text:
PART I
Citation and commencement
1
This Order may be cited as the Local Government Reorganisation (Capital Money) (Greater London) Order 1987 and shall come into force on 27th February 1987.
Interpretation
2
1
In this Order except where the context otherwise requires —
“the abolished council” means the Greater London Council;
“the 1985 Act ” means the Local Government Act 1985;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980 ;
“direct capital receipts” means monies described in paragraph (2)(a);
“disposal” means disposal by operation of law or otherwise;
“education balances” means those transferred capital receipts which are not attributable to sums received by the abolished council from the disposal of land or other property or by way of repayment of grants and advances of a capital nature which remained unapplied immediately before 1st April 1986;
“housing advances” means sums advanced by the abolished council by way of loan for the purchase, construction, repair or improvement of dwellings;
“housing assets” means relevant land held by the abolished council for the purposes of section 92 of the Housing Act 1957 ;
“housing receipts” means those direct capital receipts which are attributable to the disposal of housing assets or the repayment of housing advances and grants for the purchase, construction, repair or improvement of dwellings;
“other property” means any vehicle, vessel, movable and immovable plant, machinery and apparatus;
“reimbursable capital money” means capital money as defined in paragraph (2) which is payable by the Residuary Body to the Exchequer or to the European Commission by virtue of the relevant land, other property, grant or advance having been financed either in whole or in part by grants from the Exchequer or the Commission;
“relevant land” means any land other than —
land held as an investment of a superannuation fund maintained under regulations made under section 7 of the Superannuation Act 1972 ; and
land in respect of which a housing association is the mortgagor and the Residuary Body is the mortgagee;
“the rating authorities” means the rating authorities in Greater London other than The Temples;
“the Residuary Body” means the London Residuary Body;
“transferred capital receipts” means monies described in paragraph (2)(b).
2
For the purposes of section 77 of the 1985 Act and this order, except article 9,
“capital money” means —
money received by the Residuary Body —
which is attributable to the disposal of relevant land or other property by that Body;
which is attributable to amounts left outstanding in accordance with section 9 of the Housing Act 1980 in connection with the disposal of housing assets by the abolished council; and
by way of repayments of grants and advances of a capital nature; and
such amount of the monies vested in the Residuary Body on the abolition date by virtue of section 62 of the 1985 Act as equals the aggregate of —
the net aggregate of those parts of the amounts shown as cash (whether credit or debit) in the accounts of the abolished council referred to in paragraph (3) for the financial year ended 31st March 1986, made up and balanced in accordance with regulation 6 of the Accounts and Audit Regulations 1983 , which are attributable to the functions of the abolished council as a local education authority; and
the amount shown as cash in the abolished council’s Supplies Reserve Fund for that financial year.
3
The accounts referred to in paragraph (2)(b) are —
a
the Direct Labour Operation of the Architect’s Department Account;
b
the Inner London Education Authority Building and Equipment Renewal and Repair Fund;
c
the Insurance Fund;
d
the Insurance Reserve Fund;
e
the Mechanical and Electrical Engineering Maintenance Direct Labour Organisation Account; and
f
the Special No. 1 Precept Account.
4
Where the amount vested as mentioned in paragraph (2)(b) is less than the aggregate of the amounts shown as cash in the accounts of the abolished council for the financial year ended 31st March 1986 the Residuary Body shall be deemed for the purposes of this order to have had vested in it under section 62 such additional sum as makes that amount equal to that aggregate.
PART II
Interpretation
3
1
In this Part —
“net capital residue” means the direct capital receipts of the Residuary Body in the financial year in question other than those receipts which are attributable to —
a
the disposal of relevant land or other property purchased by that Body; or
b
repayments of grants and advances of a capital nature in respect of —
i
grants or advances made by that Body; and
ii
grants or advances made to authorities to whom Part VIII of the 1980 Act applies or to the London Transport Executive,
less the amount payable in that year by way of reimbursable capital money.
2
For the purposes of this Part, the population of the area of a rating authority shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference to the 30th June which falls 21 months before the beginning of the financial year in question.
Additions to net capital receipts
4
1
For the purposes of section 72(3) of the 1980 Act, each rating authority’s net capital receipts for each financial year commencing with the financial year beginning 1st April 1986 shall be treated as if they included an amount determined in accordance with the formula —
SA T + YB Z
where —
S equals the population of the area of the rating authority in question;
T equals the population of the area of all the rating authorities;
A equals that part of the net capital residue for the financial year in question which does not consist of housing receipts;
Y equals that part of the amount of prescribed expenditure first specified for that year in accordance with section 72(1) of the 1980 Act in relation to the rating authority in question which is referable to the Housing Investment Programme;
Z equals the aggregate of those parts of the amounts of prescribed expenditure so specified in relation to each of the rating authorities which are referable to the Housing Investment Programme; and
B equals that part of the net capital residue for that year which consists of housing receipts.
2
For the purposes of section 72(3) of the 1980 Act, each rating authority’s net capital receipts for the financial year ending 31st March 1987 shall be treated as if they included (in addition to any amount ascertained in accordance with paragraph (1)) an amount determined in accordance with the formula —
SC T
where —
S and T have the same values as in paragraph (1) and C is an amount equal to that which, if the abolished council had been an authority to whom Part VIII of the 1980 Act applied,
would have been regarded as capital receipts for the purposes of that Part of that Act; and
immediately before 1st April 1986 remained unused for the purpose of authorising prescribed expenditure by that council, less the amount which would have been attributable to the functions of the abolished council as a local education authority.
3
For the purposes of section 72(3) of the 1980 Act, the net capital receipts of the Inner London Education Authority for the financial year ending 31st March 1987 shall be treated as if they included the amount last mentioned in paragraph (2).
4
Regulations under sections 72(3)(d) and 75 of the 1980 Act apply in relation to amounts to be included in the net capital receipts of any authority by virtue of this article as they apply to other receipts of the authority.
PART III
Grant to The Trust for London
5
On or before 31st March 1987 the Residuary Body shall pay by way of grant to The Trust for London (an eligible charity for the purposes of section 49 of the 1985 Act) the sum of ten million pounds.
Distribution of other capital money
6
1
In respect of each financial year commencing with the financial year beginning 1st April 1986 the Residuary Body shall pay to each rating authority an amount which shall be determined in accordance with the Schedule to this order.
2
The Residuary Body shall pay to the Inner London Education Authority —
a
the transferred capital receipts; and
b
an amount which shall be calculated by applying to the transferred capital receipts the rate agreed between the Residuary Body and the Authority on 28th April 1986 as if those receipts were an amount of principal and the rate were a weekly rate of interest in respect of the period beginning on 1st April 1986 and ending on the day on which the payment required by subparagraph (a) is made.
PART IV
Administrative arrangements — notifications
7
1
Subject to paragraph (2), on or before 30th June and on or before 31st December in each financial year beginning with the financial year commencing 1st April 1986 the Residuary Body shall notify each rating authority of its estimate and revised estimate, respectively, of —
a
the amounts of capital money to be received in the current and next succeeding financial years;
b
the amounts to be paid to that authority in those years in accordance with this order;
c
the amounts which, in accordance with article 4(1), are to be treated as included in the authority’s net capital receipts for those years; and
d
the classes of disposals and repayments to which the amounts referred to in subparagraph (c) relate.
2
Paragraph (1) shall apply to the financial year ending 31st March 1987 with the omission of any reference to 30th June and revised estimates and with the substitution of 28th February for 31st December.
3
On or before 28th February 1987 the Residuary Body shall notify each rating authority and the Inner London Education Authority of its estimate of the amount which, in accordance with article 4(2) and (3), respectively, is to be treated as included in the authority’s net capital receipts and of the classes of disposals and repayments to which that amount relates.
4
On or before 30th June in each financial year commencing with the financial year beginning 1st April 1987, the Residuary Body shall notify each rating authority of the amount determined for the preceding financial year in accordance with article 4(1) for that authority and on or before 30th June 1987 that Body shall notify each rating authority and the Inner London Education Authority of the amount determined in its case for the preceding financial year in accordance with article 4(2) and (3), respectively, together with an indication of the classes of disposals and repayments to which that amount relates.
5
At the same time as it notifies an authority of any of the matters referred to in paragraphs (1), (3) and (4) the Residuary Body shall send a copy of such notification to the Secretary of State.
6
For the purposes of paragraphs (1), (3) and (4), disposals and repayments shall be classified in accordance with Schedule 1 to the Local Government (Prescribed Expenditure) Regulations 1983 ,
Administrative arrangements — distribution of capital money
8
1
The payment required by article 6(2) shall be made no later than 28 days after the date upon which the accounts of the abolished council for the financial year ended 31st March 1986 are made up and balanced in accordance with regulation 6 of the Accounts and Audit Regulations 1983 or 14 days after this order comes into force, whichever is the later.
2
The Residuary Body shall notify the Inner London Education Authority of the amount of the parts of that payment which are referable to the education balances and to the amount referred to in article 6(2)(b) and shall send a copy of such notification to the Secretary of State.
3
Within seven days of making any payment in accordance with article 6(2), the Residuary Body shall notify the Secretary of State of the amount paid.
4
The Residuary Body shall use its best endeavours to secure that payments required by article 6(1) are made on or before the last day of the financial year in question. Any part of a payment not so made (“the residual amount”) shall be paid no later than 30th June in the next financial year.
5
Residual amounts shall be deemed to vest in the rating authority entitled to them on the last day of the financial year in question and shall thereafter be regarded as interest-free loans to the Residuary Body by the relevant rating authorities.
6
On or before 1st July in each financial year commencing with the financial year beginning 1st April 1987 the Residuary Body shall notify the Secretary of State of the amounts paid in respect of the preceding financial year by virtue of article 6(1).
Application of capital money
9
1
Subject to paragraph (2), money received by an authority by virtue of this order shall be applied for any purpose for which capital money received by a local authority on the disposal of land under Part VII of the Local Government Act 1972 may properly be applied.
2
The education balances and the amount referred to in article 6(2)(b) shall be carried to the general fund kept by the Inner London Education Authority in accordance with section 72(1) of the 1985 Act.
Nicholas Ridley,
Secretary of State for the Environment
2nd February 1987


type: legislation

jurisdiction: UK

text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (School Government) Regulations 1987 and shall come into force on 1st September 1987.
Revocations
2
The regulations specified in Schedule 1 are, to the extent to which they remain in force by virtue of the operation of section 17(2) of the Interpretation Act 1978 hereby revoked.
Interpretation
3
Except where the context otherwise requires, in these Regulations–
a
“the 1986 Act ” means the Education (No. 2) Act 1986;
b
any reference to a school is a reference to a school or new school which is, or will be, a county, voluntary or maintained special school;
c
any reference to a governing body, in relation to a school, is a reference to the governing body or temporary governing body of the school, whether that body was constituted before or after the coming into force on 1st September 1987 of sections 1 and 12 of the 1986 Act; and any reference to a governor is a reference to a member of such a governing body;
d
any reference to a governing instrument, in relation to a school, is a reference to the instrument of government or arrangement under which the governing body of the school is constituted; and
e
any reference to a regulation is a reference to a regulation of these Regulations, any reference in a regulation to a paragraph is a reference to a paragraph of that regulation and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.
PART II
PROCEEDINGS OF GOVERNING BODIES OF SCHOOLS
Disqualification from membership of governing bodies–general
4
Regulations 5 to 8 and 15 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a governor of a school and the circumstances and cases so prescribed shall be the only circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as such a governor.
Disqualification from membership of more than four governing bodies
5
1
On and after 1st September 1987 a person shall be disqualified for holding office as a governor of a school if, were he to be appointed or elected to that office, he would, at the date the appointment or election would have taken effect, be a member of the governing bodies of more than four schools.
2
Where a person, by virtue of appointments or elections made before 1st September 1987, is on 1st September 1989 a member of the governing bodies of more than four schools then, on that date, he shall be disqualified for continuing to hold office as a governor of those schools, without prejudice however, subject to paragraph (1), to his re-appointment or re-election as a governor of one or more thereof.
3
A person who is on 1st September 1987, or (by virtue of offices taken up after that date) subsequently becomes, an ex officio member of the governing bodies of more than four schools shall be disqualified for continuing to hold office as such save–
a
in the case of such four or lower number of those bodies as may for the time being be designated by him for the purposes hereof by notice in writing given to the clerks to the governing bodies so designated and to the clerks to the other governing bodies of which he would otherwise have been an ex officio member, such notice being expressed to have effect from a date not earlier than two months after the date thereof; and
b
until 1st September 1989, in the case of a governing body (not designated as aforesaid) of which he became an ex officio member before 1st September 1987.
4
Where a person–
a
is a temporary governor of a school by virtue of his having been appointed under a provision made by virtue of paragraph 7(2) of Schedule 2 to the 1986 Act; or
b
is a governor or temporary governor of a school ex officio ;
that governorship shall be disregarded when the number of governorships are calculated for the purpose of paragraphs (1) and (2) above.
5
Where there is a single governing body for a group of two or more schools, that group shall be treated for the purposes of this regulation as if it were a single school.
Disqualification from membership of governing bodies–bankruptcy etc.
6
1
Subject to the provisions of this regulation, a person shall be disqualified for holding, or for continuing to hold, office as a governor of a school if he has been adjudged bankrupt or made a composition or arrangement with his creditors; and a governor, on becoming so disqualified, shall give written notice of the fact to the clerk to the governing body.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification from membership of governing bodies–criminal convictions
7
1
A person shall be disqualified for holding, or for continuing to hold, office as a governor of any school if, within five years before his appointment or election would otherwise have taken effect or since his appointment or election or, as the case may be, within five years before he would otherwise have become an ex officio governor or while such a governor, he has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine.
2
A person shall be disqualified for holding, or for continuing to hold, office as a governor of a particular school if within five years before his appointment or election as a governor of that school would otherwise have taken effect or since that appointment or election or, as the case may be, within five years before he would otherwise have become an ex officio governor of that school or while such a governor of that school, he has been convicted of an offence under section 40 of the Local Government (Miscellaneous Provisions) Act 1982 (nuisance and disturbance on education premises) which took place on the premises of that school or, where that school is a new school, on the premises of a school which is, in relation to that new school, a discontinued school.
3
For the purposes of paragraph (2) above, a school is a discontinued school if–
a
the school is to be discontinued; and
b
the pupils at the school, or a substantial number of those pupils, are expected to transfer to the new school.
4
Where, by virtue of this regulation, a person becomes disqualified for holding office as a governor of any school of which he is, or was seeking to become, a governor he shall, upon becoming so disqualified, give notice of the fact to the clerk to the governing body of the school.
Tenure of office–absence from meetings
8
1
This regulation shall apply in the case of any governor of a school who is not an ex officio or temporary governor.
2
Such a governor who, without the consent of the governing body concerned, has failed to attend the meetings thereof for a continuous period of twelve months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to hold office as a governor of that school without prejudice, however, to his re-appointment or re-election.
Chairmen and Vice-chairmen of governing bodies and meetings
9
1
The governing body of a school shall each school year, at their first meeting in that year or such other meeting as is specified for the purpose in the governing instrument for the school, elect a chairman and vice-chairman from among their number (subject however to paragraph (5)).
2
In the event of a casual vacancy occurring in the office of chairman or vice-chairman, the governing body, unless they have no further meeting before that referred to in paragraph (1), shall at their next meeting elect one of their number (subject however to paragraph (5)) to fill that vacancy.
3
The chairman or vice-chairman of a governing body elected in pursuance of paragraph (1) or (2) shall hold office as such until his successor has been elected in pursuance of paragraph (1) without prejudice, however, to his re-election:
Provided that such a chairman or vice-chairman shall cease to hold office as such if–
a
he resigns his office by written notice given to the clerk to the governing body;
b
he ceases to be a member thereof; or
c
in the case of the vice-chairman, he is elected in pursuance of paragraph (2) to fill a casual vacancy in the office of chairman.
4
The chair at any meeting of the governing body of a school shall be taken by the chairman thereof or, in his absence, by the vice-chairman except that where both are absent those present shall elect from among their number (subject however to paragraph (5)) a person to take the chair at the meeting during such absence.
5
A governor who is employed as a teacher or otherwise at the school in question or is a registered pupil thereat shall not be eligible for election as chairman or vice-chairman of the governing body or as chairman of a meeting thereof but, subject as aforesaid, every governor shall be so eligible.
6
This regulation does not apply in relation to temporary governing bodies of new schools.
Chairmen and Vice-Chairmen of temporary governing bodies and meetings
10
1
The temporary governing body of a new school shall, at their first meeting, elect a chairman and vice-chairman from among their number (subject, however, to paragraph (5)).
2
In the event of a casual vacancy occurring in the office of chairman or vice-chairman, the temporary governing body shall, at their next meeting, elect one of their number (subject however to paragraph (5)) to fill that vacancy.
3
The chairman or vice-chairman of a temporary governing body shall cease to hold office as such if–
a
he resigns his office by written notice given to the clerk to the temporary governing body;
b
he ceases to be a member thereof; or
c
in the case of a vice-chairman, he is elected in pursuance of paragraph (2) to fill a casual vacancy in the office of chairman.
4
The chair at any meeting of the temporary governing body of a new school shall be taken by the chairman thereof or, in his absence, by the vice-chairman except that where both are absent those present shall elect from among their number (subject however to paragraph (5)) a person to take the chair at the meeting during such absence.
5
A member of the temporary governing body of a new school who is–
a
the head teacher of the new school;
b
a temporary teacher governor of the new school;
c
a pupil at the new school or, in the opinion of the other temporary governors, likely to become such a pupil; or
d
a person employed at the new school or, in the opinion of the other temporary governors, likely to become so employed;
shall not be eligible for election as chairman or vice-chairman of the temporary governing body of the new school or as chairman of a meeting thereof but, subject as aforesaid, every temporary governor shall be so eligible.
Right of head teacher to attend meetings
11
1
A head teacher of a school who is not a governor thereof shall be entitled to attend any meeting of the governing body of the school subject, however, to regulation 14(2).
2
Where two or more schools are to be discontinued (“the discontinued schools”), and the registered pupils at those schools, or a substantial number of those pupils, are expected to transfer to a new school, the head teachers of the discontinued schools shall be entitled to attend any meeting of the temporary governing body of the new school until a head teacher is appointed for that new school subject, however, to regulation 14(2).
Meetings
12
1
The governing body of every school, other than a new school, shall hold a meeting at least once in every term.
2
The temporary governing body of a new school shall hold a meeting as often as occasion may require.
3
Any three members of the governing body of a school may requisition a meeting of that body; and it shall be the duty of the clerk thereof to convene a meeting which is so requisitioned.
Quorum
13
1
The quorum for a meeting of the governing body of a school shall, except where paragraph (2) applies, be any three members of that body or, where greater, any one third (rounded up to a whole number) of the membership thereof when complete.
2
Where the governing instrument for a school includes a provision specifying the quorum for a meeting of the governing body of the school and that provision is different from the provision contained in a paragraph (1) by reason only that the quorum specified in the governing instrument is greater than that provided for in that paragraph, the quorum specified in the governing instrument shall, provided it does not exceed two fifths (rounded up to a whole number) of the membership of the governing body of the school when complete, be the quorum for a meeting of the governing body of the school.
3
The quorum for the purpose of–
a
making appointments of parent governors in accordance with any provision made by virtue of section 5 of the 1986 Act;
b
co-opting governors (otherwise than as foundation governors) in accordance with any provision made by virtue of section 3 of that Act, or by virtue of that section as applied by paragraph 2(1)(a) of Schedule 2 to that Act; and
c
co-opting temporary teacher governors in accordance with paragraph 8 of Schedule 2 to that Act;
shall be any three quarters (rounded up to a whole number) of the governors concerned.
Proceedings and minutes
14
1
Any question coming or arising before the governing body of a school shall be decided by a majority of the members thereof present and voting on the question at a meeting of the governing body except that, in the case of an equality of votes, the chairman shall have a second or casting vote.
2
Subject to paragraphs (3) and (4), the provisions of Schedule 2 hereto shall have effect for the purpose of prescribing the only circumstances and cases in which a member of a governing body, head teacher or other person present at a meeting thereof shall be required to–
a
withdraw from the meeting;
b
not take part in the consideration or discussion of specified matters;
c
in the case of a member, not vote on any question with respect to a specified matter.
3
In the case of a person who is a registered pupil at the school, the governing instrument for the school may contain provision specifying circumstances and cases additional to those mentioned in Schedule 2 hereto, in which such a person shall act, or refrain from acting, as mentioned in paragraph (2).
4
Where the governing body of a school are considering disciplinary action (within the meaning of paragraph 5 of Schedule 2) against a teacher or other person employed at the school, against a pupil, or arising out of an alleged incident involving a pupil, nothing in Schedule 2 and no such provision of the governing instrument as is mentioned in paragraph (3) shall be construed as precluding the governing body, at any disciplinary hearing conducted by them (including the hearing of an appeal), from allowing–
a
that teacher or other person, the pupil concerned, or a parent of the pupil, to attend the hearing and to be heard in the matter;
b
a person who has made relevant allegations, to present those allegations at the hearing; or
c
a person who is a material witness, to give relevant evidence.
5
Minutes of proceedings of meetings of the governing body of a school shall be drawn up and entered in a book kept for the purpose and shall be signed at the same or next subsequent meeting by the person who is the chairman thereof:
Provided that minutes may be entered on loose leaves consecutively numbered but in such case the person signing the minutes shall initial each leaf.
6
On request made in that behalf by the chief education officer of the local education authority by whom a school is maintained, in relation to a particular meeting or generally, that authority shall be supplied with a copy of the signed minutes of the relevant meeting or (as the case may be) of any meeting of the governing body of the school.
Tenure of office–teacher governors etc.
15
1
This regulation shall apply–
a
in the case of a teacher governor of a school other than a temporary teacher governor of a new school;
b
if the governing instrument for an aided or special agreement school provides for the election by persons employed at the school, otherwise than as teachers, of a governor who at the time when he is elected is so employed, in the case of a governor so elected.
2
A governor to whom this regulation applies shall, upon his ceasing to be employed at the school, be disqualified for continuing to hold office as such a governor.
Head teacher governors
16
Where the head teacher of a school decides not to be a governor thereof, or not to continue as a governor thereof, he shall give written notice of that decision to the clerk to the governing body of the school.
Resignation and removal of governors
17
Where a governor of a school resigns his office or is removed from office, the governor or, where he is removed from office, those removing him, shall give written notice thereof to the clerk to the governing body of the school.
Notification of appointments and vacancies
18
1
Where a casual vacancy occurs among the appointed members of the governing body of a school or such a member’s term of office is about to expire, the clerk thereto shall give written notice to the authority, body or persons by whom the vacancy falls, or will fall, to be filled unless they have notified him of an appointment to fill the vacancy.
2
Where any authority, body or persons make an appointment to the governing body of a school they shall give written notice of the appointment to the clerk thereto, specifying the name and usual place of residence of the person appointed.
Convening of meetings
19
1
Without prejudice to paragraph 2(4) of Schedule 2 to the 1986 Act, regulation 12(3) or any provision contained in the governing instrument, a meeting of the governing body of a school may be convened by the clerk thereto but he shall comply with any direction in the matter–
a
given by the governing body at a previous meeting; or
b
given by the chairman or, in his absence, the vice-chairman of the governing body, so far as such direction is not inconsistent with a direction given as mentioned in sub-paragraph (a).
2
Every member of the governing body of a school, a head teacher (if he is not a member of the governing body) and the chief education officer of the local education authority by whom the school is maintained shall be given, at least seven clear days before the date of a meeting,–
a
written notice thereof, signed by the clerk; and
b
a copy of the agenda for the meeting:
Provided that where the chairman or, in his absence, the vice-chairman, so directs on the ground that there are matters demanding urgent consideration, it shall be sufficient if the written notice convening a meeting, and the copy of the agenda therefor, are given within such shorter period as he specifies.
3
For the purposes of this regulation, written notice of a meeting and a copy of the agenda therefor may be given to a person by leaving it at, or sending it by post to, his usual place of residence.
4
The convening of a meeting and the proceedings conducted thereat shall not be invalidated by reason of an individual not having received written notice of the meeting or a copy of the agenda therefor.
5
For the purposes of paragraph (2) “head teacher” means any head teacher entitled, by virtue of regulation 11, to attend the meetings of the governing body.
Recission and variation of resolutions
20
1
A resolution to rescind or vary a resolution carried at a previous meeting of the governing body of an aided or special agreement school shall not be proposed at a meeting of the governing body of the school unless the consideration of the rescission or variation of the previous resolution is a specific item of business on the agenda for that meeting.
2
Paragraph (1) above shall apply in relation to the governing body of a controlled school constituted under a governing instrument made before 1st September 1987, as it applies in relation to governing bodies of aided and special agreement schools.
Termination and adjournment of meetings
21
1
If the number of governors assembled for a meeting of the governing body of an aided or special agreement school does not constitute a quorum therefor, the meeting shall not be held.
2
If in the course of a meeting of the governing body of such a school–
a
it is so resolved; or
b
the number of members thereof present ceases to constitute a quorum therefor;
the meeting shall be terminated forthwith.
3
If a meeting is not held or is terminated as aforesaid before all the proposed business has been transacted, a further meeting shall be convened as soon as is reasonably practicable.
4
If it is so resolved, a meeting of the governing body of such a school shall stand adjourned until the time and date specified in the resolution for the resumption thereof; and, in such case, their clerk shall endeavour to ensure that any member not present when the resolution was carried is informed of its terms.
Public access to meetings of governing bodies
22
Any question whether any person who is not–
a
a member of the governing body of a school;
b
a head teacher entitled, under regulation 11, to attend meetings of the governing body of a school; or
c
the clerk to the governing body of a school;
should be allowed to attend a meeting of the governing body of the school, shall be determined by that body.
Record of persons present at a meeting
23
The names of the members of the governing body of a school present at a meeting of that body and of any head teacher (not being a governor) who attends such a meeting shall be recorded alongside the minutes of the meeting drawn up and entered as mentioned in regulation 14(5).
Power of chairman or vice-chairman of governing body to act in cases of urgency
24
1
The chairman or, if he cannot be contacted, the vice-chairman of the governing body of a school shall, in the circumstances mentioned in paragraph (2) below, have power to discharge, as a matter of urgency, any function of the governing body of the school.
2
The circumstances are that a delay in exercising the function would be likely to be seriously detrimental to the interests of the school, or to the interests of any registered pupil at the school, his parent, or a person employed at the school.
3
In paragraph (2) above, “a delay” means a delay for a period extending beyond the day preceding the earliest date on which it would be reasonably practicable for a meeting of the governing body to be held.
Publication of minutes and papers
25
1
Subject to paragraph (2), a copy of–
a
the agenda for every meeting of the governing body of a school;
b
the draft minutes of every such meeting if they have been approved by the chairman of the meeting;
c
the signed minutes of every such meeting; and
d
any report, document or other paper considered at any such meeting;
shall, in each case as soon as may be, be made available at the school by the governing body to persons wishing to inspect them.
2
There may be excluded from any item required to be made available in pursuance of paragraph (1), any material relating to–
a
a named teacher or other person employed at, or proposed to be employed at, the school;
b
a named pupil at, or candidate for admission to, the school;
c
any matter which, by reason of its nature, the governing body are satisfied should be dealt with on a confidential basis.
3
This regulation does not apply in relation to temporary governing bodies of new schools.
PART III
SELECTION PANELS FOR THE APPOINTMENT OF HEADTEACHERS AND DEPUTY HEAD TEACHERS
General
26
This part shall apply in relation to any selection panel constituted in accordance with the provision made by the articles of government for any county, controlled, special agreement or maintained special school by virtue of section 36(1) of, or paragraph 22 of Schedule 2 to, the 1986 Act.
Proceedings of Selection Panel
27
1
The proceedings of a selection panel shall be under the control of the panel and any question coming or arising before such a panel shall be decided by a majority of its members (including any not voting on the question), with no member of the panel having a second or casting vote.
2
Meetings of such panels shall be requisitioned by the local education authority concerned as occasion may require:
Provided that the authority shall give the governing body of the school reasonable notice of any such meeting.
3
Any question whether a person who is neither a member of such a panel nor the chief education officer of the local education authority concerned (or a member of his department nominated by him), should be entitled to attend any proceedings of the panel (including interviews), shall be decided by the panel.
PART IV
POWER OF LOCAL EDUCATION AUTHORITY TO ACT WITHOUT CONSULTING GOVERNING BODY
Exclusion of pupils from school
28
Where–
a
a pupil has been excluded from a school in circumstances in which that pupil would, as a result of his exclusion from the school, lose an opportunity to take any public examination; and
b
the local education authority concerned wish to consult the governing body of the school with a view to exercising, as a matter of urgency, any power vested in the authority (by virtue of section 24 or 25 of the 1986 Act) of directing the head teacher of the school to reinstate the pupil, but are unable to contact the chairman or vice-chairman of the governing body;
the authority may direct the head teacher to reinstate the pupil without consulting the governing body.
Appointment of teachers at certain schools
29
Where, in the case of any county, controlled, special agreement or maintained special school, a local education authority–
a
are minded to appoint a particular person in their employ to fill a teaching post at the school in accordance with the procedure laid down by virtue of section 38(4) of the 1986 Act, or in accordance with that procedure as applied in relation to new schools by paragraph 24(1) of Schedule 2 to that Act, (the authority having had regard to any specification provided by the governing body of the school under that procedure); and
b
require (in accordance with that procedure) to consult the governing body of the school with a view to appointing that person to that post as a matter of urgency, but are unable to contact the chairman or vice-chairman of the governing body;
the authority may proceed with the appointment of that person to that post without consulting the governing body.


text:
1
This Order may be cited as the Gipsy Encampments (Borough of Great Yarmouth) Order 1987 and shall come into force on 28th October 1987.
2
The area of the Borough of Great Yarmouth is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Nicholas Ridley
Secretary of State for the Environment
28th September 1987


text:
1
These Regulations may be cited as the Rent Act 1977 (Forms etc.) (Amendment) Regulations 1987 and shall come into force on 4th May 1987.
2
The Rent Act 1977 (Forms etc.) Regulations 1980 are amended as follows —
i
For sub-paragraphs (a) and (b) of regulation 3(1) substitute —
a
in the case of a notice under section 45(2) of the 1977 Act where the rent is not subject to the phasing provisions of Schedule 8 to the Act, form No. 1;
b
in the case of a notice under section 45(2) of the 1977 Act where a rent is subject to the phasing provisions of Schedule 8 to the Act, form No. 2; and
.
ii
In the list of contents in Schedule 1 for the entries relating to forms Nos. 1 to 3 substitute —
1
Notice of increase of rent under regulated tenancy where the increase is not subject to the phasing provisions of Schedule 8 to the Act.
2
Notice of increase of rent under regulated tenancy where the increase is subject to the phasing provisions of Schedule 8 to the Act.
.
iii
In Schedule 1, for forms Nos. 1 and 2 substitute the forms bearing those numbers in the Schedule to these Regulations and omit form No. 3.


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered CSE 205/2/26/02 marked “The London-Brighton Trunk Road (A23 Albourne (B2116) — Muddleswood) Order 1987” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SWIP;
ii
“the new trunk road”means the highway mentioned in article 1 of this Order;
iii
“the Trunk Road” means the London-Brighton Trunk Road (A23).
5
This Order shall come into force on 31st December 1987 and may be cited as the London-Brighton Trunk Road (A23 Albourne (B2116) — Muddleswood) Order 1987.
Signed by Authority of the Secretary of State
D Gruffydd Jones
Regional Director South East Region
Department of Transport
21st October 1987


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Cambridgeshire that the new trunk road specified in the Leicester — Great Yarmouth Trunk Road (A47) (Guyhirn Diversion) Order 1987 is open for through traffic.
2
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway; and
2
i
“classified road”as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”means the plan numbered HA10/2E/231 marked “The Leicester — Great Yarmouth Trunk Road (A47) (Detrunking at Guyhirn) Order 1987” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the Trunk Road”means the Leicester — Great Yarmouth Trunk Road (A47).
3
This order shall come into force on 11th December 1987 and may be cited as the Leicester — Great Yarmouth Trunk Road (A47) (Detrunking at Guyhirn) Order 1987.
Signed by authority of the Secretary of State
G.D. Crane
Regional Director, Eastern Region,
Department of Transport
23rd November 1987


text:
Title and commencement
1
These Regulations may be cited as the Milk (Community Outgoers Scheme) (England and Wales) (Amendment) (No.2) Regulations 1987 and shall come into force on 10th June 1987.
Amendment of principal Regulations
2
1
The Milk (Community Outgoers Scheme) (England and Wales) Regulations 1986 shall have effect with the following amendments.
2
For regulation 5 there shall be substituted —
For the purposes of Articles 1 and 3(2) of the Commission Regulation (Member States to make rules for the acceptance of applications) and subject to Article 1(2) second indent of the Council Regulation (Member States authorized to ensure that reductions are spread equally) where the sum of valid applications throughout the United Kingdom together relate to a quantity of eligible quota which exceeds 152,714,910 litres, the appropriate Minister shall give preference to applications in order of their receipt by him.
3
In regulation 6(2) for the words “13th March 1987” there shall be substituted the words “30th December 1987”.
4
In regulation 7(1) for the words “13th March 1987” there shall be substituted the words “30th December 1987”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th May 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
Nicholas Edwards
Secretary of State for Wales
14th May 1987


text:
Citation and commencement
1
These Rules may be cited as the Rules of Procedure (Air Force) (Amendment No.2) Rules 1987 and shall come into force on 1st January 1988.
Amendment
2
The Rules of Procedure (Air Force) (Amendment) Rules 1987 shall take effect as if for rule 3(2) there were substituted the following:–
2
In Rule 74 for paragraph (2) there shall be substituted the following:–
2
Where the accused is found guilty by a general court-martial or a field general court-martial of two or more offences against s.70 of the Act, consisting in the commission of civil offences for which a civil court in England could award imprisonment, the court-martial may by its sentence award, for any of the said offences, a term of imprisonment or may make a custodial order, in which event that term or order shall run from the expiry of a term or order awarded or made by that sentence for any other of those offences.
.
.
George Younger
Secretary of State for Defence
Dated 16th December 1987


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) ( No. 10) Revocation Order 1987 and shall come into force on 27th February 1987.
Revocation
2
The Food Protection (Emergency Prohibitions) (No. 10) Order 1986 is hereby revoked.
D. J. Essery
Under Secretary,Scottish Office
New St. Andrew’s House,
Edinburgh
25th February 1987


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order, shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The lengths of trunk road described in Schedule 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 a classified road and an unclassified road accordingly as from the date on which the Secretary of State notifies the County Council of Dyfed that the new trunk roads are open for through traffic.
4
In this Order —
i
All measurements of distance are measured along the route of the relevant highway.
ii
“the deposited plan”
means the plan numbered HA10/2 WO59 marked “The London — Fishguard Trunk Road (Nant-Y-Caws — Coed — Hirion By-pass) Order 1987” signed by authority of the Secretary of State and deposited at the Welsh Office, Departmental Records Office, Curran Embankment, Penarth Road, Cardiff;
iii
“the new trunk roads”
means the highways mentioned in article 1 of this Order;
iv
“classified road”
as a classification for a highway means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
v
“the trunk road”
means the London — Fishguard Trunk Road (A48).
5
This Order shall come into force on 4th December 1987 and may be cited as the London — Fishguard Trunk Road (Nant-Y-Caws — Coed — Hirion By-pass) Order 1987.
Signed by authority of the Secretary of State.
G. Mercer
Director of Highways, Welsh Office
6th November 1987


text:
1
These Regulations may be cited as the Royal Irish Constabulary (Lump Sum Payments to Widows) Regulations 1987 and shall come into force on 7th December 1987.
2
In these Regulations any reference to the principal Regulations is a reference to the Royal Irish Constabulary (Widows' Pensions) Regulations 1971 .
3
These Regulations shall be construed as one with the principal Regulations which shall have effect subject to the provisions of these Regulations.
4
1
This regulation shall apply to a widow who is in receipt of an allowance or pension under either of the following provisions of the principal Regulations, namely under —
a
regulation 4 (supplementary allowance payable to certain widow pensioners), or
b
regulation 5 (pension payable to certain widows not otherwise entitled to pension),
where the allowance or pension is payable in respect of a period which includes a day in the week beginning with 7th December 1987 and, in this regulation, such an allowance or pension is referred to as a “relevant award” and such a period for which it is paid (or, if there is more than one such period, the first of those periods) is referred to as the “relevant period”.
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, her relevant award shall be paid, in respect only of the relevant period, at such rate as will secure that the amount thereof for the relevant period exceeds by £10 the amount for that period which would have been paid had these Regulations not been made.
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, commencement and interpretation
1
1
These regulations, which may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 1987, shall come into force for the purposes of regulations 1, 2, 3 and 4 on 1st April 1987 and for the purposes of regulation 5 on 6th April 1987.
2
In these regulations “the principal regulations” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 .
Amendment of the principal regulations relating to prescription of lung cancer
2
1
Part 1 of Schedule 1 to the principal regulations shall be amended by the addition after the disease numbered D9 (Bilateral diffuse pleural thickening), of the disease specified in the first column of the Schedule hereto and of the occupations set against this disease in the second column of that Schedule.
2
For the definition of “lung cancer” in regulation 1(2) of the principal regulations shall be substituted “ “lung cancer” means the diseases numbered D8 and D10 in Part I of Schedule 1 to these regulations except in Part I of Schedule 1 and in Schedule 4 where it means the disease numbered D10.”.
3
In Schedule 4 to the principal regulations after the entry relating to the disease numbered D9 (Bilateral diffuse pleural thickening) there shall be inserted —
a
in the first column the words “D10 lung cancer”;
b
in the second column the date “1st April 1987”.
Date before which there will not be entitlement to payment of benefit
3
There shall be no entitlement to payment of benefit in the case of a person suffering from prescribed disease D10 in respect of any day which is earlier than the relevant date or in respect of any death which occurs before the relevant date.
Amendment of the Social Security (Adjudication) Regulations 1984
4
1
The Social Security (Adjudication) Regulations 1984 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 32(2) (determination of medical questions) for the words “or D9” there shall be substituted the words “, D9 or D10”.
3
In regulation 36(2) (disqualification from acting as an adjudicating medical authority) for the words “or D9” there shall be substituted the words “, D9 or D10”.
4
In regulation 41(2)(b) (application of adjudication regulations to prescribed diseases) for the words “and D9” there shall be substituted the words “, D9 and D10”.
5
In regulation 43(2) (reference of diagnosis and recrudescence questions for medical report) for the words “and D9” there shall be substituted the words “, D9 and D10”.
Amendment of the Social Security (Adjudication) Regulations 1986
5
1
The Social Security (Adjudication) Regulations 1986 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 29(2) (determination of medical questions) for the words “or D9” there shall be substituted the words “, D9 or D10”.
3
In regulation 33(2) (disqualification from acting as an adjudicating medical authority) for the words “or D9” there shall be substituted the words “, D9 or D10”.
4
In regulation 41(2)(b) (application of adjudication regulations to prescribed diseases) for the words “and D9” there shall be substituted the words “, D9 and D10”.
5
In regulation 42(1) (reference of diagnosis and recrudescence questions for medical report) for the words “and D9” there shall be substituted the words “, D9 and D10”.
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
4th March 1987


text:
1
1
This Order may be cited as the Town and Country Planning General Development (Amendment) (No. 2) Order 1987.
2
This Order shall come into force on 1st June 1987.
2
The Town and Country Planning General Development Order 1977 (b) is amended by the substitution for Class III in Schedule 1 to that Order of the class set out in the Schedule to this Order.


text:
Title, extent and commencement
1
These Regulations may be cited as the Welfare of Calves Regulations 1987, shall apply to Great Britain and shall come into force on 1st January 1990.
Requirements for the welfare of calves
2
No person shall keep, or knowingly cause or permit to be kept, a single calf in a pen or a stall on any agricultural land unless the following requirements are complied with —
a
the width of the pen or stall is not less than the height of the calf at the withers;
b
the calf is free to turn round without difficulty;
c
the calf is fed a daily diet containing sufficient iron to maintain it in full health and vigour; and
d
if the calf is more than 14 days old, it has access each day to food containing sufficient digestible fibre so as not to impair the development of its rumen.
Offences
3
A person who contravenes or fails to comply with any provision of these Regulations shall be guilty of an offence under section 2 of the Agriculture (Miscellaneous Provisions) Act 1968.
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
22nd November 1987.
Sanderson of Bowden
Minister of State, Scottish Office
22nd November 1987
Peter Walker
Secretary of State for Wales
23rd November 1987


text:
Citation
1
These Regulations may be cited as the Special Constables (Injury Benefit) Regulations 1987.
Commencement
2
These Regulations shall come into force on 17th March 1987 and shall have effect as from 25th November 1982.
Interpretation
3
1
Subject to the following provisions of these Regulations, these Regulations shall be construed as one with the Special Constables (Pensions) Regulations 1973 (hereinafter referred to as “the principal Regulations”).
2
Notwithstanding Regulation 3(3) of the principal Regulations, in these Regulations “totally disabled” means incapable by reason of the disablement in question of earning any money in any employment and “total disablement” shall be construed accordingly.
3
In the case of a person who is totally disabled, Regulation 13(1) of the Police Pensions Regulations 1973 , as applied by Regulation 3(2) of the principal Regulations, shall have effect, for the purposes of these Regulations, as if the reference to “that disablement being likely to be permanent” were a reference to the total disablement of that person being likely to be permanent.
Injury Benefit
4
The Police (Injury Benefit) Regulations 1987 shall apply, subject to the necessary modifications, in relation to:
a
a person who —
i
receives or received an injury without his own default in the execution of his duty, whether before, on or after 25th November 1982; and
ii
on or after that date ceases or has ceased to hold office as a special constable; and
iii
on or after that date and within 12 months of so receiving that injury, becomes or became totally and permanently disabled as a result thereof; and
b
a special constable who —
i
receives or received an injury without his own default in the execution of his duty, whether before, on or after 25th November 1982; and
ii
was holding office as such on or after that date; and
iii
within 12 months of so receiving that injury, dies or has died as a result thereof,
as they apply in the case of a person such as is mentioned in Regulation 4(1) or, as the case may be, Regulation 5(1) of those Regulations, and as if references in those Regulations to any of the provisions of the Police Pensions Regulations 1973 included references to those provisions as applied in relation to special constables by the principal Regulations.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
6th February 1987


text:
1
These Regulations shall come into force on 21st July 1987 and may be cited as the International Carriage of Perishable Foodstuffs (Amendment) Regulations 1987.
2
In Parts I and II of the Schedule to the International Carriage of Perishable Foodstuffs Regulations 1985 for “£220” there shall be substituted “£260”.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
18th June 1987


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment (No. 3) Regulations 1987 and shall come into force on 21st December 1987.
Amendment of regulations
2
In regulation 23(1) of the National Health Service (General Dental Services) Regulations 1973 (Statement of Remuneration) —
a
in column 1 (Determination) below “V”, there shall be inserted “ VA ”; and
b
in column 2 (subject matter of determination), there shall be inserted, so as to relate to determination VA, “Allowances in respect of a dentist undergoing a period of training;”.
Signed by authority of the Secretary of State for Social Services.
Edwina Currie
Parliamentary Under-Secretary of State
Department of Health and Social Security
18th November 1987


text:
1
This Order may be cited as the Capital Allowances (Corresponding Northern Ireland Grants) Order 1987 and shall come into force on 1st April 1987.
2
The following grants, so far as they are made towards capital expenditure, are hereby declared to correspond to a grant made under Part II of the Industrial Development Act 1982 —
a
any grant made under Part III of the Industrial Development (Northern Ireland) Order 1982 being a grant at a rate not exceeding 45 per cent. of the expenditure, and being a grant made under an agreement entered into before 1st April 1989,
b
any grant made by the Local Enterprise Development Unit out of moneys granted under Article 30 of the Industrial Development (Northern Ireland) Order 1982, being a grant at a rate not exceeding 45 per cent. of the expenditure and being a grant made under an agreement entered into before 1st April 1989,
c
so much of any grant so made at a higher rate as is equal to 45 per cent. of the expenditure.
Michael Neubert,
Tim Sainsbury
Two of the Lords Commissioners of Her Majesty`s Treasury
4th March 1987


text:
Citation and coming into force
1
This Order may be cited as the National Library of Wales (Delivery of Books) (Amendment) Order 1987, and shall come into force on 1st May 1987.
Revocation
2
The National Library of Wales (Delivery of Books) Regulations 1924 and the National Library of Wales (Delivery of Books) (Amendment) Regulations 1956 (which specify classes of books not required to be delivered to the National Library of Wales) are hereby revoked.
Whitelaw
Lord President of the Council
2nd April 1987


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) (Amendment) Order 1987 and shall come into force on 29th July 1987.
2
In this Order “the principal Order ” means the Medicines (Exemptions from Restrictions on the Retail Sale or Supply of Veterinary Drugs) Order 1985 .
Amendment of the principal Order
2
The principal Order shall be amended —
a
by substituting for Part B of Schedule 1 (veterinary drugs sold by merchants) the provisions set out in Schedule 1 to this Order;
b
by substituting for Part B of Schedule 2 (veterinary drugs for incorporation in animal feeding stuffs) the provisions set out in Schedule 2 to this Order;
c
by substituting for Schedule 4 (horse wormers) the provisions set out in Schedule 3 to this Order.
John Moore
Secretary of State for Social Services
25th June 1987
Sanderson of Bowden
Minister of State, Scottish Office
19th June 1987
Peter Walker
Secretary of State for Wales
22nd June 1987
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th June 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 23rd day of June 1987.
M. N. Hayes
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 24th day of June 1987.
W. H. Jack
Permanent Secretary


text:
Citation and commencement
1
1
This Order may be cited as the Tendring Hundred Water (Stoke-by-Nayland Boreholes) Order 1987 and shall come into force on 14th May 1987.
2
This Order shall be included among the enactments which may be cited together as the Tendring Hundred Water Acts Orders 1884 to 1987.
Interpretation
2
In this Order —
“the Company” means the Tendring Hundred Waterworks Company;
“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Tendring Hundred Water (Stoke-by-Nayland Boreholes) Order 1987” one duplicate of which is deposited and is available for inspection at the principal office of the Company and the other at the offices of the Secretary of State for the Environment;
“the third Schedule” means the Third Schedule to the Water Act 1945;
“the undertaking” means the undertaking of the Company as for the time being authorised by any enactment.
Application of certain provisions of the Third Schedule
3
For the purposes of this Order the provisions of the Third Schedule set out in column (1) of Schedule 2 to this Order shall, subject to the modifications set out in column (2) of that Schedule, apply to the undertaking and are hereby incorporated with this Order.
Power to construct and maintain works
4
1
The Company may in, on or under the land described in Schedule 1 to this Order —
a
construct and maintain boreholes and a pumping station (to be called “the Stoke-by-Nayland Pumping Station”) and pumping plant for the purpose of abstracting water from those boreholes;
b
construct and maintain (in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such wells, boreholes, adits and headings as may be necessary or expedient for augmenting or improving the supply of water by means of the said boreholes, pumping station and plant.
Works to form part of undertaking
5
The works authorised by this Order shall for all purposes form part of the undertaking.


text:
Citation and commencement
1
These Regulations, which may be cited as the Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 1987, shall come into force on 1st January 1988.
Amendment of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973
2
Regulation 3 of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 shall be amended as follows: —
a
in paragraph (1) (fee for registration of premises), for “£80” there shall be substituted “£84” and for “£41” there shall be substituted “£43”;
b
in paragraph (2) (retention fee), for “£50” there shall be substituted “£53” and for “£36.50” there shall be substituted “£38”; and
c
in paragraph (3) (additional sum by way of penalty), for “£55” there shall be substituted “£100” and for “£39.50” there shall be substituted “£70”.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
27th November 1987
Peter Walker
Secretary of State for Wales
26th November 1987
Malcolm Rifkind
Secretary of State for Scotland
26th November 1987
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 2nd day of December 1987.
F. A. Elliott
Permanent Secretary


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-WO54 containing 2 plans and marked“The London — Fishguard Trunk Road (A48) (County of West Glamorgan) and The Swansea — Manchester Trunk Road (A483) (Penllergaer Roundabout, M4 to A483/A4070 Ivorites Junction) 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 purposes 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 Swansea — Manchester Trunk Road (A483).
3
This Order shall come into force on 1st April 1987 and may be cited as The London — Fishguard Trunk Road (A48) (County of West Glamorgan) and The Swansea — Manchester Trunk Road (A483) (Penllergaer Roundabout, M4 to A483/A4070 Ivorites Junction) Detrunking Order 1987.
Signed by authority of the Secretary of State for Wales
G. Mercer
Director of Highways Welsh Office
20th February 1987


text:
Citation and Commencement
1
These Regulations may be cited as the Further Education (Recoupment) Regulations 1987 and shall come into force on 1st September 1987.
Prescribed categories of pupils
2
The Schedule to these Regulations shall have effect for the purpose of prescribing categories of pupils in relation to which the provisions of subsections (1) and (5) of section 51 of the Education (No. 2) Act 1986 apply and, in the case of subsection (1), so apply irrespective of whether the provision of further education is made with the consent of the local education authority from whom payment is claimed.


text:
Citation, commencement and introduction
1
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1987.
2
These Regulations, except for regulation 4, shall come into force on 1st October 1987.
3
Regulation 4 shall come into force on 1st January 1988.
2
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall be further amended in accordance with the following provisions of these Regulations.
Amendment of regulation 2 (interpretation)
3
In paragraph (1) of regulation 2, the following new definitions shall be inserted in the appropriate places according to alphabetical order —
“maximum gross weight” has the meaning given in the Table in regulation 3(2) of the Construction and Use Regulations; “recovery vehicle” has the meaning given in paragraph 8 of Schedule 3 to the Vehicles (Excise) Act 1971 ;
.
Exemption from Regulations of certain recovery vehicles
4
In paragraph (2) of regulation 3(a) —
a
the word “or” shall be omitted from the end of sub-paragraph (s);
b
a semi-colon shall be substituted for the full stop at the end of sub-paragraph (t), and the word “or” shall be inserted threrafter; and
c
the following new sub-paragraph shall be added —
u
a recovery vehicle first used before 1st January 1988.
.
Amendments of regulation 4 (type approval requirements)
5
In regulation 4, the following new paragraphs shall be added at the end —
9
Where, in relation to item 4B(1), 4B(2), 4B(3), 4D(1), 4D(2) or 4D(3) in Schedule 1, a date is specified in column (6) of that Schedule (being a date of cessation of application of type approval requirements), that date shall not apply to any vehicle of a description set out in paragraph (10) but, in relation to any such vehicle, column (6) shall be read and shall have effect as if there was substituted in that column for the date specified therein the date mentioned in paragraph (10) in connection with a particular description of vehicle.
10
The following descriptions of vehicles apply for the purposes of paragraph (9) —
a
vehicles having a maximum gross weight not exceeding 3.5 tonnes and propelled otherwise than by compression ignition engines and for which, or for a model of which, there is a type approval certificate or (as the case may be) a Minister’s approval certificate in force on 1st October 1988 and, in relation to any such vehicle, the date substituted for the date specified in column (6) of Schedule 1 shall be 30th September 1989;
b
vehicles propelled by compression ignition engines, or propelled otherwise than by such engines if having a maximum gross weight exceeding 3.5 tonnes, and for which, or for a model of which, there is no type approval certificate or (as the case may be) Minister’s approval certificate in force on 1st October 1988 and, in relation to any such vehicle, the date substituted for the date specified in column (6) of Schedule 1 shall be 30th September 1989; and
c
vehicles propelled by compression ignition engines, or propelled otherwise than by such engines if having a maximum gross weight exceeding 3.5 tonnes, and for which, or for a model of which, there is a type approval certificate in force on 1st October 1989 and, in relation to any such vehicle, the date substituted for the date specified in column (6) of Schedule 1 shall be 30th September 1990.
11
Where, in relation to item 4C(1), 4C(2) or 4C(3) in Schedule 1, a date is specified in column (6) of that Schedule, that date shall not apply to any vehicle for which, or for a model of which, there is a type approval certificate in force on 1st October 1989 but, in relation to any such vehicle, column (6) shall be read and shall have effect as if 30th September 1990 was substituted for the date specified therein.
12
Where, in relation to item 6, 6A, 6B, 6C or 6D in Schedule 1, a date is specified in column (6) of that Schedule, that date shall not apply to any vehicle in categories M1, M2 or N1 but, in relation to any such vehicle, column (6) shall be read and shall have effect as if 30th September 1989 was substituted for the date specified therein.
.
Exemptions from type approval requirements in respect of exhaust emissions for vehicles fuelled by liquid petroleum gas
6
In Schedule 1, in column (4) in items 2(b) and 2A there shall be added, as pragraph 3 in item 2 and as paragraph 4 in item 2A, the following new paragraph —
Vehicles fuelled by liquid petroleum gas.
.
Alternative type approval requirements in respect of diesel exhaust emissions
7
In Schedule 1, in item 3A —
a
in column 3(a), delete the full stop and add “or ECE Regulation 24 as revised on 11th February 1980, amended on 15th February 1984, and further revised on 20th April 1986.”;
b
in column 3(c), in line with the addition to column 3(a), there shall be inserted the words “Design, construction and equipment requirements in paragraphs 6, 15 and 24. Marking requirements in paragraphs 5.4.3, 14.4.3 and 23.4.3.”; and
c
in column (5), in line with the additions to columns 3(a) and (c), there shall be inserted the date “1st October 1987”.
Amendments to type approval requirements in respect of noise and silencers
8
1
In Schedule 1, in column (6) in items 4B(1), 4B(2), 4B(3), 4D(1), 4D(2) and 4D(3) 30th September 1988 shall be inserted as the date of cessation of application of those type approval requirements.
2
In that Schedule, in column (6) in items 4C(1), 4C(2) and 4C(3) 30th September 1989 shall be inserted as the date of cessation of application of those type approval requirements.
9
After item 4D(3) in that Schedule there shall be inserted as items 4D(4) and 4E the items so numbered in the Schedule to these Regulations.
Amendments to type approval requirements in respect of brakes
10
In Schedule 1 —
a
in column (6) in items 6A, 6B and 6D, in relation to the items relating to ECE Regulation 13 insert the date “30.9.1988”;
b
in column (6) in items 6 and 6C, insert the date “30.9.1988”;
c
in column 3(a) in items 6F, 6G and 6H after the words “26th November 1984” there shall be inserted the words “and corrected on 31st December 1985”; and
d
after item 6H, there shall be inserted as items 6I and 6J the items so numbered in the Schedule to these Regulations.
Amendment of references to Construction and Use Regulations
11
1
In paragraph (1) of regulation 2 (interpretation) —
a
in the definition of “the Construction and Use Regulations”, for the words “Motor Vehicles (Construction and Use) Regulations 1978” there shall be substituted the words “Road Vehicles (Construction and Use) Regulations 1986 ”; and
b
for the words “Regulation 3(1)” in both places where they occur there shall be substituted the words “the Table in regulation 3(2)”.
2
In paragraph (2) of regulation 3 (application of regulations), in sub-paragraph (g) for the words “Regulation 3(1)” there shall be substituted the words “the Table in regulation 3(2)”.
3
In Schedule 1 (type approval requirements) , for the references to regulations of the Construction and Use Regulations specified in column 2 of the Table below there shall be substituted the references specified in column 3 of that Table.
Table
1. Location of references 2. Existing References 3. New References Item Number Column Number
1 (2) 44(3) 45(1) 1 (3)(a) 44(3) 45(1) 1 (4) 45 45(3) 1A (2) 45(1) 45(3) 1A (3)(a) 45(1) 45(3) 2A (3)(a) 35(2) 61(3) 3B (3)(a) 34 61(3) 4 (3)(a) 31(1), (3), (4), (5), Schedule 9 58(1), (3), (4), (5), 15, 16, 17 6E (3)(a) 13(2), 14, 59(1), (2), (3), (5) (10), (11), (12), (14), (16), 64 (1), (2), (3), (5), (10), (11), (12), (14), (15) and, if applicable, 67
4
In Schedule 2, in section 11 of Part I, for the words “C 93” there shall be substituted the words “C 78”.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
24th August 1987


text:
1
The new highways which the Secretary of State proposes to construct along the route described in the Schedule to this Order (the highway along this route being in this Order referred to as “the new trunk roads”); shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk roads that —
a
where the highway is a highway maintainable at the public expenses by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
1
All measurements of distance are measured along the route of the relevant highway;
2
“the deposited plan”means the plan numbered HA10/2 WMRO (L)XLIII, marked “The Bath — Lincoln Trunk Road (Alcester Bypasses A435/A422) 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.
5
This Order shall come into force on 21st January 1988 and may be cited as the Bath — Lincoln Trunk Road (Alcester Bypasses A435/A422) Order 1987.
Signed by authority of the Secretary of State
H.F. Ellis-Rees
Regional Director West Midlands Region
Department of Transport
29th December 1987


text:
1
These Regulations, which extend to Great Britain, may be cited as the Lawnmowers (Harmonization of Noise Emission Standards) (Amendment) Regulations 1987, and shall come into force on 1st July 1987.
2
The Lawnmowers (Harmonization of Noise Emission Standards) Regulations 1986 are hereby amended as follows: —
a
in regulation 2(1) —
i
in the definition of “ EEC mark”, “and” shall be deleted; and
ii
at the end of the definition of “the Directive” there shall be added “as amended by Commission Directive 87/252/EEC adapting it to technical progress” ;
b
in regulation 7 —
i
at the end of paragraph (1), there shall be added the following proviso: —
Provided that such checks may only be carried out if the lawnmower is for the time being held by or on behalf of the manufacturer, importer or other supplier of the lawnmower
; and
ii
in paragraph (2), after “a lawnmower” there shall be inserted “under paragraph (1) above”;
c
in Schedule 1 —
i
at the end of item 1.1 there shall be added “of lawnmower”;
ii
for the words in item 1.5 there shall be substituted “Identification of the series”; and
iii
after item 1.5 there shall be added the following: —
1.6 Name of manufacturer of motor
1.7 Type of motor
1.8 The maximum speed of rotation of motor during the test rpm
;
d
in Schedule 3 —
i
for the words in item 4. there shall be substituted “Identification of the series”; and
ii
after item 4. there shall be added the following: —
5
Motor:
manufacturer
type
speed of rotation during the test rpm
; and
e
in Schedule 4, below the form of model for EEC mark there shall be added the following: —
All the dimensions shown above may be multiplied, for example by ½, ⅓, 2, 3, 4 etc. , and a tolerance of 20% shall be allowed on all the dimensions.
.
Giles Shaw
Minister of State for Industry,
Department of Trade and Industry
12th May 1987


text:
Citation and commencement
1
This Order may be cited as the Central Regional Council (Strathyre Borehole, Strathyre) Water Order 1987 and shall come into force on 9th October 1987.
Interpretation
2
In this Order —
“ the Act ” means the Water (Scotland) Act 1980;
“approved” means approved by the Secretary of State;
“the Council” means the Central Regional Council as water authority;
“day” means a period of 24 hours reckoned from midnight;
“deposited plan” means the plan prepared in duplicate, docqueted and signed as relative to this Order and marked “The Central Regional Council (Strathyre Borehole, Strathyre) Water Order 1987 Plan and Section of Works”, one copy of which is deposited in the Scottish Office, New St Andrew’s House, Edinburgh and the other in the office of the Chief Executive of the Council at Stirling;
“gauge” includes a gauge weir or other apparatus for measuring the flow of water;
“undertaking” means the water undertaking for the time being of the Council;
“works” means the works described in Schedule 1 to this Order which the Council, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plan, propose to construct and maintain for the purpose of providing a supply of water within their limits of supply when they have acquired the necessary land or sufficient rights therein.
Incorporation and application of provisions of Schedule 4 to the Act
3
The provisions of section 2 of Part II and section 10(3) of Part III of Schedule 4 to the Act as modified and adapted in terms of section 29(1) of the Act and as set out in Schedule 2 to this Order apply to the undertaking in so far as affected by the provisions of this Order.
Water rights
4
Subject to the provisions of this Order, the Council may, for the purposes of the undertaking and by means of the borehole (part of Work No. 1) and the pump (Work No. 2), take water from an underground aquifer of undetermined extent in the Stirling District in the Central Region.
5
1
During the construction and alteration of the works the Council may take from the said aquifer such water as they may require for such construction and alteration.
2
After the completion of the works the Council shall not in any day take from the said aquifer a quantity of water greater than 150 cubic metres as measured through an approved gauge (part of Work No. 3).
6
If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order comes into force the said power shall cease.
Miscellaneous
7
The Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and a copy of the deposited plan.
Alasdair Paton
Deputy Chief Engineer,Scottish Office
New St. Andrew’s House,
Edinburgh
2nd October 1987


text:
1
The length of the Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of West Yorkshire that the new trunk road is open for through traffic.
2
In this Order:
1
all measurements of distance are measured along the route of the relevant highway.
2
i
“classified road”
as a classification for a highway means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as a principal road;
ii
“the deposited plan”
means the plan folio numbered HA 10-YH98 marked “The (A65) Liverpool — Preston — Leeds Trunk Road (Heathness Gill to Lumb Gill Lane) (Detrunking) Order 1987”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk road”
means the highway to be provided in pursuance of the (A65) Liverpool — Preston — Leeds Trunk Road (Addingham Bypass) Order 1987 ; and
iv
“the Trunk Road”
means the Liverpool — Preston — Leeds Trunk Road (A65)
3
This Order shall come into force on the 28th August 1987 and may be cited as the (A65) Liverpool — Preston — Leeds Trunk Road (Heathness Gill to Lumb Gill Lane) (Detrunking) Order 1987.
Signed by authority of the Secretary of State
J. F. Ballard
Regional Director Yorkshire and Humberside Region
Department of Transport
23rd July 1987


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
In this Order —
i
“the deposited plan”
means the plan numbered HA10/2 — /209, marked “The (A19) East of Snaith-Sunderland Trunk Road (A19/A1290 Downhill Junction and 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 SW1 3PY;
ii
“the new trunk roads”
means the highways mentioned in article 1 of this Order and “a new trunk road” means one of those highways; and
iii
“the Trunk Road”
means the East of Snaith-Sunderland Trunk Road (Al9).
4
This Order shall come into force on 17th December 1987 and may be cited as the (A19) East of Snaith-Sunderland Trunk Road (A19/A1290 Downhill Junction and Slip Roads) Order 1987.
Signed by authority of the Secretary of State
J. A. Owen
Regional Director Northern Region
Department of Transport
8th December 1987


text:
1
This Order may be cited as the Northern Ireland (Emergency Provisions) Act 1978 (Continuance) Order 1987 and shall come into force on 25th January 1987.
2
In this Order “the temporary provisions of the Act of 1978 ” means all the provisions of the Northern Ireland (Emergency Provisions) Act 1978, except sections 5 and 28 to 36, Part III of Schedule 4, Schedules 5 and 6 and, so far as they relate to offences which are scheduled offences by virtue of the said Part III, sections 2, 6 and 7.
3
The temporary provisions of the Act of 1978, except section 12 and
Schedule 1, shall continue in force for a period of six months beginning with 25th January 1987.
Tom King
One of Her Majesty’s Principal Secretaries of State, Northern Ireland Office
14th January 1987


text:
1
These Regulations may be cited as the Returning Officers' Expenses Regulations 1987 and shall come into force on 20th May 1987.
2
The maximum charges to which a returning officer at a parliamentary election in England, Wales and Scotland shall be entitled are:–
a
in respect of services rendered by him, the amounts specified in Part A of the Schedule to these Regulations; and
b
in respect of expenses incurred by him, the amounts specified in Part B of the said Schedule.
3
The Returning Officers' Expenses (England and Wales) Regulations 1984 and the Returning Officers' Expenses (Scotland) Regulations 1984 are hereby revoked.
Mark Lennox-Boyd
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
13th May 1987