text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No. 2) Regulations 1987 and shall come into force on 1st April 1987.
2
For PART V of the Value Added Tax (General) Regulations 1985 there shall be substituted the following —
PART V
INPUT TAX AND PARTIAL EXEMPTION
Interpretation and longer periods
29
1
In this Part of these Regulations —
a
“exempt input tax” means input tax which is attributable wholly or partly to an exempt supply;
b
the “first tax year” of a taxable person means a period of 12 calendar months commencing on the 1st day of April, May or June, according to the prescribed accounting periods allocated to him, or on such other date as the Commissioners may approve or direct, next following his effective date of registration determined in accordance with Schedule 1 to the Act;
c
the “tax year” of a taxable person means any period of 12 calendar months commencing on the day following the end of his first tax year or any succeeding period of 12 calendar months;
d
the “registration period” of a taxable person means the period commencing on his effective date of registration determined in accordance with Schedule 1 to the Act and ending on the day before the beginning of his first tax year.
2
The provisions of paragraphs (3), (4), (5) and (6) of this regulation shall be used for determining the longer period applicable to taxable persons under this Part.
3
A taxable person who incurs exempt input tax during his first or any other tax year shall have applied to him a longer period which shall correspond with that tax year unless he did not incur exempt input tax during his immediately preceding tax year or registration period, in which case his longer period shall —
a
begin on the first day of the first prescribed accounting period in which he incurs exempt input tax; and
b
end on the last day of his tax year,
except where he only incurs exempt input tax in the last prescribed accounting period of his tax year, in which case no longer period shall be applied to him in respect of that tax year.
4
A taxable person who incurs exempt input tax during his registration period shall have applied to him a longer period which shall begin on the first day on which he incurs exempt input tax, and end on the day before the commencement of his first tax year.
5
In the case of a taxable person ceasing to be taxable during a longer period applicable to him, that longer period shall end on the day when he ceases to be taxable.
6
The Commissioners may approve different provisions for different circumstances and in particular may approve, in the case of a taxable person who incurs exempt input tax, or a class of such persons, that a longer period shall apply which need not correspond with a tax year.
Attribution of input tax to taxable supplies
30
1
Subject to paragraphs (2), (3), (4) and (5) of this regulation, the amount of input tax to be provisionally attributed to taxable supplies by a taxable person shall be determined in any prescribed accounting period by the following method:
a
importations by and supplies to the taxable person in the period shall be identified;
b
the input tax on such importations and supplies as are wholly used or to be used by him in making taxable supplies may be deducted;
c
the input tax on such importations and supplies as are wholly used or to be used by him in making exempt supplies or in carrying on any activity other than the making of taxable supplies may not be deducted;
d
the deductible proportion of any remaining input tax shall be provisionally calculated as follows:
i
importations by and supplies to the taxable person in the period which are partly used or to be used by him in making taxable supplies shall be identified;
ii
the extent to which the above importations and supplies are used or to be used by him in making taxable supplies shall be ascertained, and expressed as a proportion of the whole use made or to be made by him of such importations and supplies;
iii
there may be deducted such proportion of the remaining input tax as corresponds with the proportion ascertained above.
2
The Commissioners may in the case of a taxable person who incurs exempt input tax allow that paragraph (1)(d) of this regulation shall not apply, in which case the deductible proportion of any remaining input tax may be provisionally calculated as follows:
Subject to paragraph (3) of this regulation, there may be deducted such proportion of any remaining input tax as bears the same ratio to the total remaining input tax of the taxable person as the value of taxable supplies by him bears to the value of all supplies by him.
3
In calculating the proportion under paragraph (2) of this regulation there shall be excluded:
a
any sum receivable by the taxable person in respect of any supply of capital goods used by him for the purposes of his business;
b
any sum receivable by the taxable person which is incidental to one or more of his business activities and which is in respect of —
i
any supply comprised in Groups 1 or 5 of Schedule 6 to the Act;
ii
any supply comprised in item 1 of Group 8 or item 1 of Group 8A of Schedule 5 to the Act;
iii
any supply of financial services comprised in items 5 or 6 of Group 9 of Schedule 5 to the Act;
c
that part of the value of any supply of goods on which output tax is not chargeable by virtue of any order made by the Treasury under section 14(10) of the Act unless the taxable person acquired or imported the goods for the purpose of selling them.
4
Where the Commissioners consider it necessary in order to secure a fair and reasonable attribution of input tax to taxable supplies, they may, in the case of any taxable person or class of such persons, direct the manner in which the extent of use of importations and supplies is to be ascertained under paragraph (1)(d) of this regulation.
5
The Commissioners may allow the use of a method other than that specified in this regulation.
Attribution of input tax to foreign and warehouse supplies
30A
Input tax incurred by a taxable person in any prescribed accounting period on importations by or supplies to him which are used or to be used by him in whole or in part in making —
a
supplies outside the United Kingdom which would be taxable supplies if made in the United Kingdom, or
b
supplies which section 35 of the Act provides are to be disregarded for the purposes of the Act and which would otherwise be taxable supplies,
may be attributed to taxable supplies to the extent that the importations or supplies are so used or to be used.
Treatment of input tax attributable to exempt supplies as being attributable to taxable supplies
31
1
Subject to paragraph (2) of this regulation, there shall be treated as attributable to taxable supplies any input tax attributable to exempt supplies of the following descriptions —
a
any deposit of money;
b
the granting of any lease or tenancy of or any licence to occupy any premises where in any longer period —
i
the input tax attributable to all such supplies by the grantor is less than £1,000; and
ii
no exempt input tax is incurred by the grantor in respect of any exempt supply other than a supply of a description specified in this regulation;
c
any services comprised in item 3 of Group 2 of Schedule 6 to the Act;
d
services of arranging —
i
any mortgage;
ii
any hire purchase, credit sale, or conditional sale transaction;
e
the assignment of any debt due to the assignor in respect of a supply of goods or a supply of services by him.
2
This regulation shall not apply in the case of a taxable person who carries on the business of, or a business similar to, any of the following:
a
a bank or licensed deposit taker;
b
an accepting house;
c
an insurance company, agent or broker;
d
an investment trust or unit trust;
e
an investment company;
f
a Stock Exchange broker/dealer or share dealing company;
g
a trustee of a pension fund;
h
a unit trust management company;
i
a building society;
j
a discount house;
k
a finance house;
l
a friendly society;
m
a money lender or money broker;
n
a mortgage broker;
o
a pawnbroker;
p
a debt factor;
q
a credit or charge card company.
32
1
Where in any prescribed accounting period or in any longer period the exempt input tax of a taxable person amounts to less than any of the following —
a
£100 per month on average; or
b
both £250 per month on average and 50% of all his input tax; or
c
both £500 per month on average and 25% of all his input tax
all such input tax in that period shall be treated as attributable to taxable supplies.
2
In the application of this regulation to a longer period any treatment of exempt input tax as attributable to taxable supplies in any prescribed accounting period shall be disregarded.
Adjustment of attribution
33
1
Where a taxable person to whom a longer period is applicable has provisionally attributed an amount of input tax to taxable supplies in accordance with a method, and where all his exempt input tax in that longer period cannot be treated as attributable to taxable supplies under regulation 32, and save as the Commissioners may dispense with the following requirement to adjust, he shall:
a
determine for the longer period the amount of input tax which is attributable to taxable supplies according to the method used in the prescribed accounting periods; and
b
ascertain whether there has been, overall, an over-deduction or an under-deduction of input tax, having regard to the above-mentioned determination and to the sum of the amounts of input tax, if any, which were deducted in the returns for the prescribed accounting periods; and
c
include any such amount of over-deduction or under-deduction in a return for the first prescribed accounting period next following the longer period, except where the Commissioners allow another return to be used for this purpose.
2
Where a taxable person to whom a longer period is applicable has provisionally attributed an amount of input tax to taxable supplies in accordance with a method, and where all his exempt input tax in that longer period can be treated as applicable to taxable supplies under regulation 32, he shall:
a
calculate the difference between the total amount of his input tax for that longer period and the sum of the amounts of input tax deducted in the returns for the prescribed accounting periods; and
b
include any such amount of under-deduction in a return for the first prescribed accounting period next following the longer period, except where the Commissioners allow another return to be used for this purpose.
34
1
This regulation applies where —
a
a taxable person has been credited with an amount of input tax in respect of any importation or supply which has been attributed to an intended taxable supply; and
b
during a period of 6 years commencing on the first day of the prescribed accounting period in which the attribution was determined, he uses or appropriates for use any such importation or supply in making an exempt supply or in carrying on an activity other than the making of taxable supplies before the intended taxable supply is made.
2
Save as the Commissioners otherwise allow, where this regulation applies the taxable person shall on the return next following the date on which the use or appropriation for use occurs account for such proportion of the input tax credited as is attributable to the exempt supply or other activity in accordance with the method which he was required to use when the input tax was credited, and he shall repay the said proportion of input tax to the Commissioners.
3
For the purposes of this regulation any question as to the nature of any supply shall be determined in accordance with the provisions of the Act and any Regulations made thereunder in force at the time when the input tax was first attributed.
35
1
This regulation applies where —
a
a taxable person has incurred input tax in respect of any importation or supply which has been attributed to an intended exempt supply or to his carrying on an activity other than the making of taxable supplies; and
b
during a period of 6 years commencing on the first day of the prescribed accounting period in which the attribution was determined, he uses or appropriates for use any such importation or supply in making a taxable supply before the intended exempt supply is made or the intended activity is carried on.
2
Where this regulation applies, the Commissioners shall on receipt of an application made by the taxable person in such form and manner and containing such particulars as they may direct, pay to him a sum equal to the amount of input tax which is attributable to the taxable supply in accordance with the method which he was required to use when the input tax was first attributed.
3
For the purposes of this regulation any question as to the nature of any supply shall be determined in accordance with the provisions of the Act and any Regulations made thereunder in force at the time when the input tax was first attributed.
Termination and duration of use of a method
36
1
Save as the Commissioners may otherwise allow or direct and subject to paragraph (2) of this regulation a taxable person using any method shall use it for at least two tax years.
2
The Commissioners may at any time notify a taxable person that the use of any method allowed under regulation 30(5) is terminated, or any allowance given under regulation 30(2) is withdrawn, from such future date as may be specified in the notice.
Exceptional claims for tax relief
37
1
Subject to paragraphs (2) and (4) of this regulation, on a claim made in accordance with paragraph (3) of this regulation, the Commissioners may authorise a taxable person to treat as if it were input tax —
a
tax on the supply of goods or services to the taxable person before the date with effect from which he was, or was required to be, registered, or paid by him on imported goods before that date, for the purpose of a business which either was carried on or was to be carried on by him at the time of such supply or payment; and
b
in the case of a body corporate, tax on the supply or importation of goods acquired for it before its incorporation, or on the supply of services before that time for its benefit or in connection with its incorporation, provided that the person to whom the supply was made or who paid tax on the importation —
i
became a member, officer or employee of the body and was reimbursed, or has received an undertaking to be reimbursed, by the body for the whole amount of the price paid for the goods or services,
ii
was not at the time of the supply or importation a taxable person, and
iii
acquired the goods or services for the purpose of a business to be carried on by the body and has not used them for any purpose other than such business.
2
No tax may be treated as input tax under paragraph (1) of this regulation —
a
in respect of goods or services which had been supplied, or, in respect of goods, save as the Commissioners may otherwise allow, consumed —
i
by the taxable person, or
ii
in the case of paragraph (1)(b) of this regulation, by the person who acquired the goods or services, before the date with effect from which the taxable person was, or was required to be, registered; or
b
in respect of services performed upon goods to which sub-paragraph (a) above applies; or
c
in respect of services which had been supplied —
i
to the taxable person, or
ii
in the case of paragraph (1)(b) of this regulation, to the person who acquired the services, more than 6 months before the date of the taxable person’s registration; or
d
otherwise than is prescribed in this Part of these Regulations.
3
A claim under paragraph (1) of this Regulation shall, save as the Commis-sioners may otherwise allow, be made on the first return the taxable person furnishes pursuant to regulation 58(1) and, as the Commissioners may require, be supported by invoices and other evidence.
4
A taxable person making a claim under paragraph (1) of this regulation shall compile and preserve for such period as the Commissioners may require —
a
in respect of goods, a stock account showing separately quantities purchased, quantities used in the making of other goods, date of purchase and date and manner of subsequent disposals of both such quantities; and
b
in respect of services, a list showing their description, date of purchase and date of disposal, if any.
5
If a person who has been, but is no longer, a taxable person makes a claim in such manner and supported by such evidence as the Commissioners may require, they may pay to him the amount of any tax on the supply of services to him after the date with effect from which he ceased to be or to be required to be registered and which was attributable to any taxable supply made by him in the course or furtherance of any business carried on by him when he was or was required to be registered.
Peter Jefferson Smith
Commissioner of Customs and Excise King’s Beam House, Mark Lane, London EC3R 7HE
24th March 1987


type: legislation

jurisdiction: UK

text:
Title, commencement, duration and interpretation
1
1
This Order may be cited as the Cod (Specified Sea Areas) (Prohibition of Fishing) Order 1987, shall come into force on 19th December 1987 and shall cease to have effect on 1st January 1988.
2
In this Order —
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea or the area known as CECAF Division 34.1.1( EC Zone) described in the Schedule hereto;
“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.
Prohibition
2
1
Subject to paragraph (2) below, fishing for cod (Gadus morhua) —
a
within any part of a sea area by any British fishing boat registered in the United Kingdom or the Isle of Man; or
b
within any part of a sea area which lies inside British fishery limits by any other British fishing boat,
is prohibited.
2
The prohibition in paragraph (1)(a) above shall not apply to fishing within that part of the sea area ICES IIa (Norwegian Sea) which lies outside British fishery limits.
Powers of British sea-fishery officers in relation to fishing boats
3
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;
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 5(1) or (6) of the Sea Fish (Conservation) Act 1967 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; and
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 a contravention of this Order has at any time taken place 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.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th December 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
17th December 1987
Peter Walker
Secretary of State for Wales
17th December 1987
Tom King
Secretary of State for Northern Ireland
17th December 1987


text:
1
This Order may be cited as the Taking of Hostages (Anguilla) Order 1987 and shall come into force on 17th April 1987.
2
The Taking of Hostages Act 1982 (Overseas Territories) Order 1982 is amended —
a
by the insertion of Anguilla in Schedule 2 thereto (territories to which sections 1, 2, 3 and 4 of the Taking of Hostages Act 1982, as modified and adapted in Schedule 1, extend);
b
by the deletion of Anguilla from Schedule 3 thereto (territories to which only sections 1 and 2 of the said Act, as modified and adapted in Schedule 1, extend).
3
The Extradition (Taking of Hostages) Order 1985 is amended by the insertion of Anguilla in Schedule 4 thereto (territories to which the Order extends).
G. I. de Deney
Clerk of the Privy Council


text:
1
The Secretary of State is authorised to construct the bridge specified in the Schedule to this Order as part of the new trunk road referred to in the Leicester–Great Yarmouth Trunk Road (A47) (Guyhirn Diversion) Order 1987 , in the manner shown in that Schedule.
2
In this Order–
1
all measurements of distance are measured along the route of the relevant highway; and
2
“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) (Guyhirn Diversion) (River Nene Bridge) Order 1987.
Signed by authority of the Secretary of State.
G. D. Crane
Regional Director, Eastern Region,
Department of Transport
23rd November 1987


text:
Citation and commencement
1
These regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) Amendment Regulations 1987 and shall come into force for the purposes of regulation 2(4) on 1st August 1987 and for all other purposes on 1st February 1987.
Amendment of regulations
2
1
Schedule 3A to the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 (drugs and other substances not to be prescribed for supply under pharmaceutical services) shall be amended in accordance with the following paragraphs of this regulation.
2
The following entries shall be omitted: —
Fenoprofen Tablets 200mg
Maalox Tablets
Maalox TC Tablets
Progesic Tablets 200 mg.
3
The following entries shall be inserted at the appropriate point in the alphabetical order: —
Actonorm Gel
Angiers Junior Paracetamol Tablets
Catarrh — Ex Tablets
Dextromethorphan Hydrobromide Solution 3.75 mg/5 ml
Dextromethorphan Hydrobromide Solution 7.5 mg/5 ml
Haliborange Tablets
Hot Blackcurrant Cold Remedy (Beechams)
Hot Lemon Cold Remedy (Beechams)
Librofem Tablets
Mentholatum Nasal Inhaler
Night Nurse Capsules
Panacron Nasal Spray
Paxidal Tablets
Resolve Granules
Robitussin Cough Soother
Robitussin Cough Soother Junior Formula
Robitussin Plus Liquid
Seclodin Capsules
Seven Seas Malt and Cod Liver Oil
Simeco Suspension
Simeco Tablets.
4
The following entry shall be inserted at the appropriate point in the alphabetical order: —
Normax Capsules.
Signal by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
6th January 1987


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (England) (No. 2) Amendment No. 3 Order 1987 and shall come into force on 25th May 1987.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) (England) (No. 2) Order 1986 is revoked to the extent that it imposes prohibitions on–
a
the slaughter of a sheep which–
i
was moved from a place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers; and
b
the supply or having in possession for supply of meat, or food containing meat, derived from such a sheep,and accordingly that Order is further amended in accordance with the following provisions of this Order.
3
In article 6, for paragraph (2) there shall be substituted the following paragraph–
2
Paragraph (1) above shall not apply in the case of–
a
any sheep which was moved to a market in accordance with a consent given under section 2(1) of the Act which consent did not require that the sheep to which it applies should be marked in a manner specified therein;
b
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; or
c
any sheep which–
i
was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a red mark or with an apricot mark; and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
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


text:
1
These Regulations may be cited as the Direct Grant Schools (Amendment) Regulations 1987 and shall come into force on 15th August 1987.
2
After regulation 17 of the Direct Grant Schools Regulations 1959 there shall be added the following regulation —
17A
Without prejudice to paragraph (3) of regulation 17 a person shall not be debarred from receiving education (whether by refusing him admission to the school, suspending his attendance or otherwise) by reason of the fact that section 47 of the Education ( No. 2) Act 1986 applies in relation to him, or if he were admitted might so apply.
.
3
In regulation 25 of the Direct Grant Schools Regulations 1959 after the number “15” there shall be added the number “17A”.
Kenneth Baker
Secretary of State for Education and Science
7th July 1987
Peter Walker
Secretary of State for Wales
7th July 1987


text:
1
This Order may be cited as the Foreign Compensation (Financial Provisions) (No.2) Order 1987 and shall come into force on 18th July 1987.
2
The Foreign Compensation Commission shall pay into the Consolidated Fund not later than 31st July 1987 out of the Union of Soviet Socialist Republics (Tsarist Assets) Fund the sum of £747,193 which is hereby determined to be the amount of the expenses of the Commission during the period 1st April 1986 to 31st March 1987 attributable to the discharge by the Commission of their functions in relation to the distribution of sums from that compensation fund.
G. I. de Deney
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Civil Aviation (Navigation Services Charges) (Second Amendment) Regulations 1987 and shall come into force on 1st April 1987.
2
The Civil Aviation (Navigation Services Charges) Regulations 1986 shall be further amended as follows —
1
In regulation 2(1), for the Table there shall be substituted the following new Table —
Table
Column 1 Column 2 Column 3
Heathrow-London For each metric tonne and each fraction of a metric tonne up to 100 metric tonnes £1.40 £1.18 For each additional metric tonne, and for each fraction of a metric tonne, over 100 tonnes £0.60 £0.49 Gatwick-London For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes £1.40 £1.18 For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes £0.60 £0.49 Stansted-London For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes £1.40 £1.18 For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes £0.60 £0.49 Aberdeen (Dyce) £3.85 £3.25 Edinburgh £3.85 £3.25 Glasgow £2.85 £2.40 Prestwick £3.85 £3.25
2
In regulation 5 for“a charge of sixty-eight pounds” there shall be substituted“a charge of seventy pounds”.
3
In regulation 6(1) for“a charge of eighty-five pounds” there shall be subsituted“a charge of one hundred and ten pounds”.
Signed by authority of the Secretary of State
Michael Spicer
Parliamentary Under Secretary of State,
Department of Transport
19th February 1987
We consent to the making of these Regulations,
Tim Sainsbury
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd February 1987


text:
1
For the purpose of connecting the motorway with another highway, so as to effect a junction at the place stated in the Schedule hereto, the Secretary of State is authorised to provide along the routes described in that Schedule special roads for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre lines of the special roads are indicated by heavy black lines on the deposited plan.
3
The special roads shall become trunk roads on the date when this Scheme comes into force.
4
In this Scheme —
i
“the motorway”
means the special road known as the M6 Catthorpe — Carlisle Motorway;
ii
“the deposited plan”
means the plan folio numbered HA 16/1 EC /43 marked “The M6 Motorway (Catthorpe Interchange) Connecting Roads Scheme 1987”, containing a key plan and one plan marked “Scheme Plan”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY;
iii
“the special roads”
means the special roads which the Secretary of State is authorised by this Scheme to provide.
5
This Scheme shall come into force on 5th February 1988 and may be cited as the M6 Motorway (Catthorpe Interchange) Connecting Roads Scheme 1987.
Signed by authority of the Secretary of State
P. M. Flewitt
Regional Director East Midlands Region
Department of Transport
30th December 1987


text:
1
The length of trunk road described in Schedule 1 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 Somerset 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 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 HA 10/2 — SWM14 marked “The London — Penzance Trunk Road A303 (Sparkford Bypass) (Detrunking) Order 1987,” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P3PY;
iii
“the new trunk road”
means the trunk road to be constructed by the Secretary of State in pursuance of the London — Penzance Trunk Road A303 (Sparkford Bypass) Order 1987; and
iv
“the Trunk Road”
means the London — Penzance Trunk Road (A303).
3
This Order shall come into force on 29th May 1987 and may be cited as the London — Penzance Trunk Road A303 (Sparkford Bypass) (Detrunking) Order 1987.
Signed by authority of the Secretary of State
E. M. Wedd
Regional Director South West Region
Department of Transport
28th April 1987


text:
PART I
PRELIMINARY
Citation
1
These Regulations may be cited as the Police (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 Police Pensions Regulations 1973 (hereinafter referred to as “the principal Regulations”).
2
Without prejudice to paragraph (1) —
a
in these Regulations —
i
“taxable allowances” includes all taxable allowances payable by virtue of regulations from time to time in force under section 33 of the Police Act 1964 or section 26 of the Police (Scotland) Act 1967 ;
ii
“total remuneration”, in relation to a member of a police force, means the sum of his pensionable pay and taxable allowances payable to him;
iii
notwithstanding Regulation 13(3) of the principal 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; and
b
in the case of a person who is totally disabled, Regulation 13(1) 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.
PART II
BENEFIT ON DISABLEMENT OR DEATH
Disablement gratuity
4
1
This Regulation shall apply to a person who —
a
receives or received an injury without his own default in the execution of his duty, whether before, on or after 25th November 1982; and
b
on or after that date ceases or has ceased to be a member of a police force; and
c
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.
2
Subject to the following provisions of these Regulations, the police authority for the force in which a person to whom this Regulation applies last served shall pay to him a gratuity of an amount equal to whichever is the lesser of the following amounts, namely —
a
five times the annual value of his pensionable pay on his last day of service as a member of a police force;
b
the sum of four times his total remuneration during the 12 months ending with his last day of service as a member of a police force and the amount of his aggregate pension contributions in respect of the relevant period of service.
Death gratuity
5
1
Subject to paragraph (2), this Regulation shall apply to a member of a police force who —
a
receives or received an injury without his own default in the execution of his duty, whether before, on or after 25th November 1982; and
b
was serving as such a member on or after that date; and
c
within 12 months of so receiving that injury dies or has died as a result thereof.
2
In the case of a person who had ceased to serve as a member of a police force before his death, this Regulation shall only apply to him if his death also occurred before any decision by a duly qualified medical practitioner under Regulation 71 of the principal Regulations that he was totally and permanently disabled as a result of that injury.
3
Subject to the following provisions of these Regulations, where a member to whom this Regulation applies —
a
leaves a widow (unless, by reason of Regulation 33(2) or 34 of the principal Regulations, she would not qualify for a special award under Regulation 28 thereof); or
b
does not leave any such widow, but leaves a child (unless, by reason of Regulation 42 of the principal Regulations, that child would not qualify for a special allowance under Regulation 38 thereof); or
c
does not leave any such widow or child, but leaves a dependent relative to whom a special pension may be paid under Regulation 36 of the principal Regulations,
the police authority shall pay to his widow or, as the case may be, to the child or dependent relative a gratuity of an amount equal to whichever is the lesser of the following amounts, namely —
i
five times the annual value of his pensionable pay on his death or, if earlier, on his last day of service as a member of a police force;
ii
the sum of four times his total remuneration during the 12 months ending with his death, or, if earlier, with his last day of service as a member of a police force and the amount of his aggregate pension contributions in respect of the relevant period of service.
4
Where a member of a police force to whom this Regulation applies leaves two or more children or two or more dependent relatives, then the amount of the gratuity so payable shall be divided by the police authority among the children or dependent relatives (as the case may be) in their discretion.
PART III
GENERAL
Gratuities paid in anticipation
6
Where, before 17th March 1987, a police authority pays to any person a gratuity in respect of the death or disablement of a member of a police force as the result of an injury received by him in the execution of his duty, and the gratuity is at any time thereafter certified by the police authority as having been so paid in anticipation of the coming into force of these Regulations —
a
nothing in these Regulations shall entitle that person to any further payment in respect of the death or disablement of the member in question; and
b
for the purposes of these Regulations, the gratuity shall be treated as if it were a gratuity paid to that person under these Regulations.
Abatement in respect of gratuities payable under the principal Regulations
7
1
The amount of any gratuity payable to a member of a police force under Regulation 4 shall be reduced by deducting therefrom the amount of any gratuity paid to him under Regulation 20(4), 21(4) or 22 of the principal Regulations.
2
The amount of any gratuity payable to any person under Regulation 5 in respect of the death of a member of a police force shall be reduced by deducting therefrom —
a
the amount of any gratuities paid to the member or his estate under Regulation 20(4), 21(4), 22 or 43 of the principal Regulations;
b
in the case of a widow, where a gratuity under Regulation 28(2) of the principal Regulations is payable to her or her estate —
i
unless sub-paragraph (ii) below applies, the amount of the gratuity;
ii
where the said amount falls to be calculated in accordance with Regulation 29(3) of the principal Regulations, an amount equal to the amount of the gratuity which would be payable to her or her estate under the said Regulation 28(2) if —
A
the said Regulation 29 had not applied;
B
the husband had died while serving as a member of a police force (whether or not he was in fact so serving when he died); and
C
the husband’s average pensionable pay was greater than 2¼ times the annual amount of the ill-health pension which would have been payable under Regulation 20 of the principal Regulations to the husband if he had retired on the grounds of permanent disability on the day on which he had diefÀ(whether or not it was in fact greater); and
c
in the case of any other person, the amount of any gratuity paid to that person or his estate in respect of the death of that member under Regulation 39 or Regulation 43 of the principal Regulations.
3
In any case where, by reason of Regulation 5(4) a payment in respect of the death of a member of a police force falls to be divided among two or more persons, that payment shall, before it is so divided, be reduced by deducting therefrom the amount of any gratuities paid as mentioned in paragraph (2).
Abatement in respect of damages or compensation
8
1
The police authority shall take into account against any gratuity payable under these Regulations any damages or compensation which are recovered by any person in respect of the death or disability to which the gratuity relates and the gratuity may be withheld or reduced accordingly.
2
For the purposes of this Regulation —
a
a person shall be deemed to have recovered damages —
i
whether they are paid in pursuance of a judgment or order of the court or by way of settlement or compromise of his claim and whether or not proceedings are instituted to enforce the claim; or
ii
if they are recovered for that person’s benefit in respect of a claim under the Fatal Accidents Act 1976 ;
b
“compensation” does not include an award of compensation made to a person by the Criminal Injuries Compensation Board if the amount of the award was reduced by the amount of any gratuity paid or payable to him under these Regulations.
3
Without prejudice to paragraph (1), where any payment in respect of a gratuity under these Regulations is made to a person and that person subsequently recovers any damages or compensation in respect of the death or disability to which the gratuity relates, the police authority shall be entitled to recover from that person an amount not exceeding —
a
where the amount of the payment made by the police authority is less than the net amount of the damages or compensation, the amount of that payment;
b
where the amount of that payment is not less than the net amount of the damages or compensation, an amount equal to the net amount of the damages or compensation.
4
So far as any amount recoverable under this Regulation represents a payment made by the police authority from which income tax has been deducted before the payment, the proper allowance shall be made in respect of the amount so deducted; and, in this Regulation, “the net amount”, in relation to damages or compensation recovered by any person, means the amount of the damages or compensation after deducting tax payable in the United Kingdom or elsewhere to which the damages or compensation are subject.
5
No proceedings shall be brought to recover any amount paid in respect of a gratuity under this Regulation —
a
after the death of the person to whom the payment was made, or
b
after the expiration of 2 years from the date on which the final determination of the amount of the damages or compensation first came to the knowledge of the police authority.
Admissibility of certificates in evidence
9
A certificate issued by a police authority —
a
certifying that a gratuity has been paid as mentioned in Regulation 6; or
b
stating the date on which the final determination of a right to and the amount of any damages or compensation first came to its knowledge,
shall be received in evidence in any proceedings, and the said gratuity shall be deemed to have been so paid or, as the case may be, the said date shall be deemed to be the date so stated until the contrary is proved.
Application of principal Regulations
10
1
Without prejudice to Regulation 3(2), and subject to the preceding provisions of these Regulations, the principal Regulations shall apply, subject to the necessary modifications, in relation to awards under these Regulations as they would apply in the circumstances of the case to the corresponding award under those Regulations.
2
For the purposes of this Regulation, “the corresponding award” means —
a
in relation to a gratuity payable under Regulation 4, a gratuity payable under Regulation 22 of the principal Regulations;
b
in relation to a gratuity payable under Regulation 5 —
i
in the case of a widow, a gratuity payable under Regulation 28 of those Regulations;
ii
in the case of a child, a gratuity payable under Regulation 39 of those Regulations;
iii
in the case of a dependent relative, a gratuity payable under Regulation 43 of those Regulations.
3
Without prejudice to the foregoing, Part VIII of the principal Regulations (determination of questio`s) shall apply for the purposes of determining eligibility for awards under these Regulations as it applies to the determination of questions under those Regulations, and as if the questions to be referred by the police authority to a duly qualified medical practitioner under Regulation 71(2) of those Regulations were the following —
a
whether the person concerned is totally disabled;
b
whether that total disablement is likely to be permanent;
c
whether the disablement is the result of an injury received in the execution of duty; and
d
the date on which the person became totally disabled.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
2nd February 1987
We consent
Mark Lennox-Boyd
Tim Sainsbury
Two of the Lords Commissioners of Her Majesty’s Treasury
4th February 1987


text:
1
This Order may be cited as the Carriage of Passengers and their Luggage by Sea (United Kingdom Carriers) Order 1987 and shall come into force on 1st June 1987.
2
In relation to any carrier whose principal place of business is in the United Kingdom, paragraph 1 of Article 7 to the Convention Relating to the Carriage of Passengers and their Luggage by Sea, set out in Part I of Schedule 3 to the Merchant Shipping Act 1979, (including that paragraph as applied to domestic carriage by the Carriage of Passengers and their Luggage by Sea (Domestic Carriage) Order 1987 ) shall have effect as if for the limit of 700,000 francs there specified there were substituted a limit of 1,525,000 francs.
3
The Merchant Shipping (Sterling Equivalents) (Various Enactments) Order 1986 is hereby amended by substituting, in the table in article 3, the following entry for the entry for Article 7, paragraph 1: —
Article 7, paragraph 1 (for carriers other than UK carriers) 700,000 £38,173.40
Article 7, paragraph 1 (for UK carriers) 1,525,000 £80,009.00.
Signed by the authority of the Secretary of State
Michael Spicer
Parliamentary Under Secretary of State,
Department of Transport
28th April 1987


text:
Citation and commencement
1
1
This Order may be cited as the Anglian Water Authority (Moor Farm Heighington) Order 1987 and shall come into force on 10th September 1987.
2
The Anglian Water Authority Act and Orders 1974 to 1986 and this Order may be cited together as the Anglian Water Authority Acts and Orders 1974 to 1987.
Interpretation
2
In this Order —
“the Authority” means the Anglian Water Authority;
“the Third Schedule” means the Third Schedule to the Water Act 1945;
“the undertaking” means the water undertaking of the Authority as for the time being authorised by any enactment;
“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 Anglian Water Authority (Moor Farm Heighington) Order 1987”, one duplicate of which is deposited and is available for inspection at the offices of the Authority’s Lincoln Division at Waterside House, Waterside North, Lincoln LN2 5HA and the other at the offices of the Secretary of State for the Environment.
Application of Third Schedule
3
For the purposes of this Order the provisions of the Third Schedule which are set out in column (1) of Schedule 1 to this Order shall, subject to the modifications set out in column (2) thereof, apply to the undertaking and are hereby incorporated with this Order.
Power to construct and maintain works
4
The Authority may, when they have acquired the necessary lands or sufficient rights or interests therein, continue, construct and maintain as appropriate the following works —
a
on or under the land described in Schedule 2 to this Order two boreholes together with a pumping station;
b
on or under that land (in addition to the works authorised by section 4 of the Third Schedule, as applied to the undertaking by this Order) all such additional boreholes, headworks and other works as may be necessary or expedient for augmenting or improving the supply of water obtainable by means of the said boreholes.
Works to form part of undertaking
5
The works authorised by this Order shall for all purposes form part of the undertaking.


text:
Citation, interpretation and commencement
1
1
This Order, which may be cited as the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Amendment Order 1987, amends the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Order 1984 (hereinafter referred to as “the principal Order”) and shall come into force on 1st June 1987.
2
In this Order, unless the context otherwise requires, a reference to inserting an entry in a column in a Table of a Schedule to the principal Order shall be construed, in the case of an entry to be inserted in column 1, as a reference to inserting that entry at the appropriate point in the alphabetical order of the entries in column 1 of that Table and, in the case of an entry to be inserted, as the case may be, in column 2 or 3, as a reference to inserting that entry so as to appear against the column 1 entry against which it is listed in this Order.
Amendment of Schedule 1 to the principal Order
2
1
Schedule 1 to the principal Order (which specifies the class of medicinal products, other than products the subject of a product licence of right, on general sale by virtue of article 2(a) of the principal Order), is amended in accordance with the following paragraphs of this article.
2
In Table A (internal or external use) —
a
there are inserted in column 1 and, as the case may be, columns 2 and 3, those entries set out in columns 1, 2 and 3 respectively of Schedule 1 to this Order, and
b
for the entries in columns 1, 2 and 3 relating to the substances “Aloxiprin” and “Aspirin” there are respectively substituted the entries set out in Schedule 2 to this Order.
3
In Table B (external use only) —
a
there are inserted in column 1 and, as the case may be, column 2, those entries set out in columns 1 and 2 respectively of Schedule 3 to this Order, and
b
there are deleted from column 1 the entries “Dichloroxylenol” and “Sassafras Oil” and from column 2 the entries relating to those substances.
Amendment of Schedule 2 to the principal Order
3
1
Schedule 2 to the principal Order (which specifies the class of medicinal products, the subject of a product licence of right, on general sale by virtue of article 2(b) of the principal Order), is amended in accordance with the following paragraphs of this article.
2
In Table A (internal or external use) —
a
for the entries in columns 1, 2 and 3 relating to the substances “Aloxiprin” and “Aspirin” there are respectively substituted the entries set out in Schedule 4 to this Order, and
b
there are deleted from column 1 the entries “Birthwort”, “Inositol Nicotinate”, “Sassafras” and “Serpentary”.
3
In Table B (external use only) there are deleted from column 1 the entries “Safrole” and “Sassafras Oil”.
Amendment of Schedule 3 to the principal Order
4
In Schedule 3 to the principal Order (which specifies classes of medicinal products which are not on the general sale list), the word “or” is deleted from paragraph (e) and is inserted at the end of paragraph (f) and after paragraph (f) there is inserted, “(g) for administration wholly or mainly to children being a preparation of Aloxiprin or Aspirin”.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
14th May 1987
Nicholas Edwards
Secretary of State for Wales
14th May 1987
Glenarthur
Minister of State for Scotland
14th May 1987
In witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Michael Jopling
Minister of Agriculture, Fisheries and Food
14th May 1987.
Sealed with the official seal of the Department of Health and Social Services for Northern Ireland this
Maurice N. Hayes
Permanent Secretary
14th day of May 1987.
Sealed with the official seal of the Department of Agriculture for Northern Ireland this
W.H. Jack
Permanent Secretary
14th day of May 1987.


text:
1
This Order may be cited as the A13 Trunk Road (Ripple Road, Barking and Dagenham) (Prohibition of Use of Gaps in Central Reservation) Order 1987 and shall come into force on 10th January 1987.
2
In this Order —
“Ripple Road” means that length of the London Tilbury Trunk Road (A13) in the London Borough of Barking and Dagenham known as Ripple Road;
“central reservation” means that part of Ripple Road which separates the two carriageways of Ripple Road for the safety and guidance of vehiclesusing that road.
3
Save as provided in article 4 of this Order —
1
no person shall cause or permit any vehicle to enter or proceed through the gap in the central reservation which lies opposite Pooles Lane, otherwise than from the eastbound carriageway; and
2
no person shall cause or permit any vehicle to enter or proceed through the gap in the central reservation which lies opposite Morrison Road, otherwise than from the eastbound carriageway.
4
Nothing in this Order shall apply to any vehicle being used for fire brigade, police or ambulance purposes, or to anything done with the permission or at the direction of a police constable in uniform.
Signed by authority of the Secretary of State.
John Dawson
An Assistant Chief Engineer in the
Department of Transport
5th January 1987


text:
1
This Order may be cited as the Customs Duties ( ECSC ) Order 1987 and shall come into force on 1st January 1988.
2
This Order shall apply to goods covered by the ECSC Treaty included, for information purposes, in the Schedule of customs duties to the Combined Nomenclature, (hereinafter called “the Combined Nomenclature Schedule”), forming part of the common customs tariff of the European Economic Community .
3
1
The nomenclature for the goods to which this Order applies shall be that set out in the Combined Nomenclature Schedule where the goods are of a description followed by the letters “ECSC” in column 2 in relation to any heading or subheading of Chapter 26, 27, 72 or 73 of the Combined Nomenclature Schedule and shall with the footnotes thereto be used in classifying such goods for the purposes of duties charged under this Order.
2
The nomenclature so set out shall be interpreted and applied in accordance with Rules 1 — 6 in Part A of the General Rules preceding the Combined Nomenclature Schedule.
3
The Rules in Part C of the said general Rules shall be applied both to the said nomenclature and to the customs duties charged under this Order.
4
1
Where in relation to any goods which are of a heading or subheading of Chapter 26, 27, 72 or 73 of the Combined Nomenclature Schedule and are of a description referred to in Article 3(1) hereto a rate of customs duty is shown in column 4 of the Combined Nomenclature Schedule and the duty does not solely relate to goods imported into another member State of the European Communities, then, on the importation into the United Kingdom of goods classified in that heading or subheading, other than goods imported from another member State which originate in or are in free circulation in that State, there shall be charged a duty of customs at the rate so shown, unless the goods are exempt from duty by virtue of the provisions of article 5 or 6 below.
2
Paragraph (1) above shall not apply in relation to any goods on which any customs duty is charged by the Customs Duties (Spain and Portugal) Order 1987 .
3
Any question under this article whether goods at any time originate in or are in free circulation in a member State shall be determined in accordance with the Treaties.
5
No customs duty shall be charged on goods to which this Order applies intended for incorporation in the ships, boats or other vessels listed in Part A of the Special Provisions preceding the Combined Nomenclature Schedule for the purpose of their construction, repair, maintenance or conversion, or intended for fitting to or equipping such ships, boats or other vessels.
6
1
No customs duty shall be charged in the case of goods to which this Order applies originating in a country named in Part I or II of Schedule 1 hereto.
2
For the purposes of this article goods shall be regarded as originating in any such country —
a
named in Part I if they are regarded as originating in that country by applying the provisions of the Protocol to the Agreements;
b
named in Part II if they are regarded as originating in that country by virtue of the application of the provisions relating to origin of goods in Council and Commission Decision No. 86/125/ EEC , ECSC or Council Decision 86/283/EEC .
3
In this article —
i
“country” includes territory and references to a country include references to any area consisting of two or more countries;
ii
“the Agreements” means the Agreements made between the European Economic Community and the countries specified in column 1 of Schedule 2 hereto and signed on the dates specified in column 2.
7
Any reference to a rate of duty expressed as a percentage is a reference to that percentage of the value of the goods.
8
The Customs Duties (ECSC) (No. 2) Order 1985 is hereby revoked.
Michael Neubert
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
17th December 1987


text:
1
This Order may be cited as the Income Tax (Cash Equivalents of Car Benefits) Order 1987 and shall come into force on 6th April 1988.
2
In Part I of Schedule 7 to the Finance Act 1976 (Tables of flat rate cash equivalents) for Tables A, B and C there shall be substituted the following Tables —
Table A
CARS WITH ORIGINAL MARKET VALUE UP TO £19,250 AND HAVING A CYLINDER CAPACITY
Cylinder capacity of car in cubic centimetres Age of car at end of relevant year of assessment Under 4 years 4 years or more
1,400 or less £580 £380 More than 1,400, but not more than 2,000 £770 £520 More than 2,000 £1,210 £800
Table B
CARS WITH ORIGINAL MARKET VALUE UP TO £19,250 AND NOT HAVING A CYLINDER CAPACITY
Original market value of car Age of car at end of relevant year of assessment Under 4 years 4 years or more
Less than £6,000 £580 £380 £6,000 or more, but less than £8,500 £770 £520 £8,500 or more, but not more than £19,250 £1,210 £800
Table C
CARS WITH ORIGINAL MARKET VALUE MORE THAN £19,250
Original market value of car Age of car at end of relevant year of assessment Under 4 years 4 years or more
More than £19,250, but not more than £29,000 £1,595 £1,070 More than £29,000 £2,530 £1,685
Peter Lloyd
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
5th November 1987


text:
Citation, commencement and application
1
1
This Order may be cited as the Rate Limitation (Designation of Authorities) (Exemption) Order 1987, and shall come into force on 29th May 1987.
2
This Order applies to England only.
Exemption from designation
2
The amount of £12.2 million is hereby substituted for the amount of £11.1 million specified in section 2(2)(a) of the Rates Act 1984.
3
The Rate Limitation (Designation of Authorities) (Exemption) Order 1986 , which specifies the amount of £11.1 million, is revoked.
Nicholas Ridley
Secretary of State for the Environment
30th April 1987


text:
Title and commencement
1
This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 1987 and shall come into force on 1st August 1987.
Interpretation
2
In this Order, unless the context otherwise requires, expressions have the same meaning as they have in the Scheme.
Rates of levy
3
For the relevant year the rates of levy per tonne of cereals delivered, which appear to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal, shall in each case be —
a
15 pence in respect of dealer levy,
b
15 pence in respect of grower levy, and
c
no pence in respect of processor levy.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 8th July 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
8th July 1987
Tom King
Secretary of State for Northern Ireland
9th July 1987
Peter Walker
Secretary of State for Wales
8th July 1987


text:
Citation and commencement
1
This Order may be cited as the Black Country Development Corporation (Planning Functions) Order 1987 and shall come into force on 19th October 1987.
Interpretation
2
In this Order —
“the 1971 Act ” means the Town and Country Planning Act 1971 ;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the development area” means the area designated as an urban development area by the Black Country Development Corporation (Area and Constitution) Order 1987 ; and
“the development corporation” means the Black Country Development Corporation.
Planning functions of the development corporation
3
Subject to the provisions of articles 5 and 6 of this Order —
a
the development corporation shall be the local planning authority for the development area, in place of any other authority which would otherwise be the local planning authority, for all the purposes of Part III of the 1971 Act in relation to all kinds of development;
b
the development corporation shall have in the whole of the development area, and in place of any authority (except the Secretary of State) which would otherwise have them, the functions conferred by all the provisions of the 1971 Act specified in Part I of Schedule 29 to the 1980 Act.
Modifications of provisions of the 1971 Act
4
All the provisions of the 1971 Act specified in Part II of Schedule 29 to the 1980 Act shall have effect in relation to the development corporation and to the development area with all the modifications specified in that Part.
Transitional provision: planning applications
5
1
This article applies as respects any application for planning permission or for a consent, approval or determination under the 1971 Act or any order or regulation made or having effect under that Act which —
a
was duly made before this Order came into force to an authority which ceases by virtue of the preceding provisions of this Order to be the planning authority responsible for determining the application (“the previous authority”); and
b
has not been determined when this Order comes into force.
2
Except where the previous authority resolves with the agreement of the applicant to transmit the application to the development corporation for determination, that authority shall have in relation to the application the same powers and duties as it would have if this Order had not been made.
3
Where the previous authority transmits an application to the development corporation for determination, the application shall be treated as received by the corporation from the applicant on the day on which it is transmitted to the corporation.
4
Where an appeal is made to the Secretary of State under section 36 of the 1971 Act against a decision or determination made in relation to land within the development area by an authority which ceased by virtue of the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations, that authority shall continue to be the local planning authority for the purposes of the appeal, but shall notify the development corporation of the appeal and transmit to the Secretary of State any representation received from the development corporation.
Transitional provision: compensation
6
1
Where a right to compensation arises under Part VIII of the 1971 Act in consequence of action taken in relation to land within the development area by an authority which ceases by virtue of this Order to be the local planning authority in relation to that matter, the liability to pay compensation shall lie with that authority.
2
Where the Secretary of State makes a determination of an appeal against action taken by such authority as is mentioned in paragraph (1), or on a reference made to him by such authority, and that determination gives rise to a right to compensation, that authority shall be liable to pay the compensation.
3
Where the Secretary of State makes an order under section 276 in respect of a matter arising before this Order comes into force, which relates to land in the development area, the authority which was the local planning authority in relation to that land when the matter arose remain liable to pay any compensation arising from the order.
Nicholas Ridley
Secretary of State for the Environment
29th July 1987


text:
1
1
These Regulations may be cited as the Measuring Instruments (EEC InitialVerification Requirements) (Fees) (Amendment) Regulations 1987 and shall come into force on 1st June 1987.
2
The Measuring Instruments (EEC Initial Verification Requirements) (Fees) (Amendment) Regulations 1986 are hereby revoked.
2
The Measuring Instruments (EEC Initial Verification Requirements) (Fees) Regulations 1982 are hereby amended as follows: —
a
in regulation 4, by omitting the figures“£21.00”and“£16.80”and substituting therefor respectively the figures“£23.20”and“£18.40”; and
b
in paragraph (a) of the Schedule, by omitting the figure“£36.00”and substituting therefor the figure“£39.60”.
Lucas of Chilworth
Parliamentary Under-Secretary of State,
Department of Trade and Industry
27th April 1987
We consent.
Michael Neubert
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury.
1st May 1987