text:
Title, commencement, duration and interpretation
1
1
This Order may be cited as the Sole (North Sea) (Enforcement of Community Conservation Measures) Order 1987, shall come into force on 18th February 1987 and shall cease to have effect on 16th April 1987.
2
In this Order, “the Commission Regulation” means the Regulation adopted by the Commission of The European Communities on 6th February 1987 establishing temporary limits on landings of sole from the North Sea .
Offences
2
1
Where there is, in respect of —
a
any British fishing boat registered in the United Kingdom wherever it may be,or
b
any other fishing boat which is within British fishery limits,
a contravention of, or failure to comply with, article 1 of the Commission Regulation as respects the retention on board of sole (Solea solea), the master, the owner and the charterer (if any) shall each be guilty of an offence.
2
Any person who, in the United Kingdom, lands any sole in contravention of article 1 of the Commission Regulation shall be guilty of an offence.
Penalties
3
1
A person guilty of an offence under article 2(1) or (2) of this Order shall be liable on summary conviction —
a
to a fine not exceeding £5,000; and
b
either —
i
to a fine not exceeding the value of any fish in respect of which the offence was committed, or
ii
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used for catching any fish in respect of which the offence was committed.
2
A person guilty of an offence under article 2(1) or (2) of this Order shall be liable on conviction on indictment —
a
to a fine; and
b
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used for catching any fish in respect of which the offence was committed.
Recovery of fines
4
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master, owner or charterer, or a member of the crew, of a fishing boat who is convicted by the court of an offence under article 2 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer, or a member of the crew, of a fishing boat who is convicted by the sheriff of an offence under article 2 of this Order, the sheriff may —
a
issue a warrant for the poinding and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Article 114(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in that article.
Powers of British sea-fishery officers
5
1
For the purpose of enforcing article 2(1) of this Order, a British sea-fishery officer —
a
may go on board any British fishing boat wherever it may be or any other fishing boat which is within British fishery limits;
b
may require any such boat to stop and do anything else to enable him to board it;
c
may require the attendance of the master of the boat or any other person on board;
d
may require any person on board to assist him in the performance of his functions;
e
may take with him, to assist him in performing his functions, any other person and any equipment or materials; and
f
may make any examination or inquiry which appears to him to be necessary and, without prejudice to the generality of the foregoing, he may in particular —
i
examine any fish on the boat and the equipment of the boat, including the fishing gear;
ii
require the production of any document relating to the boat or to its fishing operations or other operations ancillary to its fishing operations;
iii
search the boat for any such document, and require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; and
iv
take copies of any such document.
2
If a British sea-fishery officer has reasonable grounds to suspect that an offence under article 2(1) of this Order has been committed in respect of a boat that he has power to go on board under paragraph (1)(a) of this article, he may seize and detain any document produced to him or found on board the boat, and, if he has reasonable grounds to suspect that such an offence has been committed within British fishery limits, the officer —
a
may require the master to take, or may himself take, the boat and its crew to the port which appears to the officer to be the nearest convenient port; and
b
may detain the boat in the port.
3
Nothing in paragraph (2) of this article shall permit any document required by law to be carried on board any boat to be seized or detained except while the boat is detained in a port.
4
If a British sea-fishery officer detains a boat, he shall serve on the master a notice stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by a British sea-fishery officer.
5
For the purpose of enforcing article 2 of this Order, a British sea-fishery officer —
a
may enter at any reasonable time any premises (other than a dwelling) used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
may search the premises for and examine any fish thereon;
c
may require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, trans-shipment, sale or disposal of sea fish;
d
may take copies of any such document;
and, if he has reason to suspect that an offence under article 2 of this Order has been committed, the officer —
e
may search the premises for any such document and require any person on the premises to do anything which appears to the officer to be necessary for facilitating the search; and
f
may seize and detain any such document produced to him or found on the premises.
6
A British sea-fishery officer may seize —
a
any fish in respect of which he has reasonable grounds to suspect that an offence under article 2 of this Order has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect was used for catching any fish in respect of which any such offence has been committed.
Obstruction of officers
6
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 5 of this Order;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults any such officer who is exercising any of the powers conferred on him by article 5 of this Order or intentionally obstructs any such officer in the exercise of any of those powers
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding £5,000; or
ii
on conviction on indictment to a fine.
Protection of officers
7
An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by article 5 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Offences by bodies corporate
8
Where an offence under article 2 of this Order committed by a body corporate is proved to have been committed with the consent or approval of any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Proceedings
9
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 15th February 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
John J. Mackay
Parliamentary Under-Secretary of State, Scottish Office
12th February 1987
Nicholas Edwards
Secretary of State for Wales
10th February 1987Tom King
Tom King
Secretary of State for Northern Ireland
13th February 1987


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Combined Probation Areas (Northamptonshire) Order 1987 and shall come into force on 1st April 1987, except that for the purpose of making any appointment under Article 3 below to have effect from 1st April 1987 this Order shall come into force forthwith.
2
Schedule 2 to the Combined Probation Areas Order 1986 shall be amended by substituting for the entry in respect of Northamptonshire the following entry:–
(1) (2) (3) Petty Sessions Area Probation Area Number of justices on probation committee
Corby Northamptonshire 3 Daventry 2 Kettering 3 Northampton 6 Towcester 2 Wellingborough 4
3
1
The fourteen members of the Northamptonshire Probation Committee appointed by the justices for the petty sessional divisions of Brackley, Corby, Daventry, Kettering, Mid Northants, Oundle and Thrapston, Towcester and Wellingborough before those divisions were re-organised to form five new divisions known as the Corby, Daventry, Kettering, Towcester and Wellingborough divisions shall cease to hold office as members of that Committee, but shall be eligible for re-appointment.
2
The justices for the new divisions of Corby, Daventry, Kettering, Towcester and Wellingborough shall appoint respectively three, two, three, two and four of their number to serve, with effect from 1st April 1987, as members of the Northamptonshire Probation Committee; and the members so appointed shall hold office until 30th November 1989 and shall then cease to hold office but shall be eligible for re-appointment.
Douglas Hurd
One of Her Majesty`s Principal Secretaries of State
Home Office
19th February 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1987 and shall come into force on 27th July 1987 for the purposes of personal pension schemes and on 6th April 1988 for the purposes of occupational pension schemes.
2
In these Regulations, unless the context otherwise requires —
“the Act”means the Social Security Act 1986;
“the Board”means the Occupational Pensions Board;
“child benefit”has the same meaning as in the Child Benefit Act 1975 ;
“member”means member of an occupational pension scheme or a personal pension scheme;
“money purchase contracted-out scheme”has the same meaning as in the Social Security Pensions Act 1975;
“pensionable age”means, in the case of a man, 65, and in the case of a woman, 60;
“scheme”means occupational pension scheme or personal pension scheme;
and other expressions have the same meaning as in the Act.
3
In these Regulations, except in so far as the context otherwise requires, any reference —
a
to Schedule 1 to the Act includes a reference to that Schedule as modified by section 32(2B) of the Social Security Pensions Act 1975;
b
in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number; and
c
in a paragraph to a lettered sub-paragraph is to the sub-paragraph of that paragraph bearing that letter.
Manner of calculation and verification of protected rights mentioned in paragraph 7(2) of Schedule 1 to the Act
2
1
Except in a case to which paragraph (2) applies, the value of a member’s protected rights (under a scheme which is, or was formerly, an appropriate scheme or a money purchase contracted-out scheme) such as are mentioned in paragraph 7(2) of Schedule 1 to the Act shall be calculated and verified —
a
in such manner as may be approved in particular cases by the trustees or managers of the scheme, and
b
by adopting methods consistent with the requirements of Schedule 1 to the Act.
2
In a case where a member’s rights (as described in paragraph (1)) fall, either wholly or in part, to be valued in a manner which involves making estimates of the value of benefits, the value of those rights shall be calculated and verified —
a
in such manner as may be approved in particular cases by —
i
a Fellow of the Institute of Actuaries, or
ii
a Fellow of the Faculty of Actuaries, or
iii
a person with other actuarial qualifications who is approved by the Secretary of State, at the request of the trustees or managers of the scheme in question, as being a proper person to act for the purposes of these regulations in connection with that scheme,
and in this regulation“actuary”means any person such as is referred to in head (i), (ii) or (iii) of this sub-paragraph; and
b
by adopting methods and making assumptions which —
i
if not determined by the trustees or managers of the scheme in question, are notified to them by an actuary, and
ii
are certified by an actuary to the trustees or managers of the scheme as being consistent with the requirements of Schedule 1 to the Act, and as being consistent with“Retirement Benefit Schemes — Transfer Values (GN11)”published by the Institute of Actuaries and the Faculty of Actuaries and current at the date of the calculation.
Rights which the rules of a scheme may designate as protected rights
3
For the purposes of paragraph 7(2) of Schedule 1 to the Act (scheme rules may provide that a member’s protected rights are rights specified in paragraph 7(2) and such other rights as may be prescribed), the prescribed rights are rights to money purchase benefits which derive from —
a
guaranteed minimum pensions under an occupational pension scheme, or guaranteed minimum pensions appropriately secured within the meaning of section 52C of the Social Security Pensions Act 1975, which have been the subject of a transfer payment to the trustees or managers of the scheme;
b
in the case of a personal pension scheme, a payment made to the trustees or managers of the scheme in accordance with section 7 of the Act and regulation 3(10) of the Personal and Occupational Pension Schemes (Incentive Payments) Regulations 1987 ; and
c
in the case of an occupational pension scheme, a payment of minimum contributions made to the trustees or managers of the scheme in accordance with regulation 14(8) of the Personal Pension Schemes (Appropriate Schemes) Regulations 1987 .
Conditions applying to pensions and annuities which give effect to protected rights
4
1
For the purposes of sub-paragraphs (1) (a) (effect may be given to protected rights by the provision by the scheme of a pension which among other things satisfies such conditions as may be prescribed) and (2)(ii) (effect may be given in certain circumstances to protected rights by the purchase by the scheme of an annuity which among other things satisfies such conditions as may be prescribed) of paragraph 9 of Schedule 1 to the Act, the prescribed conditions are that the pension or annuity gives effect to all the protected rights of the member, that in the case of an annuity it is one which is purchased on or after the date on which it commences, and that the terms on which the pension is provided, or the terms of the purchase of the annuity —
a
satisfy the requirements of paragraphs (2) to (5) of this regulation; and
b
make no provision other than such as —
i
is necessary to establish what the initial rate and the method of payment of the pension or annuity are to be, and that it shall continue to be paid at that rate (subject only to paragraphs (3) and (6)) throughout the lifetime of the member,
ii
is necessary to satisfy the requirements of paragraphs (2) to (5) and regulation 5, and
iii
is permitted by paragraphs (6) to (9).
2
The rate of the pension or annuity shall be determined without regard to the sex or marital status of the member.
3
The rate of the pension or annuity shall —
a
on a date (“the first date”) not later than the first anniversary of the date on which it becomes payable, and
b
on each anniversary of the first date,
be increased by the same percentage as that by which parts of guaranteed minimum pensions are increased, by the order (if any) made by the Secretary of State under section 37A of the Social Security Pensions Act 1975 and coming into operation on the first day of the tax year in which the date of the increase falls.
4
Except with the written consent of the person to whom the pension or annuity is payable, the pension or annuity, if paid in arrear, shall be paid no less frequently than by monthly instalments.
5
The pension or annuity shall be paid no less frequently than by annual instalments.
6
The pension or annuity may be increased, not more frequently than on the first date mentioned in paragraph (3) and on each of its anniversaries, but by larger percentages than paragraph (3) requires, so however that no increase is by more than 3 per cent.
7
When the member has died, the pension or annuity may continue to be paid, at a rate which satisfies the requirements of paragraph (8), to or for the benefit of other persons if the requirements of paragraph (9) are satisfied.
8
The requirements first referred to in paragraph (7) are that the rate shall not exceed —
a
at any given time during the period which is within 5 years of the date on which the pension or annuity commenced, the rate at which it would have been payable if the member had been living at that time; and
b
at any given time during any other period, one-half of the rate at which it would have been payable if the member had been living at that time.
9
The requirements secondly referred to in paragraph (7) are that the pension or annuity shall be paid only —
a
to the member’s widow or widower, in a case where immediately after the member’s death the pension or annuity is required by virtue of regulation 5 to be paid to her or him;
b
to any one person, in a case to which sub-paragraph (a) does not apply;
c
for the benefit of any child or children, if —
i
sub-paragraph (a) does not apply,
ii
the pension or annuity has not been paid in accordance with sub-paragraph (b), and
iii
immediately before the member’s death the member was entitled to child benefit in respect of that child or those children, or would have been so entitled if that child or one, some or all of those children had not been absent from Great Britain;
but only for so long as that child or at least one of those children is under the age of 18; and
d
to any one person, during any period —
i
which is within 5 years of the date on which the pension or annuity commenced, and
ii
which immediately follows the death of a person who died while the pension or annuity was being paid to him in accordance with sub-paragraph (a) or (b) or in accordance with this sub-paragraph, or which begins on the date on which the child or the last of the children in respect of whom the pension or annuity has been paid in accordance with sub-paragraph (c) attained the age of 18 or died under that age.
Circumstances in which and periods for which pension or annuity is to be paid to widow or widower after being paid to member
5
1
For the purposes of paragraph 9(7)(b)(i) of Schedule 1 to the Act (pension or annuity to be paid to member’s widow or widower in prescribed circumstances and for the prescribed period) the prescribed circumstances are that —
a
the widow or widower is entitled to child benefit in respect of a child under 18 who is, or residing with a child under 16 who is —
i
a son or daughter of the widow or widower and the member, or
ii
a child in respect of whom the member immediately before his or her death, was, or would have been if the child had not been absent from Great Britain, entitled to child benefit, or
iii
if the widow or widower and the member were residing together immediately before the member’s death, a child in respect of whom the widow or widower then was, or would have been if the child had not been absent from Great Britain, entitled to child benefit;
or
b
the widow or widower had attained the age of 45 either —
i
when the member died, or
ii
during a period when the circumstances mentioned in sub-paragraph (a) existed.
2
For the purposes of paragraph 9(7)(b)(i) of Schedule 1 to the Act the prescribed period is —
a
in a case to which the circumstances described in sub-paragraph (a), but not sub-paragraph (b) of paragraph (1) exist, the period (subject to paragraph (3)) during which the circumstances described in sub-paragraph (a) of paragraph (1) continue to exist; and
b
in a case to which the circumstances described in sub-paragraph (b) of paragraph (1) exist, the remainder of the widow’s or widower’s life (subject to paragraph (3)).
3
There is excluded from the periods prescribed under paragraph (2) any period after the widow’s or widower’s remarriage under pensionable age.
Giving effect to protected rights in money purchase contracted-out scheme by providing lump sum
6
1
For the purposes of paragraph 9(3)(b) of Schedule 1 to the Act as modified by section 32(2B) of the Social Security Pensions Act 1975 (effect may be given to protected rights in a money purchase contracted-out scheme by the provision of a lump sum where the annual rate of the pension or annuity would not exceed the prescribed amount) the prescribed amount is £104.
2
For the purposes of paragraph 9(3)(c) of Schedule 1 to the Act as modified by section 32(2B) of the Social Security Pensions Act 1975 (effect may be given to protected rights in a money purchase contracted-out scheme by the provision of a lump sum in prescribed circumstances) the prescribed circumstances are that —
a
effect is given to all the member’s protected rights by the provision of a lump sum; and
b
either —
i
the member has no rights under the scheme other than his protected rights; or
ii
effect is given to all those of his rights under the scheme which are not protected rights by the provision of a lump sum.
Suspension and forfeiture of payments giving effect to protected rights
7
1
For the purposes of paragraph 11 of Schedule 1 to the Act, the circumstances in which the rules of a scheme may provide for payments giving effect to a member’s protected rights to be suspended are —
a
that the person who is entitled to payments giving effect to those rights is, in the opinion of the trustees or managers of the scheme, unable to act by reason of mental disorder or otherwise, so however that there is provision in the scheme for equivalent sums to be paid or applied, while that person is so unable, for the maintenance of that person or, at the discretion of the trustees or managers, of that person together with his dependants or of his dependants only, and, to the extent that they are not so applied, to be held for that person until he is again able to act or, as the case may be, for his estate;
b
that that person is undergoing a period of imprisonment or detention in legal custody, so however that there is provision in the scheme for equivalent sums to be paid or applied during such a period for the maintenance of such one or more of that person’s dependants as the trustees or managers of the scheme may in their discretion determine.
2
For the purposes of paragraph 11 of Schedule 1 to the Act, the circumstances in which the rules of a scheme may provide for a payment giving effect to a member’s protected rights to be forfeited are —
a
that the trustees or managers of the scheme do not know the address of the person to whom the payment should be made; and
b
that a period of at least 6 years has elapsed from the date on which that payment became due.
Choice of insurance company by annuitant
8
For the purposes of paragraph 9(9) of Schedule 1 to the Act (scheme member to be taken to have chosen an insurance company to provide his annuity only if he gives notice in the prescribed manner and within the prescribed period) the prescribed manner is in writing, and the prescribed period is —
a
in a case where the trustees or managers of the scheme know of no reason to suppose that the pension or annuity will not commence on the date on which the member will attain pensionable age, a period of 5 months (or such longer period as the rules of the scheme may allow) beginning on the date which is 6 months earlier than that on which he will attain pensionable age; andd
b
in any other case —
i
if the date (“the date of agreement”) on which the member agrees, under paragraph 9(7)(a)(ii) of Schedule 1 to the Act, a later date (“the agreed date”) for commencement of payment than that on which he will attain pensionable age is more than one month before the agreed date, a period beginning on the date of agreement and ending one month before the agreed date, and
ii
if the date of agreement is not more than one month before the agreed date, a period consisting only of the date of agreement,
or such longer period as the rules of the scheme may allow.
Insurance companies that may provide protected rights by way of annuities
9
For the purposes of paragraph 9(8) of Schedule 1 to the Act (annuity complies with paragraph 9 if it is provided by an insurance company which satisfies prescribed conditions) the prescribed conditions are that the insurance company —
a
is one to which Part II of the Insurance Companies Act 1982 applies and which is authorised under section 3 or 4 of that Act to carry on ordinary long-term insurance business as defined in that Act; and
b
offers annuities, with a view to purchase of those annuities by schemes in order to give effect to the protected rights of their members, without having regard to the sex or marital status of those members either in making the offers or in determining the rates at which the annuities are paid.
Death of scheme member before effect given to his protected rights
10
1
In this regulation“qualifying widow or widower”means a widow or widower of the member who immediately after the member’s death either —
a
is aged 45 or over; or
b
is entitled to child benefit in respect of a child under 18 who is, or residing with a child under 16 who is —
i
a son or daughter of the widow or widower and the member, or
ii
a child in respect of whom the member, immediately before his death, was, or would have been if the child had not been absent from Great Britain, entitled to child benefit, or
iii
if the widow or widower and the member were residing together immediately before the member’s death, a child in respect of whom the widow or widower then was, or would have been if the child had not been absent from Great Britain, entitled to child benefit.
2
For the purposes of paragraph 9(4) of Schedule 1 to the Act (if member has died without effect being given to protected rights effect may be given in prescribed manner), in a case where —
a
the member is not survived by a qualifying widow or widower; or
b
the trustees or managers of the scheme, having taken reasonable steps to ascertain whether the member was survived by a qualifying widow or widower, conclude in good faith that he or she was not; or
c
the member is survived by a qualifying widow or widower who dies before the value of the member’s protected rights are paid to or for the benefit of her or him by virtue of paragraphs (3) to (8),
the prescribed manner is by the payment, as soon as practicable, of the value of the member’s protected rights to or for the benefit of any person or persons in accordance with directions given by the member in writing, or to the member’s estate.
3
For the purposes of paragraph 9(4) of Schedule 1 to the Act, in a case where the member is survived by a qualifying widow or widower, and the circumstances mentioned in paragraph (2)(b) do not exist, the prescribed manner is —
a
by the provision, as soon as practicable, of a pension such as is described in paragraph (4); or
b
by the purchase by the scheme, as soon as practicable, of an annuity such as is described in paragraph (4), which is provided by an insurance company such as is described in paragraph (12); or
c
in the case only of an occupational pension scheme, by the provision, as soon as practicable, of a lump sum such as is described in paragraph (14).
4
The pension or annuity referred to in paragraph (3) is one such that it gives effect to all the protected rights of the member, and that the terms on which the pension is provided, or the terms of the purchase of the annuity —
a
satisfy the requirements of paragraphs (5) to (7); and
b
make no provision about the payment of the pension or annuity, or about the rate at which, or the categories of persons to whom, it is to be paid, other than such as —
i
is necessary to establish what the initial rate and method of payment of the pension of annuity are to be, and that it shall continue to be paid to the widow or widower at that rate (subject only to paragraphs (6) and (8)) throughout the period described in paragraph (5),
ii
is necessary to satisfy the requirements of paragraphs (5) to (7), and
iii
is permitted by paragraphs (8) to (11).
5
The pension or annuity shall be paid to the qualifying widow or widower during the period which begins on a date which is as soon as practicable after the member’s death and ends when the widow or widower either —
a
dies; or
b
remarries while under pensionable age; or
c
ceases while under the age of 45 to be as described in paragraph (1)(b).
6
The rate of the pension or annuity shall be increased as described in regulation 4(3).
7
The pension or annuity shall be paid as described in regulation 4(4) and (5).
8
The pension or annuity may be increased, not more frequently than on the first date mentioned in regulation 4(3) and on each of its anniversaries, but by larger percentages than paragraph (6) requires, so however that no increase is by more than 3 per cent.
9
When the qualifying widow or widower has —
a
died; or
b
remarried while under pensionable age; or
c
ceased while under the age of 45 to be as described in paragraph (1)(b),the pension or annuity may be paid, at a rate which satisfies the requirements of paragraph (10), to or for the benefit of the persons specified in paragraph (11) if the requirements of that paragraph are satisfied.
10
The requirements first referred to in paragraph (9) are that the rate shall not exceed the rate at which the pension or annuity would have been payable if it had still been payable under paragraph (5).
11
The requirements secondly referred to in paragraph (9) are that the pension or annuity shall be paid only —
a
to the person who was the qualifying widow or widower;
b
for the benefit of any child or children, if a person has died while the pension or annuity was being paid to him in accordance with paragraph (5) or sub-paragraph (a) and immediately before his death he was entitled to child benefit in respect of that child or those children, or would have been so entitled if that child or one, some or all of those children had not been absent from Great Britain, but only for so long as that child or at least one of those children is under the age of 18; and
c
to any one person during any period —
i
which is within 5 years of the date on which the pension or annuity commenced, and
ii
which immediately follows the death of a person who died while the pension or annuity was being paid to him in accordance with paragraph (5) or sub-paragraph (a) or this sub-paragraph, or which begins on the date on which the child or the last of the children in respect of whom the pension or annuity has been paid in accordance with sub-paragraph (b) attained the age of 18 or died under that age.
12
The insurance company referred to in paragraph (3) is one which satisfies the conditions described in regulation 9(a), and which has, subject to paragraph (13), been chosen by the widow or widower.
13
A widow or widower is only to be taken to have chosen an insurance company if she or he gives notice in writing of her or his choice to the trustees or managers of the scheme during a period which begins on the date of the member’s death and ends on the date which is 3 months after the date on which the trustees or managers notify her or him of her or his right to choose; and if she or he does not do so, the trustees or managers may themselves choose the insurance company instead.
14
The lump sum referred to in paragraph (3) is one which is paid to the qualifying widow or widower in the following circumstances, namely where —
a
the annual rate of the pension or annuity which would have been provided or purchased for her or him if the lump sum had not been provided does not exceed £104;
b
effect is given to all the member’s protected rights by the provision of a lump sum; and
c
either —
i
the member, when he died, had no rights under the scheme other than his protected rights, or
ii
effect is given to all those of his rights under the scheme which are not protected rights by the provision of a lump sum.
Enforceable entitlement after death of member
11
Without prejudice to any other requirements, a personal pension scheme can be an appropriate scheme and an occupational pension scheme can be a money purchase contracted-out scheme only if the provision it makes for giving effect to the protected rights of a member who has died is such that any widow, widower or other person who is entitled to any payment giving effect to those rights is able to enforce that entitlement.
Schemes not to discriminate on grounds of sex or marital status
12
Without prejudice to other requirements, a scheme which offers pensions with a view to giving effect, under paragraph 9(1)(a) of Schedule 1 to the Act, to protected rights by means of those pensions, can be (in the case of a personal pension scheme) an appropriate scheme or (in the case of an occupational pension scheme) a money purchase contracted-out scheme only if it offers those pensions without having regard to the sex or marital status of the persons to whom it offers them, both in making those offers and in determining the rates at which those pensions are paid.
Personal pension schemes — notifications to the Secretary of State
13
1
Within 5 weeks after effect has been given to the protected rights of a member of a personal pension scheme, the trustees or managers of that scheme shall notify the Secretary of State in writing that effect has been given to those rights, giving such particulars as the Secretary of State may reasonably require to enable him —
a
to identify the means by which effect has been given to them;
b
where effect has been given to them by means of a pension, annuity or lump sum, to identify the recipient of it;
c
where effect has been given to them by means of an annuity, to identify the insurance company responsible for paying the annuity; and
d
where effect has been given to them by means of a transfer payment, to identify the personal or occupational pension scheme to which the transfer payment was made.
2
The trustees or managers of a personal pension scheme which is or has been an appropriate scheme shall, if required to do so by the Secretary of State, in such manner and at such times as he may reasonably require, furnish to him such information relating to members of the scheme as he may reasonably require in order to know for what, if any, protected rights the scheme is responsible, and from what minimum contributions, minimum payments or transfer payments they derive.
Occupational pension schemes — notifications to the Secretary of State
14
Regulation 43 of the Occupational Pension Schemes (Contracting-out) Regulations 1984 shall be amended by the insertion, after paragraph (4), of the following paragraph —
4A
Within 5 weeks after effect has been given to the protected rights of amember of the scheme, the trustees of that scheme shall notify the Secretary of State in writing that effect has been given to those rights, giving such particulars as the Secretary of State may reasonably require to enable him —
a
to identify the means by which effect has been given to them;
b
where effect has been given to them by means of a pension, annuity or lump sum, to identify the recipient of it;
c
where effect has been given to them by means of an annuity, to identify the insurance company responsible for paying the annuity; and
d
where effect has been given to them by means of a transfer payment, to identify the personal or occupational pension scheme to which the transfer payment was made.
.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
25th June 1987


text:
Citation, commencement and interpretation
1
This Scheme, which may be cited as the War Pensions (Mercantile Marine) (Amendment) Scheme 1987, amends the War Pensions (Mercantile Marine) Scheme 1964 (hereinafter referred to as “the principal Scheme”), and shall come into force on 6th April 1987.
Abolition of funeral grants
2
1
The principal Scheme shall be amended in accordance with the following provisions of this Article.
2
Article 19 (funeral grants) is hereby revoked.
3
In Articles 22, 23 and 25 for the words, “gratuity or funeral grant” wherever they appear there shall be substituted the words “or gratuity”.
Signed by authority of the Secretary of State for Social Services.
Trumpington
Parliamentary Under-Secretary of State,
Department of Health and Social Security
16th March 1987


text:
1
This Order may be cited as the London (British Rail) Taxi Sharing Scheme Order 1987 and shall come into force on 1st July 1987.
2
The Secretary of State hereby makes the London (British Rail) Taxi Sharing Scheme as set out in the Annex to this Order.
Signed by authority of the Secretary of State
David Mitchell
Minister of State,
Department of Transport
8th May 1987


text:
1
1
These Regulations may be cited as the Origin of Goods (Petroleum Products) Regulations 1987 and shall come into force on 1st January 1988.
2
In these Regulations references to chapters, headings or sub-headings are references to chapters, headings or sub-headings of the Combined Nomenclature of the European Communities .
2
These Regulations shall apply to determine the question whether goods of a description specified in the Schedule hereto are to be treated as originating in a country for the purposes of any preferential rate of, or exemption from, customs duties charged in accordance with section 5(1) and (2) of the European Communities Act 1972 , in cases where the question does not fall to be determined under a regulation of the European Economic Community or any Act or other instrument having the force of law.
3
1
Any description of goods in column 2 of the Schedule hereto (other than one covering a whole heading) shall be taken to comprise all goods which would be classified under an entry in the same terms constituting a sub-heading;
2
Materials shall be treated as having been imported into a country unless they are shown to the satisfaction of the Commissioners of Customs & Excise not to have been so imported.
3
Notwithstanding the provisions of regulations 4 and 5, goods of a description specified in the Schedule hereto shall not be treated as originating in a country unless —
a
they were consigned to the United Kingdom from that country or from another member state of the European Economic Community or,
b
if not so consigned, they remained under customs control in any country (other than one described in paragraph (a) above) through which they were moved, were not entered for home use there and were not subject to any operation there other than unloading, reloading or any operation intended to keep them in good condition.
4
1
Subject to the provisions of regulation 3(3) above, goods of a description specified in the Schedule hereto which have been wholly got, produced or manufactured in a country without the use of any imported materials shall be treated as originating in that country.
2
For the purpose of paragraph (1) above, waste products shall be treated as wholly produced in a country if they result from the carrying on of any process of manufacture in that country.
5
Subject to the provisions of regulation 3(3) above, goods of a description specified in the Schedule hereto, and produced or manufactured in a country from imported materials, shall be treated as originating in that country provided they have undergone there the process specified in column 3 of the Schedule, unless such goods fall to be classified in a different heading from the materials from which they were produced or manufactured by reason only of the performance of one or more of the following minor processes, namely —
i
operations intended solely to ensure that the goods remain in good condition during transit or storage (including freezing);
ii
packing, repacking, bottling or splitting up into or assembling into consignments;
iii
marking or labelling;
iv
mixing — where any of the components mixed is an imported product.
6
The Origin of Goods (Petroleum Products) Regulations 1977 are hereby revoked, so far as still in force .
Alan Clark
Minister for Trade,
Department of Trade & Industry
4th December 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Money Purchase Contracted-out Schemes Regulations 1987 and shall come into force on 6th April 1988.
2
In these Regulations, unless the context otherwise requires —
“the 1975 Act ” means the Social Security Pensions Act 1975;
“the 1986 Act ” means the Social Security Act 1986;
“earnings period” has the same meaning as in the Social Security (Contributions) Regulations 1979 ;
“emoluments” means so much of a person’s remuneration or profit derived from employed earner’s employment as constitutes earnings for the purposes of the Social Security Act 1975 ;
“Friendly Society” means a Friendly Society registered under section 7(1)(a) of the Friendly Societies Act 1974 , or, as the case may be, under section 1(1)(a) of the Friendly Societies Act (Northern Ireland) 1970 ;
“futures” has the meaning assigned to that word by paragraph 8 of Schedule 1 to the Financial Services Act 1986 ;
“government, local authority or public authority” means —
the government of any member State;
a local authority in any member State; or
any international organisation the members of which comprise any member States;
“income tax month” means the period beginning on the 6th day of any calendar month and ending on the 5th day of the following calendar month;
“investment trust company” means a company which has been approved for the purposes of section 359 of the Income and Corporation Taxes Act 1970 ;
“issuer”, in relation to any securities, has the meaning assigned to that word by section 142(7) of the Financial Services Act 1986;
“options” has the meaning assigned to that word by paragraph 7 of Schedule 1 to the Financial Services Act 1986;
“recognised Stock Exchange” has the meaning assigned to that expression by paragraph 13 of Schedule 13 to the Insurance Companies Regulations 1981 ;
“scheme” means occupational pension scheme;
“securities” —
in relation to any government, local authority or public authority, means any investment which would fall within paragraph 3 of Schedule 1 to the Financial Services Act 1986 if “government, local authority or public authority” had the same meaning in that paragraph as in these Regulations; and
otherwise means any investment falling within paragraph 1, 2, 4 or 5 of that Schedule;
“trustees”, in relation to a scheme which is not set up or established under a trust, means the managers of the scheme;
and other expressions have the same meaning as in the 1975 Act.
3
In these Regulations, unless the context otherwise requires, any reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number;
c
in a paragraph to a lettered sub-paragraph is to the sub-paragraph of that paragraph bearing that letter.
Permitted investments
2
1
For the purposes of section 32(2A) of the 1975 Act (occupational pension scheme may be contracted-out if among other things the requirements imposed by or by virtue of Schedule 1 to the 1986 Act modified under section 32(2B) of the 1975 Act are satisfied in its case) and of paragraphs 3 and 6 of Schedule 1 to the 1986 Act (schemes to comply with prescribed requirements as regards the investment of their resources, and such other requirements as may be prescribed), the prescribed requirements in relation to an occupational pension scheme are those specified in paragraphs (2) and (3).
2
The rules of the scheme shall require that the resources of the scheme are not invested in any investments other than those specified in the Schedule to these Regulations.
3
The rules of the scheme shall require the trustees of the scheme to take all reasonable steps to ensure that —
a
in relation to the investments specified in paragraphs 5 to 8 of the Schedule, there is not, at any one time, invested in the securities of any one issuer —
i
more than 5% of the value of the resouces of the scheme, or
ii
more than 10% of that value, where the total of the investments in the securities of any one issuer of more than 5% of that value does not exceed 40% of that value;
b
not more than 50% of the value of the resources of the scheme is invested, at any one time, in investments specified in paragraph 6 of the Schedule;
c
not more than 35% of the value of the resources of the scheme is invested, at any one time, in investments of the kinds specified in paragraphs 7 and 8 (read together) of the Schedule;
d
the aggregate, at any one time, of —
i
any sum lent to a person or body associated with the scheme out of the resources of the scheme,
ii
any part of the resources of the scheme invested in a person or body or land associated with the scheme, and
iii
any part of the resources of the scheme invested in any one or more of the investments specified in paragraphs 8 to 10 of the Schedule,
does not exceed 10% of the value of the resources of the scheme;
e
not more than 40% of the value of the resources of the scheme is invested, at any one time, in securities issued by any one investment trust company; and
f
not more than 25% of the value of the resources of the scheme is invested at any one time in land.
Deduction of minimum payments from earnings
3
1
Every employer, on making during any tax year to any earner any payment of emoluments in respect of which minimum payments are payable, may deduct minimum payments in accordance with this regulation.
2
An employer shall not be entitled to recover any minimum payments paid or to be paid by him on behalf of any earner otherwise than by deduction in accordance with this regulation.
3
Subject to the provisions of paragraph (4), on making any payment of emoluments to the earner the employer may deduct from those emoluments an amount which bears the same ratio to the amount of the minimum payments relating to those emoluments as A does to A plus B, where —
a
A is the first percentage mentioned in section 30(1A)(a) of the 1975 Act ; and
b
B is the first percentage mentioned in section 30(1A)(b) of that Act.
4
Where 2 or more payments of emoluments fall to be aggregated under or by virtue of paragraph 1(1) of Schedule 1 to the Social Security Act 1975, the employer may deduct the amount of the minimum payments based thereon which are payable by the earner either wholly from one such payment or partly from one and partly from the other or any one or more of the others.
5
In the circumstances specified in paragraph (6), if the employer on making any payment of emoluments to an earner does not deduct therefrom the full amount of minimum payments which by virtue of these regulations he is entitled to deduct, he may recover the amount so underdeducted by deduction from any subsequent payment of emoluments to that earner during the same tax year, so however that any amount deducted under this paragraph may be in addition to but shall not exceed any amount deducted from the same payment of emoluments under paragraph (3) or (4).
6
Paragraph (5) applies only where —
a
the underdeduction occurred by reason of an error made by the employer in good faith; or
b
the emoluments in respect of which the underdeduction occurred are deemed to be earnings by virtue of regulations made under section 18 of the Social Security (Miscellaneous Provisions) Act 1977 ; or
c
the underdeduction occurred as a result of the variation of the contracting-out certificate issued in respect of the employment in respect of which the payment of emoluments is made; or
d
the emoluments in respect of which the underdeduction occurred are, by virtue of regulation 17B of the Social Security (Contributions) Regulations 1979 , not paid through the secondary contributor in relation to the employment.
Minimum payments to be made by employers to trustees
4
1
For the purposes of section 30(1) and (1A) of the 1975 Act, the employer of an earner whose employment is contracted-out by reference to a money purchase contracted-out scheme shall, subject to paragraph (2), make to the trustees of that scheme any minimum payments which fall to be made by him, other than amounts deductible by virtue of regulation 3(4) which he did not deduct, within 14 days of the end of the income tax month in which there arose the liability for Class 1 contributions in respect of the earnings to which those minimum payments relate.
2
An employer shall for the purposes of paragraph (1) be deemed to have deducted from the last of any number of payments of emoluments which fall to be aggregated under or by virtue of paragraph 1(1) of Schedule 1 to the Social Security Act 1975 the amount of minimum payments deductible from those payments which he did not deduct from the earlier payments.
3
Subject to paragraph (4), if the employer has paid to the trustees on account of minimum payments an amount which he was not liable so to pay, the amounts which he is liable so to pay subsequently, in respect of other payments of emoluments made by him during the same tax year, shall be reduced by the amount so overpaid, so however that if there was a corresponding overdeduction from any payment of emoluments to an earner the provisions of this paragraph shall apply only in so far as the employer has reimbursed the earner therefor.
4
Paragraph (3) applies only where the overdeduction occurred by reason of an error made by the employer in good faith.
Calculation of minimum payments
5
1
Subject to the provisions of paragraphs (3) and (4), minimum payments shall be calculated in accordance with section 30(1A) and (1B) of the 1975 Act, so however that each such calculation shall be to the nearest penny and any amount of half a penny or less shall be disregarded.
2
In the alternative, but subject to the provisions of paragraphs (3) to (5), minimum payments may be calculated in accordance with a scale prepared for that purpose by the Secretary of State.
3
Where the amount of the earnings to which the scale is to be applied does not appear in the scale, the amount of the minimum payments shall be calculated by reference to the next smaller amount of earnings in the appropriate column in the scale.
4
Where the scale would, but for the period to which it relates, be appropriate and the earnings period in question is a multiple of the period in the scale, the scale shall be applied by dividing the earnings in question so as to obtain the equivalent earnings for the period to which the scale relates and by multiplying the amount of minimum payments shown in the scale as appropriate to those equivalent earnings by the same factor as the earnings were divided.
5
Unless the Secretary of State agrees to the contrary, all the minimum payments to be made in a tax year in respect of the earnings paid to or for the benefit of an earner in respect of his employed earner’s employment or, where he has more than one such employment and the earnings therefrom are aggregated under paragraph 1(1) of Schedule 1 to the Social Security Act 1975, in respect of those employments, shall be calculated either in accordance with paragraph (1) or in accordance with paragraph (2) but not partly in accordance with one and partly in accordance with the other of those paragraphs.
Circumstances in which schemes may change mode of contracting-out
6
1
A scheme which has been contracted-out by virtue of section 32(2) of the 1975 Act may become contracted-out by virtue of section 32(2A) of that Act only if its trustees have been discharged of all liability to provide guaranteed minimum pensions.
2
A scheme which has been contracted-out by virtue of section 32(2A) of that Act may become contracted-out by virtue of section 32(2) of that Act only if its trustees have been discharged of all liability to give effect to protected rights.
Signed by authority of the Secretary of State for Social Services
Nicholas Scott
Minister of State,
Department of Health and Social Security
25th June 1987


text:
PART I:
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Agricultural Holdings (Arbitration on Notices) Order 1987 and shall come into force on 12th May 1987.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the 1986 Act ” means the Agricultural Holdings Act 1986;
“notice to remedy” means a notice served on the tenant of an agricultural holding for the purposes of Case D requiring him to remedy a breach of a term or condition of his tenancy;
“notice to do work” means a notice to remedy which requires the doing of any work of repair, maintenance or replacement;
“termination”, in relation to an arbitration, means the date on which the arbitrator’s award is delivered to the tenant.
2
Any reference in this Order to a numbered article shall be construed as a reference to the article bearing that number in this Order.
PART II:
NOTICES TO DO WORK
notices requiring arbitration
Notice where arbitration is available at the notice to remedy stage only
3
1
Where a tenant on whom a notice to do work has been served wishes to have determined by arbitration under the 1986 Act any of the following questions, namely —
a
his liability under the terms or conditions of his tenancy to do any of the work specified in the notice,
b
the deletion from the notice of any item or part of an item of work on the ground that it is unnecessary or unjustified, or
c
the substitution, in the case of any item or part of an item of work, of a different method or material for the method or material which the notice would otherwise require to be followed or used,
he shall do so by service of a notice requiring the question or questions to be determined by arbitration under the 1986 Act.
2
A notice under paragraph (1) above shall be in writing, and shall be served on the landlord within one month after the service on the tenant of the notice to do work.
3
A notice under paragraph (1) above shall specify, as the case may be —
a
any items in respect of which the tenant denies liability,
b
any items or parts of items which the tenant claims to be unnecessary or unjustified, and
c
any method or material in respect of which the tenant desires a substitution to be made.
Notice on other questions or in other cases
4
1
Where the tenant on whom a notice to do work has been served wishes to have determined by arbitration under the 1986 Act in addition to a question specified in article 3(1) any other question arising under that notice which is not a question so specified, he shall do so by serving on the landlord within one month after the service of the notice to do work a notice in writing requiring the question to be so determined.
2
Where the tenant on whom a notice to do work has been served does not wish any question specified in article 3(1) to be determined by arbitration under the 1986 Act but wishes to have determined by such arbitration any other question arising under that notice, he shall do so —
a
by serving on the landlord within one month after the service of the notice to do work a notice in writing requiring the question to be so determined, or
b
by serving a notice in accordance with article 9.
3
Nothing in this article shall preclude a tenant who has required arbitration under this article and who has been found liable to comply with a notice to do work or with any part of it from subsequently requiring arbitration under article 9 on the ground that, in consequence of anything happening before the expiration of the time for doing the work as extended by the arbitrator in pursuance of article 6(2), it would have been unreasonable to require the tenant to do the work within that time.
powers of arbitrator
Power to modify notice
5
In addition to any powers otherwise available to him, an arbitrator may —
a
in relation to any question specified in article 3(1)(b), modify a notice to do work by deleting any item or part of an item of work specified in the notice as to which, having due regard to the interests of good husbandry as respects the agricultural holding to which the notice relates and of sound management of the estate of which that holding forms part or which that holding constitutes, the arbitrator is satisfied that it is unnecessary or unjustified, and
b
in relation to a question specified in article 3(1)(c), modify a notice to do work by substituting, in the case of any item or part of an item of work specified in the notice, a different method or material for the method or material which the notice would otherwise require to be followed or used where, having regard to the purpose which that item or part is intended to achieve, the arbitrator is satisfied that —
i
the last-mentioned method or material would involve undue difficulty or expense,
ii
the first-mentioned method or material would be substantially as effective for that purpose, and
iii
in all the circumstances the substitution is justified.
supplementary
Extension of time for doing work
6
1
Where a tenant requires any question to be determined by arbitration under article 3 or 4, the time specified for doing the work which is the subject of the arbitration shall be extended until the termination of the arbitration.
2
Where the arbitrator finds that the tenant is liable to comply with a notice to do work or with any part of it, he shall extend the time for doing that work by such further period as he thinks fit.
Date of termination of tenancy on failure to do work
7
1
Where the time specified for doing any work is extended under article 6(2), the arbitrator may, either of his own motion or on the application of the landlord made not later than fourteen days after the termination of the arbitration, specify a date for the termination of the tenancy by notice to quit in the event of the tenant’s failure to do the work within the extended time.
2
A date specified under paragraph (1) above shall not be earlier than —
a
the date on which the tenancy could have been terminated by notice to quit served on the expiration of the time originally specified in the notice to do work, or
b
six months after the expiration of the extended time,whichever is the later.
3
Where the landlord applies to the arbitrator under paragraph (1) above, he shall at the same time give written notice of the application to the tenant (except where the application is made at the arbitration) and the tenant shall be entitled to be heard on the application.
4
A notice to quit on a date specified under paragraph (1) above shall be served on the tenant within one month after the expiration of the extended time, and shall (subject to any right to contest its effectiveness available to the tenant) be valid notwithstanding that it is served less than twelve months before the date on which the tenancy is to be terminated or that that date is not the end of a year of the tenancy.
Recovery of cost of work
8
Where, on an arbitration relating in whole or in part to the question specified in article 3(1)(a), it appears to the arbitrator that the tenant has done work required by a notice to do work which he was under no obligation to do, the arbitrator shall determine the reasonable cost of such work, which shall be recoverable from the landlord by the tenant in accordance with section 85(1) of the 1986 Act.
PART III:
NOTICES TO QUIT
arbitration concerning notices to quit
Notice requiring arbitration
9
Where it is stated in a notice to quit an agricultural holding or part thereof that the notice is given for one or more of the reasons specified in Case A, B, D or E and the tenant wishes to contest any question arising under the provisions of section 26(2) of, and Schedule 3 to, the 1986 Act relating to any of the reasons so stated, he shall within one month after the service of the notice serve on the landlord notice in writing requiring the question to be determined by arbitration under the 1986 Act.
Appointment of arbitrator
10
A notice under article 9 requiring arbitration under the 1986 Act shall cease to be effective three months after the date of the service of that notice unless before the expiry of those three months —
a
an arbitrator has been appointed by agreement between the parties, or
b
(in default of such agreement) an application has been made by the tenant or the landlord under paragraph 1 of Schedule 11 to that Act for the appointment of an arbitrator,
for the purposes of that arbitration.
Service of counter-notice
11
Where —
1
an arbitration is required under article 9 in respect of a notice to quit which is capable of taking effect either as a notice to quit to which section 26(2) of the 1986 Act applies or in the alternative as a notice to quit to which section 26(1) of that Act applies, and
2
in consequence of the arbitration that notice takes effect as a notice to quit to which section 26(1) applies,
the time within which a counter-notice may be served by the tenant on the landlord under section 26(1) of the 1986 Act shall be one month from the termination of the arbitration.
postponement of operation of notice to quit
During arbitration
12
Where a tenant requires a question arising out of a notice to quit to be determined by arbitration under article 9, the operation of the notice shall be suspended until —
a
the expiry of the time fixed in article 10 for appointing an arbitrator by agreement or for making an application under paragraph 1 of Schedule 11 to the 1986 Act, or
b
where any such appointment or application has been duly made, the termination of the arbitration.
After arbitration or proceedings
13
1
Where —
a
a notice to quit has effect in consequence of an arbitration under article 9, or the Tribunal have consented to the operation of the notice under section 26(1) or 28(2) of the 1986 Act or article 15(5), and
b
the notice would, but for the provisions of this article, come into operation on or within six months after the termination of the arbitration, or the giving of the consent,
the arbitrator or the Tribunal may, either of his or their own motion or on the application of the tenant made not later than fourteen days after the termination of the arbitration or the giving of the consent, postpone the termination of the tenancy for a period not exceeding twelve months.
2
Where the tenant applies to the arbitrator or the Tribunal under paragraph (1) above, he shall at the same time give written notice of the application to the landlord (except where the application is made at the arbitration or at the hearing before the Tribunal) and the landlord shall be entitled to be heard on the application.
extension of time under notice to remedy after notice to quit
Extension by arbitrator
14
Where —
a
notice to quit is stated to be given by reason of the tenant’s failure to remedy a breach of any term or condition of his tenancy —
i
within the time specified in a notice to remedy, or
ii
within that time as extended by the landlord, or in pursuance of article 6 or of this article, and
b
it appears to the arbitrator on an arbitration under article 9 that, notwithstanding that the time originally specified or extended was reasonable, it would, in consequence of anything happening before the expiration of that time, have been unreasonable to require the tenant to remedy the breach within that time,
the arbitrator may treat the time as having been extended, or further extended, and may make his award as if the time had not expired; and where the breach has not been remedied at the date of the award, the arbitrator may extend the time by such period as he considers reasonable, having regard to the length of time which has elapsed since the service of the notice to remedy.
Termination of tenancy following extension
15
1
Where the time specified for doing any work is extended under article 14, the arbitrator may, either of his own motion or on the application of the landlord made not later than fourteen days after the termination of the arbitration, specify a date for the termination of the tenancy by a subsequent notice to quit in the event of the tenant’s failure to do the work within the extended time.
2
A date specified under paragraph (1) above shall not be earlier than —
a
the date on which the tenancy could have been terminated by the original notice to quit (that is, the notice which was the subject of the arbitration), or
b
six months after the expiration of the extended time,
whichever is the later.
3
Where the landlord applies to the arbitrator under paragraph (1) above, he shall at the same time give written notice of the application to the tenant (except where the application is made at the arbitration) and the tenant shall be entitled to be heard on the application.
4
A notice to quit on a date specified under paragraph (1) above shall be served on the tenant within one month after the expiration of the extended time, and, subject to paragraph (5) below, shall be valid notwithstanding it is served less than twelve months before the date on which the tenancy is to be terminated or that that date is not the end of a year of the tenancy.
5
Where a subsequent notice to quit is given in accordance with paragraph (1) above in a case where the original notice to quit included a statement in accordance with Case D to the effect that it was given by reason of the tenant’s failure to comply with a notice to do work, then, if the tenant serves on the landlord a counter-notice in writing within one month after the giving of the subsequent notice to quit (or, if the date specified in that notice for the termination of the tenancy is earlier, before that date), the subsequent notice to quit shall not have effect unless the Tribunal consent to its operation.
6
On an application made for the consent of the Tribunal under paragraph (5) above on the part of the landlord, the Tribunal shall consent to the operation of the notice to quit unless it appears to them, having regard —
a
to the extent to which the tenant has failed to comply with the notice to do work,
b
to the consequences of his failure to comply with it in any respect, and
c
to the circumstances surrounding any such failure,
that a fair and reasonable landlord would not insist on possession.
supplementary
Notice to sub-tenants
16
1
Section 26(1) of the 1986 Act shall not apply where notice to quit an agricultural holding or part thereof is given to a sub-tenant by a tenant who has himself been given notice to quit that holding or part thereof and the fact that the tenant has been given such notice is stated in the notice given to the sub-tenant.
2
Such a notice given to a sub-tenant shall have effect only if the notice to quit given to the tenant by the landlord itself has effect.
3
Where a tenant accepts notice to quit part of a holding as notice to quit the whole under section 32 of the 1986 Act, then, for the purpose of this article, the notice given by him shall be deemed to be a notice to quit the entire holding.
Service men
17
1
In any case to which, notwithstanding the existence of any such circumstances as are mentioned in Cases B to G, section 26(1) of the 1986 Act applies by virtue of the modification of that section by paragraph 3 of Schedule 5 to that Act, paragraphs (2) to (4) below shall have effect.
2
Where, on an application by the landlord for the consent of the Tribunal to the operation of a notice to quit, it appears to the Tribunal that the notice to quit was given for one or more of the reasons specified in Case B, D or E, and that it is expedient that any question arising under the provisions of section 26(2) of, and Schedule 3 to, the 1986 Act relating to any of the reasons so stated should be determined by arbitration between the landlord and tenant under that Act before the Tribunal consider whether to grant or withhold consent to the operation of the notice to quit, they may require that the question be determined accordingly.
3
Article 9 shall apply with the addition of the following words —
“so, however, that the tenant’s failure to serve such a notice shall not affect his right to contest the question in proceedings before the Tribunal consequent upon the service of a counter-notice under section 26(1) of the 1986 Act or in any arbitration by which the Tribunal may require any such question to be determined”.
4
Article 11 shall not apply, but where a tenant requires a question to be determined by arbitration in pursuance of article 9, the time within which a counter-notice under section 26(1) of the 1986 Act may be served by the tenant on the landlord under that subsection shall be one month from the termination of the arbitration.
PART IV:
REVOCATION
Revocation
18
The Agricultural Holdings (Arbitration on Notices) Order 1978 and the Agricultural Holdings (Arbitration on Notices) (Variation) Order 1984 are hereby revoked, but without prejudice to their application in relation to notices to do work and notices to quit which have been served before the commencement of this Order, and to any proceedings relating to or consequent upon any such notices.
Hailsham of St. Marylebone, C.
Dated 8th April 1987


text:
Title, extent and commencement
1
This Order may be cited as the Import and Export (Plant Health Fees) (England and Wales) Order 1987, shall apply to England and Wales and shall come into force on 1st April 1987.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“alternative fee” means a fee prescribed in column 4 of Schedule 1;
“the appropriate Minister” means, in relation to England, the Minister and, in relation to Wales, the Secretary of State for Wales;
“basic fee” means a fee prescribed in column 3 of Schedule 1;
“certificate” means a phytosanitary certificate or a re-forwarding phytosanitary certificate;
“district” means, in Wales, a community and, in England, a parish or where there is no parish a district ward;
“financial year” means the twelve months ending with 31st March;
“import licence” means a licence issued by the appropriate Minister under article 17 of the Import and Export (Plant Health) (Great Britain) Order 1980 ;
“micro-plant” means a micro-propagated plant in vitro or a plant which is —
produced by micro-propagation,
weaned, and
not more than 5 centimetres in height;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“national list” means a list of plant varieties prepared and published in a Member State which corresponds to that prepared and published under regulation 4 of the Seeds (National List of Varieties) Regulations 1982 ;
“phytosanitary certificate” means a phytosanitary certificate issued by an inspector or other officer of the appropriate Minister under article 9 of the Import and Export (Plant Health) (Great Britain) Order 1980 and “re-forwarding phytosanitary certificate” means a re-forwarding phytosanitary certificate issued by such an inspector or officer under that article;
“premises” includes any land, building, vessel, vehicle, aircraft, hovercraft or freight container;
“reduced fee” means a fee equal to one-half of a basic fee or an alternative fee;
“small consignment” means a consignment —
of the following articles not more than 100 that is to say plants, fruits, bulbs, corms, rhizomes, tubers, bud sticks or cut flowers, or
of the following articles not more than 1,000 that is to say rooted seedlings, or rooted or unrooted cuttings, not more than 15 centimetres in height or micro-plants, or
whose gross value, to the satisfaction of the appropriate Minister, is less than £100;
“soil” includes any growing medium;
“stock” means the whole or part of a single crop of a single cultivar from a single field.
2
Where a fee prescribed by this Order is prescribed in relation to an inspection, examination or test as well as the issue of a certificate, the refusal to issue a certificate by reason of the results of the inspection, examination or test being unsatisfactory shall not affect the amount of the fee otherwise payable.
3
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Fees for export certification services
3
Subject to the following provisions of this Order, there shall be paid to the Minister in respect of any service described in column 2 of Schedule 1 the basic fee prescribed opposite the reference to that service.
Alternative fees for export certification services
4
1
Subject to the following provisions of this Order where —
a
opposite the reference to any service described in column 2 of Schedule 1 there is also prescribed an alternative fee, and
b
the applicant applies for the performance of more than one such service, or more than one performance of any such service, under a single application, and
c
two or more such services are performed consecutively
there shall be paid to the Minister, in place of the basic fee, the alternative fee so prescribed.
2
Paragraph (1) above shall not apply to —
a
the first, fifteenth and twenty-ninth service nor to any other service which follows this sequence (that is to say every 14th service), other than a service described in column 2 of Schedule 1 opposite item number 9, or
b
the first service, being a service described opposite the said item 9.
3
Where the applicant applies, under a single application —
a
for the performance of more than one of the services described in column 2 of Schedule 1 opposite item numbers 1, 2 and 3, or more than one performance of any of those services, or
b
for more than one performance of the service described in column 2 of Schedule 1 opposite item number 5
the services shall, for the purposes of paragraphs (1) and (2) above, be treated as performed consecutively whether or not they are so performed.
4
No application shall be treated as an application made for the purposes of this article unless the services are to be performed on premises farmed, worked, occupied or administered as a single unit within the same district or any district adjoining it.
5
For the purposes of this article services shall be treated as performed consecutively if —
a
they are performed in immediate succession, or
b
notwithstanding that they are not so performed, the articles in respect of which the services are performed were so presented by the applicant as to have enabled the services to be performed in immediate succession.
Further provisions for the payment of alternative fees
5
1
Where an inspector is on any premises for the purpose of performing any service for which a fee is payable to the Minister otherwise than under this order as well as any service for which a fee is prescribed in Schedule 1, there shall be paid to the Minister, in place of the basic fee, the alternative fee prescribed opposite the reference to the appropriate service.
2
Without prejudice to article 7, where an inspector is on any premises for the purpose of performing any service for which a fee is prescribed in Schedule 2 as well as a service for which a fee is prescribed in Schedule 1, there shall be paid to the Minister, in place of the basic fee, the alternative fee prescribed opposite the reference to the appropriate service.
Reduced fees for export certification services
6
1
Subject to paragraph (2) below, there shall be paid to the Minister, in place of any basic fee or alternative fee, a reduced fee where the appropriate Minister is satisfied that —
a
the applicant is not a taxable person for the purposes of the Value Added Tax Act 1983 or if he is a taxable person, he makes no taxable supplies of plants, plant products, soil or agricultural machinery for the purposes of that Act, or
b
the gross value of the articles exported, or sold for export, by the applicant from Great Britain and accompanied by a certificate in the previous financial year was less than £5,000.
2
Paragraph (1) above shall not apply in respect of services performed in any financial year the reduced fees for which would cause the total amount of the reduced fees, otherwise payable by the applicant under that paragraph, to exceed £250 in that financial year.
Fees for import licensing services
7
Subject to the following provisions of this Order, there shall be paid to the Minister in respect of any service described in column 2 of Schedule 2 the fee prescribed in column 3 of Schedule 2 opposite the reference to that service.
Time for payment of fees
8
The fees prescribed in Schedule 1 shall be paid on demand made by the Minister and the fees prescribed in Schedule 2 shall be paid at the time of application for the services to which they relate.
Refund of fees
9
If an application for a service described in column 2 of Schedule 2 is withdrawn by a written request made by the applicant and received by the appropriate Minister within 7 days of the date of the application, the fee paid under article 7 less an amount of £5 shall be refunded to the applicant.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th February 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
Nicholas Edwards
Secretary of State for Wales
2nd March 1987


text:
Citation and interpretation
1
1
This Order may be cited as the Transport Act 1985 (Commencement No.7) Order 1987.
2
In this Order, “the 1985 Act ” means the Transport Act 1985.
Commencement of provisions
2
1
The 1985 Act, except to the extent it is already in force and except for the provisions specified in paragraph (2) of this article, shall come into force on 13th August 1987.
2
The provisions of the 1985 Act not already in force and excepted from coming into force under this Order are:
a
section 139(3) in so far as it relates to the provision of Schedule 8 specified in sub-paragraph (b) of this paragraph; and
b
in Schedule 8, the repeal of the words “such number of” and “as they think fit” in section 37 of the Town Police Clauses Act 1847 .
Transitional Provision
3
There shall be added to regulation 5(3) of the Motor Vehicles (Tests) Regulations 1981 the following sub-paragraph:
or (c) section 21(2) of the Transport Act 1985 (a small bus operating under a permit granted under section 19 of that Act).
.
Signed by authority of the Secretary of State
David B. Mitchell
Minister of State
Department of Transport
14th July 1987


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


text:
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Application to Customs and Excise) Order 1987 and shall come into force on 7th April 1987.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Police and Criminal Evidence Act 1984;
“the principal Order ” means the Police and Criminal Evidence Act 1984 (Application to Customs and Excise) Order 1985 .
3
The following section of the Act shall be added to Schedule 1 to the principal Order (provisions of the Act applied to Customs and Excise) —
“Section 107”.
4
The following equivalent grades shall be added to part 2 of Schedule 2 to the principal Order —
Column 1 Column 2
chief inspector higher executive officer chief superintendent grade 7
Tim Sainsbury
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment ( No. 4) Regulations 1987 and shall come into force on 6th January 1988.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 8 of the principal Regulations
2
In regulation 8 of the principal Regulations (equivalent amounts) —
a
in paragraph (2)(c) for the words “applying sub-paragraph (b) of this paragraph” there shall be substituted the words “multiplying each of the said limits by 4 1/3”;
b
in paragraph (3) for the words “the last preceding paragraph” there shall be substituted the words “paragraph (2) of this Regulation”.
Amendment of regulation 8A of the principal Regulations
3
In regulation 8A of the principal Regulations (equivalent earnings brackets for earners paid otherwise than weekly, —
a
in paragraph (3)(c) for the words “applying sub-paragraph (b) of this paragraph” there shall be substituted the words “multiplying each lower bracket by 4 1/3”;
b
in paragraph (4) for the words “the last preceding paragraph” there shall be substituted the words “paragraph (3) of this Regulation”.
Insertion of regulation 19B in the principal Regulations
4
After regulation 19A of the principal Regulations (certain payments by trustees to be disregarded) there shall be inserted the following regulation: —
Payments to directors which are to be disregarded
19B
1
For the purposes of earnings-related contributions, there shall be excluded from the computation of a person’s earnings any payment in so far as it is a payment —
a
by a company,
b
to or for the benefit of a director of that company,
c
in respect of any employed earner’s employment of that director with that company, and
d
in respect of which the conditions set out in paragraph (2), (3) or (4) of this regulation are satisfied.
2
The conditions referred to in paragraph (1) of this regulation as being set out in this paragraph are —
a
that the director is a partner in a firm carrying on a profession;
b
that being a director of a company is a normal incident of membership of that profession and of membership of the firm of the director;
c
that the director is required by the terms of his partnership to account to his firm for the payment; and
d
that the payment forms an insubstantial part of the gross returns of that firm.
3
The conditions referred to in paragraph (1) of this regulation as being set out in this paragraph are —
a
that the director was appointed to that office by a company having the right to do so by virtue of its shareholding in, or an agreement with, the company making the payment;
b
that by virtue of an agreement with the company that appointed him, the director is required to account for the payment to that company; and
c
that the payment forms part of the profits brought into charge to corporation tax or income tax of the company that appointed the director.
4
The conditions referred to in paragraph (1) of this regulation as being set out in this paragraph are —
a
that the director was appointed to that office by a company other than the company making the payment;
b
that by virtue of an agreement with the company that appointed him, the director is required to account for the payment to that company;
c
that the payment forms part of the profits brought into charge to corporation tax of the company that appointed the director; and
d
that the company that appointed the director is not one over which —
i
the director has, or
ii
any person connected with the director has, or
iii
the director and any persons connected with him together have,
control.
5
In this regulation —
a
in pararaphs (2), (3), (4) and (5) (b) the expression “the director” means the director to or for the benefit of whom the payment referred to in paragraph (1) is made; and
b
in paragraph (4)(d) —
i
“control” has the same meaning as in section 534 of the Income and Corporation Taxes Act 1970 ;
ii
“any person connected with the director” means any of the following, namely the spouse, parent, child, son-in-law or daughter-in-law of the director.
.
Amendment of regulation 23 of the principal Regulations
5
In paragraph (1)( a ) of regulation 23 of the principal Regulations (exception from liability for Class 2 contributions) for the words “sickness benefit, invalidity benefit or injury benefit” there shall be substituted the words “sickness benefit or invalidity benefit”.
Amendment of regulation 32 of the principal Regulations
6
In paragraph (4) of regulation 32 of the principal Regulations (return of contributions) for the words from “Contributions paid” to the words “recovered from him” there shall be substituted the words “Contributions paid by a secondary contributor on behalf of any person in error or in excess of the amount prescribed in regulation 17 of these regulations, and not recovered from that person,”.
Amendment of regulation 39 of the principal Regulations
7
In regulation 39 of the principal Regulations (treatment for the purposes of any contributory benefit of late paid or unpaid primary Class 1 contributions where there was no consent, connivance or negligence by the primary contributor) —
a
the words, “maternity grant” shall be omitted;
b
in paragraph ( a ) for the words “, sickness benefit or maternity grant” there shall be substituted the words “or sickness benefit”.
Amendment of regulation 121 of the principal Regulations
8
In paragraph (1)( a ) of regulation 121 of the principal Regulations (Class 2 and Class 3 contributions for periods abroad) for the words “otherwise than as an employed earner” there shall be substituted the words “in employment which is not employment in respect of earnings from which Class 1 contributions are payable”.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under Secretary of State,
Department of Health and Social Security
8th December 1987


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (No.2) Amendment No.2 Order 1987 and shall come into force on 28th September 1987.
2
In this Order the “principal Order” means the Food Protection (Emergency Prohibitions) (No.2) Order 1987 .
Designated incident
2
In the opinion of the Secretary of State, food in the areas described in the Schedule to the principal Order, or which is derived from anything in those areas, is or may be unsuitable for human consumption in consequence of the following escape of substances: —
the escape on or after 26th April 1986 of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.
Amendment of the principal Order
3
1
In article 4 of the principal Order 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 from any 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; or
b
any sheep which —
i
was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark or with a blue mark, and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
2
In article 5 of the principal Order for paragraph (2) there shall be substituted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of any sheep which was movedfrom any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark or with a green mark or with a blue mark.
.
3
In article 6 of the principal Order 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 from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; or
b
any sheep which —
i
was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark or with a blue mark, and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
D.J. Essery
Under Secretary, Scottish Office
New St Andrew’s House,
Edinburgh
25th September 1987