type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Borough of South Ribble (Electoral Arrangements) Order 1987.
2
This Order shall come into force on 7th May 1987, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day it shall come into force forthwith.
3
1
The existing wards of the Borough of South Ribble shall be abolished and that borough shall be divided into twenty-two wards which shall bear the names set out in column 1 of Schedule 1 to this Order, and each such ward shall comprise the areas specified in column 2 of that Schedule opposite to the name of the ward as given in column 1, which areas are as they will be constituted on 1st April 1987 when Articles 4, 5 and 6 of the South Ribble (Parishes) Order 1987 and Articles 4 and 5 of the Lancashire (District Boundaries) Order 1986 come into force.
2
The number of councillors to be elected for each ward constituted by paragraph (1) above shall be the number specified in column 2 of Schedule 2 to this Order opposite to the name of the ward as given in column 1 of that Schedule.
4
Where a boundary is described in Schedule 1 to this Order as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line thereof.
5
The ordinary elections of all councillors for the Borough of South Ribble shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 1987 and every fourth year thereafter.
6
The registration officer shall make such re-arrangement or alteration of the register of local government electors as may be necessary on account of the coming into force of this Order.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State Home Office
9th March 1987


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services Act 1986 (Overseas Investment Exchanges and Overseas Clearing Houses) (Periodical Fees) Regulations 1987 and shall come into force on 8th January 1988.
Prescription of periodical fees
2
1
An overseas investment exchange and an overseas clearing house shall pay to the Secretary of State a periodical fee of £5,000.
2
The first periodical fee payable by an overseas investment exchange or an overseas clearing house shall be payable on the date on which it becomes an overseas investment exchange or an overseas clearing house as the case may be and each subsequent periodical fee shall be payable at the end of each successive period of twelve months.
Francis Maude
Parliamentary Under Secretary of State,
Department of Trade and Industry
9th December 1987


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1987 and shall come into force on 6th April 1987.
2
In this Scheme the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .
Amendment of Article 18 of the principal Scheme
2
In Article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£1,326” there shall be substituted the amount “£1,352”.
Abolition of funeral grants
3
1
The principal Scheme shall be amended in accordance with the following provisions of this Article.
2
Article 40 (funeral grants), and paragraph 12 of Schedule 4 are hereby revoked.
3
In Article 53 the words “(other than a funeral grant)” and the words “and the expression “funeral grant” means a funeral grant under Article 40” shall be omitted.
4
In Article 54(3) the words “or of a funeral grant” shall be omitted.
5
In Article 58(1) the words “(other than a funeral grant)” shall be omitted.
6
In Article 63(1) and (2) the words “or funeral grant” shall be omitted wherever they appear.
7
In Article 66(1) the words “or funeral grant” shall be omitted wherever they appear.
8
In Article 67(1) and (2) the words “or funeral grant” shall be omitted wherever they appear.
9
In Article 79 the words “or funeral grant” shall be omitted wherever they appear.
Substitution of Schedules 3 and 4 to the principal Scheme
4
For Schedules 3 and 4 to the principal Scheme (rates of pensions and allowances payable in respect of disablement and death) there shall respectively be substituted the Schedules set out in the Schedule hereto and numbered 3 and 4.
Signed by authority of the Secretary of State for Social Services.
Trumpington
Parliamentary Under-Secretary of State,
Department of Health and Social Security
6th February 1987
We consent,
Tim Sainsbury
Michael Neubert
Two of the Lords Commissioners of Her Majesty`s Treasury
11th February 1987


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cambridge Water (Hinxton Borehole) Order 1987 and shall come into force on the 30th November 1987.
2
This Order shall be included among the enactments which may be cited together as the Cambridge Water Acts and Orders 1853 to 1987.
3
In this Order —
“the Company” means the Cambridge Water Company;
“the Third Schedule” means the Third Schedule to the Water Act 1945;
“the undertaking” means the undertaking of the Company as for the time being authorised by any enactment.
Power to construct, continue and maintain works
2
The Company may —
a
continue and maintain the existing borehole on or under the land described in Schedule 1 to this Order and construct, continue and maintain on or under that land a pumping station and pumping plant for the purpose of abstracting water from that borehole;
b
construct, continue and maintain 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 wells, boreholes, adits and headings as may be necessary or expedient for augmenting, improving or maintaining the supply of water obtainable by means of that borehole.
Works to form part of the undertaking
3
The works authorised by this Order shall for all purposes form part of the undertaking.
Application of certain provisions of the Third Schedule
4
The provisions of the Third Schedule specified in column (1) of Schedule 2 to this Order shall apply to the undertaking, subject to the modifications set out in column (2) thereof.
Signed by authority of the Secretary of State
J. A. L. Gunn
An Under Secretary in the
Department of the Environment
20th November 1987


text:
1
This Order may be cited as the Estate Duty (Interest on Unpaid Duty) Order 1987 and shall come into force on 6th June 1987.
2
The rate of interest payable under the following enactments, namely:
a
section 18 of the Finance Act 1896 ;
b
section 61(5) of the Finance (1909 — 10) Act 1910 ; and
c
section 17(3) of the Law of Property Act 1925 and section 73(6) of the Land Registration Act 1925 ,shall, as regards interest accruing on or after 6th June 1987 be 6 per cent. per annum.
3
Section 8(9) of the Finance Act 1894 shall, as regards interest accruing on or after 6th June 1987, have effect with the substitution of the word “six” for the word “eight”.
Peter Lloyd
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
13th May 1987


text:
Citation and commencement
1
1
This Order may be cited as the Hartlepools Water (Red Barns Borehole) Order 1987 and shall come into force on 8th September 1987.
2
The Hartlepools Water (Consolidation, etc. ) Order 1986 , the enactments mentioned in Part III of Schedule 4 to that Order (being protective provisions expressly excluded from repeal by that Order) and this Order may be cited together as the Hartlepools Water Acts and Orders 1874 to 1987.
Interpretation
2
In this Order —
“Company” means the Hartlepools Water Company;
“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 Hartlepools Water (Red Barns Borehole) Order 1987” one duplicate of which is deposited and is available for inspection at the principal office of the Company and the other at the offices of the Secretary of State for the Environment;
“land” means the land described in Schedule 1 to this Order;
“Third Schedule” means the Third Schedule to the Water Act 1945;
“undertaking” means the undertaking of the Company for the time being authorised by any enactment.
Application of provisions of Third Schedule
3
For the purpose of this Order the provisions of the Third Schedule which are specified in column (1) of Schedule 2 to this Order shall, subject to the modifications set out in column (2) of that Schedule, apply to the undertaking and are hereby incorporated with this Order.
Power to continue, construct and maintain works
4
1
The Company, being the owner of the land, may —
a
continue and maintain the existing borehole which has been constructed on or under the land;
b
construct and maintain on or under the land (in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking) all such wells, boreholes, adits and headings as may be necessary or expedient for augmenting or improving the supply of water obtainable by means of the borehole authorised by this Order to be continued and maintained.
2
The works authorised by this Order shall for all purposes be deemed to form part of the undertaking.
Costs of Order
5
The costs, charges and expenses preliminary to and of and incidental to the preparing, applying for, obtaining and making of this Order shall be paid by the Company and may be paid by them in whole or in part out of revenue.


text:
1
This Order shall come into force on 1st January 1988 and may be cited as the Reciprocal Enforcement of Foreign Judgments (Canada) (Amendment) Order 1987.
2
The Reciprocal Enforcement of Foreign Judgments (Canada) Order 1987 shall be amended by adding at the end of article 3 (which names the Canadian courts, including the courts of Provinces, which are to be recognised courts for the purposes of Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933) the words “or the Yukon Territory”.
G.I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 1987, and shall come into force on 1st January 1988.
2
In this Order —
“ the Act ” means the Social Security Pensions Act 1975;
“revaluation period” and “revaluation year” have the same meaning as in section 52A(2) of the Act.
Revaluation percentage
2
For the purposes of sections 52A and 52B of, and Schedule 1A to, the Act, and in respect of the revaluation year beginning on 1st January 1987, the revaluation percentage in respect of a revaluation period set out in the first column of the Schedule to this Order shall be the percentage set opposite that period in the second column of that Schedule.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
23rd November 1987


text:
Citation and commencement
1
This Order may be cited as the Trafford Park Development Corporation (Planning Functions) Order 1987 and shall come into force on 15th May 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 of land designated as an urban development area by the Trafford Park Development Corporation (Area and Constitution) Order 1986 ;
“the development corporation” means the Trafford Park Development Corporation.
Planning functions of the development corporation
3
Subject to the provision 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 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 or approval or determination under the 1971 Act or any order or regulations made, or having effect under that Act, which was duly made before this Order came into force —
a
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
which 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, or under that section as applied by any other provision of that 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 shall remain liable to pay any compensation arising from the order.
Nicholas Ridley
Secretary of State for the Environment
21st April 1987


text:
1
This Order may be cited as the Consumer Credit (Exempt Agreements) (No. 2) (Amendment) Order 1987 and shall come into force on 1st October 1987.
2
The Consumer Credit (Exempt Agreements) (No. 2) Order 1985 is hereby amended as follows —
a
in Article 2(2) by inserting, after the words “a building society authorised under the Building Societies Act 1986”, the words “or an authorised institution under the Banking Act 1987 or a wholly-owned subsidiary of such an institution”;
b
in Part I of the Schedule, in the list of Insurance Companies —
i
by omitting the name “World-Wide Assurance Company Limited” and substituting therefor the name “World-Wide Reassurance Company Limited”; and
ii
by inserting, at the appropriate place in alphabetical order, the name “National House-Building Council”;
c
in the said Part I of the Schedule, in the list of Friendly Societies, by inserting at the appropriate place in alphabetical order the name “Independent Order of Oddfellows Kingston Unity Friendly Society”; and
d
in Part II of the Schedule, in the list of bodies corporate named or specifically referred to in a public general Act (United Kingdom) by omitting the entries relating to —
Barclays Bank PLC
Coutts Finance Co.
The Royal Bank of Scotland p.l.c.
TSB England & Wales public limited company
TSB Northern Ireland public limited company
TSB Scotland public limited company
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
7th September 1987


text:
Title and commencement
1
These Regulations may be cited as the Milk (Community Outgoers Scheme) (England and Wales) (Amendment) Regulations 1987 and shall come into force on 13th March 1987.
Amendment of principal Regulations
2
1
The Milk (Community Outgoers Scheme) (England and Wales) Regulations 1986 shall have effect with the following amendments.
2
In regulation 4 —
a
in paragraphs (1) and (3)(a), for the number “2.618” there shall be substituted the number “3.927”;
b
in paragraph (3)(b), for the number “18.326” there shall be substituted the number “27.489”.
3
In regulation 6(2) for the words “31st January 1987” there shall be substituted the words “13th March 1987”.
4
In regulation 7(1) for the words “31st January 1987” there shall be substituted the words “13th March 1987”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th March 1987.
John Selwyn Gummer
Minister of State, for the Minister of Agriculture, Fisheries and Food
Nicholas Edwards
Secretary of State for Wales
12th March 1987


text:
Citation and commencement
1
This Act of Sederunt may be cited as the Act of Sederunt (Sessions of Court and Sederunt Days) 1987 and shall come into force on 1st January 1988.
Sessions of court 1988
2
The ordinary sessions of the Court of Session during 1988 shall extend —
a
from Tuesday 5th January to Saturday 26th March;
b
from Tuesday 26th April to Saturday 16th July;
c
from Tuesday 27th September to Wednesday 21st December.
Sederunt days
3
The ordinary sessions of the Court of Session shall extend to and include each Thursday of each vacation (Easter and Summer).
And the Lords appoint this Act of Sederunt to be inserted in the Books of Sederunt.
Emslie
Lord President,I.P.D.
Edinburgh
20th January 1987


text:
Application, citation and commencement
1
1
This Order shall apply to the Teesside urban development area.
2
This Order may be cited as the Town and Country Planning (Teesside Urban Development Area) Special Development Order 1987 and shall come into force on 1st September 1987.
Interpretation
2
In this Order, unless the context otherwise requires —
“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 Teesside Development Corporation (Area and Constitution) Order 1987
“the development corporation” means the Teesside Development Corporation;
“the General Development Order ” means the Town and Country Planning General Development Order 1977 and expressions used in this Order shall have the meaning which they bear in the General Development Order;
“new street” has the same meaning as in Part X of the Highways Act 1980 and
“unapproved means of access” means a means of access which is not shown in a proposal approved by the Secretary of State under section 148(1) of the 1980 Act.
Permitted development
3
Subject to the following provisions of this Order development within the development area in accordance with proposals approved by the Secretary of State under section 148(1) of the 1980 Act (not being development for which permission under the 1971 Act is granted or deemed to be granted otherwise than by this Order) is hereby permitted subject to such of the limitations and conditions set out in articles 4 to 6 of this Order as are applicable to that development and subject —
a
to the development being begun within the period of five years beginning with the date on which the proposal for such development is approved by the Secretary of State or such other period (whether longer or shorter) beginning with that date as may be specified in the proposal as approved;
b
where the development consists of or includes the erection, extension or alteration of any buildings, and is not to be carried out by the development corporation, to the approval by the corporation of the siting, design and external appearance of the buildings, means of access, provision for vehicle parking and for loading, unloading and storage of vehicles and containers, storage of materials in the open and landscaping of the site; and
c
where the development consists of or includes the formation, laying out or alteration of a means of access to any highway used by vehicular traffic or the laying out of a new street, and the development is not to be carried out by the development corporation, to the approval by the corporation of detailed plans thereof.
Exception where section 45 order previously made
4
Where planning permission for development has been revoked by an order made under section 45 of the 1971 Act, this Order shall not permit the carrying out of development of the description which was authorised by the revoked permission on the land to which that permission applied.
Exception where section 51 order previously made
5
Where, by virtue of an order under section 51 of the 1971 Act, the use of land for any purpose is required to be discontinued, or any conditions are imposed on the continuance thereof, or where any buildings or works are required to be altered or removed, nothing in this Order shall permit the carrying out of any development which would result in the resumption of the use of the land or the replacement or restoration of the buildings or works, as the case may be, as they were before the order took effect.
Consultation before development
6
1
The development corporation shall before beginning any development permitted by this Order or granting any approval required by article 3(b) or (c) of this Order, consult the district council in whose area the development is to be carried out.
2
The development corporation shall, before beginning any development permitted by this Order or granting any approval required by article 3(b) or (c) of this Order, consult the following authorities or persons: —
a
in the case of development consisting of the formation, laying out or alteration of an unapproved means of access to a trunk road, the Secretary of State;
b
where it appears to the development corporation that the development is likely to result in a material increase in the volume of traffic entering or leaving a trunk road or using a level crossing over a railway, the Secretary of State;
c
subject to paragraph (3) below in the case of development involving the formation, laying out or alteration of any means of access to a highway, or to a proposed road the route of which has been adopted by resolution of the local highway authority and notified to the development corporation, the local highway authority;
d
in the case of development which appears to the development corporation to be likely to result in a material increase in the volume of traffic entering or leaving a classified road or proposed road, the route of which has been adopted by resolution of the local highway authority and notified to the corporation, to prejudice the improvement or construction of such a road or to result in a material change in the character of traffic entering, leaving or using such a road, the local highway authority;
e
in the case of development consisting of the laying out or construction of a new street, the local highway authority;
f
in the case of development which appears to the development corporation likely to affect land outside their area, the district council in whose area that land is situated, unless they have otherwise been formally consulted;
g
where the development consists of or includes —
i
the carrying out of works or operations in the bed or on the banks of a river or stream;
ii
the carrying out of building or other operations or the use of land for the purpose of refining or storing mineral oils and their derivatives;
iii
the use of land for the deposit of any kind of refuse or waste;
iv
the carrying out of building or other operations (other than the laying of sewers, the construction of pump houses in a line of sewers, the construction of septic tanks and cesspools serving single dwelling-houses or single buildings in which not more than ten people will normally reside, work or congregate and works ancillary thereto), or the use of land, for the retention, treatment or disposal of sewage, trade waste or sludge; or
v
the use of land as a cemetery,
the Northumbrian Water Authority;
h
where the development is of land in an area of special interest notified to the development corporation by the Nature Conservancy Council in accordance with section 28 of the Wildlife and Countryside Act 1981 the Nature Conservancy Council, except where the Council dispense with this requirement;
i
where the development is of any land on which there is a theatre, as defined in the Theatres Trust Act 1976 the Theatres Trust;
j
where the development consists of or includes —
i
the winning and working of minerals;
ii
the use of land or the carrying out of operations in or on land for the deposit of refuse or waste materials; or
iii
the erection of any building, plant or machinery to be used wholly or mainly for the purpose of treating, storing, processing or disposing of refuse or waste materials,
the Cleveland County Council;
k
where the development is of land within the harbour as defined in section 3 of the Tees and Hartlepool Port Authority Act 1966 the Tees and Hartlepool Port Authority;
l
in the case of development or a class of development specified in any direction for the time being in force under the General Development Order by which the development corporation are required to consult with any authority or person, that authority or person.
3
Consultation shall not be required by virtue of paragraph (2)(c) above in relation to —
a
a highway for which the Secretary of State is the highway authority; and
b
a highway shown in proposals approved by the Secretary of State under section 148(1) except where those proposals require consultation.
4
Where this Order requires the development corporation to consult any authority or other person, the corporation shall —
a
give to that authority or other person not less than 14 days' notice of the proposed development together with particulars sufficient to identify the site and describe the development; and, where the consultation relates to an approval required by article 3(b) or (c) of this Order, particulars of the proposed approval;
b
not begin to carry out the development or grant the proposed approval until the expiration of the period of such notice; and
c
take into account any objections or other representations received from such authority or person.
5
Where any objection or representation has been made by an authority or other person consulted as aforesaid and has not been withdrawn, the development corporation shall send particulars of the proposed development and, where applicable, of the proposed approval under article 3(b) or (c) of this Order, and of the objection or representation to the Secretary of State in writing, and shall not begin the development or grant any such approval until the Secretary of State has notified the corporation that he does not intend to give a direction under article 7 of this Order in respect of the development.
Directions restricting development permitted by this Order
7
1
If the Secretary of State is satisfied that it is expedient that any development permitted by article 3 of this Order should not be undertaken unless permission is granted on an application in that behalf, he may direct that the permission granted by that article shall not apply to that development.
2
Notice of a direction given by the Secretary of State under this article shall, except in the case of development to be carried out by the development corporation, be served by the development corporation on the owner and occupier of every part of the land affected, and such direction shall come into force in respect of any part of the land on the date on which notice thereof is served on the occupier of that part or, if there is no occupier, on the owner.
Nicholas Ridley
Secretary of State for the Environment
29th July 1987


text:
1
This Order may be cited as the Value Added Tax (Terminal Markets) (Amendment) Order 1987 and shall come into force on 1st June 1987.
2
Paragraph (2) of article 2 of the Value Added Tax (Terminal Markets) Order 1973 shall be amended by adding the words “and the London Platinum and Palladium Market.”.
Tim Sainsbury
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
5th May 1987


text:
1
This Order may be cited as the Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 1987 and shall come into operation on 1st January 1988.
2
In article 4(4)(c) of the Immigration (Control of Entry through Republic of Ireland) Order 1972 the word “Greece” shall be omitted.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
2nd December 1987


text:
1
This Order may be cited as the A316 Trunk Road (Twickenham Road, Richmond Upon Thames) (Prescribed Routes) Order 1987 and shall come into force on 2nd February 1987.
2
In this Order:
“Twickenham Road” means that length of the Sunbury to Chiswick Trunk Road (A316) in the London Borough of Richmond Upon Thames known as Twickenham Road; and
“central reservation” means that part of Twickenham Road which separates the two carriageways of Twickenham Road for the safety and guidance of vehicles using that road.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle proceeding in Twickenham Road to make a “U” -turn:
a
through either of the gaps in the central reservation which lie opposite the entrance to the Richmond Swimming Baths or the Athletic Ground in Old Deer Park; and
b
at the western end of the said central reservation, being a point 125 metres west of the western kerbline of Parkshot;
so as to proceed in the opposite direction to that in which it was proceeding.
4
Nothing in this order shall apply to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State
John Dawson
An Assistant Chief Engineer in the
Department of Transport
26th January 1987


text:
1
This Order may be cited as the Pilotage Act 1987 (Commencement No. 2) Order 1987.
2
Section 32(5) of the Act insofar as it relates to the repeal in Schedule 3 of section 15(1)(i) of the Pilotage Act 1983 shall come into force on 1st February 1988.
Signed by authority of the Secretary of State
David B. Mitchell
Minister of State,
Department of Transport
10th December 1987


text:
1
This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 9) Order 1987.
2
The provisions of the Housing and Planning Act 1986 listed below shall come into force on 11th December 1987 —
section 18 (except insofar as it gives effect to paragraph 10 of Schedule 4 to the Act),
section 24(3) insofar as it repeals the provisions specified in the Schedule to this Order, Part V.
Nicholas Ridley
Secretary of State for the Environment
10th November 1987
Peter Walker
Secretary of State for Wales
12th November 1987
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
16th November 1987


text:
1
This Order may be cited as the Airports Byelaws (Designation) (No. 2) Order 1987 and shall come into force on 3rd February 1988.
2
The airports specified in the Schedule hereto are hereby designated for the purposes of section 63 of the Airports Act 1986.
Signed by authority of the Secretary of State.
David B. Mitchell
Minister of State,
Department of Transport
30th December 1987


text:
1
This Order may be cited as the Value Added Tax (Construction of Buildings) Order 1987 and shall come into force on 21st May 1987.
2
Group 8 of Schedule 5 to the Value Added Tax Act 1983 shall be vane
a
by substituting for Note (1A) the following Note —
IA
Any reference in item 2 or the following Notes to the construction of any building or the construction of any civil engineering work does not include a reference to
a
the conversion, reconstruction, alteration or enlargement of any existing building or civil engineering work; or
b
any extension or annexation to an existing building which provides for internal access to the existing building or of which the separate use, letting or disposal is prevented by the terms of any covenant, statutory planning consent or similar permission;
and the reference in item 1 to a person constructing a building shall be construed accordingly.;
b
by inserting in Note (2A) after paragraph (c), the following —
d
carpets or carpeting materials.
3
Article 8 of the Value Added Tax (Special Provisions) Order 1981 shall be varied —
a
by inserting in paragraph (1) after the words “taxable person constructing a building” and before the words “for the purpose of granting a major interest in it”, the following words —
or effecting works to any building, in either case;
b
by inserting in paragraph (2) after sub-paragraph (c) the following subparagraph —
d
carpets or carpeting materials.
.
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
29th April 1987


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (England) Order 1987 and shall come into operation on 7th November 1987.
2
In this Order —
a
“ the Act ” means the Food and Environment Protection Act 1985,
b
“designated area” means the area described in Schedule 1 to this Order,
c
“sheep” means an animal of the genus Ovis of whatever age or sex.
Designated incident
2
In the opinion of the Minister of Agriculture, Fisheries and Food, food in the area described in Schedule 1 to this Order, or which is derived or may be in the future derived from anything in that area, is, or may be, or may become 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 powered reactor situated at Chernobyl in the Ukraine, USSR.
Designated area
3
The area described in Schedule 1 to this Order is hereby designated for the purposes of Part I of the Act.
Activities prohibited in the designated area
4
1
No person shall in the designated area slaughter any sheep for human consumption or for use in the preparation of feeding stuffs.
2
Paragraph (1) above shall not apply in the case of any sheep which —
a
was moved from any place in accordance with a consent given under section 2(1) of the Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark; and
b
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
Restrictions on movement
5
1
No person shall move any sheep from a farm, holding or agricultural premises situated in the designated area.
2
Subject to paragraph (3) below, no person shall move into the designated area any sheep which has been removed from that area or from an area which is from time to time designated by an Order under section 1 of the Act which refers to the escape of substances described in article 2 of this Order.
3
Paragraph (2) above shall not apply in the case of any sheep which was moved from any place in accordance with a consent given under section 2(1) of the Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark.
Restrictions throughout the United Kingdom
6
1
Subject to paragraph (2) below, no person shall, in the United Kingdom —
a
slaughter for human consumption or for use in the preparation of feeding stuffs any sheep that was in the designated area at any time after 11 am on 20th June 1986; or
b
supply, or have in possession for supply, any meat derived from a sheep, or any food which contains any such meat, if that sheep was in the designated area at any time after 11 am on 20th June 1986.
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) on or before 21st December 1986 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
c
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 26th July 1987 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; or
d
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 a green mark; or
ii
was moved from any place in accordance with such a consent given on or after 28th September 1987 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark,
and which, in either case, has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
Revocation
7
The Orders specified in Schedule 2 to this Order are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 5th November 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
Citation and Commencement
1
These regulations may be cited as the Supplementary Benefit (Housing Requirements and Resources) Amendment Regulations 1987 and shall come into force on 26th January 1987.
Amendment of the Supplementary Benefit (Requirements) Regulations 1983
2
1
The Supplementary Benefit (Requirements) Regulations 1983 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 14 (housing requirements), the following paragraph shall be inserted after paragraph (5): —
(5A) Where —
a
for the purposes of section 48(5) of the General Rate Act 1967 , it appears to a rating authority or it is determined in pursuance of subsection (6) of that section 48 that the hereditament including the home is a mixed hereditament and that only a proportion of the rateable value of the hereditament is attributable to use for the purpose of a private dwelling, or
b
in Scotland, an assessor acting pursuant to section 45(1) of the Water (Scotland) Act 1980 has apportioned the net annual value of the premises including the home between the part occupied as a dwelling and the remainder,
the amounts applicable under regulation 15 or 17 shall be such proportion of the amounts applicable in respect of the hereditament or premises as a whole as is equal to the proportion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private dwelling or, in Scotland, the proportion of the net annual value of the premises apportioned to the part occupied as a dwelling house.
.
3
The following regulation shall be substituted for regulation 15 (mortgage payments): —
Interest on loans to acquire an interest in the home
15
1
Subject to paragraphs (2) to (10) the following amounts shall be applicable under this regulation: —
a
if the claimant or, if he is a member of a married or unmarried couple, he or his partner is aged 60 or over, 100 per cent. of the eligible interest in his case;
b
if the claimant or, if he is a member of a married or unmarried couple, he and his partner are aged under 60
i
where the claimant has been in receipt of an allowance in respect of a continuous period of not less than 16 weeks, 100 per cent. of the eligible interest in his case;
ii
in any other case, 50 per cent. of the eligible interest in that case.
2
Where in a case to which paragraph (l )(b)(ii) applies —
a
either: —
i
the claim for an allowance is refused, or
ii
an award of an allowance is terminated on appeal or review solely because the claimant’s resources exceed his requirements by virtue of the fact that only 50 per cent. of the eligible interest in his case is applicable to him under paragraph (1)(b)(ii), and
b
the claimant or his partner makes a further claim no later than 20 weeks after —
i
where the original claim for an allowance was refused, the date of that claim, or
ii
where an award of an allowance was terminated on appeal or review, the date of the claim in respect Of which that award was made, the amount applicable under this regulation commencing on a date not before the expiry of 16 weeks from the date specified in head (i) or (ii), as the case may be, shall be 100 per cent. of the eligible interest in that case and until that date shall be the amount specified in paragraph (1)(b)(ii).
3
Subject to paragraphs (4) and (5), in this regulation, “eligible interest” means the amount of interest on a loan, whether or not secured by way of a mortgage or, in Scotland, under a heritable security, taken out to defray money applied for the purpose of —
a
acquiring an interest in the home; or
b
paying off another loan but only to the extent that interest on that other loan would have been eligible interest had the loan not been paid off.
4
Subject to paragraph(5) and regulation 14(5A) and to any restriction imposed under regulation 21, the amount of eligible interest in any case shall be the amount, calculated on a weekly basis, of —
a
where, or in so far as, section 26 of the Finance Act 1982 applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax thereon at the basic rate for the year of assessment in which the payment of interest becomes due;
b
in any other case the interest which is payable on the loan without deduction of such a sum.
5
Where a loan is applied only in part for a purpose specified in paragraph (3), only such proportion of the interest payable thereon as is equal to the proportion of the loan applied for that purpose shall qualify as eligible interest.
6
Where, under the terms of a loan taken out for a purpose specified in paragraph (3), interest is payable on accumulated arrears of interest (whether or not those arrears have been consolidated with the outstanding capital), the amount of such interest shall be applicable under this regulation as if it were eligible interest but only in so far as it represents interest on arrears incurred during any period —
a
when paragraph (l)(b)(ii) applied in that case, or
b
when the claimant was not entitled to benefit which fell within the period of 20 weeks specified in paragraph (2)(b);
and in either case only to the extent that arrears do not exceed 50 per cent. of the eligible interest that otherwise would have been payable during the period in question.
7
Where a person who was formerly one of a married or unmarried couple —
a
has taken out, either solely or jointly with his former partner, a loan secured on their home for a purpose other than one specified in paragraph (3), and
b
has left the home and either cannot or will not pay the interest on the loan,
and, if that person’s former partner has to pay the interest on the loan in order to continue to live in the home, there shall be applicable to the former partner under this regulation the amount of interest on the loan calculated as if it were a loan taken out for a purpose specified in paragraph (3).
8
Where an amount is applicable under this regulation, if, notwithstanding that the amount of interest payable is reduced by virtue of —
a
a reduction in interest rates, or
b
a reduction in the amount of loan capital outstanding,
the amount of instalments which the borrower is liable to pay remains constant, the amount applicable shall not be adjusted to take account of the new amount of interest payable except where regulation 87(3) of the Social Security (Adjudication) Regulations 1984 so provides.
9
Notwithstanding paragraph (1)(b)(ii), where a claimant is or, if he is a member of a married or unmarried couple he and his partner are, aged under 60 and he or, either of them, was in receipt of an allowance immediately before the 26th January 1987, there shall be applicable under this regulation 100 per cent. of the eligible interest in that case for so long as he or either of them remain in receipt of an allowance.
10
For the purpose of paragraphs (1) and (9) —
a
a person shall be treated as being in receipt of an allowance during the following periods: —
i
any period in respect of which it was subsequently held on appeal or review, that he was so entitled; and
ii
any period of 8 weeks or less in respect of which he was not in receipt of an allowance and which fell immediately between periods in respect of which he was in receipt thereof or to which head (i) above applies;
b
a person shall be treated as not being in receipt of an allowance during any period other than a period to which subparagraph (a)(ii) above applies in respect of which it is subsequently held on appeal or review that he was not so entitled;
c
where the requirements and resources of a person, A, were, in respect of a past period, aggregated and treated as those of another person, B —
i
under paragraph 3(1) of Schedule 1 to the Act (aggregation in the case of married or unmarried couples), or
ii
under paragraph 3(2) of that Schedule 1 (aggregation of dependants) and there are now aggregated with A’s requirements and resources under that paragraph 3(2) those of another person which were previously so aggregated with B's, and if A makes a claim for an allowance within 8 weeks of the cessation of aggregation, A shall be treated as having been in receipt of an allowance for the same period as B had been or had been treated, for the purpose of paragraph (1), as having been.
.
4
In regulation 17(1) (interest on loans for repairs and improvements), for the words from “the amount” to the end there shall be substituted the words
an amount in respect of interest payable on a loan which is taken Out, with or without security, for the purpose of —
a
carrying out repairs or improvements to the home, or
b
paying off another loan but only to the extent that interest on that other loan would have been applicable under this regulation had the loan not been paid off,
and which is used for that purpose or is to be so used within 6 months of the date of receipt or such further period as an Adjudication officer considers reasonable, and the amount applicable under this regulation shall be calculated as if the loan were a loan to which regulation 15 applied.
.
5
In regulation 21 (restrictions where amounts excessive) for paragraphs (1) and (2) there shall be substituted the following paragraph
1
Subject to paragraphs (3) and (4), the amounts applicable under regulations 15 to 18 shall be regarded as excessive and shall he restricted and the excess not allowed if and to the extent that —
a
the home, excluding any part which is let or is normally occupied by boarders, is unnecessarily large for the assessment unit, any persons to whom regulation 4(2)(e) of the Supplementary Benefit (Aggregation) Regulations 1981 applies and any other non-dependants; or
b
the immediate area in which the home is located is unnecessarily expensive; or
c
the outgoings of the home in respect of which the amounts are applicable under those regulations as aforesaid are unreasonably high by comparison with the outgoings of suitable alternative accommodation in the area.
.
Amendment of the Supplementary Benefit (Resources) Regulations 1981
3
1
The Supplementary Benefit (Resources) Regulations 1981 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation), after the definition of “Tax Act” there shall be inserted the following definition: —
“the 1983 Requirements Regulations ” means the Supplementary Benefit (Requirements) Regulations 1983 ;
3
In regulation 11 (treatment of income other than earnings) —
a
in paragraph (2) there shall be added the following sub-paragraph —
w
any payment received under an insurance policy taken out to insure against the risk of being unable during any period to maintain payments on a loan to which regulation 15 or 17 of the 1983 Requirements Regulations applies, less any amount which falls to be disregarded by virtue of paragraph (4)(o).
;
b
in paragraph (4) there shall be added the following sub-paragraph —
o
in the case of a loan specified in regulations 15(3) or 17(1) of the 1983 Requirements Regulations, any payment received under a policy specified in paragraph (2)(w) and used to meet repayments in respect of that loan, to the extent that it does not exceed —
i
subject to paragraph (4B), the amount, calculated on a weekly basis, of the claimant’s eligible interest under regulations 15 or 17 of the 1983 Requirements Regulations,
ii
the amount of the payment, calculated on a weekly basis, due on the loan attributable to the repayment of capital, and
iii
an amount equal to the amount, calculated on a weekly basis, of the premiums due on that policy.;
c
the following paragraph shall be inserted after paragraph (4A) —
4B
Payments to which paragraph (4)(o) applies shall be disregarded by virtue of head (i) of that provision only for any period during which there is applicable to the claimant as a housing requirement 50 per cent of his eligible interest by virtue of regulation 15(1)(b)(ii) of the 198 Requirements Regulations.
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
8th January 1987
We consent,
Mark Lennox-Boyd
Tim Sainsbury
Two of the Lords Commissioners of Her Majesty’s Treasury
13th January 1987


text:
Title and commencement
1
This Order may be cited as the Veterinary Surgeons Qualifications (EEC Recognition) (Spanish and Portuguese Qualifications) Order 1987 and shall come into force on 16th April 1987.
Recognition of Spanish and Portuguese qualification in veterinary medicine
2
In Schedule 1A to the Veterinary Surgeons Act 1966 (recognised European qualifications in veterinary surgery) after the entry relating to The Netherlands there shall be added the following —
Portugal
Carta de curso de licenciatura em medicina veterinaria (diploma conferring official recognition of completion of studies in veterinary medicine) awarded by a University.
Spain
Titulo de Licenciado en Veterinaria (University degree in veterinary medicine) awarded by the Ministry for Education and Science
.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Welsh Health Promotion Authority Regulations 1987 and shall come into force on 3rd March 1987.
2
In these Regulations unless the context otherwise requires —
“the Authority” means the Welsh Health Promotion Authority established by the Welsh Health Promotion Authority (Establishment and Constitution) Order 1987 ;
“member” means the Chairman or other member of the Authority.
Tenure of office of member
2
Subject to any provisions applied by these Regulations as to termination of and disqualification for membership, the tenure of office of a member shall be for such period not exceeding four years as the Secretary of State shall specify on making the appointment.
Termination of tenure of office
3
1
A member may resign his office at any time during the period for which he was appointed by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is satisfied that it is not in the interests of the Authority or the health service that a person whom he has appointed as a member should continue to hold that office, he may forthwith terminate that member`s tenure of office.
Application of Regulations relating to membership and procedure
4
The provisions of Regulations 5(4), (6) and (7) (termination of tenure of office), Regulation 6 (eligibility for reappointment), Regulation 7 (disqualification for appointment), Regulation 8 (cessation of disqualification), Regulation 9 (election of vice-chairman), Regulation 10 (powers of vice-chairman), Regulation 11 (appointment of committees and sub-committees), Regulation 12 (arrangements for the exercise of functions), Regulation 13 (meetings and proceedings), Regulation 14 (disability of chairman and members in proceedings on account of pecuniary interests) of and Schedule 1 (rules as to meetings and proceedings of Authorities) to the National Health Service (Regional and District Health Authorities: Membership and Procedure) Regulations 1983 shall apply in relation to the Authority as if any reference in those provisions to an Authority included a reference to the Authority.
Reports and papers by the Authority
5
The Authority shall make reports to the Secretary of State in such manner and at such time, being at least once a year, as the Secretary of State may direct and shall furnish to the Secretary of State such information as he may from time to time require.
Nicholas Edwards
Secretary of State for Wales
6th February 1987