text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Contracted-out Protected Rights Premiums) Regulations 1987 shall come into force on 6th April 1988.
2
In these Regulations, “the principal Regulations ” means the Occupational Pensions Schemes (Contracting-out) Regulations 1984 .
Manner of calculation and verification of cash equivalents mentioned in section 44ZA(7) and (9)(a)(i) of the Social Security Pensions Act 1975
2
1
Except in a case to which paragraph (3) below applies. the cash equivalent mentioned in section 44ZA(7) of the Social Security Pensions Act 1975 of protected rights (being those rights under a scheme, which has ceased to be a money purchase contracted-out scheme, whose cash equivalent is to be the amount of a contracted-out protected rights premium) 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 Social Security Act 1986 as modified by section 32(2B) of the Social Security Pensions Act 1975 .
2
Except in a case to which paragraph (3) below applies, the cash equivalent mentioned in section 44ZA(9)(a)(i) of the Social Security Pensions Act 1975 of a person’s rights (being those rights under a scheme, which has ceased to be a money purchase contracted-out scheme, whose cash equivalent is to be used to supplement a contracted-out protected rights premium) shall be calculated and verified in such manner as may be approved in particular cases by the trustees or managers of the scheme.
3
In a case where the rights under a scheme mentioned in paragraph (1) or (2) above fall, either wholly or in part, to be valued in a manner which involves making estimates of the value of benefits, the cash equivalents 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 “Retirement Benefit Schemes-Transfer Values (GN 11)” published by the Institute of Actuaries and the Faculty of Actuaries and current at the date of the calculation, and, in the case of protected rights, as being consistent with the requirements of Schedule 1 to the Social Security Act 1986 as modified by section 32(2B) of the Social Security Pensions Act 1975.
Amendment of regulation 1 of the principal Regulations
3
1
Regulation 1 of the principal Regulations (interpretation) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2), immediately after the definition of “employer” there shall be inserted the following definition —
“qualifying widow or widower” means a widow or widower of the earner who at the date of the earner’s death either —
is aged 45 or over; or
is entitled to child benefit in respect of a child under 18 who is, or residing with a child under 16 who is —
a son or daughter of the widow or widower and the earner, or
a child in respect of whom the earner immediately before his death, was, or would have been if the child had not been absent from Great Britain, entitled to child benefit, or
if the widow or widower and the earner were residing together immediately before the earner’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;.
Amendment of regulation 18 of the principal Regulations
4
1
Regulation 18 of the principal Regulations (liability for payment of state scheme premiums) shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (1) there shall be inserted the following paragraph —
1ZA
For the purposes of section 44ZA(6) (payment of contracted-out protected rights premiums) the prescribed person is —
a
in a case where regulation 23A(7)(a) and (c) applies, the person to whom the cash sum mentioned in regulation 23A(7)(c) has been paid; and
b
in any other case, the trustees of the scheme.
3
After paragraph (2) there shall be inserted the following paragraph —
2A
A contracted-out protected rights premium shall not be payable —
a
in a case where the protected rights in question are in respect of an earner who has died and either —
i
the earner is not survived by a qualifying widow or widower, or
ii
the earner is survived by a qualifying widower, and the earner or the widower or both were under pensionable age when the earner died;
b
in a case where the person in respect of whom it otherwise would be payable is not treated, under section 4 of the Social Security Act 1986 or under section 29(2) or (2A) of the Act, as entitled to any guaranteed minimum pension which derives from the minimum contributions, minimum payments, or transfer payment or payments from which the protected rights in question derive, or is treated as entitled to such a guaranteed minimum pension at a nil rate.
Amendment of regulation 20 of the principal Regulations
5
1
Regulation 20 of the principal Regulations (time for payment of state scheme premiums) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (b) of paragraph (1), at the end there shall be inserted “or, in the case of a contracted-out protected rights premium, certifying that the premium is payable”.
3
After paragraph (3) there shall be inserted the following paragraph —
3A
In cases where a state scheme premium has become payable by reason of the fact that a contracted-out scheme has ceased to be contracted-out and a person’s protected rights are not the subject of approved arrangements under section 44ZA or, having been so subject, have ceased to be so subject, references in paragraph (1)(a) to the date of termination of contracted-out employment shall be read as references to the date on which the Board certify under regulation 18(4) that the protected rights in question are not subject to approved arrangements or have ceased to be so subject.
4
After paragraph (4) there shall be inserted the following paragraph —
4A
In cases where a state scheme premium has become payable by reason of the fact that a contracted-out scheme has ceased to be contracted-out and a person’s protected rights are, in part only, subject to approved arrangements under section 44ZA. references in paragraph (1)(a) to the date of termination of contracted-out employment shall be read as references to the date on which the Board certify under regulation 18(4) that the protected rights in question are, in part only, subject to approved arrangements.
Addition of regulation 23A to the principal Regulations
6
After regulation 23 of the principal Regulations there shall be inserted the following regulation —
Miscellaneous provisions affecting contracted-out protected rights premiums
23A
1
Subject to paragraphs (3) and (4), where a contracted-out protected rights premium is payable under section 44ZA(4) pursuant to certification by the Board to the Secretary of State under regulation 18(4), the premium shall, for the purpose of extinguishing protected rights and reducing any guaranteed minimum pension to which a person is treated as being entitled, be treated as having been paid, or paid in part in a case to which either paragraphs (6) to (8) apply or paragraph (9) applies, on the date specified in paragraph (2).
2
The date mentioned in paragraph (1) is whichever is the later of —
a
the date on which the scheme ceased to be contracted-out; and
b
any date certified by the Board under regulation 18(4)(c) in relation to the rights mentioned in paragraph (1).
3
Where a contracted-out protected rights premium has been treated as paid under paragraph (1), the effect of that paragraph shall, except as provided in paragraph (5), be disregarded if —
a
the Board subsequently approve arrangements for the preservation or transfer of the protected rights, or
b
the person who is liable to pay the premium fails to do so within the period prescribed by regulation 20(1) or such longer period as the Secretary of State may allow under regulation 20(2).
4
Where by virtue of the operation of paragraphs (1) and (3) in relation to a person entitled to a benefit specified in section 29(1)(a) an amount of that benefit, as certified by the Secretary of State, was paid to that person which would not otherwise have been paid —
a
the Secretary of State shall be entitled to recover that amount from the scheme and any amount so recovered shall be paid into the National Insurance Fund; and
b
the sums payable under the scheme to that person may be reduced by the amount so recovered by the Secretary of State.
5
Paragraph (3)(b) shall not apply where the Secretary of State is satisfied that the failure to pay was not with the consent or connivance of, or attributable to any negligence on the part of, the person in respect of whom the premium is payable, and where, subject to paragraphs (6) and (8), the scheme, being a scheme which is or has been contracted-out, is being or has been wound up.
6
In a case where the circumstances specified in paragraph (7)(a) and either (b) or (c) obtain, the contracted-put protected rights premium in question shall be treated as paid under paragraph (1) only in accordance with the provisions of paragraph (8).
7
The circumstances mentioned in paragraph (6) are that —
a
a contracted-out protected rights premium has become payable in respect of that person by reason of the withdrawal by the Board of their approval of, or their inability to give their approval to, arrangements for the preservation or transfer of the protected rights in question under section 44ZA;
b
the scheme is being or has been wound up, its resources are insufficient to meet the cost of that premium, and the Board are satisfied that no arrangements have been made to meet that cost, or, as the case may be, such part of that cost as cannot be met from the resources of the scheme;
c
the scheme has been wound up and a cash sum in lieu of the protected rights in question has been paid to or for the benefit of the person concerned.
8
In a case to which paragraph (6) applies, where the Secretary of State is satisfied that the part of the premium that the resources of the scheme are sufficient to meet or the amount of the cash sum referred to in paragraph (7)(c) is less than the value of the protected rights in question, such part of the contracted-out protected rights premium as represents, in the opinion of the Secretary of State, the difference between the lesser and greater amounts shall be treated as having been paid.
9
Where a person in respect of whom a contracted-out protected rights premium is payable is a person to whom regulation 18(1ZA)(a) applies and that person pays part only of the premium, that part of the premium shall be treated as having been paid under paragraph (1).
10
Where part of a contracted-out protected rights premium is treated as having been paid under paragraph (1) —
a
section 44ZA(8) shall be modified so as to have effect as if there were inserted at the end thereof the words and payment of part of the premium shall operate to extinguish such part of those rights as corresponds, in the opinion of the Secretary of State, to that part of the premium and section 44ZA(9)(a) shall have effect as if there were substituted for the words “the premium” the words “that part of the premium which has been paid”; and
b
in a case to which paragraph (6) applies, section 44ZA shall be modified so as to have effect as if —
i
in subsection (1) there were inserted after the words “protected rights” the words “or part thereof”,
ii
in each of paragraphs (a) and (b) of subsection (4) there were inserted after the words “are not” the words “Or are in part only”, and
iii
in subsection (7) there were inserted after the words “in question” the words “to the extent that those rights are not subject to approved arrangements”.
Addition of regulation 26A to the principal Regulations
7
After regulation 26 of the principal Regulations, there shall be inserted the following regulation —
Prescribed person and prescribed periods for the purposes of section 44ZA(9)(a)
26A
For the purposes of section 44ZA(9)(a) —
a
the prescribed person is the Secretary of State; and
b
the prescribed period —
i
for the purpose of giving notice to the Secretary of State,
ii
for the purpose of the payment referred to in section 44ZA(9)(a)(i), and (iii) for the purpose of the payment referred to in section 44ZA(9)(a)(ii), is the period allowed for the payment of the premium under paragraphs (1) and (2) to (4) of regulation 20.
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


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These regulations may be cited as the State Scheme Premiums (Actuarial Tables) 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 1977 Act ” means the Social Security (Miscellaneous Provisions) Act 1977 ;
“the 1986 Act ” means the Social Security Act 1986;
“the Contracting-out Regulations ” means the Occupational Pension Schemes (Contracting-out) Regulations 1984 ;
“accrued rights factor” means —
in the case of an accrued rights premium, the weekly amount (calculated in accordance with the provisions of section 44(6) of the 1975 Act as modified, in a case to which section 22(13) of the 1977 Act applies, by regulation 47 of the Contracting-out Regulations) of the guaranteed minimum pension to which the earner in question had accrued rights under the scheme in question when the event giving rise to the liability for the premium occurred, multiplied by 52;
in the case of a pensioner’s rights premium, the weekly amount (calculated as mentioned in sub-paragraph (a) above) of the guaranteed minimum pension of the person in question under the scheme in question when the event giving rise to the liability for the premium occurred, multiplied by 52;
in the case of a transfer premium, the weekly amount (calculated without regard to the provisions of section 44(6) of the 1975 Act) of the guaranteed minimum pension to which the earner in question had accrued rights under the scheme in question when the event giving rise to the liability for the premium occurred, multiplied by 52;
in the case of a limited revaluation premium, the weekly amount (calculated, in a case where scheme has ceased to be contracted-out, in accordance with the provisions of section 45(3) of the 1975 Act) of the guaranteed minimum pension to which the earner in question had accrued rights under the scheme in question when the event giving rise to the liability for the premium occurred, multiplied by 52;
in the case of a contracted-out protected rights premium or a personal pension protected rights premium, an amount arrived at by multiplying by 52 the weekly amount of the guaranteed minimum pension to which the person in respect of whom the premium falls to be paid is treated as entitled under any one or more of section 29(2) of the 1975 Act, section 29(2A) of the 1975 Act and section 4 of the 1986 Act and which derives from the minimum contributions, minimum payments or transfer payments from which the rights whose cash equivalent is included in the premium derive, or, in a case where none of those provisions of the 1975 Act and the 1986 Act yet falls to be applied to him, that part of that guaranteed minimum pension which has so far accrued;
“average market level indicator” has the meaning given in regulation 10 of these regulations;
“ the Board ” means the Occupational Pensions Board;
“event giving rise to the liability for the premium” means —
in a case of a transfer premium, the election to pay it;
in the case of a limited revaluation premium, the termination of the service in contracted-out employment of the person in respect of whom the premium falls to be paid;
in the case of an accrued rights premium or a pensioner’s rights premium, one of the following events, namely —
the ceasing of the scheme to be contracted out, or
the Board’s withdrawal of their approval, given under section 44(1) of the 1975 Act, of arrangements made or to be made in relation to the scheme for the preservation or transfer of the accrued rights to guaranteed minimum pensions of, or the liability for the payment of guaranteed minimum pensions to, the person in respect of whom the premium falls to be paid,
if it occurs in such circumstances that immediately thereafter the scheme is not contracted-out, and that person’s entitlement or accrued rights to guaranteed minimum pensions under the scheme are not subject to approved arrangements under section 44(1) of the 1975 Act; and
in the case of a contracted-out protected rights premium or a personal pension protected rights premium, one of the following events, namely —
the ceasing of the scheme to be a contracted-out scheme or an appropriate scheme (as the case may be); or
the Board’s withdrawal of their approval, given under section 44ZA(1) of the 1975 Act or section 5(1) of the 1986 Act (as the case may be), of arrangements made or to be made in relation to the scheme for the preservation or transfer of the protected rights of the person in respect of whom the premium falls to be paid, if it occurs in such circumstances that immediately thereafter the scheme is not a contracted-out scheme (if an occupational pension scheme) or an appropriate scheme (if it is a personal pension scheme), and that person’s protected rights under the scheme are not subject to approved arrangements under section 44ZA(1) of the 1975 Act or section 5(1) of the 1986 Act (as the case may be);
“gross dividend yield” means the gross dividend yield applicable to the All-Share Index compiled by the Financial Times, the Institute of Actuaries and the Faculty of Actuaries;
“15-year gross redemption yield” means the gross redemption yield applicable to 15-year British Government Stocks with high coupons compiled by the Financial Times, the Institute of Actuaries and the Faculty of Actuaries;
“25-year gross redemption yield” means the gross redemption yield applicable to 25-year British Government Stocks with high coupons compiled by the Financial Times, the Institute of Actuaries and the Faculty of Actuaries;
“15-year index number” means the number shown in the appropriate column in the table in Schedule 6 opposite the range of yields which includes the 15-year gross redemption yield;
“25-year index number” means the number shown in the appropriate column in the table in Schedule 7 opposite the range of yields which includes the 25-year gross redemption yield;
“market level indicator” has the meaning given in regulation 10 of these regulations;
“monthly market level indicator” has the meaning given in regulation 10 of these regulations;
“scheme” means occupational pension scheme or personal pension scheme, as the case may be;
and other expressions have the same meaning as in the 1975 Act, or, if they have no meaning in that Act, the same meaning as in the 1986 Act.
Prescribed classes of investments
2
For the purposes of section 16(3) of the 1986 Act, the prescribed classes of investments are those fixed-interest stocks by reference to which the 15-year gross redemption yield and the 25-year gross redemption yield are calculated, and those equities by reference to which the gross dividend yield is calculated.
Accrued rights premiums
3
1
For the purpose of calculating the amount of an accrued rights premium, the Secretary of State shall apply the actuarial tables in Schedule 1 or the actuarial tables in Schedule 2 in accordance with the provisions of this regulation.
2
In a case where the weekly rate of the guaranteed minimum pensions to which the earner in question has accrued rights under the scheme in question does not fall to be determined in accordance with provisions included in the scheme by virtue of section 35(7) of the 1975 Act (revaluation without reference to orders under section 21 of the 1975 Act), the Secretary of State shall apply the actuarial tables in Schedule 1.
3
In a case where the weekly rate of the guaranteed minimum pensions to which the earner in question has accrued rights under the scheme in question falls to be determined wholly or partly in accordance with provisions included in the scheme by virtue of section 35(7) of the 1975 Act and the scheme’s provisions conform with the additional requirement of regulation 22 of the Contracting-out Regulations the Secretary of State shall apply the actuarial tables in Schedule 1.
4
In any other case the Secretary of State shall apply the actuarial tables in Schedule 2.
Transfer premiums
4
For the purpose of calculating the amount of a transfer premium, the Secretary of State shall apply, in a case such as is described in regulation 3(2) or (3) of these regulations, the actuarial tables in Schedule 1, and in any other case, the actuarial tables in Schedule 2.
Limited revaluation premiums
5
For the purpose of calculating the amount of a limited revaluation premium, the Secretary of State shall apply the actuarial tables in Schedule 3.
Pensioner’s rights premiums
6
1
For the purpose of calculating the amount of a pensioner’s rights premium, the Secretary of State shall apply the actuarial tables in Schedule 4 or the actuarial tables in Schedule 5, in accordance with the provisions of this regulation.
2
In a case where the person in question is entitled to receive a guaranteed minimum pension in respect of his own service in contracted-out employment, the Secretary of State shall apply the actuarial tables in Schedule 4.
3
In a case where the person in question is a woman who is entitled to receive a guaranteed minimum pension in respect of her late husband’s service in contracted-out employment, the Secretary of State shall apply the actuarial tables in Schedule 5.
Personal pension protected rights premiums and contracted-out protected rights premiums
7
For the purpose of calculating the cost of providing a guaranteed minimum pension such as is mentioned in section 5(9) of the 1986 Act in relation to a personal pension protected rights premium or in section 44ZA(8) of the 1975 Act in relation to a contracted-out protected rights premium, the Secretary of State shall apply —
a
in a case where the person in respect of whom the premium falls to be paid is the earner to whose protected rights the premium relates and he has not attained pensionable age, the actuarial tables in Schedule 1;
b
in a case where the person in respect of whom the premium falls to be paid is entitled to receive a pension giving effect to his own protected rights, the actuarial tables in Schedule 4; and
c
in a case where the person in respect of whom the premium falls to be paid is a woman who is entitled to receive a pension giving effect to her late husband’s protected rights, the actuarial tables in Schedule 5.
Calculation of guaranteed minimum pension or premium by reference to the Schedules
8
In Schedules 1 to 5 —
a
the cost of providing the guaranteed minimum pension referred to in regulation 7 above in a case to which that regulation applies;
and
b
the premium payable, in any other case,
is the amount shown in the appropriate column opposite the age of the person in respect of whom it is payable, adjusted in accordance with regulation 11 of these regulations and multiplied by the accrued rights factor, and “age” means the age attained by that person in the tax year in which the event giving rise to the liability for the premium occurred.
Use of first or second table in the Schedules
9
1
The Secretary of State shall apply the first table in each of Schedules 1 to 5 in relation to guaranteed minimum pensions or parts of guaranteed minimum pensions which accrued before 6th April 1988, and the second table in relation to guaranteed minimum pensions or parts of guaranteed minimum pensions accruing after 5th April 1988.
2
In paragraph (1) of this regulation, references to guaranteed minimum pensions include references to guaranteed minimum pensions to which a person is, or is prospectively, entitled or treated as entitled.
Market level indicators
10
1
In these regulations “market level indicator”, “monthly market level indicator” and “average market level indicator” shall be construed in accordance with the provisions of this regulation.
2
“Market level indicator” means —
a
for the purpose of determining the amount of a premium in a case to which regulation 3, 4, 5 or 7(a) of these regulations applies, the sum of —
i
312 divided by x, where x per cent is the gross dividend yield, and
ii
the 25-year index number; and
b
for the purpose of determining the amount of a premium in a case to which regulation 6 or 7(b) or (c) of these regulations applies, the 15-year index number.
3
“Monthly market level indicator”, in relation to any month, means the average of the market level indicators derived from the 15-year index numbers or (as the case may be) the 25-year index numbers and the gross dividend yields, appropriate to the first 5 days on which the London Stock Exchange was open in that month, rounded, if that average is not a whole number, to the nearest whole number, or to the nearest lower whole number where the decimal part of that average is 0.5.
4
“Average market level indicator” means the average, rounded, if it is not a whole number, in the manner described in paragraph (3) of this regulation, of the monthly market level indicators relating to all the months from April 1988 to the month preceding the month in which the event giving rise to the liability for the premium occurred (inclusive), or, in a case where that event occurred in April or May 1988, the monthly market level indicator relating to April 1988.
Adjustment of tables
11
1
The tables shall be adjusted in accordance with the provisions of this regulation.
2
In relation to guaranteed minimum pensions or parts of guaranteed minimum pensions which accrued before 6th April 1988, the appropriate figure from the tables shall be multiplied by the monthly market level indicator relating to the month in which the event giving rise to the liability for the premium occurred and divided by 100.
3
In relation to guaranteed minimum pensions or parts of guaranteed minimum pensions accruing after 5th April 1988, the appropriate figure from the tables shall be multiplied by the monthly market level indicator relating to the month in which the event giving rise to the liability for the premium occurred and divided by the average market level indicator.
4
In paragraphs (2) and (3) of this regulation, references to guaranteed minimum pensions include references to guaranteed minimum pensions to which a person is, or is prospectively, entitled or treated as entitled.
Revocation of regulations
12
The State Scheme Premiums (Actuarial Tables) Regulations 1978 , the State Scheme Premiums (Actuarial Tables) Amendment Regulations 1982 , regulations 18B, 25 and 26 of the Contracting-out Regulations , and regulation 2(4) of the Contracting-out (Transfer Premiums) Regulations 1985 so far as it relates to regulation 18B of the Contracting-out Regulations, are hereby revoked.
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
3rd April 1987.


text:
1
This Order may be cited as the Representation of the People Act 1985 (Commencement No. 4) Order 1987.
2
Paragraph 34 of Schedule 4 to the Representation of the People Act 1985 shall come into force on 30th March 1987 except for the purposes of an election in respect of which the notice of election is published before that date.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
13th February 1987


text:
Citation, commencement and interpretation
1
1
These regulations may be cited as the Statutory Sick Pay (Additional Compensation of Employers) Amendment Regulations 1987 and shall come into force on 6th April 1987.
2
In these regulations “the principal regulations” means the Statutory Sick Pay (Additional Compensation of Employers and Consequential Amendments) Regulations 1985 .
Amendment of regulation 1(2) of the principal regulations
2
In regulation 1(2) of the principal regulations (interpretation) after the definition of regulation 2, regulation 3, regulation 4 and regulation 5 there shall be inserted —
“statutory maternity pay” has the same meaning as in Part V of the Social Security Act 1986 ;
Substitution for regulation 3 of the principal regulations
3
For regulation 3 of the principal regulations (determination of amount) there shall be substituted the following regulation —
3
In respect of a payment of statutory sick pay made in the tax year commencing 6th April 1987, an employer shall be entitled under regulation 2 to an amount equal to 7 per cent. of the payment, that percentage being the total amount of secondary Class 1 contributions estimated by the Secretary of State as to be paid in respect of statutory maternity pay and statutory sick pay by all employers in that year, expressed as a percentage of the total amount of statutory maternity pay and statutory sick pay estimated by him to be paid by all employers in that year.
.
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
23rd January 1987
The Commissioners of Inland Revenue hereby concur. By Order of the Commissioners of Inland Revenue.
B. Pollard
A. J. G. Isaac
Two of the Commissioners of Inland Revenue
27th January 1987


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Customs and Excise (Community Transit) (No. 2) Regulations 1987 and shall come into force on 1st January 1988.
2
In these Regulations —
“relevant Community provision” means any provision of a Community Regulation specified in the first and second columns of the Schedule to these Regulations and shall include any such provision as applied by —
Article 39 of Council Regulation ( EEC ) No. 222/77 to goods carried under the internal Community transit procedure;
Article 38 of Commission Regulation (EEC) No. 1062/87 to a carriage operation starting within and ending outside the Economic Community;
Article 42 of Commission Regulation (EEC) No. 1062/87 to carriage of goods under cover of an International Express Parcels Consignment Note;
Article 55 of Commission Regulation (EEC) No. 1062/87 to a carriage operation starting within and ending outside the Economic Community;
“the customs and excise Acts” has the same meaning as in section 1 of the Customs and Excise Management Act 1979 ;
“the Commissioners” means the Commissioners of Customs and Excise;
“ CIM ” means International Consignment Note;
“ CTTN ” means Community Transit Transfer Note.
Specification of transit routes
3
Goods moving under the internal or external Community transit procedure shall be moved by such routes within the United Kingdom as the Commissioners may specify.
Offences, penalty and forfeiture
4
In the event of any contravention or failure to comply with —
a
any relevant Community provision, or
b
any requirement or condition imposed by or under any such provision, or
c
any requirement imposed under regulation 3 hereof, or
d
any undertaking given pursuant to any such provision or requirement,
the person responsible for the contravention or failure and the person then in charge of the goods shall each be liable on summary conviction to a penalty of £2000 and any goods in respect of which the offence was committed shall be liable to forfeiture.
Supplementary
5
1
Section 139 of and Schedule 3 to the Customs and Excise Management Act 1979 (detention, seizure and condemnation of goods) shall apply to any goods liable to forfeiture under regulation 4 above as if the goods were liable to forfeiture under the customs and excise Acts.
2
Sections 145 to 148 and 150 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under regulation 4 above and proceedings for such offences or for condemnation of anything as being forfeited under that regulation as they apply in relation to offences and penalties and proceedings for offences or for condemnation under the customs and excise Acts.
Revocation
6
The Customs and Excise (Community Transit) Regulations 1987 are hereby revoked.
Bryce Knox
Commissioner of Customs and Excise
King’s Beam House,
Mark Lane,
London EC3R 7HE
7th December 1987


text:
Citation and commencement
1
This Order may be cited as the Grants by Local Housing Authorities (Appropriate Percentage and Exchequer Contributions) Order 1987, and shall come into force forthwith.
Appropriate percentage for determining the amount or the maximum amount of grant
2
The appropriate percentage in relation to an application for a grant approved after 30th April 1987 shall be the percentage applicable to that application in accordance with the following provisions of this Order.
3
1
Subject to article 6, the appropriate percentage in relation to an application for a grant to which paragraph (2) or (3) applies is 75 per cent.
2
This paragraph applies to an application for a grant where one or more of the following conditions is satisfied: —
a
on the date on which the application is approved the premises in respect of which it is made are in a housing action area;
b
the application is in respect of a dwelling or a house in multiple occupation which is, or which forms part of, or which in the case of a dwelling is to be provided by the conversion of, a house in relation to which the local housing authority have served a notice under section 189 or 264 of the Housing Act 1985 and the relevant works consist of or include works which if executed would contribute towards rendering the house fit for human habitation;
c
i
the dwelling to which the application relates lacks, or is to be provided by the conversion of a dwelling which lacks, one or more of the standard amenities, and
ii
the relevant works consist of or include the provision of a standard amenity which is lacking, and
iii
the local housing authority are satisfied that the standard amenity which is to be provided, or, where more than one such amenity is to be provided, each of them, has been lacking for a period of not less than 12 months ending on the date on which the application was made;
d
the application is in respect of a dwelling which is or is to be provided by the conversion of a dwelling which is in need of works of repair of a substantial and structural character, and the relevant works consist of or include such works;
e
the application is for an improvement grant in respect of the provision or improvement of a dwelling for a disabled occupant and the relevant works consist of or include works needed to meet a requirement arising from the particular disability from which he suffers;
f
the application is for an intermediate grant and the relevant works consist of or include the provision for a disabled occupant of any standard amenity where an existing amenity of the same description is not or will not be readily accessible to the disabled occupant by reason of his disability.
3
This paragraph applies to an application for a special grant where either of the following conditions is satisfied: —
a
the relevant works consist of or include the provision of any of the standard amenities and the local housing authority consider such provision is necessary to make the house in multiple occupation reasonably suitable for occupation by the number of individuals or households for the time being occupying it;
b
the house is not provided with such means of escape from fire as the local housing authority consider necessary and the relevant works consist of or include the provision of such means of escape.
4
In relation to an application for a grant to which article 3 does not apply but where on the date on which the application is approved, the premises in respect of which the application is made are in a general improvement area, the appropriate percentage is 65 per cent.
5
Subject to article 6, in relation to an application for a grant to which neither article 3 nor 4 applies, the appropriate percentage is 50 per cent.
6
In relation to an application for a grant, where it appears to the local housing authority that the applicant would not without undue hardship be able to finance so much of the cost of the relevant works as is not met by the grant, —
a
if apart from this article the appropriate percentage would be 75 per cent., it shall instead be 90 per cent.; and
b
if apart from this article the appropriate percentage would be 50 per cent., it shall instead be 65 per cent.
Contributions by the Secretary of State
7
With respect to applications for grants approved after 30th April 1987 the percentages specified in subsection (3) of section 516 of the Housing Act 1985 are varied in the following descriptions of cases: —
a
in paragraph (a), by the substitution of 75 per cent. in respect of cases in which in accordance with article 4 of this Order the appropriate percentage is 65 per cent.;
b
in paragraph (b), by the substitution of 90 per cent. in respect of cases in which in accordance with article 3 or 6 of this Order the appropriate percentage is 75 per cent. or 90 per cent.
8
1
Subject to paragraph (2) below, the Grants by Local Authorities (Appropriate Percentage and Exchequer Contributions) Order 1980 and the Grants by Local Authorities (Appropriate Percentage and Exchequer Contributions) (Amendment) Order 1981 are hereby revoked.
2
Nothing in this Order shall affect the operation of the Grants by Local Authorities (Appropriate Percentage and Exchequer Contributions) Order 1980 and the Grants by Local Authorities (Appropriate Percentage and Exchequer Contributions) (Amendment) Order 1981 in respect of applications for grants approved on or before 30th April 1987.
Nicholas Ridley
Secretary of State for the Environment
27th July 1987
Peter Walker
Secretary of State for Wales
23rd July 1987
We consent,
Michael Neubert
Nigel Lawson
Two of the Lords Commissioners of Her Majesty’s Treasury
30th July 1987


text:
Citation, interpretation and commencement
1
These Regulations, which may be cited as the Social Security (Hospital In-Patients) Amendment (No. 2) Regulations 1987, amend the Social Security (Hospital In-Patients) Regulations 1975 (“the principal Regulations”) and shall come into force in the case of this regulation and regulation 2(1), 2(2)(a)(i), (ii) and (iii) and (b) and 2(13)(c) on 2nd November 1987 and in the case of the remainder of the Regulations on 11th April 1988.
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
for the definition of “basic component” there shall be substituted the following definition —
“basic pension” means the higher weekly rate of basic pension specified in section 6(1)(a) of the Social Security Pensions Act 1975
and for any reference to “basic component” wherever that expression occurs in the principal Regulations there shall be substituted a reference to “basic pension” ;
ii
in the definition of “the Overlapping Benefits Regulations” for the words “Social Security (Overlapping Benefits) Regulations 1975” there shall be substituted the words “Social Security (Overlapping Benefits) Regulations 1979” ;
iii
in the definition of “personal benefit” the words from “but does not include” to the end shall be omitted;
iv
after the definition of “40% of the basic pension” the following definition shall be inserted —
“60% of the basic pension means an amount equal to 3 times 20% of the basic pension;”;
b
in paragraph (2) for the words from “National Health” to “1947 to 1976” there shall be substituted the words “National Health Service Act 1977 or the National Health Service (Scotland) Act 1978 ” and for the words from “and a person shall not be regarded” to the end of the paragraph there shall be substituted the words —
“and such a person shall be regarded as being maintained free of charge in such a hospital or similar institution for any period unless his accommodation and services are provided under section 65 of the National Health Service Act 1977 or section 58 of the National Health Service (Scotland) Act 1978.”.
3
In regulation 4 (circumstances in which personal benefit is to be adjusted) —
a
in paragraphs (a) and (c) for the reference to “8 weeks” there shall be substituted a reference to “6 weeks”;
b
in paragraph (d) the words “and before the 105th week” shall be omitted;
c
paragraph (e) shall be omitted.
4
In regulation 4A(1) (provision for adjusting benefit for part of a week) for the reference to “5, 6 or 7” there shall be substituted a reference to “5 or 6”.
5
For regulation 5 there shall be substituted the following regulation —
Adjustment of personal benefit after 6 weeks in hospital
5
For any part of the period to which regulation 4(c) applies during which —
a
the beneficiary has a dependant, the weekly rate of the personal benefit shall be reduced by 20% of the basic pension;
b
he has no dependant, it shall be reduced by 40% of the basic pension,
so however that where such a reduction would reduce the weekly rate to less than 20% of the basic pension, the reduction shall be such as will reduce it to that 20%.
.
6
In regulation 6 (adjustment of personal benefit after 52 weeks in hospital) —
a
paragraph (1)(b) for the reference to “20%” there shall be substituted a reference to “40%”;
b
paragraph (1)(c) for the reference to “40%” there shall be substituted a reference to “60%”;
c
for paragraph (2) there shall be substituted the following paragraph —
2
Where a person to whom regulation 4(d) applies has no dependant or has a dependant but has not made an application to the Secretary of State in accordance with paragraph (5) of this regulation, the weekly rate of his personal benefit shall be adjusted so that 20% of the basic pension is payable to him.
;
d
in paragraph (3) the words “and regulation 7” and “or, as the case may be, regulation 7” shall be omitted.
7
Regulation 7 (adjustment of benefit after 104 weeks in hospital) shall be omitted.
8
In regulation 9(b) (circumstances in which dependency benefit is to be adjusted) for the reference to “8 weeks” there shall be substituted a reference to “6 weeks”.
9
In regulation 11 (adjustment of dependency benefit where dependant is husband or wife of beneficiary and is in hospital) —
a
in paragraph (1) —
i
for the words “Subject to the following paragraphs” there shall be substituted the words “Subject to paragraph (3)”;
ii
in paragraph (1)(a) for the reference to “8 weeks” there shall be substituted a reference to “6 weeks” and for a reference to “105th week” there shall be substituted a reference to “53rd week”;
iii
in paragraph (1)(b) for the reference to “104th week” there shall be substituted a reference to “52nd week”;
b
for paragraph 3 there shall be substituted the following paragraph —
3
Where both the dependant and the beneficiary are in-patients and each has been an in-patient for a period of not less than 52 weeks, for any part of the period of free in-patient treatment received by the beneficiary which occurs after the 52nd week of that treatment and during that part of the period during which the dependant is an in-patient which occurs after the 52nd week of the dependant’s treatment, the dependency benefit which has been adjusted in accordance with paragraph (1)(b) shall not be payable unless the beneficiary makes an application to the Secretary of State which complies with regulation 12 to pay that benefit on his behalf to that dependant or some other person mentioned in regulation 12(b).
10
In regulation 12 (application to the Secretary of State for the purposes of regulations 10 and 11) —
a
in paragraph (a) the words from “except that” to “of that regulation” shall be omitted;
b
in paragraph (b), for the reference to “regulation 11(3)(a)” there shall be substituted a reference to “regulation 11(3)”.
11
Regulation 15 (benefit payable on discharge from a hospital or similar institution) shall be omitted.
12
In regulation 16 (adjustment or further adjustment of benefit in certain cases after 52 weeks in hospital) the words in parenthesis in paragraph (1)(b) and paragraphs (5) and (6) shall be omitted.
13
In regulation 17 (calculation of periods) —
a
in paragraph (1) for the words “Parts II and III ” to the end of the paragraph there shall be substituted the words “Parts II, III and IV of these Regulations” and the words “and regulation 20” shall be omitted;
b
for paragraph (3) the following paragraph shall be substituted —
3
Where a person to whom paragraph (2) applies has ceased to reside —
a
in prescribed accommodation in premises managed by a voluntary organisation; or
b
in prescribed accommodation in a home which —
i
is registered under Part I of the Registered Homes Act 1984 including a home which but for section 1(4) of that Act would be registered; or
ii
is managed or provided by a body constituted by Act of Parliament or incorporated by Royal Charter; or
iii
in Scotland, is registered under section 61 of the Social Work (Scotland) Act 1968 or, being an establishment provided by a housing association, registered with the Housing Corporation established by the Housing Act 1964 which provides care equivalent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968,
paragraphs (2) and (4) shall not apply unless and until he has received free in-patient treatment for a continuous period exceeding 6 weeks.
;
c
in paragraph (5) for the words “Social Security (Contributions) Regulations 1975” there shall be substituted the words “Social Security (Contributions) Regulations 1979 ” and for the reference to Schedule 5 there shall be substituted a reference to Schedule 3;
d
after paragraph (5) there shall be added the following paragraph —
6
For the purposes of this regulation “prescribed accommodation” means in relation to any person —
a
any hospital accommodation or similar accommodation in which that person is residing or has resided either as a patient or inmate or as a person in need of care and attention wholly or partly at the cost of the Secretary of State or any body exercising functions on behalf of the Secretary of State under the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978 ; or
b
residential accommodation provided to that person under section 27 of the National Health Service (Scotland) Act 1947 , sections 21 to 24 and 26 of the National Assistance Act 1948 or section 7 of the Mental Health (Scotland) Act 1984 ;
c
residential accommodation provided for that person under section 21(1) of and paragraph 1 or 2 of Schedule 8 to the National Health Service Act 1977 or, in Scotland, section 59 of the Social Work (Scotland) Act 1968 in both cases where board is available to that person,
but does not include any such accommodation for any period for which he is or was receiving free in-patient treatment.
.
14
Regulation 20 (transitional provisions), which is spent, is revoked.
Transitional provisions
3
1
Where resettlement benefit under regulation 15 of the principal Regulations is being paid to a person discharged from a hospital or similar institution on or before 11th April 1988, any benefit which has not been paid on that date shall be paid to that person in one sum.
2
Subject to paragraphs (3) and (4) where a person (the payee) has been in a hospital or similar institution before, and is in a hospital or similar institution after, 11th April 1988 any resettlement benefit which would have been payable to him had he been discharged on 10th April 1988 shall be payable to him notwithstanding the revocation of regulation 15 of the principal Regulations.
3
Any resettlement benefit which is payable in accordance with paragraph (2) shall be paid in one sum upon the payee’s discharge where —
a
his discharge from the hospital or similar institution was effected by and with the approval of a person authorised or empowered to discharge him, and
b
he is neither receiving free in-patient treatment nor residing in prescribed accommodation
except where, having regard to the circumstances of any particular case, the Secretary of State decides that payment shall be made by specified instalments.
4
“Free in-patient treatment” has the meaning ascribed to it in regulation 2(2) of the principal Regulations and in this regulation “prescribed accommodation” means accommodation to which regulation 2(13)(d) of these Regulations refers.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
23rd September 1987


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (International Convention on the Harmonised Commodity Description and Coding System) Order 1987. It shall come into force in respect of each treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. These dates will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaties specified in the Schedule to this Order are to be regarded as Community Treaties as defined in section 1(2) of the European Communities Act 1972.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Incentive Payments) Regulations 1987, and regulation 2 and this regulation shall come into force on 4th January 1988 and the remainder of these regulations on 6th April 1988.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1986;
“centralised scheme” means an occupational pension scheme for whose benefits earners in employments under different employers qualify by virtue of their respective service in those employments and which is either a money purchase contracted-out scheme or a scheme for which there is a common fund;
“employer” includes a person who, by virtue of regulations 1(4) and (5) and 14 to 16 of the Occupational Pension Schemes (Contracting-out) Regulations 1984 , is treated as an employer for the purpose of those Regulations;
“scheme”, except in the expression “personal pension scheme”, means occupational pension scheme;
and other expressions have the same meaning as in the Social Security Pensions Act 1975 .
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.
Employments in relation to which payments under section 3(1)(b) of the Act are not to be made
2
1
This regulation applies where —
a
an earner is employed by a person (called in this regulation “the primary employer”) in employment (called in this regulation “the primary employment”) which is not contracted-out employment; and
b
the primary employment would be contracted-out employment in relation to the earner by reference to a scheme (called in this regulation “the primary scheme”) but for the fact that the earner voluntarily left it.
2
Where —
a
the primary scheme is not a centralised scheme; and
b
there has been a period of at least 2 years, ending after 3rd January 1988, throughout which the earner was employed, whether or not by the primary employer, in employment which was contracted-out by reference to a scheme by reference to which employment by the primary employer was contracted-out,
the primary employer shall notify the Secretary of State of the facts described in sub-paragraphs (a) and (b) of paragraph (1) and sub-paragraph (b) of this paragraph.
3
Where —
a
the primary scheme is a centralised scheme; and
b
there has been a period ending after 3rd January 1988 —
i
of at least 2 years, throughout which the earner was employed in one employment, or
ii
during which the earner was employed in a series of employments with intervals of not more than 6 months between consecutive employments in the series, the total duration of the employments, not including the intervals, being at least 2 years,
and
c
the one employment referred to in sub-paragraph (b)(i) or each employment in the series referred to in sub-paragraph (b)(ii) is contracted-out by reference to the primary scheme,
the trustees, or, if there are no trustees, the managers of the primary scheme shall notify the Secretary of State of the facts described in sub-paragraphs (a) and (b) of paragraph (1) and sub-paragraphs (a) to (c) of this paragraph.
4
A notification required to be given under paragraph (2) or (3) shall be given within 6 months after the date on which the employment mentioned in paragraph (1)(a) ceased to be contracted-out employment or, if the Secretary of State is satisfied that the notification could not reasonably have been given within that period, such longer period as he may approve in a particular case or class of case.
5
A notification required to be given under paragraph (2) or (3) shall be given in writing in such form as the Secretary of State may direct and shall contain such information as the Secretary of State may reasonably require for the purposes of this regulation.
6
For the purposes of section 3(2) of the Act (no payment under section 3(1)(b) in relation to earnings paid with respect to prescribed employment) the prescribed employment is any employment to which paragraph (7) or (8) applies.
7
This paragraph applies to the primary employment, where a notification has been given in accordance with paragraph (2) or (3) and the Secretary of State knows of no reason to suppose that the information given to him in the notification is incorrect.
8
This paragraph applies to any employment (called in this regulation “the secondary employment”) which —
a
is employment of an earner about whom a notification has been given in accordance with paragraph (2) or (3), where the Secretary of State knows of no reason to suppose that the information given to him in the notification is incorrect;
b
is not contracted-out employment in relation to him; and
c
is not the primary employment,
except where the Secretary of State is satisfied that the circumstances specified in any one of sub-paragraphs (a), (b) and (c) of paragraph (9) obtain.
9
The circumstances referred to in paragraph (8) are —
a
that the earner is employed in the secondary employment by a person other than the primary employer;
b
that there has been an interval of at least 7 days between the termination of the primary employment and the commencement of the secondary employment; and
c
that the secondary employment —
i
is not employment to which the primary scheme applies, and
ii
commenced before, or while, the earner was employed in employment to which paragraph (10) applies.
10
This paragraph applies to —
a
the primary employment;
b
any employment of the earner by the primary employer which commences immediately after the primary employment terminates; and
c
any 2 or more employments of the earner by the primary employer of which the first commences immediately after the primary employment terminates and every subsequent one commences immediately after the previous one terminates.
11
Where a notice under section 1(9) of the Act specifies, as the date from which the personal pension scheme in question is to be the chosen scheme of the earner in question, a date earlier than that on which the Secretary of State receives the notice —
a
in a case where the Secretary of State receives the notice in the tax year 1988 — 89 and the date specified by the notice as mentioned above is 6th April 1987, that part (if any) which the Secretary of State is required to pay under section 3(1)(b) of the Act of the minimum contributions which fall due in respect of earnings paid to the earner during the tax years 1987 — 88 and 1988 — 89 shall be paid not earlier than October 1989; and
b
in any other case, that part (if any) which the Secretary of State is required to pay under section 3(1)(b) of the Act of the minimum contributions which fall due in respect of earnings paid to the earner during the tax year in which the Secretary of State receives the notice shall be paid not earlier than October in the tax year following that in which the Secretary of State receives the notice,
unless the Secretary of State has reason to suppose that no notification under paragraph (2) or (3), containing correct information, can or will be served on him in relation to that earner.
Cases in which payments under section 7 of the Act are not to be made, or are to be made to prescribed persons
3
1
No payment shall be made under section 7 of the Act (schemes becoming contracted-out between 1st January 1986 and 5th April 1993) in any case to which paragraph (2), (3) or (4) applies.
2
This paragraph applies to a case where the earner in question, or another earner, has been in employment which —
a
was contracted-out employment by reference to a scheme other than the scheme in question during part or all of the period beginning on 1st January 1986 and ending on 5th April 1993; and
b
is indistinguishable from the employment of the earner in question except by reference to the identity of the employer, or the identity of the person employed, or both.
3
This paragraph applies to a case where the employment in question could have been contracted-out employment by reference to a scheme other than the scheme in question during part or all of the period beginning on 1st January 1986 and ending on 5th April 1993, but was not, because of a choice made by, or a failure to make a choice on the part of, the earner in question.
4
This paragraph applies to a case where the earnings in question are either —
a
earnings in relation to which the earner, being a married woman or widow, is liable to make contributions at a reduced rate in accordance with an election which she has made and which is still operative; or
b
earnings in relation to which contributions have not been paid or treated as paid, or the earner has paid contributions which are treated as not paid under regulation 38(1) and (2)(a) of the Social Security (Contributions) Regulations 1979 .
5
In a case where a scheme has ceased, on any date after 31st December 1985, to be a contracted-out scheme, no payment shall be made under section 7 of the Act to the trustees or managers of that scheme.
6
In a case where —
a
the scheme in question is a money purchase contracted-out scheme;
b
a period during which the earner in question has been in an employment which is or was contracted-out by reference to that scheme has terminated; and
c
effect has been given to that earner’s protected rights under that scheme,
no payment shall be made under section 7 of the Act to the trustees or managers of that scheme in respect of that earner in relation to any tax week falling within the period referred to in sub-paragraph (b) of this paragraph, except as provided by paragraph (12).
7
Where, but for the provisions of paragraph (6), or paragraphs (5) and (6), a payment would have fallen to be made under section 7 of the Act to the trustees or managers of a money purchase contracted-out scheme, a payment of the same amount shall, subject to paragraph (8), be made, in the circumstances described in paragraphs (9) and (11), to the persons described in paragraphs (10) and (12) (and in no other circumstances and to no other persons).
8
Where a payment would otherwise be required under paragraph (7), it shall not be required if the scheme in question has ceased to be a contracted-out scheme unless effect was given to the protected rights of the earner in question before the end of the tax year following that which included the date with effect from which the scheme ceased to be a contracted-out scheme.
9
Paragraph (10) applies where effect has been given to the earner’s protected rights by the making of a transfer payment to a personal pension scheme or to another occupational pension scheme.
10
Where the personal pension scheme is an appropriate scheme or the occupational pension scheme is another money purchase contracted-out scheme, the payment shall be made to the trustees or managers of that personal pension scheme or occupational pension scheme.
11
Paragraph (12) applies where effect has been given to the earner’s protected rights by the purchase of an annuity, or, where the scheme is still a contracted-out scheme, by the provision by the scheme of a pension.
12
Where —
a
the amount of the payment is at least 10 times as great as the lower earnings limit (within the meaning of section 1 of the Social Security Pensions Act 1975) for the tax year in which the Secretary of State first becomes aware that the relevant payment under section 7 falls to be made, or would fall to be made but for paragraph (5) or (6); and
b
the Secretary of State is satisfied that the amount paid will be applied fairly to increase the amount of the annuity or pension,
the payment shall be made (in the case of an annuity) to the insurance company from which the annuity has been purchased, or (in the case of a pension) to the trustees or managers of the scheme.
Claim for payment under section 7 of the Act
4
A payment under section 7 of the Act shall not be made unless a claim is made for it in writing in such form as the Secretary of State may direct, by —
a
the person who is or was the employer of the earner in question in relation to the employment in question; or
b
in a case where the Secretary of State is satisfied by information furnished to him by the trustees or managers of the scheme that that person has not made, and does not intend to make, any claim in relation to the scheme in question, the trustees or managers of the scheme.
Manner of payment under section 7 of the Act
5
Payments under section 7 of the Act shall be made —
a
by automated direct credit transfer into a bank or building society account which relates to the relevant scheme and which accepts payments made by automated direct credit transfer; or
b
in such other manner as the Secretary of State may in his discretion decide.
Periods to be substituted for a tax week in particular cases
6
1
Section 7 of the Act shall have effect —
a
in the case of an earner whose earnings are paid monthly, as if for any reference to a tax week there were substituted a reference to a month and as if for the references to £1.00 in subsection (4)(b) there were substituted references to £4⅓;
b
in the case of an earner whose earnings are paid by reference to a period consisting of 2 or more months, as if for any reference to a tax week where were substituted a reference to that period and as if for the references to £1.00 in subsection (4)(b) there were substituted references to £4⅓ multiplied by the number of months in that period; and
c
in the case of an earner whose earnings are paid by reference to any other period which is not a week or an exact number of weeks or a month or an exact number of months, as if for any reference to a tax week there were substituted a reference to that other period and as if for the references to £1.00 in subsection (4)(b) there were substituted references to a seventh of £1.00 multiplied by the number of days in that period.
2
Where an amount to be paid under section 7 would otherwise not be a whole number of pence, it shall be taken to be the nearest whole number of pence, or, when the 2 nearest whole numbers are equally near, the lower of them.
State scheme premiums increased by interest on incentive payments
7
1
For the purposes of section 7(7)(b) of the Act (state scheme premiums under section 44 or 44A of the Social Security Pensions Act 1975 to be increased by the amount of a payment under section 7 of the Act and interest on that payment) the interest shall be calculated in accordance with paragraph (3).
2
In this regulation, “the relevant period” means a period beginning on the date on which the payment under section 7 was made, and ending —
a
where the state scheme premium is an accrued rights premium or a pensioner’s rights premium —
i
on the date (if any) on which arrangements made in relation to the relevant earner and approved by the Occupational Pensions Board under section 44 of the Social Security Pensions Act 1975 ceased to be so approved, or
ii
if no such arrangements have been so approved, on the date of the determination by the Occupational Pensions Board as a result of which the relevant occupational pension scheme ceased to be contracted-out;
and
b
where the state scheme premium is a transfer premium, on the date of the election to pay it.
3
The interest shall be calculated at the rate of 8½ per cent. a year compound, so however that —
a
if the relevant period is less than a year, no interest shall be paid; and
b
if the relevant period consists of one or more complete years followed by a part of a year, the interest during that part of a year shall be calculated at the rate, for each day in that part of a year, of 8½ per cent. divided by 366 where that day falls, or 365 where it does not fall, within a period of a year which begins on an anniversary of the first day of the relevant period and includes 29th February.
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 and interpretation
1
1
This Order may be cited as the Social Security Act 1986 (Commencement No. 5) Order 1987.
2
In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Social Security Act 1986.
Appointed day
2
Subject to article 3 below, the day appointed for the coming into force of the provisions of the Social Security Act 1986 which are specified in Schedule 1 to this Order is 6th April 1987.
Exceptions
3
The appointment of 6th April 1987 for the coming into force of paragraph 67 of Schedule 10 (amendments to rates of allowances under Old Cases Act schemes) shall not have effect in relation to any person who has retired, or is treated as having retired, from regular employment, for the purposes of the Social Security Act 1975 , for so long as he continues to be treated as retired for those purposes.
Amendment of the Social Security Act 1986 (Commencement No. 4) Order 1986
4
Part II (provisions coming into force on 6th April 1987) of the Schedule to the Social Security Act 1986 (Commencement No. 4) Order 1986 is amended by —
a
the insertion, after the words “Section 38, to the extent that it is not already in force” of the words “except to the extent that it repeals so much of section 5(1) of the Social Security Act 1980 as amends section 12(1)(d) of the Social Security Act 1975”;
b
the substitution, for the words “Schedule 8 and section 75 so far as it relates to it”, of the words “Schedule 8, except paragraph 7(1)(b), and section 75 so far as it relates to that Schedule”; and
c
the omission of references to the provisions specified in Schedule 2 below, being provisions repealed by section 86(2) of and Schedule 11 to the Social Security Act 1986.
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
6th March 1987


text:
Title and commencement
1
This Order may be cited as the Export of Sheep (Prohibition) Order 1987 and shall come into force on 17th February 1987.
Prohibition of export of sheep
2
1
No person shall export from Great Britain to a member State any sheep to which this Order applies.
2
Subject to paragraphs (3) and (4) below, this Order applies to any sheep which —
a
was moved from a place situated in an area which is a designated area for the purposes of Part I of the Food and Environment Protection Act 1985 by virtue of —
i
article 3 of the Food Protection (Emergency Prohibitions) (England) ( No. 2) Order 1986 ;
ii
article 3 of the Food Protection (Emergency Prohibitions) (Wales) (No. 2) Order 1986 ; or
iii
article 3 of the Food Protection (Emergency Prohibitions) (No. 10) Order 1986 ,
in accordance with the terms of a consent under section 2(1) of that Act (consent to the doing of things prohibited by an emergency order under section 1 of that Act) which required that the sheep to which it applies should be marked in a manner specified therein; or
b
was moved from such an area in contravention of a prohibition on its movement imposed by an order made under section 1(1) of that Act (which empowers the making of emergency Orders) which applied to that sheep at the time it was moved.
3
This Order applies to a sheep only for so long as the area from which it has been moved remains a designated area for the purposes of any of the Orders referred to in paragraph (2)(a) above.
4
Paragraph (2)(a) above shall not apply in the case of any sheep which has been examined and marked by an ear-tag by a person authorised in that behalf by the appropriate Minister.
Enforcement
3
This Order shall be executed and enforced by local authorities.
Revocation
4
The Export of Sheep (Prohibition) (No. 2) Order 1986 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food was hereunto affixed on 15th February 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 71) Order 1987 and shall come into force on 27th November 1987.
2
A safety zone is hereby established around the installation specified in Column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in Columns 2 and 3 of the Schedule.
Peter Morrison
Minister of State,
Department of Energy
25th November 1987


text:
Citation and operation
1
These Regulations may be cited as the Control of Industrial Air Pollution (Transfer of Powers of Enforcement) Regulations 1987 and shall come into force on 1st April 1987.
Transfer of powers of enforcement
2
The Secretary of State shall be the authority responsible for the enforcement of the following relevant statutory provisions:
a
section 5 of the Health and Safety at Work etc. Act 1974 , and
b
the Alkali, Works Regulation Act 1906 (“the 1906 Act ”).
Consequential provisions
3
1
In section 27(1) of the 1906 Act (interpretation of terms), the definition of the expression “inspector” shall be omitted and the following substituted therefor:
The expression “inspector” means an inspector appointed by the Secretary of State under section 19 of the Health and Safety at Work etc. Act 1974:
.
2
Paragraph 1 of Schedule 2 to the Clean Air Enactments (Repeals and Modifications) Regulations 1974 (“the 1974 Regulations ”), to the extent that it relates to the definition of the expression “inspector”, is hereby revoked.
4
1
Section 9(5) and (7) of the 1906 Act shall have effect as if the references therein to the Local Government Board, or for Scotland the Secretary for Scotland, were references to the Secretary of State.
2
Paragraph 2 of Schedule 2 to the 1974 Regulations (which requires the references mentioned in paragraph 1 of this Regulation to have effect as if they were references to the Health and Safety Executive) is hereby revoked.
5
1
In Articles 3, 5, 6, 7 and 8, of the Alkali, Works Regulation Order (Scotland) 1933 , references to the Department shall have effect as if they were references to the Secretary of State.
2
Paragraph (f) of Regulation 5 of the 1974 Regulations (which requires the references mentioned in paragraph 1 of this Regulation to be construed as references to the Health and Safety Executive) is hereby revoked.
6
1
In Articles 3, 5, 6 and 7 of the Alkali, Works (Registration) Order 1957 , references to the Minister of Housing and Local Government shall have effect as if they were references to the Secretary of State.
2
Regulation 8 of the 1974 Regulations (which requires the references mentioned in paragraph 1 of this Regulation to have effect as if they were references to the Health and Safety Executive) is hereby revoked.
7
In Regulation 11 of the 1974 Regulations (references to inspectors), for the words “Health and Safety Executive” there shall be substituted the words “Secretary of State”.
Transitional provision
8
These Regulations shall not affect the validity of anything done before they come into force under any provision of an enactment or subordinate legislation which is amended or the effect of which is modified by these Regulations; and anything which at the coming into force of these Regulations is in process of being done for the purposes of that provision by or in relation to the Health and Safety Executive may be continued by or in relation to the Secretary of State.
Signed by order of the Secretary of State
K. Clarke
Paymaster General
Department of Employment
9th February 1987


text:
1
These Rules may be cited as the Patents (Fees) (Amendment) Rules 1987 and shall come into force on 27th April 1987.
2
The Patents (Fees) Rules 1987 (c) shall have effect subject to the following amendments:
a
for Rule 4 thereof there shall be substituted the following Rule:
4
Where application is made, or by virtue of section 120(2) of the Patents Act 1977 is taken to have been made, on or after 27th April 1987 but before 26th May 1987 for renewal of a patent in respect of any year beginning on or after 26th May 1987, the fee payable on such application shall be that which would be payable if the application were made on or after 26th May 1987 and Rules 1(2) and 3 above had come into force.
; and
b
in the item corresponding to Patents Form No. 53/77 in Part A of the Schedule to the said Rules, for the reference to Rule 100(3C) there shall be substituted a reference to Rule 110(3C).
Paul Channon
Secretary of State for Trade and Industry
23rd April 1987
We consent to the making of these Rules.
Michael Neubert
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
24th April 1987


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment (No. 2) Regulations 1987 and shall come into force on 1st October 1987.
Amendment of regulations
2
1
The National Health Service (General Dental Services) Regulations 1973 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 26D (Amount and time of payments in consequence of suspension) —
a
in paragraph (1)(a)(i) for the amount “£1808” there shall be substituted the amount “£1935”;
b
in paragraph (1)(a)(ii) for the amount “£904” there shall be substituted the amount “£967”;
c
in paragraph (1)(b)(i) for the amount “£904” there shall be substituted the amount “£967”;
d
in paragraph (1)(b)(ii) for the amount “£1808” there shall be substituted the amount “£1935” and
e
in paragraph (2) for the amount “£99,415” in both places where it occurs there shall be substituted the amount “£107,103”.
3
In Part I of Schedule 1 (terms of service for dentists) in paragraph 10A (preventive treatment) after the words “topical fluoride preparations” there shall be inserted the words “or fissure sealants”.
Signed by authority of the Secretary of State for Social Services.
Edwina Currie
Parliamentary Under-Secretary of State,
Department of Health and Social Security
24th August 1987


text:
1
This Order may be cited as the Data Protection (Subject Access Modification) (Social Work) Order 1987 and shall come into force on 11th November 1987.
2
1
In this Order —
“ the Act ” means the Data Protection Act 1984;
“education welfare officer” has the same meaning as in section 50 of the Education (No.2) Act 1986 ;
“health authority” has the same meaning as in the National Health Service Act 1977 ; and
“the subject access provisions” has the meaning which it has for the purposes of Part IV of the Act.
2
Any reference in this Order to a local authority in relation to data held or formerly held by it includes a reference to the Council of the Isles of Scilly in relation to data held or formerly held by the Council in connection with any functions mentioned in article 3(1)(a)(i) below which are or have been conferred upon the Council by or under any enactment.
3
1
Subject to paragraph (3) below, this Order applies to personal data falling within any of the following descriptions: —
a
data held by a local authority —
i
in connection with its social services functions within the meaning of the Local Authority Social Services Act 1970 or any functions which stand referred to a social work committee under the Social Work (Scotland) Act 1968 , or
ii
in the exercise of other functions but obtained or consisting of information obtained in connection with any of those functions;
b
data held by a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 in connection with the provision of personal social services within the meaning of that Order or held by the Board in the exercise of other functions but obtained or consisting of information obtained in connection with the provision of those services;
c
data held by a district council in the exercise of its functions under Part II of Schedule 9 to the Health and Social Services and Social Security Adjudications Act 1983 ;
d
data held by a probation committee established by Schedule 3 to the Powers of Criminal Courts Act 1973 or the Probation Board for Northern Ireland;
e
data held by a local education authority or local authority for the purposes of any functions performed by education welfare officers;
f
data relating to persons detained in a special hospital provided by the Secretary of State under section 4 of the National Health Service Act 1977 and held by a health authority in the exercise of any functions similar to any social services functions of a local authority;
g
data held by the National Society for the Prevention of Cruelty to Children or the Royal Scottish Society for the Prevention of Cruelty to Children or by any other voluntary organization or other body designated under this sub-paragraph by the Secretary of State or the Department of Health and Social Services for Northern Ireland and appearing to the Secretary of State or the Department, as the case may be, to be held for the purposes of the provision of any service similar to a service provided in the exercise of any functions specified in sub-paragraphs (a)(i), (b) or (c) above;
h
data held by —
i
a health authority or a Family Practitioner Committee established under section 10 of the National Health Service Act 1977, or
ii
a Health Board established under section 2 of the National Health Service (Scotland) Act 1978 ,
which were obtained or consisted of information which was obtained from any authority or body mentioned above or government department and which, whilst held by that authority or body or government department, fell within any sub-paragraph of this paragraph;
i
data held by a government department and obtained or consisting of information obtained from any authority or body mentioned above and which, whilst held by that authority or body, fell within any of the preceding sub-paragraphs of this paragraph;
j
data held for the purposes of the functions of the Secretary of State pursuant to section 80 of the Child Care Act 1980 ;
k
data held by any person appointed for any purpose mentioned in section 103 of the Children Act 1975 or by a reporter appointed under section 36 of the Social Work (Scotland) Act 1968.
2
This Order applies to personal data held by a court and consisting of information supplied in a report or other evidence given to the court by a local authority, Health and Social Services Board, probation officer or other person in the course of any proceedings to which the Magistrates' Courts (Children and Young Persons) Rules 1970 , the Magistrates' Courts (Children and Young Persons) (Northern Ireland) Rules 1969 or the Act of Sederunt (Social Work) Sheriff Court Procedure Rules 1971 apply where, in accordance with a provision of any of those Rules, the information may be withheld by the court in whole or in part from the data subject.
3
This Order, except so far as it relates to any data mentioned in paragraph (2) above, does not apply —
a
to any data consisting of information as to the physical or mental health of the data subject to which the Data Protection (Subject Access Modification) (Health) Order 1987 applies; or
b
to any data which are exempted from the subject access provisions by an order made under section 34(2) of the Act, and this Order is without prejudice to any exemption from the subject access provisions contained in any provision of the Act.
4
1
The subject access provisions shall not have effect in relation to any personal data to which this Order applies by virtue of article 3(2) above.
2
So much of the subject access provisions as concerns the obligation in section 21(1)(b) of the Act to supply the data subject with a copy of the information constituting the data and any power of the Registrar in Part II thereof which is exercisable by reference to paragraph (a)(ii) of the seventh data protection principle shall not have effect in relation to any personal data to which this Order applies by virtue of article 3(1) above in any case where either of the requirements specified in paragraph (3) below is satisfied.
3
The requirements referred to in paragraph (2) above are that the application of the provisions mentioned in that paragraph would be likely to prejudice the carrying out of social work by reason of the fact that —
a
serious harm to the physical or mental health or emotional condition of the data subject or any other person would be likely to be caused; or
b
the identity of another individual (who has not consented to the disclosure of the information) either as a person to whom the information or part of it relates or as the source of the information would be likely to be disclosed to or deduced by the data subject or any other person who is likely to obtain access to it either from the information itself or from a combination of that information and other information which the data subject or such other person has or is likely to have.
4
Paragraph (3) above shall not be construed as excusing a data user —
a
from supplying the information sought by the request for subject access where the only individual whose identity is likely to be disclosed or deduced as mentioned in sub-paragraph (b) thereof is a relevant person; or
b
from supplying so much of the information sought by the request as can be supplied without causing serious harm as mentioned in sub-paragraph (a) thereof or enabling the identity of another individual to be disclosed or deduced as mentioned in sub-paragraph (b) thereof, whether by the omission of names or other particulars or otherwise.
5
In paragraph (3) above “the carrying out of social work” shall be construed as including —
a
the exercise of any functions specified in article 3(1)(a)(i), (c), (e), (f) or (j) above;
b
the provision of any service mentioned in article 3(1) (b) or (g) above; and
c
the exercise of the functions of any body mentioned in article 3(1)(d) above or any person mentioned in article 3(1)(k) above.
6
A person is a relevant person for the purposes of paragraph (4)(a) above if he —
a
is a person referred to in article 3(1)(k) above; or
b
is or has been employed by any person or body referred to in the said article 3(1) in connection with functions which are or have been exercised in relation to the data consisting of the information; or
c
has provided for reward a service similar to a service provided in the exercise of any functions specified in sub-paragraph (a)(i), (b), or (c) thereof,
and the information relates to him or he supplied the information in his official capacity or, as the case may be, in connection with the provision of that service.
7
In relation to data to which this Order applies, section 21 of the Act shall have effect as if subsections (4)(b) and (5) were omitted and as if the reference in subsection (6) to the consent referred to in the said section 21(4)(b) were a reference to the consent referred to in paragraph (3)(b) above.
8
Section 21(8) of the Act shall have effect, in its application to data to which this Order applies by virtue of article 3(1) above, as if the reference therein to a contravention of the foregoing provisions of that section included a reference to a contravention of the provisions contained in paragraphs (2) to (7) above.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
9th November 1987