text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Personal Pension Schemes (Disclosure of Information) Regulations 1987 and shall come into force on 27th July 1987.
2
In these Regulations, unless the context otherwise requires —
“the 1975 Act ” means the Social Security Pensions Act 1975;
“the 1986 Act ” means the Social Security Act 1986;
“beneficiary”, in relation to a scheme, means a person, other than a member of the scheme, who is entitled to payment of benefits under the scheme;
“linked long-term insurance policy” means any contract under which the benefits payable to the policy holder are wholly or partly to be determined by reference to the value of, or the income from, property of any description (whether or not specified in the contract) or by reference to fluctuations in, or in any index of, the value of property of any description (whether or not so specified);
“member” means a member of a scheme;
“pensionable age” means, in the case of a man, 65, and in the case of a woman, 60;
“scheme” means personal pension scheme;
“scheme year”, in relation to a scheme, means whichever of the following periods the trustees of the scheme select —
a year specified for the purposes of the scheme —
in any document comprising the scheme or which is included among the documents comprising it; or
in the rules of the scheme;
a calendar year;
the 12 months ending with 31st March;
the 12 months ending with 5th April,
and also includes, in a case where the trustees have selected a period (“new scheme year”) to replace a previously selected period (“old scheme year”), a period exceeding 12 months but not exceeding 24 months between the last old scheme year and the first new scheme year;
“trustees”, in relation to a scheme which is not set up or established under a trust, means the managers of the scheme;
and other expressions have the same meaning as in the 1986 Act.
3
Except so far as the context otherwise requires, any reference —
a
in these Regulations to a numbered regulation or Schedule is to the regulation in, or, as the case may be, Schedule to, these Regulations, bearing that number;
b
in a regulation or Schedule to a numbered paragraph is to the paragraph of that regulation or Schedule bearing that number;
c
in a paragraph to a lettered sub-paragraph is to the sub-paragraph of that paragraph bearing that letter.
Schemes to which regulations 3 to 6 do not apply
2
None of the requirements of regulations 3 to 6 shall apply to a scheme comprised in an annuity contract or trust scheme which is for the time being approved by the Commissioners Inland Revenue under section 226 or 226A of the Income and Corporation Taxes Act 1970 .
Constitution of scheme
3
1
Subject to the provisions of regulation 2, the trustees of any scheme shall make provision, in the manner specified in paragraphs (2) and (3), for the disclosure to persons in the categories specified in paragraph (4), of —
a
the contents —
i
of the trust deed constituting the scheme, if it is constituted by such a deed, and
ii
of any document constituting the scheme, if it not constituted by a trust deed,
and, if the rules of the scheme are not set out in any trust deed or other document the contents of which fall to be disclosed under head (i) or (ii) above, the contents of the rules; and
b
the contents of any document which amends or supplements or wholly or partly supersedes a document the contents of which fall to be disclosed under sub-paragraph (a) or this sub-paragraph.
2
A copy of the contents of any of the documents of which disclosure is required by paragraph (1) shall be made available free of charge for inspection on request (not being a request made by a person within 12 months of the last occasion on which a copy of the contents of the same document was made available for inspection by the same person) by any person in the categories specified in paragraph (4), within a reasonable time after the request is made, at a place which is reasonable having regard to the circumstances of the request.
3
A copy of any of the documents of which disclosure is required by paragraph (1) shall be furnished, on request, on payment of a reasonable charge, to any person in the categories specified in paragraph (4), within a reasonable time after the request is made, so however that in the case of a document which is publicly available the trustees of the scheme may, instead of furnishing a copy, advise the person who has requested it where copies may be obtained.
4
The categories of persons mentioned in paragraphs (1) to (3) are the following, namely —
a
in relation to an appropriate scheme —
i
members of the scheme,
ii
spouses of members,
iii
beneficiaries under the scheme; and
b
in relation to any other scheme —
i
members of the scheme,
ii
beneficiaries under the scheme.
Basic information about the scheme
4
1
Subject to the provisions of regulation 2 and paragraph (4), the trustees of any scheme shall furnish in writing the information specified in Schedule 1 to persons in the categories specified in paragraphs (2) and (3).
2
The information specified in Schedule 1 shall be furnished as of course to every member of the scheme within 13 weeks of his becoming a member.
3
The information specified in Schedule 1 shall —
a
in relation to an appropriate scheme, be given to —
i
members of the scheme,
ii
spouses of members,
iii
beneficiaries under the scheme; and
b
in relation to any other scheme, be given to —
i
members of the scheme,
ii
beneficiaries under the scheme,
on request (not being a request made by a person within 3 years of the last occasion on which the same person was furnished with information in accordance with paragraph (2) or this paragraph) as soon as practicable after he requests it.
4
Where different information is applicable to different members and beneficiaries, nothing in this regulation shall be construed as requiring the trustees of the scheme to disclose information in relation to a member or beneficiary that is not relevant to his rights under the scheme.
5
Any member who is entitled to be furnished with information specified in Schedule 1, in relation to any scheme, shall be notified by its trustees of any material alteration in the information specified in paragraph 1, 2, 4 or 8 of Schedule 1 within one month of the occurrence of the alteration.
6
Any member who is entitled to be furnished with information specified in Schedule 1, in relation to any scheme, shall, except in the circumstances mentioned in paragraph (7), be notified by its trustees of any intended material alteration in the information specified in paragraph 3, 6, 7, 10, 11, 12 or 13 of Schedule 1 not less than 3 months before the alteration is intended to take effect.
7
Where any intended material alteration in the information specified in those paragraphs of Schedule 1 mentioned in paragraph (6) —
a
is consequential on events over which the trustees of the scheme had no control, and
b
it is not possible for them to comply with the requirements of paragraph (6) within the 3 month period mentioned in that paragraph,
they shall comply with those requirements as soon as reasonably practicable after the intention is formed to make the alteration.
8
When any information is provided in accordance with the foregoing provisions of this regulation, it shall be accompanied by a written statement that further information about the scheme is available, giving the address to which enquiries about it should be sent.
Information to be made available to individuals
5
1
Subject to the provisions of regulation 2, the trustees of any scheme shall furnish in writing the information specified in Schedule 2, to the persons in the categories and in the circumstances specified in paragraphs (2) to (8).
2
The information mentioned in paragraphs 1 and 2 of Schedule 2 shall be furnished as of course to each member of the scheme at least once in every period of 12 months after the date of his becoming a member of it.
3
Where the scheme is not an appropriate scheme, the information mentioned in paragraph 3 of Schedule 2 shall be sent, as of course, to each member who has no protected rights under the scheme, not less than 4 months before the last date on which he may make contributions to the scheme, so however that where —
a
his expected date of retirement is earlier or later than the last date on which he may make contributions to the scheme, and
b
he has given the trustees not less than 5 months' prior notice in writing of that expected date,
that information shall be sent not less than 4 months before that expected date.
4
Where the scheme is, or has been, an appropriate scheme and members have protected rights under it, the information mentioned in paragraph 4 of Schedule 2 shall be sent, as of course, to each member with such rights —
a
not less than 4 months, but not more than 6 months, before he attains pensionable age, and
b
not less than 4 months before the member attains the age of 75 years if effect has not been given to his protected rights by the beginning of the sixth month before the member attains the age of 75 years.
5
Where a member of, or a beneficiary under, a scheme has died and rights or options are available to a person in consequence, the information mentioned in paragraphs 5 and 6 of Schedule 2 shall be furnished —
a
as of course to that person, if he is at least 18 years old and his address is known to the trustees, as soon as practicable after the trustees receive notification of the death; and
b
on request (not being a request made within 3 years of the last occasion on which information was furnished under this paragraph to the same person in the same capacity) to any person who is a personal representative of the deceased person or who is authorised to act on behalf of the person to whom rights or options under the scheme are available in consequence of the death, as soon as practicable after he requests it.
6
Where a member who is an earner gives notice in accordance with section 1(10) of the 1986 Act, the trustees shall, within 3 months of their becoming aware of the giving of the notice, furnish the member who gave it with the information mentioned in paragraphs 1, 2 and 11 of Schedule 2.
7
Where the trustees of the scheme give notice in accordance with section 1(10) of the 1986 Act, they shall, within 4 weeks of the date of the giving of the notice, furnish the member in respect of whom the notice was given with the information mentioned in paragraphs 1, 2 and 11 of Schedule 2.
8
Where the scheme is not an appropriate scheme and it has been decided to wind it up or otherwise to cause it to cease accepting contributions or to cause it to cease to manage the contributions already paid to it, the trustees of the scheme shall —
a
inform each member of that decision as soon as practicable, and in any event not more than 4 weeks after it was made;
b
furnish each member as soon as practicable, and in any event not more than 4 months after the decision was made, with the information mentioned in paragraphs 1, 2 and 7 of Schedule 2; and
c
where the scheme is unable to meet in full its liabilities to its members, furnish each member as soon as practicable, and in any event not more than 4 months after the decision was made, with the information mentioned in paragraph 8 of Schedule 2.
9
Where the Occupational Pensions Board have determined that any scheme should cease to be an appropriate scheme, the trustees of the scheme shall —
a
inform each member of that determination as soon as practicable, and in any event not more than 4 weeks after it was communicated to the trustees by the Occupational Pensions Board;
b
furnish each member as soon as practicable, and in any event not more than 4 months after the determination was so communicated to the trustees, with the information mentioned in paragraphs 1, 2, 9, 10 and 11 of Schedule 2; and
c
where the scheme is unable to meet in full its liabilities to its members, furnish each member as soon as practicable, and in any event not more than 4 months after the decision was made, with the information mentioned in paragraph 8 of Schedule 2.
10
When any information is provided in accordance with the foregoing provisions of this regulation it shall be accompanied by a written statement that further information about the scheme is available, giving the address to which enquiries about it should be sent.
Availability of other information
6
1
Subject to the provisions of regulation 2, the trustees of any scheme shall, in relation to, and not more than one year after the end of, each scheme year which commences on or after 1st October 1987, make available copies of a document or a series of documents which contains information, consisting of or including the information specified in Schedule 3 (so far as it applies to the scheme), to scheme members in the circumstances mentioned in paragraphs (3) and (4).
2
The trustees shall take reasonable steps to draw to the attention of scheme members the availability of any such document or series of documents as is mentioned in paragraph (1).
3
A copy of any such document or series of documents as is mentioned in paragraph (1), being neither the latest nor one which relates to a scheme year which ended more than 5 years previously, shall be made available free of charge for inspection on request (not being a request made by a person within 3 years of the last occasion on which a copy of the same document or series of documents was made available for inspection by the same person) by any scheme member within a reasonable time after the request is made, at a place which is reasonable having regard to the circumstances of the request.
4
A copy of the latest such document or series of documents as is mentioned in paragraph (1) shall be furnished free of charge on request (not being a second or subsequent request by the same person for a copy of the same document or series of documents) to any scheme member as soon as practicable after he requests it.
Service of documents by post
7
1
Any information or document, which these Regulations require the trustees of a scheme to furnish to any person, may be furnished by sending it by post to that person to his last address known to the trustees.
2
Any request for information or a document, or any notification, made by any person to the trustees of a scheme, for the purpose of these Regulations, may be made or given by sending it by post to the trustees, to their last address known to that person.
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:
1
1
These Regulations may be cited as the Local Government (Prescribed Expenditure) (Amendment) Regulations 1987 and shall come into force on 1st April 1987.
2
Regulations 1(2) and 4 of the Local Government (Prescribed Expenditure) (Amendment) Regulations 1985 are revoked.
2
The Local Government (Prescribed Expenditure) Regulations 1983 are hereby amended as follows–
a
in regulation 2 —
i
the definition of“the Housing Acts” shall be deleted;
ii
in the definition of“housing association” for“section 189(1) of the Housing Act 1957” there shall be substituted“section 5(1) of the Housing Act 1985” ;
iii
for the definition of“shared ownership tenancy” there shall be substituted the following definition–
“shared ownership lease” has the meaning ascribed to it by section 622 of the Housing Act 1985
;
b
in regulation 4 for“Part V of the Housing Act 1957” there shall be substituted“Part II of the Housing Act 1985”;
c
regulation 7 shall be deleted;
d
for Schedule 1 there shall be substituted the Schedule to these Regulations;
e
for paragraph 2 of Schedule 3 there shall be substituted the following paragraph–
2
1
Expenditure on the acquisition of an interest in or right over any vehicle, vessel, plant, machinery or apparatus (“the asset”) where —
a
the agreement which creates that right or interest or any arrangement entered into in connection with that agreement does not provide or do not together provide for —
i
the property in the asset to transfer to the authority under the agreement or arrangement or any renewal or continuation of the agreement or arrangement; or
ii
the renewal or continuation of the agreement or arrangement for a further period for a consideration which is materially less than what would be regarded, at the time when the agreement or arrangement is made, as the open market rental for that further period; or
iii
the value of the asset at the date of the expiry or termination of the agreement or arrangement to accure directly or indirectly to the authority; and
b
the amount estimated by the authority at the date of the agreement mentioned in paragraph (a) or, if earlier, the arrangement so mentioned, as the value of the asset at the expiration of that agreement or, if later, that arrangement equals or exceeds ten per cent of the value of the asset at the date of that agreement or arrangement.
2
For the purpose of estimating the value first mentioned in sub-paragraph (1)(b), the date on which an agreement or arrangement expires shall, if the agreement or arrangement makes provision for the extension of its term, be taken to be the date on which the extended term would come to an end.
.


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Appeals) (Written Representations Procedure) Regulations 1987 and shall come into force on 5th May 1987.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Town and Country Planning Act 1971;
“appeals questionnaire” means a document in the form supplied by the Secretary of State to local planning authorities for the purpose of proceedings under these Regulations; and
“local planning authority” means the body who were responsible for dealing with the application occasioning the appeal.
Application
3
1
These Regulations apply where, after they come into force, a person giving notice of appeal to the Secretary of State under section 36 of the Act (“the appellant”) informs the Secretary of State in the notice that he wishes the appeal to be disposed of on the basis of written representations and other documents.
2
Where an appeal under section 36 of the Act is being disposed of otherwise than on the basis of written representations and other documents and the appellant and the local planning authority inform the Secretary of State that they wish it to be disposed of on that basis, these Regulations thereafter apply to the proceedings to such extent as the Secretary of State may specify having regard to any steps already taken in relation to those proceedings.
3
These Regulations cease to apply as respects proceedings if the Secretary of State informs the appellant and the local planning authority that he will afford to them an opportunity of appearing before and being heard by a person appointed by him for the purpose.
4
In this regulation references to section 36 of the Act include a reference to that section as applied by section 37 .
Notification of receipt of appeal
4
The Secretary of State shall forthwith upon receipt of the notice of appeal advise the appellant and the local planning authority of —
a
the date of receipt (“the starting date”);
b
the reference number allocated to the appeal; and
c
the address to which written communications to the Secretary of State about the appeal are to be sent.
Notice to interested persons
5
1
The local planning authority shall not later than 5 working days after receiving notification of the appeal give written notice of it to —
a
any authority or any person notified or consulted in accordance with the Act or a development order about the application which has given rise to the appeal; and
b
any other person who made representations to the local planning authority about that application.
2
A notice under paragraph (1) shall —
a
state the name of the appellant and the address of the site to which the appeal relates;
b
describe the application;
c
set out the matters notified to the authority under regulation 4;
d
state that copies of any representations made by any authority or person mentioned in paragraph (1), other than representations which the maker has asked to be treated as confidential, will be sent to the Secretary of State and the appellant; and will be considered by the Secretary of State when determining the appeal unless, within 28 days of the starting date, the authority or person who made the representations asks the Secretary of State to disregard them;
e
state that further written representations may be submitted to the Secretary of State within 28 days of the starting date.
Appeals questionnaire
6
1
The local planning authority shall not later than 14 days after the starting date submit to the Secretary of State —
a
an appropriately completed appeals questionnaire;
b
a copy of all documents relating to the case which are referred to in the completed questionnaire other than any written representations which the maker has asked to be treated as confidential.
2
The appeals questionnaire shall state the date on which it is submitted and the local planning authority shall simultaneously send to the appellant a copy of the questionnaire and of all documents submitted to the Secretary of State under paragraph (1).
Representations
7
1
The notice of appeal and the documents accompanying it shall comprise the appellant’s representations in relation to the appeal.
2
The local planning authority may elect to treat the appeals questionnaire and the documents submitted with it as their representations in relation to the appeal; and, where they do so, they shall notify the Secretary of State and the appellant accordingly when submitting the questionnaire or sending the copy in accordance with regulation 6.
3
Where the local planning authority do not elect as described in paragraph (2), they may submit representations to the Secretary of State not later than 28 days after the starting date.
4
The appellant may make further representations by way of reply to the local planning authority not later than 17 days after —
a
in a case where the authority have elected as described in paragraph (2), the date stated on the appeals questionnaire as the date on which it was submitted to the Secretary of State; or
b
in a case where the authority have not so elected, the date of submission of the authority’s representations in accordance with paragraph (3).
5
Any representations made by the local planning authority or the appellant shall be dated and submitted to the Secretary of State on the date they bear; and the local planning authority shall on that date send to the appellant a copy of any representations they make and the appellant shall similarly send to the local planning authority a copy of any further representations he makes.
6
Any interested party may submit representations to the Secretary of State not later than 28 days after the starting date; and where the Secretary of State sends to the appellant and the local planning authority a copy of any such representations, he shall allow them a period of not less than 7 days in which to reply to them.
7
In this regulation references to representations include a reference to supporting documents.
Power to set later time limits
8
The Secretary of State may in a particular case give directions setting later time limits than those prescribed by these Regulations.
Decision on appeal
9
1
The Secretary of State may proceed to a decision on an appeal taking into account only such written representations and supporting documents as have been submitted within the relevant time limits.
2
The Secretary of State may, after giving the appellant and the local planning authority written notice of his intention to do so, proceed to a decision on an appeal notwithstanding that no written representations have been made within the relevant time limits if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.
3
In this regulation, “relevant time limits” means the time limits prescribed by these Regulations or, where the Secretary of State has given directions under regulation 8, the time limits set by those directions.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
9th April 1987


text:
1
These Regulations may be cited as the Goods Vehicles (Authorisation of International Journeys) (Fees) (Amendment) Regulations 1987 and shall come into force on 23rd December 1987.
2
The Goods Vehicles (Authorisation of International Journeys) (Fees) Regulations 1983 shall be amended by the substitution —
a
in regulations 4 and 5 of “£100” for “£105” and “£26” for “£27”;
b
in regulation 6 of “£2” for “£2.80” and “£1” for “£1.70”;
c
in regulation 7 of “£2” for “£2.80”.
Signed by authority of the Secretary of State.
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
20th November 1987
Michael Neubert
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd November 1987


text:
1
This Order may be cited as the Income Tax (Official Rate of Interest on Beneficial Loans) (No. 2) Order 1987 and shall come into force on 6th June 1987.
2
For the purposes of section 66 of, and Schedule 8 to, the Finance Act 1976 (which impose a charge to income tax on beneficial loans) the official rate of interest is prescribed to be 10é per cent. per annum.
Peter Lloyd
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
13th May 1987


text:
Commencement and citation
1
These Regulations shall come into force on 4th June 1987 and may be cited as the International Carriage of Perishable Foodstuffs (Vehicles With Thin Side Walls) Regulations 1987.
Fees
2
1
The fees payable in connection with the testing of units of transport equipment for conformity with the constructional requirements specified in Articles 2 and 4 of the Agreement of the 24th June 1986 shall be —
a
where the testing is carried out at the Refrigerated Vehicle Test Centre, a fee of £55 per unit;
b
where the testing is carried out at a place other than the Refrigerated Vehicle Test Centre —
i
a fee of £160 for each unit for up to four units presented at the same time, and
ii
a fee of £40 for each unit in addition.
2
The Agreement of the 24th June 1986 referred to in the preceding paragraph is the Agreement on the rules governing the carriage of frozen and deep frozen foodstuffs by equipment with thin side walls to and from Italy made at Paris on the 24th June 1986 between the Governments of the Italian Republic, the French Republic, the Federal Republic of Germany, the Kingdom of Belgium, the Kingdom of Denmark, the United Kingdom and the Kingdom of the Netherlands.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
8th May 1987
We consent to the making of these Regulations
Peter Lloyd
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
11th May 1987


text:
1
This Order may be cited as the Protection of Military Remains Act 1986 (Guernsey) Order 1987 and shall come into force on 21st August 1987.
2
The Protection of Military Remains Act 1986 shall extend to the Bailiwick of Guernsey and the territorial waters adjacent thereto subject to the exceptions, adaptations and modifications specified in the Schedule to this Order.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Financial Services Act 1986 (Applications for Authorisation) (Appointed Day) Order 1987.
2
The day appointed for the purposes of paragraph 1(1) of Schedule 15 to the Financial Services Act 1986 shall be 27th February 1988.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
14th December 1987


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 of this Order (the highway along this route being in this Order referred to as“the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that schedule (the highways along these routes being in this Order referred to as“the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of the highway which crosses the route of a new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question;
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway; and
2
i
“the deposited plan”
means the plan numbered GLRT65/5018/10/T011/2 — 1 marked“The A40 London — Fishguard Trunk Road (Swakeleys Road Junction Improvement Trunk Road and Slip Roads) Order 1987”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads”
means the main new trunk road and the slip roads and“a new trunk road” means one of those highways; and
iii
“the trunk road”
means that length of the A40 London — Fishguard Trunk Road in the London Borough of Hillingdon which is known as Western Avenue.
5
This Order shall come into force on 19th March 1987 and may be cited as the A40 London — Fishguard Trunk Road (Swakeleys Road Junction Improvement Trunk Road and Slip Roads) Order 1987.
Signed by authority of the Secretary of State for Transport
June Brideman
An Under Secretary in the
Department of Transport
9th March 1987


text:
Citation and commencement
1
1
This Order may be cited as the Mid Southern Water Order 1987 and shall come into force on 26th March 1987.
2
The Mid Southern Water Acts and Orders 1893 to 1986 and this Order may be cited together as the Mid Southern Water Acts and Orders 1893 to 1987.
Interpretation
2
In this Order —
“the Company”means the Mid Southern 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.
Capital and borrowing powers
3
For section 4 (capital and borrowing powers) of the Mid Southern Water Order 1972 there shall be substituted the following section —
4
1
The Company may raise capital by —
a
the issue of shares;
b
borrowing on mortgage of the undertaking;
c
borrowing by the issue of debenture stock.
2
Any sums to be raised in accordance with subsection (1), when added to —
a
the sums raised by the issue of existing share capital before the relevant date; and
b
other amounts raised by borrowing and still outstanding on that date;
shall not exceed £50 million.
3
Subject to subsection (4), the Company shall take such steps as may be necessary to ensure that the amounts raised as mentioned in paragraphs (b) and (c) of subsection (1) which are at any time outstanding do not exceed twice the aggregate of —
a
the sums raised by the issue of existing share capital; and
b
the amount of the Company’s reserves.
4
With the consent of the Secretary of State, the Company may raise an additional amount, as mentioned in paragraphs (b) and (c) of subsection (1), not exceeding ten per cent. of the total on the relevant date of the sums and amount specified in paragraphs (a) and (b) of subsection (3).
5
For the purposes of this section —
a
the amount raised by the issue of share capital or debenture stock is the amount raised after taking into account any premiums or discounts; and
b
in the case of any share capital or debenture stock issued for a consideration other than cash the nominal value shall be taken to have been the amount raised by that issue.
6
The Company’s powers of borrowing may be exercised without obtaining a certificate of a justice under section 40 of the Companies Clauses Consolidation Act 1845 .
7
Sums to be raised by the Company may be raised by the issue of new ordinary shares or stock or new preference shares or stock or, at the Company’s option, by any of those methods.
8
The Company shall not pay interest on any moneys borrowed or debenture stock issued under this section at a higher rate than seven per cent. per annum or such higher rate as the Secretary of State may from time to time allow:
Provided that the consent of the Secretary of State shall not be required to the payment of interest on moneys borrowed by the Company on mortgage of the undertaking or by the issue of debenture stock at a rate higher than seven per cent. per annum if the rate is a fixed rate and is certified to the Company as being appropriate in the circumstances of the case by —
a
the firm of stockbrokers, being members of a recognised stock exchange as defined in section 16(1) of the Company Securities (Insider Dealing) Act 1985 , or the bankers who placed the mortgage or placed or underwrote the issue of debenture stock; or
b
in the case of the raising of money on mortgage, an accountant or firm of accountants being either the duly appointed auditor or auditors of the Company or a person qualified to be so appointed.
9
In this section —
“the Company’s reserves”means the aggregate of any of the following amounts appearing in the Company’s last audited balance sheet —
a
any capital reserve;
b
any sum carried forward in accordance with section 77 of the Third Schedule; and
c
any amounts standing to the credit of any reserve or contingency fund established and maintained in accordance with section 76 of the Third Schedule;
“the relevant date”means the date on which the Company exercise the powers mentioned in subsection (1).
.
Temporary borrowing
4
Section 8 (temporary borrowing) of the Mid-Wessex Water Order 1960 shall have effect as if in the proviso for the words“one hundred thousand pounds”there were substituted the words“two million pounds”.
Maximum rates of dividend
5
1
The Company shall not in respect of any year pay dividends on their paid up share capital at rates greater than the following —
a
on capital subscribed before the date of commencement of this Order, the rates which they were empowered to pay immediately before that date;
b
on ordinary capital subscribed during the initial period, 10 per cent.;
c
on ordinary capital subscribed after the expiration of the initial period, 7 per cent. or such higher rate not exceeding 10 per cent. as the Secretary of State may allow;
d
on preference capital subscribed during the initial period, 12 per cent.;
e
on preference capital subscribed after the expiration of the initial period, 7 per cent. or such higher rate not exceeding 12 per cent. as the Secretary of State may allow; or
f
on any other capital which in accordance with the terms of subscription or issue bears a rate of dividend lower than the rates mentioned in paragraphs (b) to (e), that lower rate.
2
The Company shall be entitled to pay a dividend on ordinary capital at rates greater than those mentioned in paragraphs (b) and (c) of subsection (1) to make up deficiencies in dividends payable in the preceding five years in respect of that capital.
3
In this section the“initial period”means the period of five years beginning with the date of commencement of this Order.
Modification of the Third Schedule
6
Section 3 of the Mid-Wessex Water ( No. 2) Order 1957 (which applied the Third Schedule to the undertaking with certain modifications) shall be amended by substituting for paragraph (g) of subsection (3) the following paragraphs —
g
in section 76 (which provides for the establishment of reserve and contingency funds) —
i
in subsection (1) for the word“they”, where that word first occurs, there shall be substituted the words“the directors of the company”, after the words“as they think fit”there shall be inserted the words“(not being provisions for liabilities or charges within paragraph 89 of Schedule 4 to the Companies Act 1985) ”and for the word“them”in paragraph (a) there shall be substituted the words“the company”;
ii
in subsection (3) for the words“The undertakers”there shall be substituted the words“The directors of the company”;
iii
in subsection (4) for the words“twelve and a half”there shall be substituted the words“twenty-five”; and
iv
in subsection (5) for the words“one and a quarter”there shall be substituted the words“two and a half”;
gg
in subsection (1) of section 77 (which places a limitation on the balance carried forward at the end of the year) in paragraph (a) after the word“dividend”and in paragraph (c) after the word“dividends”there shall be inserted the words“together with the advance corporation tax associated therewith”;
.
.
Interim dividends
7
The directors of the Company may in any year, without calling a meeting of the shareholders for the purpose, declare and pay interim dividends out of the profits of the undertaking.
Appointment of proxies
8
Section 76 (manner of voting) of the Companies Clauses Consolidation Act 1845 as incorporated with the Mid Southern Water Acts and Orders 1893 to 1986 shall have effect subject to the following provisions —
a
a proxy appointed to vote for or on behalf of a member of the Company need not himself be such a member;
b
any member of the Company may in writing authorise an attorney to appoint a proxy to vote on his behalf and where the member is a corporation an officer or attorney may be so authorised; and
c
a copy of any authorisation mentioned in paragraph (b) shall be sent to the Company at the same time as any instrument appointing a proxy.
Repeals and revocations
9
1
Section 29 (interim dividend) and section 31 (appointment of proxies) of the Frimley and Farnborough District Water Act 1915 are repealed.
2
The Orders mentioned in column 1 of the Schedule to this Order are revoked to the extent mentioned in column 2.
Costs of Order
10
The costs, charges and expenses of and incidental to the application for and the preparation and making of this Order shall be paid by the Company and may in whole or in part be defrayed out of revenue.


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Merchant Shipping (Submersible Craft) (Amendment) Regulations 1987 and shall come into force on 1st April 1987.
2
The Merchant Shipping (Registration of Submersible Craft) Regulations 1976 shall be amended as follows: —
a
i
in regulation 1(2), for the definition of“submersible craft” there shall be substituted the following: —
“submersible craft” means any description of manned mobile submersible apparatus which is designed to maintain some or all of its occupants at or near atmospheric pressure including free, self-propelled, tethered, towed or bottom contact propelled apparatus and atmospheric diving suits. A diving bell is not a submersible craft for the purposes of these Regulations; and“diving bell” means any compression chamber which is capable of being manned and is used or designed for use under the surface of water in supporting human life being a chamber in which any occupant is or may be subjected to a pressure of more than 300 millibars above atmospheric pressure during normal operation;
;
ii
there shall be added at the end the following definition: —
“United Kingdom ship” means such a ship as is defined in section 21(2) of the Merchant Shipping Act 1979
;
b
in regulation 2(1) for paragraph (b) the following shall be substituted: —
b
launched, recovered, operated or supported from or comprises a United Kingdom ship
;
c
there shall be inserted after regulation 2(1) the following: —
1A
These Regulations do not apply to submersible craft which are not used in the course of or in connection with any trade or business or by any person for hire or reward.
.
3
The Merchant Shipping (Submersible Craft Construction and Survey) Regulations 1981 shall be amended as follows: —
a
in regulation 1(2): —
i
there shall be inserted (after the definition of“autonomous submersible craft”) the following definition:
“Certifying Authority” means the Secretary of State or any person authorised by the Secretary of State and includes (if so authorised) Lloyds Register of Shipping, the British Committee of Bureau Veritas, the British Committee of Det Norske Veritas, the British Committee of Germanischer Lloyd and the British Technical Committee of the American Bureau of Shipping;
;
ii
for the definition of“crew”, there shall be substituted the following: —
“crew” means the person or persons within the submersible craft required to operate the craft and its equipment
;
iii
for the definition of“submersible craft” there shall be substituted the following: —
“submersible craft” means any description of manned mobile submersible apparatus which is designed to maintain some or all of its occupants at or near atmospheric pressure including free, self-propelled, tethered, towed or bottom contact propelled apparatus and atmospheric diving suits. A diving bell is not a submersible craft for the purposes of these Regulations; and“diving bell” means any compression chamber which is capable of being manned and is used or designed for use under the surface of water in supporting human life being a chamber in which any occupant is or may be subjected to a pressure of more than 300 millibars above atmospheric pressure during normal operation;
;
iv
for the definition of“surveyor” there shall be substituted the following: —
“surveyor” means a surveyor appointed by a Certifying Authority;
;
v
there shall be added at the end the following definition: —
“United Kingdom ship” means such a ship as is defined in section 21(2) of the Merchant Shipping Act 1979
;
b
for regulation 2(1)(b) there shall be substituted: —
b
launched recovered or operated or supported from or comprises a United Kingdom ship.
;
c
for regulation 2(2) there shall be substituted: —
2
These Regulations do not apply to submersible craft which are not used in the course of or in connection with any trade or business or by any person for hire or reward.
;
d
in regulation 3(2), for“Secretary of State” (in both places) there shall be substituted“Certifying Authority”;
e
in regulation 3(3), for the second sentence there shall be substituted: —
The owner or his agent shall afford all necessary facilities for such survey and shall at the request of the Certifying Authority furnish such further documents or information as may be required
;
f
in regulation 3(4), for“Secretary of State” there shall be substituted“Certifying Authority”;
g
in regulation 4, for“Secretary of State” there shall be substituted“Certifying Authority”;
h
in regulation 5(1) for“Secretary of State” where it first appears there shall be substituted“Certifying Authority”;
i
in regulation 8, there shall be added as paragraph (3) the following: —
3
In any proceedings for an offence under these Regulations an averment in any process of the fact that anything was done or situated within waters to which these Regulations apply shall, until the contrary is proved, be sufficient evidence of that fact as stated in the averment.
;
j
there shall be inserted in Schedule 1 as a new sub-paragraph 5.2.9. and in Schedule 2 as a new sub-paragraph 5.2.6. the following sub-paragraph: —
be equipped with such medical stores as the Secretary of State may direct.
.
Signed by authority of the Secretary of State
Michael Spicer
Parliamentary Under Secretary of State,
Department of Transport
26th February 1987


text:
Citation and commencement
1
These Regulations may be cited as the Inheritance Tax (Double Charges Relief) Regulations 1987 and shall come into force on 22nd July 1987.
Interpretation
2
In these Regulations unless the context otherwise requires —
“ PET ” means potentially exempt transfer;
“property” includes part of any property;
“the 1984 Act ” means the Inheritance Tax Act 1984 ;
“the 1986 Act ” means Part V of the Finance Act 1986;
“section” means section of the 1984 Act.
Introductory
3
These Regulations provide for the avoidance, to the extent specified, of double charges to tax arising with respect to specified transfers of value made, and other events occurring, on or after 18th March 1986.
Double charges — potentially exempt transfers and death
4
1
This regulation applies in the circumstances to which paragraph (a) of section 104(1) of the 1986 Act refers where the conditions (“specified conditions”) of paragraph (2) are fulfilled.
2
The specified conditions to which paragraph (1) refers are —
a
an individual (“the deceased”) makes a transfer of value to a person (“the transferee”) which is a PET,
b
the transfer is made on or after 18th March 1986,
c
the transfer proves to be a chargeable transfer, and
d
the deceased immediately before his death was beneficially entitled to property to which paragraph (3) refers.
3
The property to which paragraph (2)(d) refers is property —
a
which the deceased, after making the PET to which paragraph (2)(a) refers, acquired from the transferee otherwise than for full consideration in money or money’s worth,
b
which is property which was transferred to the transferee by the PET to which paragraph (2)(a) refers or which is property directly or indirectly representing that property, and
c
which is property comprised in the estate of the deceased immediately before his death (within the meaning of section 5(1)), value attributable to which is transferred by a chargeable transfer (under section 4).
4
Where the specified conditions are fulfilled there shall be calculated, separately in accordance with sub-paragraphs (a) and (b), the total tax chargeable as a consequence of the death of the deceased —
a
disregarding so much of the value transferred by the PET to which paragraph (2)(a) refers as is attributable to the property, value of which is transferred by the chargeable transfer to which paragraph (3)(c) refers, and
b
disregarding so much of the value transferred by the chargeable transfer to which paragraph (3)(c) refers as is attributable to the property, value of which is transferred by the PET to which paragraph (2)(a) refers.
5
a
Whichever of the two amounts of tax calculated under paragraph (4)(a) or (b) is the lower amount shall be treated as reduced to nil but, subject to sub-paragraph (b), the higher amount shall be payable,
b
where the amount calculated under paragraph (4)(a) is higher than the amount calculated under paragraph (4)(b) —
i
so much of the tax chargeable on the value transferred by the chargeable transfer to which paragraph (2)(c) refers as is attributable to the amount of that value which falls to be disregarded by virtue of paragraph (ii) shall be treated as a nil amount, and
ii
for all the purposes of the 1984 Act so much of the value transferred by the PET to which paragraph (2)(a) refers as is attributable to the property to which paragraph (3)(c) refers shall be disregarded.
6
Part I of the Schedule to these Regulations provides an example of the operation of this regulation.
Double charges — gifts with reservation and death
5
1
This regulation applies in the circumstances to which paragraph (b) of section 104(1) of the 1986 Act refers where the conditions (“specified conditions”) of paragraph (2) are fulfilled.
2
The specified conditions to which paragraph (1) refers are —
a
an individual (“the deceased”) makes a transfer of value by way of gift of property,
b
the transfer is made on or after 18th March 1986,
c
the transfer is or proves to be a chargeable transfer,
d
the deceased dies on or after 18th March 1986,
e
the property in relation to the gift and the deceased is property subject to a reservation (within the meaning of section 102 of the 1986 Act),
f
i
the property is by virtue of section 102(3) of the 1986 Act treated for the purposes of the 1984 Act as property to which the deceased was beneficially entitled immediately before his death, or,
ii
the property ceases to be property subject to a reservation and is the subject of a PET by virtue of section 102(4) of the 1986 Act, and
g
i
the property is comprised in the estate of the deceased immediately before his death (within the meaning of section 5(1)) and value attributable to it is transferred by a chargeable transfer (under section 4), or
ii
the property is property transferred by the PET to which sub-paragraph (f)(ii) refers, value attributable to which is transferred by a chargeable transfer.
3
Where the specified conditions are fulfilled there shall be calculated, separately in accordance with sub-paragraphs (a) and (b), the total tax chargeable as a consequence of the death of the deceased —
a
disregarding so much of the value transferred by the transfer of value to which paragraph (2)(a) refers as is attributable to property to which paragraph (2)(g) refers, and
b
disregarding so much of the value of property to which paragraph (2)(g) refers as is attributable to property to which paragraph (2)(a) refers.
4
Where the amount calculated under paragraph (3)(a) is higher than the amount calculated under paragraph (3)(b) —
a
only so much of that higher amount shall be payable as remains after deducting, as a credit, from the amount comprised in that higher amount which is attributable to the value of the property to which paragraph (2)(g) refers, a sum (not exceeding the amount so attributable) equal to so much of the tax paid —
i
as became payable before the death of the deceased, and
ii
as is attributable to the value disregarded under paragraph (3)(a), and
b
so much of the value transferred by the transfer of value to which paragraph (2)(a) refers as is attributable to the property to which paragraph (2)(g) refers shall (except in relation to chargeable transfers which were chargeable to tax, when made by the deceased, for the purposes of an occasion which occurred before the death of the deceased on which tax was chargeable under section 64 or 65) be treated as reduced to a nil amount for all the purposes of the 1984 Act.
5
Where the amount calculated under paragraph (3)(a) is less than the amount calculated under paragraph (3)(b) the value of the property to which paragraph (2)(g) refers shall be reduced to nil for all the purposes of the 1984 Act.
6
For the purposes of the interpretation and application of this regulation section 102 of and Schedule 20 to the 1986 Act shall apply.
7
Part II of the Schedule to these Regulations provides examples of the operation of this regulation.
Double charges — liabilities subject to abatement and death
6
1
This regulation applies in the circumstances to which paragraph (c) of section 104(1) of the 1986 Act refers where the conditions (“specified conditions”) of paragraph (2) are fulfilled.
2
The specified conditions to which paragraph (1) refers are —
a
a transfer of value which is or proves to be a chargeable transfer (“the transfer”) is made on or after 18th March 1986 by an individual (“the deceased”) by virtue of which the estate of the transferee is increased or by virtue of which property becomes comprised in a settlement of which the transferee is a trustee, and
b
at any time before his death the deceased incurs a liability to the transferee (“the liability”) which is a liability subject to abatement under the provisions of section 103 of the 1986 Act in determining the value transferred by a chargeable transfer (under section 4).
3
Where the specified conditions are fulfilled there shall be calculated, separately in accordance with sub-paragraphs (a) and (b), the total tax chargeable as a consequence of the death of the deceased —
a
disregarding so much of the value transferred by the transfer —
i
as is attributable to the property by reference to which the liability falls to be abated, and
ii
as is equal to the amount of the abatement of the liability, and
b
taking account both of the value transferred by the transfer and of the liability.
4
a
Whichever of the two amounts of tax calculated under paragraph (3)(a) or (b) is the lower amount shall be treated as reduced to nil but, subject to sub-paragraph (b), the higher amount shall be payable,
b
where the amount calculated under paragraph (3)(a) is higher than the amount calculated under paragraph (3)(b) —
i
only so much of that higher amount shall be payable as remains after deducting, as a credit, from that amount a sum equal to so much of the tax paid —
a
as became payable before the death of the deceased, and
b
as is attributable to the value disregarded under paragraph (3)(a), and
c
as does not exceed the difference between the amount of tax calculated under paragraph (3)(a) and the amount of tax that would have fallen to be calculated under paragraph (3)(b) if the liability had been taken into account, and
ii
so much of the value transferred by the transfer to which paragraph (2)(a) refers —
a
as is attributable to property by reference to which the liability is abated, and
b
as is equal to the amount of the abatement of the liability,
shall (except in relation to chargeable transfers which were chargeable to tax, when made by the deceased, for the purposes of an occasion which occurred before the death of the deceased on which tax was chargeable under section 64 or 65) be treated as reduced to a nil amount for all the purposes of the 1984 Act.
5
Where there is a number of transfers made by the deceased which are relevant to the liability to which paragraph (2)(b) applies the provisions of this regulation shall apply to those transfers taking them in reverse order of their making, that is to say, taking the latest first and the earliest last, but only to the extent that in aggregate the value of those transfers does not exceed the amount of the abatement to which paragraph (2)(b) refers.
6
Part III of the Schedule to these Regulations provides examples of the operation of this regulation.
Double Charges — chargeable transfers and death
7
1
This regulation applies in the circumstances specified (by this regulation) for the purposes of paragraph (d) of section 104(1) of the 1986 Act (being circumstances which appear to the Board to be similar to those referred to in paragraphs (a) to (c) of that subsection) where the conditions (“specified conditions”) of paragraph (2) are fulfilled.
2
The specified conditions to which paragraph (1) refers are —
a
an individual (“the deceased”) makes a transfer of value to a person (“the transferee”) which is a chargeable transfer,
b
the transfer is made on or after 18th March 1986,
c
the deceased dies within 7 years after that chargeable transfer is made, and
d
the deceased immediately before his death was beneficially entitled to property to which paragraph (3) refers.
3
The property to which paragraph (2)(d) refers is property —
a
which the deceased, after making the chargeable transfer to which paragraph (2)(a) refers, acquired from the transferee otherwise than for full consideration in money or money’s worth,
b
which was transferred to the transferee by the chargeable transfer to which paragraph (2)(a) refers or which is property directly or indirectly representing that property, and
c
which is property comprised in the estate of the deceased immediately before his death (within the meaning of section 5(1)), value attributable to which is transferred by a chargeable transfer (under section 4).
4
Where the specified conditions are fulfilled there shall be calculated, separately in accordance with sub-paragraphs (a) and (b), the total tax chargeable as a consequence of the death of the deceased —
a
disregarding so much of the value transferred by the chargeable transfer to which paragraph (2)(a) refers as is attributable to the property, value of which is transferred by the chargeable transfer to which paragraph (3)(c) refers, and
b
disregarding so much of the value transferred by the chargeable transfer to which paragraph (3)(c) refers as is attributable to the property, value of which is transferred by the chargeable transfer to which paragraph (2)(a) refers.
5
a
Whichever of the two amounts of tax calculated under paragraph (4)(a) or (b) is the lower amount shall be treated as reduced to nil but, subject to sub-paragraph (b), the higher amount shall be payable,
b
where the amount calculated under paragraph (4)(a) is higher than the amount calculated under paragraph (4)(b) —
i
only so much of that higher amount shall be payable as remains after deducting, as a credit, from the amount comprised in that higher amount which is attributable to the value of the property to which paragraph (2)(d) refers, a sum (not exceeding the amount so attributable) equal to so much of the tax paid —
a
as became payable before the death of the deceased, and
b
as is attributable to the value disregarded under paragraph (4)(a), and
ii
so much of the value transferred by the chargeable transfer to which paragraph (2)(a) refers as is attributable to the property to which paragraph (3)(c) refers shall (except for the purposes of an occasion which occurred before the death of the deceased on which tax was chargeable under section 64 or 65) be treated as reduced to a nil amount for all the purposes of the 1984 Act.
6
Part IV of the Schedule to these Regulations provides an example of the operation of this regulation.
Equal calculations of tax — special rule
8
Where the total tax chargeable as a consequence of death under the two separate calculations provided for by any of regulation 4(4), 5(3), 6(3) or 7(4) is equal in amount the first of those calculations shall be treated as producing a higher amount for the purposes of the regulation concerned.
Schedule and saving
9
The Schedule to these Regulations shall have effect only for providing examples of the operation of these Regulations and, in the event of any conflict between the Schedule and the Regulations, the Regulations shall prevail.
D.B. Rogers
A.J.G. Isaac
Two of the Commissioners of Inland Revenue
30th June 1987


text:
Citation and commencement
1
These regulations may be cited as the National Health Service (Charges to Overseas Visitors) Amendment Regulations 1987 and shall come into force on 1st April 1987.
Amendment of regulations
2
—
1
The National Health Service (Charges to Overseas Visitors) ( No. 2) Regulations 1982 (“the principal Regulations”) are amended in accordance with the following paragraphs of this regulation.
2
In Schedule 1 (classification of hospitals), in the entries for Classes C1, C2, D and E, in each case, after“designated” there is inserted“immediately before 15th August 1983” .
3
For Schedule 2 (charges for services provided to in-patients) there is substituted the Schedule set out in Schedule 1 to these regulations.
4
For Schedule 3 (charges for services provided to persons otherwise than as in-patients) there is substituted the Schedule set out in Schedule 2 to these regulations.
Revocations
3
Regulation 2(3) and (4) of, and Schedules 1 and 2 to, the National Health Service (Charges to Overseas Visitors) Amendment Regulations 1986 are hereby revoked.
Signed by authority of the Secretary of State for Social Services
Tony Newton
Minister of State,
Department of Health and Social Security
10th March 1987


text:
Citation and Commencement
1
These Regulations may be cited as the Courts-Martial and Standing Civilian Courts (Additional Powers on Trial of Civilians) (Amendment) Regulations 1987 and shall come into force on 1st January 1988.
Interpretation
2
In these Regulations, “the Principal Regulations ” means the Courts-Martial and Standing Civilian Courts (Additional Powers on Trial of Civilians) Regulations 1977 .
3
The Principal Regulations shall be amended as follows:
a
In Part II, after Regulation 5, there shall be inserted the following Regulation:
Preparation of reports where sentence has been deferred.
5A
In the case of an accused who has been found guilty by a Standing Civilian Court, and where the Court has deferred the award of sentence against him, it shall be the duty of the appropriate officer to direct that a report relating to the accused’s conduct during the period of deferment is made by a suitable person on behalf of the Secretary of State
.
b
In Part II, for Regulation 6 and the heading thereto, there shall be substituted the following Regulation:
Action before trial or deferred sentence by a person who makes a report.
6
A person who makes a report by virtue of any of the last three preceding Regulations shall:
a
sign it and send a copy of it to the appropriate officer;
b
before the commencement of the trial or the hearing relating to sentence, as the case may be, ensure that an accused or offender who has attained the age of 17 years has a copy of it
.
c
In Part II of Schedule 2 to the Principal Regulations, in column 1 thereof, there shall be inserted the following entry:
9
Order that sentence is deferred
d
In Part II of Schedule 2 to the Principal Regulations, in column 2 thereof, there shall be inserted the following:
9
The offender, the parent or guardian of the offender if the offender was under 17 years of age when the order was made, the Commanding Officer of the offender, and the Directing Officer.
George Younger
Secretary of State for Defence
Dated this 23rd day of November 1987


text:
1
This Order may be cited as the Copyright (Taiwan Order) (Isle of Man Extension) Order 1987 and shall come into force on 21st November 1987.
2
1
The Copyright (Taiwan) Order 1985 shall extend to the Isle of Man subject to the following modifications.
2
References in that Order to the Copyright Act 1956 shall be construed as references to that Act as extended to the Isle of Man by the Copyright (Isle of Man) Order 1986 .
3
In article 2 —
a
in paragraph (a), for the words “United Kingdom” there shall be substituted “Isle of Man”; and
b
in paragraph (c), for the words “any part of the United Kingdom” there shall be substituted “the Isle of Man”.
4
In article 5, for the words “commencement of this Order”, in each place where those words occur, there shall be substituted “extension of this Order to the Isle of Man”.
G. I. de Deney


text:
Citation and commencement
1
1
This Order may be cited as the Tendring Hundred Water Order 1987 and shall come into force on 19th February 1987.
2
The Tendring Hundred Water Acts and Orders 1884 to 1982 and this Order may be cited together as the Tendring Hundred Water Acts and Orders 1884 to 1987.
Interpretation
2
In this Order —
“the Company” means the Tendring Hundred Waterworks 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.
Amendment of enactments
3
1
The Tendring Hundred Water (No.2) Order 1962 shall be amended as follows —
a
in the proviso to section 29(1) (temporary borrowing) for the words “seventy-five thousand” there shall be substituted the words “two hundred and fifty thousand”;
b
in section 34(3) (application of Third Schedule) —
i
in paragraph (f)(i) after the words “of the Company” there shall be inserted the words “and by the insertion after the words “as they think fit” of the words “(not being provisions for liabilities or charges within paragraph 89 of Schedule 4 to the Companies Act 1985 )””;
ii
after paragraph (f) there shall be inserted the following paragraph —
ff
in subsection (1) of section 77 (which places a limitation on the balance carried forward at the end of the year) in paragraph (a) after the word “dividend” and in paragraph (c) after the word “dividends” there shall be inserted the words “together with the advance corporation tax associated therewith”;
.
2
Schedule 1 to the Tendring Hundred Water Order 1968 (application of and modifications to Third Schedule) shall be amended by inserting in column (2) opposite the application in column (1) of section 57 (discount for prompt payment of water rates) the following —
In subsection (1) for the word “prompt” there shall be substituted the word “the” and after the word “charges” there shall be inserted the words “or instalments of such rates and charges before they fall due or in consideration of prompt payment after they fall due.”
.
3
The Tendring Hundred Water (Financial Provisions) Order 1975 shall be amended as follows —
a
for section 4 (capital and borrowing powers) there shall be substituted the following section —
4
1
The Company may raise capital by —
a
the issue of shares;
b
borrowing on mortgage of the undertaking;
c
borrowing by the issue of debenture stock.
2
Any sums to be raised in accordance with subsection (1), when added to —
a
the sums raised by the issue of existing share capital before the relevant date; and
b
other amounts raised by borrowing and still outstanding on that date,
shall not exceeed ten million pounds.
3
Subject to subsection (4), the Company shall take such steps as may be necessary to ensure that the amounts raised as mentioned in paragraphs (b) and (c) of subsection (1) which are at any time outstanding do not exceed twice the aggregate of —
a
the sums raised by the issue of existing share capital; and
b
the amount of the Company’s reserves.
4
With the consent of the Secretary of State, the Company may raise an additional amount, as mentioned in paragraphs (b) and (c) of subsection (1), not exceeding ten per cent. of the total on the relevant date of the sums and amount specified in paragraphs (a) and (b) of subsection (3).
5
For the purposes of this section —
a
the amount raised by the issue of share capital or debenture stock is the amount raised after taking into account any premiums or discounts; and
b
in the case of any share capital or debenture stock issued for a consideration other than cash the nominal value shall be taken to have been the amount raised by that issue.
6
The Company`s powers of borrowing may be exercised without obtaining a certificate of a justice under section 40 of the Companies Clauses Consolidation Act 1845 .
7
Sums to be raised by the Company may be raised by the issue of new ordinary shares or stock or new preference shares or stock or, at the Company`s option, by any of those methods.
8
In this section —
“the Company`s reserves” means the aggregate of any of the following amounts appearing in the Company`s last audited balance sheet —
any capital reserve;
any sum carried forward in accordance with section 77 of the Third Schedule; and
any amounts standing to the credit of any reserve or contingency fund established and maintained in accordance with section 76 of the Third Schedule.
“the relevant date” means the date on which the Company exercise the powers mentioned in subsection (1).
b
in paragraph (a) of the proviso to section 6 (interest on borrowed money) for the words “Prevention of Fraud (Investments) Act 1958 ” there shall be substituted the words “Company Securities (Insider Dealing) Act 1985 ”.
Application of section 55 of the Third Schedule
4
Section 55 of the Third Schedule (which was applied to the undertaking with modifications by the Tendring Hundred Water Order 1976 ) shall continue to apply to the undertaking but in the following modified form —
55
1
Undertakers who charge water rates under the special Act shall make such a rate by fixing in respect of a period of twelve months commencing on either the first day of January, the first day of April, the first day of July or the first day of October (hereinafter called “the relevant period”), the rate-poundage or, as the case may be, the scale of rate-poundages, by reference to which amounts due under the rate are to be calculated.
2
Any rate made in respect of a relevant period shall be payable in respect of any premises by one of the following methods, namely —
a
by equal half-yearly instalments on such dates within the first and seventh months of a relevant period as the undertakers may specify; or
b
if the directors of the undertakers so resolve and the person who is liable to pay the water rate in respect of any premises so elects —
i
a single payment on or before such date within the relevant period as the undertakers may specify;
ii
subject to subsection (10), four or more equal instalments at intervals of not less than one month on such dates within the relevant period as the directors of the undertakers may specify.
3
A water rate made in respect of a relevant period shall, unless and until a new rate is made under subsection (1), continue to have effect in respect of each successive period of twelve months.
4
If the person who is, or who, but for the provisions of section 54 above, would be, liable to pay any water rate is in occupation of premises for part only of a relevant period, that person or, as the case may be, the owner of the premises, shall be liable to pay a due proportion of the rate calculated at a daily rate in respect of any period of occupation.
5
If, and so long as, any water rate is payable by half-yearly instalments, no proceedings shall be commenced for the recovery of any such instalment until the expiration of two months from the first day of the half-year in respect of which it has been demanded.
6
Subject to subsections (4) and (5), where a person receives a supply of water to any premises, either for the first time or after a discontinuance of supply, he shall be liable to pay any instalment or amount due in respect of the water rate on the day on which notice requiring the supply is given to the undertakers or, if no such notice is given, on the day when they commence the supply.
7
A person who elects to pay a water rate in instalments in accordance with subsection (2)(b)(ii) shall give notice to that effect to the undertakers on or before such date within the relevant period as the undertakers may specify.
8
Subject to subsection (9), a notice mentioned in subsection (7) shall continue to have effect in each subsequent relevant period until withdrawn by a further notice to the undertakers.
9
A notice mentioned in subsection (7) shall cease to have effect if any payment or instalment is not made on or before the due date in a relevant period and the undertakers give notice to that effect to the person in default, and thereupon any sum due shall be recoverable by the undertakers as if a notice mentioned in subsection (7) had not been given.
10
Where any water rate is payable by instalments the undertakers may adjust the amount of the first or last instalment so that no instalment comprises or includes an amount of less than a penny.
11
In this section “specify” means set out in a written notice sent by the undertakers to a person liable to pay any water rate.
.
Revocation
5
The Tendring Hundred Water Order 1976 is hereby revoked.
Application of section 94 of Third Schedule
6
For the purposes of this Order, section 94 of the Third Schedule (which requires undertakers to keep a copy of the special Act at their principal office and to deposit copies with certain officers) shall apply to the undertaking and is hereby incorporated with this Order.
Signed by authority of the Secretary of State
J. Hobson
An Under Secretary in the
Department of the Environment
18th February 1987


text:
Citation and commencement
1
1
This Order may be cited as the Parliamentary Constituencies (England) (Miscellaneous Changes) (No.4) Order 1987.
2
Subject to section 4(6) of the Parliamentary Constituencies Act 1986, this Order shall come into force on the fourteenth day after the day on which it is made.
Ipswich and Suffolk Coastal
2
For the borough constituency of Ipswich and the county constituency of Suffolk Coastal as constituted by the Schedule to the Parliamentary Constituencies (England) Order 1983 (and described by reference to local government areas referred to in that Order), there shall be substituted the constituencies which are named in the Schedule to this Order and comprise the areas set out in that Schedule, which areas are local government areas as they existed on 5th October 1987 (and accordingly as altered by the Ipswich and Suffolk Coastal (District Boundaries) Order 1985 ).
Register of electors
3
Each electoral registration officer for the constituencies referred to in article 2 above shall make such re-arrangement or adaptation of the registers of parliamentary electors as may be necessary to give effect to this Order.
G. I. de Deney
Clerk to the Privy Council


text:
1
This Order may be cited as the Merchant Shipping (Prevention and Control of Pollution) (Hong Kong) Order 1987 and shall come into force on 6th May 1987.
2
The provisions of Article 3 of the Merchant Shipping (Prevention and Control of Pollution) Order 1987 , as modified in the Schedule hereto, shall extend to Hong Kong.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 4) Regulations 1987 and shall come into force on 1st September 1987.
2
In these Regulations —
a
“the principal Regulations ” means the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 ; and
b
“the 1987 (No. 2) Regulations ” means the National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 2) Regulations 1987 .
Amendment of Regulations
2
1
The principal Regulations are amended in accordance with paragraphs (2) to (6) of this regulation.
2
In regulation 29 (schemes for securing proper pharmaceutical services) —
a
in paragraph (4), after “a scheme” there is inserted “prepared under paragraph (1)(a)”;
b
the paragraph (5) added by regulation 2(5)(b) of the 1987 (No. 2) Regulations is renumbered “(4A)”.
3
In Schedule 1 (terms of service for doctors), in paragraph 36A(2)(b), for “treatment of the condition” there is substituted “purpose”.
4
In Schedule 3A (drugs and other substances not to be prescribed for supply under pharmaceutical services) —
a
the following entries are omitted: —
Dynese Plus Aqueous Suspension
Haymine Tablets
Kolanticon Gel
Polycrol Forte Tablets
Polycrol Gel
Polycrol Tablets
Pregnavite Forte F Tablets;
b
the following entries are inserted at the appropriate point in the alphabetical order: —
Fiberform
Octovit Tablets.
5
For Schedule 3B (drugs to be prescribed under pharmaceutical services only in certain circumstances) there is substituted the Schedule 3B set out in the Schedule to these Regulations.
6
In Schedule 4C (provisions further to regulation 26 — pharmaceutical lists) —
a
in Part II (pharmacy practices sub-committee), in paragraph 6(2), after “sub-paragraph (1)(b)” there is inserted “or (c)”; and
b
in Part IV (appeals), in paragraph 13(2)(c)(iii), for “paragraph (1)(d)” there is substituted “paragraph 1(1)(d)”.
7
In regulation 2(5)(a) of the 1987 (No. 2) Regulations, the words “each of” and “and paragraph (4)” are omitted.
Revocation
3
Regulation 3 of, and Schedule 3 to, the National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 6) Regulations 1985 are revoked.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
6th August 1987


text:
1
These Regulations may be cited as the Recovery Vehicles (Prescribed Purposes) Regulations 1987 and shall come into force on 1st January 1988.
2
The purposes specified in the Schedule to these Regulations are hereby prescribed for the purposes of paragraph 8 of Part I of Schedule 3 to the Vehicles (Excise) Act 1971.
Signed by authority of the Secretary of State.
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
8th December 1987


text:
Citation, commencement, interpretation and revocation
1
1
These Regulations may be cited as the Merchant Shipping (Seamen’s Documents) Regulations 1987 and shall come into force on 8th April 1987.
2
In these Regulations —
a
the expressions “British Citizen”, “British Dependent Territories citizen”, “British Overseas Citizen”, “British protected person”, “colony”, “protected state” and “protectorate” have respectively the same meanings as they have in and for the purposes of the British Nationality Act 1981 ;
b
“ British Seaman’s Identity Card ” means a British Seaman’s Identity Card issued under the British Seamen’s Identity Cards Order 1942 ;
c
“the Order of 1960 ” means the British Seamen’s Cards Order 1960 ;
d
a person to whom a British Seaman’s Card or a discharge book has been issued is referred to as the holder of it; and
e
“ Seaman’s Record Book ” means a Seaman’s Record Book and Certificates of Discharge issued to a seaman by the Secretary of State, the Board of Trade, the Minister of Transport, the Minister of Transport and Civil Aviation, the Minister of War Transport or the Minister of Shipping;
f
“a shore-based disciplinary committee” means a committee established on shore by the National Maritime Board to review the future sea-going employment of seamen employed under a crew agreement, approved by the Secretary of State, to which the National Maritime Board agreement on disciplinary procedures applies and which requires seamen to comply with the Code of Conduct , in respect of whom the master is satisfied that they have committed any of the breaches of the Code specified in paragraph 9 thereof;
g
“the Code of Conduct” means the publication entitled “Code of Conduct for the Merchant Navy” published in 1978 by the National Maritime Board.
3
For the purposes of these Regulations, a person shall be treated as having the right of abode if he has the right of abode in the United Kingdom under section 2 of the Immigration Act 1971 .
4
In computing any of the periods of 7 days referred to in regulation 15(1) any period during which the person concerned is not present in the United Kingdom shall be disregarded.
5
The Regulations set out in Schedule 1 to these Regulations are hereby revoked.
6
Any reference in these Regulations to a numbered regulation is a reference to the regulation of that number in these Regulations.
PART I
BRITISH SEAMEN'S CARDS
Application for British Seamen’s Cards
2
1
Subject to the provisions of regulation 3, a person who satisfies the conditions specified in paragraph (2) of this regulation (whether or not he has previously held a British Seaman’s Card or a British Seaman’s Identity Card) may apply for a British Seaman’s Card.
2
The conditions referred to in paragraph (1) of this regulation are that the person —
a
is a British seaman to whom this regulation applies; and
b
is not the holder of a British Seaman’s Card issued to him under regulation 5 or endorsed under regulation 8.
3
1
Regulation 2 applies to any British seaman —
a
who is employed or ordinarily employed in a ship otherwise than in an employment specified in paragraph (2) of this regulation; and (bwho is not excluded by virtue of paragraph (3) of this regulation.
2
The employments which are to be disregarded for the purposes of paragraph (1) of this regulation are —
a
employment in a fishing vessel;
b
employment in a ship belonging to a general lighthouse authority;
c
except in the case of a person who is a cadet, employment on terms under which he receives no wages or only nominal wages; and
d
in the case of a person who is not a citizen of the United Kingdom and colonies or a British protected person, employment in a ship registered otherwise than in the United Kingdom, the Channel Islands, the Isle of Man or any colony, protectorate or protected state.
3
Regulation 2 does not apply to —
a
a person who is not —
i
a British citizen, a British Dependent Territories citizen or a British Overseas citizen;
ii
a British protected person; or
iii
a British subject without citizenship;
and who holds a seaman’s identity document which has been issued to him by or under the authority of the Government of a country specified in schedule 3 to the British Nationality Act 1981 or of any territory or trust territory under the protection of or administered by such government or of the Republic of Ireland, and of which he has not ceased to be regarded as the holder by that government;
b
a person who holds a seaman’s identity document —
i
which has been issued to him by the government of any colony, protectorate, or protected state and
ii
of which he has not ceased to be regarded as the holder by that government;
c
a person in the employment of the Crown who is employed, but not ordinarily employed, as a master or seaman; and
d
a member of the naval, military or air forces of the Crown or of any service administered by the Defence Council.
4
A person applying for a British Seaman’s Card shall —
a
make an application in accordance with regulation 29; and
b
unless it has been lost or destroyed, surrender to the Registrar General of Shipping and Seamen or a superintendent any British Seaman’s Card or British Seaman’s Identity Card previously held by him.
Issue of British Seamen’s Cards
5
If a person applying for a British Seaman’s Card —
i
satisfies the conditions set out in regulation 2(2); and
ii
has paid the fee (if any) prescribed;
in the case of a person having the right of abode, the Secretary of State shall, and, in any other case, may issue a British Seaman’s Card to him.
Form and contents of British Seamen’s Cards
6
A British Seaman’s Card shall be in book form and shall provide for there to be recorded in it from time to time in relation to its holder statements of those particulars specified in Schedule 2 to these Regulations.
Validity of British Seamen’s Cards
7
A British Seaman’s Card issued after the coming into operation of these Regulations shall be valid until the end of the period of ten years from the date of issue: provided that, if at the end of such period, the holder is not present in the United Kingdom, his British Seaman’s Card shall remain valid until he first returns to the United Kingdom or the expiry of a further 12 months from the date of expiry, whichever is the sooner.
8
1
A British Seaman’s Card issued pursuant to the Merchant Shipping (Seamen’s Documents) Regulations 1972 shall be valid —
a
until the end of the period of 5 years from the date of issue; and
b
if it has been endorsed in accordance with paragraph (2) below, until the end of a further period of 5 years from the end of the period referred to in (a) above;
provided that, if at the end of either of such periods, the holder is not present in the United Kingdom, his British Seaman’s Card shall remain valid until he first returns to the United Kingdom or the expiry of a further 12 months from the date of expiry, whichever is the sooner.
2
If an application is made for endorsement under paragraph (1)(b) above not less than 4 years and 9 months and not more than 6 years after the date of issue of the British Seaman’s Card to which it relates, and the Registrar General of Shipping and Seamen or the superintendent to whom the application is made is satisfied —
i
that the person making the application is the holder of the British Seaman’s Card; and
ii
that the British Seaman’s Card was (or would be) valid at the end of the period of 5 years from the date of its issue;
he shall endorse the British Seaman’s Card with a statement that it shall be valid until the end of the period referred to in paragraph (1)(b) above.
9
When his British Seaman’s Card is lost, destroyed, defaced or required to be surrendered a person shall cease to be regarded as the holder of a British Seaman’s Card.
Production of British Seamen’s Cards
10
1
The holder of a British Seaman’s Card shall produce it to the Registrar General of Shipping and Seamen or a superintendent, a proper officer, his employer or the master of his ship, on demand or within such period as the person requiring its production may allow.
2
A person who fails to produce his British Seaman’s Card in pursuance of a requirement made under this regulation shall be guilty of an offence.
Surrender of British Seamen’s Cards
11
1
The holder of a British Seaman’s Card shall surrender it to the Registrar General of Shipping and Seamen or a superintendent —
a
forthwith, upon his ceasing to be a British seaman or upon the card being defaced; and
b
on demand, after he has ceased to have the right of abode.
2
A person who fails to comply with the requirements of this regulation shall be guilty of an offence.
Delivery of British Seamen’s Cards
12
1
Any person who comes into possession of a British Seaman’s Card of which he is not the holder shall forthwith deliver it to the Registrar General of Shipping and Seamen or to a superintendent.
2
Any person who fails to comply with this regulation shall be guilty of an offence.
British Seamen’s Cards issued under the Order of 1960.
13
1
This regulation applies to a British Seaman’s Card issued under the Order of 1960 and which is still valid on the date these Regulations come into operation. (2)Subject to regulation 14, a British Seaman’s Card to which this regulation applies shall continue in force and shall have effect as if it were a British Seaman’s Card issued under regulation 5 provided that, if the holder is not present in the United Kingdom on the date these Regulations come into effect, his British Seaman’s Card shall remain valid only until he first returns to the United Kingdom after that date; and references in regulations 9, 10, 12, 25, 26, 27, 28 and 29 to British Seamen’s Cards or to seamen’s documents shall include references to British Seamen’s Cards to which this regulation applies.
14
A British Seaman’s Card to which regulation 13 applies shall also cease to be valid upon —
a
the holder of it ceasing to be a British seaman; or
b
its being lost, destroyed, or defaced; or
c
its being required to be surrendered.
PART II
DISCHARGE BOOKS
Application for discharge books
15
1
Subject to the provisions of these Regulations, a person who satisfies the conditions specified in paragraph (2) of this regulation shall apply for a discharge book within 7 days of satisfying those conditions.
2
The conditions referred to in paragraph (1) are that the person —
a
is not exempted from the requirements of section 1 of the Act (which relates to crew agreements) by regulations made under subsection (5)(b) of that section; and
b
either —
i
is employed as a seaman in a ship registered in the United Kingdom otherwise than in an employment specified in regulation 16(3) below; or
ii
being a citizen of the United Kingdom and colonies, has been discharged abroad after being so employed and has arrived in the United Kingdom within 6 months of being discharged, unless, at the time he arrived in the United Kingdom, he did not intend to take such employment; and
c
is not the holder of a discharge book issued in accordance with these Regulations; and
d
has not been required by the Secretary of State, under regulation 27(1) of these Regulations to surrender a discharge book issued in accordance with these Regulations.
16
1
Regulation 15 shall not apply to a person if he holds a document —
a
containing substantially the same information as a discharge book; and
b
which has been issued to him by or under the authority of the government of a country specified in Schedule 4; and
c
of which he has not ceased to be regarded as the holder by that government.
2
Regulation 15 shall not apply to a person in the employment of the Crown who is not ordinarily employed as a master or seaman.
3
For the purposes of regulation 15 no regard shall be had to employment in a fishing vessel or in a ship exempted from the requirements of section 1 of the Act (which relates to crew agreements) by regulations made under subsection (5)(a) of that section.
17
1
A person applying for a discharge book shall —
a
make an application in accordance with regulation 29; and
b
unless it has been lost or destroyed, produce to the Registrar General of Shipping and Seamen or a superintendent the latest discharge book or Seaman’s Record Book if any, previously held by him.
2
Any person required under the provisions of regulation 15(1) to apply for a discharge book who fails to make an application for a discharge book in accordance with these Regulations shall be guilty of an offence.
Issue of discharge books
18
1
If a person applying for a discharge book —
a
is required under the provisions of regulation 15(1) to apply for a discharge book; and
b
has paid the fee (if any) prescribed;
the Secretary of State shall issue to him a discharge book containing the particulars specified in Schedule 3.
2
If a person applying for a discharge book —
a
is not required under the provisions of regulation 15(1) to apply for a discharge book;
b
is, or has been employed in a ship registered in the United Kingdom; and
c
has paid the fee (if any) prescribed;
the Secretary of State may issue to him a discharge book containing the particulars specified in Schedule 3.
Form and content of discharge books
19
A discharge book shall be in book form and shall provide for there to be recorded in it from time to time, in relation to its holder, statements of the following particulars —
a
those specified in Schedule 3 to these Regulations (except paragraph 4);
b
i
the name of each ship registered in the United Kingdom in which he is employed, its port of registry, official number and gross or register tonnage, the capacity in which he is employed in the ship, the date on which and the place at which he begins to be so employed, and the description of each voyage and the date and place of his discharge;
ii
like details in respect of employment in any other vessel;
c
i
dates of any Merchant Navy Training Board training courses he attends for instruction in survival at sea and the certificates or other qualifications (if any) obtained;
ii
dates and nature of any other training courses (including pre-sea training courses) he attends and the certificates or other qualifications (if any) obtained;
d
his income tax code, the year to which it applies and the date on which it becomes effective;
e
his inoculation and vaccination certificates;
f
records of tests of his eyesight except where these formed part of a statutory medical examination; and
g
a record of certificates issued under the Merchant Shipping (Medical Examination) Regulations 1983 .
Entries in discharge books
20
1
Entries in discharge books of the particulars —
a
referred to in paragraphs (a), (b)(i), (c), (d), (e), (f) and (g) of regulation 19 may be made by a superintendent or the Registrar General of Shipping and Seamen;
b
referred to in paragraphs (a), (b)(i) and (e) of regulation 19 may be made by a proper officer;
c
referred to in paragraph (b) of regulation 19 may be made by the master of the ship in which the holder is employed or by one of the ship’s officers authorised by the master in that behalf;
d
referred to in paragraph (d) of regulation 19 may be made by the master of the ship in which the holder is employed;
e
referred to in paragraph (d) of regulation 19 and in paragraph 12 of Schedule 3 may be made by the seaman’s employer;
f
referred to in paragraph (g) of regulation 19 may be made by an official of the Merchant Navy Establishment Administration;
g
referred to in paragraph (c)(i) of regulation 19 may be made by an official of the Merchant Navy Establishment Administration, the Principal of the training establishment attended or the Instructor in charge of the holder’s training;
h
referred to in paragraph (c)(ii) of regulation 19 may be made by the Principal, or his approved deputy, of a training establishment approved by the Department of Transport;
i
referred to in paragraphs 2 and 12 of Schedule 3 may be made by the Master of the ship in which the holder is employed, or by the holder;
and by no other person.
2
Any person authorised by this regulation to make an entry in a discharge book shall, upon the discharge book being produced to him for that purpose, make the entry unless an entry of the same particulars appears to have been duly made in it.
21
A superintendent, a proper officer or the Registrar General of Shipping and Seamen may at any time correct any entry in a discharge book.
Production of discharge books
22
1
The holder of a discharge book shall produce it on demand at any time —
a
to a superintendent, a proper officer, the Registrar General of Shipping and Seamen or an official of the Merchant Navy Establishment Administration;
b
to his employer and to the master of the ship in which the holder is employed; and
c
to any other person authorised by regulation 20 to make an entry in it, for the purpose of making that entry.
2
The holder of a discharge book who fails to produce it when required to do so in accordance with this regulation shall be guilty of an offence.
3
A person to whom a discharge book is produced shall return it to the holder as soon as practical after the entry has been made or any inspection of it.
Delivery of discharge books
23
1
Any person having possession of a discharge book shall, after he becomes aware that the holder has died, has been discharged from any ship, or has been left behind in any country, deliver it to a superintendent or proper officer or to the Registrar General of Shipping and Seamen as soon as practicable.
2
A person who fails to comply with requirements of this regulation shall be guilty of an offence.
Effect of loss, destruction, defacement or filling up of discharge books.
24
When —
a
his discharge book is lost, destroyed or defaced, or
b
the space provided in it for entries of any particulars except those referred to in Schedule 3 is filled up,
a person shall cease to be regarded as the holder of a discharge book and shall, within 7 days of satisfying the conditions specified in regulation 15(2), apply for a new discharge book.
PART III
PROVISIONS RELATING TO BRITISH SEAMEN'S CARDS AND TO DISCHARGE BOOKS
25
In this Part of these Regulations “seaman’s document” means a British Seaman’s Card or a discharge book; and references in this Part of these Regulations to the holder of a seaman’s document shall be construed accordingly.
Notification of errors in seamen’s documents
26
1
If it appears to the holder thereof that any entry in a seaman’s document is not correct, he shall forthwith inform the Registrar General of Shipping and Seamen or a superintendent.
2
Any person who fails to comply with the requirements of this regulation shall be guilty of an offence.
Surrender of seamen’s documents
27
1
If it appears to a superintendent, a proper officer, a police officer or the Registrar General of Shipping and Seamen —
a
that the holder of a seaman’s document was not entitled to apply for it at the time it was issued to him; or
b
that the person having possession of a seaman’s document is not the holder thereof;
the person (including the holder) having possession of that document shall, on demand made by a superintendent, a proper officer, a police officer, or the Registrar General of Shipping and Seamen (as the case may be) surrender it to him.
2
Upon the recommendation of a shore-based disciplinary committee that the holder of a discharge book who was employed under a crew agreement, approved by the Secretary of State, to which the National Maritime Board agreement on disciplinary procedures applied and which required him to comply with the Code of Conduct, is no longer entitled to be the holder (consequent upon the commission by him of one of the breaches of the Code specified in paragraph 9 thereof) the holder shall, on demand made by the Secretary of State, surrender the discharge book to him for a temporary period or permanently according to his demand.
3
Any person who fails to comply with the requirements of this regulation shall be guilty of an offence.
Alterations in seamen’s documents
28
1
No person other than a person authorised by regulation 5, 8, 18, 20 or 21 (as the case may be) acting in accordance with the provisions of those regulations, shall make any mark or entry upon, or erase, cancel or alter any mark or entry made upon or otherwise deface or destroy a seaman’s document.
2
Any person who contravenes the provisions of this regulation shall be guilty of an offence.
Applications relating to seamen’s documents
29
An application for the issue of a seaman’s document or for the endorsement of a British Seaman’s Card under regulation 8 shall be made in writing to the Registrar General of Shipping and Seamen or a superintendent, and
a
where —
i
in the case of an application for a British Seaman’s Card, the applicant surrenders to the Registrar General of Shipping and Seamen or a superintendent a British Seaman’s Card held by him; or
ii
in the case of an application for a discharge book, the applicant produces to the Registrar General of Shipping and Seamen or a superintendent a discharge book or a Seaman’s Record Book held by him; or
iii
in the case of an application for a British Seaman’s Card or for a discharge book, it appears to the Registrar General of Shipping and Seamen or a superintendent that the applicant has lost his latest British Seaman’s Card or discharge book (as the case may be) and that the Secretary of State has in his possession particulars of any of the matters set out in Schedule 3;
shall state the applicant’s name and particulars of such of the other matters set out in Schedule 3 to these Regulations as are not correctly stated in the document (if any) surrendered or produced in accordance with this paragraph, or in the particulars referred to in sub-paragraph (iii) above; and
b
in any other case, shall state particulars of the matters required for the application set out in Schedule 3;
and the applicant shall furnish to the Registrar General of Shipping and Seamen or a superintendent such documents (including in the case of an application for both a British Seaman’s Card and a discharge book, 4 copies, and in any other case 2 copies, of a recent head and shoulders photograph of himself measuring 50 mm by 50 mm (2 inches by 2 inches)) and such other evidence as he may require for the proper consideration of the application.
Offences
30
1
Any offence under these Regulations shall be punishable on summary conviction with a fine not exceeding level 1 on the standard scale.
2
It shall be a defence for a person charged under these Regulations to show he took all reasonable precautions to avoid the commission of the offence.
Signed by authority of the Secretary of State
Michael Spicer
Parliamentary Under Secretary of State,
Department of Transport
12th March 1987