text:
Citation and commencement
1
These Rules may be cited as the Superannuation (Judicial Offices) (Aggregation of Service) Rules 1987 and shall come into force on 1st April 1987.
Interpretation
2
In these Rules, unless the context otherwise requires —
“office-holder” means a person who holds or has held a judicial office;
“judicial office” means an office specified in section 16 of, or Schedule 1 to, the Judicial Pensions Act 1981 (including a City of London Office) or a Northern Irish Office, but does not, in relation to any office-holder include any such office if benefits under the principal civil service pension scheme are payable in respect of his service in that office;
“City of London Office” means the office of Recorder of London (if appointed to exercise judicial functions in pursuance of paragraph 2 of Part I of Schedule 2 to the Courts Act 1971 , Common Serjeant, or Additional Judge of the Central Criminal Court;
“final office” means, in relation to an office-holder, the last judicial office from which he retires or the judicial office in which he dies.
“Northern Irish Office” means the office of county court judge or resident magistrate in Northern Ireland.
Application of Rules
3
1
Subject to paragraphs (2) and (3) below, these Rules apply to an office-holder who has served continuously in two or more judicial offices, if —
a
superannuation benefits are payable to or in respect of him under enactments relating to his final office; and
b
he elects (or, if he has died either in office or within three months of retirement without, in either case, having made an election, his personal representatives elect) that these Rules shall apply in relation to him.
2
These Rules do not apply to an office-holder —
a
whose service in his final office came to an end before 1st April 1987: or
b
who, being subject to a compulsory retiring age in respect of his final office, retires from that office (otherwise than on the grounds of ill-health) before reaching that age.
3
These Rules do not affect the operation of any enactment by virtue of which service in successive judicial offices is treated, for the purpose of entitlement to superannuation benefits, as service wholly in the last of those offices.
4
For the purposes of these Rules —
a
a City of London Office shall be treated as distinct from the office of Circuit Judge; and
b
an office-holder’s service in two judicial offices successively shall be treated as continuous if his appointment to the second of those offices took effect within 32 days of his ceasing to hold the first, or within such longer period as the Treasury may, in a particular case, allow.
5
An election under this rule shall be made in writing addressed to the Treasury within three months of the retirement or death, as the case may be, of the office-holder by, or in respect of, whom it is made, or within such longer period as the Treasury may, in a particular case, allow.
6
These Rules shall not apply where, in a particular case, their application would put an office-holder (or persons entitled to superannuation benefits in respect of him) in a position less advantageous than that in which he (or they) would otherwise have been.
Amount of benefits
4
1
Where a person by or in respect of whom an election is made under rule 3 has served continuously in not more than two judicial offices, the benefits payable to or in respect of him shall —
a
if at the time of his retirement or death the salary of the second of those offices is not less than the salary of the first, be equal to the benefits which would have been payable to or in respect of him under the enactments relating to the first office if he had continued to serve in that office until his retirement or death at the salary then payable to a holder of that office; or
b
if at the time of his retirement or death the salary of the second of those offices is less than the salary of the first, be equal to whichever are the more favourable of the following —
i
the benefits which would have been payable to or in respect of him under the enactments relating to the second office if his service in the first office had been service in the second office; or
ii
the benefits which would have been payable to or in respect of him under the enactments relating to the first office if he had retired from that office on grounds of ill-health on the date when he ceased to hold that office.
2
Where a person by or in respect of whom an election is made under rule 3 has served continuously in not fewer than three judicial offices, the benefits payable to or in respect of him shall be equal to whichever are the most favourable of the following —
a
the benefits which would have been payable to or in respect of him under paragraph (1) above if the first of his last three judicial offices were the first office referred to in that paragraph, his service in the second of those offices were service in the third of those offices, and the third of those offices were the second office referred to in that paragraph;
b
the benefits which would have been payable to or in respect of him under paragraph (1) above if his service in only the last two of his judicial offices were taken into account; or
c
the benefits which would have been payable to or in respect of him under paragraph (1) above if his service in only the first two of his last three judicial offices were taken into account.
3
Where a judicial office in which a person has been employed ceases to exist before the time of his retirement or death, then, for the purpose of calculating the amount of the benefits payable to or in respect of him under this rule, the salary of that office shall be taken to be such amount as the Treasury may determine to be the salary which would have been payable in respect of that office if it had continued to exist at the time of his retirement or death.
4
Where any benefits are paid under these Rules in respect of a person’s service in a judicial office, no additional superannuation benefit shall be paid in respect of that service under the enactments relating to that office.
Payment of benefits
5
1
Any benefits payable in consequence of an election made under rule 3 shall be paid by the authority liable for payment of benefits in respect of the office-holder’s final office, whether or not his service in that office is taken into account under rule 4 for the purpose of calculating the benefits so payable.
2
Where service in an earlier office has been taken into account for the purpose of calculating the benefits so payable, the authority paying the benefits in accordance with paragraph (1) above shall be entitled to recover from any authority liable for payment of benefits in respect of that earlier office a contribution which bears to the total amount of benefits payable the same proportion as the period of the office-holder’s service in the earlier office bears to the total period of service in respect of which benefits are payable.
Revocation of existing rules
6
The rules specified in the Schedule are revoked, but without prejudice to their continued application in relation to an office-holder whose service in his final office has come to an end before 1 April 1987.
Hailsham of St. Marylebone, C.
Dated 18th February 1987
We concur,
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 9th March 1987


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Fuel and Electricity (Control) Act 1973 (Continuation) (Jersey) Order 1987 and shall come into force on 30th November 1987.
2
Sections 1 to 8 of the Fuel and Electricity (Control) Act 1973, as it has effect in the Bailiwick of Jersey, shall continue in force for a period of one year beyond 30th November 1987, being the date on which they would otherwise expire.
G. I. deDeney
Clerk of the Privy Council


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) Amendment Order 1987 and shall come into force on 7th September 1987.
2
In this Order the “principal Order” means the Food Protection (Emergency Prohibitions) Order 1987 .
Designated incident
2
In the opinion of the Secretary of State, food in the areas described in the Schedule to the principal Order, or which is derived from anything in those areas, is or may be unsuitable for human consumption in consequence of the following escape of substances: —
the escape on or after 26th April 1986 of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.
Amendment of the principal Order
3
1
Article 4 of the principal Order shall be re-numbered article 4(1) and after that paragraph there shall be inserted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of any sheep which —
a
was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark, or with a green mark; and
b
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
2
Article 5 of the principal Order shall be re-numbered article 5(1) and after that paragraph there shall be inserted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of any sheep which was movedfrom any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark, or with a green mark.
.
3
Article 6 of the principal Order shall be re-numbered article 6(1) and after that paragraph there shall be inserted the following paragraph: —
2
Paragraph (1) above shall not apply in the case of any sheep which —
a
has been moved in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark, or with a green mark; and
b
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
J.W.L. Lonie
Assistant Secretary,Scottish office
New St. Andrew’s House,
Edinburgh
4th September 1987


text:
1
1
These Rules may be cited as the Justices of the Peace (Size and Chairmanship of Bench) (Amendment) Rules 1987 and shall come into force on 1st August 1987.
2
In these Rules, “the principal Rules ” means the Justices of the Peace (Size and Chairmanship of Bench) Rules 1986 .
2
For paragraph (2) of rule 6 of the principal Rules there shall be substituted the following paragraph–
2
A person who has held office as chairman shall not be eligible for re-election as chairman at an election meeting if on 1st January next after the election meeting he will have held such office for five consecutive years and less than three years will have elapsed from when he last held office unless–
a
at the time when the election meeting is held he holds office as chairman, and
b
the justices entitled to vote at the election meeting decide, in accordance with paragraph (3) below, that the restriction on eligibility imposed by this paragraph shall not apply in relation to the election to be held at that meeting.
Havers, C.
30th June 1987


text:
1
This Order may be cited as the Revenue Appeals Order 1987 and shall come into force on 1st October 1987.
2
A case stated by the Special Commissioners under section 56 of the Taxes Management Act 1970 for the opinion of the High Court shall be referred direct to the Court of Appeal in accordance with the following provisions of this Order if —
a
the parties consent to such referral;
b
the Special Commissioners have endorsed the case with a certificate that their determination involves a point of law relating wholly or mainly to the construction of an enactment or of a statutory instrument which has been fully argued before them and fully considered by them; and
c
the leave of a single judge of the Court of Appeal has been obtained pursuant to section 54(6) of the Supreme Court Act 1981 .
3
Section 56 of the Taxes Management Act 1970 shall apply to a referral to the Court of Appeal in accordance with this Order as it applies to a case stated for the opinion of the High Court as if —
a
for references to the High Court (other than that in sub-section (2)) there were references to the Court of Appeal;
b
the following words appeared at the end of sub-section (2): “and, if the other party consents, may, before the case is stated and signed, request the Commissioners to endorse the case with a certificate that their determination involves a point of law relating wholly or mainly to the construction of an enactment or of a statutory instrument which has been fully argued before them and fully considered by them”;
c
for sub-section (4) there were the following sub-section:
The case shall set forth the facts and the determination of the Commissioners, and when stated and signed the party requiring it shall —
where the case has not been endorsed with a certificate pursuant to sub-section (2) above, transmit it to the High Court within 30 days after receiving the same;
or
where the case has been so endorsed, either:
transmit it to the High Court within that period; or
apply to the Court of Appeal for leave for the case to referred direct to that Court, and the party shall, if such leave is refused, transmit the case to the High Court within 30 days after the refusal.
;
d
In sub-section (8) —
1
for the words “from the decision of the High Court to the Court of Appeal and thence to the House of Lords” there were substituted the words “from the decision of the Court Appeal to the House of Lords”, and
2
paragraph (b) of the proviso were omitted.
Havers, C.
Dated 29th July 1987


text:
1
This Order may be cited as the Value Added Tax (Construction of Buildings) (No. 2) Order 1987 and shall come into force on 25th June 1987.
2
Group 8 of Schedule 5 to the Value Added Tax Act 1983 shall be varied —
a
by substituting for Note (1A) the following Note —
1A
Any reference in item 2 or the following Notes to the construction of any building or the construction of any civil engineering work does not include a reference to —
a
the conversion, reconstruction, alteration or enlargement of any existing building or civil engineering work; or
b
any extension or annexation to an existing building which provides for internal access to the existing building or of which the separate use, letting or disposal is prevented by the terms of any covenant, statutory planning consent or similar permission;
and the reference in item 1 to a person constructing a building shall be construed accordingly.";
b
by inserting in Note (2A) after paragraph (c), the following —
d
carpets or carpeting materials.".
3
Article 8 of the Value Added Tax (Special Provisions) Order 1981 shall be varied —
a
by inserting in paragraph (1) after the words “taxable person constructing a building” and before the words “for the purpose of granting a major interest in it”, the following words —
or effecting works to any building, in either case
;
b
by inserting in paragraph (2) after sub-paragraph (c) the following sub-paragraph —
d
carpets or carpeting materials.
.
Tim Sainsbury
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd June 1987


text:
Title and commencement
1
This Order may be cited as the Movement and Sale of Pigs (Amendment) Order 1987 and shall come into force on 10th March 1987.
Amendment
2
The Movement and Sale of Pigs Order 1975 shall be amended as follows: —
a
at the end of article 2(3) (movements of pigs exempt from movement restrictions) there shall be added the following sub-paragraph: —
f
movement of pigs for breeding purposes under the authority of a licence issued under article 5 of this Order, being a licence in the form set out in Schedule 4, and the return home of those pigs under the authority of such a licence.
;
b
in article 5(3) (licences for movements of pigs) —
i
after the words “to which the licence is to relate” there shall be inserted the words “or his agent authorised in writing for this purpose”; and
ii
after the words “at which the mating is to take place” there shall be inserted the words “or his agent authorised in writing for this purpose”; and
c
for Schedule 5 (form of declarations to be made before a licence for the movement of pigs will be issued) there shall be substituted the Schedule to this Order.
In Witness whereof the Official Seal of the Ministry of Agriculture, Fisheries and Food is hereunto affixed on 12th February 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
John J. Mackay
Parliamentary Under-Secretary of State, Scottish Office
17th February 1987
Nicholas Edwards
Secretary of State for Wales
17th February 1987