text:
Citation, commencement and extent
1
1
This Order may be cited as the Farm Business Specification Order 1987 and shall come into force on 1st January 1988.
2
This Order shall apply to Great Britain.
Interpretation
2
In this Order, unless the context otherwise requires —
“agriculture” and cognate expressions shall be construed, except in relation to Scotland, in accordance with section 109 of the Agriculture Act 1947 and, in relation to Scotland, in accordance with section 86 of the Agriculture (Scotland) Act 1948 ;
“agricultural business” means a business consisting in, or such part of any business as consists in, the pursuit of agriculture, and includes any business of a type specified in the Schedule to this Order where that business is carried on by a person also carrying on a business consisting in or partly in the pursuit of agriculture and is carried on on the same or adjacent land;
“farm-based industry” means —
the manufacture of craft items and tourist souvenirs;
food processing and the purification, carbonation and bottling of spring water;
the processing of timber;
the processing of agricultural produce for purposes other than human or animal consumption; or
the repair and renovation of agricultural machinery;
“farm shop” means a shop primarily used for the sale of the produce of the agricultural business of which the shop forms part;
“food processing” means the application of any process or treatment to agricultural produce for the purposes of human consumption but does not include —
the cleaning and trimming of raw fruit and vegetables to which no further process or treatment is applied and the packaging of such fruit and vegetables;
the slaughter of livestock and the skinning and gutting of animal carcases;
any process or treatment applied for the purposes of the manufacture of wine; or
any process or treatment applied to cow’s milk for the purposes of the liquid consumption of that milk or for the purposes of the manufacture of any milk-based drink as defined in regulation 3 of the Milk-based Drinks (Hygiene and Heat Treatment) Regulations 1983 and regulation 3 of the Milk-based Drinks (Scotland) Regulations 1983 , and any process or treatment applied to any such milk-based drink;
“livery” means the provision of accommodation and care for horses and ponies;
“provision of accommodation”, in relation to persons, includes provision of facilities for camping and caravanning;
“sports” means any game or exercise other than field sports, horse riding and sports involving the use of motor vehicles, firearms or crossbows.
Specified farm businesses
3
The businesses described in the Schedule to this Order are hereby specified pursuant to section 28(1) of the Agriculture Act 1970 (Interpretation of provisions relating to Capital and other Grants) as businesses which (when carried on by a person also carrying on a business consisting in or partly in the pursuit of agriculture on the same or adjacent land) are included in the definition of “agricultural business” set out in that subsection.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John MacGregor
Minister of Agriculture, Fisheries and Food
10th November 1987.
Sanderson of Bowden
Minister of State, Scottish Office
10th November 1987
Peter Walker
Secretary of State for Wales
13th November 1987


type: legislation

jurisdiction: UK

text:
Citation interpretation and commencement
1
These Regulations which may be cited as the Medicines (Child Safety) Amendment Regulations 1987, shall be read as one with the Medicines (Child Safety) Regulations 1975 (hereinafter referred to as“the principal Regulations”), and shall come into force on 4th June 1987.
Amendment of regulation 2(3) of the principal Regulations
2
Regulation 2(3) is amended in accordance with the following provisions: —
1
In regulation 2(3)(b), for the words“British Standard 5321 published on 31st October 1975 as amended by AMD 2077 published on 16th August 1976”, there are substituted the words“British Standard 6652 published by the British Standards Institution on 30th September 1985”.
2
In regulation 2(3)(d) after the words“1st January 1976”there is added the word“or”.
3
After regulation 2(3)(d) there is added: —
e
reclosable containers which are opaque or dark-tinted, identical in all respects to containers which comply with the requirements of British Standard 5321 published on 31st October 1975 as amended by AMD 2077 published on 16th August 1976 and which —
i
have been certified by the British Standards Institution as complying with those requirements, or
ii
until 31st January 1988, are certified by the British Standards Institution as complying with those requirements, or
iii
are part of a series of containers (referred to in the said AMD 2077 published on 16th August 1976) in respect of which the licensing authority has already been furnished with a report by the British Standards Institution, so as to enable the licensing authority to publish a notice in the Gazette to the effect that such containers comply with the requirements of British Standard 5321 as amended.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
12th May 1987
Nicholas Edwards
Secretary of State for Wales
12th May 1987
Glenarthur
Minister of State, Scottish Office
12th May 1987
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 12th day of May 1987.
Maurice N. Hayes
Permanent Secretary
Maurice N. Hayes


text:
Citation and commencement
1
These Regulations may be cited as the Personal Pension Schemes (Provisional Approval) Regulations 1987 and shall come into force on 29th October 1987.
Interpretation
2
In these Regulations unless the context otherwise requires —
“ Act ” means the Finance (No. 2) Act 1987;
“ the Board ” means the Commissioners of Inland Revenue;
“scheme” means a personal pension scheme.
Provisional approval: conditions
3
Where an application to the Board for their approval of a scheme under section 19 of the Act is made before 1st August 1989 and is accompanied by —
a
written undertakings by the scheme administrator that —
i
to the best of his belief the application for approval, and the documents which accompany it, are in such form and contain such information that the scheme may be approved,
ii
the scheme does not make provision for any benefit other than those mentioned in sections 21 to 26 of the Act and that no member of the scheme will have a beneficial interest in the assets of the scheme, and
iii
the scheme will be administered in accordance with the provisions contained in Chapter II of Part I of the Act and any regulations made thereunder; and
b
a written undertaking by the person who has power to amend the rules of the scheme that he will comply with a notice given by the Board under regulation 4;
the Board may grant approval of the scheme provisionally notwithstanding that they have not satisfied themselves that the scheme complies with sections 20 to 30 of the Act.
Amendment of rules
4
If on examination of the application for approval, and the documents which accompany it, the Board are not satisfied that the scheme complies with the requirements of sections 20 to 30 of the Act the Board shall give written notice to the person who has power to amend the rules of the scheme requiring him within a period of 6 months from the date of the notice (or such further time as the Board may allow) to amend the rules of the scheme so that it complies with the requirements of those sections of the Act with effect as from the date of approval of the scheme.
Withdrawal of approval
5
1
If at the expiration of the period specified in regulation 4 (or at the end of such further time as the Board may have allowed) the Board are not satisfied that a scheme complies with sections 20 to 30 of the Act, the Board shall give written notice to the applicant for approval of the withdrawal of approval as from the date of approval of the scheme.
2
A notice under paragraph (1) shall state the grounds on which approval is withdrawn.
Appeals
6
1
Where the Board withdraw an approval by notice under regulation 5(1) the applicant for approval may appeal to the Special Commissioners against the withdrawal.
2
An appeal under this regulation shall be made by written notice stating the grounds for the appeal and given to the Board before the end of the period of 30 days beginning with the day on which notice of withdrawal was given to the appellant.
3
The bringing of an appeal under this regulation shall not affect the validity of the withdrawal pending the determination of the proceedings.
4
Part V of the Taxes Management Act (appeals and other proceedings) shall apply to an appeal under this regulation.
A. J. G. Isaac
D. B. Rogers
Two of the Commissioners of Inland Revenue
8th October 1987


text:
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Amendment) Regulations 1987 and shall come into force on 22nd April 1987.
2
The Motor Vehicles (Type Approval) Regulations 1980 are hereby amended so that in Part I of Schedule 2 in item 8, in the entry in column 2, there is added —
or 71/127/ EEC as amended by 79/795/EEC, 85/205/EEC and 86/562/EEC. 6th November 1986 O.J. L327, 22.11.86, p.49
.
Signed by authority of the Secretary of State.
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
20th March 1987


text:
Citation and commencement
1
These regulations may be cited as the Social Security (Hospital In-Patients) Amendment Regulations 1987 and shall come into force on 13th February 1987.
Amendment of the Social Security (Hospital In-Patients) Regulations 1975
2
1
The Social Security (Hospital In-Patients) Regulations 1975 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 6 (adjustment of personal benefit after 52 weeks in hospital) paragraph (4) shall be omitted.
3
In regulation 7 (adjustment of personal benefit after 104 weeks in hospital) paragraphs (3) and (4) shall be omitted.
4
In regulation 11 (adjustment of dependency benefit where dependant is the husband or wife of the beneficiary and is in hospital) paragraph (2) shall be omitted.
5
In regulation 18 (priority of adjustments)
a
in paragraph (1) the words “Except in any case to which paragraph (2) applies”, shall be omitted;
b
paragraph (2) shall be omitted.
6
In regulation 19 (treatment of age addition) for the words “has not a child or children or a wife who resides with him” there shall be substituted “is neither residing with a child or children nor with a spouse”.
7
In Schedule 1 (beneficiary to be regarded as having a dependant if any of these benefits is or would be payable) —
a
in paragraph (b) the words from “otherwise than” to the end, shall be omitted;
b
for paragraph (c) there shall be substituted: —
c
a retirement pension of any category where a beneficiary and spouse are residing together.
;
c
paragraphs (d) to (f) shall be omitted.
Signed by authority of the Secretary of State for Social Services
John Major
Minister of State,
Department of Health and Social Security
15th January 1987


text:
1
This Order may be cited as the Territorial Sea Act 1987 (Commencement) Order 1987.
2
The Territorial Sea Act 1987 shall come into force on 1st October 1987.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Income Tax (Interest on Unpaid Tax and Repayment Supplement) (No. 2) Order 1987 and shall come into force on 6th June 1987.
2
The prescribed rate of interest for the purposes of each of the provisions set out in the Table below shall be 8.25 per cent. per annum.
TABLE
Section 8 of the Finance (No. 2) Act 1947 (unpaid profits tax, excess profits tax and excess profits levy) Paragraph 10(1) of Schedule 7 to the Finance Act 1960 (unpaid profits tax recovered to make good loss due to taxpayer’s fault) Sections 86 , 86A , 87 and 88 of the Taxes Management Act 1970 (unpaid income tax, surtax, capital gains tax, corporation tax, including advance corporation tax, development land tax, and overpaid development land tax) Paragraph 15(1) of Schedule 2 to the Oil Taxation Act 1975 (unpaid petroleum revenue tax)
3
The prescribed rate of interest for the purposes of sections 47(1) and 48(2) of the Finance (No. 2) Act 1975 (supplement on overpaid income tax, surtax, capital gains tax, and corporation tax, including advance corporation tax) shall be 8.25 per cent. per annum.
Tim Sainsbury
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
14th May 1987


text:
Citation
1
This Order may be cited as the Education (No. 2) Act 1986 (Commencement No. 3) Order 1987.
Interpretation
2
In this Order “ the Act ” means the Education (No. 2) Act 1986.
Coming into force of certain provisions of the Act
3
The provisions of the Act specified in column 1 of the Schedule to this Order (which relate to the matters mentioned in column 2 thereof) shall come into force on 1st September 1987.


text:
Citation, commencement and introduction
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1987 and shall come into force on 1st October 1987.
2
The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 shall be further amended in accordance with the following provisions of these Regulations.
Amendment of regulation 3 (application)
3
In paragraph (1)(a)(ii) of regulation 3, for the words “40 kilometres per hour” there shall be substituted the words “50 kilometres per hour”.
Amendments relating to noise and silencers
4
In regulation 4 (type approval requirements — application), the following new paragraphs shall be added at the end —
8
Subject to paragraph (9), where, in relation to item 14B, 14C or 14D in Schedule 1, a date is specified in column (6) of that Schedule (being a date of cessation of application of type approval requirements), that date shall not apply to any vehicle for which, or for a model of which, there is a type approval certificate or (as the case may be) a Minister’s approval certificate in force at the time but, in relation to any such vehicle, column (6) shall be read and shall have effect as if there appeared in that column a date one year later than the date specified therein.
9
In relation to any vehicle —
a
which has 5 or more forward gears and a maximum power to maximum gross weight ratio of not less than 75 kilowatts per tonne; and
b
for which, or for a model of which, there is a type approval certificate or (as the case may be) a Minister’s approval certificate in force on 30th September 1988,
notwithstanding the specification in item 14B or 14C in column (6) of Schedule 1 of any date, that column shall be read and have effect as if no date appeared therein.
.
5
In Schedule 1 —
a
in items 14B, 14C and 14D, in column (6) “30.9.1988” shall be inserted as the date of cessation of application of those type approval requirements;
b
in item 14D, in column (3)(b) immediately before the date “18.5.81” there shall be inserted the reference “L 131”; and
c
after item 14D, there shall be inserted as item 14E the item so numbered in the Schedule to these Regulations.
Amendments relating to brakes
6
In Schedule 1 —
a
in column (6) in item 13B, insert the date “30.9.1989”;
b
in column (6) in items 13C and 13D, in relation to ECE Regulation 13 as revised on 4th January 1979 and amended on 11th August 1981 insert the date “30.9.1989”; and
c
after item 13F there shall be inserted as item 13G the item so numbered in the Schedule to these Regulations.
Miscellaneous amendments of Schedule 1 (type approval requirements)
7
1
Schedule 1 shall be amended in accordance with the following provisions of this regulation.
2
In item 1A —
a
in column (3)(a), there shall be added the words “or ECE Regulation 11 as revised on 15th March 1981, corrected on 9th August 1982 and amended on 20th April 1986.”; and
b
opposite the additional words mentioned in sub-paragraph (a) above from “or” onwards there shall be inserted —
i
in column (3)(c), the words “Design and construction requirements in paragraphs 5 and 6.”; and
ii
in column 5, “1st October 1987”.
3
After item 5A, there shall be inserted as item 5B the item so numbered in the Schedule to these Regulations.
4
In item 6 —
a
in column (3)(a), after the first paragraph of entry number 1 there shall be added the words “or ECE Regulation 1 as revised on 18th March 1986”;
b
opposite the additional words mentioned in sub-paragraph (a) above from “or” onwards there shall be inserted —
i
in column (3)(c), the words “Design and construction requirements in paragraphs 5, 6 and 12. Marking requirements in paragraphs 3 and 4.4(b).”; and
ii
in column (5), “1st October 1987”;
c
in column (3)(a), in the third paragraph of entry number 1 after the words “26th September 1978” there shall be inserted the words “and 9th March 1986”;
d
in column (3)(a), after the words “21st June 1978” at the end of entry number 3 there shall be inserted the words “or ECE Regulation 8 as revised on 6th May 1974, corrected on 2nd May 1977 and 21st June 1978 and amended on 6th July 1986”;
e
opposite the additional words mentioned in sub-paragraph (d) above from “or” onwards there shall be inserted —
i
in column (3)(c), the words “Design and construction requirements in paragraphs 5, 6, 7, 9, 10, 11, 12, 13 and 14. Marking requirements in paragraphs 3, 4.4.2 and 4.5.”; and
ii
in column (5), “1st October 1987”.
5
In item 6A —
a
in column (3)(a), at the end there shall be added the words “or ECE Regulation 20 as revised on 15th August 1976 and amended on 3rd July 1986.”; and
b
opposite the additional words mentioned in sub-paragraph (a) above from “or” onwards there shall be inserted —
i
in column (3)(c), the words “Design and construction requirements in paragraphs 5, 6, 7, 9, 10, 11, 12, 13 and 14. Marking requirements in paragraphs 3, 4.3.2 and 4.4.”; and
ii
in column 5, “1st October 1987”.
6
In paragraph (c) of column (2) in items 6 and 6A —
a
for the word “and” when it first appears there shall be substituted a comma; and
b
after the words “1st June 1984” there shall be inserted the words “and corrected on 2nd June 1986 and further amended on 23rd October 1986”.
7
After item 7, there shall be inserted as item 7A the item so numbered in the Schedule to these Regulations.
8
In item 8A —
a
in column (3)(a), at the end there shall be added the words “or ECE Regulation 3 as revised on 20th March 1982 and amended on 1st July 1985.”; and
b
opposite the additional words mentioned in sub-paragraph (a) above from “or” onwards there shall be inserted —
i
in column (3)(c), the words “Design and construction requirements in paragraphs 9 and 10. Marking requirements in paragraphs 4.1, 4.3, 4.4 and 5.5.1.3.”; and
ii
in column (5), “1st October 1987”.
9
In column (3)(a) of item 11A, at the end there shall be added the words “and corrected on 2nd June 1986.”.
10
In item 12A —
a
in column (3)(a), at the end of the entry for ECE Regulation 16 there shall be added the words “or ECE Regulation 16 as revised on 9th December 1979, corrected on 25th June 1981 and amended on 22nd December 1985.”;
b
opposite the additional words mentioned in sub-paragraph (a) above from “or” onwards there shall be inserted —
i
in column (3)(c), the words “Design, construction and equipment requirements in paragraphs 6.1.2, 6.2, 6.3, 6.4, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8 and 7.9. Marking requirements in paragraphs 4, 5.4.2.1 and 5.4.2.2.”; and
ii
in column (5), “1st October 1987”; and
c
in column (3)(a), in the second entry for ECE Regulation 14 for the words “and amended on 22nd November 1984” there shall be substituted the words “and amended and corrected on 22nd November 1984.”.
11
In items 13E and 13F, in column (3)(a) for the words “and amended on 11th August 1981 and on 26th November 1984” there shall be substituted the words “, amended on 11th August 1981 and amended and corrected on 26th November 1984”.
12
In item 15B —
a
in column (3)(a), at the end there shall be added the words “or ECE Regulation 43 of 15th September 1980 as amended on 14th November 1982 and on 4th April 1986.”; and
b
opposite the additional words mentioned in sub-paragraph (a) above from “or” onwards there shall be inserted —
i
in column (3)(c), the words “Design and construction requirements in paragraphs 6 and 7. Marking requirements in paragraph 4.”; and
ii
in column (5), “1st October 1987”.
13
In item 16 —
a
in column (3)(a), at the end there shall be added the words “or ECE Regulation 17 as revised on 11th September 1973, amended on 9th March 1981 and revised on 1st May 1986.”; and
b
opposite the additional words mentioned in sub-paragraph (a) above from “or” onwards there shall be inserted —
i
in column (3)(c), the words “Design and construction requirements in paragraphs 5, 6 and 7. Marking requirements in paragraph 4.”; and
ii
in column (5), “1st October 1987”.
14
In column (3)(a) of item 18A, at the end there shall be added the words “, amended on 26th April 1986 and corrected on 10th October 1986”.
15
In column (3)(a) of item 19, at the end of the entry for ECE Regulation 26 there shall be added the words “and corrected on 23rd June 1986.”.
Amendment of references to Construction and Use Regulations
8
1
In paragraph (1) of regulation 2 (interpretation), in the definition of “the Construction and Use Regulations” for the words “Motor Vehicles (Construction and Use) Regulations 1978” there shall be substituted the words “Road Vehicles (Construction and Use) Regulations 1986”( ).
2
In paragraph (3)(b) of that regulation, for the words “Regulation 3(2)” there shall be substituted the words “regulation 3(3)”.
3
In Schedule 1 (type approval requirements)( ), for the references to regulations of the Construction and Use Regulations specified in column 2 of the Table below there shall be substituted the references specified in column 3 of that Table.
TABLE
(1) (2) (3) Location of references Existing references New references Item number Column number
12A (2) 17(5)(b)
17(12)
17(4)(a)
47(2)(b)
47(8)
46(4)(a)(ii)
12A (4) 17(12) 47(8)
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
24th August 1987


text:
Title and commencement
1
This Order may be cited as the Tayside and Fife Regions and Perth and Kinross and North East Fife Districts (Auchtermuchty) Boundaries Amendment Order 1987, and shall come into force on 15th February 1988.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977( ); and
“boundary map” means the map prepared by the Scottish Office, marked “The Tayside and Fife Regions and Perth and Kinross and North East Fife Districts (Auchtermuchty) Boundaries Amendment Order 1987 Map” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a boundary of a region is a reference to a boundary existing immediately before the commencement of this Order.
Application of Regulations
3
The 1977 Regulations shall apply for the purposes of this Order to such extent as may be required to implement the area change effected by article 4 of this Order.
Area change
4
Part of Perth and Kinross District of Tayside Region containing farm properties to the north west of the village of Auchtermuchty, being the area described in the Schedule to this Order and shown delineated and hatched on the boundary map, shall be transferred to North East Fife District of Fife Region.
Consequential changes of electoral arrangements
5
The area described in the Schedule to this Order (being the area transferred by article 4 of this Order) —
a
shall cease to form part of electoral division 45 (Gowrie) of Tayside Region( ) and ward 26 (Dunearn) of Perth and Kinross District( ); and
b
shall form part of electoral division 22 (Auchtermuchty/Newburgh) of Fife Region( ) and ward 5 (Auchtermuchty/Strathmiglo) of North East Fife District( ).
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
New St Andrew’s House,
Edinburgh
26th November 1987


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Sheep and Goats (Removal to Northern Ireland) (Amendment) Regulations 1987 and shall come into force on the day after the day on which they are made.
2
Except where the context otherwise requires any reference in these Regulations to a numbered regulation or schedule refers to the regulation or schedule so numbered in the Sheep and Goats (Removal to Northern Ireland) Regulations 1983 .
Amendment of definitions
2
In regulation 2 —
a
in the definition of “carcase” for the words “salted in brine” there shall be substituted the words “salted, in brine”;
b
for the definition of “the Commission Regulation”, there shall be substituted the following definition: —
“the Commission Regulation” means Commission Regulation ( EEC ) No 1633/84 as amended by Commission Regulation (EEC) No 3451/85 , Commission Regulation (EEC) No 9/86 and Commission Regulation (EEC) No 1860/86 all of which lay down detailed rules for applying the variable slaughter premium for sheep and the first of which repeals Regulation (EEC) No 2661/80 ;
c
after the definition of “the departure charge”, there shall be inserted the following definition: —
“product” means any product referred to in Article 1(c) of Council Regulation (EEC) No 1837/80 on the common organization of the market in sheepmeat and goatmeat ;
d
for the definition of “removal”, there shall be substituted the following definition: —
“remove” means remove from Great Britain to Northern Ireland, and “removal” shall be construed accordingly;
;
e
in the definition of “removal declaration”, for the words “animal or carcase”, there shall be substituted the words “animal, carcase or product”.
Insertion of regulation 2A
3
After regulation 2 there shall be inserted the following regulation: —
Application
2A
These Regulations shall not apply to any animal, carcase or product which —
a
is brought into, and removed from, Great Britain under the internal or external Community transit procedure ; or
b
is not in free circulation in Great Britain.
.
Control of prepared and preserved meat
4
1
In regulations 3(1), 6 and 13, for the words “animal (other than a pure-bred breeding animal) or carcase”, there shall be substituted the words “animal (other than a pure-bred breeding animal), carcase or product”.
2
In regulations 3(1), 4(1), 5, 6, 7 and in regulations 8(1)(a) (as re-numbered by regulation 6(1) below) and 10(4), for the words “animal or carcase”, wherever they occur, there shall be substituted the words “animal, carcase or product”.
3
In regulation 6 and in regulation 8(1)(a) (as re-numbered by regulation 6(1) below) and in items 1, 4 and 6 of Schedule 1, for the words “animals or carcases”, there shall be substituted the words “animals, carcases or products”.
4
For items 2 and 3 of Schedule 1 there shall be substituted the following items: —
2
The numbers, weights and descriptions, including full Common Customs Tariff headings, of the animals, carcases or products to be removed and, for products, an indication as to whether they are bone-in or boneless.
3
The address, if different from that of the consignor, —
a
of the farm premises from which animals originate;
b
of the slaughterhouse from which fresh, chilled or frozen carcases originate;
c
of the packing premises from which carcases which are salted, in brine, dried or smoked originate;
d
of the packing premises from which products originate.
.
Time and place of inspection and weighing
5
1
At the end of regulation 4(1) the words “before removal” shall be deleted.
2
In regulation 4(2) for the word “animal” there shall be substituted the words “animal, carcase or product”.
Amendment of regulation 8
6
1
Regulation 8 shall be re-numbered as regulation 8. — (1) and immediately before the words “A qualified person” there shall be inserted the words “In Great Britain”.
2
In regulation 8 after paragraph (1) there shall be inserted the following paragraphs:
2
In Northern Ireland a qualified person may at any time for the purpose of ascertaining whether the provisions of these Regulations have been or are being complied with —
a
enter and examine the contents of any vehicle, vessel or aircraft, or open and examine the contents of any container;
b
direct the person in charge of any vehicle to drive it to a place, specified by the qualified person, where it may be unloaded for the purpose of an examination of its contents.
3
In Northern Ireland a qualified person who reasonably suspects that there has been an offence under these Regulations may, in addition, for the purpose of investigating such an offence —
a
enter upon any land on which animals, products or carcases are being held for the time being and inspect any animal, carcase or product found thereon;
b
take possession of, or take a copy of, or extract from, any book, account or record appearing to him to be material which is produced pursuant to regulation 6, or which is in the possession or control of a person who he reasonably suspects is guilty of such an offence.
4
The owner or person in charge of any land on which animals, carcases or products are held for the time being or of any vehicle, vessel or aircraft, or the contents thereof, shall comply with all reasonable requirements of the qualified person in connection with an inspection or examination under this regulation.
Increase of penalties and the insertion of an additional offence
7
1
In regulation 10(1), for the words “four hundred pounds”, there shall be substituted “£2000”.
2
In regulations 10(2) and 10(3), for the words “two hundred pounds”, there shall be substituted “£1000”.
3
In paragraph (a) of regulation 10(3) for the words “regulation 6” there shall be substituted the words “regulation 6 or 8”.
4
In regulation 10(4), for the words “one thousand pounds” there shall be substituted “£2000”.
Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th May 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food.
Tom King
One of Her Majesty’s Principal Secretaries of State
19th May 1987


text:
Citation, commencement and introduction
1
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 1987.
2
These Regulations shall come into force for the purposes of regulation 13 on 1st April 1988 and for all other purposes on 6th May 1987.
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendments relating to Ministry plates
3
In the Table in regulation 3(2), in the definition of “Ministry plate” for the words “, the said particulars being those shown in the plating certificate for the vehicle” there shall be substituted the words “or Schedule 10A”.
4
After Schedule 10 there shall be inserted as Schedule 10A the schedule set out in the Schedule to these Regulations.
Amendments relating to semi-trailers with driven wheels
5
In regulation 3(2), to the meaning of the expression “semi-trailer” specified in column 2 of the Table there shall be added the following words–
“including (without prejudice to the generality of that) a vehicle which is not itself a motor vehicle but which has some or all of its wheels driven by the drawing vehicle”.
6
In regulation 51, the following new paragraph shall be inserted after paragraph (2)–
2A
This regulation also applies to a wheeled goods vehicle, whether of a description falling within paragraph (2) or not, which is a semi-trailer some or all of the wheels of which are driven by the drawing vehicle.
.
Amendments relating to braking systems
7
In regulation 15–
a
in paragraph (1), after the words “paragraphs (2), (3)” there shall be inserted the words “except sub-paragraph (b)(ii)”;
b
after paragraph (1) there shall be inserted the following new paragraphs–
1A
Save as provided in paragraphs (2), (3)(b) and (c), (3A) and (5), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which is first used on or after the relevant date shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 85/647, and if relevant, Annexes III , IV , V, VI , VIII , X, XI and XII to that Directive, in relation to the category of vehicles specified in that item in column 3.Provided that it shall be lawful for any vehicle of such a class which was first used before 1st April 1989 to comply with the said requirements instead of complying with regulations 15(1), 16 and 17.
1B
In paragraph (1A), the relevant date in relation to a vehicle in category M1, M2 or N1 is 1st April 1990, and in relation to a vehicle in any other category is 1st April 1989.
;
c
in paragraph (2), for the words “paragraph (1)” there shall be substituted the words “paragraphs (1) and (1A)”;
d
in paragraph (3)–
i
for the words “paragraph (1)” there shall be substituted the words “paragraphs (1) and (1A)”;
ii
in sub-paragraph (a), for the words “the said Community Directive” there shall be substituted the words “Community Directive 79/489”;
iii
for sub-paragraph (b) there shall be substituted the following new sub-paragraph–
b
in items 2 and 3–
i
the requirements specified in paragraph 1.1.4.2 of Annex II to Community Directive 79/489; and
ii
sub-note (2) to paragraph 1.17.2 of Annex I to Community Directive 85/647,
shall not apply;
; and
iv
in sub-paragraphs (c) and (d), for the words “the said Community Directive” there shall be substituted the words “Community Directive 79/489”;
e
after paragraph (3) there shall be inserted the following new paragraph–
3A
The requirements specified in paragraph (1A) shall apply to a road tanker subject to the exclusion of paragraph 4.3 of Annex X to Community Directive 85/647.
;
f
in paragraph (4), for the words “the preceding provisions” there shall be substituted the words “paragraph (1)”; and
g
after paragraph (4) there shall be inserted the following new paragraphs–
5
Instead of complying with paragraph (1A) of this regulation, a vehicle to which this regulation applies may comply with Community Directive 85/647 or ECE Regulation 13.05.
6
In paragraph (3A) the expression “road tanker” means any vehicle or trailer which carries liquid fuel in a tank forming part of the vehicle or trailer other than that containing the fuel which is used to propel the vehicle, and also includes any tank with a capacity exceeding 3mu23 carried on a vehicle.
7
In this regulation, and in relation to the application to any vehicle of any provision of Community Directive 85/647, the definitions of “semi-trailer”, “full trailer” and “centre-axle trailer” set out in that Directive shall apply and the meaning of “semi-trailer” in column 2 of the Table in regulation 3(2) shall not apply.
.
8
In paragraph (2) of regulation 16–
a
after the words “regulation 15(1)” there shall be inserted the words “or (1A)”; and
b
after the words “Community Directive 79/489” there shall be inserted the words “or 85/647”.
9
In sub-paragraph (a) of paragraph (2) of regulation 17–
a
after the words “a vehicle to which” there shall be inserted the words “paragraph (1) or (1A) of”; and
b
after the words “Community Directive 79/489” there shall be inserted the words “or 85/647”.
10
In regulation 18–
a
in Table I, in column 2 for item 1, after the words “Community Directive 79/489” there shall be inserted the words “or 85/647”; and
b
in paragraph (8), after the words “Community Directive 79/489” there shall be inserted the words “or 85/647”.
11
In Table I in Schedule 2, the following new entries shall be made–
a
in column 1, the figure “50”;
b
in column 2, the figures “85/647”;
c
in column 3(a), the date “23.12.85”;
d
in column 3(b), the reference “L380, 31.12.85, p.1”;
e
in column 3(c), the words “The braking devices of certain motor vehicles and their trailers”; and
f
in column 3(d), the words “71/320 as amended by 74/132, 75/524 and 79/489”.
12
In Schedule 3, after the words “Community Directive 79/489” in both places where they occur there shall be inserted the words “or 85/647”.
Amendments relating to maximum weights
13
1
In Part I of the Table in regulation 78(1), in sub-paragraph (a) of column 2 for item 1 for the words “and the relevant train weight shown on the plate of that vehicle exceeds 32,520 kg ” there shall be substituted the words “not being a bus”.
2
In Schedule 11–
a
in Part I, in column 3 for item 4 after the words “regulation 78(5)” there shall be added the words “or a goods vehicle”; and
b
in Part II, in column 5 for item 3 the words in brackets shall be omitted.
Amendment relating to trailers drawn by steam powered vehicles
14
In regulation 83, the following new paragraph shall be added at the end–
4
For the purpose of this regulation, the word “trailer” does not include a vehicle which is drawn by a steam powered vehicle and which is used solely for carrying water for the purpose of the drawing vehicle.
.
Miscellaneous amendments
15
1
In regulation 31, for paragraph (4) there shall be substituted the following new paragraph–
4
In this regulation and in regulation 32–
“caravan” means a trailer which is constructed (and not merely adapted) for human habitation; and
“safety glass” means glass so constructed or treated that if fractured it does not fly into fragments likely to cause severe cuts.
.
2
In paragraph (13) of regulation 32, the definitions of “caravan” and “safety glass” shall be omitted.
3
In sub-paragraph (c) of paragraph (4) of regulation 49, for the words “II.5.4.5.1” where they first appear there shall be substituted the words “II.5.4.1”.
4
In sub-paragraph (b) of paragraph (2) of regulation 87, for the words “regulation 16(3)(b) to (g)” there shall be substituted the words “paragraphs (b) (excluding sub-paragraph (ii)) to (g) of regulation 16(3)”.
5
In sub-paragraph (a) of paragraph (3) of regulation 99, after the words “engineering plant”, there shall be inserted the words “a refuse vehicle,”.
6
In paragraph 4 of Schedule 3, for the words “requirements 4 and 9” there shall be substituted the words “requirements 4, 9 and 14”.
Signed by authority of the Secretary of State.
Peter Bottomley
Parliamentary Under Secretary of State,Department of Transport
7th April 1987


text:
Citation and commencement
1
This Order may be cited as the Industrial Training Levy (Road Transport) Order 1987 and shall come into force on 1st August 1988.
2
1
In this Order unless the context otherwise requires: —
a
“assessment” means an assessment of an employer to the levy;
b
“the Board” means the Road Transport Industry Training Board;
c
“business” means any activities of industry or commerce;
d
“employer” means a person who is an employer in the road transport industry at any time in the twenty-second levy period;
e
“exemption certificate” means a certificate issued by the Board under section 14 of the Industrial Training Act 1982;
f
“the industrial training order” means the Industrial Training (Road Transport Board) Order 1966 ;
g
“the levy” means the levy imposed by the Board in respect of the twenty-second levy period;
h
“notice” means a notice in writing;
i
“road transport establishment” means an establishment in Great Britain engaged in the twenty-second base period wholly or mainly in the road transport industry for a total of twenty-seven or more weeks or, being an establishment that commenced to carry on business in the twenty-second base period, for a total number of weeks exceeding one-half of the number of weeks in the part of the said period commencing with the day on which business was commenced and ending on the last day thereof;
j
“the road transport industry” does not include any activities which have been transferred from the industry of the Board to the industry of another industrial training board by one of the transfer orders but save as aforesaid means any one or more of the activities which, subject to the provisions of paragraph 2 of Schedule 1 to the industrial training order, are specified in paragraph 1 of that Schedule as the activities of the road transport industry or, in relation to an establishment whose activities have been transferred to the industry of the Board by one of the transfer orders, any activities so transferred;
k
“the twenty-second base period” means the period of twelve months that commenced on 6th April 1987;
l
“the twenty-second levy period” means the period commencing with the day upon which this Order comes into force and ending on 31st July 1989;
m
“the transfer orders” means: —
i
the Industrial Training (Transfer of the Activities of Establishments) ( No. 2) Order 1974 ,
ii
the Industrial Training (Transfer of the Activities of Establishments) (No. 2) Order 1975 ,
iii
the Industrial Training (Transfer of the Activities of Establishments) Order 1976 ,
iv
the Industrial Training (Transfer of the Activities of Establishments) (No. 3) Order 1976 ,
v
the Industrial Training (Transfer of the Activities of Establishments) Order 1977 ,
vi
the Industrial Training (Transfer of the Activities of Establishments) Order 1978 ,
vii
the Industrial Training (Transfer of the Activities of Establishments) (No. 2) Order 1978 ,
viii
the Industrial Training (Transfer of the Activities of Establishments) Order 1979 ,
ix
the Industrial Training (Transfer of the Activities of Establishments) Order 1980 ,
x
the Industrial Training (Transfer of the Activities of Establishments) (No. 2) Order 1980 ,
xi
the Industrial Training (Transfer of the Activities of Establishments) Order 1981 , and
xii
the Industrial Training (Transfer of the Activities of Establishments) Order 1985 .
2
Any reference in this Order to an establishment that commences to carry on business or that ceases to carry on business shall not be taken to apply where the location of the establishment is changed but its business is continued wholly or mainly at or from the new location, or where the suspension of activities is of a temporary or seasonal nature.
Imposition of the levy
3
The levy to be imposed by the Board on employers in respect of the twenty-second levy period shall be assessed in accordance with the provisions of the Schedule to this Order.
Assessment notices
4
1
The Board shall serve an assessment notice on every employer assessed to the levy.
2
The amount payable under an assessment notice shall be rounded down to the nearest £1.
3
An assessment notice shall state the Board’s address for the service of a notice of appeal or of an application for an extension of time for appealing.
4
An assessment notice may be served on the person assessed to the levy either by delivering it to him personally or by leaving it, or sending it to him by post, at his last known address or place of business in the United Kingdom or, if that person is a corporation, by leaving it, or sending it by post to the corporation at such address or place of business or at its registered or principal office.
Payment of levy
5
1
Subject to the provisions of this Article and of Articles 6 and 7, the amount of the levy payable under an assessment notice served by the Board shall be due and payable to the Board in two instalments, as follows —
a
the first instalment, being that portion of the levy from which, in accordance with paragraph 4 of the Schedule to this Order, exemption certificates are not to exempt any employer in the industry, shall be due and payable on 1st September 1988, or one month after the date of the assessment notice, whichever is the later;
b
the second instalment, being the remainder, if any, of the levy, shall be due and payable on 1st December 1988, or one month after the date of the assessment notice, whichever is the later.
2
The amount of an assessment shall not be recoverable by the Board until there has expired the time allowed for appealing against the assessment by Article 7(1) of this Order and any further period or periods of time that the Board or an industrial tribunal may have allowed for appealing under paragraph (2) or (3) of that Article or, where an appeal is brought, until the appeal is decided or withdrawn.
Withdrawal of assessment
6
1
the Board may, by a notice served on the person assessed to the levy in the same manner as an assessment notice, withdraw an assessment if that person has appealed against that assessment under the provisions of Article 7 of this Order and the appeal has not been entered in the Register of Appeals kept under the appropriate Regulations specified in paragraph (5) of that Article.
2
The withdrawal of an assessment shall be without prejudice to the power of the Board to serve a further assessment notice on the employer.
Appeals
7
1
A person assessed to the levy may appeal to an industrial tribunal against the assessment within one month from the date of the service of the assessment notice or within any further period or periods of time that may be allowed by the Board or an industrial tribunal under the following provisions of this Article.
2
The Board by notice may for good cause allow a person assessed to the levy to appeal to an industrial tribunal against the assessment at any time within the period of four months from the date of the service of the assessment notice or within such further period or periods as the Board may allow before such time as may then be limited for appealing has expired.
3
If the Board shall not allow an application for extension of time for appealing, an industrial tribunal shall upon application made to the tribunal by the person assessed to the levy have the like powers as the Board under the last foregoing paragraph.
4
If the Board shall not allow an application for extension of time for appealing, an industrial tribunal shall upon application made to the tribunal by the person assessed to the levy have the like powers as the Board under the last foregoing paragraph.
5
In the case of an assessment that has reference to an establishment that ceases to carry on business in the twenty-second levy period on any day after the date of the service of the assessment notice, the foregoing provisions of this Article shall have effect as if for the period of four months from the date of the service of the assessment notice mentioned in paragraph (2) of this Article there were substituted the period of six months from the date of the cessation of business.
6
An appeal or an application to an industrial tribunal under this Article shall be made in accordance with the Industrial Tribunals (England and Wales) Regulations 1965 except where the assessment relates to persons employed at or from one or more establishments which are wholly in Scotland and to no other persons in which case the appeal or application shall be made in accordance with the Industrial Tribunals (Scotland) Regulations 1965 .
7
The powers of an industrial tribunal under paragraph (3) of this Article may be exercised by the President of the Industrial Tribunals (England and Wales) or by the President of the Industrial Tribunals (Scotland) as the case may be.
Evidence
8
1
Upon the discharge by a person assessed to the levy of his liability under an assessment the Board shall if so requested issue to him a certificate to that effect.
2
The production in any proceedings of a document purporting to be certified by the Secretary of the Board to be a true copy of an assessment or other notice issued by the Board or purporting to be a certificate such as is mentioned in the foregoing paragraph of this Article shall, unless the contrary is proved, be sufficient evidence of the document and of the facts stated therein.
Signed by order of the Secretary of State
Patrick Nicholls
Parliamentary Under Secretary of State
Department of Employment
19th November 1986


text:
Citation and commencement
1
This Order may be cited as the Crown Roads (Royal Parks) (Application of Road Traffic Enactments) Order 1987 and shall come into force on 1st April 1987.
Revocation
2
The Crown Roads (Royal Parks) (Application of Road Traffic Enactments) Order 1977 , the Crown Roads (Royal Parks) (Application of Road Traffic Enactments) (Amendment) Order 1983 , and the Crown Roads (Royal Parks) (Application of Road Traffic Enactments) (Amendment) Order 1986 are hereby revoked.
Interpretation
3
1
In this Order —
“park constable” has the meaning given by section 3 of the Parks Regulation Act 1872 ; and
“the Royal Parks” means all parks, gardens, recreation grounds, open spaces and other land to which the Parks Regulation Act 1872 applies ; and includes all roads deemed to be under the management of the Secretary of State by virtue of section 7(5) of the Crown Estate Act 1961 .
2
In the road traffic enactments as applied by this Order, the expression “constable” includes a park constable.
Application of certain road traffic enactments to certain Crown roads
4
The Secretary of State hereby directs that the road traffic enactments specified in column 1 of the Schedule to this Order shall apply to the Crown roads in the Royal Parks, subject to the exceptions, adaptations and modifications specified in column 2 of that Schedule, as they apply in relation to other roads to which the public has access.
5
The Secretary of State hereby directs that sections 104, 105 and 106 of the Road Traffic Regulation Act 1984 shall apply to the Crown roads in the Royal Parks known as Hyde Park, Kensington Gardens, Regent’s Park, St. James’s Park and The Green Park in Greater London as they apply in relation to other roads to which the public has access.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
3rd March 1987
I consent to the making of this Order
Nicholas Ridley
Secretary of State for the Environment
9th March 1987


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The length of the Trunk Road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Durham that the new trunk road is open for through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”
means the plan numbered HA10/2 — /206 marked “The (A19) East of Snaith — York — Thirsk — Stockton-on-Tees — Sunderland Trunk Road (Burnhope Way Roundabout Grade Separated Junction) Order 1987”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY; and
iii
“the Trunk Road”
means the (A19) East of Snaith — York — Thirsk — Stockton-on-Tees — Sunderland Trunk Road.
5
This Order shall come into force on 6th May 1987 and may be cited as the (A19) East of Snaith — York — Thirsk — Stockton-on-Tees — Sunderland Trunk Road (Burnhope Way Roundabout Grade Separated Junction) Order 1987.
Signed by authority of the Secretary of State
Alastair Balls
Regional Director Northern Region
Department of Transport
3rd April 1987


text:
1
This Order may be cited as the Customs Duties (Quota Relief) Order 1987 and shall come into force on 1st July 1987.
2
In this Order the “relevant quota” means the quantity of goods which are exempt from customs duty on import into the United Kingdom under the provisions of the Council Regulation ( EEC ) of 25th June 1987 opening, allocating and providing for the administration of a Community tariff quota for rum, arrack and tafia, falling within sub-heading 22.09 CI of the Common Customs Tariff and originating in the African, Caribbean and Pacific States ( ACP ) (1987 — 1988) (“the EEC Regulation”).
3
1
For the purposes of the EEC Regulation, subject as provided in Article 4(2) and (3) of the Customs Duties Quota Relief (Administration) Order 1986 (“the 1986 Order ”) and subject to paragraph (2) of this Article, goods shall be treated as forming part of the relevant quota in the order in which an entry thereof is accepted on or after 1st July 1987 being an entry for home use under section 37 of the Customs and Excise Management Act 1979 or under regulation 13 of the Customs Warehousing Regulations 1979 containing an application for relief from customs duty under the quota, accompanied by such documents as may be required under provisions of Protocol No. 5 to the Third ACP — EEC Convention of Lome (relating to the origin of products).
2
Goods shall not be treated as forming part of the relevant quota if they have been entered for warehousing under the said section 37 in an excise warehouse unless in respect of the goods —
a
an entry for home use under regulation 13 of the Excise Warehousing (Etc.) Regulations 1982 (“the 1982 Regulations ”) is or has been accepted; or
b
notice of compounding of spirits has been given under regulation 12 of the 1982 Regulations; or
c
notice of intention to remove for denaturing has been given under regulation 13 of the 1982 Regulations.
3
The provisions of Article 4(1) of the 1986 Order (which provides for the order in which goods shall be treated as forming part of a quota) shall not apply to the administration of any relief from duty under the EEC Regulation.
Alan Clark
Minister for Trade,
Department of Trade and Industry
30th June 1987


text:
Citation and commencement
1
1
This Order may be cited as the Yorkshire Dales Light Railway Order 1987 and shall come into force on 24th June 1987.
2
The Yorkshire Dales Light Railway Orders 1979 and 1983 and this Order may be cited together as the Yorkshire Dales Light Railway Orders 1979 to 1987.
Interpretation
2
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them —
“ the Board ” means the British Railways Board;
“the former railway” means the railway or former railway of the Board described in the Schedule to this Order together with all lands and works relating thereto;
“the lease” means any lease granted under paragraph (1) of article 7 (Sale or lease of railway to Railway Company ) of this Order, any extension of the same or any new lease granted under any statutory powers or provisions;
“the operators” means Tilcon Holdings Limited;
Provided that —
during the currency of the lease and subject to the terms thereof “the operators” in respect of so much of the railway as is so demised shall include the Railway Company; and
if the freehold of any part of the railway is at any time vested in the Railway Company pursuant to article 7 of this Order “the operators”, in respect of so much of the railway as is so vested, shall thereafter mean the Railway Company and not Tilcon Holdings Limited;
“the principal Act ” means the Light Railways Acts 1896 and 1912, as amended by the Railways Act 1921;
“the railway” means the railway authorised to be constructed, made and maintained pursuant to article 5 of this Order together with all lands and works relating thereto and, where any part of the said railway and works remains uncompleted, includes the site of that part;
“the Railway Company” means the Yorkshire Dales Railway Museum Trust (Holdings) Limited incorporated under the Companies Act 1948 and having its registered office at Albion House, Rope Walk, Otley Street, Skipton, North Yorkshire; and
“Tilcon Holdings Limited” means the company of that name (originally known as A. Braithwaite & Co. Limited and incorporated under the Companies Acts 1908 to 1917) having its registered office at Conyngham Hall, Knaresborough, North Yorkshire.
Incorporation and modification of enactments
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 , so far as the same are applicable for the purposes and are not inconsistent with, or varied by, the provisions of this Order, are incorporated with, and form part of, this Order —
Section 16 (works to be executed);
Section 61 (Company to make sufficient approaches and fences to such highways crossing on the level);
Section 68 (maintenance of gates, bridges, fences, drains, watering places);
Section 75 (penalty on persons omitting to fasten gates); and
Sections 77 to 85 (provisions with respect to mines lying under or near the railway).
2
Notwithstanding the provisions of subsection (1) of section 12 of the Light Railways Act 1896, the following provisions shall apply to the railway —
Regulation of Railways Act 1868 —
Section 22 (means of communication between passengers and railway servants);
Regulation of Railways Act 1889 —
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
3
In its application to the railway, section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
Disapplication of provisions
4
Section 6 (For protection of the Duke of Devonshire) of the Midland Railway (Additional Powers) Act 1883 , shall not apply to the railway or to the former railway.
Power to make railway
5
The operators may on the line of the former railway construct, make and maintain a railway with all the necessary works and conveniences connected therewith and work the same as a light railway under the principal Act and in accordance with the provisions of this Order.
Transfer of rights, etc. from Board
6
Except as may be otherwise provided in this Order, the railway or any part thereof shall be subject to all statutory and other provisions applicable to the former railway (insofar as the same are still subsisting and capable of taking effect) and the operators shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the former railway (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
Sale or lease of railway to Railway Company
7
1
Tilcon Holdings Limited may lease to the Railway Company the railway or any part thereof, together with all the rights, powers, privileges and obligations vested in Tilcon Holdings Limited by article 6 of this Order, on such terms and with such conditions as may be agreed between the two parties. Tilcon Holdings Limited and the Railway Company may also enter into and carry into effect agreements providing for the subsequent transfer to and vesting in the Railway Company of the railway or any part thereof.
2
During the continuance of the lease, or after the operative date of any transfer under the provisions of this article, the Railway Company shall to the exclusion of Tilcon Holdings Limited be entitled to the benefit of and to exercise all such rights, powers and privileges and be subject to all such obligations statutory or otherwise as are transferred to or conferred upon Tilcon Holdings Limited by this Order.
As to levels and formation of railway
8
The railway shall be laid on the same levels as, and within the existing formation of, the former railway with the exception of the section of the railway between the culvert over the Berry Ground Beck and the termination of the railway, where the railway shall be laid within the existing formation but at a maximum level of 60 centimetres below the former railway.
Gauge of railway and motive power
9
The railway shall be constructed and operated on a nominal gauge of 1.435 metres (4 feet 8½ inches) and the motive power shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the operators to use electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages:
Provided also that, if electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 ) or with telecommunication by means of such apparatus.
Restrictions and conditions as to working of railway
10
1
The operators shall not use upon the railway any engine, carriage or truck bringing any weight upon the rails by any one pair of wheels exceeding such weight as the Secretary of State may allow.
2
The operators shall not run any train or engine upon any part of the railway at a rate of speed exceeding at any time that fixed by the Secretary of State for such part.
3
No part of the railway shall be used for the conveyance of passengers without the prior written permission of the Secretary of State and the operators shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of the public using the railway.
4
If the operators contravene any of the provisions of this article, they shall be liable on summary conviction to a fine not exceeding £100.
Public Liability insurance
11
1
In this article —
“insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982 or the corresponding provisions for the time being in force in Northern Ireland to carry on in Great Britain or in Northern Ireland insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Economic Community;
“policy” means a public liability policy with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the railway of not less than £1 million.
2
a
The operators shall not work the railway unless there is in force a policy in accordance with the provisions of this article.
b
If the operators contravene the provisions of this article they shall be liable on summary conviction to a fine not exceeding £2,000 or, on conviction on indictment, to a fine.
3
The adequacy of the cover provided by a policy maintained in accordance with this article shall be regularly reviewed by the operators.
For protection of Trustees of Chatsworth Settlement
12
For the protection of the Trustees of the Chatsworth Settlement or other owner for the time being (“the owner”) of any lands adjoining the railway (“the estate”) which, at the date of the coming into force of this Order, are vested in the said Trustees the following provisions shall, unless agreed in writing between the operators and the owner, apply and have effect —
1
The operators shall erect and maintain to the reasonable satisfaction of the owner sufficient stockproof fences or other adequate barriers along the boundary between the estate and the lands held by the operators for the purpose of the railway;
2
The operators shall maintain the slopes of all embankments and cuttings on the railway where the same adjoins the estate and shall keep the same neatly trimmed and soiled or covered with sods of turf in every case to the reasonable satisfaction of the owner;
3
The operators shall maintain to the reasonable satisfaction of the owner all arches, tunnels, culverts, drains or other passages for water over, under or by the sides of the railway which are in existence at the date of the coming into force of this Order except so far as the same are the responsibility of any other authority, body or person;
4
Any obligation imposed on the operators by this article shall be in addition to and not in substitution for any obligations imposed on them by the Railways Clauses Consolidation Act 1845 or any other enactment;
5
Any dispute or difference between the operators and the owner under this article (other than a difference as to the construction of this article) shall be determined by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.
Costs of Order
13
All costs, charges and expenses of, and incidental to, the preparing for, obtaining and making of this Order, or otherwise in relation thereto, shall be paid by the Railway Company and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State.
J. R. Coates
An Under Secretary in the
Department of Transport
23rd June 1987


text:
Title, extent, commencement and interpretation
1
1
These Regulations may be cited as the Welfare of Battery Hens Regulations 1987, shall apply to Great Britain and shall come into force on 1st January 1988.
2
In these Regulations —
“battery cage” means an enclosed space intended for laying hens in a battery system;
“battery system” means an arrangement of cages in rows or tiers or rows and tiers;
“laying hens” means adult female domestic fowls (Gallus gallus) which are kept on agricultural land for egg production.
Requirements as to battery cages
2
1
Subject to paragraph (2) below, no person shall keep or knowingly cause or permit to be kept any laying hens in a battery cage unless the following requirements and the further requirements laid down in the Schedule to these Regulations are complied with —
a
the minimum cage area, measured in a horizontal plane, for each laying hen shall be —
i
1000 cm2 where one hen is kept in the cage, (ii) 750 cm2 where two hens are kept in the cage, (iii) 550 cm2 where three hens are kept in the cage, and (iv) 450 cm2 where four or more hens are kept in the cage;
b
the minimum cage area for each laying hen shall be capable of being used without restriction and may include the area where the non-waste deflection plate (otherwise known as the egg guard) is placed so long as that area is capable of being so used;
c
a feed trough of a minimum length of 10 cm multiplied by the number of hens in the cage and capable of being used without restriction shall be provided;
d
except where nipple drinkers and drinking cups are provided, the cage shall have a continuous drinking channel which shall be —
i
of the same length as the feed trough mentioned in paragraph (c) above, and (ii) capable of being used without restriction;
e
where drinking points are plumbed in, there shall be a minimum of two nipple drinkers or two drinking cups within reach of the cage;
f
the height of the cage, measured vertically from its floor to the nearest point in its roof, shall be not less than 40 cm over 65% of the minimum cage area and not less than 35 cm at any point over that area;
g
the floor of the cage shall be constructed so as to support adequately each of the forward facing claws of each foot;
h
the slope of the floor shall not exceed 14% or 8 degrees, when made of rectangular wire mesh, and 21.3% or 12 degrees for other types of floor.
2
Until 1st January 1995, the requirements laid down in sub-paragraphs (a) to (h) above shall not apply to battery cages which were built and put into use before, and are not reconstructed after, the coming into force of these Regulations.
Offences
3
A person who contravenes or fails to comply with any provisions of these Regulations shall be guilty of an offence under section 2 of the Agriculture (Miscellaneous Provisions) Act 1968.
Disapplication of intensive units regulations
4
The Welfare of Livestock (Intensive Units) Regulations 1978 shall cease to apply to laying hens kept in battery cages.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd November 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
22nd November 1987
Peter Walker
Secretary of State for Wales
23rd November 1987


text:
Citation
1
These Regulations may be cited as the Police Cadets (Injury Benefit) Regulations 1987.
Commencement
2
These Regulations shall come into force on 17th March 1987 and shall have effect as from 25th November 1982.
Interpretation
3
1
Subject to the following provisions of these Regulations, these Regulations shall be construed as one with the Police Cadets (Pensions) Regulations 1973 (hereinafter referred to as “the principal Regulations”).
2
Notwithstanding Regulation 3(4) of the principal Regulations, in these Regulations “totally disabled” means incapable by reason of the disablement in question of earning any money in any employment and “total disablement” shall be construed accordingly.
3
In the case of a person who is totally disabled, Regulation 13(1) of the Police Pensions Regulations 1973 , as applied by Regulation 3(2) of the principal Regulations, shall have effect, for the purposes of these Regulations, as if the reference to “that disablement being likely to be permanent” were a reference to the total disablement of that person being likely to be permanent.
Injury benefit
4
1
The Police (Injury Benefit) Regulations 1987 shall apply, subject to the necessary modifications, in relation to —
a
A person who —
i
receives or received an injury without his own default in the execution of his duty, whether before, on or after 25th November 1982; and
ii
on or after that date ceases or has ceased to serve as a police cadet; and
iii
on or after that date and within 12 months of so receiving that injury, becomes or became totally and permanently disabled as a result thereof; and
b
a police cadet who —
i
receives or received an injury without his own default in the execution of his duty, whether before, on or after 25th November 1982; and
ii
was serving as a police cadet on or after that date; and
iii
within 12 months of so receiving that injury, dies or has died as a result thereof,
as they apply in the case of a person such as is mentioned in Regulation 4(1) or, as the case may be, Regulation 5(1) of those Regulations, and as if references in those Regulations to any of the provisions of the Police Pensions Regulations 1973 included references to those provisions as applied in relation to police cadets by the principal Regulations.
2
These Regulations shall have effect in relation to a police cadet notwithstanding Regulation 4(3) of the principal Regulations; and accordingly there shall be inserted therein after the words “any enactment” the words “other than the Police Cadets (Injury Benefit) Regulations 1987”.
Douglas Hurd
One of Her Majesty`s Principal Secretaries of State
Home Office
6th February 1987


text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Additional Voluntary Contributions) Regulations 1987 and shall come into force on 26th October 1987.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“the Board” means the Commissioners of Inland Revenue;
“scheme administrator” means the administrator of a scheme;
“scheme member” means a member of a scheme;
“section” means a section of the Finance Act 1970;
“tax month” means a period beginning on the 6th day of any month and ending on the 5th day of the following month;
“the Schedule” means Part II of Schedule 5 to the Finance Act 1970;
“year of assessment” means a year beginning with 6th April in any year and ending with 5th April in the following year.
2
The Table below indexes other definitions in these Regulations —
Term defined Regulation
annual claim 6 interim claim 6 scheme 4
Prescribed cases and conditions: introductory
3
Regulations 4 and 5 respectively prescribe the cases in which, and the conditions subject to which, relief under section 21(4) shall be given in accordance with sub-paragraphs (2) and (3) of paragraph 6A of the Schedule.
Prescribed cases
4
The prescribed cases are cases where a retirement benefits scheme (“scheme”) is —
a
one to which the employer of a scheme member is not a contributor and which provides benefits in addition to those provided by a scheme to which he is a contributor; and
b
an “exempt approved scheme” within the meaning of section 21(1).
Prescribed conditions
5
1
The prescribed conditions are that a scheme member shall —
a
at or before the time at which he first pays a contribution from which he deducts an amount equal to income tax at the basic rate on the contribution; and
b
without prejudice to the condition in sub-paragraph (a), within 30 days of being so required to do by notice in writing given by the scheme administrator;
furnish to the scheme administrator in writing the particulars specified in paragraph (2).
2
The particulars specified in this paragraph are —
a
his full name and address;
b
his national insurance number and tax office reference;
c
an estimate of his remuneration for the year of assessment;
d
the full name and address of his employer who makes contributions to a retirement benefits scheme approved under section 20 ;
e
the full name and address of the scheme administrator of any retirement benefits scheme referred to in sub-paragraph (d) and the full name or title of any such scheme.
Claims: introductory
6
1
Amounts recoverable by a scheme administrator under paragraph 6A(3)(b) of the Schedule shall be recovered on a claim made to the Board for the purpose of these Regulations.
2
Subject to paragraph (3), a claim shall be for a year of assessment (“annual claim”).
3
A claim may also be made in accordance with regulation 7 for a tax month (“interim claim”).
4
Notwithstanding the provisions of any other enactment, the Board shall not be under an obligation to make any payment under regulation 7 or 8 earlier than the end of the month following the month in which the claim is received.
Interim claims
7
1
Subject to paragraph (3), an interim claim for a tax month may be made by a scheme administrator within 6 months after the end of the tax month for which it is made.
2
A claim under this regulation may not be based on an estimate but may only be made to recover an amount deducted in respect of contributions paid in the tax month.
3
An interim claim may not be made for the tax month ending 5th October or any subsequent month until the annual claim for the preceding year of assessment has been made by the scheme administrator and received by the Board.
4
If the amount claimed is established to the Board’s satisfaction they shall pay the amount to the claimant; if they are not so satisfied they shall pay to the claimant any lesser amount established to their satisfaction.
5
Where a scheme administrator discovers that an amount paid to him under paragraph (4) was excessive he shall bring into account in the interim claim made by him next after the discovery (in this regulation referred to as “the subsequent claim”) the amount of the excess; and if that amount exceeds the amount deducted in respect of the tax month for which the subsequent claim is made —
a
the scheme administrator shall repay the amount of the excess to the Board with the claim; and
b
if he fails so to do that amount shall immediately be recoverable by the Board in the same manner as tax charged by an assessment on the scheme administrator which has become final and conclusive.
Annual claims
8
1
An annual claim for a year of assessment may, subject to paragraph (2), be made at any time within 6 years after the end of the year of assessment.
2
Where in relation to any year of assessment a scheme administrator has received and not repaid in full any amount on an interim claim he shall within 6 months after the end of the year of assessment make an annual claim.
3
A claim under this regulation —
a
may not be based on an estimate but may only be made to recover an amount deducted in respect of contributions paid in the year of assessment, and
b
shall bring into account payments made in respect of the year of assessment; and for the purpose of this regulation “aggregate interim payments” means the aggregate of payments made (and not repaid) on interim claims.
4
Where the aggregate interim payments shown by an annual claim exceeds the amount deducted for the year of assessment —
a
the scheme administrator shall repay the amount of the excess to the Board with the claim; and
b
if he fails so to do, that amount shall immediately be recoverable by the Board in the same manner as tax charged by an assessment on the scheme administrator which has become final and conclusive.
5
If a scheme administrator fails to make an annual claim under paragraph (2) within the time limited by that paragraph, the Board may issue a notice to the scheme administrator showing the aggregate interim payments for the year, and stating that the Board are not satisfied that the amount due to the scheme administrator for the year of assessment exceeds the lower amount stated in the notice.
6
If an annual claim is not delivered to the Board within 14 days after the issue of a notice under paragraph (5), the amount of the difference between the aggregate amount and the amount stated in the notice shall immediately be recoverable by the Board in the same manner as tax charged by an assessment on the scheme administrator which has become final and conclusive.
7
Where an annual claim has been made and the scheme administrator subsequently discovers that an error or mistake has been made in the claim the scheme administrator may make a supplementary claim within the time limited by paragraph (1).
Claims: supplementary provisions
9
1
Section 42 of the Taxes Management Act 1970 (procedure for making claims) shall not apply to a claim under these Regulations.
2
No appeal shall lie from the Board’s decision on an interim claim.
3
An appeal shall be to the Special Commissioners from the Board’s decision on an annual claim, and the appeal shall be brought by giving written notice to the Board within 30 days of receipt of written notice of the decision.
4
No payment made or other thing done on or in relation to an interim claim shall prejudice the decision on an annual claim.
5
Part V of the Taxes Management 1970 (appeals and other proceedings) shall apply to an appeal under paragraph (3), and on an appeal the Special Commissioners may vary the decision appealed against whether or not the variation is to the advantage of the appellant.
6
All such assessments, payments and repayments shall be made as are necessary to give effect to the Board’s decision on an annual claim, or to any variation of that decision on appeal.
7
Claims under these Regulations —
a
shall contain such information and be in such form as the Board may prescribe (and forms prescribed for annual claims may require a report to be given by the scheme administrator’s auditor);
b
shall contain declarations to the effect that —
i
sufficient records in respect of the scheme are maintained so as to enable the requirements of these Regulations to be satisfied, and
ii
the information contained in the claim (including the declaration referred to in paragraph (i)) is correct; and
c
shall be signed by the scheme administrator or by an authorised representative in the service of the scheme administrator.
Recovery on withdrawal of approval of schemes
10
Where a scheme administrator furnishes to the Board information in accordance with regulation 12(2) he shall at the time that he furnishes the information —
a
pay to the Board the amount (if any) referred to in regulation 12(3)(d); and
b
if he fails so to do, that amount shall immediately be recoverable by the Board in the same manner as tax charged by an assessment on the scheme administrator which has become final and conclusive.
Recovery of amounts by assessment
11
1
Section 30 of the Taxes Management Act 1970 (recovery of overpayment of tax, etc ) shall apply in relation to the payment by the Board of an amount —
a
paid under these Regulations to which a scheme administrator was not entitled, or
b
recoverable from a scheme administrator under regulation 7(5), regulation 8(4) or (6) or regulation 10,
as if it had been income tax repaid to the scheme administrator to which he was not entitled.
2
An assessment made by virtue of this regulation shall be made by the Board and, subject to the provisions of these Regulations, the Taxes Management Act 1970 shall apply as if the assessment were an assessment to tax for the year of assessment in respect of which the amount was paid or is recoverable.
Information
12
1
The Board may by notice in writing require any person who is, or who at any time has been, —
a
a scheme administrator to whom contributions have been paid under paragraph 6A(2) and (3) of the Schedule, or
b
a scheme member who has paid such contributions,
to furnish to them within such time (not being less than 14 days) as may be provided in the notice such information and in such form as may be prescribed in the notice.
2
If the Board by notice under section 19(3) withdraw their approval of a scheme in relation to which contributions have been paid under paragraph 6A(2) and (3) of the Schedule, the scheme administrator shall within 30 days furnish to the Board in relation to that scheme the information prescribed in paragraph (3).
3
The information prescribed in this paragraph is —
a
the full name, address, national insurance number and tax office reference of each scheme member who has paid contributions after the date specified in the notice (in this regulation referred to as “the relevant contributions”);
b
the amount of the relief obtained under section 21(4) by means of the relevant contributions;
c
the amount of such relief actually due; and
d
the difference between the relief referred to in sub-paragraph (b) and that referred to in sub-paragraph (c).
4
If a scheme member who has paid contributions under paragraph 6A(2) and (3) of the Schedule fails to comply with the requirements of regulation 5(1)(b), the scheme administrator to whom such contributions have been made shall within 30 days furnish to the Board the information prescribed in paragraph (5).
5
The information prescribed in this paragraph is —
a
the full name, address, national insurance number and tax office reference of the scheme member;
b
the amount of relief obtained by him under section 21(4) by means of such contributions;
c
the amount of such relief actually due; and
d
the difference between the relief referred to in sub-paragraph (b) and that referred to in sub-paragraph (c).
Inspection of records
13
1
Every scheme administrator to whom contributions have been paid under paragraph 6A(2) and (3) of the Schedule shall, whenever required so to do, make available for inspection by a person authorised by the Board for that purpose all books, documents and other records (including all particulars furnished under regulation 5) in his possession or under his control relating to —
a
such contributions paid to him,
b
the scheme to which the contributions relate, and
c
the scheme member who paid the contributions.
2
Where records are maintained by computer the scheme administrator shall provide the person making the inspection with all facilities necessary to obtain information from them.
3
Subject to paragraph (4) all books, documents and records referred to in paragraph (1), shall be preserved by the scheme administrator in such manner as may be approved by the Board so as to be available for inspection under this regulation for a period of three years following the termination of the scheme to which they relate.
4
All particulars furnished under regulation 5 shall be so preserved for a period of three years following the date on which the scheme member to whom they relate ceased to be a member of a scheme.
A. J. G. Isaac
B. Pollard
Two of the Commissioners of Inland Revenue
5th October 1987


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 9) Order 1987 and shall come into force on 10th March 1987.
2
The Export of Goods (Control) Order 1985 shall be further amended as follows:
a
in Group 3E of Part II of Schedule 1 —
i
in entry IL1416 (Ships, surface-effect vehicles, water-screw propellers, and specially designed components), for head (5B) there shall be substituted the following:
5B
Ships having special structural features for landing personnel and/or vehicles on a beach I
ii
in the same entry, after head (5C), there shall be inserted the following additional heads:
5D
Ships capable of supporting helicopter operations and maintenance I
5E
Ships capable of submerging I
5F
Ships not elsewhere specified in this Part of this Schedule of below 100 tons GRT, including inflatable craft in an inflated or uninflated state, except lightvessels, fire floats and dredgers I
;
iii
in head (6) of the same entry, for “(1) to (5C)”, there shall be substituted “(1) to (5F)”;
b
in Group 3I of Part II of Schedule 1, in the entry Chemicals —
i
after head (7), there shall be inserted the following additional head:
7A
Phosphorus trichloride A
;
ii
after head (9), there shall be inserted the following additional head:
10
Trimethylphosphite A
.
E. W. Beston
An Assistant Secretary,
Department of Trade and Industry
16th February 1987


text:
Citation and commencement
1
These Regulations may be cited as the Personal Pension Schemes (Deferment of Commencement) Regulations 1987 and shall come into force on 15th December 1987.
Revocation
2
The Personal Pension Schemes (Appropriate Schemes) Regulations 1987 are hereby revoked.
Amendment of the Pension Schemes (Voluntary Contributions Requirements and Voluntary and Compulsory Membership) Regulations 1987
3
Regulation 2(2) of the Pension Schemes (Voluntary Contributions Requirements and Voluntary and Compulsory Membership) Regulations 1987 shall be amended by substituting for the date “4th January 1988” the date “1st July 1988”.
Amendment of the Personal and Occupational Pension Schemes (Incentive Payments) Regulations 1987
4
Sub-paragraphs (2)(b) and (3)(b) of regulation 2 of the Personal and Occupational Pension Schemes (Incentive Payments) Regulations 1987 shall be amended in each case by substituting for the date “3rd January 1988” the date “5th April 1988”.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
12th November 1987


text:
1
This Order may be cited as the Assured Tenancies (Approved Bodies) (No. 4) Order 1987 and shall come into force on 1st October 1987.
2
The bodies named in the Schedule to this Order are hereby specified for the purposes of Part II of the Housing Act 1980.


text:
Title and commencement
1
This Order may be cited as the Hamilton and East Kilbride Districts (Spectacle E'e Falls, Sandford) Boundaries Amendment Order 1987, and shall come into force on 1st April 1987.
Interpretation
2
In the Schedule to this Order any reference to a boundary of a district is a reference to a boundary existing immediately before the commencement of this Order.
Application of regulations
3
The Local Government Area Changes (Scotland) Regulations 1977 shall apply for the purpose of this Order to such extent as may be required to implement the area changes effected by article 4 of this Order.
Area change
4
Part of Hamilton District containing Spectacle E'e Falls at Sandford, being the area described in the Schedule to this Order and shown delineated and hatched on the map annexed and signed as relative to this Order, shall be transferred to East Kilbride District.
Consequential changes of electoral arrangements
5
The area described in the Schedule to this Order (being the area transferred by article 4 of this Order) -
a
shall cease to form part of Electoral Division 65 (Larkhall and Stonehouse) of Strathclyde Region and of District Ward 15 (Stonehouse) of Hamilton District ; and
b
shall form part of Electoral Division 69 (Murray/Avondale) of Strathclyde Region and of District Ward 14 (Avondale South) of East Kilbride District .
Michael Ancram
Parliamentary Under Secretary of State,Scottish Office
New St. Andrew’s House,
Edinburgh
27th February 1987


text:
Citation and commencement
1
This Order may be cited as the Town and Country Planning (Use Classes) Order 1987 and shall come into force on 1st June 1987.
Interpretation
2
In this Order, unless the context otherwise requires: —
“care” means personal care for people in need of such care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder, and in class C2 also includes the personal care of children and medical care and treatment;
“day centre” means premises which are visited during the day for social or recreational purposes or for the purposes of rehabilitation or occupational training, at which care is also provided;
“hazardous substance” and “notifiable quantity” have the meanings assigned to those terms by the Notification of Installations Handling Hazardous Substances Regulations 1982 (b);
“industrial process” means a process for or incidental to any of the following purposes: —
the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);
the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or
the getting, dressing or treatment of minerals;
in the course of any trade or business other than agriculture, and other than a use carried out in or adjacent to a mine or quarry;
“Schedule” means the Schedule to this Order;
“site” means the whole area of land within a single unit of occupation.
Use Classes
3
1
Subject to the provisions of this Order, where a building or other land is used for a purpose of any class specified in the Schedule, the use of that building or that other land for any other purpose of the same class shall not be taken to involve development of the land.
2
References in paragraph (1) to a building include references to land occupied with the building and used for the same purposes.
3
A use which is included in and ordinarily incidental to any use in a class specified in the Schedule is not excluded from the use to which it is incidental merely because it is specified in the Schedule as a separate use.
4
Where land on a single site or on adjacent sites used as parts of a single undertaking is used for purposes consisting of or including purposes falling within any two or more of classes B1 to B7 in the Schedule, those classes may be treated as a single class in considering the use of that land for the purposes of this Order, so long as the area used for a purpose falling either within class B2 or within classes B3 to B7 is not substantially increased as a result.
5
No class specified in the Schedule includes any use for a purpose which involves the manufacture, processing, keeping or use of a hazardous substance in such circumstances as will result in the presence at one time of a notifiable quantity of that substance in, on, over or under that building or land or any site of which that building or land forms part.
6
No class specified in the Schedule includes use —
a
as a theatre,
b
as an amusement arcade or centre, or a funfair,
c
for the washing or cleaning of clothes or fabrics in coin-operated machines or on premises at which the goods to be cleaned are received direct from the visiting public,
d
for the sale of fuel for motor vehicles,
e
for the sale or display for sale of motor vehicles,
f
for a taxi business or business for the hire of motor vehicles,
g
as a scrapyard, or a yard for the storage or distribution of minerals or the breaking of motor vehicles.
Change of use of part of building or land
4
In the case of a building used for a purpose within class C3 (dwellinghouses) in the Schedule, the use as a separate dwellinghouse of any part of the building or of any land occupied with and used for the same purposes as the building is not, by virtue of this Order, to be taken as not amounting to development.
Revocation
5
The Town and Country Planning (Use Classes) Order 1972 (a) and the Town and Country Planning (Use Classes) (Amendment) Order 1983 (b) are hereby revoked.


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the 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 purposes 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 HA10/2E/230 marked “The Leicester-Great Yarmouth Trunk Road (A47) (Guyhirn Diversion) 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 road” means the highway mentioned in article 1 of this Order;
iii
“the Trunk Road” means the Leicester-Great Yarmouth Trunk Road (A47).
5
This Order shall come into force on 11th December 1987 and may be cited as the Leicester-Great Yarmouth Trunk Road (A47) (Guyhirn Diversion) Order 1987.
Signed by the authority of the Secretary of State
G. D. Crane
Regional Director Eastern Region
Department of Transport
23rd November 1987