text:
Citation and commencement
1
This Order may be cited as the Swanage Light Railway Order 1987 and shall come into force on 7th August 1987.
Interpretation
2
In this Order, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them, that is to say: —
“ the Board ” means the British Railway Board;
“the Board’s railway” means so much of the former railway of the Board in the District of Purbeck in the County of Dorset described in and authorised by the enabling Act and works relating thereto as lies between the former railway station in Swanage at a point immediately to the west of Rempstone Road and Harman’s Cross in the Parish of Worth Matravers at a point two hundred and fifty metres to the west of the place at which Haycraft’s Lane crosses the former railway line and includes all lands formerly held by the Board relating to the said railway and lying between those points;
“ the Company ” means the Swanage Railway Company Limited incorporated under the Companies Act 1948 and having its registered office at The Station House, Swanage, Dorset BH19 1HB;
“the Company’s railway” means the railway authorized to be constructed, made and maintained by the Company pursuant to article 5 of this Order;
“the County Council ” means the Dorset County Council;
“the County Council’s land” means such of the site of the Board’s railway as is vested in the County Council;
“the enabling Act” means the Swanage Railway Act 1881 ;
“the deposited plans” and “the deposited sections” means respectively the plans and sections deposited in respect of the application for this Order with the Department of Transport;
“the principal Act ” means the Light Railway Acts 1896 and 1912, as amended by the Railways Act 1921.
Incorporation of Acts
3
1
Subject to the provisions of this Order the Railways Clauses Consolidation Act 1845 (except sections 8, 11 to 15, 17, 46 to 48 and 59 to 62) is hereby incorporated with this Order.
2
In the construction of the provisions of the Railways Clauses Consolidation Act 1845 as incorporated with this Order: —
a
sections 7, 9 10 and 162 shall be read, construed and have effect as if the “proper officer of the County Council of Dorset” had been referred to therein instead of the “Clerk of the Peace”;
b
sections 78 and 85 shall have effect as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923 .
3
Subject to the provisions of this Order such of the enactments set out in the Second Schedule to the Light Railways Act 1896 as are still in force except section 22 of the Regulation of Railways Act 1868 (means of communication between passengers and the Company’s servants to be provided) and sections 1 (power to order certain provisions to be made concerning public safety) and 5 (penalty for avoiding payment of fare) of the Regulation of Railways Act 1889 shall not apply to the Company’s railway.
4
In its application to the Company’s railway the said section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than 20 miles without stopping” were omitted therefrom.
Leasing of the County Council’s land to the Company
4
1
The County Council may lease to the Company such parts of the County Council’s land on such terms and conditions as may be agreed between the County Council and the Company in order to enable the Company to construct, make and maintain the railway authorised to be constructed, made and maintained pursuant to article 5 of this Order.
2
During the continuance of the lease the Company shall to the exclusion of the County Council be entitled to the benefit of, and to exercise all the rights, powers and privileges and be subject to all the obligations of the County Council whether statutory or otherwise for the time being in force in respect of such parts of the County Council’s land as are comprised in the lease.
Power for the Company to make railway
5
1
Subject to the provisions of this Order the Company may construct, make and maintain the railway hereinafter described in the lines and according to the levels and within the limits of deviation shown on the deposited plans and the deposited sections and with all proper rails, plates, sidings, junctions, bridges, culverts, drains, approaches, roads, yards, buildings and other works and conveniences connected therewith;
2
The said railway is: —
a railway 3 miles or thereabouts in length commencing in Swanage at the former Swanage Railway Station at a point immediately to the west of Rempstone Road and terminating at Harman’s Cross at a point two hundred and fifty metres to the west of the place at which Haycraft’s Lane crosses the former railway line, all in the District of Purbeck in the County of Dorset.
3
Subject to the provisions of this Order, the Company’s railway or any part thereof shall be subject to all statutory and other provisions applicable to the Board’s railway or any part thereof (insofar as the same are still subsisting and capable of taking effect) and during the continuance of any lease granted under article 4(1) of this Order, the Company 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 Board’s railway or any part thereof (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 and in the event of such lease being terminated the County Council shall be entitled to the benefit of the said rights and shall also be subject to the said obligations.
Power to work the Company’s railway as a light railway
6
Subject to the provisions of this Order the Company’s railway may be worked as a light railway under the principal Act.
Gauge of railway and motive power
7
The Company’s railway shall be constructed on a nominal gauge of 1,435 millimetres and the motive power on the railway shall be diesel, steam, internal combustion or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Company to use electrical power as motive power on the Company’s 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 Company’s 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 of the Telecommunications Act 1984 or with telecommunication by means of any such apparatus.
Provision as to bridges
8
Without prejudice to the generality of the foregoing, during the continuance of any lease granted under article 4(1) of this Order, sections 116, 117 and 118 of the Transport Act 1968 shall apply to the Company’s railway as if reference therein to the Board were references to the Company and during such time as there is no lease continuing the said sections shall apply as if references therein to the Board were references to the County Council.
Restriction of weight on rails and of speed and as to conveyance of passengers
9
1
The Company shall not use upon the Company’s railway any engine, carriage or truck bringing any weight upon the railway by any one pair of wheels exceeding such weight as the Secretary of State may allow.
2
The Company shall not run any train or engine upon any part of the Company’s 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 Company’s railway shall be used for the conveyance of passengers without the permission in writing of the Secretary of State first being obtained and the Company shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of passengers conveyed or to be conveyed on the Company’s railway.
4
If the Company act in contravention of any of the provisions of this article they shall for each offence be liable on summary conviction to a fine not exceeding one hundred pounds.
Public Liability Insurance
10
1
a
In this article: —
“approved” means approved by the County Council.
“insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982 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.
b
The Company shall at all times during the continuance of any lease or leases granted under article 4(1) hereof maintain an approved public liability policy in the joint names of the Company and the County Council with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the Company’s railway of not less than £1 million and in default thereof the County Council may (without prejudice to any other powers granted under this Order) effect and maintain such a policy in respect of the Company’s railway and pay the premiums payable in respect thereof so that the premiums so paid and all incidental expenses shall be repaid by the Company to the County Council.
c
The Company shall at the request of the County Council produce to that Council such evidence as may be requisite for the purpose of proving compliance with the foregoing provisions in this paragraph.
d
The Company shall not work the Company’s railway unless there is in force such a public liability policy as is hereinbefore referred to.
e
If the Company shall fail to comply with the provisions of sub-paragraphs (b) or (d) of this paragraph they shall be liable on summary conviction to a fine not exceeding £2,000 and on conviction on indictments to a fine.
2
Notwithstanding and without prejudice to the provisions of the foregoing paragraph of this article the County Council may effect and maintain public liability policies in its own name with an insurer providing such cover for such period or periods and generally in such manner as the Council may from time to time determine.
3
The adequacy of the cover provided by a public liability policy maintained in accordance with paragraph 1 of this article shall be regularly reviewed by the Company.
For protection of Southern Electricity Board
11
The following provisions shall have effect unless otherwise agreed in writing between the Company and the electricity board.
1
In this Article “the electricity board” means the Southern Electricity Board and “apparatus” means any electric line or works (as respectively defined in the Electric Lighting Act 1882 ) belonging to the electricity board.
2
Nothing in the Order shall prejudice or affect the rights of the electricity board in respect of any apparatus situated in, under, across or upon the land to which the Order relates.
3
Before commencing to execute any works authorised by the Order under or over, or which will or may affect, any apparatus the Company shall give to the electricity board not less than twenty-eight days notice in writing accompanied by a plan and section of the proposed work and such work shall be executed only in accordance with the plan submitted and in accordance with such reasonable requirements as may be made by the electricity board for the protection of the apparatus, or for securing access thereto, or if by reason of any works proposed by the Company it is in the opinion of the electricity board reasonably necessary to raise, lower or otherwise alter the position of any apparatus, the expenses reasonably incurred by the electricity board in, or in connection with, such raising, lowering or alteration shall be paid to them by the Company.
4
If by reason or in consequence of the execution or user of any of the works authorised by the Order any damage to any apparatus or any interruption in the supply of electricity by the electricity board shall be caused, the Company responsible for the execution or user causing such damage or interruption shall bear and pay the cost reasonably incurred by the electricity board in making good such damage, or in restoring the supply of electricity and shall make reasonable compensation to the electricity board for any loss sustained by them and indemnify the Board from and against all claims in respect of any such damage or interruption.
For protection of public gas suppliers
12
Nothing in the Order shall prejudice or affect the rights of any public gas supplier, within the meaning of Part 1 of the Gas Act 1986 , in any apparatus belonging to them, or for the maintenance of which they are responsible or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which the Company’s railway may be constructed.
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 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
6th August 1987.


type: legislation

jurisdiction: UK

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 line of the new trunk road is indicated by saw tooth hatching 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 that route is opened for the purposes of through traffic.
4
The length of the existing 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 Suffolk that the new trunk road is open for through traffic.
5
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 HA10/2E/241 marked “The London — Great Yarmouth Trunk Road A12 (Saxmundham Bypass, Suffolk) Order 1987” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY;
iii
“the new trunk road” means the highway mentioned in article 1 of this Order;
iv
“the existing trunk road” means The London — Great Yarmouth Trunk Road A12.
6
This order shall come into force on 15th June 1987 and may be cited as the London — Great Yarmouth Trunk Road A12 (Saxmundham Bypass, Suffolk) Order 1987.
Signed by authority of the Secretary of State
G.D. Crane
Regional Director, Eastern Region,
Department of Transport
27th May 1987


text:
1
The County Council of West Midlands (M6 Motorway Junction 10) (Connecting Road) Scheme 1985 is hereby confirmed with modification.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto. Copies of the Scheme with its accompanying plan are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1 3PY, and at the offices of the Metropolitan Borough Council of Wolverhampton, Civic Centre, Wolverhampton; Walsall Metropolitan Borough Council, Civic Centre, Walsall and at the Department of Transport, West Midlands Regional Office, Five Ways Tower, Frederick Road, Edgbaston, Birmingham B15 1SJ.
3
The Scheme will come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the County Council of West Midlands (M6 Motorway Junction 10) (Connecting Road) Scheme 1985 Confirmation Instrument 1987.
Signed by authority of the Secretary of State
Hugh Ellis-Rees
Regional Director West Midlands Region
Department of Transport
18th February 1987


text:
Citation, commencement and interpretation
1
1
This Order, which may be cited as the Housing Benefit (Implementation Subsidy) Order 1987, shall come into force on 7th December 1987.
2
In this Order —
“ the Act ” means the Social Security Act 1986;
“administration costs” means the costs incurred by an authority in running the housing benefit scheme under Part II of the Social Security and Housing Benefits Act 1982 , including the costs of staff, staff training, office services, computer software, stationery and publicity materials but excluding the cost of benefit;
“authority” means a rating authority, housing authority or local authority within the meaning of sections 30(1) and 84(1) of the Act;
“estimate” means an estimate submitted to the Secretary of State by an authority on or before 27th April 1987 in the case of an estimate of implementation costs and on or before 31st December 1986 in the case of any other estimate;
“implementation costs” means the costs incurred in the 12 months ending with 31st March 1988 by an authority in implementing the housing benefit scheme under Part II of the Act, including the costs of staff, staff training, office services, computer software, stationery and publicity materials but excluding the cost of benefit;
“proportionate assessment” means an amount calculated under paragraph 2 of the Schedule to this Order;
“relevant financial year” means the 12 months ending with 31st March 1987;
“subsidy” means the subsidy payable by the Secretary of State to an authority for the financial year 1987 — 88 under section 30(4) of the Act in connection with the costs incurred by the authority in implementing the housing benefit scheme.
Calculation of subsidy
2
The Schedule to this Order shall have effect for specifying the manner in which, subject to section 30(9) of the Act, the subsidy payable to an authority is to be calculated.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
29th October 1987
We consent,
Mark Lennox-Boyd
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
6th November 1987


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment Regulations 1987 and shall come into force on 4th March 1987.
Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
2
After sub-paragraph (m) of paragraph (1) of regulation 7 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 there shall be inserted the following sub-paragraph —
n
a day shall not be treated as a day of unemployment in relation to any person if it falls in a week during any part of which that person is employed in employment under arrangements made by the Secretary of State under section 5 of the Employment and Training Act 1973 ; but this sub-paragraph does not apply to any day before the first day of employment in the first week in which he is employed under such arrangements or after the last day of employment in the last week in which he is so employed.
.
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
3rd March 1987


text:
1
This Order may be cited as the Combined Probation Areas (Lancashire) Order 1987 and shall come into force on 1st January 1988.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Lancashire Probation Committee shall be amended by omitting the entries in respect of the petty sessions areas of Accrington and Church and by inserting in alphabetical order in column 1 “Hyndburn” and corresponding to this in column 3 “3”.
3
The three justices appointed to be members of the Lancashire Probation Committee by the justices for the petty sessional divisions of Accrington and Church before those divisions were combined to form a new division known as the Hyndburn division shall continue to hold office as members of that Committee, as if they had been appointed by the justices for that new division, until 30th November 1989 and shall then cease to hold office but shall be eligible for re-appointment.
Home Office
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
22nd October 1987


text:
1
This Order may be cited as the Civil Aviation Act 1980 (Government Shareholding) Order 1987 and shall come into force on 1st June 1987.
2
The target investment limit in relation to shares for the time being held in British Airways Plc by the Secretary of State or his nominee shall be 2.5 per cent. of the voting rights exercisable at general meetings of the company.
Signed by authority of the Secretary of State.
Michael Spicer
Parliamentary Under Secretary of State,
Department of Transport
24th April 1987


text:
1
This Order may be cited as the Local Government Act 1986 (Commencement) Order 1987.
2
Section 5 of the Local Government Act 1986 comes into force on 1st April 1988.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
23rd November 1987


text:
1
This Order may be cited as the Import Duty Reliefs (Revocation) Order 1987 and shall come into force on 10th November 1987.
2
The Import Duty Reliefs Order 1970 is hereby revoked.
3
This Order does not restrict any relief from customs duty otherwise than in pursuance of a Community obligation.
Lord Young of Graffham
Secretary of State,
Department of Trade and Industry
12th October 1987


text:
1
This Order may be cited as the Greenwich (Prescribed Routes) (No.5) Traffic Order 1973 (Variation) Order 1987 and shall come into force on 15th May 1987.
2
The Greenwich (Prescribed Routes) (No.5) Traffic Order 1973 shall be varied and have effect as though for the words “ No. 669 Rochester Way” in article 7 of that Order there were substituted the words “No. 699 Rochester Way”.
Signed by authority of the Secretary of State
R.M.C. Edridge
An Assistant Chief Engineer in the
Department of Transport
11th May 1987


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment Regulations 1987 and shall come into force on 1st July 1987.
Amendment of the Social Security (Claims and Payments) Regulations 1979
2
Regulation 3 of the Social Security (Claims and Payments) Regulations 1979 (claims not required for entitlement to benefit in certain cases) shall be amended as follows —
a
the regulation shall be re-numbered as paragraph (1) of regulation 3;
b
the following paragraphs shall be inserted after that paragraph —
2
Where invalidity benefit or severe disablement allowance has been claimed and an award of benefit made on that claim, then in respect of the period beginning immediately after the period of that award and ending 26 weeks after the first day of the period of that award it shall not be a condition of entitlement to invalidity benefit or, as the case may be, severe disablement allowance that a claim be made for it.
3
A person in whose case paragraph (2) of this regulation applies may be deemed to be incapable of work on any day falling within the period for which, under that paragraph, no claim for benefit is required, and an award may be made for the whole or any part of that period, subject to the condition that the beneficiary shall when required to do so prove that he in fact remains so incapable and satisfies all the other conditions of entitlement to benefit; and if he should fail to do so the award shall be reviewed and may be revised.
Signed by authority of the Secretary of State for Social Services
Nicholas Lyell
Parliamentary Under-Secretary of State,
Department of Health and Social Security
13th May 1987


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 and shall come into force on 6th April 1987.
Revocation
2
The Social Fund Maternity and Funeral Expenses (General) Regulations 1986 are hereby revoked.
Interpretation
3
1
In these Regulations unless the context otherwise requires —
“child” means a person under the age of 16;
“claimant” means a person claiming a social fund payment in respect of maternity or funeral expenses;
“confinement” means labour resulting in the issue of a living child, or labour after 28 weeks of pregnancy resulting in the issue of a child whether alive or dead;
“family” means —
a married or unmarried couple and any children who are members of the same household and for whom one of the couple is or both are responsible;
a person who is not a member of a married or unmarried couple and any children who are members of the same household and for whom that person is responsible;
persons who are members of the same household and between whom there is a polygamous relationship and any children who are also members of the same household and for whom a member of the polygamous relationship is responsible;
“family income supplement” means a supplement under section 1 of the Family Income Supplements Act 1970 ;
“funeral” means a burial or a cremation;
“funeral payment” is to be construed in accordance with regulation 7;
“housing benefit” means a rate rebate, rent rebate or rent allowance payable under a scheme made under section 28 of the Social Security and Housing Benefits Act 1982 including a scheme as modified in accordance with section 30 of that Act;
“married couple” means a man and a woman who are married to each other and are members of the same household;
“maternity payment” is to be construed in accordance with regulation 5;
“partner” means one of a married or unmarried couple or a member of a polygamous relationship;
“occupational pension scheme” has the same meaning as in the Social Security Pensions Act 1975 ;
“person affected by a trade dispute” means a person —
to whom section 8 of the Supplementary Benefits Act 1976 applies; or
to whom that section would apply if a claim to supplementary benefit were made by or in respect of him;
“responsible member” is to be construed in accordance with regulation 7(1)(b);
“single payment of supplementary benefit” means a single payment to meet an exceptional need under section 3 of the Supplementary Benefits Act 1976;
“supplementary benefit” means a pension or allowance under section 1 of the Supplementary Benefits Act 1976, or under section 4 of that Act, but only in the cases specified in regulations 11, 12, 16, 17 and 19 to 22 of the Supplementary Benefit (Urgent Cases) Regulations 1981 ;
“unmarried couple” means a man and a woman who are not married to each other but are living together as husband and wife.
2
For the purposes of these Regulations, two persons who are a married or unmarried couple shall be treated as being or, as the case may be, as having ceased to be members of the same household in the circumstances set out in regulation 2(2) and (3) of the Supplementary Benefit (Aggregation) Regulations 1981 .
3
For the purposes of these Regulations, a person shall be treated as a member of a polygamous relationship where, but for the fact that the relationship includes more than two persons, he would be one of a married or unmarried couple.
4
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
Provision against double payment
4
1
Subject to paragraph (2), no maternity payment shall be made under these Regulations if such a payment has already been made in respect of the child in question.
2
Notwithstanding that a maternity payment has been made to the natural mother of a child or to one of her family, a second such payment may, subject to the following provisions of these Regulations, be made to the adoptive parents of the child in question.
3
No funeral payment shall be made under these Regulations if such a payment has already been made in respect of the funeral expenses in question.
PART II
PAYMENTS FOR MATERNITY EXPENSES
Entitlement
5
1
Subject to regulation 6 and Parts IV and V of these Regulations, a payment to meet maternity expenses (referred to in these Regulations as a “maternity payment”) shall be made only where —
a
the claimant or the claimant’s partner is, in respect of the period during which the claim for a maternity payment is made, in receipt of either supplementary benefit or family income supplement; and
b
either —
i
the claimant or, if the claimant is a member of a family, one of the family is pregnant or has given birth to a child; or
ii
the claimant or the claimant’s partner or both of them have adopted a child not exceeding the age of twelve months at the date of the claim; and
c
the claim is made within the period specified for such a claim in regulation 7 of the Social Fund Maternity and Funeral Expenses (Claims and Payments) Regulations 1986 .
2
Subject to Part IV of these Regulations, the amount of a maternity payment shall be —
a
where the claim is made before the confinement, £80 in respect of each expected child;
b
where the claim is made after the confinement, £80 in respect of each child, including any child who is stillborn;
c
where the claim is made after a child has been adopted, £80 in respect of that child.
Persons affected by a trade dispute
6
Where the claimant or the claimant’s partner is a person affected by a trade dispute, a maternity payment shall be made only if —
a
in the case where the claimant or the claimant’s partner is in receipt of supplementary benefit, the trade dispute has, at the date of the claim for that payment, continued for not less than six weeks; or
b
in the case where the claimant or the claimant’s partner is in receipt of family income supplement, the claim in respect of which family income supplement was awarded was made before the beginning of the trade dispute.
PART III
PAYMENTS FOR FUNERAL EXPENSES
Entitlement
7
1
Subject to regulation 8 and Parts IV and V of these Regulations, a social fund payment to meet funeral expenses (referred to in these regulations as a “funeral payment”) shall be made only where —
a
the claimant or his partner is, in respect of the period during which the claim for a funeral payment is made, in receipt of supplementary benefit, family income supplement or housing benefit; and
b
the claimant or, if he is a member of a family, one of his family takes responsibility for the costs of a funeral (in these Regulations referred to as the “responsible member”); and
c
the funeral takes place in the United Kingdom; and
d
the claim is made within the period specified for such a claim in regulation 7 of the Social Fund Maternity and Funeral Expenses (Claims and Payments) Regulations 1986.
2
Subject to regulation 8 and Part IV of these Regulations, the amount of a funeral payment shall be an amount sufficient to meet any of the following essential expenses which fall to be met by the responsible member: —
a
the cost of any necessary documentation;
b
the cost of an ordinary coffin;
c
the cost of transport for the coffin and bearers and one additional car;
d
the reasonable cost of flowers from the responsible member;
e
undertaker’s fees and gratuities, chaplain's, organist’s and cemetery or crematorium fees for a simple funeral;
f
the cost of any additional expenses arising from a requirement of the religious faith of the deceased, not in excess of £75;
g
where the death occurred away from the deceased’s home, the costs of transporting the body within the United Kingdom to that home or to the undertaker’s premises or to a chapel of rest; and
h
the reasonable travelling costs of one return journey within the United Kingdom by the responsible member in connection with either the arrangement of or attendance at the funeral.
Deductions from an award of a funeral payment
8
There shall be deducted from the amount of any award which would, but for this regulation, be made under regulation 7 the following amounts: —
a
the amount of any assets of the deceased which are available to the responsible member (on application or otherwise) or any other member of his family without probate or letters of administration having been granted;
b
the amount of any lump sum due to the responsible member or any other member of his family on the death of the deceased by virtue of any insurance policy, occupational pension scheme, or burial club or any analogous arrangement;
c
the amount of any contribution which has been received by the responsible member or any other member of his family from a charity or a relative of his or of the deceased, but only to the extent that that amount or, if more than one contribution has been received, the aggregate of such amounts exceeds the cost of any funeral expenses other than those specified in regulation 7(2);
d
the amount of any funeral grant, made out of public funds, in respect of the death of a person who was entitled to a war disablement pension .
PART IV
EFFECT OF CAPITAL
Effect of capital
9
1
Where a claimant has any capital which is in excess of £500, any maternity payment or funeral payment which would, but for this regulation, be payable shall be payable only to the extent that the amount of the payment would otherwise exceed the amount by which that capital exceeds that £500.
2
In calculating the amount of the claimant’s capital for the purposes of paragraph (1) —
a
any capital possessed by any member of the claimant’s family or any other person whose resources are or would be treated as those of the claimant by virtue of the provisions of paragraph 3(2) of Schedule 1 to the Supplementary Benefits Act 1976 (aggregation of dependants' requirements and resources) shall be treated as that of the claimant;
b
any capital specified in regulation 6(1) of the Supplementary Benefit (Resources) Regulations 1981 shall be disregarded; and
c
the amount of any payment out of capital, other than capital disregarded under the preceding sub-paragraph, which has already been made towards the funeral expenses (whether the expenses are within the scope of regulation 7(2) or not) shall be added back to that capital as if the payment had not been made.
Assessment of capital
10
The amount of any capital which is taken into account for the purposes of regulation 9 shall be calculated and assessed as if it were capital to which regulation 5 of the Supplementary Benefit (Resources) Regulations 1981 applied.
PART V
TRANSITIONAL PROVISIONS
Interpretation of Parts V and VI
11
In this Part and Part VI of these Regulations —
“the Single Payments Regulations ” means the Supplementary Benefit (Single Payments) Regulations 1981 ;
“the Trade Disputes Regulations ” means the Supplementary Benefit (Trade Disputes and Recovery from Earnings) Regulations 1980 ;
“the Urgent Cases Regulations ” means the Supplementary Benefit (Urgent Cases) Regulations 1981 .
Transitional arrangements — maternity payments
12
1
Subject to paragraph (2), no maternity payment shall be made in the case where the confinement or adoption occurred before 6th April 1987.
2
Subject to paragraph (3), a maternity payment may be made, so long as the claimant satisfies the conditions of Part II of these Regulations, in respect of a confinement or adoption which occurred on or after 9th March 1987 but only if the claimant or his partner was or would have been, had a claim been made, entitled to supplementary benefit for any period including 9th March 1987 or beginning after that date which falls before the coming into operation of these Regulations.
3
No maternity payment shall be made in a case where, in respect of the same confinement or adoption, the claimant or his partner has received or is entitled to a single payment of supplementary benefit by virtue of regulation 7 of the Single Payments Regulations or an additional requirement was applicable by virtue of Regulation 7 of the Trade Disputes Regulations.
4
The amount of a maternity payment shall be reduced by the amount of an award, in respect of the same confinement, of a maternity grant under section 21 of the Social Security Act 1975 .
Transitional arrangements — funeral payments
13
1
Subject to paragraph (2) no funeral payment shall be made where the deceased died before 6th April 1987.
2
Subject to paragraph (3) a funeral payment may be made, so long as the claimant satisfies the conditions of regulation 7, where the deceased died on or after 9th March 1987 but only if the claimant or his partner was or would have been, had a claim been made, entitled to supplementary benefit for any period including 9th March 1987 or beginning after that date which falls before the coming into operation of these Regulations.
3
No funeral payment shall be made in the case where, in respect of the same funeral, the claimant or his partner has received or is entitled to a single payment of supplementary benefit by virtue of regulation 8 of the Single Payments Regulations or an additional requirement was applicable by virtue of regulation 7A of the Trade Disputes Regulations.
4
The amount of a funeral payment shall be reduced by the amount of an award, in respect of the same funeral, of a death grant under section 32 of the Social Security Act 1975 unless that grant has been spent on any item in respect of which a funeral payment would otherwise have been made.
PART VI
CONSEQUENTIAL AMENDMENTS
Amendment of the Single Payments Regulations
14
1
The Single Payments Regulations shall be amended in accordance with the following provisions of this regulation.
2
Regulations 7 and 8 shall be revoked.
3
In regulation 22(1) (travelling expenses) sub-paragraph (i) shall be deleted.
Amendment of the Trade Disputes Regulations
15
Regulations 7 and 7A of the Trade Disputes Regulations shall be revoked.
Amendment of the Urgent Cases Regulations
16
Paragraph 8 of Schedule 1 to the Urgent Cases Regulations shall be deleted.
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
19th March 1987


text:
Citation and commencement
1
This Order may be cited as the South Tynedale Railway (Light Railway) Order 1987 and shall come into force on 12th November 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 Board’s 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 Company ” means the South Tynedale Railway Preservation Society incorporated under the Companies Acts 1948 and 1981 and having its registered office at the Railway Station, Alston, Cumbria;
“ the Council ” means the Cumbria County Council;
“the lease” means any lease granted under paragraph (1) of article 6 (Leasing of railway to Company) of this Order, any extension of the same or any new lease granted under any statutory powers or provisions;
“the operators” means the Council or, during the currency of the term created by the lease, the Company;
“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 by the operators 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.
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 of the Regulation of Railways Act 1889 shall apply to the railway: —
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
Transfer of rights, etc. from Board
4
1
Except as may be otherwise provided in this Order, as from the coming into force of this Order the railway or any part thereof shall be subject to all statutory and other provisions applicable to the Board’s railway (insofar as the same are still subsisting and capable of taking effect) and the Council 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 Board’s 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.
2
Section 30 (Company to erect stations or lodges and gates at level crossings) of the Newcastle-upon-Tyne and Carlisle Branch Railway Act 1846 shall not apply to the railway.
Power to make railway
5
1
The operators may on the line of the Board’s 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.
2
The railway will be laid on the same levels as, and within the existing formation of, the Boards railway.
Leasing of railway to Company
6
1
The Council may lease to the Company the railway or any part thereof together with the rights, interests, powers, privileges and obligations vested in the Council by article 4 (Transfer of rights, etc. from Board) on such terms and conditions as may be agreed between the Council and the Company.
2
During the continuance of the lease the Company shall to the exclusion of the Council be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise as are transferred to or conferred on the Council by this Order and are for the time being in force in respect of the railway or such part thereof as is comprised in the lease.
Gauge of railway and motive power
7
The railway shall be constructed and operated on a nominal gauge of two feet (610 millimetres) 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 use of 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
8
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
9
1
In this article —
“insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982 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.
Costs of Order
10
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 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
11th November 1987


text:
Citation and commencement
1
These Rules may be cited as the Land Registration Rules 1987 and shall come into force on 1st February 1988.
New Rule 288
2
1
The following rule shall be substituted for rule 288 of the Land Registration Rules 1925 :
Inspection otherwise than under authority of proprietor
288
1
In this rule “a person interested” in relation to any land includes a tenant or a person interested in a charge or incumbrance to which the land is subject or a person interested as hereby defined in any adjoining land.
2
A person interested in any registered land may inspect and obtain office copies of the Property Register and the filed plan of the title to that land.
3
A tenant entitled to inspect the Proprietorship Register of a title under section 112C of the Act (right of residential tenant to search for landlord’s name and address) may apply on Form 108 for the name and address of the proprietor of the land registered under that title to be disclosed to him.
4
A person interested in any registered land may upon written application inspect and obtain office copies of the Proprietorship Register, the Charges Register and any document referred to in any entry in the register of the title to that land, and the statutory declaration in support of a caution affecting that land, provided the person interested is a tenant entitled to inspect the same under section 112C of the Act or the Registrar is satisfied that such inspection is reasonable and proper and that either:
a
the person interested, by reason of the death of a sole proprietor, or for any other sufficient reason, cannot obtain the requisite authority for or consent to such inspection; or
b
no objection by the proprietor to such inspection has been received following notice given to the proprietor by the Registrar in such form and of such period (being not less than 3 days) as the Registrar may direct.
2
Form 108 in the Schedule hereto shall be added at the end of the Schedule to the Land Registration Rules 1925.
Mackay of Clashfern, C.
Dated 15th December 1987


text:
Citation and commencement
1
This Order may be cited as the Teesside Development Corporation (Planning Functions) Order 1987 and shall come into force on 1st September 1987.
Interpretation
2
In this Order —
“the 1971 Act ” means the Town and Country Planning Act 1971 ;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the development area” means the area of land designated as an urban development area by the Teesside Development Corporation (Area and Constitution) Order 1987 ; and
“the development corporation” means the Teesside Development Corporation.
Planning functions of the development corporation
3
Subject to the provisions of articles 5 and 6 of this Order —
a
the development corporation shall be the local planning authority for the development area, in place of any other authority which would otherwise be the local planning authority, for all the purposes of Part III of the 1971 Act in relation to all kinds of development;
b
the development corporation shall have in the whole of the development area, and in place of any authority (except the Secretary of State) which would otherwise have them, the functions conferred by all the provisions of the 1971 Act specified in Part I of Schedule 29 to the 1980 Act.
Modifications of provisions of the 1971 Act
4
All the provisions of the 1971 Act specified in Part II of Schedule 29 to the 1980 Act shall have effect in relation to the development corporation and to the development area with all the modifications specified in that Part.
Transitional provision: planning applications
5
1
This article applies as respects any application for planning permission or for a consent, approval or determination under the 1971 Act or any order or regulation made or having effect under that Act which —
a
was duly made before this Order came into force to an authority which ceases by virtue of the preceding provisions of this Order to be the planning authority responsible for determining the application (“the previous authority”); and
b
has not been determined when this Order comes into force.
2
Except where the previous authority resolves with the agreement of the applicant to transmit the application to the development corporation for determination, that authority shall have in relation to the application the same powers and duties as it would have if this Order had not been made.
3
Where the previous authority transmits an application to the development corporation for determination, the application shall be treated as received by the corporation from the applicant on the day on which it is transmitted to the corporation.
4
Where an appeal is made to the Secretary of State under section 36 of the 1971 Act against a decision or determination made in relation to land within the development area by an authority which ceased by virtue of the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations that authority shall continue to be the local planning authority for the purposes of the appeal, but shall notify the development corporation of the appeal and transmit to the Secretary of State any representation received from the development corporation.
Transitional provision: compensation
6
1
Where a right to compensation arises under Part VIII of the 1971 Act in consequence of action taken in relation to land within the development area by an authority which ceases by virtue of this Order to be the local planning authority in relation to that matter, the liability to pay compensation shall lie with that authority.
2
Where the Secretary of State makes a determination of an appeal against action taken by such authority as is mentioned in paragraph (1), or on a reference made to him by such authority, and that determination gives rise to a right to compensation, that authority shall be liable to pay the compensation.
3
Where the Secretary of State makes an order under section 276 of the 1971 Act in respect of a matter arising before this Order comes into force, which relates to land in the development area, the authority which was the local planning authority in relation to that land when the matter arose shall remain liable to pay any compensation arising from the order.
Nicholas Ridley
Secretary of State for the Environment
29th July 1987


text:
1
1
These Regulations may be cited as the Measuring Instruments (EEC Pattern Approval Requirements) (Fees) Regulations 1987 and shall come into force on 1st June 1987.
2
The Measuring Instruments (EEC Pattern Approval Requirements) (Fees) ( No. 2) Regulations 1981 (b), the Measuring Instruments (EEC Pattern Approval Requirements) (Fees) (Amendment) Regulations 1985 (c) and the Measuring Instruments (EEC Pattern Approval Requirements) (Fees) (Amendment) Regulations 1986 (d) are hereby revoked.
2
In these Regulations —
“the principal Regulations ” means the Measuring Instruments (EEC Requirements) Regulations 1980 (e);
“the relevant Community obligations” means the Community obligations of the United Kingdom under Council Directive No. 71/316/EEC (f) (which relates to measuring instruments in general) and the following Council Directives: —
Council Directive No. Subject Matter
71/319/EEC (g) meters for liquids other than water 71/348/EEC (h) ancillary equipment for meters for liquids other than as amended (i) water 73/360/EEC (j) non-automatic weighing machines as amended (k) 73/362/EEC (a) material measures of length as amended (b) 75/33/EEC (c) cold-water meters 75/410/EEC (d) continuous totalising weighing machines 76/765/EEC (e) alcoholometers and alcohol hydrometers 77/95/EEC (f) taximeters 77/313/EEC (g) measuring systems for liquids other than water as amended (h) 78/1031/EEC (i) automatic checkweighing and weight grading machines 79/830/EEC (j) hot-water meters
3
1
The fees payable in connection with the services provided by the Department of Trade and Industry in pursuance of the relevant Community obligations relating to the grant and extension of EEC pattern approval and modifications or additions to EEC approved patterns, implemented by regulation 7 of, and Schedule 2 to, the principal Regulations, shall be determined and payable in accordance with the Schedule hereto, whether or not EEC pattern approval is granted or extended as the case may be.
2
In the case of alcoholometers and alcohol hydrometers and taximeters, in respect of which regulation 7 of and Schedule 2 to the principal Regulations are applied by regulation 5 of the Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977 (k) and regulation 6 of the Taximeters (EEC Requirements) Regulations 1979 (l) respectively, the fees shall be determined and payable as in paragraph (1) above.
4
All fees received under these Regulations shall be paid into the Consolidated Fund.
Lucas of Chilworth
Parliamentary Under Secretary of State,
Department of Trade and Industry
27th April 1987
We consent,
Michael Neubert
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
1st May 1987


text:
Citation, commencement, interpretation
1
1
These Regulations may be cited as the Merchant Shipping (BCH Code) Regulations 1987 and shall come into force on 6th April 1987.
2
In these Regulations the following expressions have the following meanings: —
“ 1974 SOLAS Convention ”means the International Convention for the Safety of Life at Sea, 1974, as amended ;
“Annex II ”means Annex II to MARPOL 1973/78 as amended by the amendments adopted by the Marine Environment Protection Committee of the International Maritime Organization on 5th December 1985;
“ BCH Code ”means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1986 Edition) published by the International Maritime Organization;
“Cargo Ship Safety Construction Certificate”,“Cargo Ship Safety Equipment Certificate”,“Cargo Ship Safety Radiotelegraphy Certificate”and“Cargo Ship Safety Radiotelephony Certificate”mean respectively the certificates so entitled issued in conformity with the 1974 SOLAS Convention and, in the case of a United Kingdom ship, under or pursuant to the Merchant Shipping Acts 1894 — 1986;
“Category A”,“Category B”and“Category C”mean respectively, in relation to a substance, the category to which a substance listed in column“a”of the table in Chapter VI of the BCH Code is assigned by having against it in column“c”of that table an entry“A”,“B”or“C”respectively;
“Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk”means, in relation to a United Kingdom ship, a certificate issued pursuant to regulation 5 and, in relation to any other ship, a certificate issued in conformity with chapter 1 of the BCH Code by or on behalf of the government of the state in which the ship is registered;
“chemical tanker”means a self-propelled cargo ship constructed or adapted and used for the carriage in bulk of any liquid substance listed in Chapter VI of the BCH Code; but does not include offshore support vessels or dry cargo ships with deep tanks;
“constructed”in the expressions“constructed on or after”and“constructed before”means, in relation to a ship, having its keel laid or being at a similar stage of construction; and“similar stage of construction”means the stage at which —
construction identifiable with a specific ship begins; and
assembly of that ship has commenced, comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is the less;
“Control of Pollution by Noxious Liquid Substances Regulations”means the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987 ;
“in bulk”means directly and without intermediate form of containment in a tank forming an integral part of, or permanently located on, a ship;
“internationally-trading”means engaged otherwise than as a United Kingdom-trading ship;
“MARPOL 1973/78”means the International Convention for the Prevention of Pollution from Ships, 1973, as amended ;
“United Kingdom-trading”means engaged solely on voyages between ports or terminals in the United Kingdom, the Channel Islands and the Isle of Man.
3
In interpreting the BCH Code —
a
the provisions of the BCH Code having been made mandatory under regulation 3 the language thereof shall be construed accordingly;
b
the definitions set out in Chapter I, paragraph 1.4 thereof, shall apply;
c
the footnotes to Part A of Chapter II, to paragraphs 2.14.1, 2.15.6(b), 3.13, 3.14, 3.15.2, 3.16.4 and Chapter VI shall be construed as an integral part of the BCH Code;
d
references to the Administration shall, in relation to United Kingdom ships, be references to the Secretary of State, and references to the Port Administration shall in relation to all ships in the United Kingdom be references to the Secretary of State;
e
for the second sentence of the footnote to paragraph 3.13 there shall be substituted:
“All chemical tankers constructed after 20th May 1980 but before 1st September 1984 are to comply with section 3.13 of the 1980 edition of this Code.”;
f
each of the references to regulations of the 1974 SOLAS Convention listed in column 2 of the table in the Schedule hereto shall be construed as a reference to the corresponding provision contained in regulations made pursuant to the Merchant Shipping Acts 1894 — 1986 and listed opposite to it in column 3 of that table
Application
2
1
These Regulations apply, subject to the following provisions of this regulation, to chemical tankers constructed before 1st July 1986 which are carrying Category A, Category B or Category C substances.
2
These Regulations apply to all ships specified in paragraph (1) which are United Kingdom ships wherever they may be and to other such ships while they are within a port in the United Kingdom; provided that in the case of a ship registered in a state which is not a party to MARPOL 1973/78 they shall not apply by reason of its being in a port in the United Kingdom if it would not have been there but for stress of weather or any circumstances which could not have been prevented by the owner, the master or the charterer (if any).
3
These Regulations shall not apply to any ship to which the Merchant Shipping (IBC Code) Regulations 1987 apply by virtue of regulation 2(1)(b) or (c) thereof (ships converted or undergoing major modifications after 1st July 1986).
Compliance with Code
3
Chemical tankers to which these Regulations apply shall comply with the requirements of the BCH Code as follows: —
1
a
every internationally-trading chemical tanker for which the building contract was placed on or after 2nd November 1973; and
b
every United Kingdom-trading chemical tanker which was constructed on or after 1st July 1983
shall be constructed, fitted, equipped, arranged and operated in accordance with the requirements relevant to it of Chapters II — VI inclusive of the BCH Code;
2
a
every internationally-trading chemical tanker for which the building contract was placed before 2nd November 1973 and
b
every United Kingdom-trading chemical tanker of 1,600 tons gross tonnage or over which was constructed before 1st July 1983
shall be constructed, equipped and operated in accordance with the requirements relevant to it of the BCH Code except to the extent provided in sub-paragraphs 1.7.3(a) — (f) thereof.
3
Every United Kingdom-trading tanker of less than 1,600 tons gross tonnage which was constructed before 1st July 1983 shall be operated in accordance with the requirements of Chapters V and VA of the BCH Code.
Survey requirements
4
1
The structure, equipment, fittings, arrangements and materials (other than items in respect of which a Cargo Ship Safety Construction Certificate, Cargo Ship Safety Equipment Certificate, Cargo Ship Safety Radiotelegraphy Certificate or Cargo Ship Safety Radiotelephony Certificate is issued) of a chemical tanker shall be subjected to the following surveys:
a
an initial survey before the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk is issued for the first time, which shall include a complete examination of its structure, equipment, fittings, arrangements and materials in so far as the ship is covered by the BCH Code; an initial survey shall be such as to ensure that the structure, equipment, fittings, arrangements and materials fully comply with the relevant provisions of the BCH Code;
b
a periodical survey at intervals not exceeding 5 years which shall be such as to ensure that the structure, equipment, fittings, arrangements and materials comply with the relevant provisions of the BCH Code;
c
a minimum of one intermediate survey during the period of validity of the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk; in cases where only one such intermediate survey is carried out in any one certificate validity period, it shall be carried out not before 6 months prior to, nor later than 6 months after, the half-way date of the certificate’s period of validity; intermediate surveys shall be such as to ensure that the equipment and associated pumps and piping systems comply with the relevant provisions of the BCH Code and are in good working order and condition; a record of such surveys in the form appropriate to an intermediate survey included in the form entitled“Endorsement for Annual and Intermediate Surveys”set out in the appendix to the BCH Code shall be endorsed by the surveyor on the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk;
d
an annual survey within 3 months before or after the anniversary date of the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk which shall include a general examination to ensure that the structure, equipment, fittings, arrangements and materials remain in all respects satisfactory for the service for which the ship is intended; a record of such survey in the form appropriate to an annual survey included in the form entitled“Endorsement for Annual and Intermediate Surveys”set out in the appendix to the BCH Code shall be endorsed by the surveyor on the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk;
e
an additional survey, either general or partial according to the circumstances, shall be made when it has been determined under regulation 6(3) to be necessary, or whenever any important repairs or renewals are made; such a survey shall ensure that the necessary repairs or renewals have been effectively made, that the materials and workmanship of such repairs or renewals are satisfactory, and that the ship is fit to proceed to sea without danger to the ship or persons on board; a record of such survey shall be endorsed by the surveyor on the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk certifying that on completion of the survey the ship complied with the relevant provisions of the Code.
2
Every such survey in the case of a United Kingdom ship shall be carried out by a surveyor appointed by the Secretary of State; and application for such a survey shall be made by or on behalf of the owner to the Secretary of State.
Issue of Certificate of fitness
5
1
Upon satisfactory completion of an initial or periodical survey under regulation 4 of these Regulations and under regulation 23 of the Control of Pollution by Noxious Liquid Substances Regulations the Secretary of State shall issue to a ship which complies with the relevant requirements of the BCH Code and of the Control of Pollution by Noxious Liquid Substances Regulations a certificate called a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk in the form so entitled set out in the appendix to the BCH Code. Such certificate shall be issued for a period not exceeding 5 years beginning on the date of completion of the survey in question.
2
A certificate shall cease to be valid —
a
if any survey required by regulation 4(1)(c) or (d) is not completed within the period specified for that survey; or
b
if any survey required by regulation 4(1)(e) is not completed within such reasonable time as the surveyor may specify; or
c
upon transfer of the ship to registry in another state.
3
In either of the cases specified in sub-paragraph (2)(a) or (b) the owner shall deliver up the certificate issued in relation to the ship to the Secretary of State on demand.
4
In the case of a ship which has transferred from registry in another state to registry in the United Kingdom the Secretary of State may, subject to such requirements as to survey or otherwise as he may think fit, if he is satisfied, notwithstanding that the surveys were not carried out by a surveyor appointed by the Secretary of State as required by regulation 4(2), that —
a
the ship has already been subjected to a satisfactory initial or periodical survey and to any intermediate, annual or additional surveys required; and
b
the ship was issued by or on behalf of the government of that other state with a certificate of fitness which would, but for the change of registry, have remained valid; and
c
the condition of the ship and its equipment has been maintained in conformity with the provisions of the BCH Code; and
d
since completion of the surveys referred to in sub-paragraph (a) no change has been made in the structure, equipment, fittings, arrangements and materials covered by those surveys without the sanction of the government of that other state or of the Secretary of State, except by direct replacement;
issue to that ship a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk for a period to be determined by the Secretary of State, but expiring not later than the expiry date of the certificate referred to in sub-paragraph (b).
5
The Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk shall be kept on board the ship and shall be available for inspection at all reasonable times.
Maintenance of conditions after survey
6
1
The condition of the ship and its equipment shall be maintained so as to conform to the provisions of the BCH Code.
2
After any survey of the ship under regulation 4 has been completed, no change shall be made in the structure, equipment, fittings, arrangements and materials covered by the survey, without the sanction of the Secretary of State, except by direct replacement.
3
Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety or integrity of the ship, the safety of the crew or the efficiency or completeness of the equipment required by Part IV of the Control of Pollution by Noxious Liquid Substances Regulations, the master or owner of the ship shall report at the earliest opportunity to the Secretary of State, who shall determine whether an additional survey is necessary. If the ship is in a port of another state the master or owner shall also report immediately to the appropriate authority of the government of the state in which the port is situated.
Equivalents
7
Where the BCH Code requires that a particular fitting, material, appliance, apparatus, item of equipment or type thereof should be fitted or carried in a ship, or that any particular provision should be made, or any procedure or arrangement should be complied with, the Secretary of State may allow any other fitting, material, appliance, apparatus, item of equipment or type thereof to be fitted or carried, or any other provision, procedure or arrangement to be made in that ship, if he is satisfied by trial thereof or otherwise that such fitting, material, appliance, apparatus, item of equipment or type thereof, or particular provision, procedure or arrangement is at least as effective as that required by the BCH Code.
Exemptions
8
The Secretary of State may exempt any ship or class or description of ship from any of the requirements of the BCH Code, subject to such conditions as he may specify, and may alter or cancel any exemption so granted.
Loading and carriage in bulk of listed chemicals
9
No ship to which these Regulations apply shall load in bulk or carry in bulk any Category A, Category B or Category C substance unless —
a
i
there is in force in respect of that ship a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk covering the substance which the ship is loading or carrying; and
ii
the loading and carrying is carried out in accordance with the terms of that certificate; or
b
either the Secretary of State or the government of a state party to MARPOL 1973/78 has given specific approval to its carriage and any conditions relevant to loading or carriage subject to which that approval was given are complied with.
Penalties
10
1
a
If there is a breach of regulation 3, 5(5), 6 or 9 then the owner and master of the ship shall each be guilty of an offence punishable on summary conviction by a fine not exceeding £1,000, or, on indictment, by a fine;
b
if there is a breach of regulation 4(2) of these Regulations then the owner of the ship shall be guilty of an offence punishable on summary conviction by a fine not exceeding £1,000, or, on indictment, by a fine.
2
It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable steps to ensure that the regulations in question were complied with.
Power to detain
11
In any case where a ship does not comply with the requirements of these Regulations the ship shall be liable to be detained and section 692(1) to (3) of the Merchant Shipping Act 18943 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that for the words“this Act”, wherever they appear, there shall be substituted the words“the Merchant Shipping (BCH Code) Regulations 1987”.
Signed by authority of the Secretary of State
Michael Spice
Parliamentary Under Secretary of State,
Department of Transport
26th March 1987


text:
1
1
These Regulations may be cited as the Counterfeit Goods (Customs) Regulations 1987 and shall come into force on 1st January 1988.
2
In these Regulations —
“application” means an application under Article 3(1) of the Council Regulation and “applicant” shall be construed accordingly;
“the Council Regulation” means Council Regulation ( EEC ) No. 3842/86 laying down measures to prohibit the release for free circulation of counterfeit goods ;
“the Commissioners” means the Commissioners of Customs and Excise.
2
An application shall be made to the Commissioners in the form set out in the Schedule to these Regulations, or a form to the like effect approved by the Commissioners, containing full particulars of the matters specified therein.
3
The application shall be accompanied by the certificate of registration (or a copy of it) issued by the Registrar of Trade Marks on the registration of the trade mark specified in the application, together with evidence that such registration was duly renewed at all such times as it may have expired.
4
The applicant shall give to the Commissioners such security or further security within such time and in such manner, whether by bond, deposit of a sum of money or otherwise as the Commissioners may require, against all actions, proceedings, claims and demands whatsoever which may be taken or made against, or costs and expenses which may be incurred by, them in consequence of the detention of any goods to which the application relates.
5
In every case, whether any security or further security is given or not, the applicant shall keep the Commissioners indemnified against all such liability and expense as is mentioned in regulation 4 above and in particular shall repay to them all expense which may be incurred by them in consequence of the detention of, or anything done in relation to, any goods to which the application relates.
6
Following upon a decision by them under Article 3(3) of the Council Regulation granting the application the Commissioners will monitor entries of imported goods for a period of three months beginning on a date agreed by them and upon payment of a fee of £500.
7
A provisional application, being one in which the applicant does not indicate on what date he would like the monitoring to begin, will be kept on file by the Commissioners and will be acted upon as described in the foregoing regulation when the date on which monitoring is to begin is ultimately agreed and the fee mentioned in that regulation paid.
8
In the event that the Commissioners supply the applicant with a sample of imported goods which appears to them both to correspond to the description of goods contained in a decision under article 3(3) of the Council Regulation granting his application and to bear a trade mark identical to or substantially indistinguishable from the registered trade mark mentioned in that decision the applicant shall, within 24 hours of being requested by the Commissioners, or within such further time as the Commissioners may allow, confirm to them in writing whether or not in his opinion the sample is counterfeit, giving his reasons, by reference to characteristics of the sample or its packaging or otherwise.
9
An application shall have no effect or no further effect where —
a
the applicant has failed to comply with any of the requirements of these regulations, or
b
any change, following the making of the application, which takes place in the ownership or authorised use of the trade mark specified in the application, is not communicated in writing to the Commissioners, or
c
the trade mark specified in the application ceases to be registered.
Bryce Knox
Commissioner of Customs and Excise
King’s Beam House Mark Lane London EC3R 7HE
4th December 1987


text:
1
The Birmingham — Great Yarmouth Trunk Road (High House and Other Diversions) Order 1949 is hereby amended by the deletion from the Schedule of paragraph (3) of Part I and paragraph (3) of Part II.
2
This Order shall come into force on 27th February 1987 and may be cited as the Birmingham — Great Yarmouth Trunk Road (High House and Other Diversions) (Amendment) Order 1987.
Signed by authority of the Secretary of State.
G. D. Crane
Regional Director Eastern Region
Department of Transport
23rd January 1987


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Reduced Earnings Allowance and Transitional) Regulations 1987 and shall come into force on 6th April 1987.
2
In these Regulations —
“ the Act ” means the Social Security Act 1975;
“the 1986 Act ” means the Social Security Act 1986.
3
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
PART II
REDUCED EARNINGS ALLOWANCE
Determination of the probable standard of remuneration
2
1
On any award of reduced earnings allowance except the first award made in respect of a relevant accident or a disease prescribed in accordance with chapter V of Part II of the Act, a person’s probable standard of remuneration shall be determined in accordance with the following provisions of this regulation or, if applicable, of regulation 3.
2
On the second award made in respect of an accident or disease, a person’s probable standard of remuneration in any employment shall be determined in the same manner as on the first award.
3
On a third or subsequent award made in respect of an accident or disease, a person’s probable standard of remuneration in an employment shall be determined —
a
if applicable, in accordance with paragraphs (4) — (8) of this regulation or with regulation 3, or
b
otherwise in the same manner as on the first award.
4
Where at the time of the award a person’s regular occupation has ceased to exist, his probable standard of remuneration in the regular occupation shall be determined in accordance with paragraph (6).
5
Where at the time of the award either —
a
a person is not employed, or
b
he is employed but the employment is not suitable in his case, and
c
there has been no relevant change of circumstances since the last previous award,
the probable standard of remuneration in any employed earner’s employment which is suitable in his case and which he is likely to be capable of following shall be determined in accordance with paragraph (6).
6
For the purposes of paragraphs (4) and (5) a person’s probable standard of remuneration shall be determined by reference to the standard determined for the purposes of the last previous award of reduced earnings allowance increased by a percentage equal to any percentage increase in the level of earnings for the relevant occupational groups.
7
For the purposes of paragraph (6) and regulation 3(1) —
a
the relevant occupational group is the numbered group specified in data relating to earnings published from time to time by the Department of Employment which is the nearest to, respectively,
i
the person’s regular occupation,
ii
any employed earner’s employments which are suitable in his case and which he is likely to be capable of following; and
b
the percentage increase in the level of earnings shall be determined by reference to the movement in average gross weekly earnings of full-time employees on adult rates in the relevant occupational group where pay was not affected by absence; and
c
a percentage increase for any year shall be applied to a determination of the probable standard of remuneration on an award made for a period commencing on or after the first Wednesday in the February of the year following the year to which the increase relates.
8
For the purposes of paragraph (4), a person’s regular occupation has ceased to exist where —
a
his former employer has ceased to trade in the locality, or
b
the work the person did at his former place of employment no longer exists or has changed to such a degree that the work amounts to a different occupation,
and there is in the person’s locality no employer providing work similar to that in which he was engaged.
Awards at the maximum rate
3
1
Where on the second or subsequent award of reduced earnings allowance in respect of an accident or disease the award —
a
is made at the maximum rate payable under section 59A(8) of the Act, or
b
would have been made at that rate but for paragraph 5(3) of Schedule 3 to the 1986 Act or regulation 8,
then, but subject to paragraph (2), on any award thereafter the probable standard of a person’s remuneration in any employment shall be determined as being the same standard as that determined for the purpose of the last previous award of reduced earnings allowance increased by a percentage equal to any percentage increase in the level of earnings for the relevant occupational groups.
2
This regulation does not apply where —
a
on an award, reduced earnings allowance would be payable at a rate below the maximum rate payable under section 59A(8) of the Act otherwise than by virtue of paragraph 5(3) of Schedule 3 to the 1986 Act or regulation 8; or,
b
there has been a relevant change in the person’s circumstances since the last previous award.
Awards following relevant change of circumstances
4
An award of reduced earnings allowance following a relevant change of circumstances shall be treated for the purpose of Part II of these Regulations as the first such award.
PART III
TRANSITIONAL
Claims before 6th April 1987
5
Regulations 2 and 3 shall not apply to any award of reduced earnings allowance where the claim which resulted in that award was made before 6th April 1987.
Awards for special hardship made before 1st October 1986
6
Any award made before 1st October 1986 of an increase in disablement pension under section 60 of the Act (increase of disablement benefit for special hardship) shall be treated for the purposes of regulations 2 and 3 as an award of reduced earnings allowance.
Abatement of Reduced Earnings Allowance
7
1
For the purposes of paragraph 5(3) of Schedule 3 to the 1986 Act paragraph 5 of that Schedule shall be treated as having come into force on 6th April 1987.
2
Paragraph 5(3) of Schedule 3 to the 1986 Act shall be modified by the substitution, in head (c), of the words “a reduced earnings allowance under section 59A” for the words “an increase under section 60” and by the substitution of the words “allowance was payable” for the words “increase was payable”.
Modification of the Act
8
1
Section 59A(8) of the Act shall be modified in the case of a person who for the purposes of the Act is treated as having retired from regular employment before 6th April 1987 by the substitution for “140 per cent” of “100 per cent”.
2
This regulation shall not apply after 5th April 1989.
Offsetting prior payment of gratuity against subsequent award
9
For the purpose offsetting any amount paid by way of gratuity under an award which is subsequently varied on appeal or revised on review, regulation 85 of the Social Security (Adjudication) Regulations 1984 shall have effect after 5th April 1987 as if made under section 53(5)(b) of the 1986 Act.
Signed by the authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
12th March 1987


text:
1
These Regulations may be cited as the Air Navigation (General) (Second Amendment) Regulations 1987 and shall come into operation on 1st January 1988.
2
The Air Navigation (General) Regulations 1981 shall be amended as follows —
1
For regulation 4(2) there shall be substituted the following —
2
a
For the purpose of calculating the total weight of the aircraft the respective total weights of the passengers and crew entered in the load sheet shall be computed from the actual weight of each person and for that purpose each person shall be separately weighed:
Provided that, in the case of an aircraft of which the maximum total weight authorised exceeds 5700 kg. or which has a total seating capacity authorised by the certificate of airworthiness in force in respect of that aircraft of 12 or more persons, the total weights of the passengers and crew may, subject to the provisions of sub-paragraph (b) of this paragraph and of paragraph (4) of this regulation, be calculated at not less than the appropriate weights shown in Table 1 and the load sheet shall bear a notation to that effect —
TABLE
Males over 12 years of age
75 kg.
Save that on journeys by helicopters in support of or in connection with the exploitation of or exploration for mineral resources (including gas) and —
i
between the United Kingdom and any vessel or structure located at sea, or
ii
between any two such vessels or structures where the last preceding journey from land or the next subsequent journey to land was from or is intended to be, as the case may be, the United Kingdom:
the appropriate weight for male passengers over 12 years shall be
83 kg.
Females over 12 years of age
65 kg.
On journeys between the United Kingdom, the Channel Islands or the Isle of Man or between any of them:
Children aged 3 years or more, but not over 12 years of age
40 kg.
Infants under 3 years of age
10 kg.
On any other journey:
Children aged 2 years or more, but not over 12 years of age
39 kg.
Infants under 2 years of age
8 kg.
b
The actual weight of any immersion suit worn or carried by a passenger or crew member shall be added to the appropriate weight shown in Table 1 in each such case.
c
For the purposes of this regulation, “sea” includes any estuary or arm of the sea
.
2
In regulation 7(3)(b)(ii) for the words “1,500 metres” there shall be substituted the words “900 metres”.
3
For regulation 7(5) there shall be substituted the following —
5
a
In the case of an aeroplane having three or more power units, it will, in the meteorological conditions expected for the flight, in the event of any two power units becoming inoperative at any point along the route or on any planned diversion therefrom more than 90 minutes flying time in still air at the all power units operating economical cruising speed from the nearest aerodrome at which it can comply with condition (7) in this regulation, relating to an alternate aerodrome, be capable of continuing the flight with all other power units operating within the specified maximum continuous power conditions, clearing by a vertical interval of at least 2000 feet obstacles within 10 nautical miles either side of the intended track to such an aerodrome, and on arrival over such an aerodrome the gradient of the specified net flight path with two power units inoperative shall not be less than zero at 1500 feet above the aerodrome; and in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at an altitude exceeding the specified maximum permissible altitude for power unit restarting:
Provided that where the operator of the aeroplane is satisfied, taking into account the navigation aids which can be made use of by the aeroplane on the route, that the commander of the aeroplane will be able to maintain his intended track on that route within a margin of 5 nautical miles, the foregoing provisions of this paragraph shall have effect as if 5 nautical miles were substituted for 10 nautical miles; or
b
In the case of an aeroplane having two power units and a maximum total weight authorised which exceeds 5700 kg. and which is not limited by its certificate of airworthiness to the carriage of less than 20 passengers, it will, in the meteorological conditions expected for the flight, at any point along the route or on any planned diversion therefrom, not be more than 60 minutes flying time at the normal one engine inoperative cruise speed in still air from the nearest aerodrome at which it can comply with condition (7) in this regulation, relating to an alternate aerodrome, unless it is flying under and in accordance with the terms of any written permission granted by the Authority to the operator under this regulation; or
c
In the case of an aeroplane having two power units and a maximum total weight authorised 5700 kg. or less or in the case of an aeroplane having two power units and a maximum total weight authorised of more than 5700 kg. but which is limited by its certificate of airworthiness to the carriage of less than 20 passengers the aeroplane will, in the meteorological conditions expected for the flight, not be more than 90 minutes flying time in still air at the all power units operating economical cruising speed from the nearest aerodrome at which it can comply with condition (7) in this regulation, relating to an alternate aerodrome
.
4
For regulation 7(7)(a)(ii) and the proviso immediately thereafter there shall be substituted the following —
7
a
ii
the runway that may be required for landing because of the forecast wind conditions:
Provided that if an alternate aerodrome is designated in the flight plan, the specified landing distance required may be that appropriate to an alternate aerodrome when assessing the ability of the aeroplane to satisfy this condition at the aerodrome of destination.
5
In regulation 8(4)(b)(ii) for the words “1,500 metres” there shall be substituted the words “900 metres”.
6
In regulation 11(1)(iii)(b)(ii) for the words “1,500 metres” there shall be substituted the words “900 metres”.
7
In regulation 18(2), for the geographical points
67° 00'N 00° 00' 67° 00'N 60° 00'W 65° 30'N 58° 39'W
there shall be substituted the following:
82° 00'N 00° 00' 82° 00'N 30° 00'E North Pole 82° 00'N 60° 00'W 78° 00'N 75° 00'W 76° 00'N 76° 00'W 65° 00'N 57° 45'W 65° 00'N 60° 00'W
and after the geographical point
43° 36'N 60° 00'W
there shall be inserted the following:
41° 52'N 67° 00'W 39° 00'N 67° 00'W 38° 35'N 68° 53'W 38° 30'N 69° 15'W 38° 30'N 60° 00'W
8
In the Schedule paragraph 4(b)(ii) for the words “1,500 metres” there shall be substituted the words “900 metres”.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
1st December 1987