text:
1
These Regulations may be cited as the Air Navigation (Restriction of Flying) (Molesworth Aerodrome) Regulations 1987 and shall come into force on 14th January 1988.
2
An aircraft shall not fly below a height of 2,300 feet above mean sea level over any part of the area bounded by a circle of 1.5 nautical miles radius centred at a point N5223.00 W00025.00 unless the commander of the aircraft is flying in accordance with an authorisation given in respect of the aircraft by the notified authority.
Signed by authority of the Secretary of State
Handley M. G. Stevens
An Under Secretary in the
Department of Transport
30th October 1987


type: legislation

jurisdiction: UK

text:
1
The length of Trunk Road described in the schedule 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 Lincolnshire that the new trunk road is open for through traffic.
2
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/EM 28 marked “The (A17) King’s Lynn-Sleaford-Newark Trunk Road (Long Sutton-Sutton Bridge Bypass Detrunking) 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 trunk road to be constructed by the Secretary of State in pursuance of the (A17) King’s Lynn-Sleaford-Newark Trunk Road (Long Sutton-Sutton Bridge Bypass) Order 1987; and
iv
“the Trunk Road” means the (A17) King’s Lynn-Sleaford-Newark Trunk Road.
3
This Order shall come into force on 1st April 1987 and may be cited as the (A17) King’s Lynn-Sleaford-Newark Trunk Road (Long Sutton-Sutton Bridge Bypass Detrunking) Order 1987.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director, East Midlands Region,
Department of Transport
2nd March 1987


text:
1
This Order may be cited as the Potato Marketing Scheme (Amendment) Order 1987.
2
The amendments of the Potato Marketing Scheme 1955 which are set out in the Schedule hereto are hereby approved and shall come into force on 1st March 1987.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd February 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
John J. Mackay
Parliamentary Under Secretary of State, Scottish Office
23rd February 1987.
Nicholas Edwards
Secretary of State for Wales
23rd February 1987.


text:
1
This Order may be cited as the Income Tax (Official Rate of Interest on Beneficial Loans) (No. 3) Order 1987 and shall come into force on 6th September 1987.
2
For the purposes of section 66 of, and Schedule 8 to, the Finance Act 1976 (which impose a charge to income tax on beneficial loans) the official rate of interest is prescribed to be 11½ per cent. per annum.
Peter Lloyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
20th August 1987


text:
1
This Order may be cited as the Aviation Security (Anguilla) Order 1987 and shall come into force on 17th April 1987.
2
Sections 1, 2, 3, 6, 7, 8, 9 and 38 of the Aviation Security Act 1982, modified and adapted as in the Schedule hereto, shall extend to Anguilla, including its territorial waters.
3
The Extradition (Hijacking) Order 1971 is amended by the insertion of Anguilla in Schedule 4 thereto (territories to which the Order extends).
4
The Extradition (Protection of Aircraft) Order 1973 is amended by the insertion of Anguilla in Schedule 4 thereto (territories to which the Order extends).
G.I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and duration
1
1
This Order may be cited as the Mink (Keeping) Order 1987 and shall come into force on 1st January 1988.
2
This Order shall cease to have effect on 1st January 1993.
Interpretation
2
In this Order —
“ the Act ” means the Destructive Imported Animals Act 1932;
“mink” means the animal of the species Mustela vison .
Keeping of mink
3
1
Subject to paragraph (2) below, the keeping within Great Britain of any mink, except under a licence granted under the Act, is prohibited.
2
The keeping of any mink is prohibited —
a
on any off-shore island of Great Britain other than the Isle of Wight, the Isle of Arran (including the neighbouring Holy Island), the Isle of Harris and Lewis and its associated islands north of a line dividing Harris from the islands of Shillay, Pabbay, Ensay, Killegray, Langay and Gilsay;
b
in the Caithness District of the Highland Region of Scotland;
c
in the Sutherland District of the Highland Region of Scotland.
Exceptions to application of the Act
4
In the application of the Act in relation to mink, there shall be omitted sections 5(2) and 6(1)(f) and in section 6(1) the reference to a penalty in the case of an offence under paragraph (f).
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
26th November 1987


text:
Citation and extent
1
1
These Rules may be cited as the Parish and Community Meetings (Polls) Rules 1987.
2
These Rules do not extend to Scotland and Northern Ireland.
Commencement
2
These Rules shall come into force on 16th February 1987 except that they shall not have effect in relation to a poll consequent on a parish or community meeting which has been demanded before that date.
Revocations
3
The Parish and Community Meetings (Polls) Rules 1973 , the Parish and Community Meetings (Polls) (Amendment) Rules 1976 and the Parish and Community Meetings (Polls) (Amendment) Rules 1983 are hereby revoked except that those Rules shall apply to any poll which has been demanded before these Rules come into force.
Returning officer
4
1
If a poll consequent on a parish or community meeting is required to be taken, the chairman of the meeting shall notify the district council in which the parish or community is situate of the fact and that council shall appoint an officer of the council to be returning officer.
2
The chairman of the meeting shall give the returning officer such particulars as will enable him to give notice of the poll.
3
The returning officer shall appoint an office for the purpose of the poll.
Poll rules
5
In the application of the Local Elections (Parishes and Communities) Rules 1986 to a poll consequent on a parish or community meeting, adaptations, alterations and exceptions shall be made to those rules so that the poll shall be conducted in accordance with the rules in the Schedule to these Rules.
Application of provisions in the Act of 1983
6
In the application of those provisions of the Representation of the People Act 1983 referred to in section 187(1) of that Act to the election of the chairman of a parish meeting or to a poll consequent on a parish or community meeting the following adaptations, alterations and exceptions shall have effect–
a
where the poll is to be taken on any question other than that of the election of the chairman of a parish meeting or of an appointment to any other office, the only provisions of those referred to in section 187(1) which are to apply are sections 60, 66 , 113, 114, 115, 119 , 160(4) and (5), 168 , 169 , 173 , 174(5) and (6), 176 , 177, 179, 180, 181 , 186 and 189;
b
references to the proper officer of the authority for which the election was held shall be taken as references to the returning officer;
c
references to the authority for which the election was held shall be taken as references to the parish and references to the area thereof shall be construed accordingly except that in section 130(6) for the words “area of the authority for which the election was held” there shall be substituted “district in which the parish is situate”;
d
in sections 60(2) and 99(1), for the words “local government election” there shall be substituted “election under the local government Act”;
e
in section 66, subsection (4) and any reference to an election agent or the proxy for an elector shall be omitted and in subsections (2)(b), (3)(b), (c) and (d) and (5) after the words “the candidate for whom” there shall be inserted “or the manner in which”;
f
in section 136(2)(b) , for the words “£2,500” there shall be substituted “£1,500”;
g
references to an election under the local government Act shall be deemed to include a reference to a poll consequent on a parish or community meeting.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
5th January 1987


text:
1
These Regulations may be cited as the Crown Prosecution Service (Witnesses' Allowances) (Amendment No.4) Regulations 1987 and shall come into force on 22nd June 1987.
2
In Schedule 1 to the Crown Prosecution Service (Witnesses' Allowances) Regulations 1986 , in Column 3 of the Table, which sets out relevant amounts in relation to allowances payable under those Regulations —
a
for the sums of £49.20 and £98.40 in the entry for Regulation 4(a) (locum allowance payable to a professional witness who attends to give evidence) there shall be substituted £52.50 and £105.00 respectively; and
b
for the sums of £33.70, £49.20, £73.90 and £98.40 in the entry for regulation 4(b) (compensatory allowance payable to such witness) there shall be substituted £35.00, £52.50, £78.80 and £105.00 respectively.
3
The Crown Prosecution Service (Witnesses' Allowances) (Amendment No.2) Regulations are hereby revoked.
Michael Havers
Her Majesty’s Attorney General.
11th May 1987.
We approve.
Timothy Sainsbury
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
13th May 1987.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pensioners' Lump Sum Payments Order 1987 and shall come into force on 7th December 1987.
2
In this Order “ the Act ” means the Pensioners' Payments and Social Security Act 1979.
Substitution in the Act for references to the relevant week and to the passing of the Act
2
Sections 1 to 3 of the Act shall have effect as if —
a
for references to the relevant week there were substituted references to the week beginning 7th December 1987, and
b
for references to the passing of the Act there were substituted references to the making of this Order.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under-Secretary of State
Department of Health and Social Security
23rd July 1987


text:
1
These Regulations may be cited as the Road Transport (International Passenger Services) (Amendment) Regulations 1987 and shall come into force on 1st November 1987.
2
1
The Road Transport (International Passenger Services) Regulations 1984 shall be amended in accordance with the following provisions of this regulation.
2
In regulations 5(2) and 6(2)
a
after the words “Act of 1981” where they first occur there shall be inserted the words “and Parts I and II of the Transport Act 1985”; and
b
in paragraph (b) for the words “section 30 of the Act of 1981 there shall be substituted the following section” there shall be substituted “section 6 of the Transport Act 1985 there shall be substituted the following section and section 35 of that Act shall be omitted” and in the fourth line for “30” there shall be substituted “6”.
3
In regulation 14 —
a
in paragraph (3) for the words “section 30 of the Public Passenger Vehicles Act 1981” there shall be substituted the words “section 6 of the Transport Act 1985” and for “£110” there shall be substituted “£125”; and
b
in paragraph (4) for the words “when the application is made” there shall be substituted the words “before the authorisation is issued”.
David B. Mitchell
Minister of State,
Department of Transport
3rd October 1987


text:
1
This Order may be cited as the Stamp Duty Reserve Tax (Interest on Tax Repaid) Order 1987 and shall come into force on 6th April 1987.
2
The rate specified, which for the purposes of section 92 of the Finance Act 1986 is the appropriate rate, is 9 per cent. per annum.
Peter Lloyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1987


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security Benefits Up-rating (No.2) Order 1987 and shall come into force for the purposes of articles 1 and 9 on 3rd April 1988, for the purposes of articles 8 and 11 on 6th April 1988 and for all other purposes on 11th April 1988.
2
In this Order, unless the context otherwise requires —
“the 1975 Act ” means the Social Security Act 1975 ;
“the 1986 Act ” means the Social Security Act 1986; and
“the Pensions Act ” means the Social Security Pensions Act 1975
Alterations in rates or amounts of certain benefits under the 1975 Act
2
1
In this article, “Schedule 4” means Schedule 4 to the 1975 Act
2
The sums specified in paragraph (3) below shall be altered from and including the respective dates specified in article 4 below; and Schedule 4 shall accordingly have effect as set out in the Schedule to this Order.
3
The sums mentioned in paragraph (2) above are the sums specified in Parts I, III , IV and V of Schedule 4 (contributory periodical benefits, non-contributory periodical benefits, increase of benefits for dependants and rates or amounts of industrial injuries benefits, respectively), except in Part III the sum specified for age addition.
Increase of rates or amounts of certain benefits under the Pensions Act
3
1
The sums mentioned in paragraphs (2) to (5) below shall be increased from and including the respective dates specified in article 4 below.
2
In section 6(1)(a) of the Pensions Act (basic pension in a Category A retirement pension) —
a
so far as the sum is relevant for the purpose of calculating under section 14(6) of the 1975 Act the rate of sickness benefit, for the sum of £37.85 there shall be substituted the sum of £39.45.
b
except so far as mentioned in sub-paragraph (a) above, for the sum of £39.50 there shall be substituted the sum of £41.15.
3
It is hereby directed that the sums which are the additional pensions in the rates of long-term benefits calculated by reference to any final relevant year earlier than the tax year 1987/1988 shall be increased by 4.2 per cent. of their amount apart from this Order.
4
It is hereby directed that the sums payable by way of increases of retirement pensions under Schedule 1 to the Pensions Act (increase of pension where pensioner defers retirement) shall be increased by 4.2 per cent.
5
It is hereby declared that an amount equal to 4.2 per cent. of the aggregate amount of the sums —
a
payable by virtue of section 35(6) of the Pensions Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 36(3)); and
b
payable to such a person as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the 1975 Act or section 63 of the 1986 Act,
shall be payable by way of an increase of such a person’s Category A or Category B retirement pension.
Dates on which sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act are altered by this Order
4
1
The alterations made by this Order in the sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act shall take effect for each case on the date specified in relation to such case in the following provisions of this article.
2
In relation to the case of a person over pensionable age who has not retired from regular employment and for whom the rate of unemployment benefit, sickness benefit or invalidity pension falls to be calculated in accordance with section 14(6) or 15(4) of the 1975 Act , the increases in the sums mentioned in articles 2, 3 and 6 for Category A and B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependants) shall take effect on 14th April 1988 and in relation to all other cases the increases in such sums shall take effect on 11th April 1988.
3
The increase mentioned in article 3(5) shall take effect on 11th April 1988.
4
The alterations in the amounts of maternity allowance, widow’s allowance , widowed mother’s allowance, widow’s pension, Category C and D retirement pension, child’s special allowance , attendance allowance, invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), guardian’s allowance and industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children (together with, where appropriate, increases for dependants) shall in all cases take effect on 11th April 1988.
5
The sums specified for the rate of mobility allowance, invalid care allowance (in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), disablement benefit (together with increases of disablement pension), maximum disablement gratuity under section 57(5) of the 1975 Act , increase of unemployability supplement under section 59 of the 1975 Act and maximum, under section 91(1) of the 1975 Act, of the aggregate of weekly benefit payable for successive accidents, shall be increased in all cases with effect from 13th April 1988.
6
In relation to the case of a person whose weekly rate of Category A or B retirement pension falls to be increased under the provisions of section 28(7) or 29(8) of the 1975 Act by reference to the weekly rate of invalidity allowance to which he was previously entitled, the increase in the sum specified for the appropriate rate of invalidity allowance shall take effect on 11th April 1988 and in relation to all other cases the increase in such sum shall take effect on 14th April 1988.
7
The alterations in the rates or amounts of unemployment and sickness benefit, invalidity pension and severe disablement allowance (together with, where appropriate, increase for dependants), shall take effect in all cases on 14th April 1988.
Increase in rates of certain benefits under the Industrial Injuries and Diseases (Old Cases) Act 1975
5
In the Industrial Injuries and Diseases (Old Cases) Act 1975 the sum of £23.75 referred to in section 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and section 7(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be further increased; and from and including 13th April 1988 the reference to that sum in section 2(6)(c), and from and including 14th April 1988 the reference to that sum in section 7(2)(b), shall accordingly have effect as references to £24.75.
Increase in rate of graduated retirement benefit and increments thereof
6
1
In the National Insurance Act 1965 the sum of 5.17 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 4.2 per cent.; and from and including 11th April 1988 the reference in that provision to that sum shall accordingly have effect as a reference to 5.39 pence.
2
It is hereby directed that the aggregate amount of any increases of graduated retirement benefit payable under Schedule 2 to the Social Security (Graduated Retirement Benefit) (No.2) Regulations 1978 (increases for deferred retirement) shall be increased by 4.2 per cent.
Sum specified for child benefit
7
In regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rates of child benefit) —
a
in paragraph (1), the sum specified is £7.25; and
b
in paragraph (2), the sum specified shall be increased from £4.70 to £4.90.
Statutory Sick Pay
8
1
The sums specified in section 7(1) of the Social Security and Housing Benefits Act 1982 (relationship between rates of payment of statutory sick pay and employees' normal weekly earnings) shall be increased in accordance with the provisions of this article with effect from 6th April 1988.
2
The sums specified in section 7(1)(a) shall be increased from £47.20 and £76.50 to £49.20 and £79.50 respectively.
3
The sum specified in section 7(1)(b) shall be increased from £32.85 to £34.25.
Statutory Maternity Pay
9
The sum specified in regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (lower rate of statutory maternity pay) shall be increased from £32.85 to £34.25 with effect from 3rd April 1988.
Earnings Limits
10
1
The sum specified in subsection (1) of section 30 of the 1975 Act is £75 and the sums specified —
a
in paragraph (a) of that subsection, are £4, 5 pence and 10 pence respectively, and
b
in paragraph (b) of that subsection, are £4, 5 pence, 10 pence, £4, 5 pence and 5 pence respectively.
2
The sums specified in section 41(2B) of the 1975 Act (earnings limits for child dependency increases) shall be increased from £85, £10 and £85 to £90, £11 and £90 respectively.
Transitional provision
11
Where in relation to statutory sick pay a period of entitlement as between an employer and an employee is running at 6th April 1988 and the employee’s normal weekly earnings under the contract of service with that employer are not less than, or treated for the purpose of section 7(1) of the Social Security and Housing Benefits Act 1982 as not less than £76.50, they shall be treated as not less than £79.50 for the remainder of that period.
Revocations
12
The Social Security Benefits Up-rating Order 1987 is hereby revoked.
Signed by authority of the Secretary of State for Social Services.
Skelmersdale
Parliamentary Under-Secretary of State,
Department of Health and Social Security
16th November 1987
Mark Lennox-Boyd
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
19th November 1987


text:
Title and commencement
1
These Regulations may be cited as the Artificial Insemination (Cattle and Pigs) (Fees) Regulations 1987 and shall come into force on 1st April 1987.
Interpretation
2
1
In these Regulations —
“the principal cattle Regulations”means the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985 and the Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985 ;
“the principal pig Regulations”means the Artificial Insemination of Pigs (England and Wales) Regulations 1964 and the Artificial Insemination of Pigs (Scotland) Regulations 1964 .
2
Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
3
Expressions used in Schedule 1 or 2 in relation to a matter arising under any of the Regulations referred to in paragraph (1) above shall have the same meaning as in the Regulations under which the matter arises.
Payment of fees
3
1
There shall be paid in connection with the issue of licences and approvals under the principal cattle Regulations and the principal pig Regulations and in connection with tests and examinations carried out for the purposes of those Regulations —
a
in the case of the matters arising under the principal cattle Regulations referred to in the first column of Schedule 1, the fees respectively set out in the second column of that Schedule opposite the references to those matters,
b
in the case of the matters arising under the principal pig Regulations referred to in the first column of Schedule 2, the fees respectively set out in the second column of that Schedule opposite the references to those matters.
2
The fees referred to in paragraph (1) above shall be paid to the appropriate Minister by the applicant or the licensee, as the case may be.
Refund of fees
4
If an application under the principal cattle Regulations or the principal pig Regulations is withdrawn before determination of the application, the appropriate Minister shall refund to the applicant such proportion of any fee paid under regulation 3 in respect of that application as the appropriate Minister thinks fit, having regard to any reasonable costs incurred by him in connection with the application.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 5th March 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
John J. Mackay
Parliamentary Under-Secretary of State, Scottish Office
5th March 1987
Nicholas Edwards
Secretary of State for Wales
5th March 1987
We approve,
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1987


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order which connect the Trunk Road and the main new trunk road with other highways at the places stated in the schedule to this Order (the highways along these routes being in this Order referred to as “the slip roads”), shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each slip 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 any of the slip roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
i
“the deposited plan” means the plan numbered CSE 206/6B/26/03, marked “The London — Portsmouth Trunk Road A3 (Ham Barn — Petersfield Section Slip Roads) Order 1987”, signed by authority of the Secretary of State and deposited at the Department of Transport, 43 Romney House, Marsham Street, London SW1P 3PY;
ii
“the main new trunk road” means the highway to be provided by the Secretary of State in pursuance of the London — Portsmouth Trunk Road A3 (Ham Barn — Petersfield Section) Order 1987 ; and
iii
“the Trunk Road” means the London-Portsmouth Trunk Road A3.
5
This Order shall come into force on 5th October 1987 and may be cited as the London — Portsmouth Trunk Road A3 (Ham Barn — Petersfield Section Slip Roads) Order 1987.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
4th September 1987


text:
1
This Order may be cited as the Financial Services Act 1986 (Commencement) (No.6) Order 1987.
2
Section 62 of the Financial Services Act 1986 shall come into force on 1st December 1987 except for the purposes of the application of subsection (1) of that section to a contravention such as is mentioned in subsection (2) and in relation to any such contravention shall come into force on 3rd October 1988.
3
Subject to the provisions of Article 4 below, section 140 of the Financial Services Act 1986 shall come into force on 1st December 1987 insofar as it is necessary to bring paragraph 22(4) and (5) of Schedule 11 to that Act into force and, subject as aforesaid, paragraph 22(4) and (5) of that Schedule shall come into force on that date.
4
Section 140 of the Financial Services Act 1986 and paragraph 22(4) of Schedule 11 to that Act shall not come into force on 1st December 1987 for the purposes of making a contravention of the kind described in paragraph 22(4)(d) actionable at the suit of a person of the kind described in that paragraph; but that section and that paragraph shall come into force for that purpose on 3rd October 1988.
5
The provisions specified in Schedule 1 to this Order shall come into force on 23rd November 1987.
6
The provisions specified in Schedule 2 to this Order shall come into force on 1st December 1987.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
21st November 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Maternity Pay and Maternity Allowance (Transitional) Regulations 1987 and shall come into force in the case of regulations 1 and 4 on 5th April 1987 and in the case of regulations 2 and 3 on 6th April 1987.
2
In these Regulations, unless the context otherwise requires —
“the 1975 Act ” means the Social Security Act 1975 ;
“the 1978 Act ” means the Employment Protection (Consolidation) Act 1978 ;
“the 1986 Act ” means the Social Security Act 1986;
“employee” has the same meaning as in the 1978 Act;
“confinement” has the same meaning as in section 50(1) of the 1986 Act;
“maternity pay” has the meaning given by section 33(1) of the 1978 Act, as continued in force from 6th April 1987 by regulation 2(1);
“Maternity Pay Fund” means the Fund referred to in section 37 of the 1978 Act, as continued in force from 6th April 1987 by regulation 2(3).
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.
Savings in respect of maternity pay and maternity allowance
2
1
In the case of a woman whose expected date of confinement —
a
is before 21st June 1987, or
b
is after 20th June 1987 but who is in fact confined before 6th April 1987,
Part V of and Schedule 4 to the 1986 Act shall not apply to her, but, in relation to that confinement —
i
the provisions of the 1978 Act relating to maternity pay shall continue in force as if section 49(3) of and paragraph 15 of Part III of Schedule 4 to the 1986 Act had not been enacted and notwithstanding the repeal of those provisions by section 86(2) of and Schedule 11 to the 1986 Act;
ii
sections 22 and 23 of and paragraph 3 of Part I of Schedule 3 to the 1975 Act shall continue in force as if section 49(2) of and Part II of Schedule 4 to the 1986 Act had not been enacted;
iii
the provisions amended by section 86(1) of and paragraphs 72 and 77 of Schedule 10 to the 1986 Act shall continue in force as if those paragraphs had not been enacted; and
iv
the words “or a maternity allowance” in paragraph 8(3) of Part II of Schedule 3 to the 1975 Act shall continue in force.
2
In the case of a woman to whom paragraph (1)(b) applies, the week in which she is confined shall be treated for the purposes of the provisions of the 1978 Act relating to maternity pay as the expected week of confinement.
3
Notwithstanding their repeal by section 86(2) of and Schedule 11 to the 1986 Act and without prejudice to the generality of paragraph (1), the provisions of
a
the 1975 Act;
b
section 40 of the Employment Protection Act 1975 ;
c
the 1978 Act; and
d
section 18 of the Social Security (Miscellaneous Provisions) Act 1977 ,
in so far as they relate to the Maternity Pay Fund, shall continue in force until such time as the Fund ceases to exist in accordance with section 49(3) of and paragraph 17 of Part III of Schedule 4 to the 1986 Act.
4
Notwithstanding the repeal of any enactment relating to maternity pay or the Maternity Pay Fund by the 1986 Act and without prejudice to the generality of the preceding paragraphs, the Employment Appeal Tribunal and the industrial tribunals may continue to exercise jurisdiction conferred upon them by the 1978 Act with respect to matters arising out of or in connection with any of those enactments, including any such enactment continued in force by these Regulations.
5
Where in accordance with this Regulation any provision of the 1978 Act relating to maternity pay or the Maternity Pay Fund is continued in force after 5th April 1987, paragraphs 73 to 75 of Schedule 10 to the 1986 Act, and section 86(1) in so far as it relates to them, shall, for the purposes for which and for so long as that provision is continued in force, be treated as not having been enacted.
6
This Regulation in so far as it relates to meternity pay and the Maternity Pay Fund shall have effect in relation to Crown employees and relevant members of the House of Commons staff as it has effect in relation to other employees and for this purpose Crown employment and relevant House of Commons staff have the same meanings as in respectively sections 138 and 139 of the 1978 Act.
Meaning of “week”
3
Notwithstanding section 50(1) of the 1986 Act, the 6 days commencing 6th April 1987 shall be treated as a week for the purposes of calculating —
a
the maternity pay period under section 47 of the 1986 Act, and
b
the maternity allowance period under section 22(2) of the 1975 Act.
Women not entitled to maternity pay
4
A woman for whom 5th April 1987 is the commencement of the 11th week before the expected week of confinement shall not be entitled to maternity pay except where she is in fact confined before 6th April 1987 and satisfies the conditions of entitlement to maternity pay specified in the 1978 Act.
Signed by authority of the Secretary of State for Social Services.
Nicholas Lyell
Parliamentary Under-Secretary of State
Department of Health and Social Security
10th March 1987.


text:
Citation and interpretation
1
1
In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Social Security Act 1986.
Appointed days
2
1
The day appointed for the coming into force of the provisions of the Social Security Act 1986 which are specified in Part I of the Schedule to this Order is 1st May 1987.
2
The day appointed for the coming into force of the provisions of the Social Security Act 1986 which are specified in Part II of the Schedule to this Order is 4th January 1988.
3
The day appointed for the coming into force of the provisions of the Social Security Act 1986 which are specified in Part III of the Schedule to this Order is 6th April 1988.
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
23rd March 1987.


text:
1
The County Council of Humberside (Stoneferry Bridge, Kingston Upon Hull) Scheme 1987 is hereby confirmed with modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1 3PY, at the offices of the Humberside County Council, County Hall, Beverley and at the offices of the Kingston Upon Hull City Council, the Guildhall, Kingston Upon Hull.
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 Humberside (Stoneferry Bridge, Kingston Upon Hull) Scheme 1987 Confirmation Instrument 1987.
Signed by authority of the Secretary of State
J.F. Ballard
Regional Director, Yorkshire and Humberside Regional Office of the
Departments of the Environment and Transport
27th November 1987


text:
Citation and commencement
1
These Regulations may be cited as the Supplementary Benefit (Requirements and Resources) Amendment Regulations 1987 and shall come into force for the purposes of regulation 4 on the 1st September 1987 and for all other purposes on 27th July 1987.
Amendment of Schedule 1A to the Supplementary Benefit (Requirements) Regulations 1983
2
1
Schedule 1A to the Supplementary Benefit (Requirements) Regulations 1983 (maximum amounts for boarders) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 6(1)–
a
for the definition of “nursing home” there shall be substituted the following definition–
“nursing home” means–
a nursing home or mental nursing home registered under Part II of the Registered Homes Act 1984 unless exempted under section 37 of that Act; or
a nursing home or mental nursing home maintained or controlled by a body instituted by special Act of Parliament or incorporated by Royal Charter; or
in Scotland, a nursing home within the meaning of section 10 of the Nursing Homes Registration (Scotland) Act 1938 , or a private hospital within the meaning of the Mental Health (Scotland) Act 1984 , and registered under either of those Acts unless exempted from registration;
;
b
in the definition of “residental care home”–
i
in paragraph (a) there shall be omitted all the words from “including” to “registered”, and
ii
after paragraph (e) there shall be added the following–
or
f
which provides residential accommodation with both board and personal care for persons in need of personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, or past or present mental disorder for fewer than 4 persons, excluding persons carrying on or intending to carry on the home or employed or intended to be employed there and their relatives, but only if–
i
that personal care to residents of the establishment is provided by at least two employed or self-employed persons (referred to in this paragraph as responsible persons) and the provision of that care forms the predominant aspect of that employment, and
ii
those responsible persons have at least one year’s relevant experience in caring for persons in need of the category of personal care for which the establishment provides such care, and
iii
at least one responsible person is available throughout the day to care for residents of the establishment, and
iv
throughout the night, at least one responsible person is on call to care for residents of the establishment, and
v
all residents have free access to the premises at all times.
.
Transitional provisions
3
1
Where a claimant immediately before 27th July 1987 was–
a
in receipt of a pension or allowance as a boarder resident in a residential care home which was not required to register under Part I of the Registered Homes Act 1984 because section 1(4) of that Act applied to it; or
b
would have been in receipt of a pension or allowance as such a boarder but for his temporary absence from that home,
then notwithstanding the amendment made by regulation 2(2)(b)(ii) of these Regulations, provided the conditions in paragraph (2) are satisfied, his appropriate amount shall be determined in accordance with paragraph 1 of Schedule 1A to the Supplementary Benefit (Requirements) Regulations 1983 as if the amendment had not been made.
2
The conditions to be satisfied for the purposes of paragraph (1) are that–
a
the claimant’s pension or allowance in respect of the period immediately prior to the 27th July 1987 was calculated on the basis that his appropriate amount was that prescribed under paragraph 1 of Schedule 1A to those Regulations, or would have been but for the temporary absence of the claimant from the home, and the determination awarding that pension or allowance had been made by an adjudication officer on a date prior to the 27th July 1987; and
b
the claimant since 27th July 1987 has been continuously entitled to a supplementary pension or allowance; and
c
the claimant has since the 27th July 1987 continued to be resident in that same home, apart from any temporary absence; and
d
the home before and continuously after 27th July 1987 provides both accommodation, board and personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, or past or present mental disorder, to the claimant.
Amendment to the Supplementary Benefit (Resources) Regulations 1981
4
In regulation 11(4)(d)(v) of the Supplementary Benefit (Resources) Regulations 1981 (calculation of other income) for the sum of “£187” there shall be substituted the sum of “£210”.
Signed by authority of the Secretary of State for Social Services.
Michael Portillo
Parliamentary Under Secretary of State,
Department of Health and Social Security
23rd July 1987
We consent,
Mark Lennox-Boyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
24th July 1987


text:
1
This Order may be cited as the Foreign Compensation (Financial Provisions) Order 1987 and shall come into force on 18th March 1987.
2
The Foreign Compensation Commission shall pay into the Consolidated Fund not later than 31st March 1987 out of the compensation fund named in Column 1 of the Schedule to this Order the amount specified in Column 2 of the Schedule which is hereby determined to be the amount of the expenses of the Commission during the period 1st October 1985 to 30th September 1986 attributable to the discharge by the Commission of their functions in relation to the distribution of sums from that compensation fund.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Reverter of Sites Act 1987 (Commencement) Order 1987.
2
The Reverter of Sites Act 1987 shall come into force on 17th August 1987.
Havers, C.
14th July 1987


text:
1
This Order may be cited as the Stamp Duty Reserve Tax (Interest on Tax Repaid) (No. 2) Order 1987 and shall come into force on 6th June 1987.
2
The rate specified, which for the purposes of section 92 of the Finance Act 1986 is the appropriate rate, is 8.25 per cent. per annum.
Peter Lloyd
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
13th May 1987


text:
Citation and commencement
1
This Order may be cited as the Black Country Development Corporation (Area and Constitution) Order 1987 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
In this Order, “the maps” means the set of maps numbered 1 and 2 entitled “Maps referred to in the Black Country Development Corporation (Area and Constitution) Order 1987”, of which prints signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment and the offices of the councils of the boroughs of Sandwell and Walsall.
Designation of urban development area
3
The area shown on the maps bounded externally by a black line edged internally with a stippled band is hereby designated as an urban development area.
Establishment of the Black Country Development Corporation
4
For the purposes of regenerating the designated area there is hereby established an urban development corporation named “The Black Country Development Corporation” with eleven members in addition to the chairman and deputy chairman.
Nicholas Ridley
Secretary of State for the Environment
2nd April 1987


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Prohibitions) (Exemptions and Appeals) Regulations 1987 and shall come into force on 5th August 1987.
Interpretation
2
In these Regulations —
“the 1972 Act ” means the Road Traffic Act 1972;
“certifying officer” has the same meaning as in the Public Passenger Vehicles Act 1981 ;
“prohibition” means a prohibition under section 57 of the 1972 Act;
“vehicle testing station” means a station provided by the Secretary of State under section 45(9), 50(3) or 58(5) of the 1972 Act.
Exemptions from section 57(9)(a) of the 1972 Act
3
The use of a goods vehicle on a road —
a
solely for the purpose of submitting it by previous arrangement at a specified time on a specified date for an inspection at a vehicle testing station or such other place as shall have been agreed between the person proposing to carry out, and the person submitting the vehicle for, the inspection;
b
in the course of an inspection for the purpose of —
i
taking it to, or bringing it away from, any place where a part of the inspection is to be, or (as the case may be) has been, carried out; or
ii
carrying out any part of the inspection, the person so using it being (in either case) a person carrying out the inspection; or
c
within three miles measured in a straight line from the place where it is being, or has been, repaired solely for the purpose of its test or trial with a view to the removal of a prohibition,
is exempted from section 57(9)(a) of the 1972 Act (which makes it an offence to drive, or cause or permit to be driven, a goods vehicle on a road in contravention of a prohibition).
Prescribed time and manner of appeals relating to prohibitions
4
1
This regulation applies to appeals to the Secretary of State under subsection (3) of section 58 of the 1972 Act (appeals against the refusal of a certifying officer to remove a prohibition).
2
Every appeal to which this regulation applies shall be made within 14 days of the date on which the certifying officer refused to remove the prohibition in question.
3
Every such appeal shall —
a
be made in writing; and
b
contain a statement of the grounds on which it is made,
and shall be lodged at the Goods Vehicle Centre, Welcombe House, 91 — 92 The Strand, Swansea, West Glamorgan SA1 2DH.
Revocation
5
The Goods Vehicles (Prohibitions) (Exemptions and Appeals) Regulations 1971 are hereby revoked.
Signed by authority of the Secretary of State.
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
3rd July 1987


text:
Title and comencement
1
These Regulations may be cited as the Authorised Officers (Meat Inspection) Regulations 1987 and shall come into force on 22nd February 1987.
Authorised Officers
2
Pursuant to section 73(2) of the Food Act 1984 any officer of a council, being a person having any of the qualifications specified in the Schedule to these Regulations, may be authorised under that Act to act in relation to the examination and seizure of meat.
Revocation of Authorised Officers (Meat Inspection) Regulations 1978
3
The Authorised Officers (Meat Inspection) Regulations 1978 are hereby revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 1st February 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
Trumpington
for the Secretary of State for Social Services
30th January 1987
Nicholas Edwards
Secretary of State for Wales
28th January 1987


text:
1
The M3 Motorway (Popham — Hockley Section) Scheme 1973 is hereby varied by deleting therefrom all provisions relating to the section of the Motorway (as defined in that Scheme) between Bar End and Hockley described in the Schedule to this Scheme.
2
This Scheme shall come into force on 21st August 1987 and may be cited as the M3 Motorway (Popham — Hockley Section) (Variation) Scheme 1987.
Signed by authority of the Secretary of State
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
23rd July 1987


text:
Citation and commencement
1
1
This Order may be cited as the Yorkshire Water Authority (Studforth Boreholes) Order 1987 and shall come into force on 14th July 1987.
2
This Order shall be included among the enactments which may be cited together as the Yorkshire Water Authority Orders 1974 to 1987.
Interpretation
2
In this Order —
“the Authority” means the Yorkshire Water Authority;
“the deposited plan” means the plan prepared in duplicate, signed by an Under Secretary in the Department of the Environment and marked “Plan referred to in the Yorkshire Water Authority (Studforth Boreholes) Order 1987”, one duplicate of which is deposited and available for inspection at the principal office of the Authority and the other at the offices of the Secretary of State for the Environment;
“the Third Schedule” means the Third Schedule to the Water Act 1945;
“the undertaking” means the water undertaking of the Authority as for the time being authorised by any enactment.
Application of Third Schedule
3
For the purposes of this Order, the provisions of the Third Schedule which are specified in column (1) of Schedule 1 to this Order shall, subject to the modifications set out in column (2) of that Schedule, apply to the undertaking and are hereby incorporated with this Order.
Power to continue, construct and maintain works
4
The Authority may —
a
continue and maintain the existing borehole on and under the land owned by them described in Schedule 2 to this Order;
b
construct and maintain an additional borehole on and under that land;
c
construct and maintain on and under that land (in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such pumping stations, wells, boreholes, adits and headings as may be necessary or expedient for augmenting or improving the supply of water obtained by means of the said boreholes.
Works to form part of undertaking
5
The works authorised by this Order shall for all purposes form part of the undertaking.


text:
Citation and commencement
1
1
These Regulations may be cited as the Town and Country Planning (Control of Advertisements) (Amendment No. 2) Regulations 1987.
2
These Regulations other than Regulation 3 shall come into force on 29th January 1988. Regulation 3 shall come into force on 28th October 1988.
Amendment of the Town and Country Planning (Control of Advertisements) Regulations 1984 from 29th January 1988
2
The Town and Country Planning (Control of Advertisements) Regulations 1984 are further amended as follows —
i
for regulation 11 substitute —
Advertisements on sites used for the display of advertisements on 1st April 1974
11
1
A site being used for the display of advertisements on 1st April 1974 may continue to be so used without express consent after 29th January 1988 unless a notice under regulation 16 has effect to require the discontinuance of that use.
2
The use of a site pursuant to paragraph (1) is subject to the condition that it is not used for the display of advertisements to an extent which is substantially greater than, or in a manner substantially different from, the extent and manner of use on 1st April 1974.
3
Paragraph (1) does not permit the erection of any replacement structure or building on which to continue the display of advertisements.
;
ii
in regulation 14(1), insert after Class VIII the new Classes set out in Schedule 1 hereto;
iii
for regulation 14(2) substitute —
2
The display of any advertisements pursuant to paragraph (1) is subject to the standard conditions and the following limitations and additional conditions —
a
no advertisement of Class II , III , IV , V, VI , IX or X shall include letters, figures, symbols, emblems or devices more than 0.75 metre high or, in the case of an advertisement in an area of special control, 0.3 metre high;
b
i
no advertisement of any Class other than Class I or VI shall be so displayed in an area of special control that the highest part of it is more than 3.6 metres above ground level;
ii
no advertisement of Class X shall be so displayed outside an area of special control that the highest part of it is more than 3.6 metres above ground level;
iii
no advertisement of any Class (other than Class X) except an advertisement of Class I or VI shall be so displayed outside an area of special control that the highest part of it is more than 4.6 metres above ground level:
Provided that heads (i) and (iii) shall not restrict the display of an advertisement of Class III(a) above the relevant height on any part of a building if the advertisement relates only to the separate sale or letting of that part and the highest part of the advertisement is at the lowest level that is reasonably practicable;
c
no advertisement shall be illuminated save that —
i
an advertisement of Class I or Class VII may be illuminated in a manner reasonably required to fulfil the purpose of the advertisement; and
ii
an advertisement of Class II or IV may be so illuminated in so far as it advertises that medical or similar services or supplies are available on the premises on which it is displayed;
d
an advertisement of Class III(a) shall be removed within 14 days after the sale of the relevant land or premises is completed or a tenancy is granted;
e
an advertisement of Class III(b), (d) or (e) relating to a sale or other event due to take place on a specific date may not be displayed earlier than 28 days before the day (or first day) on which the sale or event is due to take place and any such advertisement shall be removed within 14 days after the end of the sale or event;
f
an advertisement of Class III(c) may only be displayed while the relevant works are being carried out;
g
an advertisement of Class X shall be removed within the following 14 days if the relevant watch scheme ceases to operate or to be approved by the police authority or if the highway authority withdraw their consent to the display of the advertisement;
h
an advertisement of Class XI shall not be displayed after the development of the site is completed or, in any event, for more than 2 years.
.
Further amendment of the 1984 Regulations from 28th October 1988
3
Regulation 14(1) of the 1984 Regulations is additionally amended (except as respects advertisements which are being displayed when this regulation comes into force) by substituting for paragraph (a) of Class III, the paragraph set out in Schedule 2 hereto.
Nicholas Ridley
Secretary of State for the Environment
23rd December 1987


text:
1
These Regulations may be cited as the Education (Fees and Awards) (Amendment) Regulations 1987 and shall come into force on 1st September 1987.
2
In regulation 2(1) of the Education (Fees and Awards) Regulations 1983 (“the principal regulations”) —
a
before the definition of “education” there shall be added —
“award” means a fees award or a maintenance award or both as the context may require;
;
b
after the definition of “fees” there shall be added the following definition —
“fees award” means an award in respect only of any fees payable by the student other than any element of those fees representing or attributable to charges for his maintenance;
;
c
after the definition of “the Islands” there shall be added the following definition —
“maintenance award” means any award other than a fees award;
.
3
In regulation 7 of the principal regulations the proviso to paragraph (1) and the whole of paragraph (2) shall be deleted.
4
In regulations 10, 13(1) (a) and 16 of the principal regulations there shall be added after the words “Schedule 3” the words “and Schedule 4”.
5
In regulation 13(1) (b) of the principal regulations, there shall be added after the words in brackets the words “or of that paragraph and paragraph 3(1) of Schedule 4”.
6
In paragraph 2 of Schedule 1 to the principal regulations —
1
to the list of assisted establishments there shall be added “Derbyshire College of Higher Education” and “West London Institute of Higher Education”; and
2
in the list of grant aided establishments —
a
for “Cambridge Institute” there shall be substituted “Cambridge Institute of Education”;
b
for “Chester College” there shall be substituted “Chester College of Higher Education”;
c
for “La Sainte Union College” there shall be substituted “La Sainte Union College of Higher Education, Southampton”;
d
“Rolls Royce Technical College, Bristol” shall be deleted;
e
for “St Martins College” there shall be substituted “S. Martins College”;
f
“St Mary’s College, Newcastle-upon-Tyne” shall be deleted;
g
for “St Mary’s College, Twickenham” there shall be substituted “St Mary’s College, Strawberry Hill”;
h
for “Seale Hayne Agricultural College” there shall be substituted “Seale Hayne College”.
7
In Schedule 3 to the principal regulations —
a
for the heading there shall be substituted the heading “MAINTENANCE AWARDS — EXCEPTED CANDIDATES”;
b
in paragraph 1(1) after the words “rules of eligibility for” there shall be added the word “maintenance”;
c
in paragraph 1(2) for the words “an award” there shall be substituted the words “a maintenance award”;
d
in paragraph 2(3) there shall be added after the word “confine” the word “maintenance”.
8
After Schedule 3 to the principal regulations there shall be added the following Schedule —
SCHEDULE 4
FEES AWARDS — EXCEPTED CANDIDATES
1
In this Schedule “the relevant date” means, in relation to a candidate for a fees award, the date of his application therefor, except that, where the maker of the awards is —
a
an education authority, or
b
a further education establishment mentioned in regulation 11(2) (d) ,
it means 1st September, 1st January or 1st April closest to the beginning of the first term of the candidate’s intended course or, as the case may be, of the period for which he would undertake research.
2
1
It shall not be lawful in pursuance of regulation 10 to adopt rules of eligibility for fees awards under section 1(6) of the Education Act 1962 which exclude from eligibility a person who is an excepted candidate within the meaning of Schedule 3.
2
It shall not be lawful in pursuance of regulation 10 to adopt rules of eligibility for fees awards under section 2 of the Education Act 1962 which exclude from eligibility a person who is an excepted candidate within the meaning of this Schedule.
3
It shall not be lawful in pursuance of regulations 13(1) (a) or 16 to adopt rules of eligibility for fees awards which exclude from eligibility a person who is an excepted candidate within the meaning of this Schedule.
3
1
A person who is an excepted candidate within the meaning of Schedule 3 shall be an excepted candidate within the meaning of this Schedule.
2
Subject to paragraph 4 a person who —
a
is a national of a member state of the European Community; or
b
is the son or daughter of such a national
shall be an excepted candidate if he satisfies the conditions mentioned in sub-paragraph (3).
3
The conditions referred to in sub-paragraph (2) are that —
a
he has been ordinarily resident in the territory comprising the European Community and (as regards any period prior to their accession to that Community), the Kingdom of Spain and the Portuguese Republic, throughout the three year period preceding the relevant date; and
b
he has not been resident therein, during any part of that three year period, wholly or mainly for the purpose of receiving full-time education.
4
A candidate who would but for this paragraph be an excepted candidate by virtue of paragraph 3(2) and (3) shall not be an excepted candidate in a case where rules of eligibility confine awards to candidates having a relevant connection with part only of the United Kingdom and Islands and he is, on the relevant date, ordinarily resident in some other part of the United Kingdom and Islands.
5
The condition set out in sub-paragraph 3(3)(a) is satisfied if a person has not been ordinarily resident in the territory comprising the European Community and (as regards any period prior to their accession to that Community) the Kingdom of Spain and the Portuguese Republic, throughout the three year period preceding the relevant date only because he, his spouse or his parent was temporarily employed outside that territory or only because he or his spouse was temporarily receiving full-time education outside that territory.
.
Kenneth Baker
Secretary of State for Education and Science
28th July 1987


text:
Citation and Commencement
1
These Regulations may be cited as the Insurance Companies (Mergers and Divisions) Regulations 1987, and shall come into force on 1st January 1988
Amendment of Insurance Companies Act 1982
2
1
Section 49 of the Insurance Companies Act 1982 (sanction of court for transfer of long term business) shall be amended as follows.
2
The following subsection shall be inserted after subsection (1) —
1A
If any such scheme involves a compromise or arrangement falling within section 427A(1) of the Companies Act or Article 420A(1) of the Companies (Northern Ireland) Order 1986 (application of provisions about compromises and arrangements to mergers and divisions of public companies), the following provisions, namely —
a
sections 425 to 427 of that Act, or
b
Articles 418 to 420 of that Order,
shall have effect, as regards that compromise or arrangement, as provided by section 427A(1) or Article 420A(1) (as the case may be), but without prejudice to the operation of the provisions of this section in relation to the scheme.
3
The following paragraph shall be added at the end of subsection (3) —
e
in the case of any such scheme as is mentioned in subsection (1A) above, that copies of the documents listed in paragraph 6(1) of Schedule 15A to the Companies Act or in paragraph 6(1) of Schedule 15A to the Companies (Northern Ireland) Order 1986 had been served on the Secretary of State by the beginning of the period referred to in paragraph 3(e) of that Schedule.
4
In subsection (7), for the words from “and no” to “or members)” there shall be substituted “and, except in the case of any such scheme as is mentioned in subsection (1A) above, no order shall be made under any of the provisions specified in paragraph (a) or (b) of that subsection”.
Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry
7th December 1987


text:
Citation and commencement
1
This Order may be cited as the London Regional Transport (Levy) Order 1987 and shall come into force on the day after it is made.
Interpretation
2
In this Order —
“the 1984 Act ” means the London Regional Transport Act 1984;
“the year 1987/8” means the period of twelve months beginning with 1st April 1987;
“the estimated grant” means the Secretary of State’s estimated expenditure in the year 1987/8 on grants to London Regional Transport under section 12 of the 1984 Act;
“the ratepayer proportion” means the proportion of the estimated grants which it appears to the Secretary of State appropriate to recover from the ratepayers of Greater London;
“the estimated penny rate product of a rating area” means, in relation to the rating areas listed in the left hand column of the Schedule (which are the rating areas comprised in Greater London) an estimate of the amount, calculated as provided in section 12(4) of the General Rate Act 1967 , which would be produced by a rate of a penny in the pound levied in the rating area in question and each such estimate (which has been transmitted to the Secretary of State pursuant to section 12(4) of that Act) is shown in the right hand column of the Schedule opposite the rating area to which it relates; and
“the estimated penny rate product of Greater London” means the total of the estimated penny rate products of the rating areas comprised in Greater London (shown at the bottom of the right hand column of the Schedule).
Amount in the pound
3
The amount in the pound for the purpose of section 13(4) of the 1984 Act in respect of the year 1987/8 shall be 7·77 pence.
Factors taken into account
4
The factors taken into account in determining the amount in the pound specified in article 3 are as follows —
1
the estimated grant which is £239 million;
2
the ratepayer proportion which is 65·63%; and
3
the estimated penny rate product of Greater London which is £20,186,201.
Method of calculation
5
The method of calculation employed in determining the amount in the pound specified in article 3 is as follows —
1
the unrounded amount in the pound is obtained by the formula
the estimated grant × the ratepayer proportion the estimated penny rate product of Greater London
and accordingly the calculation is —
£ 239 , 000 , 000 × 0·6563 £ 20 , 186 , 201 = 7·7704417 pence;
2
the unrounded amount in the pound is rounded to two places of decimals to give 7·77 pence.
John Moore
Secretary of State for Transport
3rd February 1987


text:
Citation and Commencement
1
These Regulations may be cited as the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) Regulations 1987 and shall come into force on 1st April 1987.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Town and Country Planning Act 1971;
“conservation area consent” means consent required by section 277A(2) of the Act;
“local planning authority” means —
in regulation 11, the council of a district, the council of a London borough or (as respects Greater London) the Historic Buildings and Monuments Commission for England;
in regulation 13, the council of a district or county or the council of a London borough; and
elsewhere in these Regulations, the council of a district or the council of a London borough.
Applications for listed building consent or for conservation area consent
3
1
An application to a local planning authority for listed building consent or for conservation area consent shall be made on a form issued by the local planning authority and obtainable from that authority and shall, subject to regulation 7, be lodged with the local planning authority together with two further copies of the form, plans and drawings.
2
On receipt of any such application with a certificate under regulation 6 the local planning authority shall send to the applicant an acknowledgement thereof in the terms (or substantially in the terms) set out in Part I of Schedule 1 hereto.
3
Where, after the sending of an acknowledgement as required by paragraph (2) above, the local planning authority form the opinion that the application is invalid by reason of failure to comply with the requirements of paragraph (1) above or with any other statutory requirement, they shall as soon as may be notify the applicant that his application is invalid.
4
Where a valid application under paragraph (1) above has been received by a local planning authority, the period within which the authority shall give notice to an applicant of their decision or of the reference of an application to the Secretary of State shall be 8 weeks from the date when the form of application and the certificate under regulation 6 were lodged with the local planning authority or (except where the applicant has already given notice of appeal to the Secretary of State) such extended period as may at any time be agreed upon in writing between the applicant and the local planning authority.
5
Every such notice of decision or reference to the Secretary of State shall be in writing and where the local planning authority decide to grant listed building consent or conservation area consent subject to conditions or to refuse it, the notice shall state the reasons for the decision and shall be accompanied by a notification in the terms (or substantially in the terms) set out in Part II of Schedule 1 hereto.
Applications to vary or discharge conditions attached to listed building consent or conservation area consent
4
1
An application to a local planning authority by a person interested in a building for the variation or discharge of conditions attached to a listed building consent or conservation area consent granted in respect of that building, shall be made on a form issued by the local planning authority and obtainable from that authority, and shall, subject to regulation 7, be lodged with the local planning authority together with two further copies of the form, plans and drawings.
2
Regulations 3(2) to 3(5) shall have effect in relation to an application under this regulation as they have effect in relation to an application under regulation 3(1), except that for the reference in regulation 3(5) to a notification in the terms set out in Part II of Schedule 1, there shall be substituted a reference to a notification in the terms set out in Part III of that Schedule.
Advertisement of applications
5
1
Subject to paragraph (3) below, where an application under regulation 3 or 4 is made to a local planning authority in respect of any building the authority shall —
a
publish in a local newspaper circulating in the locality in which the building is situated a notice indicating the nature of the works which are the subject of the application and naming a place within the locality where a copy of the application, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during the period of 21 days beginning with the date of publication of the notice; and
b
for not less than 7 days display on or near the said building a notice containing the same particulars as are required to be contained in the notice to be published in accordance with sub-paragraph (a) above.
2
Subject to paragraph (3) below, an application under regulation 3 or 4 shall not be determined by the local planning authority before both of the following periods have elapsed, namely —
a
the period of 21 days referred to in sub-paragraph (a) of paragraph (1) above; and
b
the period of 21 days beginning with the date on which the notice required by sub-paragraph (b) of the said paragraph (1) was first displayed;
and in determining the application the authority shall take into account any representations relating to the application which are received by them before both of those periods have elapsed.
3
Paragraphs (1) and (2) above shall not apply to any application for —
a
listed building consent to carry out works affecting only the interior of a building which when last notified to the authority by the Secretary of State as a building of special architectural or historic interest was classified as a Grade II (unstarred) listed building; or
b
the variation or discharge of conditions attached to a listed building consent in respect of the interior of such a Grade II (unstarred) listed building.
Certificates to accompany applications and appeals
6
1
A local planning authority shall not entertain any application under regulation 3 or 4 unless it is accompanied by one or other of the following certificates signed by or on behalf of the applicant, that is to say —
a
a certificate stating that at the beginning of the period of 21 days ending with the date of the application, no person (other than the applicant) was the owner of the building to which the application relates;
b
a certificate stating that the applicant has given the requisite notice of the application to all persons (other than the applicant) who, at the beginning of the period of 21 days ending with the date of the application, were owners of the building to which the application relates, and setting out the names of those persons, the addresses at which notice of the application was given to them respectively, and the date of service of each such notice;
c
a certificate stating that the applicant is unable to issue a certificate in accordance with either of the preceding sub-paragraphs, that he has given the requisite notice of the application to such one or more of the persons mentioned in the last preceding sub- paragraph as are specified in the certificate (setting out their names, the addresses at which notice of the application was given to them respectively, and the date of service of each such notice) that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons and that he has been unable to do so;
d
a certificate stating that the applicant is unable to issue a certificate in accordance with sub-paragraph (a) above, that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in sub- paragraph (b) of this paragraph and that he has been unable to do so.
2
Any such certificate as is mentioned in sub-paragraph (c) or sub-paragraph (d) of paragraph (1) above shall also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in the certificate (being a date not earlier than the beginning of the period mentioned in sub-paragraph (b) of paragraph (1) above) been published in a local newspaper circulating in the locality in which the building is situated.
3
Where an application under regulation 3 or 4 is accompanied by such a certificate as is mentioned in sub-paragraph (b), sub- paragraph (c), or sub-paragraph (d) of paragraph (1) above, the local planning authority shall not determine the application before the end of the period of 21 days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate, or the date of publication of a notice as therein mentioned, whichever is the later.
4
Where an application under regulation 3 or 4 is accompanied by such a certificate as is mentioned in sub-paragraph (b), sub- paragraph (c), or sub-paragraph (d) of paragraph (1) above, the local planning authority —
a
in determining the application, shall take into account any representations relating thereto which are made to them, before the end of the period mentioned in paragraph (3) above, by any person who satisfies them that he is an owner of the building to which the application relates, and
b
shall give notice of their decision to every person who has made representations which they were required to take into account in accordance with the preceding sub-paragraph.
5
For the purposes of this regulation,“owner” in relation to any building, means a person who is for the time being the estate owner in respect of the fee simple in the building or who is entitled to a tenancy of the building granted or extended for a term of years certain of which not less than seven years remain unexpired.
6
The provisions of this regulation shall apply, with any necessary modifications, where an application under regulation 3 or 4 is referred (or is deemed to have been referred) to the Secretary of State under paragraph 4 of Schedule 11 to the Act or in relation to an appeal to the Secretary of State under paragraph 8 or paragraph 9 of that Schedule as they apply in relation to an application which falls to be determined by the local planning authority.
7
Certificates issued for the purposes of this regulation shall be in the forms set out in Part 1 of Schedule 2 hereto.
8
The requisite notices for the purposes of the provisions of this regulation in relation to applications shall be in the forms set out in Part II of Schedule 2 hereto.
9
The requisite notices for the purposes of the provisions of this regulation in relation to appeals shall be in the forms set out in Part III of Schedule 2 hereto.
Applications in National Parks
7
1
An application under regulation 3 or 4 as respects a building situated in an area of a National Park outside a metropolitan county shall be made to the council of the district who shall send it on, together with all accompanying documents required by these Regulations, to the body authorised to exercise the functions relating to such application (being the council of the county, the joint planning board or the special planning board, as the case may be).
2
An application under regulation 3 or 4 as respects a building situated in an area of a National Park within a metropolitan county shall be made to the joint planning board.
Appeals
8
1
An applicant who desires to appeal —
a
against a decision of a local planning authority —
i
refusing listed building consent or conservation area consent or granting either such consent subject to conditions, or
ii
refusing to vary or discharge the conditions attached to a listed building consent or a conservation area consent, or in respect of the addition of new conditions consequential upon any such variation or discharge; or
b
on the failure of a local planning authority to give notice of their decision or of the reference of the application to the Secretary of State;
shall give notice of appeal to the Secretary of State (on a form obtained from the Secretary of State) within six months of notice of the decision or of the expiry of the appropriate period allowed under regulation 3(4), as the case may be, or such longer period as the Secretary of State may at any time allow.
2
Such a person shall also furnish to the Secretary of State a copy of each of the following documents —
i
the application;
ii
all relevant plans, drawings, particulars and documents submitted with the application, including a copy of the certificate given in accordance with regulation 6;
iii
the notice of the decision, if any;
iv
all other relevant correspondence with the local planning authority.
Claims for compensation and listed building purchase notices
9
1
A claim for compensation made to a local planning authority under sections 171(2), 172(1), 173(3) of the Act, or a listed building purchase notice served on the council of a district, or on the Common Council or on the council of a London borough under section 190 of the Act, shall be in writing and shall be served on that authority or council by delivering it at the offices of the authority or council addressed to the clerk thereof, or by sending it so addressed by prepaid post.
2
The time within which any such claim or notice as is mentioned in paragraph (1) above shall be served shall be —
a
in the case of a claim for compensation, 6 months; and
b
in the case of a listed building purchase notice, 12 months from the date of the decision in respect of which the claim or notice is made or given, or such longer period as the Secretary of State may allow in any particular case.
Advertisement of unopposed revocation or modification order
10
Where by virtue of the provisions of paragraph 12(2) of Schedule 11 to the Act the making of an order under paragraph 10 of that Schedule in respect of works to a building is required to be advertised, the local planning authority shall publish the advertisement in a local newspaper circulating in the area in which the building is situated.
Application of the Public Health Act 1936 to listed building enforcement notices
11
The provisions of sections 276, 289 and 294 of the Public Health Act 1936 shall apply in relation to steps required to be taken by a listed building enforcement notice, as if —
a
references to a local authority were references to a local planning authority;
b
references (in whatever form) to the execution of works under the said Act of 1936 were references to the taking of steps required to be taken under the notice;
c
references in the said section 289 to the occupier were references to a person having an interest in the premises other than the owner; and
d
the reference in the said section 294 to“expenses under this Act” were a reference to expenses incurred in the taking of such steps as aforesaid.
Demolition of unlisted buildings in conservation areas
12
In their application to buildings to which section 277A of the Act applies, the provisions of the Act which are set out in column (1) of Schedule 3 hereto shall have effect as they have effect in relation to listed buildings subject to —
a
the substitution of“conservation area consent” for any reference to“listed building consent”, the substitution of“conservation area enforcement notice” for any reference to“listed building enforcement notice”, and the substitution of“conservation area purchase notice” for any reference to“listed building purchase notice”; and
b
the exceptions and additional modifications (if any) set out opposite such provisions in column 2 of that Schedule.
Applications by local planning authorities
13
1
In relation to applications by local planning authorities relating to the execution of works for the demolition, alteration or extension of listed buildings or for the demolition of unlisted buildings in conservation areas, the provisions of the Act specified in Part VI of Schedule 21 to the Act shall have effect subject to the exceptions and modifications prescribed in this regulation.
2
Where a local planning authority require listed building consent for the demolition, alteration or extension of a listed building in their area or conservation area consent for the demolition of a building within a conservation area in their area, the authority shall, subject to paragraph (7) below, make application to the Secretary of State for that consent.
3
Any such application shall be in the form of an application to the local planning authority, and shall be deemed to have been referred to the Secretary of State under paragraph 4 of Schedule 11 to the Act and the provisions of the said paragraph shall apply to the determination of the application by the Secretary of State.
4
Where a local planning authority have made an application for consent under paragraph (2) above they shall, before sending it to the Secretary of State —
a
publish in a local newspaper circulating in the locality in which the building is situated a notice indicating the nature of the works which are the subject of the application and naming a place within the locality where a copy of the application, and of all the plans and other documents which it is intended to submit to the Secretary of State with it, will be open to inspection by the public at all reasonable hours during the period of 21 days beginning with the date of publication of the notice; and
b
for not less than 7 days display on or near the said building a notice containing the same particulars as are required to be contained in the notice to be published in accordance with sub-paragraph (a) above.
5
Paragraph (4) above does not apply to any application by a local planning authority relating to works affecting only the interior of a building which when last notified to the authority by the Secretary of State as a building of special architectural or historic interest was classified as a Grade II (unstarred) listed building.
6
An application by a local planning authority to the Secretary of State under paragraph (2) above shall be accompanied by a copy of all representations duly made in relation thereto.
7
An application by the council of a county to the Secretary of State under paragraph (2) above, together with any accompanying documents required by this regulation, shall be made to the council of the district who shall forthwith send it on to the Secretary of State.
8
In relation to a listed building, or a building in a conservation area, belonging to a local planning authority, the Secretary of State may serve any notice authorised to be served by a local planning authority in relation to a listed building or a building in a conservation area.
Form of notice that a building has become, or ceased to be, listed
14
The forms set out in Schedule 4 hereto (or forms substantially to the like effect) are the prescribed forms of notice for the purposes of section 54(7) of the Act.
Consequential amendments
15
The Town and Country Planning (Crown Land Applications) Regulations 1984 shall be amended as follows —
a
in regulation 2, for“Regulations 1977” there shall be substituted“Regulations 1987”;
b
in the right hand column of the Schedule (opposite the reference to“Regulation 3(2)”), for the words“regulation 5” in each of the places were they occur there shall be substituted“regulation 6”; and
c
in the left hand column of the Schedule, for“Regulation 5” there shall be substituted“Regulation 6”, and in the inserted paragraph“(1A)” in the appropriate modification in the opposite part of the right hand column of that Schedule, after the words“listed building consent” there shall be inserted the words“or conservation area consent”.
Revocations
16
The Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) Regulations 1977 and paragraphs 5 and 6 of Schedule 1 to the Town and Country Planning (Local Government Reorganisation) (Miscellaneous Amendments) Regulations 1986 are hereby revoked.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Schemes (Voluntary Contributions Requirements and Voluntary and Compulsory Membership) Regulations 1987 and shall come into force —
a
for the purposes of personal pension schemes on 4th January 1988; and
b
for the purposes of occupational pension schemes on 6th April 1988.
2
In these Regulations, except where the context otherwise requires —
“ the Act ” means the Social Security Act 1986;
“normal pension age” and “public service pension scheme” shall be construed in accordance with section 66(1) of the Social Security Pensions Act 1975 ;
“pensionable service” and “relevant employment” shall be construed in accordance with Schedule 16 to the Social Security Act 1973 ;
“scheme” means a personal or occupational pension scheme;
“secondary Class 1 contribution” shall be construed in accordance with section 4 of the Social Security Act 1975 ;
and other expressions have the same meaning as in the Act.
3
In these Regulations, except where the context otherwise requires, any reference to a numbered section is to the section of the Act bearing that number.
Exceptions to section 12(1)
2
1
Section 12(1) (voluntary contributions requirements) shall not apply to the rules of any public service pension scheme unless it is an exempt approved scheme for the purposes of section 21 of the Finance Act 1970 .
2
Section 12(1) shall not apply to the rules of any personal pension scheme in so far as it is comprised in an annuity contract made before 4th January 1988.
3
Section 12(1)(a) and (b) shall not apply to the rules of any scheme in so far as they relate to the payment by a member of any sum as voluntary contributions where that payment would not qualify for relief from tax in accordance with section 21(4) or 22(2) of the Finance Act 1970 .
4
Section 12(1)(a) and (b) shall not apply to the rules of any scheme in so far as they provide that a member of the scheme must give the trustees or managers of the scheme notice, of a period not exceeding 12 months, of his intention to pay voluntary contributions at a specified rate or to vary that rate.
5
Section 12(1)(a) and (b) shall not apply to the rules of any personal pension scheme in so far as they relate to a member whose rights under the scheme derive only from one or more transfer payments.
6
Section 12(1)(a) and (b) shall not apply to the rules of any occupational pension scheme (“the first scheme”) in so far as they relate to a member —
a
in respect of whose current pensionable service the scheme will provide benefit only on his death; or
b
whose pensionable service either has not begun or has terminated; or
c
who is either within one year of reaching, or has reached, normal pension age; or
d
who is, or is eligible to become, a member of at least one other occupational pension scheme which applies to the same employment as the first scheme and which —
i
if he is a member of it, complies in relation to him, or, if he is not a member of it, would comply in relation to him if he were, with the voluntary contributions requirements, and
ii
is not a scheme which, if he is a member of it, falls in relation to him, or, if he is not a member of it, would fall in relation to him if he were, to be regarded as a scheme excepted from the application of section 12(1)(a) and (b) by virtue of paragraph (1), (2), (5) or (6)(a), (b) or (c) of this regulation.
7
Section 12(1)(b) shall not apply to the rules of any scheme in so far as they impose, or allow any person to impose, a lower limit on the payment by a member of voluntary contributions in respect of any tax year if that lower limit is not higher than the amount specified in paragraph (8) of this regulation.
8
The amount last mentioned in paragraph (7) of this regulation is 0.5 per cent. of the member’s earnings in that tax year, or, if it is greater, 3 times the lower earnings limit (within the meaning of section 1 of the Social Security Pensions Act 1975 for that tax year.
9
In paragraph (8) of this regulation, “member’s earnings” means —
a
in the case of a member of a personal pension scheme, his earnings attributable to his employment as an employed earner; or
b
in the case of a member of an occupational pension scheme, his earnings attributable to his relevant employment,
in respect of which secondary Class 1 contributions are payable.
10
Section 12(1)(b) shall not apply to the rules of any scheme in so far as they impose, or allow any person to impose, an upper limit on the payment by a member of voluntary contributions which is equivalent to the maximum amount which, ignoring any remuneration in kind, could be paid in any period without prejudicing the qualification of the scheme for tax-exemption or tax-approval.
11
Section 12(1)(c) and (d) shall not apply to the rules of any scheme in relation to a member’s voluntary contributions to the extent that those contributions are paid under an agreement —
a
which was made before the date on which section 12 came into force; and
b
which has not, since that date, been varied.
12
Section 12(1)(d)(ii) shall not apply to the rules of any scheme to the extent that the additional benefits provided in accordance with them are money purchase benefits.
Exceptions to section 15(1)(a)
3
Section 15(1)(a) (terms of contracts of service or schemes restricting choice to be void) shall not apply to any term of a contract of service or any rule of an occupational pension scheme to the effect that an employed earner must be a member of a particular occupational pension scheme or one or other of a number of particular occupational pension schemes, during any period when that scheme is, or those schemes are, so framed that in relation to that period —
a
the earner in question is not required to pay contributions to the scheme, and
b
the scheme will provide benefit in respect of that earner only on his death.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
25th June 1987


text:
Citation and commencement
1
This Order may be cited as the Building Societies (Provision of Services) Order 1987 and shall come into operation on 5th March 1987.
Interpretation
2
In this Order, “ the Act ” means the Building Societies Act 1986.
Variation of restrictions in relation to certain services
3
1
This Article varies Part III of Schedule 8 to the Act as follows.
2
In paragraph 5 (arranging for investment services), before “Arranging” there shall be inserted “(1)” and after “individuals” there shall be inserted the following sub-paragraph —
2
The power to arrange for the provision of investment services does not include power —
a
to buy or sell any investment, either as principal or agent, or
b
to give advice concerning any investment.
.
3
In place of paragraph 7 (arranging for the provision of credit), there shall be substituted the following paragraph —
7
Arranging for the provision of credit and connected services is restricted to their provision by —
a
any recognised bank or licensed institution;
b
any body corporate connected with the person arranging for the services to be provided; or
c
any other body for the time being approved for the purposes of this Schedule by the Commission, whether in relation to all building societies, to specified classes of building society, or to a particular building society.
.
4
In paragraph 12 (conditions applying to estate agency subsidiaries), after sub-paragraph (c) there shall be added the following sub-paragraph —
d
its business must not include any activity which the society could not undertake by reason of the fact that —
i
the society has not adopted a particular adoptable power, whether because the power is not available to it or for any other reason, or
ii
the activity would be in contravention of a restriction upon the extent of a power the society has adopted, being either a restriction specified in this Part of this Schedule and relating to a power to provide a financial service or a restriction assumed by the society.
.
5
In place of paragraph 13 (prohibition on acting as agent for estate agency subsidiary), there shall be substituted the following paragraph —
13
No employee of a building society whose duties include —
a
making a report on the value of land which is to secure an advance,
b
making an assessment of the adequacy of the security for an advance to be secured on land, or
c
authorising the making of an advance to be secured on land,
shall perform any service for any subsidiary of the society which provides estate agency services.
.
Variation of supplementary provisions
4
1
This Article varies Part IV of Schedule 8 to the Act as follows.
2
After paragraph 4, there shall be inserted the following paragraphs —
Provision of credit by connected bodies
4A
1
For the purposes of paragraph 7(b) of Part III of this Schedule, a body corporate is connected with a person arranging for credit and connected services to be provided if and only if —
a
one is a building society and the other is a subsidiary or relevant associated body of that society; or
b
both are subsidiaries of the same building society.
2
For the purposes of sub-paragraph (1) above an associated body of a building society which is not a corresponding European body as referred to in section 18(2)(b) of this Act is a relevant associated body of that society.
Subsidiaries providing estate agency services
4B
For the purpose of determining whether the condition in paragraph 12(d) of Part III of this Schedule is fulfilled as regards a subsidiary of a building society, the continuation, during the first fifteen months following the date on which an undertaking became or the business of an undertaking was transferred to a subsidiary of the society, of any activity carried on as part of the business of the undertaking immediately before that date shall be disregarded.
.
3
In paragraph 5 (sanctions for breach of restrictions), in place of “acts as agent” there shall be substituted “performs any service”.
In witness whereof the common seal of the Building Societies Commission is hereto fixed, and is authenticated by me, a person authorised under paragraph 14 of Schedule 1 to the Building Societies Act 1986 on 5th February 1987.
G. M. Binns
Secretary to the Commission


text:
1
The North East of Birmingham — Nottingham Trunk Road — The Birmingham — Nottingham Route (Appleby Magna to Kegworth Section and Slip Roads) No. 1 Order 1982 is hereby varied as follows: —
a
for article 2 there is substituted the following article: —
2
The centre line of the main new trunk road and the centre line of each of the slip roads described in paragraph 1 of Schedule 2 to this Order is shown by a heavy black line on the deposited plan. The centre line of each of the slip roads described in paragraph 2 of that Schedule is shown by a heavy black line on the second deposited plan.
;
b
in article 4, after the definition of “the deposited plan”, there is inserted the following new definition: —
“the second deposited plan” means the plan numbered HA10/EM18 marked “The North East of Birmingham — Nottingham Trunk Road The Birmingham — Nottingham Route (Appleby Magna to Kegworth Section and Slip Roads) (Variation) Order 1987”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY;
c
in Schedule 2
i
for paragraph 2 there is substituted the following paragraph: —
2
Four routes numbered 3, 4, 5 and 6 on the deposited plan to connect the north-east bound and south-west bound carriageways of the main new trunk road with the A453 trunk road south of Ashby-de-la-Zouch, as proposed to be improved
; and
ii
paragraph 3 is deleted.
2
This Order shall come into force on 10th April 1987 and may be cited as the North East of Birmingham — Nottingham Trunk Road The Birmingham — Nottingham Route (Appleby Magna to Kegworth Section and Slip Roads) (Variation) Order 1987.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
19th March 1987


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of Court Amendment No. 2) (Solicitors' Fees) 1987 and shall come into force on 8th June 1987.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of solicitors' fees
2
1
In rule 347 of the Rules of the Court of Session (fees of solicitors)( ), in Chapters I and III of the Table of Fees, for the fees specified in column 2 of the Schedule to this Act of Sederunt in relation to the paragraphs specified in column 1 of that Schedule there shall be substituted the fees specified in column 3 of that Schedule.
2
Notwithstanding sub-paragraph (1) of this paragraph, the fees specified in column 2 of the Schedule to this Act of Sederunt shall continue to have effect in respect of work done before the coming into force of this Act of Sederunt.
3
In paragraph 6 of Chapter I of the Table of Fees in rule 347, for the last item (telegrams or telephone calls etc. ), substitute the following items:–
Telephone calls (except under the next item) £1.80 Telephone calls (lengthy) to be treated as attendances or long letters.
.
Emslie
Lord President, I.P.D.
Edinburgh
8th May 1987