text:
Title and commencement
1
These Regulations may be cited as the Meat Inspection Regulations 1987, and shall come into force on 5th February 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“animals” means bovine animals (including buffalo), swine, sheep, goats and solipeds;
“blood” means blood derived from an animal;
“carcase” means the body of a dead animal;
“examine in detail” means examine by making multiple deep incisions;
“inspector” means a person authorised or deemed to be authorised under the Food Act 1984 to act in relation to the examination and seizure of meat;
“local authority” means —
as respects the City of London, the Common Council; and
as respects any district or London borough, the council of the district or borough;
“offal” means any part of a dead animal removed from the carcase in the process of dressing it, but does not include the hide or skin;
“slaughterhouse” means a place for slaughtering animals, the flesh of which is intended for sale for human consumption, and includes any place available in connection therewith for the confinement of animals while awaiting slaughter there or for keeping, or subjecting to any treatment or process, products of the slaughtering of animals there, but does not include any place available in connection with a slaughterhouse and used solely for the manufacture of bacon, ham, sausage, meat pies or other manufactured meat products or for the storage of meat used in such manufacture.
2
Except in so far as the context otherwise requires, 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
Nothing in these Regulations shall be construed as derogating from the provisions of the Animal Health Act 1981 or of any order made thereunder.
Duty of inspection
3
Subject to the provisions of this regulation, every local authority shall arrange for the inspection by an inspector in accordance with these Regulations of —
a
the carcase of every animal slaughtered within their district for sale for human consumption not being a carcase which is removed from their district pursuant to the proviso to regulation 8(2);
b
every carcase removed to a place within their district pursuant to the proviso to regulation 8(2).
Control of times of slaughter
4
1
Subject to the provisions of this regulation, a local authority within whose district a private slaughterhouse is situated may —
a
determine the days on which, and the hours in those days between which, animals may be slaughtered in that slaughterhouse; and
b
vary the days and hours so determined.
2
In determining, or varying, the times of slaughter at a slaughterhouse the local authority shall have regard to —
a
the nature and extent of the business carried on at that slaughterhouse;
b
the need to avoid demands on local authority manpower which are disproportionate to the size of the business conducted at that slaughterhouse;
c
the need to secure adequate meat inspection for the purposes of these Regulations or the need to secure adequate meat inspection and supervision for the purposes of the Fresh Meat Export (Hygiene and Inspection) Regulations 1987 , as appropriate;
d
the need to provide for continuous meat inspection for the purposes of these Regulations where this is necessary to maintain the flow of production and to avoid disruption of essential trade requirements;
e
the fluctuating needs of the market; and
f
the perishable nature of meat.
3
Before determining or varying the times of slaughter at a slaughterhouse the local authority shall consult the occupier of that slaughterhouse and any other person who slaughters animals there with the occupier’s consent.
4
The local authority shall give written notice of any determination or variation of the times of slaughter at a slaughterhouse to the occupier of that slaughterhouse, and to any other person who has been consulted in accordance with paragraph (3) of this regulation.
5
Any such determination or variation shall have effect at the expiration of one month beginning with the date of the said notice unless an objection is made under paragraph (6) of this regulation before the determination or variation to which it relates has come into effect.
6
A person who has been given notice in accordance with the provisions of paragraph (4) of this regulation may make objection to the local authority in writing that in determining or varying the times of slaughter at a slaughterhouse the local authority have not had proper regard to the factors set out in paragraph (2) of this regulation or that due to a change of circumstance the local authority should vary in accordance with those factors the times of slaughter previously determined or varied by them, whereupon the local authority shall reconsider the determination or variation having regard to those factors.
7
The local authority shall give written notice of any further determination or variation or, where there is none, of their decision to maintain their previous determination or variation to the occupier of the slaughterhouse concerned, and to any other person who slaughters animals there with the occupier’s consent.
8
Any such further determination or variation or any such decision shall not have effect before the expiration of 21 days beginning with the date of the said notice and, where an appeal is made to a Magistrates' Court under paragraph (9) of this regulation before the further determination or variation or decision to which it relates has come into effect, that further determination or variation or decision shall continue not to have effect until the expiration of fourteen days beginning with the date of the dismissal by the Magistrates' Court of that appeal.
9
A person who has been given notice in accordance with paragraph (7) of this regulation may appeal to a Magistrates' Court on the ground that in determining or varying, or in refusing to vary, the times of slaughter at a slaughterhouse, the local authority have not had proper regard to the factors set out in paragraph (2) of this regulation.
10
Subject to paragraph (11) of this regulation, no person shall slaughter or cause to be slaughtered without the previous consent of the local authority any animal in any slaughterhouse for which times of slaughter have for the time being been determined under this regulation at any time other than during the days and hours so determined.
11
The provisions of paragraph (10) of this regulation shall not apply in relation to any animal whose immediate slaughter is necessary by reason of accidental injury, illness, exposure to infection or other emergency affecting that animal or by reason of the provisions of regulation 18 of the Slaughter of Animals (Prevention of Cruelty) Regulations 1958 .
Notice of slaughter
5
1
Subject to the provisions of these Regulations, no person shall slaughter, or cause to be slaughtered, any animal for sale for human consumption unless he has not less than 24 hours before the time of slaughter informed the local authority within whose district the place of slaughter is situated of the day and time and of the place on and at which the slaughter will take place:
Provided that —
a
where it is the regular practice in any slaughterhouse to slaughter animals at fixed times on fixed days and written notice of this practice has been given to the local authority this shall as respects any animal slaughtered in accordance with such practice be regarded as adequate compliance with the foregoing requirement if and so long as the local authority give their approval;
b
where by reason of accidental injury, illness, exposure to infection or other emergency affecting that animal or by reason of the provisions of regulation 18 of the Slaughter of Animals (Prevention of Cruelty) Regulations 1958, it is necessary that an animal should be slaughtered without delay, the provisions of this regulation shall be deemed to be satisfied if the local authority is informed of the slaughter as soon as reasonably possible, whether before or after the slaughter takes place.
2
This regulation shall not apply in any case where an animal is slaughtered in a slaughterhouse under the management of a local authority or a joint board constituted under the Public Health Act 1936 .
Dressing of carcases
6
1
Every person who slaughters, or causes to be slaughtered, in a slaughterhouse any animal for sale for human consumption shall ensure that the carcase is dressed immediately after the animal has been slaughtered and that the provisions of paragraph (2) of this regulation are complied with.
2
The carcase shall be dressed and treated in such a manner as not to prevent or hinder inspection in accordance with these Regulations and in particular —
a
where back bleeding ensues upon the slaughter of an animal the pleura shall not be completely detached from the carcase until an inspector authorises the removal of the pleura;
b
no action shall be taken which might alter or destroy any evidence of disease except on the instructions of an inspector;
c
subject to the provisions of regulation 8(3), the offal, other than the feet of any animal, shall after removal from the carcase, be so kept as to remain readily indentifiable with the carcase until that carcase has been inspected by an inspector; and the feet of any animal shall be kept available for inspection in the slaughterhouse until an inspector authorises their removal;
d
any blood intended for human consumption shall be collected and placed in a clean receptacle provided for that purpose and shall be so kept as to remain readily identifiable with the carcases from which it was collected until these carcases have been inspected by an inspector.
Notification of disease or unsoundness
7
1
Where on the slaughter of any animal for sale for human consumption it appears that any part of the carcase is or may be diseased or unsound, the person by whom or on whose behalf the animal was slaughtered shall forthwith inform the local authority of that fact.
2
This regulation shall not apply in any case where an animal is slaughtered in a slaughterhouse under the management of a local authority or a joint board constituted under the Public Health Act 1936.
Restriction on removal of carcases
8
1
Subject to the provisions of this regulation, no person shall remove, or cause or permit to be removed, from a slaughterhouse any blood intended for human consumption or any carcase or part of a carcase or any offal until it has been inspected in accordance with these Regulations and, in the case of any carcase or part of a carcase which has been so inspected and passed as fit for human consumption by an inspector, until it has been marked in accordance with regulation 11.
2
Subject to the provisions of this regulation, where by reason of accidental injury, illness, exposure to infection or other emergency affecting any animal, that animal has been slaughtered for sale for human consumption in any place other than a slaughterhouse, no person shall remove, or cause to be removed, from the place of slaughter the carcase of that animal or any part thereof or any offal removed therefrom, or any blood collected from that carcase and intended for human consumption, until it has been inspected in accordance with these Regulations and, in the case of any carcase or part of a carcase which has been so inspected and passed as fit for human consumption by an inspector, until it has been marked in accordance with regulation 11:
Provided that where any animal to which this paragraph applies has been slaughtered in a place which is unsuitable for retaining a carcase, the carcase may be removed to some convenient place for inspection in accordance with these Regulations, but the information required to be given under regulation 5 shall be given to the local authority in whose district that place of inspection is situated and regulation 5 and this paragraph shall have effect as if that place were substituted for the place of slaughter.
3
The following parts of a carcase shall be discarded immediately after slaughter —
a
in the case of sheep and goats, the head (including the tongue and brains), if it is not intended for human consumption;
b
the penis, if an inspector is satisfied that it shows no pathological symptom or lesion.
Restriction on the use of a slaughterhouse
9
No person shall use, or cause to be used, a slaughterhouse for the slaughter of any animal not intended for human consumption, or the dressing of the carcase of any such animal.
Inspection of meat
10
1
Every inspection made in pursuance of regulation 3 shall be made in accordance with the provisions of Schedule 1 and, so far as is practicable, shall be made while the carcase is being dressed.
2
In determining whether he is satisfied that any carcase, part of a carcase, or any offal or blood is fit for human consumption the inspector shall have regard to the provisions of Schedule 2.
3
For the purpose of such an inspection of the carcase, offal or blood of any animal, the inspector may, if he thinks fit, require specimens from that carcase, offal or blood to be submitted for laboratory examination.
Marking of carcases
11
1
Where after inspection in accordance with these Regulations an inspector is satisfied that a carcase or part of a carcase is fit for human consumption, he shall mark that carcase or, as the case may be, that part of the carcase, with a mark of the kind, and in the appropriate manner, described in Schedule 3:
Provided that in every case where the inspector is not so satisfied in relation to any part of a carcase he shall not mark any part of that carcase until the part in relation to which he is not satisfied has been removed.
2
No person other than an inspector shall in relation to any carcase or part of a carcase make use of any mark of the kind described in Schedule 3.
3
No person shall make use of any mark so resembling a mark used by an inspector in accordance with these Regulations as to be calculated to deceive.
Notification to local authority and marking of certain meat placed in cold storage
12
1
Every person who causes any part of a carcase or any offal to be placed in cold storage for the purposes of paragraph 7(b) of Schedule 2 shall, at the same time as he causes it to be so placed, give notice to the local authority within whose district the cold store is situated, in such form as the local authority may require, of the date of the placing and the period for which it is intended that the part of a carcase or offal, as the case may be, will remain in cold storage.
2
Where an inspector is satisfied that the said part of a carcase is fit for human consumption, he shall mark it in accordance with the last foregoing regulation.
Charges by local authorities for meat inspection
13
1
Subject to paragraph (4) of this regulation, a local authority may make charges, of such amounts as they may from time to time determine in accordance with the requirements of paragraph (2) or (3) of this regulation, in respect of meat inspections carried out by them in pursuance of regulation 3.
2
A local authority which intend to make charges, or to increase the amounts of any existing charges, shall —
a
calculate on the basis of the permitted cost factors set out in Schedule 4 the amounts of their charges;
b
consult the occupier of any slaughterhouse affected by those charges about the amounts which the local authority propose to charge, the number of persons whom they propose to employ in carrying out the inspections to which those charges relate and the hours during which those persons are intended to be engaged on those inspections;
c
supply to any person consulted by them in accordance with sub-paragraph (b) of this paragraph, on his request made in writing within fourteen days of the day on which he was consulted, details of the calculations used to decide the amounts of the proposed charges;
d
consider any representations made to them by, or on behalf of, any person whom they have consulted and, having regard thereto, determine the amounts of their charges; and
e
notify such amounts to all persons consulted in accordance with sub-paragraph (b) of this paragraph at least fourteen days before the day on which the charges are to take effect.
3
A local authority which intend to reduce the amounts of any existing charges shall —
a
determine the amounts which, on the basis of the permitted cost factors set out in Schedule 4, are to be charged;
b
notify the occupier of any slaughterhouse affected by those charges of the amounts of their charges, the number of persons whom they propose to employ in carrying out the inspections to which those charges relate and the hours during which those persons are intended to be engaged on those inspections; and
c
supply to any person so notified, on his request in writing made within seven days of the day on which he was notified, details of the calculations used to determine the amounts of the charges.
4
A local authority shall not apply any charge unless the requirements of paragraph (2) or (3) of this regulation have been complied with in respect of that charge.
5
In this regulation and in Schedule 4 “occupier” includes, in relation to a public slaughterhouse, any person who slaughters animals there with the consent of the local authority which provides that slaughterhouse.
14
1
Any charge made by a local authority by virtue of the last foregoing regulation shall be payable —
a
in respect of any animal slaughtered in a slaughterhouse other than a public slaughterhouse, by the person for the time being licensed in respect of that slaughterhouse under Part I of the Slaughterhouses Act 1974 ;
b
in respect of any animal slaughtered in a public slaughterhouse, by the person on whose behalf the animal is slaughtered;
c
in any other case, by the person who informs the local authority of the slaughter in accordance with regulation 5.
2
Any charge due to a local authority by virtue of this and the last foregoing regulation shall be recoverable by them summarily as a civil debt.
Notification to local authority
15
1
Any information or notice required to be given under regulation 5, 7 or 12 shall be given to the local authority at such address as that authority may direct or, in default of any such direction, at the office of the Chief Environmental Health Officer.
2
Such information may be given orally. If given in writing, such information or notice may be given by post.
Responsibility, and assistance to inspectors
16
Every person who slaughters, or causes to be slaughtered, any animal for sale for human consumption —
a
shall take all practicable steps to secure compliance by any person employed by him with the provisions of regulations, 5, 6, 7, 8, 9 and 12; and
b
shall ensure that any inspector is given such reasonable assistance as he may from time to time require for the purposes of these Regulations.
Penalties and enforcement
17
1
If any person contravenes or fails to comply with any of the foregoing provisions of these Regulations he shall be guilty of an offence and shall be liable —
a
on summary conviction, to a fine not exceeding £2,000; and
b
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
2
Each local authority shall execute and enforce such provisions in their district.
Revocations
18
1
The Regulations specified in Schedule 5 are hereby revoked.
2
The reference to the Meat Inspection Regulations 1963 in Schedule 2 to the Food (Revision of Penalties) Regulations 1982 and in Part II of the Schedule to the Food (Revision of Penalties) Regulations 1985 shall be omitted.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th December 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
John Moore
Secretary of State for Social Services
10th December 1987
Peter Walker
Secretary of State for Wales
10th December 1987


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
This Scheme may be cited as the Farm Diversification Grant Scheme 1987 and shall come into force on 1st January 1988.
2
This Scheme shall apply to Great Britain.
Interpretation
2
1
In this Scheme, unless the context otherwise requires —
“agriculture” and cognate expressions shall be construed, except in relation to Scotland, in accordance with section 109 of the Agriculture Act 1947 and, in relation to Scotland, in accordance with section 86 of the Agriculture (Scotland) Act 1948 ;
“agricultural business” means a business consisting in, or such part of any business as consists in, the pursuit of agriculture, and includes any ancillary farm business;
“ancillary farm business” means any business of a type specified in the Schedule to the Farm Business Specification Order 1987 where that business is carried on by a person also carrying on a business consisting in or partly in the pursuit of agriculture on the same or adjacent land;
“the appropriate Minister ”means —
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland, the Secretary of State;
in relation to Wales, the Secretary of State;
“approved” means approved by the appropriate Minister and “approve” and “approval” shall be construed accordingly;
“contractor” means any person who enters into an agreement to supply agricultural work or services in connection with agricultural land;
“designated maps” means —
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 3rd April 1984, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Great Westminster House, Horseferry Road, London SW1P2AE;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 29th March 1984, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Plas Crug, Aberystwyth, Dyfed SY231NG;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 2nd April 1984, signed by the Secretary of State for Scotland and deposited at the offices of the Department of Agriculture and Fisheries for Scotland at Chesser House, Gorgie Road, Edinburgh EH113AW;
“eligible person” has the meaning assigned to that expression in paragraph 3;
“farm-based industry” means —
the manufacture of craft items and tourist souvenirs;
food processing and the purification, carbonation and bottling of spring water;
the processing of timber;
the processing of agricultural produce for purposes other than human or animal consumption; or
the repair and renovation of agricultural machinery;
“farm diversification plan” has the meaning assigned to that expression in paragraph 4;
“farm shop” means a shop primarily used for the sale of the produce of the agricultural business of which the shop forms part;
“food processing” means the application of any process or treatment to agricultural produce for the purposes of human consumption but does not include —
the cleaning and trimming of raw fruit and vegetables to which no further process or treatment is applied and the packaging of such fruit and vegetables;
the slaughter of livestock and the skinning and gutting of animal carcases;
any process or treatment applied for the purposes of the manufacture of wine; or
any process or treatment applied to cow’s milk for the purposes of the liquid consumption of that milk or for the purposes of the manufacture of any milk-based drink as defined in regulation 3 of the Milk-based Drinks (Hygiene and Heat Treatment) Regulations 1983 and regulation 3 of the Milk-based Drinks (Scotland) Regulations 1983 , and any process or treatment applied to any such milk-based drink;
“less-favoured area” means land which is within the area shaded blue or pink on the designated maps;
“livery” means the provision of accommodation and care for horses and ponies;
“provision of accommodation”, in relation to persons, includes provision of facilities for camping and caravanning;
“sports” means any game or exercise other than field sports, horse riding and sports involving the use of motor vehicles, firearms or crossbows.
2
Any reference in this Scheme to a numbered paragraph or “the Schedule” shall, unless the context otherwise requires, be construed as a reference to the paragraph bearing that number in this Scheme or the Schedule to this scheme.
Eligible persons
3
1
Subject to the provisions of this paragraph, the following classes of person shall be eligible for grant under this Scheme —
a
an individual carrying on an agricultural business if the appropriate Minister is satisfied that that individual or, as the case may be, the farm manager or other person through whom the business is carried on —
i
derives more than half of his annual income calculated in accordance with sub-paragraph (2) below from that business; and
ii
spends not less than 1,100 hours per year in agricultural activities relating to that business; and
iii
possesses sufficient agricultural skill and competence, in that he holds an appropriate certificate issued by a teaching establishment recognised for this purpose by that Minister or has been engaged in agricultural activities for not less than five years,
and if the individual carrying on that agricultural business submits a farm diversification plan in accordance with paragraph 4, and undertakes, if that plan is approved, to carry it out;
b
any person representing a body carrying on an agricultural business if —
i
the appropriate Minister is satisfied that the main purpose of that business is the pursuit of agriculture and that the farm manager or other person through whom the business is carried on satisfies the requirements as to income, hours spent in agricultural activities and as to agricultural skill and competence, as specified in sub-paragraph (1)(a) above, and
ii
the said person representing the said body submits on behalf of the said body a farm diversification plan in accordance with paragraph 4 and undertakes, if that plan is approved, to carry it out;
c
persons carrying on an agricultural business in partnership if —
i
the appropriate Minister is satisfied that the farm manager or other person through whom the business is carried on satisfies the requirements as to income, hours spent in agricultural activities and as to agricultural skill and competence as specified in sub-paragraph (1)(a) above, and
ii
a farm diversification plan is submitted in accordance with paragraph 4 and the undertaking required of an individual by sub-paragraph (1)(a) above is given on behalf of the partnership;
d
the owner of land occupied for the purposes of the pursuit of agriculture who submits a farm diversification plan relating to such land or to adjacent land jointly with one of the kinds of person eligible for grant under sub-paragraph (a), (b) or (c) above.
2
For the purposes of this paragraph, a person’s annual income shall be calculated in each case by reference to such year or years within the three years immediately preceding the day on which the farm diversification plan is submitted as the appropriate Minister shall determine, being a year or years which he is satisfied gives or give a fair indication of the normal amount of income of that person and the normal amount of income derived by that person from the agricultural business.
3
Where a person eligible for grant under sub-paragraph (1) above is a contractor, it shall be a further condition of eligibility that he has entered into a written agreement with the occupier of the land in connection with which the contractor supplies agricultural work or services which is expressed to continue in force for a period of not less than seven years from the day immediately preceding the day on which the farm diversification plan is submitted.
Farm diversification plans
4
1
The appropriate Minister shall not approve any proposed expenditure for the purposes of grant under this scheme unless a farm diversification plan relating to that expenditure is submitted for the approval of that Minister and is approved by him.
2
A farm diversification plan submitted for approval shall be set out in such form as the appropriate Minister may from time to time require and the person submitting it shall furnish all such particulars and information relating thereto as the appropriate Minister may require, and in particular —
a
sufficient information to show that the person undertaking to carry out the plan is an eligible person and that the plan relates to the carrying on or establishment of an ancillary farm business;
b
details of the agricultural business of which the ancillary farm business forms or will form part at the time of submission of the plan for approval and of any other business carried out on the same land as the agricultural business;
c
a description of the land and buildings to which the plan relates;
d
an indication of the measures to be taken, and in particular of the investments to be made and the timing of such investments in order to achieve the aim of the plan;
e
a description of the ancillary farm business to which the plan relates on completion of the plan in the form of an estimated budget and an estimate of the implications of the completion of the plan for the economic situation of the agricultural business of which that ancillary farm business forms or will form part, including the number of persons gainfully employed in the carrying on of that agricultural business.
3
The duration of a farm diversification plan shall be such period as is specified in the plan, being a period not exceeding six years from the date of approval of the plan.
Restrictions on approval of farm diversification plans
5
1
The appropriate Minister shall not approve a farm diversification plan under this Scheme unless he is satisfied that in the absence of financial assistance under this Scheme the plan could not, or could not appropriately, be realised and that —
a
on completion of the plan the ancillary farm business to which the plan relates will be capable of being carried on as a profit-making enterprise; or
b
the completion of the plan will bring about a lasting improvement in the economic situation of the agricultural business of which the ancillary farm business forms or will form part.
2
The appropriate Minister shall not approve for the purposes of grant a farm diversification plan in so far as it includes —
a
proposed expenditure amounting in aggregate to less than £750 or more than £35,000;
b
proposed expenditure which, in the opinion of the appropriate Minister, would in any six-year period exceed £35,000 when added to other expenditure which has been incurred in the six-year period in question in relation to the same agricultural business and which is included in any previous farm diversification plan approved under this scheme;
c
proposed expenditure in relation to the provision of horses and ponies for hire outside a less-favoured area;
d
proposed expenditure in relation to the purchase of land or buildings.
3
The appropriate Minister shall not approve a farm diversification plan under this Scheme in relation to any ancillary farm business where the agricultural business of which that ancillary farm business forms or will form part —
a
is affected by a current farm diversification plan approved under this Scheme, or
b
is affected by a current improvement plan approved under the Agriculture Improvement Regulations 1985 and that improvement plan includes proposed expenditure in connection with any work, facility or transaction of a kind specified in paragraph 12 or 13 in column 1 of the Schedule to those Regulations.
4
The appropriate Minister may make the approval of a farm diversification plan under this Scheme subject to such conditions as he sees fit and in particular may require that the person undertaking to carry out the plan shall for the duration of the plan furnish to that Minister in such form as he may determine accounts relating to the ancillary farm business to which the plan relates and to the agricultural business of which that ancillary farm business forms or will form part.
Closing date for approval of farm diversification plans
6
The appropriate Minister shall not approve any farm diversification plan for the purposes of grant under this Scheme after 30th November 1994.
Variation and withdrawal of farm diversification plans
7
1
The appropriate Minister may, on the written request of the person currently responsible for carrying out a farm diversification plan, vary or withdraw the approval of that plan.
2
The appropriate Minister shall not vary a farm diversification plan more than once in the period of twelve months following the approval of that plan or more than once in any subsequent period of twelve months.
Farm diversification grants
8
1
Subject to the provisions of this Scheme, the appropriate Minister may make to any eligible person a grant towards expenditure incurred by him for the purposes of, or in connection with, the carrying on or establishment of an ancillary farm business, being expenditure which —
a
has been incurred in respect of any work, facility or transaction of a kind specified in column 2 of the Schedule in relation to an ancillary farm business of a kind specified in column 1 of the Schedule; and
b
appears to the appropriate Minister to be of a capital nature or to have been incurred in connection with expenditure of a capital nature, and
c
is included in, and appears to the appropriate Minister to be necessary or appropriate for the purposes of, an approved farm diversification plan in respect of that business and to be the responsibility of that person.
2
The appropriate Minister may make the payment of grant under sub-paragraph (1) above subject to such conditions as that Minister sees fit, and in particular may require that the person currently responsible for the carrying on of the ancillary farm business in respect of which expenditure has been incurred shall furnish to that Minister copies of the accounts relating to that business and of the agricultural business of which it forms part in such form as that Minister may determine for a period not exceeding two years after the completion of the farm diversification plan.
3
Where it appears to the appropriate Minister that expenditure in respect of which grant is claimed under sub-paragraph (1) above has been incurred partly for purposes which are eligible for grant under that sub-paragraph and partly for purposes which are not so eligible, that Minister may for the purposes of grant under that sub-paragraph treat as having been incurred for the purposes which are so eligible so much of that expenditure as appears to that Minister to be referable to those eligible purposes.
Amounts of grant
9
1
Subject to the provisions of this paragraph and to paragraph 12, the amount of any grant payable under paragraph 8(1) towards expenditure in respect of any work, facility or transaction of a kind specified in column 2 of the Schedule, shall be twenty-five per cent of that expenditure.
2
In the case of expenditure which is incurred by —
a
a young farmer who fulfils the requirements specified in sub-paragraph (3) below; or
b
a young farmers' partnership in respect of which the requirements specified in sub-paragraph (4) below are fulfilled;
the amount of grant so payable shall be thirty-one and one quarter per cent.
3
The requirements in relation to a young farmer are that he —
a
is less than forty years of age on the date on which he submits a farm diversification plan to the appropriate Minister;
b
is at that date the sole owner or sole tenant of the land on which he carries on his agricultural business, including the land on which he carries on or intends to carry on the ancillary farm business to which the plan relates;
c
submits a farm diversification plan to the appropriate Minister within five years of the date on which he became sole owner or sole tenant of the land on which he carries on his agricultural business, including the land on which he carries on or intends to carry on the ancillary farm business to which the plan relates;
d
has not previously been responsible for carrying out a farm diversification plan under this Scheme as an individual carrying on an agricultural business or a person carrying on an agricultural business in partnership or an owner of land occupied for the purposes of the pursuit of agriculture; and
e
holds an appropriate certificate relating to the possession of agricultural skill and competence issued by a teaching establishment recognised for that purpose by the appropriate Minister.
4
The requirements in relation to a young farmers' partnership are that —
a
a partner in that partnership fulfils the requirements set out in sub-paragraph (3) (d) and (e) above and submits a farm diversification plan to the appropriate Minister within five years of the date on which he became sole or joint owner or sole or joint tenant of the land on which he carries on an agricultural business in partnership, including the land on which he carries on or intends to carry on the ancillary farm business to which the plan relates;
b
all the partners in the partnership are less than forty years of age on the date on which the farm diversification plan is submitted to the appropriate Minister; and
c
the partnership exists for the purposes of carrying on the agricultural business of which the ancillary farm business to which the plan relates forms or will form part.
Standard costs
10
In such cases, and subject to such conditions as the appropriate Minister may from time to time determine, the cost of any work, facility or transaction or the amount of any other cost or expenditure shall, if the claimant so elects, be taken for the purpose of determining the amount of any grant payable under this Scheme as such standard cost or amount as that Minister may from time to time fix with the approval of the Treasury.
Claims for grant
11
Any claims for grant under this scheme shall be made in such form and manner and at such time as the appropriate Minister may from time to time require, and the claimant for grant shall furnish all such particulars and information relating to the claim and copies of such documents and records relating thereto as that Minister may require.
Reduction or withholding of grant
12
1
The appropriate Minister may reduce or withhold any grant payable under this Scheme in any case where —
a
assistance in respect of expenditure towards which such grant is claimed has been given otherwise than under this Scheme, or
b
the carrying out or provision of the work, facility or transaction towards the expenditure on which such grant is claimed appears to that Minister to frustrate the purpose served by assistance previously given out of money provided by Parliament or the European Economic Community, or
c
he considers that the expenditure towards which such grant is claimed is excessive having regard to the work, facility or transaction carried out or provided to which the claim relates, or
d
the carrying out of the work, facility or transaction towards the expenditure on which such grant is claimed has been effected in a way which appears to that Minister to have destroyed or damaged the natural beauty and amenity of the countryside to an extent which cannot be justified by any resulting benefit to any agricultural business.
2
Before reducing or withholding any grant under the provisions of sub-paragraph (1)(c) or (d) above the appropriate Minister shall —
a
give to any person whose grant it is proposed to reduce or withhold a written notification of the reasons for the action proposed to be taken by that Minister, and
b
afford that person an opportunity of appearing before and being heard by a person appointed for the purpose by the appropriate Minister, and
c
consider the report by a person so appointed and supply a copy of that report to the person mentioned in sub-paragraph (a) above.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th November 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
10th November 1987
Peter Walker
Secretary of State for Wales
13th November 1987
We approve,
Mark Lennox-Boyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
16th November 1987


text:
1
This Order may be cited as the Assured Tenancies (Prescribed Amount) Order 1987 and shall come into force on 25th February 1987.
2
The prescribed amount for the purposes of section 56B of the Housing Act 1980 is —
a
in the case of a dwelling-house in Greater London, £7,000; and
b
in the case of a dwelling-house elsewhere in England or Wales, £5,000.
3
The Assured Tenancies (Prescribed Amount) Order 1986 is hereby revoked.
Nicholas Ridley
Secretary of State for the Environment
2nd February 1987
Nicholas Edwards
Secretary of State for Wales
2nd February 1987


text:
1
These Rules may be cited as the Trade Marks and Service Marks (Fees) (Amendment) Rules 1987 and shall come into force on 26th May 1987.
2
The Trade Marks and Service Marks (Fees) Rules 1987 shall have effect subject to the amendment that in the third column of the Schedule thereto there shall be substituted for the amount of £79 the amount of £205 as a fee payable in respect of the item specified in the second column of that schedule opposite the first reference to form TM 11 (renewal of registration of a Trade Mark, etc. ).
Lucas of Chilworth
Parliamentary Under Secretary of State,
Department of Trade and Industry
21st May 1987
We sanction the making of these Rules.
Mark Lennox-Boyd
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
21st May 1987


text:
1
This Order may be cited as the Value Added Tax (Charities) Order 1987 and shall come into force on 1st April 1987.
2
Group 14 of Schedule 5 to the Value Added Tax Act 1983 shall be varied by: —
1
inserting after item 10 and before item 11: —
10A
The supply to a charity of, service of providing, extending or adapting a bathroom, washroom or lavatory for use by handicapped persons in a residential home where such provision, extension or adaptation is necessary by reason of the condition of the handicapped persons.
, and
2
deleting item 11 and by substituting the following: —
11
The supply of goods in connection with a supply described in items 8, 9, 10 or 10A.
3
Group 16 of Schedule 5 to the Value Added Tax Act 1983 shall be varied by: —
1
deleting item 2 and by substituting the following: —
2
The donation of any goods for sale or export by a charity described in item 1.
,
2
adding the following item: —
10
The supply to a charity of a substance directly used for synthesis or testing in the course of medical research.
3
deleting Note (4)(f) and by substituting the following: —
f
motor vehicles (with more than 6 but fewer than 51 seats) for use by an eligible body providing care for blind, deaf, mentally handicapped or terminally sick persons mainly to transport such persons.
4
adding at the end of Note (4): —
g
telecommunication, aural, visual, light enhancing or heat detecting equipment (not being equipment ordinarily supplied for private or recreational use) solely for use for the purpose of rescue or first aid services undertaken by a charitable institution providing such services.
5
deleting Note (12)(d), and
6
adding at the end of Note (12): —
13
In items 9 and 10 —
“substance” and “ingredient” have the meanings assigned to them by section 132 of the Medicines Act 1968. .
Tim Sainsbury
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Supplementary Benefit (Conditions of Entitlement) Amendment Regulations 1987 and shall come into force on 6th April 1987.
2
In these Regulations —
“the Conditions of Entitlement Regulations”means the Supplementary Benefit (Conditions of Entitlement) Regulations 1981
Amendment of regulation 2 of the Conditions of Entitlement Regulations
2
In paragraph (1) of regulation 2 of the Conditions of Entitlement Regulations (interpretation) —
a
after the definition of“person affected by a trade dispute”there shall be inserted the following definition —
“relevant enactment”has the meaning assigned to it in regulation 2(1) of the Supplementary Benefit (Single Payments) Regulations 1981 ;
;
b
after the definition of“training allowance”there shall be added the following definition —
“voluntary organisation”means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.
Amendment of regulation 4 of the Conditions of Entitlement Regulations
3
For paragraph (c) of regulation 4 of the Conditions of Entitlement Regulations (meaning of employment for the purposes of section 5) there shall be substituted the following paragraph —
c
for which he would normally be engaged —
i
for not less than 30 hours a week; or
ii
if he is mentally or physically disabled, for such lesser number of hours as, having regard to his disability, he is usually capable of working; or
iii
in either case, if he is normally engaged for less than the number of hours prescribed in the preceding sub-paragraphs, such employment provided that he is available to be employed for such further number of hours which would in aggregate with the number of hours for which he is normally engaged be not less than the number of hours so prescribed for his case.
.
Amendment of regulation 6 of the Conditions of Entitlement Regulations
4
In regulation 6 of the Conditions of Entitlement Regulations (persons not subject to condition of registration and availability for employment) —
a
in paragraph (jj)(ii) after the words“(a) to (d)”there shall be inserted the words“or (f)”; and
b
in paragraph (s)(ii) for all the words after“(c)”there shall be substituted the words“(d) or (f) (person receiving relevant education who is a parent, or is severely handicapped, or has no, or is estranged from, his parents or guardian, or is living away from his parents or guardian who are unable financially to support him);”.
Amendment of regulation 7 of the Conditions of Entitlement Regulations
5
In paragraph (1) of regulation 7 of the Conditions of Entitlement Regulations (circumstances in which persons are to be treated as available for employment) for the words“Subject to”there shall be substituted the words“Subject to regulations 4 and”.
Amendment of regulation 8 of the Conditions of Entitlement Regulations
6
In paragraph (1)(a) of regulation 8 of the Conditions of Entitlement Regulations (circumstances in which persons are not to be treated as available for employment) for the words“and regulation 6(a), (i) or (j) does not apply to him”there shall be substituted the words“to whom paragraph (a), (i), (j) or (jj) of regulation 6 has no application”.
Amendment of regulation 10 of the Conditions of Entitlement Regulations
7
In regulation 10 (circumstances in which persons are to be treated as receiving relevant education) —
a
in paragraph (1) —
i
after sub-paragraph (a)(iv) there shall be inserted the following head —
v
receiving education which is recognised by the Secretary of State under section 2(1A) of the Child Benefit Act 1975 .
;
ii
after sub-paragraph (a) there shall be inserted the following sub-paragraph —
aa
In the case of a person to whom sub-paragraph (a) of this paragraph ceases to apply on or after the date on which he has been entered for any external examination in connection with the education he was receiving, attending or treated as receiving under that sub-paragraph and on the date on which that sub-paragraph so ceased he continued to be so entered, for the period from that date until the date of the examination or, where he has been entered for more than one such examination, the last of those examinations.
.
iii
for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
in the case of a person who has ceased to be a person to whom sub-paragraph (a) or (aa) applies, for the period beginning with the starting date and ending with the terminal date.
.
b
in paragraph (2) —
i
for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
“starting date”means the date on which he ceases to be a person to whom sub-paragraph (a) or (aa), if later of paragraph (1) applies;
;
ii
at the end of sub-paragraph (b) there shall be added the words“or if later, after the date on which he attained compulsory school age.”;
iii
after sub-paragraph (b) there shall be added the following sub-paragraph —
c
“compulsory school age”means —
i
in England and Wales the upper limit of compulsory school age as determined in accordance with section 9 of the Education Act 1962 ;
ii
in Scotland, the upper limit of school age as determined in accordance with sections 31 and 33 of the Education (Scotland) Act 1980 .
.
Amendment of regulation 11 of the Conditions of Entitlement Regulations
8
In regulation 11 of the Conditions of Entitlement Regulations (circumstances in which persons treated as receiving relevant education are to be entitled to supplementary benefit) after paragraph (e) there shall be added the following —
f
he is living away from his parents or any person acting in the place of his parents and his parents are or, as the case may be, that person is, unable financially to support him and is —
i
chronically sick or mentally or physically disabled within the meaning of regulation 2(1) of the Supplementary Benefit (Single Payments) Regulations 1981; or
ii
in prison; or
iii
prohibited from entering or re-entering Great Britain; and, in this regulation, any reference to a“person”acting in the place of a claimant’s parent or parents includes, for the purposes of paragraphs (c) and (d), a reference to a local authority or voluntary organisation where the claimant is in their care under a relevant enactment or any person with whom he is boarded out by them whether or not any payment is made, in this respect, by that local authority or voluntary organisation and, for the purposes of paragraph (f), any such person with whom he has been so boarded out.
.
Signed by authority of the Secretary of State for Social Services
John Major
Minister of State,
Department of Health and Social Security
5th March 1987


text:
1
This Order may be cited as the Sumburgh Airport Shops Order 1987 and shall come into force on 7th May 1987.
2
Sumburgh Airport is hereby designated for the purposes of section 1 of the Shops (Airports) Act 1962 , as being an airport at which there appears to the Secretary of State to be a substantial amount of international passenger traffic.
Signed by authority of the Secretary of State
R E Clarke
An Under Secretary in the
Department of Transport
6th May 1987


text:
1
This Order may be cited as the Agricultural Levy Reliefs (Frozen Beef and Veal) Order 1987 and shall come into force on 27th February 1987.
2
In this Order, unless the context otherwise requires —
“the Board” means the Intervention Board for Agricultural Produce established under section 6 of the European Communities Act 1972;
“entered for home use” means entered for home use within the meaning of the Customs and Excise Management Act 1979 or regulation 13 of the Customs Warehousing Regulations 1979 ;
“international organisations established in the Economic Community” means the following —
Delegation of the Commission of European Communities;
Intergovernmental Maritime Organisation;
International Coffee Organisation;
International Labour Office;
International Sugar Organisation;
International Tin Council;
International Wheat Council;
United Nations Children’s Fund;
United Nations Development Programme;
United Nations Information Centre;
United Nations High Commission for Refugees;
Western European Union;
Commonwealth Secretariat;
“licence” means an import licence issued by the Board under the provisions of Council Regulation ( EEC ) No. 805/68 on the common organisation of the market in beef and veal, as amended , Commission Regulation (EEC) No. 3183/80 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products, as amended , and Commission Regulation (EEC) No. 2377/80 on special detailed rules for the application of the system of import and export licences in the beef and veal sector, as amended ;
“local authorities” means —
in Greater London the Inner London Education Authority, the councils of London boroughs and the Common Council of the City of London,
in England and Wales outside Greater London the county and metropolitan district councils,
in Scotland the councils of islands areas and regions,
in Northern Ireland Education and Library Boards;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“the quota” means the Community quota for the levy-free importation of frozen beef and veal provided for by Council Regulation (EEC) No. 3929/86 opening, allocating and providing for the administration of a Community tariff quota for frozen beef and veal falling within subheading 02.01 A II b) of the Common Customs Tariff (1987);
“the reference period” means the period from 1st October 1984 to 30th September 1986;
“the Second Lomé Convention” means the second ACP-EEC Convention signed at Lomé on 31st October 1979 between the African, Caribbean and Pacific States of the one part and the Economic Community and its Member States of the other part as set out in Council Regulation (EEC) No. 3225/80 and extended by Council Regulations (EEC) Nos. 485/85 and 690/86 ;
“the Third Lomé Convention” means the third ACP-EEC Convention signed at Lomé on 8th December 1984 between the African Caribbean and Pacific States of the one part and the Economic Community and its Member States of the other part as set out in Council and Commission Decision 86/125/EEC / ECSC .
3
1
The Minister shall determine the allocation to persons established within the United Kingdom of its share of the quota.
2
The determination mentioned in paragraph (1) of this article shall be made by the Minister by allocating an amount not exceeding one third of the United Kingdom’s share to Government Departments and local authorities, and allocating the remainder as follows —
a
as to 70% thereof to importers of frozen beef and veal by reference to the amounts of frozen beef and veal which such importers have imported from outside the Economic Community and entered for home use during the reference period, other than amounts imported free of duty pursuant to the Second Lomé Convention or the Third Lomé Convention;
b
as to 20% thereof to exporters of fresh chilled or frozen beef and veal by reference to the amounts of fresh chilled or frozen beef and veal which such exporters have exported during the reference period from the United Kingdom to countries outside the Economic Community or to one of the following destinations —
i
seagoing vessels, or aircraft serving on international routes, including routes between Member States of the Economic Community;
ii
international organisations established in the Economic Community;
iii
armed forces stationed in the territory of a Member State but not serving under its flag;
iv
drilling or extraction platforms, including workpoints providing support services for such operations, situated within the area of the European Continental shelf, or within the area of the continental shelf of the non-European part of the Community, but beyond a three mile zone starting from the base line used to determine the width of the territorial sea of a Member State of the Economic Community; and
c
as to the remaining 10% thereof to purchasers of frozen beef and veal from the Board by reference to the amounts of frozen beef and veal which they have purchased from the Board during the reference period, other than frozen beef and veal sold by the Board on condition that it should be exported from the Economic Community.
Any such allocation shall be made subject to such conditions as appear to the Minister to be expedient to secure the object or prevent abuse of the relief.
4
Any entitlement to relief under the United Kingdom’s share of the quota shall be subject to —
a
the production of the licence in respect of the goods on which relief is sought appropriately endorsed by the Board with a statement that the amount of frozen beef or veal appearing in the licence may be imported free of levy under the quota; and
b
the observance by the importer of any conditions subject to which the allocation was made.
5
A licence endorsed with the statement referred to in article 4(a) of this Order shall not be issued to an importer unless the Board is satisfied, after taking into account any levy-free imports of beef or veal authorised under previous licences issued to that importer, that the amount of levy-free beef or veal allocated to him in pursuance of this Order will not be exceeded by the import of beef or veal under that licence.
6
Goods shall be treated as forming part of the quota when they are entered for home use under the authority of a licence endorsed with the statement referred to in article 4(a) of this Order.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th February 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
John J. Mackay
Parliamentary Under-Secretary of State, Scottish Office
4th February 1987
Tom King
Secretary of State for Northern Ireland
4th February 1987
Nicholas Edwards
Secretary of State of Wales
3rd February 1987


text:
Citation and commencement
1
These Regulations may be cited as the Minibus and Other Section 19 Permit Buses Regulations 1987 and shall come into force on 13th August 1987.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the 1981 Act ”means the Public Passenger Vehicles Act 1981;
“the 1985 Act ”means the Transport Act 1985;
“holder”means a body to which a permit has been granted;
“large bus”has the meaning given in section 19(1) of the 1985 Act;
“permit”has the meaning given in section 19(1) of the 1985 Act; and
“small bus”has the meaning given in section 19(1) of the 1985 Act.
Conditions to be fulfilled by driver
3
1
The driver of a vehicle used under a permit shall, if not the holder of a public service vehicle driver’s licence to drive vehicles of that class, fulfil the following conditions:
a
he shall be the holder of a current driving licence under Part III of the Road Traffic Act 1972 which authorises him to drive a vehicle adapted to carry more than eight passengers and which satisfies the requirements of paragraph (2) of this regulation, or he shall be entitled by virtue of section 84(4) of the said Act of 1972 to drive such vehicles; and
b
he shall be 21 years of age or over.
2
The driving licence referred to in paragraph (1)(a) of this regulation shall not be a provisional licence, or a licence which merely has effect under section 88(4) of the said Act of 1972 as a provisional licence authorising him to drive such vehicles.
Fees
4
The fee for the grant by a traffic commissioner of a permit which shall be paid before the permit is granted shall be —
a
£14 where the permit authorises the use of a large bus; and
b
£7 where the permit authorises the use of a small bus.
Form of permits
5
1
Every permit in relation to the use of a large bus or a small bus —
a
shall specify —
i
the traffic commissioner or other body by whom it was granted and the date on which it was granted;
ii
the body to whom it was granted;
iii
its number; and
iv
whether it authorises the use of a small or large bus; and
b
shall describe —
i
the conditions to be complied with when a vehicle is used under the permit; and
ii
the classes of persons who may be carried in the vehicle as passengers when it is being used under the permit by means of the following letter code: Class A Members of the body holding the permit; Class B Persons whom the body exists to benefit, and persons assisting them; Class C Persons who are physically or mentally handicapped or seriously ill, and persons assisting them; Class D Pupils or students of any school, college, university or other educational establishment, and staff or other helpers accompanying them; Class E Other class of persons specified in the permit.
2
The conditions mentioned in paragraph (1)(b)(i) of this regulation shall include —
a
the requirements of regulations 3 (conditions to be fulfilled by the driver), and 6(4) (display of the disc);
b
the conditions of fitness for use of a small or large bus (as appropriate); and
c
such other conditions as the traffic commissioner or other body issuing the permit may attach under section 20(4) of the 1985 Act.
Disc
6
1
The traffic commissioner or other body granting a permit in relation to the use of a large bus or a small bus shall issue with it a disc which —
a
shall specify —
i
the holder of the permit related to that disc;
ii
the number of that permit;
iii
the date that permit was granted and
iv
the traffic commissioner or other body which issued the disc; and
b
shall contain —
i
the words“Transport Act 1985: section 19 permit vehicle”; and
ii
an indication by way of the letter code contained in regulation 5(1)(b)(ii) of the classes of passengers who may be carried in any vehicle used under the related permit.
2
Where a permit authorises the use of a large bus, the disc related to that permit shall be red and shall be headed with the words“large bus disc”.
3
Where a permit authorises the use of a small bus, the disc related to that permit shall be purple and shall be headed with the words“small bus disc”.
4
The holder shall during such time as the vehicle is being used under the permit cause the disc related to that permit to be affixed to the inside of the vehicle in such a position that the disc —
a
does not interfere unduly with the driver’s view, and
b
can easily be read in daylight from the outside of the vehicle.
Duplicate permits and discs
7
1
If a permit or disc has been lost or destroyed, the holder shall forthwith notify the traffic commissioner or other body by whom the permit or disc was granted or issued and that commissioner or body, if satisfied that the permit or disc has been lost or destroyed, shall issue a duplicate of the permit or disc marked as such.
2
If a permit or disc referred to in paragraph (1) of which a duplicate has been issued is subsequently recovered by the holder he shall forthwith return it to the said traffic commissioner or other body.
3
If a permit or disc becomes defaced or illegible the holder shall forthwith return it to the traffic commissioner or body by whom it was granted or issued, and on such return that commissioner or body shall issue a duplicate or the permit or disc marked as such.
4
A duplicate of a permit or disc issued in accordance with paragraph (1) or (3) shall have the same effect as the original.
Return of permits and discs
8
When the validity of a permit terminates in accordance with section 20(7) of the Act, then the holder shall return that permit and the related disc to —
a
the traffic commissioner or other body who revoked the permit, or
b
the traffic commissioner for the traffic area in which any vehicle was last used under the permit, where the permit was granted by a body designated under section 19(7) of the Act and that body has ceased to be so designated.
Conditions of fitness for use of a small bus
9
1
The date on which a vehicle is first used for the purpose of this regulation shall be determined in accordance with regulation 3(3) of the Road Vehicles (Construction and Use) Regulations 1986 .
2
The requirements as to fitness with which a small bus used under a permit shall comply are —
a
in respect of a vehicle first used before 1st April 1988, either —
i
those specified in regulations 5 to 28 of the Minibus (Conditions of Fitness, Equipment and Use) Regulations 1977 , or
ii
those specified in regulations 41 to 43 of the Road Vehicles (Construction and Use) Regulations 1986 for a minibus first used on or after 1st April 1988;
b
in respect of a vehicle first used on or after 1st April 1988, those specified in the regulations mentioned in sub-paragraph (a)(ii) of this paragraph.
Transitional provisions
10
1
Any permit granted under section 42 of the 1981 Act shall be deemed to have been granted under section 19 of the 1985 Act and any disc issued in connection with such a permit shall be deemed to have been issued under these Regulations.
2
Where a permit was granted by the council of a local authority in relation to the use of a large bus, it shall be deemed to have been granted, and the related disc issued, under section 19 by the traffic commissioner for the traffic area in which the vehicle is ordinarily kept.
3
Where a permit was granted in relation to the use of a small bus by a body designated under section 42(4) of the 1981 Act which is not designated under section 19(7) of the 1985 Act, then it shall be deemed to have been issued by a body designated under section 19(7) which has ceased to be so designated.
4
A permit deemed by paragraph (1) of this regulation to have been granted under section 19 of the 1985 Act shall authorise the use only of the vehicle specified in it.
Signed by authority of the Secretary of State
David B Mitchell
Minister of State,
Department of Transport
14th July 1987


text:
1
This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 10) Order 1987.
2
The following provisions of the Housing and Planning Act 1986 shall come into force on 17th February 1988: —
a
section 15; and
b
section 24(1) insofar as it gives effect to paragraph 9 of Schedule 5.
Nicholas Ridley
Secretary of State for the Environment
11th December 1987
Peter Walker
Secretary of State for Wales
16th December 1987


text:
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1987.
2
The Child Abduction and Custody (Parties to Conventions) Order 1986 is amended by deleting Schedule 1 thereto and substituting therefor the following —
SCHEDULE 1
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25th OCTOBER 1980
Article 2
Contracting States to the Convention Territories specified in Declarations under Article 39 or 40 of the Convention Date of Coming into Force as between the United Kingdom and the State or Territory
Australia Australian States and mainland Territories 1st January 1987 Canada Ontario 1st August 1986 New Brunswick 1st August 1986 British Columbia 1st August 1986 Manitoba 1st August 1986 Nova Scotia 1st August 1986 Newfoundland 1st August 1986 Prince Edward Island 1st August 1986 Quebec 1st August 1986 Yukon Territory 1st August 1986 Saskatchewan 1st November 1986 Alberta 1st February 1987 The French Republic — 1st August 1986 The Hungarian People’s Republic — 1st September 1986 The Grand Duchy of Luxembourg — 1st January 1987 The Portuguese Republic — 1st August 1986 The Swiss Confederation — 1st August 1986
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Education (Bursaries for Teacher Training) (Amendment) Regulations 1987 and shall come into force on 24th April 1987.
Courses for which training bursaries are tenable
2
For regulation 5 of the Education (Bursaries for Teacher Training) Regulations 1986 (the “principal Regulations”) there shall be substituted the following regulation —
5
A training bursary shall neither be paid to a person nor be tenable by him except in respect of a course which either —
i
a
is full time;
b
is provided by an establishment in England or Wales named by the Secretary of State when granting the training bursary;
c
begins on or after 1st September 1986;
d
is designed to prepare persons to teach pupils of all ages in secondary schools and of which the principal subject matter is —
i
mathematics,
ii
physics, or
iii
craft, design and technology; and
e
is such that the period which the person in question would require for its completion (after the exclusion of any period for which he is excused attendance) would ordinarily not exceed two academic years; or
ii
is the part-time course in mathematics leading to the Post-graduate Certificate of Education provided by Thames Polytechnic and beginning in January 1987.
.
Amount of training bursaries
3
For regulation 7(1) of the principal Regulations there shall be substituted the following —
1
A training bursary shall —
a
for a course such as is mentioned in regulation 5(i), be payable at the rate of £1,200 per annum; and
b
for the course mentioned in regulation 5(ii), be £600 for the period 27th April 1987 to 31st December 1987 and £625 for 1988.
Kenneth Baker
Secretary of State for Education and Science
16th March 1987
Nicholas Edwards
Secretary of State for Wales
16th March 1987


text:
Citation and commencement
1
1
This Order may be cited as the Severn-Trent Water Authority (Wallgrange Boreholes) Order 1987, and shall come into force on 21st July 1987.
2
The Severn-Trent Water Authority Orders 1974 to 1986 and this Order may be cited together as the Severn-Trent Water Authority Orders 1974 to 1987.
Interpretation
2
In this Order —
“the Authority”means the Severn-Trent 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 Severn-Trent Water Authority (Wallgrange Boreholes) Order 1987”, one duplicate of which is deposited and is available for inspection at the offices 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.
Power to continue, construct and maintain works
3
The Authority may —
a
continue and maintain the existing boreholes on or under the land described in Schedule 1 to this Order and
b
construct and maintain on or under the said land (in addition to the works authorised by section 4 of the Third Schedule as applied to the undertaking by this Order) all such wells, boreholes, adits and headings as may be necessary or expedient for augmenting or improving the supply of water obtainable by means of the said existing boreholes.
Application of certain provisions of Third Schedule
4
For the purposes of this Order, the provisions of the Third Schedule which are specified in column (1) of Schedule 2 to this Order shall, subject to the modifications set out in column (2) of the said Schedule, apply to the undertaking and are hereby incorporated with this Order.
Works to form part of undertaking
5
The said boreholes and any works authorised by this Order shall for all purposes form part of the undertaking.


text:
1
This Order may be cited as the Value Added Tax (Finance) Order 1987 and shall come into force on 13th May 1987.
2
Group 5 of Schedule 6 to the Value Added Tax Act 1983 shall be varied by deleting item 6 and by substituting the following: —
6
The issue, transfer or receipt of, or any dealing with, any security or secondary security being: —
a
shares, stock, bonds, notes (other than promissory notes), debentures, debenture stock or shares in an oil royalty; or
b
any document relating to money, in any currency, which has been deposited with the issuer or some other person, being a document which recognises an obligation to pay a stated amount to bearer or to order, with or without interest, and being a document by the delivery of which, with or without endorsement, the right to receive that stated amount, with or without interest, is transferable; or
c
any bill, note or other obligation of the Treasury or of a Government in any part of the world, being a document by the delivery of which, with or without endorsement, title is transferable, and not being an obligation which is or has been legal tender in any part of the world; or
d
any letter of allotment or rights, any warrant conferring an option to acquire a security included in this item, any renounceable or scrip certificates, rights coupons, coupons representing dividends or interest on such a security, bond mandates or other documents conferring or containing evidence of title to or rights in respect of such a security; or
e
units or other documents conferring rights under any trust established for the purpose, or having the effect of providing, for persons having funds available for investment, facilities for the participation by them as beneficiaries under the trust, in any profits or income arising from the acquisition, holding, management or disposal of any property whatsoever.
.
Peter Lloyd
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
11th May 1987


text:
Citation and commencement
1
This Order may be cited as the Local Government Reorganisation (Property) (Tyne and Wear) Order 1987 and shall come into force on 20th August 1987.
Specified Property
2
There shall vest in each local authority mentioned below the property of the Tyne and Wear Residuary Body which is specified in the corresponding Schedule: —
Local Authority Schedule
Newcastle City Council 1 North Tyneside Metropolitan Borough Council 2 Gateshead Metropolitan Borough Council 3 South Tyneside Metropolitan Borough Council 4 5
Property held in connection with functions relating to highways
3
All property of the Tyne and Wear Residuary Body, other than property specified in Schedule 6 to this Order, which was immediately before 1st April 1986 held by the Tyne and Wear County Council for the purposes of its functions relating to highways, shall vest in the council of the district in which it is situated.
Land below a highway
4
Where on 1st April 1986 by virtue of section 263 of the Highways Act 1980 any highway vested in the council of any district within the area of the county of Tyne and Wear, any interest of the Tyne and Wear Residuary Body in any land below such highway shall vest in that council.
Rights and liabilities
5
All rights and liabilities acquired or incurred by the Tyne and Wear Residuary Body exclusively in connection with any property transferred by this Order shall vest in the local authority to which that property is transferred.


text:
Citation and Commencement
1
The Regulations may be cited as the Hovercraft (Fees) Regulations 1987 and shall come into force on 15th October 1987.
Interpretation and Revocation
2
1
In these Regulations, unless the context otherwise requires —
“costs of making an investigation” means any costs incurred by the CAA in making an investigation;
“hoverplatform” means a hovercraft with no installed means of propulsion or directional control and where any external agency providing propulsion or directional control is not itself a hovercraft;
“item” means an engine, propeller, fan, instrument, component, radio apparatus or equipment;
“maximum weight of the hovercraft” means the maximum total weight specified in the relevant application;
“ the Order ” means the Hovercraft (General) Order 1972;
“the weight of the type of hovercraft” means the maximum permissible weight specified in the Type Certificate.
2
The Hovercraft (Fees) Regulations 1985 and the Hovercraft (Fees) (Amendment) Regulations 1987 are hereby revoked.
3
The provisions of the Schedule to these Regulations shall have effect with respect to the fees to be paid in connection with the Certificates and other documents and with tests, inspections, investigations, permissions and approvals, required by or for the purposes of the Order.
4
For the purposes of these Regulations a variation of a document incorporated by reference in a Certificate shall be treated as variation of the Certificate itself.
Paul Channon
Secretary of State for Transport
10th September 1987
We approve the making of these Regulations.
Michael Neubert
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
15th September 1987


text:
Citation and commencement
1
This Order may be cited as the Financial Services (Transfer of Functions Relating to Friendly Societies) Order 1987 and shall come into force on the day after the day on which it is made.
Transfer of functions
2
Subject to the provisions of article 3, all the functions of the Chief Registrar of Friendly Societies which are transferable in accordance with paragraph 28 of Schedule 11 to the Act (transfer of functions) are transferred to the transferee body.
3
The following functions are not transferred to the transferee body —
a
the function under paragraph 17 of Schedule 11 to the Act (power to make rules concerning indemnity); and
b
the function of revoking a recognition order in respect of a self-regulating organisation for friendly societies on the ground that the requirement mentioned in paragraph 4(2) of Schedule 11 to the Act (requirement that rules of the organisation should take proper account of friendly societies legislation) is not satisfied.
J. M. Bridgeman
Chief Registrar of Friendly Societies
18th May 1987
I consent to this Order.
Paul Channon
One of Her Majesty’s Principal Secretaries of State
18th May 1987


text:
1
This Order may be cited as the Local Authorities (Armorial Bearings) Order 1987 and shall come into force on 1st March 1987.
2
Subject to article 4 of this Order, the town council of Longridge may bear and use the armorial bearings which were immediately before 1st April 1974 borne and used by Longridge urban district council.
3
Subject to article 4 of this Order, the town council of Yeovil may bear and use the armorial bearings which were immediately before 1st April 1974 borne and used by Yeovil borough council.
4
Armorial bearings shall not be borne or used pursuant to article 2 or 3 hereto until they have been exemplified according to the laws of arms and recorded in the College of Arms.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 1987 and shall come into force on 3rd June 1987.
Revaluation of earnings factors
2
The earnings factors relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Social Security Pensions Act 1975 (including that Part as modified by or under any other enactment),
are directed to be increased for the tax years specified in the Schedule hereto by the percentage of their amount shown opposite the said tax years in the said Schedule.
Rounding of fractional amounts
3
Where any earnings factor as increased in accordance with this Order would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Social Services.
Nicholas Lyell
Parliamentary Under Secretary of State,
Department of Health and Social Security
11th May 1987


text:
1
These Regulations may be cited as the Crown Prosecution Service (Witnesses' Allowances) (Amendment No. 5) Regulations 1987 and shall come into operation on 7th October 1987.
2
In these Regulations “the principal Regulations ” means the Crown Prosecution Service (Witnesses' Allowances) Regulations 1986 .
3
In Schedule 1 to the principal Regulations, in Column 3 of the Table, which sets out relevant amounts in relation to allowances payable under those Regulations —
a
for the sum of £25.40 in the entry for regulation 6(a) (financial loss allowance in respect of certain expenditure incurred by a witness who attends to give evidence other than professional or expert evidence) there shall be substituted £27.50; and
b
for the sums of £12.70 and £25.40 in the entry for regulation 6(b) (financial loss allowance in respect of certain losses suffered by such a witness) there shall be substituted £13.75 and £27.50 respectively.
4
In Schedule 2 to the principal Regulations, which makes provision as to mileage rates etc. in respect of journeys by private motor vehicles —
a
in the Table in Part I (standard mileage rate), for the sums of 10.2p, 14.3p, 19.6p and 31.8p there shall be substituted 11p, 15.3p, 21.3p and 34.4p respectively; and
b
in the Table in Part II (public transport mileage rates), for the sums of 10.2p, 14.3p and 14.5p (in both places where it appears) there shall be substituted 11p, 15.3p and 15.6p respectively.
5
The Crown Prosecution Service (Witnesses' Allowances) (Amendment) Regulations 1986 and regulation 5 of the Crown Prosecution Service (Witnesses' Allowances) (Amendment No. 3) Regulations 1986 are hereby revoked.
P. B. B. Mayhew
Her Majesty’s Attorney General
2nd September 1987
We approve
Michael Neubert
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
15th September 1987


text:
Citation and commencement
1
This Order may be cited as the Tyne and Wear 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 to 11 entitled “Maps referred to in the Tyne and Wear 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 city of Newcastle upon Tyne and the boroughs of North Tyneside, South Tyneside and Sunderland.
Designation of urban development area
3
The area comprising the two areas 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 Tyne and Wear Development Corporation
4
For the purposes of regenerating the designated area there is hereby established an urban development corporation named “The Tyne and Wear 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:
1
These Regulations may be cited as the Community Drivers' Hours (Passenger and Goods Vehicles) (Temporary Exception) Regulations 1987 and shall come into force on 17th January 1987.
2
Pursuant to Article 13(2) of Council Regulation ( EEC ) No. 3820/85 of 20th December 1985 on the harmonisation of certain social legislation relating to road transport until 16th February 1987 that Regulation shall apply to transport operations to which it applies with the exception of Articles 6, 8 and 9.
Signed by authority of the Secretary of State.
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
16th January 1987


text:
Citation and commencement
1
This Order may be cited as the Common Parts Grant (Eligible Expense Limits) Order 1987 and shall come into force on 17th February 1988.
Interpretation
2
In this Order —
a
“the residential floor area”of a building means the floor area of the following —
i
parts of the building constructed or adapted for the use of residential occupants, unless they are occupied for some other purpose;
ii
common parts of the building available for the use of residential occupants, whether or not in common with other occupants;
iii
parts of the building containing facilities for the provision of services for residential occupants;
b
references to a “floor area”mean an area calculated internally to the nearest square metre.
Eligible expense limit
3
1
The prescribed amount, for the purposes of section 498F of the Housing Act 1985 is the amount ascertained in accordance with the following formula —
PA = ELB × RFA TFA
where —
PA=the prescribed amount,
ELB=the eligible expense limit of the building,
RFA=the residential floor area of the building,
TFA=the total floor area of the building.
2
For the purposes of paragraph (1) above, the eligible expense limit of the building shall be —
a
for the buildings situated in Greater London, £10,000 + £3,500 per storey in excess of 2 storeys + £320 per 10 square metres of total floor area;
b
for buildings elsewhere in England and Wales, £8,500 + £3,000 per storey in excess of 2 storeys + £275 per 10 square metres of total floor area.
Nicholas Ridley
Secretary of State for the Environment
11th December 1987
Peter Walker
Secretary of State for Wales
16th December 1987


text:
Title and commencement
1
This Order may be cited as the Sheep Scab (Amendment) Order 1987 and shall come into force on 27th May 1987.
Amendment
2
1
The Sheep Scab Order 1986 shall be amended in accordance with the provisions of this article.
2
In paragraph (3)(a)(ii) of article 15 (declaration to be made in respect of the movement of any sheep out of an infected area) after the words “from which” there shall be inserted the words “, and to which,”.
3
For paragraph (4) of article 17 (issue by the local authority of licences for the holding of markets) there shall be substituted the following paragraph —
4
A licence to hold a market issued by the local authority under paragraph (3) above may permit the holding of a market for —
a
dipped sheep, on the condition that no sheep other than dipped sheep are present in, or admitted to, the same market on the same day;
b
slaughter sheep, on the condition that no sheep other than slaughter sheep are present in, or admitted to, the market on the same day; or
c
both dipped and slaughter sheep, on the condition that adequate provision is made (to the local authority’s satisfaction) to ensure that slaughter sheep and dipped sheep are kept separate from each other whilst they are in the market,
and, in each case, on the condition that adequate facilities for the cleansing and disinfection of vehicles in which sheep have been carried to the market are available at, or in the immediate vicinity of, the market
.
4
In paragraph (2)(a) and (b) of article 24 (movement of any sheep on to or out of approved holding premises under licence) for the words “in Form H1” there shall be substituted the words “in Form H2” and consequently in Form H1 the reference to article 24 shall be omitted.
5
In paragraphs (1)(a) and (2) of article 27 (record keeping by sheep dealers) after the words “in Form P” there shall be inserted the words “or in a form substantially to the like effect”.
6
At the end of paragraph (2) of article 30 (sampling of fleeces) there shall be added the words “and shall comply with all reasonable requirements of the inspector with a view to facilitating the taking of such samples”.
7
In Schedule 1 (forms) —
a
in Form H1, in the Table, after column (4) there shall be inserted the following column —
5 Date of dipping, address of premises where dipped and name of dip used
; and
b
in Form J, in the first and second Tables —
i
for the second column there shall be substituted the following column —
Address of premises where dipped
, and
ii
for the fourth column there shall be substituted the following column —
Name of dip used
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th May 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
John J Mackay
Parliamentary Under-Secretary of State Scottish Office
5th May 1987
Nicholas Edwards
Secretary of State for Wales
5th May 1987


text:
1
This Order may be cited as the Value Added Tax (Imported Goods) Relief (Amendment) (No. 2) Order 1987 and shall come into force on 1st January 1988.
2
The Value Added Tax (Imported Goods) Relief Order 1984 shall be amended in accordance with the following provisions of this Order.
3
In Article 2(2) for the words “common customs tariff” there shall be substituted the words “Combined Nomenclature”.
4
For Part II of Schedule 1 there shall be substituted the new part set out in the Schedule to this Order.
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
4th December 1987