text:
Citation and commencement
1
This Order may be cited as the Pensions Increase (Review) Order 1987 and shall come into force on 6th April 1987.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” has the meaning given by section 17(1) of the 1971 Act as amended by section 1(3) of the 1974 Act;
“the existing Orders ” means the Pensions Increase (Annual Review) Order 1972 , the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 and the Pensions Increase (Review) Order 1986 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act as amended by section 3(2) and (3) of the 1974 Act;
“widow’s pension” means a pension payable in respect of the services of the pensioner’s deceased husband.
2
For the purposes of this Order the time when a pension“begins” is that stated in section 8(2) of the 1971 Act, and the“beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a widow’s pension, be increased by the pension authority in respect of any period beginning on or after 6th April 1987 as follows: —
1
a pension beginning before 28th July 1986 may be increased by 2.1 per cent of the basic rate as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;
2
a pension beginning on or after 28th July 1986 and before 6th April 1987 may be increased by 2.1 per cent multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date of the pension and 6th April 1987, and
b
B is 8.
Increases in certain lump sums
4
In respect of any lump sum or instalment of a lump sum which became payable before 6th April 1987 but after 27th July 1986 there may be paid an increase of 2.1 per cent of the amount of the lump sum or instalment (as increased by the amount under section 1 of the 1971 Act or under the existing Orders) multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 28th July 1986 and the date on which it became payable; and
b
B is 8.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 6th April 1987, and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises, be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury shall, in accordance with the provisions of section 59A of the 1975 Act, otherwise direct.
Tony Durant
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd February 1987


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 1987 and shall come into force on 27th April 1987.
2
The Motor Vehicles (Driving Licences) Regulations 1981 shall be further amended in accordance with the following provisions of these Regulations.
3
In paragraph (3) of regulation 17 (fees in respect of tests), for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
in the case of any other test, £14.40 if the application for the appointment for the test is received by the Secretary of State before 27th April 1987 and £15 in any other case, save that no fee is payable in respect of a test to be taken in an invalid carriage.
.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
23rd March 1987
We approve the making of these Regulations.
Michael Neubert
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1987


text:
Citation and commencement
1
These Regulations may be cited as the Coypus (Keeping) (Revocation) Regulations 1987 and shall come into force on 1st January 1988.
Revocations
2
The Regulations specified in the Schedule to these Regulations are revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th December 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
18th December 1987
Peter Walker
Secretary of State for Wales
18th December 1987


text:
1
These Regulations may be cited as the Merchant Shipping (Fees) Regulations 1987 and shall come into force on 1st February 1987.
2
1
In these Regulations:
“the Act of 1948 ” means the Merchant Shipping Act 1948;
“the Act of 1949 ” means the Merchant Shipping (Safety Convention) Act 1949;
“the Act of 1967 ” means the Merchant Shipping (Load Lines) Act 1967;
“the Act of 1970 ” means the Merchant Shipping Act 1970;
“the Act of 1979 ” means the Merchant Shipping Act 1979;
“the principal Act ” means the Merchant Shipping Act 1894 ; and
“tons” means gross tons and the gross tonnage of a ship having alternative gross tonnages shall be taken to the larger of those tonnages.
2
Subject to regulation 3 below the following Regulations are hereby revoked: —
the Merchant Shipping (Fees) Regulations 1985 ;
the Merchant Shipping (Fees) (Amendment No. 2) Regulations 1985 ;
the Merchant Shipping (Fishing Vessels) (Radios) (Fees) Regulations 1986 ;
the Merchant Shipping (Fees) (Amendment No. 1) Regulations 1986 .
3
Nothing in these Regulations shall apply to —
a
any work involved in carrying out a service before these Regulations come into force; and
b
any service started prior to 15th November 1985:
Provided that if the fee that would be chargeable under these Regulations if they applied would be less than the fee payable under or by virtue of the Regulations referred to in regulation 2(2) above then such lesser fee shall be payable.
4
Where a fee is determined by the amount of work involved on or off the ship:
a
travelling time in excess of 4 hours for each visit to a ship in the United Kingdom shall be disregarded;
b
travelling time includes the time taken to travel from the United Kingdom to a ship overseas subject to a maximum of 10 hours in any 24 hour period;
c
i
travelling time in the United Kingdom in respect of the survey of a fishing vessel under the Fishing Vessels (Safety Provisions) Rules 1975 , and an inspection under the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 shall be disregarded;
ii
time spent by a surveyor in the office in respect of the survey for the renewal of a fishing vessel certificate under the Fishing Vessels (Safety Provisions) Rules 1975, or an inspection under the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 shall in either case be charged for at a flat rate of £74.
d
the cost of travelling and subsistence incurred in visiting a ship outside the United Kingdom shall be charged additionally to the hourly rate;
e
where the work is carried out in conjunction with a non-statutory survey for which fees are not payable under these Regulations, the work involved shall be the extra time taken to ensure compliance with the requirements for which fees are charged under these Regulations;
f
any specific costs incurred in respect of computer or outside services shall be charged additionally to the hourly rate.
5
1
The fees payable for the services specified in the Schedule to these Regulations shall be the fees specified in relation thereto in that Schedule.
2
The fee in the case of a survey or periodical inspection for the issue, renewal or endorsement of a certificate shall cover the issue or endorsement of that certificate.
Signed by authority of the Secretary of State
Michael Spicer
Parliamentary Under Secretary of State,
Department of Transport
21st January 1987
We consent to and approve the making of these Regulations,
Tim Sainsbury
Tony Durant
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd January 1987


text:
1
The Secretary of State is authorised to provide along the route described in the Schedule to this Scheme a special road for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre line of the special road is indicated by a heavy black line on the deposited plan.
3
The special road, except insofar as its route follows the route of any existing trunk road, shall become a trunk road on the date when this Scheme comes into force.
4
In this Scheme —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan numbered RSE M3/5A/65/1/3 marked “The M3 Motorway (Compton — Bassett Section) Scheme 1987”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY; and
ii
“the special road”
means the special road mentioned in article 1 of this Scheme.
5
This Scheme shall come into force on 21st August 1987 and may be cited as the M3 Motorway (Compton — Bassett Section) 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 Shropshire (District Boundaries) Order 1987.
2
This Order shall come into force on 1st November 1987 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1988.
Transfers from the borough of Shrewsbury and Atcham to the district of North Shropshire
2
1
The areas of the borough of Shrewsbury and Atcham and of the parish of Astley which are marked Area A and Area B on the boundary map and the area of that borough and of the parish of Pimhill which is marked Area C on that map shall be transferred to–
a
the district of North Shropshire;
b
the Clive ward of that district;
c
the parish of Hadnall;
d
the Myddle electoral division of the county of Shropshire.
2
In article 2(1) above “boundary map” means the map issued by the Department of the Environment, marked “Map of the Shropshire (District Boundaries) Order 1987”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Town and country planning
3
Any provisions of a local plan adopted by the Shrewsbury and Atcham Borough Council which apply immediately before 1st April 1988 to the areas transferred by this Order shall continue to apply in relation to those areas as if they were part of a local plan adopted by the North Shropshire District Council.
Signed by authority of the Secretary of State
Christopher Chope
Parliamentary Under Secretary of State,
Department of the Environment
29th September 1987


text:
1
This Order may be cited as the Airports Act 1986 (Government Shareholding) Order 1987 and shall come into force on 28th January 1988.
2
The target investment limit in relation to the Government shareholding in BAA plc for the time being shall be 4.548 per cent of the voting rights exercisable at general meetings of the company.
Signed by authority of the Secretary of State.
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
22nd December 1987


text:
Title and commencement
1
This Order may be cited as the Export of Sheep (Prohibition) (No. 2) Order 1987 and shall come into force on 19th October 1987
Prohibition of export of sheep
2
1
No person shall export from Great Britain to a member State any sheep to which this Order applies.
2
Subject to paragraphs (3) and (4) below, this Order applies to any sheep which –
a
was moved from a place situated in an area which is a designated area for the purposes of Part I of the Food and Environment Protection Act 1985 by virtue of –
i
article 3 of the Food Protection (Emergency Prohibitions) (England) (No. 2) Order 1986 ;
ii
article 3 of the Food Protection (Emergency Prohibitions) (Wales) (No. 4) Order 1987 ;
iii
article 3 of the Food Protection (Emergency Prohibitions) Order 1987 and of the Food Protection (Emergency Prohibitions) (No. 2) Order 1987 ; or
iv
article 3 of the Food Protection (Emergency Prohibitions) Order (Northern Ireland) 1987
in accordance with the terms of a consent under section 2(1) of that Act (consent to the doings of things prohibited by an emergency order under section 1 of that Act) which required that the sheep to which it applies should be marked in a manner specified therein; or
b
was moved from such an area in contravention of a prohibition on its movement imposed by an order made under section 1(1) of that Act (which empowers the making of emergency orders) which applied to that sheep at the time it was moved.
3
This Order applies to a sheep only for so long as the area from which it has been moved remains a designated area for the purposes of any of the orders referred to in paragraph (2)(a) above.
4
Paragraph (2)(a) above shall not apply in the case of –
a
any sheep which has been examined and marked with an ear-tag by a person authorised in that behalf by the appropriate Minister or the Department of Agriculture for Northern Ireland; or
b
any sheep which was marked with a blue mark or with an apricot mark as a condition of the granting of a consent under section 2(1) of that Act to its removal from a designated area given on or before 21st December 1986 or 26th July 1987 respectively.
Enforcement
3
This Order shall be executed and enforced by local authorities.
Revocation
4
The Export of Sheep (Prohibition) Order 1987 and the Export of Sheep (Prohibition) (Amendment) Order 1987 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food was hereunto affixed on 18th October 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Methylated Spirits Regulations 1987 and shall come into force on 28th December 1987.
Interpretation
2
In these Regulations unless the context otherwise requires —
“approved denaturants, markers and dyes” means denaturants, markers and dyes permitted by regulation 15 of these Regulations and complying with the requirements of that regulation;
“authorised user” means a person authorised in accordance with these Regulations to receive, use or supply methylated spirits;
“Bitrex” means benzyldiethyl [(2, 6-xylylcarbamoyl) methyl] ammonium benzoate otherwise known as Denatonium Benzoate;
“chemist” and “dispensing chemist” mean persons entitled by law to use those or similar titles in the sale of goods by retail respectively with or without a medical practitioner’s certificate and a body corporate, firm or partnership lawfully carrying on a business of a like nature and so entitled;
“medical practitioner” means doctors, dentists, nurses, chiropodists, veterinary surgeons and other persons entitled by law to provide medical or veterinary services in the United Kingdom;
“medical use” means any medical, veterinary, surgical or dental purpose other than administration internally;
“methylate” and like expressions means the mixing of denaturant and spirits so as to produce methylated spirits;
“methylator” means an authorised methylator under section 75(1) of the Alcoholic Liquor Duties Act 1979 or a person holding an excise licence as a methylator under section 75 of that Act;
“plant” means all vessels, utensils, pipes, fittings and other equipment used for the manufacture or storage of methylated spirits;
“records” include documents, copies of documents and information stored in a computer or produced from a computer;
“spirits” means spirits of the following types only: —
plain spirits of a strength not less than 85 per cent; or
rum of a strength not less than 68 per cent; or
such other spirits as the Commissioners may allow to be used in place of those referred to at (a) or (b) above for the manufacture of methylated spirits;
“tank-craft” means a ship or other craft equipped with tanks for the conveyance of spirits and methylated spirits and “tank-waggon” means any vehicle so equipped;
“wood naphtha” includes wood naphtha substitutes.
PART II
PREMISES AND PLANT
Approval of processes, premises and plant for methylation and storage
3
1
Any person intending to methylate spirits shall make written application to the proper officer for approval of the processes, premises and plant he intends to use for the methylation of spirits and the storage of denaturants, and any such application shall specify the classes of methylated spirits he intends to manufacture and which of those processes, premises and plant relate to which class or classes of methylated spirits.
2
Any application made under the preceding paragraph shall be accompanied by such information connected with the application as the proper officer may require.
3
No person shall begin to methylate spirits until he has received the proper officer’s approval of the processes, premises and plant referred to in his application under paragraph (1) above and any such approval may be made subject to conditions which may be varied by the Commissioners for reasonable cause.
4
A person making application under this regulation shall ensure that the premises approved under this regulation for the methylation of spirits contain one or more mixing vats which must be fixed and no such vat shall have a capacity of less than 2,500 litres.
5
Save as the proper officer may otherwise allow, no person shall use premises and plant approved under this regulation for the storage of denaturants for any other purpose.
Variation of approval
4
1
The person receiving the approval under regulation 3 above shall ensure that no variation, alteration or change is made to any of the approved processes, premises or plant without first receiving the proper officer’s approval of the variation, alteration or change and the proper officer’s approval may be given subject to conditions which may be varied by the Commissioners for reasonable cause.
2
Any person making application for the approval of any variation, alteration or change to any processes, premises or plant shall do so in such form and manner and shall provide such information connected with the application as the proper officer may require.
Entry of premises and plant
5
Except in the case of premises approved as an excise warehouse or plant contained in such premises, a methylator shall make entry of his premises and plant approved under regulation 3 above, and of any variation, alteration or change approved under regulation 4 above before spirits are first methylated or before spirits are first methylated after that change is made.
Provision of facilities etc.
6
A methylator shall, if required to do so by the proper officer, provide and maintain to that officer’s satisfaction, at his premises approved under regulation 3 above, office accommodation and sanitary and lavatory accommodation for officers, and shall ensure that such accommodation is lit, heated, furnished and cleaned free of expense to the Crown.
General provisions as to approved premises
7
1
A methylator shall ensure that all his premises approved under regulation 3 above are, to the proper officer’s satisfaction, ventilated, lit and equipped with the means for taking account of spirits or denaturant.
2
A methylator shall ensure that his containers approved for the storage of denaturant are conspicuously marked on the outside as being for use for that purpose only.
3
The proper officer may, by giving written notice to a methylator, restrict the hours during which his approved premises or parts of them are permitted to be open, and he may vary the notice but except on public holidays no such restriction shall prevent the premises from being open during the hours from 8 am to 6 pm from Monday to Friday.
PART III
CONTROL OF GOODS
Storage of denaturant
8
1
A methylator shall ensure that all denaturants received into his premises approved for their storage are placed immediately in the proper vats or other receptacles which are to be secured in such manner as the proper officer may direct.
2
A methylator shall ensure that all denaturants in his approved premises shall be dealt with in such manner as the proper officer may direct.
Restrictions on taking goods into methylators' premises
9
1
Save as the proper officer may otherwise allow, a methylator shall ensure that no person shall take into any of his premises approved for the methylation of spirits any substance except spirits for methylation, methylated spirit and approved denaturants and markers except that water intended for use in reducing methylated spirits may be taken in for immediate use for that purpose.
2
Save as the proper officer may otherwise allow and notwithstanding paragraph (1) above, a methylator who is also a distiller shall not receive into his approved premises any methylated spirits which have been methylated outside those premises.
Provisions as to redistillation and recovery of methylated spirits
10
1
Save as the proper officer may otherwise allow, no person shall recover or redistil any spirits or methylated spirits from any methylated spirits whether or not those methylated spirits contain any other substance, and in cases where the proper officer does so allow he may impose such conditions as he sees fit.
2
Where any spirits or methylated spirits are recovered or redistilled from methylated spirits in accordance with paragraph (1) above those spirits or methylated spirits shall be kept under the control of the person who recovered or redistilled them and shall be kept under lock or otherwise secured to the proper officer’s satisfaction until disposed of or dealt with to his satisfaction.
Labelling of methylated spirits for medical purposes
11
No person shall put up for sale or supply for medical use any bottle or other container containing industrial methylated spirits unless it is conspicuously labelled “For external use only” or “Not to be taken” or otherwise to like effect.
Account of goods
12
1
A methylator shall control and take account of goods in his entered premises in such manner and to such extent as the proper officer may require.
2
A methylator shall immediately record in such form and manner as the proper officer may require any deficiency, surplus or discrepancy in his stock or records and any explanation for that deficiency, surplus or discrepancy.
3
In addition to recording the details required by paragraph (2) above a methylator shall inform the proper officer of any such deficiency, surplus or discrepancy in accordance with the proper officer’s instructions.
4
The proper officer may give instructions that stock to which a deficiency, surplus or discrepancy relates shall not be moved or disturbed without his permission, and no person shall move or disturb such stock without the officer’s permission.
5
Instructions given under paragraphs (3) and (4) above may apply differently to different circumstances and may be varied from time to time.
Samples
13
A methylator shall allow the proper officer to take samples of any denaturants, dyes or markers in his premises.
PART IV
DENATURANTS, MARKERS, DYES AND CLASSES OF METHYLATED SPIRITS
Classes of methylated spirits
14
1
Spirits may be mixed with denaturants, markers and dyes in order to make the following classes of methylated spirits —
a
industrial methylated spirits;
b
mineralised methylated spirits; and
c
denatured ethanol.
2
A methylator shall ensure that the mixture of spirits with denaturants, markers and dyes is carried out in accordance with regulation 15 below.
Mixture of spirits with denaturants, markers and dyes
15
1
The 3 classes of methylated spirits referred to in regulation 14 above shall be manufactured by mixing denaturants with spirits and other goods in the following proportions —
a
in the case of industrial methylated spirits, with every 95 parts by volume of spirits there shall be mixed 5 parts by volume of wood naphtha;
b
in the case of mineralised methylated spirits, with every 90 parts by volume of spirits there shall be mixed 9.5 parts by volume of wood naphtha and 0.5 parts by volume of crude pyridine, and to the resulting mixture there shall be added mineral naphtha (petroleum oil) in the proportion 7.5 litres to every 2,000 litres of the mixture and synthetic organic dyestuff (methyl violet) in the proportion 3.0 grammes to every 2,000 litres of the mixture;
c
in the case of denatured ethanol, with every 999 parts by volume of spirits (which shall be of a strength not less than 85 per cent) there shall be mixed 1 part by volume of tertiary butyl alcohol and to the resulting mixture there shall be added “Bitrex” in the proportion 10 microgrammes per millilitre.
2
Wood naphtha, crude pyridine, mineral naphtha, tertiary butyl alcohol, “Bitrex” and dyes used in making methylated spirits in accordance with these Regulations shall, unless the proper officer otherwise permits, conform to the requirements of the Schedule to these Regulations.
3
Water may be mixed with spirits before methylation or with methylated spirits, but the quantity of water added must not reduce the proportion or quantity of denaturants in the resulting mixture below the proportions or quantities given above for the appropriate class of methylated spirits. For the purpose of ascertaining the proportion or quantity of denaturants in any such mixture the water shall be treated as if it were spirits.
PART V
OPERATIONS OF METHYLATORS
Notices
16
Before a methylator begins to methylate any spirits he shall give notice to the proper officer in the form required by the proper officer for that purpose and save as the proper officer may otherwise allow he shall give at least 24 hours notice in calculating of which no account shall be taken of Saturdays, Sundays or public holidays.
Vats etc.
17
1
A methylator shall not use any vat, tank or other receptacle which has not been approved under regulation 3 above.
2
A methylator shall not mix spirits and denaturants except at premises approved under regulation 3 above for that purpose.
3
Save as the proper officer may otherwise allow, a methylator shall not place any spirits in a vat or tank which already contains any other liquid unless that other liquid is an approved denaturant.
Minimum quantity of spirits for methylation
18
Save as the proper officer may otherwise allow, the methylator shall ensure that no spirits are methylated in a quantity of less than 2,000 litres at any one time.
Method of methylation
19
1
Save as the proper officer may otherwise allow, the methylator shall ensure that such part of the denaturants as the proper officer may require are placed in the mixing vat before any of the spirits to be methylated are added and that the remainder of the denaturants are subsequently added and mixed with the spirits without delay in such a manner that the final product consists of a homogeneous mixture.
2
The methylator shall ensure that the contents of any mixing vat are not disturbed for at least one hour after the mixing is completed.
PART VI
MOVEMENT AND DISTRIBUTION OF GOODS
Security for spirits removed for methylation
20
Save as the proper officer may otherwise allow, no person shall convey any spirits to the premises where they are to be methylated unless security has been given in respect of them by a bond in such amount and containing such conditions as may be required.
Removal from warehouse etc.
21
1
No spirits for methylation shall be received by a methylator from an excise warehouse without the Collector’s approval except that an authorised methylator may remove spirits from his own distillers warehouse without such approval.
2
Spirits intended for methylation may be removed from an excise warehouse to the approved premises of a methylator by tank-waggon, tank-craft, pipeline or such other means as the proper officer may approve, and the methylator shall ensure that the means for taking account of spirits so removed shall be provided to the satisfaction of the proper officer.
3
No person shall remove any spirits intended for methylation except under conditions of security approved by the proper officer.
Minimum quantity which may be supplied by a methylator
22
1
A methylator shall not supply less than 20 litres of methylated spirits to any person at one time.
2
This regulation does not apply to mineralised methylated spirits.
Marking containers
23
Save as the proper officer may otherwise allow, a methylator shall legibly and indelibly mark each container in which he keeps or supplies methylated spirits so as to describe the class of methylated spirits contained therein.
Restriction on the receipt of certain methylated spirits etc.
24
1
No person shall receive any industrial methylated spirits or denatured ethanol unless he has been authorised in writing by the proper officer to receive them.
2
A person wishing to be authorised to receive those methylated spirits under this regulation shall apply to the proper officer in the required form and shall supply such information with his application as the proper officer may require.
3
When granting an authority under this regulation the proper officer may make that authority subject to conditions and restrict it to the receipt of methylated spirits for certain purposes only and such methylated spirits shall thereafter only be used for those purposes.
4
The proper officer may at any time for reasonable cause vary or revoke any authority granted under this regulation or the conditions attached to it.
5
The person to whom any authority is granted under this regulation shall ensure that all conditions and requirements are complied with.
Procedure for supply of methylated spirits
25
1
No person shall send out from his premises any methylated spirits unless he has first received a written statement signed by the person to whom they will be sent that he is authorised to receive them; such authorisation may have been granted either under regulation 24 above or under any corresponding provision having effect in the Isle of Man.
2
No such statement shall relate to a period in excess of 12 months and the person who issues the statement shall immediately notify the person to whom it is issued of any change in his authority to receive methylated spirits.
3
The requirements of this regulation shall not apply in the following cases —
a
where the supply consists of mineralised methylated spirits; or
b
where a chemist or dispensing chemist supplies industrial methylated spirits in a quantity of 3 litres or less to a medical practitioner on a written order signed by that practitioner; or
c
where the supply is by a dispensing chemist who has received industrial methylated spirits in accordance with an authority granted under regulation 24 above and has manufactured them into articles in accordance with any conditions imposed under that regulation or where he has manufactured those methylated spirits into articles which are sold on the prescription of a medical practitioner or where he sells those methylated spirits for medical use on the prescription or order of a medical practitioner; or
d
where the spirits are sent out for delivery to a place outside both the United Kingdom and the Isle of Man.
Disposal of stocks in certain circumstances
26
1
If a methylator or an authorised user discontinues his business while holding stocks of methylated spirits or if any authority or licence under which he holds those stocks is revoked he shall within a reasonable time and to the satisfaction of the proper officer dispose of any methylated spirits in his possession.
2
Where the discontinuance of a business is caused by the death of a methylator or authorised user his personal representatives shall dispose of any methylated spirits which were in his possession at the time of his death in the manner required by paragraph (1) above.
PART VII
RECORDS AND RETURNS
Business records of methylators and authorised users
27
1
A methylator or authorised user shall keep such records relating to his business as methylator or authorised user as the proper officer may require, and those records shall be kept in such form and manner and in such place and shall contain such particulars as the proper officer may require.
2
When a methylator receives spirits from the occupier of an excise warehouse he shall furnish to that occupier a receipt in such form and manner and containing such particulars as the proper officer may require, and that receipt shall be furnished within such period as he may require.
General provisions as to records
28
1
Save as the proper officer may otherwise allow, any records relating to the business of a methylator or authorised user shall be preserved for not less that 2 years.
2
If any of the records required to be kept by or under these Regulations are not made or preserved in a form which is easily readable or which is not readable without the aid of equipment, the person keeping those records shall, at the request of the proper officer, produce the information contained in those records in the form of a transcript or other permanent legible reproduction.
3
The methylator or authorised user shall produce to the proper officer and allow him to inspect, copy or take extracts from any records referred to in these Regulations and any transcript or other permanent legible reproduction required to be produced under paragraph (2) above and the proper officer shall be allowed to remove them at a reasonable time and for a reasonable period.
Returns by methylators
29
Within 10 days of the end of every month or such other period as the proper officer may direct every methylator shall make a return to the proper officer in the form and manner required by him showing the quantity of spirits and denaturants received in that period, the quantity of spirits methylated in that period, the quantity of methylated spirits sent out from his premises in that period and the quantities of spirits, methylated spirits and denaturants in stock at his premises at the end of that period.
Returns by authorised users
30
Every authorised user shall, if the proper officer so requires, furnish to him on such date as he may require, a return in a form required by him showing the quantity of each class of methylated spirits used during the year ending on the date on which the return is required.
PART VIII
REVOCATION
Revocation
31
The Methylated Spirits Regulations 1983 shall cease to have effect.
Peter Jefferson-Smith
Commissioner of Customs and Excise
King’s Beam House,
Mark Lane,
London EC3R 7HE
25th November 1987


text:
Citation and commencement
1
These Regulations may be cited as the Education (Publication of proposals to change status of a controlled school) Regulations 1987 and shall come into force on 1st April 1987.
Publication of proposals
2
Any proposals which are required to be published by section 54(3) of the Education (No. 2) Act 1986 (Change of status of controlled school to aided school) shall be published:
a
in at least one newspaper circulating in the area served by the school to which the proposals relate;
b
by being posted in at least one conspicuous place within that area, and
c
by being posted at or near any main entrance to that school.
Kenneth Baker
Secretary of State for Education and Science
15th January 1987


text:
1
This Order may be cited as the Borough of Oadby and Wigston (Electoral Arrangements) Order 1987 and shall come into force one month after the day on which it is made.
2
1
The ordinary elections of councillors for all the wards of the Borough of Oadby and Wigston shall take place simultaneously in 1991 and every fourth year thereafter.
2
All the councillors of that Borough shall retire together in 1991 on the fourth day after the ordinary day of election and the newly elected councillors shall come into office on the day on which their predecessors retire.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
15th September 1987


text:
Citation and commencement
1
1
This Order may be cited as the Parliamentary Constituencies (England) (Miscellaneous Changes) (No.2) Order 1987.
2
Subject to section 4(6) of the Parliamentary Constituencies Act 1986, this Order shall come into force forthwith.
Reading East and Wokingham
2
For the county constituencies of Reading East and Wokingham as constituted by the Schedule to the Parliamentary Constituencies (England) Order 1983 (and described by reference to local government areas referred to in that Order), there shall be substituted the constituencies which are named in the Schedule to this Order and comprise the areas set out in that Schedule, which areas are local government areas as they existed on 16th April 1987 (and accordingly as altered by the Wokingham (Parishes) Order 1986 ).
Register of electors
3
Each electoral registration officer for the constituencies referred to in article 2 above shall make such re-arrangement or adaptation of the registers of parliamentary electors as may be necessary to give effect to this Order.
G. I. de Deney
Clerk to the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Structure and Local Plans) (Amendment) Regulations 1987 and shall come into force on 2nd November 1987.
Amendment of existing Regulations
2
The Town and Country Planning (Structure and Local Plans) Regulations 1982 shall have effect subject to the amendments set out in the Schedule.
Nicholas Ridley
Secretary of State for the Environment
1st October 1987
Peter Walker
Secretary of State for Wales
1st October 1987


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this order shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines 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 new trunk 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 HA10/EM27 marked “The North East of Birmingham – Nottingham Trunk Road The Birmingham – Nottingham Route (Ashby-de-la-Zouch Slip Roads) Order 1987” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY;
ii
“the main new trunk road”
has the meaning given in article 1 of The North East of Birmingham – Nottingham Trunk Road, The Birmingham – Nottingham Route (Appleby Magna to Kegworth Section and Slip Roads) No. 2 Order 1983 ;
iii
“the new trunk roads”
means the highways mentioned in article 1 of this Order; and
iv
“the Trunk Road”
means The North East of Birmingham – Nottingham Trunk Road (A453).
5
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 (Ashby-de-la-Zouch Slip Roads) 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:
1
The lengths of the highways described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall become trunk roads as from the date on which the Secretary of State notifies the County Council of Warwickshire and the County Council of Hereford and Worcester that the new trunk roads are open for through traffic.
2
In this Order: —
1
all measurements of distance are measured along the route of the relevant highways;
2
i
“the deposited plan” means the plan contained in the folio numbered HA 10/2 WMRO(L)XLV marked “The Evesham — Birmingham Principal Road (A435) (Norton to Arrow) Trunking Order 1987” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the trunk roads to be constructed by the Secretary of State in pursuance of the Bath-Lincoln Trunk Road (Alcester Bypasses A435/A422) Order 1987 ;
iii
“the A435” means the Evesham-Birmingham Principal Road; and
iv
“the A422” means the Worcester-Banbury Principal Road;
v
“the A439” means the Bath-Lincoln Trunk Road.
3
This Order shall come into force on 21st January 1988 and may be cited as the Evesham — Birmingham Principal Road (A435) (Norton to Arrow) Trunking Order 1987.
Signed by authority of the Secretary of State for Transport
H. F. Ellis-Rees
Regional Director West Midlands Region
Department of Transport
29th December 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Disablement Services Authority Regulations 1987 and shall come into force on 1st July 1987.
2
In these Regulations, unless the context otherwise requires —
“the Authority” means the Disablement Services Authority established by the Disablement Services Authority (Establishment and Constitution) Order 1987 ;
“member” means the chairman or other member of the Authority.
Appointment of members
2
The chairman and the other members of the Authority shall be appointed by the Secretary of State.
Tenure of office of members
3
Subject to the following provisions of these Regulations, the term of office of members shall be for such period, expiring on or before 31st March 1991, as the Secretary of State shall specify on making the appointment.
Termination of tenure of office
4
1
A member may resign his office at any time during the period for which he was appointed by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is satisfied that it is not in the interest of the Authority or the health service that a person whom he has appointed as a member should continue to hold that office, he may forthwith terminate that member’s tenure of office.
Vice-chairman
5
1
The Secretary of State may appoint a member of the Authority to be vice-chairman for such period as the Secretary of State may specify on making the appointment.
2
Where no such appointment is made, the chairman and members of the Authority shall elect one of their number, other than the chairman, to be vice-chairman for a period of one year or, where the period of his membership during which he is elected has less than a year to run, for the remainder of such period.
3
Any member so appointed or elected may at any time resign from the office of vice-chairman by giving notice in writing —
a
if he was appointed by the Secretary of State, to the Secretary of State;
b
in any other case, to the chairman,
and the Secretary of State may thereupon appoint another member, or failing such appointment, the chairman and members shall thereupon elect another member as vice-chairman in accordance with paragraph (1), or as the case may be, paragraph (2) of this regulation.
Application of regulations relating to membership and procedure
6
The provisions of regulation 5(4), (6) and (7) (termination of tenure of office), regulation 7 (disqualification for appointment), regulation 8 (cessation of disqualification), regulation 10 (powers of vice-chairman), regulation 11 (appointment of committees and sub-committees), regulation 12 (arrangements for exercise of functions), regulation 13 (meetings and proceedings), regulation 14 (disability of chairman and members in proceedings on account of pecuniary interests) of, and Schedule 1 (rules as to meetings and proceedings) to the National Health Service (Regional and District Health Authorities: Membership and Procedure) Regulations 1983 shall apply in relation to the Authority as if any reference therein to an Authority were a reference to the Authority and as if there were omitted any reference therein to a joint committee.
Reports and papers by the Authority
7
The Authority shall make reports to the Secretary of State in such manner and at such time, being at least once each year, as the Secretary of State may direct and shall furnish to the Secretary of State such information as he may from time to time require.
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
6th May 1987


text:
1
This Order may be cited as the Suppression of Terrorism Act 1978 (Designation of Countries) Order 1987 and shall come into force on 1st February 1988.
2
France is hereby designated as a party to the European Convention on the Suppression of Terrorism signed at Strasbourg on 27th January 1977.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
10th December 1987


text:
Citation and commencement
1
This Order may be cited as the Architects' Qualifications (EEC Recognition) Order 1987 and shall come into force on 19th November 1987.
Interpretation
2
In this Order —
“the 1931 Act ” means the Architects (Registration) Act 1931 ; and
“the 1938 Act ” means the Architects Registration Act 1938 .
3
At the end of section 2 of the 1931 Act there shall be inserted the following definitions —
The expression “the Directive” means European Communities Council Directive No. 85/384/EEC on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, as amended by European Communities Council Directives Nos. 85/614/EEC and 86/17/EEC .
The expression “competent authority”, in relation to a member State, means an authority or body designated by the member State in accordance with the Directive.
The expression “national” in relation to a member State means the same as in the Community Treaties, but does not include a person who, by virtue of article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services.
The expression “disqualifying decision in another member state” in relation to any person means a decision made by a competent authority of a member State other than the United Kingdom which —
a
is expressed to be made on the ground that he has committed a criminal offence or has misconducted himself in a professional respect; and
b
has in that State the effect that he is no longer registered or otherwise officially recognised as an architect or that he is prohibited from practising as an architect there.
.
Recognition of European Community architectural qualifications
4
In section 5(2)(a) and (b) and (3) of the 1931 Act the words “in pursuance of section 6” shall be inserted after the word “Act”.
5
After section 6 of the 1931 Act there shall be inserted the following section —
European qualifications.
6A
1
Subject to the provisions of this Act, a national of a member State who satisfies any of the requirements set out in subsection (2) shall on application made to the Council in the prescribed manner and on payment of the prescribed fee be entitled to be registered in pursuance of this section.
2
The requirements are that a person —
a
holds a qualification listed in the Fourth Schedule or, where the course of study leading to that qualification has been started no later than the beginning of the first academic year beginning after 5th August 1987, Part I of the Fifth Schedule to this Act, together with a certificate issued by a competent authority of a member State, in accordance with Article 23 of the Directive, stating that he has gained at least two years practical training experience in that member State under the supervision of a person established as an architect in that member State;
b
holds a qualification listed in Part II of the Fifth Schedule to the Act where the course of study leading to that qualification has been started no later than the beginning of the first academic year beginning after 5th August 1987, together with a certificate issued by a competent authority of the Federal Republic of Germany, in accordance with Article 4(1) of the Directive, stating that he has gained at least four years appropriate professional experience in the Federal Republic of Germany;
c
holds a certificate issued by a competent authority of a member State, in accordance with Article 12 of the Directive, stating that he has been, no later than the date on which that member State implemented the Directive, authorised in that member State to use the title of architect and that he has pursued activities in the field of architecture effectively for at least three consecutive years during the five years preceding the issue of the certificate;
d
holds a certificate issued by a competent authority of a member State, in accordance with Article 5 of the Directive, stating that he is, by reason of his distinguished achievements in the field of architecture, entitled to use the title of architect.
3
Where a person holds a certificate issued by a competent authority of the Federal Republic of Germany stating that a qualification awarded to that person by an institution in the German Democratic Republic after 8th May 1945 is of equivalent effect to a qualification listed in the Fourth or the Fifth Schedule to this Act, that person shall, for the purposes of this Act, be deemed to hold a qualification listed in the Fourth or, as the case may be, the Fifth Schedule to this Act.
4
The Council may refuse to register a person in pursuance of this section if they are aware that there is a disqualifying decision in another member State in force in respect of that person.
5
The Council shall cause a written notice of their decision on any application for registration in pursuance of this section to be served on the applicant within three months of his application being duly made.
6
If, in pursuance of Article 17(4) or 18(2) of the Directive, the Council consult a member State in respect of an application under this section, the period mentioned in subsection (5) shall be extended by such period as may elapse between initiating the consultation and the receipt by the Council of a final reply from that member State.
7
A person who is registered in pursuance of this section shall, when using his academic title or any abbreviations of it, express such title or abbreviation in the language or one of the languages of the member State in which the body conferring the title is located and shall follow the title or any abbreviation of it with the name and location of the body conferring the title.
.
6
There shall be inserted after the Third Schedule to the 1931 Act the Schedules set out in the Schedule to this Order.
7
After section 7 of the 1931 Act there shall be inserted the following section —
Removal of name from Register: disqualification in another member State.
7A
1
If a person’s name was entered on the Register in pursuance of section 6A of this Act at a time when there was a disqualifying decision in another member State in force in respect of that person, and if at that time the Council were unaware of that fact, the Council, on being satisfied that the person was at that time and still is subject to that disqualifying decision, may cause his name to be removed from the Register.
2
If a person who is registered under this Act in pursuance of section 6A becomes subject to a disqualifying decision in another member State expressed to be made on the ground that he has committed a criminal offence he shall be deemed for the purposes of section 7 of this Act, to have been convicted of that offence.
.
Visiting EEC architects
8
After section 1 of the 1938 Act there shall be inserted the following section —
Visiting EEC architects.
1A
1
A national of a member State who is established as an architect in a member State other than the United Kingdom may practise or carry on business under a name, style or title containing the word “architect” while visiting the United Kingdom without being a person registered under the principal Act during the period, and in respect of the services, for which his enrolment on the list of visiting EEC architects is effective.
2
Before so practising or carrying on business the person concerned shall supply to the Council —
a
a declaration in writing giving particulars of the services to be provided and the period or periods for which he expects to provide them; and
b
a certificate (or certificates), issued not more than 12 months previously by the competent authority of a member State in which he is established as an architect, showing that —
i
he is lawfully pursuing activities in the field of architecture in a member State other than the United Kingdom; and
ii
he satisfies any of the requirements set out in section 6A(2) of the principal Act.
3
Where a person complies with the requirements of subsection (2), the Council shall enrol his name on the list of visiting EEC architects maintained for the purposes of this section for such period or periods and in respect of such services as they consider appropriate having regard to the particulars given in the declaration referred to in subsection (2)(a).
4
The Council shall maintain, for the purposes of this section, in addition to the Register, a list of the names of visiting EEC architects enrolled from time to time under this section, with their qualifications and the periods for which and the services in respect of which their respective enrolments are effective; and the Council shall permit any person to inspect the list during normal working hours.
5
No fee shall be charged for enrolment under this section as a visiting EEC architect.
6
A person shall not be enrolled as a visiting EEC architect at a time when he is subject to —
a
a disqualifying decision in another member State; or
b
a period of disqualification from registration imposed by the Council under the principal Act.
7
A person’s name shall be removed from the list of visiting EEC architects if —
a
he becomes established as an architect in the United Kingdom;
b
he renders services in the United Kingdom otherwise than in accordance with a declaration made by him under subsection (2)(a); or
c
he may no longer lawfully pursue activities in the field of architecture in the member State referred to in subsection (2)(b)(i).
8
Section 7 of the principal Act and regulations made under section 13 of that Act for the regulation of disciplinary proceedings shall apply to a person who is or has been enrolled under this section as a visiting EEC architect as if that person had been registered under section 6 of that Act, and references to the Register and registration under this Act shall be construed accordingly.
9
A person enrolled on the list of visiting EEC architects shall, when using his title or any abbreviation of it, express such title or abbreviation in the language or one of the languages of the member State in which the body conferring the title is located and shall follow the title or any abbreviation of it with the name and location of the body conferring the title.
.
G.I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment Regulations 1987 and shall come into force on 15th May 1987.
Amendment of regulations
2
1
After Part VI of the National Health Service (General Dental Services) Regulations 1973 there is inserted the following Part–
Part VIA
PAYMENTS IN CONSEQUENCE OF SUSPENSION
Interpretation
26A
In this Part of these regulations, unless the context requires otherwise–
a
“claimant” means a person claiming to be entitled to, or receiving, payments;
“erasure” means the erasure of a person’s name from the register;
“fees” does not include remuneration by way of salary;
“immediate suspension” means suspension by virtue of an order under section 30(3) of the Dentists Act 1984 except suspension which is terminated by the court under section 30(6) of that Act;
“interim suspension order” means an order under section 32 of the Dentists Act 1984;
“payment” means a payment under this Part of these regulations;
“register” means the dentists register referred to in section 14(1) of the Dentists Act 1984 and “registration” means registration in that register;
“suspension date” means the date on which suspension of a person’s registration takes effect;
b
a reference to a direction or an order of the Health Committee is to a direction or an order of that Committee under the Dentists Act 1984.
Entitlement to payments
26B
1
Payments shall be made as provided for by this Part of these regulations to a dentist whose registration is suspended by an interim suspension order or by a direction or an order of the Health Committee.
2
No payment shall be made to a person–
a
whose registration has been suspended by a direction or an order of the Health Committee once he has received payments in respect of twelve months such suspension, whether in respect of the same or a previous period of such suspension and whether or not those twelve months formed a continuous period;
b
in respect of any part of a third or subsequent period of suspension by any direction or order of the Health Committee, no account being taken of a period of such suspension completed before 15th May 1987; or
c
in respect of any part of a period of suspension where in the period of two years immediately preceding the suspension date he received no fees for the provision of general dental services.
3
No payment shall be made to a person for a period (whether the whole or part of a period of suspension)–
a
earlier than 15th May 1987;
b
earlier than eight weeks before the date on which an application for payments is received by the Committee, unless the Committee is satisfied that the lateness of the application is due to illness or some other reasonable cause;
c
during which his name is not included in the dental list of a Committee;
d
during which he is absent from the United Kingdom;
e
for which he is entitled to any benefit under a contract of insurance against the risk of the suspension of his registration or of the circumstances which led to it or for which the Committee is satisfied he could have been so entitled but for his failure to enter into such a contract or to pay any premium due under such a contract;
f
during which he is serving a term of imprisonment;
g
during which he is remanded in custody in connection with a criminal offence for which he is (then or later) convicted; or
h
during which he is in breach of any condition of bail in connection with a criminal offence for which he is (then or later) convicted.
Application for payments
26C
1
An application for payments shall be made to the Committee in whose dental list the claimant’s name was included immediately before the suspension date; where his name was then included in the list of more than one Committee, the application shall be made to the Committee by whom the larger or largest amount of remuneration was payable to him in the two years immediately preceding that date.
2
An application for payments shall–
a
be in writing;
b
be made by the claimant or, where he is incapable of applying, on his behalf; and
c
contain or be supported by such information as the Committee may reasonably require for the purpose of establishing the claimant’s entitlement to payments.
Amount and time of payments
26D
1
A Committee to whom an application for payments is made in accordance with regulation 26C shall, having made such enquiries as it considers relevant, if satisfied that the claimant is entitled to payments by virtue of regulation 26B, determine that he shall, in respect of any period for which he is so entitled, receive payments which, subject to paragraphs (2) to (6), shall be of the following amounts–
a
where his registration is suspended by a direction or an order of the Health Committee–
i
£1808 per month for each of the first six months for which payments are made to him, whether in respect of that or a previous period of such suspension and whether or not those six months form a continuous period, and
ii
£904 per month thereafter;
b
where his registration is suspended by an interim suspension order–
i
where the period of interim suspension ends with an order for erasure or immediate suspension, £904 per month, and
ii
in any other case, £1808 per month.
2
Where in the period of two years immediately preceding the suspension date the total amount of a claimant’s gross fees received for the provision of general dental services was less than £99,415, the amount of payments made to him shall (subject to any further reduction under paragraph (3)) be the same proportion of the amount otherwise payable in accordance with paragraph (1) as that total amount of fees is of £99,415.
3
Where a claimant’s name was included in the dental list of a Committee for a period of less than two years immediately preceding the suspension date the amount of payments made to him shall be the same proportion of the amount otherwise payable in accordance with paragraph (1) or paragraph (2) as the number of complete months in that lesser period is of 24.
4
Where a claimant’s registration has been suspended by an interim suspension order or by a direction or an order of the Health Committee within a period of two years after the expiry of a previous period of any such suspension, the references in paragraphs (2) and (3) to the suspension date shall be taken as references to the suspension date as respects that previous period.
5
Where the Committee has to make a determination as to payments at a time when it does not know whether or not the period of a person’s interim suspension will end with an order for erasure or immediate suspension, or whether or not he will be convicted of a criminal offence, it shall make that determination as though his period of interim suspension did so end or he was convicted of the offence; but it shall review that determination and make an appropriate payment of any arrears if subsequently that period does not so end or he is not convicted of the offence.
6
Payments shall, so far as it is reasonably practicable, be made by the Committee at the end of each month in arrears, and an appropriate proportion of the amount for a full month shall be paid where the claimant is entitled to a payment for part only of a month.
Changes of circumstances
26E
1
A claimant shall notify the Committee in writing immediately of any changes in his circumstances which he might reasonably be expected to know might affect his entitlement to, or the amount of, any payment made or to be made to him by the Committee, and in particular of any erasure, immediate suspension or termination of suspension of his registration.
2
Where the Committee considers, whether or not following a notification under paragraph (1), that there has been a change of circumstances affecting a claimant’s payments it shall make the adjustment as respects those payments which is appropriate to take account of that change.
Overpayments
26F
Where the Committee considers that a payment has been made to a person owing to an error or in circumstances where it was not due it shall, except to the extent that the Secretary of State on the Committee’s application directs otherwise, draw the overpayment to the attention of that person and–
a
where he admits the overpayment; or
b
where he does not admit the overpayment but, the matter having been referred under regulation 6(6)(a) of the National Health Service (Service Committees and Tribunal) Regulations 1974 for investigation, the Committee, or the Secretary of State on appeal, decides that there has been an overpayment,
the overpayment shall be recoverable either by deduction from that person’s remuneration or payments or in some other manner.
.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State,
Department of Health and Social Security
22nd April 1987


text:
Citation, commencement and extent
1
These Regulations may be cited as the Inheritance Tax (Delivery of Accounts) Regulations 1987 and shall come into force on 1st August 1987.
2
These Regulations do not extend to Scotland or Northern Ireland.
Interpretation
3
In these Regulations “the Principal Regulations ” means the Capital Transfer Tax (Delivery of Accounts) Regulations 1981 as amended by the Capital Transfer Tax (Delivery of Accounts) (No.3) Regulations 1983 .
Amendments to Principal Regulations
4
In Regulation 3 of the Principal Regulations —
a
in paragraph (b) for “£40,000” there shall be substituted “£70,000”;
b
in paragraph (c) for the words from “10 per cent.” to “higher,” there shall be substituted “£10,000”;
c
in paragraph (d) for “1st April 1983” there shall be substituted “1st April 1987”.
D. B. Rogers
A. J. G. Isaac
Two of the Commissioners of Inland Revenue
30th June 1987


text:
1
These Regulations may be cited as the Police Federation (Amendment) Regulations 1987 and shall come into force on 1st August 1987.
2
1
In paragraph (4)(h) of regulation 19 of the Police Federation Regulations 1969 , there shall be substituted for the words from “offence under the Road Traffic Act 1960” to the word “blood” the words “offence under the Road Traffic Act 1972 or any other enactment relating to road traffic, other than offences under sections 5, 6, 7, 8 or 19 of that Act or section 12 of the Licensing Act 1872 (offences of driving or being in charge when impaired by drink or drugs and of driving, etc. with an undue proportion of alcohol in the blood)”.
2
For paragraph (5) of that regulation there shall be substituted the following provisions: —
5
Federation funds held by the joint central committee or, with the consent thereof, funds held by a central committee, may, on such terms and conditions as may be specified by the joint central committee in the circumstances of a particular case, and with the prior approval of the joint central committee, be used to defray legal charges incurred by such a person as is mentioned in paragraph (4)(h) in connection with criminal proceedings brought against him for causing the death of or injury to any person, or for any assault, committed as mentioned in paragraph (4)(h).
5A
In paragraph (5) “injury” includes any impairment of a person’s physical or mental condition.
.
Home Office
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
17th June 1987


text:
Citation and commencement
1
1
This Order may be cited as the Essex (District Boundaries) Order 1987.
2
This Order shall come into force on 1st January 1988 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1988.
Transfer from the district of Braintree to the district of Maldon
2
The area of the district of Braintree and the parish of Witham which is marked Area A on the map prepared by the Department of the Environment, marked “Map of the Essex (District Boundaries) Order 1987” and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976 shall be transferred to —
a
the district of Maldon;
b
the Wickham Bishops ward of that district;
c
the parish of Wickham Bishops;
d
the Tollesbury electoral division of the county of Essex;
e
the Dengie and Maldon petty sessional division.
Town and Country Planning
3
Any provisions of a local plan adopted by the Braintree District Council which apply immediately before 1st April 1988 to the area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan adopted by the Maldon District Council.
Land Registration
4
Registration of title to land under the Land Registration Acts 1925 to 1986 shall cease to be compulsory on sale in the area transferred by this Order save insofar as section 154(1) of the Housing Act 1985 applies to any dwelling-house situated in that area.
Signed by authority of the Secretary of State
Christopher Chope
Parliamentary Under Secretary of State,
Department of the Environment
5th September 1987


text:
1
This Order may be cited as the A4 Trunk Road (Great West Road, Hounslow) (Prescribed Routes) Order 1987 and shall come into force on 7th August 1987.
2
In this Order —
“Great West Road” means that length of the London to Bristol Trunk Road (A4) in the London Borough of Hounslow known as Great West Road;
“central reservation” means that part of Great West Road which separates the two carriageways of Great West Road for the safety and guidance of vehicles using that road;
“the U-turn facility” means that part of Great West Road which is separated from the southern side of its westbound carriageway by an island site and which extends from a point 125 metres southwest of the junction of Great West Road with Boston Manor Road to a point 195 metres southwest of that point; and
“the gap in the central reservation” means the gap in the central reservation which lies opposite the Trico-Foliberth factory at a point 140 metres southwest of the junction of Great West Road with Boston Manor Road.
3
Save as provided in articles 6 and 7 below, no person shall cause or permit any vehicle proceeding in the westbound carriageway of Great West Road to make a right turn so as to enter and proceed through the gap in the central reservation.
4
Save as provided in article 7 below, every person causing any vehicle proceeding in the eastbound carriageway of Great West Road to enter the gap in the central reservation, for the purpose of making a U-turn so as to proceed in the opposite direction to that in which it was proceeding, shall cause that vehicle to proceed through the said gap, cross the westbound carriageway of Great West Road and then enter the U-turn facility.
5
Save as provided in article 7 below, no person shall cause or permit any vehicle to proceed in the U-turn facility in any direction other than from east to west.
6
Nothing in article 3 above shall apply to any vehicle being used for fire brigade, police or ambulance purposes.
7
Nothing in this Order shall apply to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State
J.A.L. Dawson
An Assistant Chief Engineer in the
Department of Transport
5th August 1987


text:
Citation, revocation and interpretation
1
1
These Regulations may be cited as the Merchant Shipping (Pilot Ladders and Hoists) Regulations 1987 and shall come into force on 1st January 1988.
2
The Merchant Shipping (Pilot Ladders and Hoists) Regulations 1980 and the Merchant Shipping (Pilot Ladders and Hoists) (Amendment) Regulations 1981 are hereby revoked.
2
1
In these Regulations: —
“associated equipment” includes manropes, safety lines and harnesses, lifebuoys with self igniting lights, heaving lines, lighting, and when required by regulation 7(8), stanchions and bulwark ladders;
“existing ship” means a ship the keel of which was laid or which was at a similar stage of construction before 25th May 1980;
“Merchant Shipping Notice” means a Notice described as such issued by the Department of Transport and any reference to a particular Merchant Shipping Notice includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.
2
Any reference in these Regulations to a numbered regulation is a reference to the regulation of that number in these Regulations.
Application and classification of ships
3
These Regulations apply in relation to:
a
sea-going United Kingdom ships; and
b
other sea-going ships while they are within the United Kingdom or the territorial waters thereof:
Provided that these Regulations shall not apply to a ship which is not a United Kingdom ship flying the flag of a State which is not a party to the International Convention for the Safety of Life at Sea 1974 by reason of her being within the United Kingdom or within the territorial waters thereof if she would not have been there but for stress of weather or any other circumstances which could not have been prevented by the master, the owner or the charterer (if any).
4
For the purpose of these Regulations the ships to which these Regulations apply shall be arranged in the same classes in which ships are arranged for the purposes of the Merchant Shipping (Life-Saving Appliances) Regulations 1980 and any reference in these Regulations to a ship of any class shall be construed accordingly.
Provision of pilot ladders, accommodation ladders, hoists and associated equipment.
5
1
Every ship of
i
Classes, I, II , II(A), VII , VII(T), VII(A), VIII , VIII(T), VIII(A), and VIII(A)(T);
ii
Class X where the distance in normal operating conditions, from the water to the point of access to the vessel exceeds 2.5 metres; and
iii
Classes III to VI (A) inclusive and of IX , IX(A), IX(A)(T), XI , and XII , when engaged on a voyage during the course of which a pilot is likely to be employed;
shall be provided by the owner with a pilot ladder and associated equipment complying with the requirements of regulation 7(3) to (10) and, when required by regulation 5(2)(b), an accommodation ladder or ladders complying with the requirements of regulation 7(2).
2
The owner shall ensure that —
a
suitable positions are available on each side of the ship to enable the master to comply with the requirements of regulation 7(1) and 7(2);
b
in every ship to which paragraph (1) above applies, where the distance from the sea level to the point of access to the ship is more than 9 metres, accommodation ladders sited on each side of the ship, are provided: Provided however that a single accommodation ladder capable of being transferred, or other equally safe and convenient means, may be provided instead.
c
all mechanical pilot hoists (hereinafter referred to as “hoists”) if fitted, comply with regulations 8 and 9.
Pilot ladders, accommodation ladders, hoists and associated equipment
6
The master shall ensure that —
a
each pilot ladder, accommodation ladder and associated equipment meets the requirements of regulation 7, as appropriate, and is efficient for the purpose of enabling pilots, officials and other persons to embark and disembark safely;
b
each pilot ladder, accommodation ladder, hoist and associated equipment is properly maintained and stowed and regularly inspected to ensure that, so far as is reasonably practicable, each is safe to use;
c
each pilot ladder is used only for the embarkation and disembarkation of pilots and by officials and other persons while a ship is arriving at or leaving a port;
d
the rigging of the pilot ladder, accommodation ladder, hoist and associated equipment used for the transfer of pilots and the embarkation and disembarkation of persons thereby is supervised by a responsible officer of the ship.
7
1
Every pilot ladder shall be so positioned and secured —
a
that it is clear of any possible discharges from the ship;
b
that it is within the parallel body length of the ship and, as far as is practicable, within the mid-ship half section of the ship taking into consideration paragraphs 7 and 8 of Merchant Shipping Notice No. 898;
c
that each step rests firmly against the ship’s side, and, if belting is fitted in way of this position, such belting shall be cut back sufficiently to comply with this requirement;
d
that the person using it can gain safe and convenient access to the ship after climbing not less than 1.5 metres and not more than 9 metres.
2
a
Where an accommodation ladder is provided for the purpose of regulation 5(2) it shall be so sited that, when used in conjunction with a pilot ladder for embarking or disembarking pilots, officials and other persons, the lower end of the accommodation ladder rests firmly against the side of the ship within the parallel body length of the ship and, as far as is practicable, within the mid-ship half section and leading aft. Precautions shall be taken to bowse-in such accommodation ladder falls against the roll of the ship.
b
Whenever an accommodation ladder is used in conjuction with a pilot ladder the pilot ladder shall be rigged immediately adjacent to the lower platform of the accommodation ladder so that the pilot ladder’s upper end extends at least 2 metres above the accommodation ladder’s lower platform.
3
A single length of pilot ladder shall be used capable of reaching the water from the point of access to or egress from the ship and due allowance shall be made for all conditions of loading and trim of the ship. The securing strongpoints, shackles and securing ropes shall be at least as strong as the side ropes specified in paragraph (5) below.
4
The steps of the pilot ladder shall —
a
be made of ash, oak, elm, or teak or other hardwood or other material of equivalent strength, stiffness and durability. The four lowest steps may be of rubber or other material of equivalent strength, stiffness and durability;
b
be made in one piece, and in the case of wooden steps free of knots;
c
have an efficient non-slip surface;
d
be not less than 480 millimetres long, 115 millimetres wide and 25 millimetres in depth, excluding any non-slip device or grooving;
e
be equally spaced not less than 300 millimetres nor more than 380 millimetres apart; and
f
be secured in such a manner that each will remain horizontal;
Provided that —
i
no pilot ladder shall have more than two replacement steps which are secured in position by a method different from that used in the original construction of the ladder, and any steps so secured shall be replaced as soon as reasonably practicable by steps secured in position by the method used in the original construction of the pilot ladder; and
ii
when any replacement step is secured to the side ropes of the pilot ladder by means of grooves in the sides of the step, such grooves shall be in the longer sides of the step.
5
The side ropes of the pilot ladder shall consist of two manila ropes not less than 18 millimetres in diameter on each side. Each rope shall be left uncovered by any other material, and shall be continuous with no joins below the top step.
6
i
Two man-ropes of not less than 20 millimetres in diameter properly secured to the ship shall be provided; and
ii
a safety line and harness for rescue purposes shall be kept at hand ready for use; and
iii
a lifebuoy equipped with a self-igniting light shall be kept at hand ready for use; and
iv
a heaving line shall be kept at hand ready for use.
7
Spreaders between 1.80 metres and 2.00 metres long, made of ash, oak, elm or teak or other hardwood or other material of equivalent strength, stiffness and durability, made in one piece, and in the case of wooden spreaders, free of knots, shall be provided at such intervals as will prevent the ladder from twisting. The lowest spreader shall be on the fifth step from the bottom of the ladder, and the interval between any spreader and the next shall not exceed nine steps.
8
a
Means shall be provided to ensure safe and convenient passage for any person embarking on or disembarking from the ship between the head of the pilot ladder, or of any accommodation ladder or other appliance provided pursuant to paragraph (2) above and the ship’s deck.
b
Where such passage is by means of a gateway in the rails or bulwark, adequate handholds shall be provided.
c
Where such passage is by means of a bulwark ladder, such ladder shall be securely attached to the bulwark rail or landing platform. Two hand-hold stanchions shall be fitted at the point of embarking on or disembarking from the ship on each side which shall be not less than 700 millimetres nor more than 800 millimetres apart. Each stanchion shall be rigidly secured to the ship’s structure at or near its base and also at a higher point, shall be not less than 40 millimetres in diameter and shall extend not less than 1.20 metres above the top of the bulwarks. Stanchions or handrails shall not be attached to the bulwark ladder.
9
Lighting shall be provided such that both the pilot ladder overside and also the position where any person embarks or disembarks on the ship shall be adequately lit.
10
Means shall be provided to enable the pilot ladder to be used, in accordance with the requirements of this regulation, on either side of the ship.
Hoists
8
1
The owner shall ensure that a hoist, if provided, and its ancillary equipment, is of a type approved by the Secretary of State. It shall be of such design and construction as to ensure that any person can be embarked and disembarked in a safe manner, including a safe access from the hoist to the deck and from the deck to the hoist. The hoist shall be used solely for the embarkation and disembarkation of pilots, and of officials and other persons while a ship is arriving at or leaving a port.
2
The hoist shall be so located that it is within the parallel body length of the ship and, as far as is practicable, within the mid-ship half section of the ship taking into consideration Merchant Shipping Notice No. M898.
3
From a standing position at the control point it shall be possible for the operator to have the hoist under observation continuously between its highest and lowest working positions.
4
The owner and master shall ensure that in respect of the hoist there is on board a copy of the manufacturer’s maintenance manual, approved by the Secretary of State, which contains a maintenance log book. The hoist shall be maintained in accordance with the maintenance manual.
5
A record of maintenance and repairs of the hoist shall be entered in the maintenance log book by the officer responsible for its maintenance.
6
Notwithstanding the previous provisions of this regulation, in the case of existing ships, any hoists which are fitted and were manufactured before 20th November 1973, may be carried, if they have been modified in accordance with Merchant Shipping Notice No. M898.
7
Any approval given pursuant to this regulation shall be given in writing and shall specify the date when it is to come into force and the conditions (if any) on which it is given.
Construction of hoist
9
1
The working load of a hoist shall be the sum of the weight of the hoist ladder and falls in the fully lowered condition and the maximum number of persons which the hoist is designed to carry, the weight of each person being taken as 150 kg. The maximum complement a hoist is permitted to carry shall be clearly and permanently marked on the hoist.
2
Every hoist shall be of such construction that, when operating under the working load determined in accordance with paragraph (1) above, each component shall have an adequate factor of safety having regard to the material used, the method of construction and the nature of its duty.
3
In selecting the materials of construction, regard shall be paid to the conditions under which the hoist will be required to operate.
4
The hoist shall consist of the following main parts —
a
a mechanically powered winch;
b
two separate falls;
c
a ladder consisting of two parts —
i
a rigid upper part for the transportation of any person upwards or downwards;
ii
a flexible lower part, consisting of a short length of pilot ladder, which enables any person to climb from the pilot launch or tender to the rigid upper part of the ladder and vice versa.
Mechanically powered winch
5
a
The source of power for the winches shall be electrical, hydraulic or pneumatic. In the case of a pneumatic system, an exclusive air supply shall be provided with adequate arrangements to control its quality. In the case of ships engaged in the carriage of flammable cargoes, the source of power shall not be such as to cause a hazard to the ship. All systems shall be capable of efficient operation under the conditions of vibration, humidity and range of temperature likely to be experienced in the ship in which they are installed.
b
The winch shall include a brake or other equally effective arrangement (such as a properly constructed worm drive) which is capable of supporting the working load in the event of power failure. The brake or other arrangement shall be capable of supporting the working load when the hand gear is in use.
c
Efficient hand gear shall be provided to lower or recover, at a reasonable speed, the person carried in the event of power failure.
d
Any crank handle provided for manual operation shall, when engaged, be so arranged that the power supply is automatically cut off.
e
Hoists shall be fitted with automatic safety devices in order to cut off the power supply when the ladder comes against any stop so as to avoid overstressing the falls or any other part of the hoist: provided that in the case of hoists operated by pneumatic power, the safety cut-out device may be omitted if the maximum torque available from the air motor cannot result in overstressing of the falls or other parts of the hoist.
f
All hoist controls shall incorporate an emergency stop to cut off the power supply and an emergency stop switch within easy reach of the person carried by means of which he may cut off the power.
g
The winch controls shall be clearly and durably marked to indicate “Hoist”, “Stop” and “Lower”. The manner in which these controls operate shall correspond to the manner in which the hoist operates and shall automatically return to the “Stop” position when released.
h
Efficient arrangements shall be provided to ensure that the falls wind evenly on to the winch-drums.
i
The hoist shall be securely attached to the structure of the ship. Attachment shall not be solely by means of the ship’s side rails. Proper and strong attachment points shall be provided for the hoists of the portable type on each side of the ship.
j
The winch shall be capable of hoisting or lowering the safe working load (determined in accordance with regulation 9(1)) at a speed of between 15 and 30 metres per minute.
k
There shall be safe means of access between the ladder at its upper limit and the deck and vice versa; such access shall be gained directly by a platform securely guarded by handrails.
l
An electrical appliance associated with the ladder section of the hoist shall not be operated at a voltage exceeding 25 volts.
Falls
6
a
The falls shall be made of flexible steel wire rope of adequate strength and resistant to corrosion in a salt-laden atmosphere.
b
The falls shall be securely attached to winch-drums and the ladder. These attachments shall be capable of withstanding a proof load of not less than 2.2. times the load on such attachments. The falls shall be maintained at a sufficient relative distance from one another, so as to reduce the possibility of the ladder becoming twisted.
c
The falls shall be of sufficient length to allow for all conditions of freeboard likely to be encountered in service and to retain at least three turns on the winch-drums with the hoist in its lowest position.
Ladder section
7
a
The rigid part shall be not less than 2.50 metres in length and be equipped in such a way that the person carried can maintain a safe position whilst being hoisted or lowered. Such part shall be provided with —
i
a sufficient number of steps complying with sub-paragraph (c) of this paragraph to provide a safe and easy access to and from the platform referred to in paragraph (5)(k) of this regulation;
ii
safe handholds capable of being used under all conditions including extremes of temperature, together with non-slip steps;
iii
a spreader at the lower end of not less 1.80 metres. The ends of the spreader shall be provided with rollers which shall roll freely on the ship’s side during the whole operation of embarking or disembarking;
iv
an effective guard ring, suitably padded, so positioned as to provide physical support for the person carried without hampering movement;
v
adequate means for communication between the person carried and the operator and/or the responsible officer who supervises the embarkation or disembarkation of the person carried;
vi
an emergency stop switch within easy reach of the person carried by means of which he may cut off the power.
b
Below the rigid part mentioned in sub-paragraph (a) above, a section of flexible ladder comprising eight steps shall be provided, constructed in accordance with the following requirements —
The steps of the flexible ladder shall —
be made of ash, oak, elm or teak or other hardwood or other material of equivalent strength, stiffness and durability. The four lowest steps may be of rubber or other material of equivalent strength, stiffness and durability;
be made in one piece, and in the case of wooden steps, free of knots;
have an efficient non-slip surface;
be not less than 480 millimetres long, 115 millimetres wide, and 25 millimetres in depth, excluding any non-slip device or grooving;
be equally spaced not less than 300 millimetres nor more than 380 millimetres apart; and
be secured in such a manner that each will remain horizontal;
Provided that —
No flexible ladder section shall have more than two replacement steps which are secured in position by a method different from that used in the original construction of the flexible ladder section and any steps so secured shall be replaced as soon as reasonably practicable by steps secured in position by the method used in the original construction of the flexible ladder. When any replacement step is secured to the side ropes of the ladder by means of grooves in the sides of the step, such grooves shall be in the longer sides of the step; and
the side ropes of the flexible ladder section shall consist of two manila ropes not less than 18 millimetres in diameter on each side. Each rope shall be left uncovered by any other material and shall be continuous with no joins below the top step.
c
The steps of the flexible ladder section and those of the rigid ladder section shall be in the same vertical line, of the same width, spaced vertically equidistant and placed as close as practicable to the ship’s side. The handholds of both parts of the ladder section shall be aligned as closely as possible.
d
If belting is fitted in the way of the hoist position, such belting shall be cut back sufficiently to allow the hoist to be placed as close as practicable to the ship’s side.
Operation of the hoist
8
a
The master shall ensure that rigging and testing of the hoist pursuant to paragraph (9) below and the embarkation and disembarkation of any person is supervised by a responsible officer of the ship. Any person engaged in rigging and operating the hoist shall be instructed in the rigging and operating procedures to be adopted and the equipment shall be tested prior to the embarkation or disembarkation of any person.
b
The master shall ensure that lighting is provided so that the hoist overside, its controls and the position where the person carried embarks or disembarks on the ship is adequately lit; and that the equipment specified in regulation 7(6)(ii), (iii), and (iv) is kept at hand ready for use if required.
c
The master shall ensure that a pilot ladder complying with the provisions of regulation 7 is rigged adjacent to the hoist and available for immediate use so that access to it is available from the hoist during any point of its travel; and that the pilot ladder is capable of reaching the sea level from its own point of access to the ship.
d
The position on the ship’s side where the hoist will be lowered shall be indicated.
e
An adequately protected stowage position shall be provided for the hoist. In very cold weather the master shall ensure that the hoist is rigged in adequate time having regard to the danger of ice formation.
Testing
9
a
Every new hoist shall be subjected to an overload test of 2.2 times the working load. During this test the load shall be lowered a distance of not less than 5 metres and the brake applied to stop the hoist drum. Where a winch is not fitted with a brake, and depends upon an equally effective arrangement as prescribed in regulation 9(5)(b) to support the load in the event of power failure, the load shall be lowered at the maximum permitted lowering speed and a power failure shall be simulated to show that the hoist will stop and support the load.
b
An operating test of 10 per cent overload shall be carried out after installation on board the ship.
c
Subsequent examinations of the hoists under working conditions shall be made at each annual or intermediate and renewal survey for the vessel’s safety equipment certificate.
d
i
The master shall ensure that, in addition to the testing required in sub-paragraphs (a), (b) and (c) of this paragraph, regular test rigging and inspection, including a load test to at least 150 kg , shall be carried out by designated ship’s personnel at intervals of not more than six months.
ii
A record to that effect shall be made by the master in the ship’s official logbook.
iii
In ships not required to keep an official logbook, a record to that effect shall be made by the master or person responsible for maintaining such records and be retained on board for a period of not less than 12 months.
Equivalents
10
Where these Regulations require that a particular fitting, material, appliance or apparatus or type thereof, shall be fitted or carried in a ship, or that any particular provision shall be made, the Secretary of State may permit any other fitting, material, appliance or apparatus, or type thereof to be fitted or carried, or any other provision to be made in that ship if he is satisfied after trial thereof or otherwise that such other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by these Regulations.
Penalties
11
1
A master of a ship who contravenes any provision of regulations 6, 8(4) or 9(8)(a), (b), (c), (e) or (9)(d)(i) shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1000 or, on conviction on indictment, to imprisonment for a term not exceeding two years and a fine.
2
An owner of a ship who contravenes regulations 5 or 8(1) or (4) shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1000 or, on conviction on indictment, to imprisonment for a term not exceeding two years and a fine.
3
An officer who fails to supervise as instructed by the master and required by regulations 6(d) or 9(8)(a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding £500 or on conviction on indictment to imprisonment for a term not exceeding one year and a fine.
4
An officer responsible for the maintenance of the hoist who fails to keep a record as required by regulation 8(5) shall be guilty of an offence and liable on summary conviction to a fine not exceeding £500.
5
Any person who fails to comply with regulation 9(9)(d)(ii) or (iii) shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50.
6
It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable steps and exercised all due diligence to ensure that the Regulations were complied with.
Power to detain
12
If a ship to which these Regulations apply carries a pilot ladder or hoist which does not conform to the specified requirements of these Regulations, the ship shall be liable to be detained and section 692(1) — (3) of the Merchant Shipping Act 1894 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that for the words “this Act” wherever they appear, there were substituted “the Merchant Shipping (Pilot Ladders and Hoists) Regulations 1987”.
Signed by authority of the Secretary of State.
David B. Mitchell
Minister of State,Department of Transport
18th November 1987


text:
1
This Order may be cited as the Broadcasting (Extension of Duration of IBA ’s Function) Order 1987 and shall come into force on the day after the day on which it is made.
2
In section 2(1) of the Broadcasting Act 1981 , for the words “31st December 2001” there shall be substituted the words “31st December 2005”.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
6th April 1987