text:
Application, title and commencment
1
This Scheme, which applies to England and Wales, may be cited as the Milk (Cessation of Production) (England and Wales) Scheme 1987, and shall come into force on 10th June 1987.
Interpretation
2
1
In this Scheme, unless the context otherwise requires —
“ the Act ” means the Milk (Cessation of Production) Act 1985;
“allocated quota” means registered quota other than transferred quota;
“applicant” means a person who applies for compensation under this Scheme, and “application” shall be construed accordingly;
“appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and, in relation to Wales, the Secretary of State for Wales;
“authorised officer” means a duly authorised officer of the appropriate Minister;
“base quota” means quota, other than transferred quota, which was allocated under the Dairy Produce Quotas Regulations 1984 otherwise than in accordance with Article 3(1) (development awards) or Article 4(1)(c) (awards to producers undertaking farming as their main occupation) of Council Regulation ( EEC ) No. 857/84 ;
“direct sales quota” has the same meaning as in the 1986 Regulations ;
“farming press” means any newspaper, journal or similar publication considered by the appropriate Minister to be likely to be read by interested parties;
“ Gazette ” means the London Gazette;
“holding” has the same meaning as in the 1986 Regulations;
“landlord” means, in relation to the tenant of a holding or part of a holding, any person who either solely or jointly owns, or has a superior tenancy of, that holding, or of that part of that holding, and “landlord’s interest” shall be construed accordingly;
“landlord’s amount” means an amount calculated in accordance with paragraph 13;
“milk” means cows' milk;
“notice” means notice in writing;
“quota”, in relation to a holding, has the meaning ascribed to it in the 1986 Regulations;
“quota year” has the meaning ascribed to it in regulation 2(1) of the 1986 Regulations;
“registered”, in relation to quota, means —
in the case of direct sales quota, registered in the direct sales register maintained under the 1986 Regulations, and
in the case of wholesale quota, registered in a wholesale register maintained under those Regulations;
“relevant quota” means —
in a case where a tenant’s holding consists only of the land subject to the relevant tenancy, the quota registered in relation to that holding under the 1986 Regulations; and
in any other case, such part of that quota as would fall to be apportioned to land comprised in the relevant tenancy under Regulation 8 of the 1986 Regulations on a change of occupation of that land;
“tenant” means a person who occupies a holding or part of a holding by virtue of a tenancy or licence to occupy, and “tenancy” shall be construed accordingly;
“the 1986 Regulations” means the Dairy Produce Quotas Regulations 1986 ;
“ the Tribunal ” means the Dairy Produce Quota Tribunal for England and Wales;
“transferred quota” means quota transferred to a holding by virtue of the transfer to that holding of the whole or part of another holding;
“wholesale quota” has the same meaning as in the 1986 Regulations.
2
In this Scheme —
a
any reference to a numbered paragraph shall be construed as a reference to the paragraph so numbered in this Scheme; and
b
any reference in a paragraph to a numbered or lettered sub-paragraph shall be construed as a reference to the sub-paragraph so numbered or lettered in that paragraph.
Applications under this Scheme
3
1
The appropriate Minister shall, by advertisement published in the Gazette and the farming press, announce the opening and closing dates of the period during which applications may be submitted, and the procedural requirements in respect of applications.
2
For the purposes of an application under this paragraph, an applicant’s quota shall be taken to be the amount of quota to which he is entitled at the date of the application.
Persons eligible for payments under this Scheme
4
1
The appropriate Minister may make payments under this Scheme to any person who is or has been a registered milk producer and who —
a
undertakes to cease producing milk for sale or for the manufacture of any milk product for sale and to surrender all his milk quota to the reserve; or
b
i
is entitled to a total milk quota of at least 242,790 litres, and
ii
undertakes to reduce his production of milk for sale or for the manufacture of any milk product for sale and to surrender not less than 50% of his milk quota to the reserve.
2
The appropriate Minister shall not make any payment under sub-paragraph (1) in respect of milk quota against which milk has been or will at the date of surrender have been produced in the 1987/1988 quota year.
3
The appropriate Minister shall not make a payment under sub-paragraph (1) to a person who has, at any time, received as applicant a payment under —
a
Council Regulation (EEC) No. 1353/73 and Commission Regulation (EEC) No. 1821/73 (which together lay down a scheme to encourage the reduction of the production of milk and milk products);
b
the Farm Structures (Payments to Outgoers) Scheme 1976 ;
c
Council Regulation (EEC) No. 1078/77 and Commission Regulation (EEC) No. 1307/77 (which rogether lay down schemes to encourage the reduction of the production of milk and milk products);
d
a non-statutory Scheme under which a person receiving payments undertook to give up milk production for the period specified in, and in accordance with the terms of, that Scheme; or
e
the Milk (Community Outgoers Scheme) (England and Wales) Regulations 1986 , or any other scheme corresponding with this Scheme which applies in any other part of the United Kingdom.
Basis of claims and rates of compensation under this Scheme
5
1
A person may claim compensation under this Scheme in respect of either —
a
loss or profits in the 7 years immediately following the date on which he ceases to produce milk for sale or for processing into milk products for sale, by reference to the amount of milk quota he surrenders; or
b
the value of the amount of the milk quota he surrenders.
2
Payments made by the appropriate Minister under this Scheme shall be calculated —
a
in a case falling within sub-paragraph (1)(a), at the rate of 3.927 pence per litre on a quantity equal to the amount of milk quota surrendered for each of the 7 years immediately following the date on which the applicant ceases to produce milk for sale or for processing into milk products for sale, in relation to the amount of quota surrendered; and
b
in a case falling within sub-paragraph (1)(b), at the rate of 27.489 pence per litre on that quantity, payable in 7 equal annual instalments.
Over-subscription
6
1
The total amount of quota by reference to which the appropriate Ministers may make payments under this Scheme shall not exceed 34.43 million litres.
2
In determining whether to accept or reject an application, the appropriate Minister shall give preference to applications in order of their receipt by him.
3
The appropriate Minister shall give notice of his acceptance or rejection of an application to the applicant.
4
An applicant may withdraw an application before the end of the period of 14 days beginning with the date of service on the applicant of a notice of acceptance served on him under sub-paragraph (3).
Requirement for landlord’s consent
7
1
Where an application is made by an applicant who occupies his holding, or any part thereof, as a tenant, he shall, unless the condition specified in sub-paragraph (2) has been fulfilled, serve a copy of the application on his immediate landlord on the day on which he submits it.
2
The condition referred to in sub-paragraph (1) is that, in respect of each person having a landlord’s interest in the holding in relation to which the application is made, or in any part thereof, either —
a
the consent in writing of that person to the application has been obtained by the tenant; or
b
that person has unreasonably refused his consent to the application.
3
Where, within 21 days of the receipt of a copy of an application served in accordance with sub-paragraph (1), or of a notice served in accordance with paragraph 11, a landlord objects to the application by notice served on the tenant and the appropriate Minister on one or more of the grounds specified in paragraph 9, the tenant shall be deemed to have withdrawn his application unless, within 14 days of receipt of that notice of objection, he —
a
by notice served on that landlord, demands that the question of whether or not that objection should be upheld shall be determined by arbitration; and
b
by notice served on the appropriate Minister, informs him of that demand.
Unreasonable refusal of consent
8
1
For the purposes of paragraph 7, a landlord shall have unreasonably refused his consent to an application if —
a
having been served with a notice informing him of the tenant’s application or intention to make an application, he has not, within 21 days of service on him of that notice, served a notice objecting to that application on one or more of the grounds specified in paragraph 9 on —
i
the tenant,
ii
his immediate lessee or licensee, where that person is not the tenant, and
iii
where the application has already been made, the appropriate Minister; or
b
he has so objected, but on arbitration under paragraph 10 an arbitrator has made a determination not to uphold the objection, and the arbitrator’s determination has not been reversed, and there is not pending in respect thereof an appeal lodged under paragraph 17.
2
If a landlord objects to the determination of an arbitrator, he may, within 14 days of the delivery of that determination, lodge an appeal under paragraph 17, and, in that event, he shall serve a notice on —
a
the tenant,
b
his immediate lessee or licensee, where that person is not the tenant; and
c
the appropriate Minister,
informing them of that appeal; and during that period of 14 days, there shall, for the purposes of sub-paragraph (1), be deemed to be pending an appeal lodged under paragraph 16.
Landlord’s objections to an application
9
1
Subject to sub-paragraph (2), the grounds upon which a landlord may object to a tenant’s application in relation to a holding, or part of a holding, for the purposes of paragraph 7 or paragraph 8 are —
a
that it appears to him that the compensation which he would receive on arbitration in accordance with this Scheme if that application was successful or the amount which the tenant is prepared to pay (if that amount is greater) would be less than the capital value of the loss of rent which an arbitrator would determine that he would suffer as a result of the surrender of the relevant quota;
b
that the tenant, or any landlord, is bound by a covenant (however expressed) entered into with any person holding a superior interest in the relevant land, or with the predecessor of that person, to the effect either that —
i
the holding, or any part thereof, will be farmed as a dairy farm, or
ii
any quota on that holding or part of that holding will be maintained;
c
that the landlord is a smallholdings authority for the purposes of section 38 of the Agriculture Act 1970 (smallholdings authorities) which holds the holding, or any part thereof, for the purposes of smallholdings in accordance with Part III of that Act, and which intends, at the end of the current tenancy, to re-let, for the purposes of smallholdings, the holding, or any part thereof, or part of any part of that holding, to be farmed as a dairy farm.
2
A landlord may not object to a tenant’s application on the ground specified in sub-paragraph (1)(b)(ii) if the covenant concerned relates solely to commodities other than milk.
Arbitration of landlord’s objection to an application
10
1
On a reference under paragraph 7(3) the arbitrator shall determine whether or not the objection should be upheld.
2
a
An objection on the ground specified in paragraph 9(1)(a) shall not be upheld unless the arbitrator is satisfied that the landlord’s compensation under this Scheme or the amount which the tenant is prepared to pay (if that amount is greater) would be less than the capital value of the loss of rent which the landlord could reasonably be expected to suffer as a result of the surrender of the relevant quota;
b
where the capital value referred to in sub-paragraph (2)(a) has previously been assessed by an arbitrator for the purposes of paragraph 13(2)(a), the capital value so assessed shall be deemed to be the capital value for the purposes of sub-paragraph (2)(a) but where that capital value has not previously been so assessed, the arbitrator on a reference under paragraph 7(3) shall assess that capital value in accordance with paragraph 13(3)(b).
3
An objection on the ground specified in paragraph 9(1)(c) shall not be upheld by the arbitrator unless the authority concerned enters into a covenant with the tenant to the effect that —
a
if any land subject to the tenancy is re-let for any purpose other than dairy farming within 5 years from the date of the covenant, or if any of that land is sold within that period; and
b
if, but for the authority’s refusal of consent, the tenant could have made a valid application,
the authority will pay to the tenant an amount equal to that which he will have lost as a result of the authority’s objection.
4
Any amount due to the tenant by virtue of sub-paragraph (3) may be determined by agreement between the parties, and, in default of agreement, the tenant may, by notice served on the authority, demand that the amount be determined by arbitration; and on a reference under this paragraph, the arbitrator shall determine the amount.
5
In assessing the amount which the tenant will have lost for the purposes of sub-paragraph (3), the arbitrator shall take into account any payment made to the tenant by any person in respect of the relevant quota.
Service of notices on superior landlords
11
Where a landlord is informed, by the service of a copy of an application under paragraph 7 or a notice under paragraph 8 or this paragraph, of a tenant’s application or intention to make an application in respect of a holding, he shall, in respect of any part of that holding in respect of which he has an interest (but in respect of which he is not the owner), within 7 days of the receipt of such copy or notice, serve a notice on his immediate landlord informing him of the tenant’s application or intention to make an application; and he shall send a copy of such notice to the tenant and to the appropriate Minister.
Landlord’s right to payment
12
1
Subject to sub-paragraph (4), where a successful applicant occupies his holding, or any part of that holding, as a tenant, each of his landlords shall be entitled to obtain from the tenant a payment in respect of the relevant quota.
2
The payment to which a landlord is entitled under sub-paragraph (1) shall be an amount agreed between the tenant and the landlord or, in default of agreement —
a
where the tenant has only one landlord, the landlord’s amount; and
b
where the tenant has two or more landlords, such proportion of the landlord’s amount as shall be agreed or determined in accordance with paragraph 14.
3
The landlord’s amount or, where sub-paragraph (2)(b) applies, the proportion of the landlord’s amount to which a landlord is entitled, shall be payable in 7 equal yearly instalments, each instalment being due —
a
on the day after the day on which the tenant receives his instalment of compensation; or
b
where, in respect of any quota year, the tenant (by reason of his death or any default of his) does not receive an instalment of compensation, at the end of the period of 3 months after the date on which that instalment would have otherwise become due.
4
Where —
a
a successful applicant who is a tenant dies before he has received all his instalments of compensation, and
b
a successor of the deceased tenant enters into that tenant’s obligation for the purposes of paragraph 4,
any landlord of the deceased tenant shall be entitled to recover from the successor such instalments of the payment referred to in sub-paragraph (2) as become due to that landlord on or after the date on which that successor entered into those obligations; and from that date, the landlord shall no longer be entitled to recover those instalments from the estate of the deceased tenant.
The landlord’s amount
13
1
The landlord’s amount shall be an amount equal to the full rate of compensation for so much of the relevant quota as is surrendered under this Scheme and consists of —
a
standard quota, or, where it is less, allocated quota, multiplied —
i
firstly by the landlord’s fraction;
ii
secondly by a fraction of which —
the numerator is the quota surrendered; and
the denominator is the registered quota; and
b
transferred quota as follows —
i
where the landlord bore the whole of the cost of the transaction by virtue of which the transferred quota was transferred to the holding, the whole of the transferred quota, multiplied by a fraction of which —
the numerator is the quota surrendered; and
the denominator is the registered quota; and
ii
where the landlord bore only part of that cost, the corresponding part of the transferred quota, multiplied by a fraction of which —
the numerator is the quota surrendered; and — the denominator is the registered quota.
2
In sub-paragraph (1) “the landlord’s fraction” means the fraction of which —
a
the numerator is an amount equal to the capital value of the rent which the immediate landlord can reasonably be expected to lose as a consequence of the surrender of the quota; and
b
the denominator is the sum of that amount and an amount equal to the capital value of the loss of earnings which can reasonably be expected to be suffered by the tenant as a consequence of the surrender of the quota.
3
For the purposes of sub-paragraph (2) —
a
“rent” includes any other periodic payment;
b
the capital value of the rent shall be assessed in accordance with Schedule 2 to the Agricultural Holdings Act 1986 (arbitration of rent) on the assumption that the rent will not change until the next rent review; and the said Schedule 2 shall be construed accordingly;
c
in assessing loss of earnings, the loss of the annual value of tenant’s dairy improvements and fixed equipment shall be included; and the capital value thus calculated shall be reduced by the sale value of any dairy items made redundant but which the tenant can sell.
4
For the purposes of sub-paragraph (1) and subject to the provisions of sub-paragraph (6), the standard quota for any land shall be calculated by multiplying the relevant number of hectares by the prescribed quota per hectare, and in this sub-paragraph and sub-paragraph (4) —
a
“the relevant number of hectares” means the average number of hectares of the land in question used by the applicant during the relevant period for the feeding of dairy cows kept on the land or, if different, the average number of hectares of the land which could reasonably be expected to have been so used (having regard to the number of grazing animals other than dairy cows kept on that land during that period); and
b
“the prescribed quota per hectare” means such number of litres as the Minister has prescribed for the purposes of sub-paragraph 6(1)(b) of Schedule 1 to the Agriculture Act 1986 (calculation of standard quota) by the Milk Quota (Calculation of Standard Quota) Order 1986 .
5
Where, by virtue of the quality of the land in question or the climatic conditions in the area, the reasonable amount is greater or less than the prescribed average yield per hectare, sub-paragraph (4) shall not apply, and the standard quota shall be calculated by multiplying the relevant number of hectares by such proportion of the prescribed quota per hectare as the reasonable amount bears to the prescribed average yield per hectare, and for the purposes of this sub-paragraph —
a
the amount of milk to be taken as the average yield per hectare shall be that taken for the purposes of sub-paragraph 6(2) of Schedule 1 to the Agriculture Act 1986 (calculation of standard quota in exceptional cases) in accordance with the Milk Quota (Calculation of Standard Quota) Order 1986;
b
“reasonable amount” means the amount of milk which could reasonably be expected to have been produced from one hectare of the land during the relevant period.
6
In the application of this paragraph —
a
“dairy cows” means cows kept for milk production (other than uncalved heifers);
b
“disadvantaged land” and “severely disadvantaged land” means land which has been determined to be disadvantaged land or severely disadvantaged land, as the case may be, in accordance with the definitions of those expressions as they are set out in regulation 2 of the Hill Livestock (Compensatory Allowances) Regulations 1984 ;
c
“land used for the feeding of dairy cows kept on the land” does not include land used for the growing of cereal crops for feeding to dairy cows in the form of loose grain; and
d
“the relevant period” means —
i
the period by reference to which the base quota was determined; or
ii
where the base quota was determined by reference to more than one period, the period by reference to which the majority was determined or, if equal amounts were determined by reference to different periods, the later of those periods.
Apportionment of landlord’s amount
14
1
The landlord’s amount (or, where one or more landlords have agreed with the tenant the payment to which they are entitled under regulation 12(2), such proportion of the landlord’s amount as the remaining landlords shall agree, or in default of agreement as an arbitrator shall determine) shall be apportioned between the landlords who have not made an agreement with the tenant under regulation 12(2) by agreement or, in default of agreement, by arbitration; and on a reference under this paragraph an arbitrator shall take all relevant factors into account in making his award.
2
Where a reference to arbitration is made under this regulation in conjunction with another regulation, any additional costs of the award caused by the apportionment under this regulation shall be paid by the landlords in such proportions as the arbitrator may determine.
Settlement of claims
15
Any claim arising under paragraph 12(2)(a) or (b) shall be determined by arbitration.
Arbitrations
16
1
Subject to sub-paragraphs (2) to (5), where any matter is, under the provisions of this scheme, to be determined by arbitration, section 84 of the Agricultural Holdings Act 1986 (arbitrations) shall apply as if that matter were required by that Act to be determined by arbitration under that Act.
2
Paragraph 7 of Schedule 11 to the Agricultural Holdings Act 1986 (time for statement and particulars of case and for amendments thereto) shall apply to arbritrations under this scheme as if, for the words “thirty-five days” in both cases where they occur, there was substituted the words “twenty-one days”.
3
Paragraph 14 of that Schedule (time for making and signing awards) shall apply to arbitrations under this scheme as if, for the words “fifty-six days”, there was substituted the words “thirty-five days”.
4
Paragraph 18 of that Schedule (arbitration award to fix a day for payment of money awarded not later than one month after award) shall not apply for the purposes of this Scheme except in relation to any award of costs.
5
Paragraphs 26 to 28 of that Schedule (special case procedure, setting aside award and remission by the County Court) shall not apply in relation to arbritrations under this Scheme.
Appeals
17
1
An appeal shall lie on any question of law arising in the course of an arbitration under this Scheme, or on any question as to the jurisdiction of an arbitrator under this Scheme, to the Tribunal; and for the purpose of determining an appeal under this sub-paragraph, the Tribunal shall consist of a single legally qualified member, approved for the purpose by the Chairman of the Tribunal, assisted, if the Chairman so directs, by such other non-voting member of the Tribunal as the Chairman may appoint.
2
For the purpose of an appeal under this paragraph, paragraph 2 (quorum for any determination of the Tribunal) and paragraph 3 (determinations by the Tribunal to be by majority) of Schedule 18 to the 1986 Regulations shall not apply.
3
An appeal under sub-paragraph (1) in relation to an arbitration shall be lodged within 14 days of the delivery of the arbitrator’s determination in that arbitration.
Temporarily reallocated quota
18
For the purposes of this Scheme quota which has been temporarily reallocated from one holding to another under regulation 11(2) of the 1986 Regulations (reallocation of wholesale quota) shall be treated as if it had not been temporarily reallocated.
Service of notices or of copies of applications
19
1
Any notice under this Scheme shall be duly served on the person on whom it is to be served if it is delivered to him, or left at his proper address, or sent to him by post in a registered letter or by the recorded delivery service.
2
Any such notice shall be duly served on an incorporated company or body if it is served on the secretary or clerk of the company or body.
3
For the purposes of this Scheme and of section 7 of the Interpretation Act 1978 (service by post), the proper address of any person on whom any such notice is to be served shall be —
a
in the case of the secretary or clerk of an incorporated company or body, the address of the registered or principal office of the company or body; and
b
in any other case, the last known address of the person in question.
4
Unless or until the tenant or a landlord has received —
a
notice that the original landlord has ceased to be his immediate landlord, and
b
notice of the name and address of the person who has become his immediate landlord,
any notice served on the original landlord by the tenant or landlord shall be deemed for the purposes of this Scheme to have been properly served; and for the purposes of this sub-paragraph and sub-paragraph (5), “original landlord” means any person who was the tenant’s or the landlord’s immediate landlord before the person who has become the tenant’s or the landlord’s immediate landlord.
5
Where an original landlord receives a notice in the circumstances referred to in sub-paragraph (4), he shall forthwith transmit that notice to the person on whom it should have been served.
6
In this paragraph, “notice” includes a copy of an application served under paragraph 7.
Loss arising from failure to comply with provisions of this Scheme
20
1
Where, in consequence of the failure of any person to comply with the requirements of paragraph 7 or paragraph 11 in relation to a holding or a part of a holding, a landlord suffers loss, the landlord shall be entitled to recover the amount involved as a civil debt from that person.
2
Where a sum agreed or awarded under the provisions of this Scheme, or an instalment thereof, has not been paid by the person liable to pay that sum within 14 days from the date on which that payment became due, that sum shall, if the County Court so orders, be recoverable from the person in default.
Recovery of compensation
21
1
Where any person, with a view to obtaining the payment of compensation to himself or to any other person —
a
makes any statement which is untrue or misleading in a material respect, or
b
furnishes to any of the appropriate Ministers any inaccurate information,
that Minister shall be entitled to recover on demand as a civil debt the whole or any part of any compensation paid to that person or to such other person.
2
Where any person, having undertaken to cease producing milk for sale or having undertaken to reduce milk production in accordance with the provisions of paragraph 4(1), fails in any way to comply with that undertaking, the appropriate Minister shall be entitled to recover from him on demand as a civil debt the whole or any part of any compensation paid to him, or to any other person, in respect of quota registered in his name.
3
Where any person —
a
intentionally obstructs an authorised officer in the exercise of the powers conferred on him by section 2(1) of the Act,
b
fails without reasonable excuse to comply with a requirement of this Scheme, the appropriate Minister shall be entitled to recover on demand as a civil debt the whole or any part of any compensation paid to that person.
Crown land
22
1
This scheme shall apply to any holding or part of a holding which belongs to Her Majesty or to the Duchy of Lancaster, the Duchy of Cornwall or a goverment department, or which is held in trust for Her Majesty for the purposes of a government department.
2
For the purposes of this Scheme —
a
as respects land belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or the proper officer or body having charge of the land for the time being or, if there is no such officer or body, such person as Her Majesty may appoint in writing under the Royal Sign Manual, shall represent Her Majesty, and shall be deemed to be the landlord or tenant, as the case may be;
b
as respects land belonging to Her Majesty privately, such person as Her Majesty may appoint in writing under the Royal Sign Manual shall represent Her Majesty and shall be deemed to be the landlord;
c
as respects land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy shall represent Her Majesty, and shall be deemed to be the landlord or tenant, as the case may be;
d
as respects land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall or the possessor for the time being of the Duchy appoints shall represent the Duchy, and shall be deemed to be the landlord or the tenant, as the case may be.
3
Any sum payable under this Scheme to or by the Duke of Cornwall (or any other possessor for the time being of the Duchy of Cornwall) may be treated, or raised and paid, as if it were a payment made for, or an expense incurred in, as the case may be, permanently improving the possessions of the Duchy as mentioned in section 8 of the Duchy of Cornwall Management Act 1863 .
4
Any sum payable under this Scheme to or by the Chancellor of the Duchy of Lancaster may —
a
be treated, or raised and paid, as if it were a payment made for, or an expense incurred in, as the case may be, the improvement of land belonging to Her Majesty in right of the Duchy within section 25 of the Duchy of Lancaster Act 1817 ; or
b
be paid in to or out of annual revenues of the Duchy.
Revocation
23
The Milk (Partial Cessation of Production) (England and Wales) Scheme 1986 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th May 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food
Nicholas Edwards
Secretary of State for Wales
14th May 1987


type: legislation

jurisdiction: UK

text:
Citation and Commencement
1
This Order may be cited as the Standing Civilian Courts (Amendment No. 2) Order 1987 and shall come into force on 1st January 1988.
Amendment
2
The Standing Civilian Courts (Amendment) Order 1987 shall take effect as if for article 3(3) there were substituted:
3
For article 49(2)(a)(ii) there shall be substituted the following: —
ii
subject to paragraph (3) below, any previous convictions of his by a civil court, court-martial or a Standing Civilian Court, including a conviction by a Standing Civilian Court in respect of which the award of sentence has been deferred under paragraph 2A of Schedule 5A to the Act of 1955, except, in the case of an accused who has attained 21 years of age, any conviction before he had attained 14 years of age;
.
.
George Younger
Secretary of State for Defence
Dated 16th December 1987


text:
1
On the operative date: —
1
Each of the lengths of trunk road described in the Schedule to this Order and shown on the deposited plan by broad striped hatching and the reference letter stated opposite the description in that Schedule shall cease to be a trunk road;
2
the length of trunk road in respect of which the reference letter C is stated shall become classified as a classified road.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”
means the plan folio numbered HA10/EM23 marked “The A52 Nottingham — West of Grantham Trunk Road (Bottesford Bypass) Detrunking Order 1986” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY;
iii
“the new trunk road”
means the highway mentioned in article 1 of the A52 Nottingham — West of Grantham Trunk Road (Bottesford Bypass) Order 1987;
iv
“the Trunk Road”
means A52 Nottingham — West of Grantham Trunk Road; and
v
“the operative date”
means the date on which the Secretary of State notifies the County Councils of Nottinghamshire and Leicestershire that the new trunk road is open for through traffic.
3
This Order shall come into force on 26th June 1987 and may be cited as the A52 Nottingham — West of Grantham Trunk Road (Bottesford Bypass) Detrunking Order 1987.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
5th June 1987


text:
1
These Regulations may be cited as the Protected Shorthold Tenancies (Notice to Tenant) Regulations 1987 and shall come into force on 4th May 1987.
2
The requirement with which a notice has to comply in order to be valid for the purposes of section 52(1)(b) of the Housing Act 1980 is that it shall be in the form set out in the Schedule to these Regulations or in a form substantially to the like effect.
3
The Protected Shorthold Tenancies (Notice to Tenant) Regulations 1981 are hereby revoked.


text:
Preliminary
1
1
These Rules may be cited as the Patents (Amendment) Rules 1987.
2
The following rules and Schedules shall come into force on 24th March 1987 —
a
this rule;
b
rule 2 and Schedule 1 so far as they relate to Patents Forms Nos. 50/77, 52/77 and 53/77;
c
rule 3 and Schedule 2 so far as they relate to the fees payable in respect of those forms; and
d
rules 8, 9, 10, 11 and 12.
3
The following rules and Schedules shall come into force on 1st September 1987 —
a
rule 2 and Schedule 1 so far as they relate to Patents Forms Nos. 54/77, 55/77, 56/77 and 57/77;
b
rule 3 and Schedule 2 so far as they relate to the fees payable in respect of those forms; and
c
rules 4, 5, 6 and 7.
4
Rules 20(9), 25(4), 28 and 80 of the Patents Rules 1982 are hereby revoked, and the reference to rule 80 in Patents Form No. 40/77 set out in Schedule 2 to the said Rules shall be omitted.
2
1
There shall be substituted for Patents Form No. 50/77 as set out in Schedule 2 to the Patents Rules 1982 the form set out in Part I of Schedule 1 hereto.
2
The forms set out in Part II of Schedule 1 hereto shall be inserted at the end of the said Schedule 2.
3
Part A of the Schedule to the Patents (Fees) Rules 1986 shall be amended in accordance with Schedule 2 hereto.
Translations
4
1
1st September 1987 is the day appointed under section 77(9) of the Patents Act 1977 for the purpose of the coming into force of subsection (6) of that section.
2
This rule shall not apply in the case of a European patent (UK) mention of whose grant is published in the European Patent Bulletin before that day.
5
1
1st September 1987 is the day appointed under section 78(8) of the Patents Act 1977 for the purpose of the coming into force of subsection (7) of that section.
2
This rule shall not apply in the case of an application for a European patent (UK) which is published by the European Patent Office before that day.
6
The following rules shall be inserted after rule 79 of the Patents Rules 1982 —
Translations of European patents (UK) filed under section 77(6)
79A
1
A translation filed under section 77(6) shall be filed in duplicate and shall be accompanied by Patents Form No. 54/77 in duplicate, in the case of a translation filed under section 77(6)(a), or by Patents Form No. 55/77 in duplicate, in the case of a translation filed under section 77(6)(b).
2
A translation filed under section 77(6)(a) shall comprise a translation of the entirety of the published specification of the patent, irrespective of whether a translation of all or any part of the claims contained in the specification has previously been filed under section 78(7) but subject to paragraph (5) below, and shall include any drawings in the specification, irrespective of whether the drawings contain textual matter.
3
A translation filed under section 77(6) shall comply with the following requirements as to presentation, subject to paragraph (4) below in the case of any drawings —
a
it shall permit of direct reproduction by photography, electrostatic processes, photo offset and micro-filming, in an unlimited number of copies;
b
it shall be on A4 paper (29.7cm x 21cm.) which shall be pliable, strong, white, smooth, matt and durable;
c
each sheet of paper shall be free from cracks, creases and folds and used on one side only;
d
each sheet shall be used with its short sides at the top and bottom (upright position);
e
the minimum margins shall be —
top 2 cm. left side 2.5 cm. right side 2 cm. bottom 2 cm.;
f
the margins of the sheets shall be completely blank;
g
the translation shall be typed or printed in single-line spacing (unless the comptroller otherwise permits), in a dark, indelible colour and in characters of which the capital letters are not less than 0.21cm. high, save that graphic symbols and characters and chemical and mathematical formulae may, instead of being typed or printed, be written or drawn;
h
the translation shall be reasonably free from deletions and other alterations, overwritings and interlineations and shall, in any event, be legible;
i
each sheet (other than a sheet of drawings) shall be numbered consecutively in arabic numerals.
4
Where a translation including any drawings is filed, the sheets of drawings shall correspond exactly in content and presentation to the sheets of drawings which were published by the European Patent Office, except that —
a
each sheet shall be numbered consecutively in arabic numerals, as a separate series from that used for the other sheets of the translation, if not so numbered when published by the European Patent Office; and
b
any textual matter contained in the published drawings shall be replaced with a translation into English.
5
For the purposes of paragraph (2) above, the published specification of the patent shall be taken not to include —
a
anything which does not consist of, or form part of, the description of the invention, the claims or the drawings referred to in the description or the claims, or
b
any claim not having effect in the United Kingdom, or
c
anything published in a language other than the language of the proceedings (within the meaning of Article 14 of the European Patent Convention).
Periods prescribed under section 77(6)
79B
1
The period prescribed under section 77(6)(a) for filing a translation of the specification of a European patent (UK) and paying the prescribed fee shall be three months from the date of publication of the mention of the grant of the patent in the European Patent Bulletin.
2
The period prescribed under section 77(6)(b) for filing a translation of an amendment to a European patent (UK) and paying the prescribed fee shall be three months from the date of publication by the European Patent Office of the specification of the patent as amended.
Translations of claims of applications for European patents (UK) filed under section 78(7)
79C
1
A translation filed under section 78(7) shall be filed in duplicate and shall be accompanied by Patents Form No. 56/77 in duplicate.
2
The translation shall comply with the requirements contained in rule 79A(3).
Corrected translations filed under section 80(3)
79D
1
A corrected translation filed under section 80(3) shall be filed in duplicate.
2
The corrected translation shall comply with the requirements contained in rule 79A(3) and (4).
3
Publication of the corrected translation shall be requested on Patents Form No. 57/77, which shall be filed in duplicate.
4
The period prescribed under section 80(3) for payment of the prescribed fee shall be fourteen days from the day on which the corrected translation is filed.
Verification of translation
79E
A translation shall be verified to the satisfaction of the comptroller as corresponding to the original text of —
a
the specification, in the case of a translation filed under section 77(6)(a), or
b
the amendment, in the case of a translation filed under section 77(6)(b), or
c
the claims of the specification of the application, in the case of a translation filed under section 78(7), or
d
the specification of the patent or the claims of the application, as the case may be, in the case of a translation filed under section 80(3);
and if such verification does not accompany the translation when filed it shall be filed within one month of the sending by the comptroller of a written request for such verification.
Inspection of translations
79F
A request for inspection of a translation published under section 77(8), 78(7) or 80(3) shall be made on Patents Form No. 23/77.
7
There shall be inserted at the end of rule 113(4) of the Patents Rules 1982 the words, “unless such a translation has already been filed under section 77(6)”; and in Patents Form No. 23/77 set out in Schedule 2 to the said Rules there shall be substituted for the reference to rules 48, 49 and 93 a reference to rules 48, 49, 79F and 93.
Miscellaneous
8
In paragraph (16) of rule 20 of the Patents Rules 1982 the words “free from” in the second place where they occur shall be deleted.
9
In rule 26(3) of the Patents Rules 1982 there shall be inserted after the words “rule 110(3)” the words “or (3C)”.
10
For rule 99 of the Patents Rules 1982 there shall be substituted the following —
99
1
The following shall be excluded days for all purposes under the Act —
a
all Sundays;
b
Good Friday and Christmas Day;
c
any day specified as or proclaimed to be a bank holiday in England in or under section 1 of the Banking and Financial Dealings Act 1971 ;
d
any Saturday immediately preceded by one of the above.
2
Saturdays not falling within paragraph (1) above shall be excluded days for all purposes except the filing of applications in respect of which no declaration for the purposes of section 5(2) is made.
11
For rule 100 of the Patents Rules 1982 there shall be substituted the following —
100
1
Subject to paragraph (2) below, any document filed in any proceedings before the comptroller may, if he thinks fit, be amended, and any irregularity in procedure in or before the Patent Office may be rectified, on such terms as he may direct.
2
Where the irregularity in procedure consists of a failure to comply with any limitation as to times or periods specified in the Act or the 1949 Act or prescribed in these Rules or the Patents Rules 1968 , as they continue to apply, the comptroller may direct that the time or period in question shall be altered if the irregularity is attributable wholly or in part to an error, default or omission on the part of the Patent Office, but not otherwise.
3
Paragraph (2) above is without prejudice to the comptroller’s power to extend any times or periods under rule 110 below.
12
1
In paragraph (1) of rule 110 of the Patents Rules 1982 there shall be substituted for the words “paragraph (3)” the words “paragraphs (3) and (3A)”.
2
For paragraphs (2) and (3) of the said rule 110 there shall be substituted the following —
2
The rules referred to in paragraph (1) above are rules 6(1), 17(3), 26 (so far as it relates to rule 6(1)), 39(1) and (2), 40(2), 43(2), 60(2), 65(1), 66(1), 71(1), 78(1), 81(1), 82(1) and 91(4).
3
A time or period prescribed in rules 6(2) and (6), 15(1), 17(2), 23, 25(2), 25(3) (except so far as it relates to the filing of claims for the purposes of the application and the filing of the abstract), 26 (except so far as it relates to rule 6(1)), 33(2), (3) and (4), 34, 79B, 81(2) and (3), 82(2) and (3), 83(3) and 85(1) and (3) above shall, if not previously extended, be extended for one month upon filing Patents Form No. 50/77; and where in any proceedings more than one such time or period expires on the same day (but not otherwise), those times or periods may be extended upon the filing of a single such form.
3A
Without prejudice to paragraph (3) above, a time or period prescribed in the rules referred to in that paragraph may, upon request made on Patents Form No. 52/77, be extended or further extended by the comptroller if he thinks fit, upon such terms as the comptroller may direct, and whether or not the time or period, including any extension obtained under paragraph (3), has expired:
Provided that no extension may be granted under this paragraph in relation to any time or period expiring before 24th March 1987.
3B
A single request may be made under paragraph (3A) above for the extension of more than one time or period in the same proceedings if the extensions are to be to a common date (but not otherwise).
3C
If on consideration of a request under paragraph (3A) above the comptroller decides that the extension requested (or, in a case falling within paragraph (3B) above, any or all of the extensions requested) may be granted he shall notify the applicant accordingly and invite him to file Patents Form No. 53/77, upon receipt of which the comptroller shall effect the extension or extensions in accordance with the decision.
Geoffrey Pattie
Department of Trade and Industry
23rd February 1987
We consent to the making of rule 3 of these Rules.
Mark Lennox-Boyd
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
27th February 1987


text:
1
The lengths of the trunk road described in Schedule 1 to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk roads and shall be classified as principal roads as from the date on which this Order comes into force.
2
The length of existing highway described in Schedule 2 to this Order, the centre line of which is indicated by a heavy black line on the deposited plan shall become a trunk road as from the date on which this Order comes into force.
3
In this Order —
i
“the deposited plan”means the plan numbered HA10/2-WO57 containing 4 plans and marked“The London — Fishguard Trunk Road (A48) and The Newhouse — High Beech Principal Road (A466) (County of Gwent) Order 1987”, signed by authority of the Secretary of State and deposited at the Welsh Office, Departmental Records Office, Curran Embankment, Cardiff CF1 5DX;
ii
“principal roads”as a classification for highways, means that the highways are principal roads for the purpose of enactments and instruments which refer to highways classified as principal roads and are also classified for the purpose of every other enactment and instrument which refer to highways classified by the Secretary of State;
iii
“the trunk road”means The London — Fishguard Trunk Road (A48).
iv
“the new trunk road”means the highway mentioned in Article 2 of this Order.
4
This Order shall come into force on 1st April 1987 and may be cited as The London — Fishguard Trunk Road (A48) and The Newhouse — High Beech Principal Road (A466) (County of Gwent) Order 1987.
Signed by authority of the Secretary of State
G. Mercer
Director of Highways Welsh Office
20th February 1987


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Easington Lagoons (Area of Special Protection) Order 1987 and shall come into force on 27th July 1987.
2
In this Order —
“the Easington Lagoons Area of Special Protection” means the area specified in the Schedule to this Order; and
“the deposited map” means the map marked “Map referred to in the Easington Lagoons (Area of Special Protection) Order 1987” and signed by an Under Secretary in the Department of the Environment, which has been prepared in triplicate and of which one copy has been deposited, and is available for inspection, at the offices of the Holderness Borough Council, another has been deposited, and is available for inspection, at the offices of the Yorkshire Water Authority and the third has been deposited, and is available for inspection, at the offices of the Secretary of State for the Environment.
Area of special protection
2
The area specified in the Schedule to this Order shall be an area of special protection for Little Terns (sterna albifrons), and the following provisions of this Order shall have effect with respect thereto.
Offences
3
Subject to the provisions of the Act, any person who, within the Easington Lagoons Area of Special Protection, at any time intentionally —
i
kills, injures or takes any Little Tern;
ii
takes, damages or destroys the nest of such a bird while that nest is in use or being built;
iii
takes or destroys an egg of such a bird;
iv
disturbs such a bird while it is building a nest or is in, on or near a nest containing eggs or young; or
v
disturbs dependent young of such a bird,
shall be guilty of an offence under section 3 of the Act and liable to a special penalty.
4
Subject to the provisions of the Act, any person who enters into the Easington Lagoons Area of Special Protection between 1st April and 31st August in any year, shall be guilty of an offence under section 3 of the Act and liable to a special penalty.


text:
Citation and commencement
1
These Regulations may be cited as the Building Societies (Liquid Asset) Regulations 1987 and shall come into force on 1st October 1987.
Interpretation
2
In these Regulations —
“ the Act ” means the Building Societies Act 1986;
“liquid asset” means an asset of a character which societies may hold under section 21 (liquid assets) of the Act for the purpose of meeting their liabilities as they arise;
“predecessor” means, in relation to an existing society —
a society which has transferred its engagements to that existing society, or
a society which —
has amalgamated with one or more societies under section 93 of the Act (amalgamations) so as to establish that existing society as their successor, or
has united with one or more societies under section 18 (unions) of the Building Societies Act 1962 or of the Building Societies Act (Northern Ireland) 1967 so as to become that existing society; and
“society” means a building society.
Prescription of liquid assets
3
1
Each description of assets which —
a
comes within a provision of Part I of the Schedule hereto, and
b
where a provision of Part II of the Schedule hereto applies to it, conforms with the requirements of that provision,
is prescribed as a description of liquid assets.
2
Part III of the Schedule hereto has effect for determining the circumstances in which, and the conditions subject to which, the descriptions of assets referred to therein may be held by societies.
3
The definitions in Part IV of the Schedule hereto have effect in respect of the interpretation of that Schedule.
Transitional provision
4
1
This regulation applies to assets of a society which are not liquid assets under these Regulations but —
a
are assets which —
i
were previously liquid assets and have ceased to be so, and
ii
have been held by the society continuously since a date before the date on which they ceased to be liquid assets, or
b
are assets which —
i
were treated, by virtue of article 7 (liquid assets) of the Building Societies Act 1986 (Rules and Miscellaneous Transitional Provisions) Order 1986 , as if they were prescribed in liquid asset Regulations, and
ii
have been held by the society continuously since a date before the date on which these Regulations came into force.
2
A society which so holds assets to which this regulation applies shall not lose its power to continue to hold those assets.
3
In this regulation a society is treated as including any predecessor of the society.
In witness whereof the common seal of the Building Societies Commission is hereunto fixed, and is authenticated by me, a person authorised under paragraph 14 of Schedule 1 to the Building Societies Act 1986, on 13th August 1987.
D. B. Severn
Secretary to the Commission
We consent to this Order.
Peter Lloyd
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
20th August 1987


text:
1
This Order may be cited as the Recreation Grounds (Revocation of Parish Council Byelaws) Order 1987 and shall come into force on 1st November 1987.
2
The byelaws mentioned in the first column of the Schedule to this Order, made with respect to the recreation grounds and other areas named in the second column of that Schedule, are hereby revoked.
Home Office
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
1st September 1987


text:
Citation, commencement, revocation and interpretation
1
1
These Regulations may be cited as the Merchant Shipping (IBC Code) Regulations 1987 and shall come into force on 6th April 1987.
2
The Merchant Shipping (Chemical Tankers) Regulations 1986 are hereby revoked.
3
In these Regulations the following expressions have the following meanings: —
“ 1974 SOLAS Convention ” means the International Convention for the Safety of Life at Sea, 1974, as amended ;
“ BCH Code ” means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1986 Edition) published by the International Maritime Organization;
“Cargo Ship Safety Construction Certificate”, “Cargo Ship Safety Equipment Certificate”, “Cargo Ship Safety Radiotelegraphy Certificate” and “Cargo Ship Safety Radiotelephony Certificate” mean respectively the certificates so entitled issued in conformity with the 1974 SOLAS Convention and, in the case of a United Kingdom ship, under or pursuant to the Merchant Shipping Acts 1894 to 1986;
“chemical tanker” means a self-propelled cargo ship constructed or adapted and used for the carriage in bulk of any liquid substance listed in Chapter 17 of the IBC Code ; but does not include offshore support vessels or dry cargo ships with deep tanks;
“constructed” in regulation 2 means, in relation to a ship, having its keel laid or being at a similar stage of construction; and “similar stage of construction” means the stage at which —
construction identifiable with a specific ship begins; and
assembly of that ship has commenced, comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is the less;
“ Control of Pollution by Noxious Liquid Substances Regulations ” means the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987 ;
“IBC Code” means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1986 Edition) published by the International Maritime Organization;
“ IGC Code ” means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk set out in the Annex to Resolution MSC. 5(48) adopted by the Maritime Safety Committee of the International Maritime Organization on 17th June 1983;
“in bulk” means directly and without intermediate form of containment in a tank forming an integral part of, or permanently located on, a ship;
“International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk” means, in relation to a United Kingdom ship, a certificate issued pursuant to regulation 5 and, in relation to any other ship, a certificate issued in conformity with chapter 1 of the IBC Code by or on behalf of the government of the state in which the ship is registered;
“ MARPOL 1973/78 ” means the International Convention for the Prevention of Pollution from Ships, 1973, as amended ;
“pollution hazard substance” means a substance listed in column “a” of the table in Chapter 17 of the IBC Code and having against it in column “d” thereof an entry “P” only;
4
In interpreting the IBC Coda
a
the provisions of the IBC Code having been made mandatory under regulation 3 the language thereof shall be construed accordingly;
b
the definitions set out in Chapter 1, paragraph 1.3 thereof, shall apply;
c
references to the Administration shall, in relation to United Kingdom ships, be references to the Secretary of State; and references to the Port Administration shall in relation to all ships in the United Kingdom be references to the Secretary of State;
d
each of the references to regulations of the 1974 SOLAS Convention listed in column 2 of the table in the Schedule hereto shall be construed as a reference to the corresponding provision contained in regulations made pursuant to the Merchant Shipping Acts 1894 to 1986 and listed opposite to it in column 3 of that table.
Application
2
1
These Regulations apply, subject to the following provisions of this regulation —
a
to chemical tankers constructed on or after 1st July 1986,
b
to ships converted to being chemical tankers on or after that date except oil tankers —
i
which were built before that date; and
ii
which are converted for the purpose of carrying pollution hazard substances only; and
iii
the conversion of which consists only of modifications necessary for compliance with Chapter VA of the BCH Code; and
c
(to the extent that the Secretary of State considers reasonable and practicable) to chemical tankers which were constructed before, but undergo repairs, alterations and modifications of a major character on or after, that date.
2
Where a chemical tanker is constructed or adapted to carry both
a
one or more of the substances listed both in Chapter 17 of the IBC Code and in Chapter 19 of the ICC Code; and
b
one or more of the substances listed in Chapter 19 of the ICC Code but not in Chapter 17 of the IBC Code;
then to the extent that the requirements of those two Codes are inconsistent the requirements of the ICC Code shall prevail.
3
These Regulations apply to all ships specified in paragraph (1) which are United Kingdom ships wherever they may be and to other such ships while they are within a port in the United Kingdom; provided that in the case of a ship registered in a state which is not a party to the 1974 SOLAS Convention or to MARPOL 1973/78 they shall not apply by reason of its being in a port in the United Kingdom if it would not have been there but for stress of weather or any circumstances which could not have been prevented by the owner, the master or the charterer (if any).
Compliance with Code
3
Every ship to which these Regulations apply shall be constructed, equipped and operated in accordance with the requirements relevant to it of Chapters 2-17 inclusive and 19 of the IBC Code.
Survey requirements
4
1
The structure, equipment, fittings, arrangements and materials (other than items in respect of which a Cargo Ship Safety Construction Certificate, Cargo Ship Safety Equipment Certificate, Cargo Ship Safety Radiotelegraphy Certificate or Cargo Ship Safety Radiotelephony Certificate is issued) of a chemical tanker shall be subjected to the following surveys:
a
an initial survey before the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk is issued for the first time, which shall include a complete examination of its structure, equipment, fittings, arrangements materials in so far as the ship is covered by the IBC Code; an initial survey shall be such as to ensure that the structure, equipment, fittings, arrangements and materials fully comply with the relevant provisions of the IBC Code;
b
a periodical survey at intervals not exceeding five years which shall be such as to ensure that the structure, equipment, fittings, arrangements and materials comply with the relevant provisions of the IBC Code;
c
a minimum of one intermediate survey during the period of validity of the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk; in cases where only one such intermediate survey is carried out in any one certificate validity period, it shall be carried out not before six months prior to, nor later than six months after, the half-way date of the certificate’s period of validity; intermediate surveys shall be such as to ensure that the equipment and associated pumps and piping systems comply with the relevant provisions of the IBC Code and are in good working order and condition; a record of such surveys in the form appropriate to an intermediate survey included in the form entitled “Endorsement for Annual and Intermediate Surveys” set out in the appendix to the IBC Code shall be endorsed by the surveyor on the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk;
d
an annual survey within three months before or after the anniversary date of the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk which shall include a general examination to ensure that the structure, equipment, fittings, arrangements and materials remain in all respects satisfactory for the service for which the ship is intended; a record of such survey in the form appropriate to an annual survey included in the form entitled “Endorsement for Annual and Intermediate Surveys” set out in the appendix to the IBC Code shall be endorsed by the surveyor on the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk;
e
an additional survey, either general or partial according to the circumstances shall be made when it has been determined under regulation 6(3) to be necessary, or whenever any important repairs or renewals are made; such a survey shall ensure that the necessary repairs or renewals have been effectively made, that the materials and workmanship of such repairs or renewals are satisfactory, and that the ship is fit to proceed to sea without danger to the ship or persons on board; a record of such survey shall be endorsed by the surveyor on the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk certifying that on completion of the survey the ship complied with the relevant provisions of the Code.
2
Every such survey in the case of a United Kingdom ship shall be carried out by a surveyor appointed by the Secretary of State; and application for such a survey shall be made by or on behalf of the owner to the Secretary of State.
Issue of International Certificate of Fitness
5
1
Upon satisfactory completion of an initial or periodical survey under regulation 4 of these Regulations and under regulation 23 of the Control of Pollution by Noxious Liquid Substances Regulations the Secretary of State shall issue to a ship which complies with the relevant requirements of the IBC Code and of the Control of Pollution by Noxious Liquid Substances Regulations a certificate called an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk in the form so entitled set out in the appendix to the IBC Code. Such certificate shall be issued for a period not exceeding five years beginning on the date of completion of the survey in question.
2
A certificate shall cease to be valid —
a
if any survey required by regulation 4(1)(c) or (d) is not completed within the period specified for that survey; or
b
if any survey required by regulation 4(I)(e) is not completed within such reasonable time as the surveyor may specify; or
c
upon transfer of the ship to registry in another state.
3
In either of the cases specified in sub-paragraph (2)(a) or (b) the owner shall deliver up the certificate issued in relation to the ship to the Secretary of State on demand.
4
In the case of a ship which has transferred from registry in another state to registry in the United Kingdom the Secretary of State may, subject to such requirements as to survey or otherwise as he may think fit, if he is satisfied that, notwithstanding that the surveys were not carried out by a surveyor appointed by the Secretary of State as required by regulation 4(2) —
a
the ship has already been subjected to a satisfactory initial or periodical survey and to any intermediate, annual or additional surveys required; and
b
the ship was issued by or on behalf of the government of that other state with a certificate of fitness which would, but for the change of registry, have remained valid; and
c
the condition of the ship and its equipment has been maintained in conformity with the provisions of the IBC Code; and
d
since completion of the surveys referred to in sub-paragraph (a) no change has been made in the structure, equipment, fittings, arrangements and materials covered by those surveys without the sanction of the government of that other state or of the Secretary of State, except by direct replacement;
issue to that ship an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk for a period to be determined by the Secretary of State, but expiring not later than the expiry date of the certificate referred to in sub-paragraph (b).
5
The International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk shall be kept on board the ship and shall be available for inspection at all reasonable times.
Maintenance of conditions after survey
6
1
The condition of the ship and its equipment shall be maintained so as to conform to the provisions of the IBC Code.
2
After any survey of the ship under regulation 4 has been completed, no change shall be made in the structure, equipment, fittings, arrangements and materials covered by the survey, without the sanction of the Secretary of State, except by direct replacement.
3
Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety or integrity of the ship, the safety of the crew or the efficiency or completeness of the equipment required by Part IV of the Control of Pollution by Noxious Liquid Substances Regulations, the master or owner of the ship shall report at the earliest opportunity to the Secretary of State, who shall determine whether an additional survey is necessary. If the ship is in a port of another state the master or owner shall also report immediately to the appropriate authority of the government of the state in which the port is situated.
Equivalents
7
Where the IBC Code requires that a particular fitting, material, appliance, apparatus, item of equipment or type thereof should be fitted or carried in a ship, or that any particular provision should be made, or any procedure or arrangement should be complied with, the Secretary of State may allow any other fitting, material, appliance, apparatus, item of equipment or type thereof to be fitted or carried, or any other provision, procedure or arrangement to be made in that ship, if he is satisfied by trial thereof or otherwise that such fitting, material, appliance, apparatus, item of equipment or type thereof, or that any particular provision, procedure or arrangement is at least as effective as that required by the IBC Code.
Exemptions
8
The Secretary of State may exempt any ship or class or description of ship from any of the requirements of the IBC Code, subject to such conditions as he may specify, and may alter or cancel any exemption so granted.
Loading and carriage in bulk of listed chemicals
9
No ship to which these Regulations apply shall load in bulk or carry in bulk any of the substances listed in Chapter 17 of the IBC Code unless —
a
i
there is in force in respect of that ship an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk covering the substance which the ship is loading or carrying; and
ii
the loading and carriage is in accordance with the terms of that certificate; or
b
i
either the Secretary of State or the government of a state party to MARPOL 1973/78 has given written permission for its carriage; and
ii
any conditions subject to which that permission was given are complied with.
Penalties
10
1
a
If there is a breach of regulation 3,5(5), 6 or 9 then the owner and master of the ship shall each be guilty of an offence punishable on Summary conviction by a fine not exceeding £1,000, or, on indictment, by a fine;
b
if there is a breach of regulation 4(2) of these Regulations then the owner of the ship shall commit an offence punishable on summary conviction by a fine not exceeding £1,000, or, on indictment, by a fine.
2
It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable steps to ensure that the regulations in question were complied with.
Power to detain
11
In any case where a ship does not comply with the requirements of these Regulations the ship shall be liable to be detained and Section 692(1) to (3) of the Merchant Shipping Act 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, shall be substituted the words “the Merchant Shipping (IBC Code) Regulations 1987”.
Signed by the authority of the Secretary of State
Michael Spicer
Parliamentary Under Secretary of State,
Department of Transport
26th March 1987


text:
1
This Order may be cited as the Prevention of Terrorism (Supplemental Temporary Provisions) (Amendment) Order 1987 and shall come into force on 1st April 1987.
2
Schedule 2 to the Prevention of Terrorism (Supplemental Temporary Provisions) Order 1984 (which designates certain ports for the purposes of Article 11 of that Order) shall be amended by the insertion of“Poole Harbour” after“Plymouth” in the list of designated seaports and hoverports.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
2nd February 1987


text:
Citation, commencement and interpretation
1
1
These Regulations, which may be cited as the Housing Benefit (Transitional) Regulations 1987, shall come into force on 31st December 1987.
2
In these Regulations, unless the context otherwise requires —
“benefit week” has the same meaning as in regulation 7 of the Supplementary Benefit (Determination of Questions) Regulations 1980 ;
“the General Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“new scheme” means the housing benefit scheme made under section 20(1)(c) of the Social Security Act 1986;
“former housing benefit recipient” means a person who, immediately before the relevant date, was in receipt of a rebate or allowance under an old scheme;
“old scheme” means a scheme made under section 28 or 30 of the Social Security and Housing Benefits Act 1982 for granting rate rebates, rent rebates or rent allowances;
and other expressions have the same meaning as in the General Regulations.
3
For the purposes of these Regulations “relevant date” means —
a
in any case to which paragraph (4) applies, 1st April 1988; and
b
in any other case, 4th April 1988.
4
This paragraph applies to any case where —
a
rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof; or
b
payments by way of rates are not made together with payments of rent at weekly intervals or multiples thereof.
5
Any reference in these Regulations to a “qualifying certificate” is a reference to a certificate of entitlement to housing benefit issued by the Secretary of State under regulation 9(1) of the Housing Benefits Regulations 1985 (persons on supplementary benefit) and any reference to a period during which a qualifying certificate is in force shall be construed as a reference to the period beginning with the date recorded on that certificate as the date from which qualifying supplementary benefit becomes payable and ending with the date on which that certificate is cancelled.
6
For the purposes of regulation 5 of these Regulations “benefit period” has the same meaning as in regulation 2 of the Housing Benefits Regulations 1985 (interpretation).
7
Unless the context otherwise requires, in these Regulations a reference in a regulation to a numbered paragraph is a reference to the paragraph in that regulation bearing that number.
Transitional provision for claims
2
1
A claim for housing benefit under the new scheme may be made during the period of 13 weeks immediately preceding the relevant date, and a claim for a rebate or allowance under an old scheme made during that period may in addition be treated as a claim for housing benefit under the new scheme.
2
A claim for a rebate or an allowance under an old scheme made, but not determined, before the relevant date —
a
shall remain effective, in respect of any period before that date, as a claim for a rebate or an allowance under an old scheme; and
b
shall be treated, in respect of any period after that date, as a claim for housing benefit under the new scheme.
3
Subject to the provisions of these Regulations, any claim for housing benefit under the new scheme made or treated as made in accordance with paragraphs (1) and (2)(b) may be determined before the relevant date in accordance with the Act and Regulations made under the Act as if those provisions were in force.
4
Where a claim is made on or after the relevant date in respect of a period before that date the appropriate authority may determine under regulation 72(15) of the General Regulations (backdating claims for good cause) that the claim may be backdated and, in any case where it so determines, entitlement to a rebate or allowance in respect of the period before the relevant date shall be calculated in accordance with the provisions of an old scheme.
5
Regulation 76(3) of the General Regulations (time within which claims are to be determined) shall not apply to claims for housing benefit under the new scheme made or treated as made under this regulation until 14 days before the relevant date.
6
In order to determine a person’s entitlement to housing benefit under the new scheme, for the purposes of these Regulations, the appropriate authority may require that person to furnish such certificates, documents, information and evidence as it may reasonably require.
Waiver of claims for housing benefit by former recipients
3
1
Notwithstanding the provisions of section 165A of the Social Security Act 1975 (necessity of claims for entitlement to benefit), the appropriate authority may determine that it shall not be a condition of entitlement to housing benefit under the new scheme for a former housing benefit receipient that a claim for such benefit has been made; and where it so determines the provisions of the Act and regulations made thereunder shall apply, subject to the following provisions of these Regulations, as if a claim for that benefit had been duly made by the former housing benefit recipient in respect of a period commencing on the relevant date.
2
Where by virtue of paragraph (1) a person’s entitlement to housing benefit falls to be determined as if a claim for it had been duly made in respect of a period commencing on the relevant date, it may nevertheless be determined at an earlier date if the former housing benefit recipient is entitled to a rebate or allowance under an old scheme at the date of the determination; any entitlement under the new scheme shall be determined in accordance with the Act and Regulations made under the Act as if those provisions were in force.
3
A determination which is made awarding housing benefit under the new scheme under paragraph (2) —
a
may award that benefit from the relevant date if it appears probable to the appropriate authority that the conditions for entitlement to housing benefit will be satisfied from that date;
b
shall be subject to the conditions for entitlement being satisfied on the relevant date;
c
may be reviewed if any question arises as to the satisfaction of those conditions.
Transitional provisions for the calculation of benefit
4
1
For any period beginning on or after the relevant date and ending before 11th April 1988, entitlement to housing benefit under the new scheme shall be calculated as if in paragraph 10 of Schedule 3 to the General Regulations (disregards of earnings), paragraph 4 of Schedule 4 to those Regulations (disregards of income other than earnings) and in paragraph 5 of Schedule 5 to those Regulations (capital to be disregarded) there were substituted for the references to income support references to supplementary benefit.
2
During the period beginning on the relevant date and ending immediately before 11th April 1988, references in the General Regulations to a person on income support shall be construed as references to a person in receipt of supplementary benefit.
3
For the purpose of determining whether, in any case, the condition for a higher pension premium or disability premium specified in paragraph 12(1)(b) of Schedule 2 to the General Regulations is satisfied in respect of any period before the relevant date, that provision shall be construed as though there were inserted therein, immediately after the reference to the Social Security Act, a reference to the Supplementary Benefits Act 1976 .
Benefit periods
5
1
Where a person is entitled to a rebate or allowance immediately before the end of the benefit period which applies in his case and that period expires on or after 1st March 1988 but before the relevant date, the appropriate authority may, if it has reason to think that that person will be entitled to a rebate or allowance under an old scheme until the relevant date, extend the benefit period so that it expires on the relevant date.
2
In the case of any person to whom regulation 3(1) of these Regulations applies, and in relation to whom a qualifying certificate is not in force, the appropriate authority may treat that person’s benefit period under an old scheme as continuing until the date on which it would have ended if it would, but for the termination of that old scheme, have ended on or after the relevant date if that authority has reason to think that the person will be entitled to housing benefit under the new scheme until the end of that benefit period.
Payment
6
During the period beginning 4 weeks before the relevant date and ending 4 weeks after that date the appropriate authority may pay together —
a
any rent allowance calculated under an old scheme to which a person is entitled in respect of all or part of the period of 4 weeks falling before the relevant date; and
b
any rent allowance calculated under the new scheme to which a person is entitled in respect of all or part of the period of 4 weeks falling on or after the relevant date,
having regard to the time at which and the frequency with which a person’s liability to make payment of rent or rates arises and to the reasonable needs and convenience of that person.
Determinations
7
1
Where a determination, which is made by the appropriate authority before the relevant date in order that it may be effective from that date, is notified to a person before that date, regulation 79(2) of the General Regulations (representations) shall have effect as though for the reference in that provision to a period of 6 weeks from notification of a determination there were substituted a reference to the period of 6 weeks beginning on the relevant date.
2
A determination under these Regulations shall be treated for the purposes of regulations 79 to 87 of the General Regulations (reviews) as if it were a determination under those Regulations.
Qualifying certificates
8
The Secretary of State shall continue to issue and cancel qualifying certificates in respect of periods ending before 11th April 1988 as though regulation 9 of the Housing Benefits Regulations 1985 (persons on supplementary benefit) had not ceased to have effect.
Arrangements to pay rebates or allowances to third parties
9
Any arrangements made before the relevant date under regulation 44(2) or (3) of the Housing Benefits Regulations 1985 (persons to whom benefit may or shall be paid) to pay sums to persons other than the beneficiary may be continued, if the appropriate authority so decides, as though those arrangements had been made under regulations 92, 93 or 94 of the General Regulations (payments to nominated persons and landlords).
War pension disregards
10
Where the appropriate authority has resolved under section 30(1) of the Social Security and Housing Benefits Act 1982 (local schemes) to modify an old scheme so as to secure an increase in a disregard of a war disablement pension or a war widows pension, that resolution in so far only as it relates to that disregard shall continue in force for the purpose of the new scheme until the authority which made that resolution otherwise determines, as if it had so resolved under section 28(6) of the Act.
Overpayments of rebate or allowance under an old scheme
11
1
Without prejudice to any other method of recovery, an overpayment of rebate or allowance made to a person by an authority under an old scheme, which was recoverable under an old scheme by an authority, may be recovered by that authority by deduction from any housing benefit payable under the new scheme to any person from whom recovery may be sought under regulation 101 of the General Regulations (person from whom recovery may be sought) as though it were an overpayment of housing benefit under the new scheme.
2
Where on or before 30th June 1988 an authority becomes aware of an overpayment of a rebate or allowance under an old scheme in respect of a case where a qualifying certificate was in force at the time when the overpayment was made and that authority gives notice in writing to the Secretary of State on or before 30th September 1988 of that overpayment, regulation 48 of the Housing Benefits Regulations 1985 (recovery by the Secretary of State) shall have effect as if the reference in that regulation to an overpayment recoverable under regulation 47 were a reference to an overpayment recoverable under paragraph (1) and as if the benefits specified in paragraph (2) of regulation 48 included any benefit specified in regulation 105(1) of the General Regulations which is not excepted from that paragraph by paragraph (2) of that regulation.
Consequential provisions relating to supplementary benefit
12
1
Regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983 (housing benefit supplement) shall cease to have effect in relation to any person immediately before the relevant date except that the amount of housing benefit supplement applicable to him under that regulation shall be calculated as if that regulation and the Housing Benefits Regulations 1985 ceased to have effect at the end of his benefit week current immediately before that date.
2
The following provisions shall cease to have effect immediately before 4th April 1988 —
a
regulation 5B of the Supplementary Benefit (Determination of Questions) Regulations 1980 (determination of amount of water charges);
b
regulation 15A of the Supplementary Benefit (Claims and Payments) Regulations 1981 (regular payments to third parties for water charges);
c
in paragraph (2) of regulation 18 of the Supplementary Benefit (Requirements) Regulations 1983 (miscellaneous outgoings) the words from “but in the case” to the end of that paragraph.
Signed on behalf of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
20th November 1987


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Supplementary Benefit (Resources) Amendment Regulations 1987 and shall come into force on the 6th April 1987.
2
In these Regulations the “ Resources Regulations ” mean the Supplementary Benefit (Resources) Regulations 1981 .
Amendment of regulation 2(1) of the Resources Regulations
2
In regulation 2(1) of the Resources Regulations (interpretation) after the definition of “claimant” there shall be inserted the following definition —
“concessionary payment” means a payment made otherwise than in accordance with either the Act, the Social Security Act, the Child Benefit Act 1975 the Family Income Supplements Act 1970 , or the Social Security and Housing Benefits Act 1982 under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under any of the enactments referred to is charged;
.
Amendment of regulation 3(2) of the Resources Regulations
3
In regulation 3(2) of the Resources Regulations (calculation of resources) after sub-paragraph (h) there shall be added the following sub-paragraph —
i
any payment made by a local authority pursuant to section 34(6) or, as the case may be, section 50 of the Children Act 1975 (custodianship payments) which represents a commutation of future periodical payments shall be treated as an income resource in accordance with regulation 9(2)(f).
.
Amendment of regulation 4(4) of the Resources Regulations
4
For paragraph (4) of regulation 4 of the Resources Regulations (notional resources of students) there shall be substituted the following paragraphs —
4
Where in determining the amount of a student’s grant or award an Education Authority has treated a contribution from his parent or spouse as applicable under the Awards Regulations or, as the case may be, by virtue of sections 73 and 74 of the Education (Scotland) Act 1980 and the Allowances Regulations, the student shall be treated as possessing an income resource of an amount equal to the amount of that contribution.
4A
For the purposes of paragraph (4) “student” includes a person who was a student immediately before the first day of his normal summer vacation but does not include a person to whom regulation 6(a), (i) or (j) of the Conditions of Entitlement Regulations applies.
.
Amendment of regulation 6(1) of the Resources Regulations
5
In regulation 6(1) of the Resources Regulations (capital resources to be disregarded) after sub-paragraph (1) there shall be added the following sub-paragraphs —
m
any payment made by a local authority pursuant to section 34(6) or, as the case may be, section 50 of the Children Act 1975 (custodianship payments), other than a payment to which regulation 3(2)(i) applies, which is —
i
a commutation of periodical payments for maintenance in respect of a past period; or
ii
a payment which if it were income would be disregarded by virtue of regulation 11(4)(j);
n
for a period not exceeding 12 months from the date of receipt, any concessionary payment which is in respect of arrears of —
i
attendance or mobility allowance under the Social Security Act,
ii
supplementary benefit,
iii
housing benefit.
.
Amendment of regulation 9(2) of the Resources Regulations
6
In regulation 9(2) of the Resources Regulations (calculation of income resources) after sub-paragraph (e) there shall be added the following sub-paragraph —
f
where a payment is one to which regulation 3(2)(i) applies —
i
for the purposes of sub-paragraph (a) the period in respect of which the payment is to be taken into account is the period which would have applied had the commutated payments been made periodically; and
ii
for the purposes of sub-paragraph (b), the payable date is the date on which the commutated payments would have been payable if made periodically; and
iii
the weekly rate of the payment shall be determined by dividing the amount of the payment by the number of weeks for which the payment is to be attributed in accordance with head (i) and sub-paragraph (a).
.
Amendment of regulation 11 of the Resources Regulations
7
In regulation 11 of the Resources Regulations (calculation of other income) —
a
in paragraph (2)(h)(i) for the words “for his maintenance” there shall be substituted the words “for his or his partner’s maintenance”.
b
in paragraph (2)(1) after the words “sum of £2” there shall be added the words
and in this sub-paragraph “student” includes a person who was a student immediately before the first day of his normal summer vacation,
.
c
in paragraph (2)(t) for head (iii) there shall be substituted the following head —
iii
where the student is not in receipt of a grant or award, the orresents payment in respect of any benefit under the Social Security Act, the Child Benefit Act 1975 or the Family Income Supplements Act 1970 ;
.
f
in paragraph (4) —
i
at the end of head (v) of sub-paragraph (d) there shall be added the following —
and, in this sub-paragraph, references to “a student” includes a reference to a person who was a student immediately preceding the first day of his normal summer vacation;
;
ii
after sub-paragraph (o) there shall be added the following sub-paragraphs —
p
any payment made in pursuance of section 34(6) or, as the case may be, section 50 of the Children Act 1975 (contributions to a custodian towards the cost of the accommodation and maintenance of a child) by a local authority, in respect of a person, to a member of the assessment unit with whom that person has his home, to the extent that its weekly amount is in excess of the aggregate of the normal and any additional requirements which are applicable for the same period in respect of that person;
q
any concessionary payment, other than a payment to which paragraph (2)(p) applies (interim payments), made in respect of —
i
any payment of attendance allowance or any payment based on a need for attendance as is specified in heads (i) to (iii) of paragraph (4)(b), unless paragraph (4A) would have applied to that payment had it been a payment of attendance allowance under section 35(3) of the Social Security Act;
ii
any payment of mobility allowance;
iii
of any pension or allowance under the Act.
.
g
in paragraph (5)(b) for the words “or any analogous payment” there shall be substituted the words “, any analogous payment or any concessionary payment made which represents a payment in respect of those benefits or payments first mentioned in this sub-paragraph”.
Transitional provision
8
Where —
a
a person was in receipt of a supplementary allowance immediately before 6th April 1987; and
b
in the calculation of his resources there was taken into account under regulation 11(2)(h)(i) of the Resources Regulations, as in force immediately before 6th April 1987 any allowance for his maintenance; and
c
that person continues to be in receipt of a supplementary allowance and such a maintenance allowance;
regulation 7(a) of these Regulations shall not apply to him, and his maintenance allowance shall continue to be taken into account only to the extent that regulation 11(2)(h)(i) as in force immediately before 6th April 1987 provided.
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
2nd April 1987
We consent,
Peter Lloyd
Tim Sainsbury
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd April 1987