text:
P art I
GENERAL
Citation and commencement
1 These regulations may be cited as the Social Security (Claims and Payments) Regulations 1979 and shall come into operation on 9th July 1979.
Interpretation
2 1 In these regulations, unless the context otherwise requires — “ "the Act” ” means the Social Security Act 1975; “ "approved place” ” means a place approved by the Secretary of State for the purpose of obtaining payment of benefit; “ "benefit order” ” means an order for the payment of a weekly sum on account of benefit to which regulation 16 applies or of a weekly instalment of a gratuity; “ "claim for benefit” ” includes an application for a declaration that an accident was an industrial accident and an application for the review of an award or a decision for the purpose of obtaining any increase of benefit mentioned in Schedule 1 to these regulations but does not include any other application for the review of an award or a decision and the expression ““claims benefit”” and every reference to a claim shall be construed accordingly; “ "determining authority” ” means, as the case may require, an insurance officer, a local tribunal or a Commissioner by whom the relevant question falls to be determined under Part III of the Act; “ "instrument of payment” ” means a serial order, benefit order, or any other instrument whatsoever which is intended to enable a person to obtain payment of benefit; “ "serial order” ” means one of a series of orders, including benefit orders, for the payment of a sum on account of benefit which is or has been contained in a book of such orders; “ "unemployment benefit office” ” means any office or place appointed by the Secretary of State for the purpose of claiming unemployment benefit; and other expressions have the same meaning as in the Act. 2 Unless the context otherwise requires, any reference in these regulations to — a a numbered section is a reference to the section of the Social Security Act 1975 bearing that number; b a numbered regulation is a reference to the regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number; c any provision made by or contained in an enactment or instrument shall be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which it re-enacts or replaces, or which may re-enact or replace it, with or without modification. 3 For the purposes of the provisions of these regulations relating to the making of claims every increase of benefit mentioned in Schedule 1 to these regulations shall be treated as a separate benefit. 4 The provisions of Schedules 1 and 2 to these regulations shall have effect; and the following provisions of these regulations shall, in relation to any particular benefit, have effect subject to any provision in those Schedules affecting that benefit.
P art II
CLAIMS
Claims not required in certain cases
3 Benefit may be paid without a claim being made for it in the following cases: — a in the C8.se of a Category C retirement pension, to a beneficiary who is in receipt of — i another retirement pension under the Act; or ii widow's benefit under Chapter I of Part II of the Act; or iii benefit by virtue of section 39(4) corresponding to a widow's pension or a widowed mother's allowance; b in the case of a Category D retirement pension, to a beneficiary who — i was ordinarily resident in Great Britain on the day on which he attained 80 years of age; and ii is in receipt of another retirement pension under the Act; c age addition in any case; d in the case of a Category A or B retirement pension — i to any woman over the age of 65 on her ceasing to be entitled to widowed mother's allowance, or ii to any woman in receipt of widow's pension on her attaining the age of 65.
Manner in which claims are to be made
4 Every claim for benefit shall be made in writing to the Secretary of State on the form approved by him for the purpose of the benefit for which the claim is made, or in such other manner, being in writing, as he may accept as sufficient in the circumstances of any particular case or class of cases; and, subject to any directions given by the Secretary of State in any particular case or class of cases, a person claiming unemployment benefit shall attend in person at an unemployment benefit office.
Supply of claim forms
5 Forms of claim shall be supplied without charge by such persons as the Secretary of State may appoint or authorise for that purpose.
Claims not on appropriate forms
6 Where a claim for benefit has been made on an approved form other than the form appropriate to the benefit claimed, the Secretary of State may treat the claim as if it had been made on the appropriate form, so however that the Secretary of State may in any such case require the claimant to complete the appropriate form.
Information to be given when making a claim for benefit
7 1 Every person who makes a claim for benefit shall furnish such certificates, documents, information and evidence for the purpose of determining the claim as may be required by the Secretary of State and, if reasonably so required, shall for that purpose attend at such office or place as the Secretary of State may direct. 2 Every person who makes a claim for a widowed mother's allowance, child's special allowance, benefit in respect of a child or for an increase of benefit in respect of a child, shall, in particular, furnish such certificate relating to the birth of the child and such other information to show that that person is entitled or may be treated by regulations as if he were entitled to child benefit in respect of that child as the Secretary of State may require. 3 Every person who makes a claim for an increase of benefit in respect of an adult dependant shall, in particular, furnish, if required, the following information concerning such dependant: — a his identity, date of birth, usual place of residence, occupation and relationship to the claimant; b his position in regard to benefit under the Act, available sources of income and the amounts contributed by any person towards his maintenance; and c in the case of an increase in respect of a wife or husband, a certificate of the marriage; together with a declaration signed by the dependant confirming the information given. 4 Every person who makes a claim for a death grant shall, in particular, furnish the following information: — a if required by the Secretary of State, a death certificate relating to the deceased; and, where the claim is in respect of the death of a child, such certificate relating to the birth of the child, and such other information as the Secretary of State may reasonably require in support of any contention that immediately before the death of the child or the person by whom the contribution condition is to be satisfied, as the case may be, that person was entitled to child benefit in respect of that child; in this sub-paragraph a child includes a person referred to in section 32(4)(a) or (b); b if required by the Secretary of State, the estimate or account of the undertaker. 5 In this regulation “ "child benefit” ” means benefit under Part I of the Child Benefit Act 1975 .
Amendment of claim forms
8 1 If, owing to the absence of due signature or of due certification, a claim is defective at the date of its receipt by the Secretary of State, he may, in his discretion, refer the claim to the claimant, and if the form is returned duly signed and certified within one month from the day on which it is so referred, the Secretary of State may treat the claim as if it had been duly made in the first instance. 2 Any person who has made a claim for benefit in accordance with the provisions of these regulations may amend his claim, at any time before a decision has been given thereon, by notice in writing delivered or sent to the Secretary of State, and any claim so amended may be treated as if it had been made as so amended in the first instance.
Interchange with claims for other benefits
9 1 Where it appears that a person who has made a claim for benefit specified in column (1) of Schedule 3 to these regulations may be entitled to the benefit specified opposite thereto in column (2) of that Schedule, any such claim may be treated as a claim in the alternative for that benefit. 2 Where it appears that a person who has made a claim for benefit is not entitled thereto, but that some other person may be entitled to an increase of benefit in respect of him, the claim may be treated as if it were a claim by such other person for an increase of benefit in respect of the claimant. 3 Where it appears that a person who has made a claim for an increase of benefit in respect of a child or adult dependant is not entitled thereto but that some other person may be entitled to an increase of benefit in respect of that child or adult dependant, the claim may be treated as if it were a claim by that other person for such an increase. 4 Where it appears that a person who has made a claim for a guardian's allowance in respect of any child is not entitled thereto, but that the claimant, or the wife or husband of the claimant, may be entitled to an increase of benefit for that child, the claim may be treated as if it were a claim by the claimant or the wife or husband of the claimant for an increase of benefit for that child. 5 A claim for benefit under the Supplementary Benefits Act 1976 may be treated as a claim also for attendance allowance, or an invalid care allowance.
Special provision where it is certified that a woman is expected to be confined or where she has been confined
10 1 Where in a certificate issued or having effect as issued under the Social Security (Medical Evidence) Regulations 1916 it has been certified that it is to be expected that a woman will be confined, and either — a a claim for sickness or invalidity benefit or non-contributory invalidity pension is made by that woman on or after the date of that certificate; or b a claim for maternity allowance so made by that woman is treated under the provisions of regulation 9(1) as a claim in the alternative for sickness or invalidity benefit or non-contributory invalidity pension; any such claim may, unless the Secretary of State otherwise directs, be treated as a claim for sickness or invalidity benefit or non-contributory invalidity pension made in respect of any days in the period beginning with the 11th week before the expected week of confinement and ending either — i on the last day of the 6th week after the week in which the confinement occurs, or ii on the last day of the 6th week after the week in which it was expected that the confinement would occur~ whichever is the later. 2 Where, in a certificate issued under the Social Security (Medical Evidence) Regulations 1976 it has been certified that a woman has been confined and she claims maternity allowance within the prescribed time, her claim may be treate'd in the alternative as a claim for sickness or invalidity benefit or non-contributory invalidity pension for the period beginning with the date of her confinement and ending 6 weeks after the week in which — i she was confined, or ii it was expected that she would be confined, whichever is the later.
Forward allowances and disallowances of sickness, invalidity and injury benefit and
no·n
-contributory invalidity pension
11 1 Subject to the following paragraphs, where a medical certificate has been issued in respect of the person named therein (“ "the claimant” ”) — a a claim for sickness, invalidity or injury benefit or non-contributory invalidity pension based on the medical certificate shall, unless in any case the Secretary of State otherwise directs, be treated as if made by the claimant for the period specified in that certificate; b on any such claim the benefit may be awarded for the whole or part of that period after the date of the claim but not exceeding 13 weeks or such shorter period as the Secretary of State may in a particular case direct; c if on any such claim the benefit is awarded for part only of the period in respect of which the claim is treated as if made, further decisions in accordance with paragraph (1)(b) awarding such benefit may be given on the same claim. 2 Any decision awarding benefit by virtue of paragraph (1) shall be subject to the condition that the claimant continues to satisfy the requirements for the payment thereof during the period to which the award relates and if these requirements are found not to have been satisfied at some time during the said period the award shall be reviewed. 3 Where a claim for sickness benefit is disallowed on the grounds that — a the contribution condition in paragraph 1(2) of Schedule 3 to the Act is not satisfied; or b although that contribution condition is satisfied, neither the contribution condition in paragraph 1(3) of the said Schedule 3 nor the requirements of regulations made under section 33(2) (partial satisfaction of contribution conditions) are satisfied; the decision disallowing that claim shall, subject to the provisions of section 104 (review of decisions), be treated as a decision disallowing any further claim within the meaning of paragraph 3(c) of column (1) of Schedule 1 to these regulations by that person for that benefit until the grounds for the original disallowance have ceased to exist. 4 Where a claim for invalidity benefit is disallowed on the grounds that the claimant has not been entitled to sickness benefit for 168 days in the relevant period of interruption of employment, the decision disallowing that claim shall, subject to the provisions of section 104, be treated as a decision disallowing any further claim (being a continuation claim within the meaning of the said paragraph 3(c)) by that person for that benefit until the grounds for the original disallowance have ceased to exist. 5 Where a claim for non-contributory invalidity pension is disallowed on the grounds that the claimant has not — a been incapable of work for 196 consecutive days; or b satisfied the requirements of regulation 3 of the Social Security (Non-Contributory Invalidity Pension) Regulations 1975 (residence and presence conditions); the decision disallowing that claim shall, subject to the provisions of section 104 (review of decisions), be treated as a decision disallowing any further claim (being a continuation claim within the meaning of the said paragraph 3(c)) by that person for that pension until the grounds for the original dis-allowance have ceased to exist. 6 For the purposes of paragraphs (1) to (5) a medical certificate means — a a doctor's statement issued in the. form prescribed in Part II of Schedule 1 to the Social Security (Medical Evidence) Regulations 1976, or having effect as so issued, which advises the claimant to refrain from work for the period specified in it; or b a certificate issued by a person accepted by the Secretary of State as an appropriate person which certifies on the form approved by the Secretary of State that the claimant is in hospital and is expected to remain there for the period specified in it; or c a doctor's statement in the form of a special statement issued by a doctor on the form approved by the Secretary of State in which that doctor advises the claimant to refrain from work for a specified period of not more than one month, on the basis of a written report which — i was received by that doctor from another doctor (other than a partner, assistant or other deputy of the doctor issuing the statement), and ii was issued on a date not more than one n10nth earlier than the date of the statement; and in this sub-paragraph “ "doctor” ” means a registered medical practitioner not being the claimant. 7 Where a claim for non-contributory invalidity pension is made by a woman who claims by virtue of the exception to section 36(2) (incapable of performing normal household duties) that claim shall, unless in any case the Secretary of State otherwise directs, be treated as if made by her for — a the period specified by a registered medical practitioner not being the claimant, on a form approved by the Secretary of State, as being that during which it is to be expected that the claimant is likely to continue to remain as restricted in her ability to perform the normal household duties in her own home or, if shorter, during which she should refrain from work; or b where applicable, the period of any award of — i attendance allowance payable at the higher rate specified in paragraph 1 of Part III of Schedule 4 to the Act, or ii an increase of disablement pension where constant attendance is needed payable at the higher rate specified in paragraph 7 of Part V of Schedule 4 to the Act, or iii an increase of allowance where constant attendance is needed in cases of exceptionally severe disablement payable by virtue of regulations made under section 159(3)(b) (payments for pre-1948 cases), or iv increase of allowance where constant attendance is needed in cases of exceptionally severe disablement payable under any scheme made under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975 , or v constant attendance allowance payable at the higher rate specified for exceptional cases of very severe disablement under any Personal Injuries Scheme or Service Pensions Instrument defined in regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1975 ; or c the period specified in a certificate issued in respect of her which complies with paragraph (6)(b), in any case beginning on the first day for which non-contributory invalidity pension is claimed. 8 The reference in paragraph (1)(b) to “ "that period” ” shall be construed, in relation to a claim to which paragraph (7) applies, as a reference to the period applicable under the latter paragraph, and paragraphs (1)(c) and (2) shall be construed accordingly. 9 Where a decision awarding non-contributory invalidity pension (by virtue of the exception to section 36(2» by reference to a period treated. as applicable under paragraph (7) is reviewed under paragraph (2), and it appears that the beneficiary may be entitled to such a pension otherwise than by virtue of that exception, the claim shall never-the-less be treated as made for the period that is or would have been applicable under paragraph (7).
Forward allowance and disallowance of unemployment benefit
12 1 Where it appears to the Secretary of State that there are, will be or are likely to be circumstances making impracticable or unduly difficult the normal operation of the provisions governing or the practice relating to the claiming, awarding or payment of unemployment benefit he may so certify; and a certificate under this regulation may be expressed — a as having effect either generally or in relation to any case or class of case or to a specified area or specified areas; and b either as having effect until a specified day or as continuing to have effect until revoked by the Secretary of State. 2 While such a certificate has effect, the following provisions of this paragraph shall apply as respects claims for unemployment benefit (being, if the certificate is not of general effect, claims made in the case, class of case, area or areas, as the case may be, to which the certificate relates) — a a claim for unemployment benefit made — i while such certificate has effect; or ii within 28 days before the date upon which the certificate is issued, whether or not benefit has already been allowed on such claim; or iii while a previous certificate under this regulation had effect so as to allow that claim to be treated as made for a period after the date on which it was made, may be treated by an insurance officer as a claim for that benefit for a period, to be specified in his decision, not exceeding 13 weeks after the date of the claim; b on any claim so treated benefit may be awarded for the whole or part of the specified period other than, in the case of a claim made before the certificate is issued, any part of the period for which benefit has already been allowed; c if on any claim so treated benefit is awarded for part only of the specified period, further decisions awarding benefit for the remainder of that period or ~ny part of it may be given on the same claim. 3 Any decision awarding unemployment benefit under paragraph (2) shall be subject to the condition that the claimant continues to satisfy the requirements for payment thereof during the period to which the award relates, and if the said requirements are found not to have been satisfied at some time during the said period the award shall be reviewed. 4 Whele a person's claim for unemployment benefit has been disallowed on any grounds and in the decision disallowing that claim it is stated that the decision is to be treated as a disallowance of any further claim by that person for unemployment benefit for days specified in the decision until the expiration of a period specified in the decision (not being a period expiring more than 12 months after the date on which the decision is given) or, if the grounds of the original disallowance have ceased to exist before the expiration of the specified period, until they have ceased to exist, the decision shall, subject to the provisions of section 104, be so treated.
Special provisions relating to claims for unemployment benefit made during periods connected with public holidays
13 1 In this regulation: — a “ "public holiday” ” means, as the case may be, Christmas Day, Good Friday or a Bank Holiday under the Banking and Financial Dealings Act 1971 ; and “ "Christmas and New Year holidays” ” and “ "Good Friday and Easter Monday” ” shall be construed accordingly and shall in each case be treated as one period; b “ "office closure” ” means a period during which an unemployment benefit office is closed in connection with a public holiday; c in computing any period of time Sundays shall not be disregarded. 2 Where any claim for unemployment benefit, other than a claim to which regulation 12(2) applies, is made during one of the periods set out in paragraph (3), the following provisions shall apply — a a claim for unemployment benefit may be treated by an insurance officer as a claim for that benefit for a period, to be specified in his decision, not exceeding 21 days after the date of the claim; b on any claim so treated, benefit may be awarded as if the provisions of sub-paragraphs (b) and (c) of paragraph (2) and the provisions of paragraph (3) of regulation 12 applied. 3 For the purposes of paragraph (2) the periods are — a in the case of Christmas and New Year holidays, a period beginning with the start of the 21st day before the first day of office closure and ending at midnight between the last day of office closure and the following day; b in the case of Good Friday and Easter Monday and in the case of any other public holiday a period beginning with the start of the 14th day before the first day of office closure and ending at midnight between the last day of office closure and the following day.
Time for claiming benefit
14 1 Subject to the provisions of Schedule 2 to these regulations — a the prescribed time for claiming any benefit specified in column (1) of Schedule 1 to these regulations shall be the appropriate time specified opposite that benefit in column (2) of that Schedule; and b if a person fails to make his claim for any such benefit within the prescribed time, he shall be disqualified for the receipt of benefit to the extent specified opposite thereto in column (3) of that Schedule. 2 If in any case the claimant proves that there was good cause for the failure to make the claim before the date on which it was made, the prescribed time for making that claim shall (subject to the provisions of section 82(2)) be extended to the date on which the claim is made: Provided that the foregoing provisions of this paragraph shall not apply to — a a claim for a maternity grant in respect of expectation of the claimant's confinement; or b a claim for a maternity allowance in respect of expectation of the claimant's confinement so that the prescribed time for making that claim is extended to the date of the confinement or to any date thereafter. 3 If in any case the claimant proves that — a on a date earlier than the date on which the claim was made, apart from satisfying the condition of making a claim, he was entitled to the benefit; and b throughout the period between the earlier date and the date on which the claim was made there was good cause for delay in making such claim; he shall not (subject to the provisions of section 82(2) be disqualified under Schedule 1 to these regulations for receiving any benefit to which he would have been entitled if the claim had been made on the said earlier date: Provided that, where the claimant is a woman claiming a maternity allowance in respect of expectation of her confinement, the foregoing provisions of this paragraph shall apply only if the claim is made before the date of the confinement.
PART III
PAYMENTS
Time and manner of payment of certain benefits and of an increase of disablement pension
15 1 This regulation applies to the following benefits (including where appropriate increases of them) — a unemployment benefit; b sickness benefit; c invalidity benefit; d maternity benefit; e death grant; f injury benefit; g an increase of disablement benefit payable under section 62 by reason of the fact that the beneficiary is receiving hospital treatment; and h non-contributory invalidity pension. 2 Subject to the provisions of these regulations, any benefit to which this regulation applies shall be paid in accordance with an award thereof as soon as is reasonably practicable after the award has been made by the determining authority, by means of an instrument of payment or by such other means as appears to the Secretary of State to be appropriate in the circumstances of any particular case. 3 For the purposes of section 45(3) (calculation of increase of pension for wife) a ““week”” where used in the expression ““week for which he is entitled to benefit”” where the benefit is an invalidity pension, means a period of 7 days beginning with midnight between Sunday and Monday.
Time and manner of payment of certain pensions and allowances
16 1 This regulation applies to the following benefits (including where appropriate increases of them) — a widow's benefit (which in this regulation means widow's benefit under Chapter I of Part II of the Act and benefit by virtue of section 39(4) corresponding to a widow's pension or a widowed mother's allowance); b retirement pension of any category; c child's special allowance; d attendance allowance; e guardian's allowance; f a pension under Chapter IV or V of Part II of the Act (including an increase of a pension not being an increase of a disablement benefit under section 62); g an allowance under Chapter IV or V of Part II of the Act not being injury benefit; and h invalid care allowance. 2 Subject to the provisions of these regulations, any benefit to which this regulation applies shall be paid weekly in advance by means of benefit orders payable in each case to the beneficiary at such place as the Secretary of State, after enquiry of the beneficiary may from time to time specify. 3 In every case in which there is an award by the determining authority of any benefit to which this regulation applies, the Secretary of State shall cause arrangements to be made whereby, on furnishing such evidence as to identity and such other particulars as may be required, the beneficiary may obtain a book of benefit orders and the Secretary of State shall notify the beneficiary of the arrangements so far as they affect him. 4 The Secretary of State shall arrange for the issue, to every beneficiary entitled to benefit to which this regulation applies, of a fresh book of orders on the expiration of the previous book. 5 Weekly sums on account of a child's special allowance, guardian's allowance or widow's benefit shall be payable on Tuesdays; so however that where in the case of a widow entitled to earnings-related addition to a widow's allowance by virtue of section 24(3) a payment under section 24 does not, but a payment under section 67 does, fall to be made to that widow, it shall be payable on Wednesdays. 6 Weekly sums on account of retirement pension shall be payable on Thursdays, so however that — a where a woman was entitled to widow's benefit immediately before becoming entitled to a retirement pension, that pension shall be payable on Tuesdays; b where a woman becomes entitled to a retirement pension immediately following the payment to her husband of an increase of retirement pension in respect of her, the retirement pension to which she becomes entitled shall be payable on the same days as those upon which the retirement pension of her husband is payable; c where, in relation to any person, any particular day of the week has become the appropriate day of the week for the payment of retirement pension, that day shall thereafter remain the appropriate day in his case for such payment; and for the purposes of section 45(3) (calculation of increase of pension for wife) a ““week”” where used in the expression ““week for which he is entitled to benefit”” where that benefit is Category A or Category C retirement pension, means the period of 7 days beginning with the day prescribed by this paragraph for the payment of the retirement pension in question. 7 Weekly sums on account of an attendance allowance shall be payable on Mondays, so however that the Secretary of State may in any particular case or class of case arrange for the allowance to be payable on any other day of the week and where it is in payment to any person and the day on which it is payable is changed, it shall be paid at a daily rate of 117th of the weekly rate in respect of any of the days for which payment would have been made but for that change. 8 Weekly sums on account of any industrial injuries benefit specified in paragraphs (1)(f) or (g) shall be payable on Wednesdays. 9 Weekly sums on account of an invalid care allowance shall be payable on Mondays, so however that where a person is entitled to that allowance in respect of a severely disabled person by virtue of regulation 3 of the Social Security (Invalid Care Allowance) Regulations 1976 the invalid care allowance shall be payable on Wednesdays. 10 Where by reason of any provision of the-Act or of any regulations the date as from which any benefit to which this regulation applies would commence to be payable, or as from which a change in the rate of any such benefit (not being a change in the rate of disablement benefit by reason of any increase thereof to which the last preceding regulation relates) would take effect, is a day of the week other than the appropriate day of the week for the payment of that benefit, that benefit shall commence only, or that change have effect only, as from the next such appropriate day. 11 Where the date on which a benefit to which this regulation applies (other than any widow's benefit to which the next succeeding paragraph applies) would cease to be payable is a day of the week other than that immediately preceding the appropriate day of the week for the payment of that benefit the benefit shall continue to be payable in respect of the days of the week up to but not including the next such appropriate day. 12 In the case of a woman entitled to widow's benefit immediately before becoming entitled to a retirement pension, where the date on which the widow's benefit would cease to be payable is a day of the week other than that immediately preceding the appropriate day of the week for the payment of the retirement pension the widow's benefit shall continue to be payable in respect of the days of the week up to but not including the next such appropriate day. 13 A book of serial orders issued to any person shall remain the property of the Secretary of State. 14 Any person having a book of serial orders or any unpaid benefit order shall, on the termination of the benefit to which such book or order relates, or when requested by the Secretary of State, deliver such book or order to the Secretary of State or to such person as he may direct. 15 Notwithstanding anything contained in the foregoing provisions of this regulation, the Secretary of State may in any particular case or class of cases arrange for the payment of a benefit to which this regulation applies otherwise than weekly in advance or otherwise than by means of benefit orders payable to the beneficiary.
Special provisions relating to payment of constant attendance allowance for persons out of hospital for short periods
17 Notwithstanding anything contained in the foregoing provisions of these regulations, an increase of disablement pension under section 61 where constant attendance is needed (““constant attendance allowance””) shall be paid at a daily rate of 1/7th of the weekly rate in any case where it becomes payable for a period of less than a week which is immediately preceded and immediately succeeded by periods during which the constant attendance allowance was not payable because regulation 13(1) of the' Social Security (Industrial Injuries) (Benefit) Regulations 1975 applied.
Special provision relating to payment of attendance' allowance for persons out of hospital for periods not expected to exceed 13 weeks
18 1 In any case where an attendance allowance becomes payable for a period which is immediately preceded by, and which at its commencement is expected to be followed in not more than 13 weeks by, periods during which — a the person in respect of whom it is payable is in a hospital or in a similar institution in circun1stances to which regulation 3 or 7(1)(c) of the Social Security (Attendance Allowance) (No.2) Regulations 1975 applies; or b the allowance is not payable because regulation 4 or 7(1)(b) of the Social Security (Attendance Allowance) (No.2) Regulations 1975 applies, the allowance payable for such periods shall, so long as the period does not continue for more than 13 weeks, be paid at a daily rate of 117th' of the weekly rate and shall be paid in arrears at weekly intervals or at such other intervals as the Secretary of State may in any case direct. 2 In this regulation “ "13 weeks” ” means a period of 91 consecutive days.
Time and manner of payment of age addition
19 1 Subject to the provisions of these regulations, age addition shall be paid weekly in advance. 2 Where the person to whom an age addition is payable is in receipt of a retirement pension, it shall be payable on the day of the week on which the retirement pension payable to him for that week is payable and in the same manner as that pension. 3 Where the person to whom an age addition is payable is not in receipt of a retirement pension, it shall be payable on such day of the week and in such manner as the Secretary of State may in any particular C2.SC or class of cases determine. 4 The provisions of paragraphs (6), (7), (9), (11), (12) and (14) of regulation 16 shall apply in relation to age addition as they apply in relation to benefit to which that regulation applies and as if the expression ““benefit order”” wherever it appears in those paragraphs included an order for the payment of age addition and as if the reference to a beneficiary were a reference to a person entitled to age addition.
Time and manner of payments of industrial injuries gratuities
20 1 This regulation applies to any gratuity payable under Chapter IV or V of Part II of the Act. 2 Subject to the following provisions of this regulation, every gratuity shall be payable in one sum. 3 A gratuity may be payable by instalments of such amounts and at such times as appear reasonable in the circumstances of the case to the person or tribunal awarding the gratuity if — a the beneficiary to whom the gratuity has been awarded is, at the date of the award, under the age of 18 years; or b in any other case, the amount of the gratuity so awarded (not being a gratuity payable to the widow of a deceased person on her remarriage) exceeds £52 and the beneficiary requests that the payments thereof shall be made by instalments. 4 An appeal shall not be brought against any decision that a gratuity shall be payable by instalments or as to the amounts of any such instalments or the time of payment thereof but any such decision may be varied by any person or tribunal by whom the award of that gratuity is varied. 5 Subject to the provisions of regulation 39 of the Social Security (Industrial Injuries) (Benefit) Regulations 1975, a gratuity shall — a if it is payable by equal weekly instalments, be paid in accordance with the provisions of regulation 16 insofar as they are applicable; or b in any other case, be paid by such means as may appear to the Secretary of State to be appropriate in the circumstances.
Time of payment 01 Category C or D retirement pensions etc. to those in receipt of supplementary benefit
21 In relation to a Category C or D retirement pension or benefit by virtue of section 39(4) corresponding to a widow's pension or a widowed mother's allowance payable to a person or the wife of a person who is in receipt of a supplementary pension or allowance under the Supplementary Benefits Act 1976 , references to Tuesdays in regulation 16(5) and references to Thursdays in regulation 16(6) shall have effect as if they were references to the days on which his supplementary pension or allowance is paid.
Extinguishment of right to sums payable by way of benefit which are not obtained within the prescribed time
22 1 The right to payment of any sum by way of benefit shall, subject to paragraphs (2) and (3), be extinguished where payment thereof is not obtained within the period of 12 months from the date on which the right is to be treated as having arisen; and for the purposes of this regulation a right shall be treated as having arisen — a in relation to any such sum contained in an instrument of payment which has been given or sent, for the purpose of making payment thereof, to the beneficiary or to an approved place for collection by him (whether or not received or collected as the case may be), notwithstanding that that sum is greater or less than the sum to which the beneficiary has the right to payment — i on the date on the said instrument of payment; or ii if a further instrument of payment has been so given or sent as a replacement for an instrument of payment previously given or sent, on the date on the last such instrument of payment; b in relation to any such sum to which sub-paragraph (a) of this paragraph does not apply, where notice is given (whether orally or in writing) or is sent that the sum contained in the notice is available for collection, notwithstanding that that sum is greater or less than the sum to which the beneficiary has the right to payment — i if written notice is sent through the post, on the date on which it would be delivered in the ordinary course of post; and ii in any other case, on the date of the notice; and, in any case, if more than one such notice is given or sent,. on the date determined by reference to the first such notice; c in relation to any such sum to which neither sub-paragraph (a) nor sub-paragraph (b) of this paragraph applies, on such date as the Secretary of State determines. 2 Where a question arises whether the right to payment of any sum by way of benefit has been extinguished by the operation of this regulation and the determining authority is satisfied that — a after the expiration of the said period of 12 months the Secretary of State has received written notice requesting payment of that sum; and b throughout the period commencing within the said period of 12 months and continuing up to the day on which the said notice was given there was good cause for not giving that notice; the said period of 12 months shall be extended to the date on which the determining authority decides that question, and for the purposes of the operation of this regulation thereafter the right to payment of that sum shall, notwithstanding the provisions of paragraph (1), be treated as having arisen on that date. 3 Where, by virtue of regulation 12(1) of the Social Security (General Benefit) Regulations 1974 , payment of benefit is suspended for any period, the period of suspension shall not be taken into account in calculating the said period of 12 months. 4 This regulation shall apply to a person authorised or appointed to act on behalf of the beneficiary as it applies to a beneficiary. 5 This regulation shall not apply to the right to payment of a sum by way of a death grant or by way of a single payment of any industrial injury gratuity or a single payment in satisfaction of a person's right to graduated retirement benefit.
Information to be given when obtaining payment of benefit
23 1 Every beneficiary and every person by whom or on whose behalf sums payable by way of benefit are receivable shall furnish in such manner and at such times as the Secretary of State may determine such certificates and other documents and such information of facts affecting the right to benefit or to its receipt as the Secretary of State may require (either as a condition on which any sum or sums shall be receivable or otherwise), and in particular shall notify the Secretary of State in writing of any change of circumstances which he might reasonably be expected to know might affect the right to benefit, or to its receipt, as soon as reasonably practicable after the occurrence thereof. 2 Where any sum is receivable on account of an increase of benefit in respect of an adult dependant the beneficiary shall, in such cases or classes of case as the Secretary of State may direct, furnish a declaration signed by such dependant confirming the particulars respecting him furnished by the claimant.
P art IV
SPECIAL PROVISIONS RELATING TO INDUSTRIAL INJURIES BENEFIT ONLY Notice of accidents 24 1 Every employed earner who suffers personal injury by accident in respect of which benefit may be payable shall give notice of such accident either in writing or orally as soon as is practicable after the happening thereof: Provided that any such notice required to be given by an employed earner may be given by some other person acting on his behalf. 2 Every such notice shall be given to the employer, or (if there is more than one employer) to one of such employers, or to any foreman or other official under whose supervision the employed earner is employed at the time of the accident, or to any person designated for the purpose by the employer, and shall give the appropriate particulars. 3 Any entry of the appropriate particulars of an accident made in a book kept for that purpose in accordance with the provisions of regulation 25 shall, if made as soon as practicable after the happening of an accident by the employed earner or by some other person acting on his behalf, be sufficient notice of the accident for the purposes of this regulation. 4 In this regulation — “ "employer” ” means, in relation to any person, the employer of that person at the time of the accident and “ "employers” ” shall be construed accordingly; and “ "employed earner” ” means a person who is or is treated as an employed earner for the purposes of industrial injuries benefit. 5 In this regulation and regulation 25, ““appropriate particulars”” mean the particulars indicated in Schedule 4 to these regulations.
Obligations of employers
25 1 Every employer shall take reasonable steps to investigate the circumstances of every accident of which notice is given to him or to his servant or agent in accordance with the provisions of regulation 24 and, if there appear to him to be any discrepancies between the circumstances found by him as a result of his investigation and the circumstances appearing from the notice so given, he shall record the circumstances so found. 2 Every employer who is required to do so by the Secretary of State shall furnish to an officer of the Department within such reasonable period as may be required, such information and particulars as shall be required — a of any accident or alleged accident in respect of which benefit may be payable to, or in respect of the death of, a person employed by him at the time of the accident or alleged accident; or b of the nature of and other relevant circumstances relating to any occupation prescribed for the purposes of Chapter V of Part II of the Act in which any person to whom or in respect of whose death benefit may be payable under that Chapter was or is alleged to have been employed by him. 3 Every owner or occupier (being an employer) of any mine or quarry or of any premises to which any of the provisions of the Factories Act 1961 applies and every employer by whom 10 or more persons are normally employed at the same time on or about the same premises in connection with a trade or business carried on by the employer shall, subject to the following provisions of this paragraph — a keep readily accessible a book or books in a form approved by the Secretary of State in which the appropriate particulars (as defined in regulation 24) of any accident causing personal injury to a person employed by the employer may be entered by that person or by some other person acting on his behalf; and b preserve every such book, when it is filled, for the period of 3 years beginning with the date of the last entry therein.
Obligations of claimants
for,
and beneficiaries in receipt of, injury benefit or disablement benefit
26 1 Subject to the following provisions of this regulation, every claimant for, and every beneficiary in receipt of, injury benefit or disablement benefit shall comply with every notice given to him by the Secretary of State which requires him either — a to submit himself to a medical examination by a medical authority for the purpose of determining the effects of the relevant accident or the treatment appropriate to the relevant injury or loss of faculty; or b to submit himself to such medical treatment for the said injury or loss of faculty as is considered appropriate in his case by the medical practitioner in charge of the case or by any medical authority to whose examination he has submitted himself in accordance with the foregoing provisions of this regulation. 2 Every notice given to a claimant or beneficiary requiring him to submit himself to medical examination shall be given in writing and shall specify the time and place for examination and shall not require the claimant or beneficiary to submit himself to examination — a by a Medical Board, before the expiration of the period of 6 days beginning with the date of the notice or such shorter period as may be reasonable in the circumstances; b in any other case, on a date earlier than the third day after the day on which the notice was sent. 3 Every claimant and every beneficiary who, in accordance with' the foregoing provisions of this regulation, is required to submit himself to a medical examination or to medical treatment — a shall attend at every such place and at every such time as may be required; and b may, in the discretion of the Secretary of State, be paid such travelling and other allowances (including compensation for loss of remunerative time) as the Secretary of State may with the consent of the Minister for the Civil Service determine. 4 In this regulation “ "medical authority” ” means the Medical Appeal Tribunal, a Medical Board or any medical practitioner appointed or nominated by the Secretary of State.
Withdrawal of claims for disablement benefit
27 1 If a person who has made a claim for disablement benefit wishes, with a view to withdrawing his election to treat an injury benefit period as having come to an end, to withdraw the claim, he may send to or deliver at the appropriate office written notice signed by him withdrawing the claim, and, notwithstanding the provisions of section 7 of the Interpretation Act 1978 , such a notice so given shall, if it is received at the appropriate office before the claim has been finally determined, operate to withdraw the claim on the date of its receipt at that office. 2 In this regulation, “ "the appropriate office” ” means the office of the Department in which action upon the claim is being taken or in or to which the claim was made.
P art V
MISCELLANEOUS PROVISIONS
Persons unable to act
28 1 Where in the case of any person — a benefit is payable to him or he is alleged to be entitled to it, or by whom or on whose behalf a claim for benefit has been made; b he is a child or is unable for the time being to act; and either c no receiver has been appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf; or d in Scotland, his estate is not being administered by any tutor, curator or other guardian acting or appointed in terms of law, the Secretary of State may, upon written application made to him by a person over the age of 18, appoint that person to exercise, on behalf of the child or the person who is unable to act, any right to which that child or person may be entitled under the Act and to receive and deal on his behalf with any sums payable to him. 2 Where the Secretary of State has made an appointment under paragraph (1) above — a he may at any time in his absolute discretion revoke any such appointment; b the person appointed may resign his office after having given one month's notice in writing to the Secretary of State of his intention to do so; c any such appointment shall terminate when the Secretary of State is notified that a receiver or other person to whom paragraph (1)(c) or d above applies has been appointed. 3 Anything required by these regulations to be done by or to any such person as aforesaid who is a child or who is for the time being unable to act may be done by or to the receiver, tutor, curator or other guardian, if any, or by or to the person appointed under this regulation to act on his behalf, and the receipt of any person appointed under this regulation shall be a good discharge to the Secretary of State for any sum paid.
Payments on death
29 1 On the death of a person who has made a claim for benefit or who is alleged' to have been entitled to benefit, or in respect of whose death a death grant is alleged to be payable, the Secretary of State may appoint such person as he may think fit to proceed with or to make a claim for the benefit, and the provisions of these regulations shall apply subject to the necessary modifications to any such claim: Provided that in the case of a death grant a claim may be made by any person specified in paragraph (2). 2 Subject to the provisions of paragraph (6), any sum payable by way of benefit which is payable under an award on a claim proceeded with or made under paragraph (1) may be paid or distributed by the Secretary of State to or amongst the persons over the age of 16 claiming as personal representatives, legatees, next of kin, or creditors of the deceased (or, where .the deceased was illegitimate, to or amongst other persons over the age of 16), and the provisions of regulation 22 shall apply to any such payment or distribution; and — a the receipt of any such person shall be a good discharge to the Secretary of State for any sum so paid; and b where the Secretary of State is satisfied that any such sum or part thereof is needed for the benefit of any person under the age of 16, he may obtain a good discharge therefor by paying the sum or part thereof to a person over that age (who need not be a person specified in this paragraph) who satisfies the Secretary of State that he will apply the sum so paid for the benefit of the person under the age of 16. 3 Subject as aforesaid, any sum payable by way of benefit to the deceased, payment of which he had not obtained at the date of his death, may, unless the right thereto was already extinguished at that date, be paid or distributed to or amongst such persons as are mentioned in paragraph (2), and the provisions of regulation 22 and of the said paragraph (2) shall apply to any such payment or distribution: Provided that, for the purpose of regulation 22 the period of 12 months shall be calculated from the date on which the right to payment of any sum is treated as having arisen in relation to any such person and not from the date on which that right is treated as having arisen in relation to the deceased. 4 In relation to a death grant, the reference in paragraph (2) to creditors shall include a reference to any person who gives an undertaking in writing to pay the whole or part of the deceased's funeral expenses, so however that any payment of the death grant to a person by virtue of this paragraph shall be subject to the condition that if the person fails to carry out any such undertaking he shall repay to the Secretary of State any death grant so paid to him. 5 Where any person has received an amount by way of a death grant by virtue of the provisions of this regulation and is entitled to reimbursement of the deceased's funeral expenses out of the deceased's estate, his right to such reimbursement shall be reduced by the amount of the death grant received by him. 6 Paragraphs (2) and (3) shall not apply in any case unless written application for the payment of any such sum is made to the Secretary of State within 12 months from the date of the deceased's death or within such longer period as the Secretary of State may allow in any particular case. 7 The Secretary of State may dispense with strict proof of the title of any person claiming in accordance with the provisions of this regulation.
Payment of benefit to third party
30 For any period during which benefit is payable to a beneficiary in respect of another person only if the beneficiary is contributing at not less than a certain weekly rate to the maintenance of, or to the cost of providing for, that other person, then if it appears to the Secretary of State to be necessary for protecting the interests of the beneficiary or of the other person, or if the beneficiary so requests the Secretary of State, the Secretary of State may direct that the whole or part of the benefit payable to the beneficiary (whether or not benefit payable in respect of the other person) shall be paid to another person on behalf of the beneficiary.
Breach of regulations
31 If any person contravenes or fails to comply with any requirement of these regulations (not being a requirement to give notice of an accident or a requirement to submit himself to medical treatment or examination) in respect of which no special penalty is provided, he shall for such offence be liable on summary conviction to a penalty not exceeding £50 or, where the offence consists of continuing any such contravention or failure after conviction thereof, £10 together with a further £10 for each day on which it is so continued.
Revocations
32 The regulations specified in column (1) of Schedule 5 to these regulations are hereby revoked to the extent mentioned in column (3) of that Schedule. Patrick Jenkin,
Secretary of State for Social Services. 7th June 1979


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
These Regulations shall come into operation on 15th September 1982 and may be cited as the Motorways Traffic (England and Wales) Regulations 1982.
Revocation
2
The Motorways Traffic Regulations 1959 and the Motorways Traffic (England and Wales) (Amendment) Regulations 1971 are hereby revoked.
Interpretation
3
1
In these Regulations, the following expressions have the meanings hereby respectively assigned to them: —
a
“the Act of 1967” means the Road Traffic Regulation Act 1967;
b
“carriageway” means that part of a motorway which —
i
is constructed with a surface suitable for the regular passage of vehicular motor traffic along the motorway,
ii
has on each side either a hard shoulder, a raised kerb, or a central reservation, and
iii
has the approximate position of its edges marked with a traffic sign of the type shown in diagram 1012.1 in Schedule 2 to the Traffic Signs Regulations and General Directions 1981 ;
c
“central reservation” means that part of a motorway which separates the carriageway to be used by vehicles travelling in one direction from the carriageway to be used by vehicles travelling in the opposite direction;
d
“excluded traffic” means traffic which is not traffic of Classes I or II;
e
“hard shoulder” means a part of the motorway which is adjacent to and situated on the left hand or near side of the carriageway when facing in the direction in which vehicles may be driven in accordance with Regulation 6, and which is designed to take the weight of a vehicle;
f
“motorway” means any road or part of a road to which these Regulations apply by virtue of Regulation 4;
g
“verge” means any part of a motorway which is not a carriageway, a hard shoulder, or a central reservation.
2
A vehicle shall be treated for the purposes of any provision of these Regulations as being on any part of a motorway specified in that provision if any part of the vehicle (whether it is at rest or not) is on the part of the motorway so specified.
3
Any provision of these Regulations containing any prohibition or restriction relating to the driving, moving or stopping of a vehicle, or to its remaining at rest, shall be construed as a provision that no person shall use a motorway by driving, moving or stopping the vehicle or by causing or permitting it to be driven or moved, or to stop or remain at rest, in contravention of that prohibition or restriction.
4
In these Regulations references to numbered classes of traffic are references to the classes of traffic set out in Schedule 4 to the Highways Act 1980 .
Application
4
These Regulations apply to every special road or part of a special road which can only be used by traffic of Classes I or II, but shall not apply to any part of any such road until such date as may be declared in accordance with the provisions of section 1(7) of the Act of 1967 to be the date on which it is open for use as a special road.
Vehicles to be driven on the carriageway only
5
Subject to the following provisions of these Regulations, no vehicle shall be driven on any part of a motorway which is not a carriageway.
Direction of driving
6
1
Where there is a traffic sign indicating that there is no entry to a carriageway at a particular place, no vehicle shall be driven or moved onto that carriageway at that place.
2
Where there is a traffic sign indicating that there is no left or right turn into a carriageway at a particular place, no vehicle shall be so driven or moved as to cause it to turn to the left or (as the case may be) to the right into that carriageway at that place.
3
Every vehicle on a length of carriageway which is contiguous to a central reservation, shall be driven in such a direction that the central reservation is at all times on the right hand or off side of the vehicle.
4
Where traffic signs are so placed that there is a length of carriageway (being a length which is not contiguous to a central reservation) which can be entered at one end only by vehicles driven in conformity with paragraph (1) of this Regulation, every vehicle on that length of carriageway shall be driven in such a direction only as to cause it to proceed away from that end of that length of carriageway towards the other end thereof.
5
Without prejudice to the foregoing provisions of this Regulation, no vehicle which —
a
is on a length of carriageway on which vehicles are required by any of the foregoing provisions of this Regulation to be driven in one direction only and is proceeding in or facing that direction, or
b
is on any other length of carriageway and is proceeding in or facing one direction,
shall be driven or moved so as to cause it to turn and proceed in or face the opposite direction.
Restriction on stopping
7
1
Subject to the following provisions of this Regulation, no vehicle shall stop or remain at rest on a carriageway.
2
Where it is necessary for a vehicle which is being driven on a carriageway to be stopped while it is on a motorway —
a
by reason of a breakdown or mechanical defect or lack of fuel, oil or water, required for the vehicle; or
b
by reason of any accident, illness or other emergency; or
c
to permit any person carried in or on the vehicle to recover or move any object which has fallen onto a motorway; or
d
to permit any person carried in or on the vehicle to give help which is required by any other person in any of the circumstances specified in the foregoing provisions of this paragraph,
the vehicle shall, as soon and in so far as is reasonably practicable, be driven or moved off the carriageway on to, and may stop and remain at rest on, any hard shoulder which is contiguous to that carriageway.
3
a
A vehicle which is at rest on a hard shoulder shall so far as is reasonably practicable be allowed to remain ·at rest on that hard shoulder in such a position only that no part of it or of the load carried thereby shall obstruct or be a cause of danger to vehicles using the carriageway.
b
A vehicle shall not remain at rest on a hard shoulder for longer than is necessary in the circumstances or for the purposes specified in paragraph (2) of this Regulation.
4
Nothing in the foregoing provisions of this Regulation shall preclude a vehicle from stopping or remaining at rest on a carriageway while it is prevented from proceeding along the carriageway by the presence of any other vehicle or any person or object.
Restriction on reversing
8
No vehicle on a motorway shall be driven or moved backwards except in so far as it is necessary to back the vehicle to enable it to proceed forwards or to be connected to any other vehicle.
Restriction on the use of hard shoulders
9
No vehicle shall be driven or stop or remain at rest on any hard shoulder except in accordance with paragraphs (2) and (3) of Regulation 7.
Vehicles not to use the central reservation or verge
10
No vehicle shall be driven or moved or stop or remain at rest on a central reservation or verge.
Vehicles not to be driven by learner drivers
11
No motor vehicle shall be driven on a motorway by a person who is authorised to drive that vehicle only by virtue of his being the holder of a provisional licence under section 88(2) of the Road Traffic Act 1972 , unless, since the date of coming into force of the said provisional licence that person has passed a test prescribed under section 85 of the Road Traffic Act 1972 sufficient to entitle him under that Act to be granted a licence, other than a provisional licence, authorising him to drive that vehicle on a road.
Restriction on use of right hand or off side lane
12
1
This Regulation applies to —
a
a motor car with a maximum gross weight exceeding 7.5 tonnes,
b
a heavy motor car, except a heavy motor car constructed solely for the carriage of passengers and their effects and not adapted or used for any other purpose the overall length of which does not exceed 12 metres, and
c
a motor vehicle drawing a trailer.
2
Subject to the provisions of paragraph (3) below, no vehicle to which this Regulation applies shall be driven, or moved, or stop or remain at rest on the right hand or off side lane of a length of carriageway which has three or more traffic lanes at any place where all the lanes are open for use by traffic proceeding in the same direction.
3
The prohibition contained in paragraph (2) above shall not apply to a vehicle while it is being driven on any right hand or off side lane such as is mentioned in that paragraph in so far as it is necessary for the vehicle to be so driven to enable it to pass another vehicle which is carrying or drawing a load of exceptional width.
4
In this Regulation —
a
“maximum gross weight” has the same meaning as in Regulation 4 of the Traffic Signs Regulations and General Directions 1981; and
b
“overall length” has the same meaning as in Regulation 3(1) of the Motor Vehicles (Construction and Use) Regulations 1978 .
Restrictions affecting persons on foot on a motorway
13
No person shall at any time while on foot go or remain on any part of a motorway other than a hard shoulder except in so far as it is necessary for him to do so to reach a hard shoulder or to secure compliance with any of these Regulations or to recover or move any object which has fallen on to a motorway or to give help which is required by any other person in any of the circumstances specified in paragraph (2) of Regulation 7.
Restrictions affecting animals carried in vehicles
14
The person in charge of any animal which is carried by a vehicle using a motorway shall, so far as is practicable, secure that —
a
the animal shall not be removed from or permitted to leave the vehicle while the vehicle is on a motorway, and
b
if it escapes from, or it is necessary for it to be removed from, or permitted to leave, the vehicle —
i
it shall not go or remain on any part of the motorway other than a hard shoulder, and
ii
it shall whilst it is not on or in the vehicle be held on a lead or otherwise kept under proper control.
Use of motorway by excluded traffic
15
1
Excluded traffic is hereby authorised to use a motorway on the occasions or in the emergencies and to the extent specified in the following provisions of this paragraph, that is to say —
a
traffic of Classes III or IV may use a motorway for the maintenance, repair, cleaning or clearance of any part of a motorway or for the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works or apparatus in, on, under or over any part of a motorway;
b
pedestrians may use a motorway —
i
when it is necessary for them to do so as a result of an accident or emergency or of a vehicle being at rest on a motorway in any of the circumstances specified in paragraph (2) of Regulation 7, or
ii
in any of the circumstances specified in sub-paragraphs (b), (d), (e) or (f) of paragraph (1) of Regulation 16.
2
The Secretary of State may authorise the use of a motorway by any excluded traffic on occasion or in emergency or for the purpose of enabling such traffic to cross a motorway or to secure access to premises abutting on or adjacent to a motorway.
3
Where by reason of any emergency the use of any road (not being a motorway) by any excluded traffic is rendered impossible or unsuitable the Chief Officer of Police of the police area in which a motorway or any part of a motorway is situated, or any officer of or above the rank of superintendent authorised in that behalf by that Chief Officer, may —
a
authorise any excluded traffic to use that motorway or that part of a motorway as an alternative road for the period during which the use of the other road by such traffic continues to be impossible or unsuitable, and
b
relax any prohibition or restriction imposed by these Regulations in so far as he considers it necessary to do so in connection with the use of that motorway or that part of a motorway by excluded traffic in pursuance of any such authorisation as aforesaid.
Exceptions and relaxations
16
1
Nothing in the foregoing provisions of these Regulations shall preclude any person from using a motorway otherwise than in accordance with the provisions in any of the following circumstances, that is to say —
a
where he does so in accordance with any direction or permission given by a constable in uniform or with the indication given by a traffic sign;
b
where, in accordance with any permission given by a constable, he does so for the purpose of investigating any accident which has occurred on or near a motorway;
c
where it is necessary for him to do so to avoid or prevent an accident or to obtain or give help required as the result of an accident or emergency, and he does so in such manner as to cause as little danger or inconvenience as possible to other traffic on a motorway;
d
where he does so in the exercise of his duty as a constable or as a member of a fire brigade or of an ambulance service;
e
where it is necessary for him to do so to carry out in an efficient manner —
i
the maintenance, repair, cleaning, clearance, alteration or improvement of any part of a motorway, or
ii
the removal of any vehicle from any part of a motorway, or
iii
the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works or apparatus in, on, under or over any part of a motorway; or
f
where it is necessary for him to do so in connection with any inspection, survey, investigation or census which is carried out in accordance with any general or special authority granted by the Secretary of State.
2
Without prejudice to the foregoing provisions of these Regulations, the Secretary of State may relax any prohibition or restriction imposed by these Regulations.
David Howell
Secretary of State for Transport
4th August 1982
Signed by authority of the Secretary of State
Michael Roberts
Parliamentary Under Secretary of State, Welsh Office
11th August 1982


text:
Title and commencement
1
This order may be cited as the North West Water Authority (Solway Firth) Trout Close Season Order 1985 and shall come into force on 10th February 1987 unless a memorial is presented to the Minister in accordance with paragraph 9 of Schedule 3 to the Act praying that this order shall be subject to special parliamentary procedure .
Modification of minimum close season for fishing for trout
2
In relation to such part of the Solway Firth as lies within the area of the North West Water Authority, paragraph 3 of Schedule 1 to the Salmon and Freshwater Fisheries Act 1975 (which specifies minimum close seasons and close times) shall have effect as if the minimum duration of the trout close season specified in item 5 of that paragraph were 168 days instead of 181 days.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th August 1985.
J. C. Edwards
Assistant Secretary, on behalf of the Minister of Agriculture, Fisheries and Food
Confirmed by the Minister of Agriculture, Fisheries and Food.
J. C. Edwards
Assistant Secretary, on behalf of the Minister of Agriculture, Fisheries and Food


text:
Citation and commencement
1
This order may be cited as the Trafford Park Development Corporation (Area and Constitution) Order 1986 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
In this order, “the map” means the map entitled “Map referred to in the Trafford Park Development Corporation (Area and Constitution) Order 1986”, of which prints signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment and the offices of the councils of the city of Salford and the borough of Trafford.
Designation of urban development area
3
The area comprising the two areas shown on the map bounded externally by a black line edged internally with a stippled band is hereby designated as an urban development area.
Establishment of the Trafford Park Development Corporation
4
For the purposes of regenerating the designated area there is hereby established an urban development corporation named “The Trafford Park Development Corporation” with eleven members in addition to the chairman and deputy chairman.
Nicholas Ridley
Secretary of State for the Environment
8th December 1986


text:
Title, commencement and interpretation
1
1
This Order may be cited as the North West Water Authority (Returns of Eels Taken) Order 1986 and shall come into force on 25th April 1987 unless a memorial is presented to the Minister of Agriculture, Fisheries and Food in accordance with paragraph 9 of Schedule 3 to the Act praying that this Order shall be subject to special parliamentary procedure .
2
In this Order “the Act” means the Salmon and Freshwater Fisheries Act 1975.
Modification of requirement to send returns
2
In relation to any fisheries within the area of the North West Water Authority, section 28(6) of, and paragraph 32 of Schedule 3 to, the Act (which, among other things, enable water authorities to make byelaws requiring persons fishing for freshwater fish to send returns of any such fish which they have taken or a statement that they have taken no such fish) shall have effect as if the reference in that paragraph to persons fishing for freshwater fish included a reference to persons fishing for eels otherwise than with rod and line.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th October 1986.
J. C. Edwards
Assistant Secretary, on behalf of the Minister of Agriculture, Fisheries and Food
Confirmed by the Minister of Agriculture, Fisheries and Food.
J. C. Edwards
Assistant Secretary, on behalf of the Minister of Agriculture, Fisheries and Food
14th April, 1987


text:
1
1
This Order may be cited as the Data Protection (Miscellaneous Subject Access Exemptions) Order 1987 and shall come into force on 11th November 1987.
2
In this Order “the subject access provisions” has the meaning which it has for the purposes of Part IV of the Data Protection Act 1984 .
2
There shall be exempted from the subject access provisions any personal data consisting of information the disclosure of which is prohibited or restricted by the enactments and instruments listed in the Schedule to this Order, being enactments and instruments which impose prohibitions or restrictions on disclosure which ought to prevail over those provisions in the interests of data subjects or of other individuals.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State Home Office
9th November 1987


text:
1
These Regulations may be cited as the Merchant Shipping (Light Dues) (Amendment) Regulations 1987 and shall come into force on 1st April 1987.
2
The Merchant Shipping (Light Dues) (Amendment) Regulations 1986 are hereby revoked.
3
The Schedule to the Merchant Shipping (Light Dues) Regulations 1981 shall be amended as follows: —
a
For the scale of payments relating to the levying of light dues set out in Part I thereof there shall be substituted the following scale: —
SCALE OF PAYMENTS
1
Home-trade sailing ships: 86.5p per 10 tons per voyage.
2
Foreign-going sailing ships: £1.73 per 10 tons per voyage.
3
Home-trade steamers:
Full rate: £1.73 per 10 tons per voyage.
Reduced rate (visiting cruise ships): 86.5p per 10 tons per voyage.
4
Foreign-going steamers:
Full rate: £3.46 per 10 tons per voyage.
Reduced rate (visiting cruise ships): £1.73 per 10 tons per voyage.
5
In the place of payments per voyage, the following payments: —
a
for pleasure yachts which the general lighthouse authority is satisfied are ordinarily kept or used outside any of the following countries and territories (including the territorial waters thereof), namely the United Kingdom, Isle of Man, Republic of Ireland, a payment in respect of any visit of 86.5p per 10 tons for every period of 30 days or less comprised in such visit;
b
for tugs and pleasure yachts not included in sub-paragraph (a) of this paragraph an annual payment of £10.38 per 10 tons.
b
In Part II thereof: —
i
in the proviso to Rule (1), for “£21.28” and “£10.64” there shall be substituted respectively “£24.22” and “£12.11”;
ii
in Rule (7), for “76p” there shall be substituted “86.5p”.
Signed by authority of the Secretary of State
Michael Spicer
Parliamentary Under-Secretary of State,
Department of Transport
23rd February 1987


text:
Title and commencement
1
These Regulations may be cited as the Common Agricultural Policy (Wine) Regulations 1987 and shall come into force on 20th November 1987.
Interpretation and revocation
2
1
In these Regulations, unless the context otherwise requires —
“the Commissioners” means the Commissioners of Customs and Excise;
“Community provision” means any provision of any regulation of the European Communities which is referred to in Schedule 1 to these Regulations, or of the treaties relating to the accession to the European Communities, respectively, of the Hellenic Republic signed at Athens on 28th May 1979 and of the Kingdom of Spain and the Portuguese Republic signed, respectively, at Madrid and Lisbon on 12th June 1985 ;
“manufacturing” means using wine, for the purpose of a trade or business (other than a catering business), in the composition, manufacture or preparation of any product;
“the Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland, Northern Ireland or Wales, the Secretary of State;
“relevant Community provision” means any Community provision referred to in Column 1 or Column 2 of Schedule 2 to these Regulations, the subject matter of which is described in Column 3 thereof;
“retail sale” means any sale to a person buying otherwise than for the purpose of resale but does not include a sale to a caterer in the course of his catering business or to a manufacturer in the course of his manufacturing business;
2
The Common Agricultural Policy (Wine) Regulations 1982 and the Common Agricultural Policy (Wine) (Amendment) Regulations 1983 are hereby revoked.
Enforcement
3
1
Subject to the provisions of this regulation, local authorities, the Minister, the Commissioners and the Wine Standards Board are hereby designated competent authorities or agencies for the purpose of Community provisions.
2
Each local authority shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the retail sale of wine within its area.
3
The Minister, the Commissioners and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the importation and exportation of wine to or from the United Kingdom.
4
The Minister and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to any matter not mentioned in paragraphs (2) or (3) of this regulation.
5
Nothing in this regulation shall be taken as authorising in the United Kingdom the Wine Standards Board or the Commissioners, or in relation to Scotland only, the Minister or a local authority, to institute proceedings for an offence.
6
In this regulation —
a
“local authority” means —
i
as respects England and Wales, a food and drugs authority for the purposes of the Food Act 1984 ;
ii
as respects Scotland, an islands or district council which is the enforcement authority for the purposes of the Food and Drugs (Scotland) Act 1956 ;
iii
as respects Northern Ireland, a district council for the purposes of section 29 of the Food and Drugs Act (Northern Ireland) 1958 ;
b
“the Wine Standards Board” means the Wine Standards Board of The Vintners' Company.
7
The provisions of this regulation are without prejudice to the duties of such local authorities under the provisions of the respective Acts referred to in paragraph (6) of this regulation.
Exemptions
4
The relevant Community provisions relating to the information required on labels of the products mentioned in Article 1 of Council Regulation ( EEC ) No. 355/79 shall not apply to —
a
unlabelled products which are transported between two or more establishments or between vineyards and wine making plants, in either case belonging to the same undertaking and situated in the same local authority area;
b
unlabelled quantities of grape musts and wines not exceeding 15 litres per batch and not intended for sale;
c
unlabelled quantities of grape musts and wines intended for the domestic consumption of the producer and his employees.
5
The provisions of Article 13(1) of Council Regulation (EEC) No. 347/79 relating to the prohibition of the planting, field grafting and double-grafting of vine varieties not listed in the classification referred to in Article 1 of that Regulation shall not apply where the purpose of the planting is one of the purposes set out in the first subparagraph of Article 13(2) thereof.
Offences and penalties
6
1
If any person contravenes or fails to comply with any of the relevant Community provisions referred to in Columns 1 or 2 of Parts I, II , III or V of Schedule 2 to these Regulations, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,000, or on conviction on indictment to a fine.
2
If any person —
a
contravenes or fails to comply with any of the relevant Community provisions referred to in Columns 1 or 2 of Parts IV, VI or VII of Schedule 2 to these Regulations, or
b
discloses to any other person any information obtained by him in pursuance of his duties under these Regulations, unless the disclosure is made in, or for the purposes of, the performance by him or any other person of any functions under these Regulations, or in pursuance of a Community obligation,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1,000.
3
In any proceedings against any person for an offence under these Regulations, it shall be a defence for that person to prove that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.
4
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or a similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th October 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
12th October 1987


text:
1
This Order may be cited as the District of Preseli (Electoral Arrangements) Order 1987.
2
This Order shall come into force on 7th May 1987, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day it shall come into force forthwith.
3
1
The existing wards of the District of Preseli shall be abolished and that district shall be divided into thirty-two wards which shall bear the names set out in column 1 of the Schedule to this Order, and each such ward shall comprise the areas specified in column 2 of that Schedule opposite to the name of the ward as given in column 1, which areas are: —
a
in the case of a ward of a community, the areas demarcated by green lines on the boundary map referred to in the Preseli (Communities) Order 1987 and designated on that map by reference to the names of the wards of the communities as set out in column 2 of Schedule 2 to that Order, and
b
in the case of a community, the areas demarcated by red lines on the boundary map referred to in the Preseli (Communities) Order 1987 and designated on that map by reference to the names of the communities as set out in paragraphs (1), (2) and (4) of Article 6 of that Order.
2
The number of councillors to be elected for each such ward shall be the number specified in column 3 of the Schedule to this Order opposite to the name of the ward as given in column 1 of that Schedule.
4
The ordinary elections of all councillors for the District of Preseli shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 1987 and every fourth year thereafter.
5
The registration officer shall make such re-arrangement or alteration of the register of local government electors as may be necessary on account of the coming into force of this Order.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State Home Office
26th February 1987


text:
1
This Order may be cited as the Gipsy Encampments (Borough of Kettering) Order 1987 and shall come into force on 15th October 1987.
2
The area of the Borough of Kettering is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Nicholas Ridley
Secretary of State for the Environment
15th September 1987


text:
1
This Order may be cited as the Territorial Sea (Limits) Order 1987 and shall come into force on 1st October 1987.
2
The seaward limit of the territorial sea adjacent to the United Kingdom between Point 1 and Point 6 indicated in the Schedule to this Order shall consist of a series of straight lines joining, in the sequence given, Points 1 to 6 indicated in the Schedule to this Order.
3
The seaward limit of the territorial sea adjacent to the United Kingdom shall be the median line where the baselines from which the breadth of the territorial sea adjacent to the United Kingdom is measured are less than 24 nautical miles from the baselines from which the breadth of the territorial sea adjacent to the Isle of Man is measured.
4
In this Order: —
a
“straight line” means a loxodromic line;
b
all positions given by means of co-ordinates are defined on European Datum (1st Adjustment 1950);
c
“median line” is a line every point of which is equidistant from the nearest points of the baselines from which the breadth of the territorial sea adjacent to the United Kingdom and the Isle of Man respectively is measured.
G. I. de Deney
Clerk of the Privy Council


text:
1
The Regulations may be cited as the Drivers' Hours (Passenger and Goods Vehicles) (Exemption) Regulations 1987 and shall come into force on 17th January 1987.
2
A driver who during any working day or any working week spends time in driving passenger or goods vehicles and who spends time driving or on duty during that day or week to meet the special need occasioned by severe weather conditions or the effects or consequences of severe weather conditions is exempted from the requirements of the domestic drivers' hours code in respect of that day or that week.
Signed by authority of the Secretary of State
Peter Bottomley
Parliamentary Under Secretary of State,
Department of Transport
16th January 1987


text:
Citation and commencement
1
These Regulations may be cited as the Value Added Tax (Repayments to Third Country Traders) Regulations 1987 and shall come into force on 31st December 1987.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Value Added Tax Act 1983;
“prescribed year” means the period of twelve months beginning on the first day of July in any year;
“claimant” means a person making a claim under these Regulations or a person on whose behalf a claim is made and any agent acting on his behalf as his tax representative;
“official authority” means any government body or agency in any country which is recognised by the Commissioners as having authority to act for the purposes of these Regulations;
“third country” means a country other than those comprising the Member States of the European Community;
“tax representative” means any person established in the United Kingdom and registered for the purposes of the tax in accordance with the provisions of Schedule 1 to the Act who acts as agent on behalf of a claimant;
“trader” means a person carrying on a business who is established in a third country.
2
For the purposes of these Regulations a person is treated as being established in any country if —
a
he has there a business establishment; or
b
he has no such establishment (there or elsewhere) but his permanent address or usual place of residence is there.
3
For the purposes of these Regulations —
a
a person carrying on business through a branch or agency in any country is treated as being established there; and
b
where the person is a body corporate its usual place of residence shall be the place where it is legally constituted.
Repayments of tax
3
Subject to the provisions of these Regulations a trader shall be entitled to be repaid tax charged on supplies made to him in the United Kingdom or on goods imported by him into the United Kingdom as if he were a taxable person in the United Kingdom claiming credit for input tax in accordance with section 14 of the Act.
Tax representatives
4
The Commissioners may, as a condition of allowing a repayment under these Regulations, require a trader to appoint a tax representative to act on his behalf.
Persons to whom these Regulations apply
5
1
Save as the Commissioners may otherwise allow a trader to whom these Regulations apply who is established in a third country having a comparable system of turnover taxes will not be entitled to any refunds under these Regulations unless that country provides reciprocal arrangements for refunds to be made to taxable persons who are established in the United Kingdom.
2
These Regulations shall apply to any trader but not if during any period determined under regulation 9 —
a
he was established in any of the Member States of the European Community; or
b
he made supplies of goods or services in the United Kingdom other than —
i
transport of freight outside the United Kingdom or to or from a place outside the United Kingdom or any services ancillary thereto; or
ii
services where the tax on the supply is payable solely by the person to whom they are supplied in accordance with the provisions of section 7 of the Act.
Supplies and importations to which these Regulations apply
6
These Regulations apply to any supply of goods or services made in the United Kingdom or to any importation of goods into the United Kingdom which is made on or after 1st January 1988 but they do not apply to any supply of goods or services or importation of goods which —
a
the trader has used or intends to use for the purpose of any supply by him in the United Kingdom; or
b
have been exported or are intended for exportation from the United Kingdom by or on behalf of the trader.
Tax which will not be repaid
7
1
The following tax shall not be repaid —
a
tax charged on a supply which if made to a taxable person would be excluded from any credit under section 14 of the Act;
b
tax charged on a supply to a travel agent which is for the direct benefit of a traveller other than the travel agent or his employee.
2
In this regulation a travel agent includes a tour operator or any person who purchases and resupplies services of a kind enjoyed by travellers.
Method of claiming
8
1
A person claiming a repayment of tax under these Regulations shall —
a
complete in English and send to the Commissioners either the form numbered 1 in the Schedule hereto, or a like form produced by any official authority, containing full information in respect of all the matters specified in the said form and a declaration as therein set out; and
b
at the same time furnish —
i
a certificate of status issued by the official authority of the third country in which the trader is established either on the form numbered 2 in the Schedule hereto or on a like form produced by the official authority; and
ii
such documentary evidence of an entitlement to deduct input tax as may be required of a taxable person claiming a deduction of input tax in accordance with the provisions of regulation 62 of the Value Added Tax (General) Regulations 1985 .
2
Where the Commissioners are in possession of a certificate of status issued not more than twelve months before the date of the claim, the claimant shall not be required to furnish a further such certificate.
3
The Commissioners may refuse to accept any document referred to in paragraph (1)(b)(ii) of this regulation if it had been furnished in support of an earlier claim.
Time within which a claim must be made
9
1
A claim shall be made no later than six months after the end of the prescribed year in which the tax claimed was charged and shall be in respect of tax charged on supplies or on importations made during a period of not less than three months and not more than twelve months;
provided that a claim may be made in respect of tax charged on supplies or on importations made during a period of less than three months where that period represents the final part of the prescribed year.
2
No claim shall be made for less than £16.
3
No claim shall be made for less than £130 in respect of tax charged on supplies or on importations made during a period of less than the prescribed year except where that period represents the final part of the prescribed year.
Treatment of claim and repayment claimed
10
For the purposes of paragraph 4 of Schedule 7 to the Act (provisions as to tax assessments) any claim made under these Regulations shall be treated as a return required under paragraph 2 of Schedule 7 to the Act.
11
For the purposes of section 40(1)(c) of the Act (provisions as to appeals) repayments claimed under these Regulations shall be treated as the amount of any input tax which may be credited to a person.
Colin C. Finlinson
Commissioner of Customs and Excise
King’s Beam House Mark Lane LONDON EC3R 7HE
25th November 1987