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PART I
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Padstow Harbour Revision Order 1987 and shall come into force on a date fixed in accordance with the Statutory Orders (Special Procedure) Acts 1945 and 1965 .
2
The Padstow Harbour Act and Orders 1869 to 1973 and this Order may be cited together as the Padstow Harbour Acts and Orders 1869 to 1987.
Interpretation
2
In this Order, unless the context otherwise requires —
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847
“charges” means the charges, rates, tolls or dues which the Commissioners are for the time being authorised to demand, take and recover in relation to the undertaking;
“the Commissioners” means the Padstow Harbour Commissioners incorporated by section 4 of the Padstow Harbour Act 1910 and “Commissioner” means one of the Commissioners;
“the elected Commissioners ” means the Commissioners elected by the Padstow electors, the St. Minver electors or the Wadebridge electors, as provided by article 4 below;
“the first election” means the first election held under the provisions of this Order;
“the harbour estate” means the docks, piers, wharves, quays, berths, roads, bridges, sheds and other works and conveniences and the lands, buildings and property, of every description and of whatever nature, which are for the time being vested in or occupied by the Commissioners for the purposes of the Port ;
“the harbour master” means the harbour master appointed by the Commissioners and includes his authorised deputies and assistants and any person authorised by the Commissioners to act as harbour master;
“hovercraft” has the same meaning as in the Hovercraft Act 1968
“the level of high water” means the level of mean high-water springs;
“the Manor Commissioner ” means the Commissioner appointed by the Lord of the Manor of Padstow as provided by article 4 below;
“the new constitution date” means the first day of the third month after the expiry of the month current at the commencement of this Order;
“the Padstow Area” means the area consisting of the parishes of Padstow and St. Issey in the county of Cornwall;
“the Padstow electors” means the persons who are shown in the register of parliamentary electors for the time being in force as resident at addresses within the Padstow Area;
“the Port” means the area within the limits of a line from Pentire Point (50 degrees, 35.2' North, 4 degrees, 56.05' West) to the outside of Newland Rock (50 degrees, 35.55' North, 4 degrees, 56.85' West) to the outside of Gulland Rock (50 degrees, 34.32' North, 4 degrees, 59.9' West) to Stepper Point (50 degrees, 34.12' North, 4 degrees, 56.8' West) including all the branches or creeks of the Rivers Camel and Allen so far as the tide flows;
“the returning officer” means the returning officer at the elections to be held under the provisions of this Order;
“the St. Minver Area” means the area consisting of the parishes of St. Minver Highlands and St. Minver Lowlands in the county of Cornwall;
“the St. Minver electors” means the persons who are shown in the register of parliamentary electors for the time being in force as resident at addresses within the St. Minver Area;
“tidal work” means so much of any work for the time being vested in the Commissioners as is on, under or over tidal waters or tidal lands below the level of high water;
“the undertaking” means the harbour undertaking of the Commissioners for the time being;
“vessel” means every description of vessel, however propelled or moved, and includes anything constructed or used to carry persons or goods by water and a seaplane on or in the water, a hovercraft and a hydrofoil vessel;
“the Wadebridge Area” means the area consisting of the parishes of Egloshayle, St. Breock and Wadebridge in the county of Cornwall;
“the Wadebridge electors” means the persons who are shown in the register of parliamentary electors for the time being in force as resident at addresses within the Wadebridge Area.
Incorporation of enactments
3
a
The provisions of the Act of 1847 (except sections 8 to 20, 25, 26, 42, 43, 48, 50, 83 to 90, 95 and 97 to 99), so far as applicable to the purposes of, and not inconsistent with, the provisions of this Order, are hereby incorporated with this Order.
b
in construing the provisions so incorporated —
i
the expression “the special Act” shall mean this Order, the expression “the undertakers” shall mean the Commissioners and the expression “the harbour, dock or pier” shall mean the Port and any docks, piers, berths, quays or wharves forming part of the harbour estate;
ii
section 23 shall have effect as if the Proviso to that section were omitted; and
iii
section 52 and 53 shall have effect in accordance with the provisions of article 10 (harbour master’s powers) of this Order.
PART II
NEW CONSTITUTION
New constitution of Commissioners
4
On and after the new constitution date, the Commissioners shall consist of: —
a
one Commissioner appointed by the Lord for the time being of the Manor of Padstow in the county of Cornwall;
b
three Commissioners elected by the Padstow electors as provided in article 6 below;
c
three Commissioners elected by the St. Minver electors as provided in article 6 below;
d
three Commissioners elected by the Wadebridge electors as provided in article 6 below.
Appointment and term of office of Manor Commissioner
5
1
The Lord of the Manor of Padstow shall make the first appointment under article 4(a) above before the new constitution date, or as soon as practicable after it, and the Commissioner so appointed shall come into office on that date or upon his appointment, whichever is the later, and shall hold office until 1st April 1990; and the Lord of the Manor shall appoint his successor for each period of three years in the series commencing on that date, or for the balance of such period. A Manor Commissioner may be reappointed.
2
The Lord of the Manor shall appoint as soon as practicable a person to fill any casual vacancy in the office of Manor Commissioner, and the person so appointed shall come into office on the date of the vacancy or upon his appointment, whichever is the later, and shall hold office during the remainder of the term of the previous Manor Commissioner.
Rules for Election of Commissioners
6
Schedule 1 to this Order shall have effect with respect to the elections of the elected Commissioners.
Election and term of office of candidates elected at the first election
7
1
At the first election in each area the candidate in first, second or third place at a poll shall hold office until 31st March 1990, 31st March 1989 and 31st March 1988 respectively.
2
The returning officer shall resolve any equality of votes by lot.
3
If at the first election candidates are elected without a poll, they shall serve respectively until 31st March 1990, 1989 or 1988 as determined by lot.
4
A person who at the time of the first election is appointed by the Commissioners under paragraph 5(1) of Schedule 1 to this Order shall be appointed into first, second or third place and hold office as under (1) above; but no person may be appointed into a higher place than a Commissioner who has been elected.
Election and term of office of Commissioners elected at other elections
8
A Commissioner who is elected at any election other than the first, shall come into office on 1st April next following his election and shall hold office for three years.
2
A Commissioner who is appointed at any election other than the first under paragraph 5(2) of Schedule 1 to this Order shall hold office for the balance of the period of three years from 1st April of the year of his appointment.
Casual vacancies among the elected Commissioners
9
1
If a casual vacancy shall occur among the elected Commissioners more than six months before the vacating Commissioner would regularly have retired, the vacancy shall be filled by the election (or appointment) of a Commissioner as provided in paragraph (2) below, and the person so elected (or appointed) shall come into office on the date of his election (or appointment) and hold office during the remainder of the term of the Commissioner to whom he succeeded.
2
Schedule 1 to this Order shall apply to an election held under paragraph (1) above as it applies to the annual election of Commissioners other than the first but subject to the following modifications: —
i
for paragraph 3 of Schedule 1 there shall be substituted the following paragraph;
“The returning officer shall make arrangements for the nomination of candidates for an election to fill a casual vacancy required by article 9(1) of this Order and during the period of four weeks beginning with the day on which the vacancy occurs shall publish notice by advertisement in one or more local newspapers circulating in the relevant area and by such other methods as the Commissioners may think fit of the time and place arranged for the nomination of candidates. The day fixed for the purpose must be at least one week after the first publication of such notice and not later than three weeks after such publication. The place fixed for this purpose must be within the relevant area.”;
ii
paragraph 5 of Schedule 1 shall have effect as if there were substituted for the words “immediately after the new constitution date or the 1st April in the year in question as the case may be” the words “as soon as reasonably practicable”;
iii
paragraph 10 of Schedule 1 shall have effect as if there were substituted for the words
being
for the first election, not earlier than fourteen or later than twenty-eight days after the nomination of candidates, and
in subsequent years not later than 15th March
.
the words
being not earlier than fourteen days or later than twenty-eight days after the nomination of candidates
.
Incidental provisions relating to the Commissioners
10
On and after the new constitution date, the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners.
PART III
MANAGEMENT OF THE UNDERTAKING
Limits of jurisdiction
11
1
The limits within which the Commissioners shall have and may exercise the powers of a harbour authority, and within which the powers of the harbour master may be exercised shall be the limits of the Port.
2
Nothing in this article shall empower the Commissioners to subject any person to liability to charges in respect of any vessel which remains seaward of a line drawn from Pentire Point to Stepper Point.
General powers of Commissioners
12
The Commissioners may, subject to the provisions of this Order, take all such steps from time to time as they consider necessary or desirable for the maintenance, operation and improvement of the Port and the accommodation and facilities (including navigational facilities) afforded therein or in connection therewith, and for those purposes, and without prejudice to the generality of the foregoing, the Commissioners may —
a
improve, regulate and manage the Port and provide harbour facilities therein; and
b
do all other things which in their opinion are expedient to facilitate the efficient functioning, improvement or development of the Port.
Appointment of officers
13
The Commissioners shall appoint a clerk and a harbour master and may appoint such other officers and such servants as they may determine.
Harbour master’s powers
14
1
Section 52 of the Act of 1847 as incorporated with this Order, in its application to the harbour master —
a
shall extend to empower the harbour master to give directions prohibiting the mooring of vessels in any particular part or parts of the Port.
b
shall not be construed so as to require the harbour master in an emergency to give particular directions in the case of every vessel in respect of which it is desired to exercise any of the powers of that section; but in pursuance of the section for all or any of the purposes thereof the harbour master shall be entitled in emergency to give general directions applicable to all vessels or to particular classes of vessels.
2
Section 53 of the Act of 1847, in its application to the Commissioners and to the harbour master, shall not be construed so as to require the harbour master to serve a notice in writing of his direction upon the master of a vessel and such directions may be given orally or otherwise communicated to the master on any occasion when it is not reasonably practicable for a written notice to be served on the master.
Liability for safety of goods
15
The Commissioners shall not be responsible for the safety of any goods deposited in any part of the harbour estate not specifically set apart by the Commissioners for the purpose of warehousing.
Power to remove goods
16
1
If any goods are left on or in any part of the harbour estate the Commissioners may require the owner of the goods to remove them, and if the goods are not removed within six hours after such requirement the Commissioners may cause them to be removed to their own or any other public warehouse or store, and such removal shall be carried out at the expense of the owner.
2
Notwithstanding such removal on behalf of the Commissioners the goods shall be liable to a general lien for the cost of the removal, and for any charges payable by the owner.
3
The powers of the Commissioners to prevent the removal of goods until the cost of the removal and charges payable by the owner have been paid shall extend and apply to any goods removed or placed in store under the powers of this article.
General byelaws
17
Subject to the provisions of this Order the Commissioners may make byelaws for all or any of the following purposes —
a
for regulating the use, operation and superintendence of the Port;
b
for regulating the admission to, movement and berthing within, and the departure of vessels from, the Port, or the removal of vessels, and for the good order and government of vessels whilst within the Port;
c
for regulating the shipping and unshipping, landing, warehousing, stowing, depositing and removing of goods within the limits of the Port, and at the harbour estate;
d
for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the Port or on the harbour estate;
e
for regulating the conduct of persons in the Port;
f
for regulating the placing, maintenance and use of moorings within the Port;
g
for preventing or removing obstructions or impediments within the Port or in or near the seaward approaches to the Port;
h
for regulating the removal and disposal of ballast brought by vessels entering the Port and the supply of ballast to vessels within the Port, so as to prevent any unnecessary obstruction by ballast;
i
for regulating the use of ferries within the Port;
j
for regulating the use of yachts, sailing boats, rowing boats and other small craft (whether or not propelled by mechanical power) and the holding of regattas and other public events so far as within the Port;
k
for regulating the launching of vessels within the Port;
l
for regulating or preventing the use of fires and lights within the Port and the harbour estate, and on or within any vessel in the Port;
m
for regulating the movement, speed and parking of vehicles within the harbour estate;
n
for regulating the exercise of the powers vested in the harbour master.
Byelaws as to lights, signals, etc.
18
1
Subject to the provisions of this Order the Commissioners may make byelaws for all or any of the following purposes —
a
for prescribing the lights and signals to be carried, exhibited or made by vessels while being used, navigated or moored within the Port;
b
for prescribing the lights and signals to be exhibited or made by vessels aground within the Port;
c
for prescribing the lights and signals to be exhibited or made by wreckmarking vessels or by other devices used for marking obstructions within the Port;
d
for prescribing steering and sailing rules for the regulation of vessels used or navigated within, or entering or leaving, the Port;
e
for prescribing the lights and signals to be exhibited or made at the entrance to any dock or at any wharf, pier or other work for assisting the navigation of vessels within the Port.
2
In this article “signals” include sound signals.
3
Different byelaws may be made under this article in relation to different classes of vessel.
Confirmation of byelaws and fines thereunder
19
1
a
All byelaws made by the Commissioners under this Order shall be subject to the provisions contained in subsections (3) to (8) of section 236 and in section 238 of the Local Government Act 1972 and those sections shall for the purposes of this article be construed as if the Commissioners were a local authority within the meaning of the said Act of 1972 and the reference to “the proper officer of the authority” included a reference to the clerk to the Commissioners.
b
In its application to byelaws made by the Commissioners subsection (7) of the said section 236 shall be construed as if it had been amended by the insertion of the words “or confirm with modifications” after the word “confirm” in the second place where that word occurs:
Provided that where the confirming authority proposes to make a modification which appears to him to be substantial, he shall inform the Commissioners and require them to take any steps he thinks necessary for informing persons likely to be concerned with that modification and shall not confirm the byelaws until there has elapsed such period as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Commissioners and by other persons who have been informed of it.
2
The conforming authority for the purposes of this article and of the said section 236 in its application to the Commissioners shall be the Secretary of State.
3
Byelaws made by the Commissioners under this Order may contain provisions for the imposing on persons convicted of an offence against any of the byelaws of a fine not exceeding £400 for any such offence.
Saving for existing byelaws
20
All byelaws made by the Commissioners under any enactment repealed by this Order and in force immediately before the commencement of this Order shall have effect as if they had been made and confirmed under this Order and may be amended or revoked by the Commissioners accordingly.
Powers with respect to disposal of wrecks
21
1
In their application to the Commissioners sections 530 and 532 of the Merchant Shipping Act 1894 (which confer powers on the Commissioners with respect to, and with respect to anything in or on, any vessel sunk, stranded or abandoned in such manner as to be or to be likely to become an obstruction or danger to navigation in the Port or in or near any approach thereto) shall have effect —
a
subject to the provisions of the next following article; and
b
in relation to a vessel sunk, stranded or abandoned before, as well as after, the commencement of this Order.
2
Subject to paragraph (3) of this article, and to any enactment for the time being in force limiting his liability, the Commissioners may recover as a simple contract debt from the owner of any vessel in relation to which they have exercised their powers under the said section 530 any expenses reasonably incurred by them under that section in relation to that vessel which are not reimbursed out of any proceeds of sale within the meaning of that section.
3
Except in a case which is in the opinion of the Commissioners a case of emergency, paragraph (2) of this article shall not apply in relation to any vessel unless before exercising in relation to that vessel any of the powers conferred on them by the said section 530, other than the power of lighting and buoying, the Commissioners have given to the owner of the vessel not less than forty-eight hours' notice of their intention to do so; and if before the notice expires they receive from the owner counter-notice in writing that he desires to dispose of the vessel himself, and no direction is served in respect of the vessel under paragraph (2)(b) of the next following article, he shall be at liberty to do so, and the Commissioners shall not exercise the powers aforesaid in relation to that vessel until the expiration of seven days from the receipt of the counter-notice and of any further continuous period thereafter during which the owner of the vessel proceeds with the disposal thereof with all reasonable diligence and in compliance with any directions for the prevention of interference with navigation which may be given to him by the Commissioners.
4
Notice under the last foregoing paragraph to the owner of any vessel may be served by the Commissioners either by delivering it to him or by sending it to him by the recorded delivery service addressed to him at his last known place of business or abode in the United Kingdom, or, if the owner or any such place of business or abode is not known to the Commissioners, by displaying the notice at the office of Commissioners for the period of its duration.
4A
Except in a case which is, in the opinion of the Commissioners, a case of emergency, the Commissioners shall, before raising, removing or destroying under the powers conferred upon them by the said section 530 any vessel sunk, stranded or abandoned in the Port and within a distance of 150 metres of any apparatus belonging to or maintained by the British Gas Corporation, give to that corporation in writing as long notice as is practicable of their intention to do so.
5
In this article the word “owner” in relation to any vessel means the person who was the owner of the vessel at the time of the sinking, stranding or abandoning thereof, and for the purposes of this and the next following article the word “vessel” includes any aircraft.
Protection of Crown interests in wrecks
22
1
Without prejudice to section 741 of the Merchant Shipping Act 1894 (which relates to the exemption from the provisions of that Act of vessels belonging to Her Majesty), as modified by any Order in Council made under section 80 of the Merchant Shipping Act 1906 the powers conferred on the Commissioners by sections 530 and 532 of the said Act of 1894 shall not be exercisable —
a
in relation to any vessel sunk, stranded or abandoned by design by or under the orders of a person acting on behalf of Her Majesty or an officer or servant of the Crown acting in the course of his duty as such;
b
except with the consent of the Secretary of State for Defence which may be given with or without such a direction as is referred to in paragraph (2)(b) of this article, in relation to any vessel which is not excluded from the exercise of those powers by virture of being a vessel belonging to Her Majesty but which, at the time when the vessel was sunk, stranded or abandoned —
i
had been required to be placed at the disposal of Her Majesty or of a government department; and
ii
was appropriated to the service, under the direction and control of the Secretary of State for Defence of Her Majesty’s ships of war.
2
The Commissioners shall give notice in writing to the Secretary of State for Defence and to the Secretary of State for Transport of any decision of the Commissioners to exercise in relation to any vessel any of the powers conferred by the said sections 530 and 532 other than the power of lighting and buoying and, except in a case which is in the opinion of the Commissioners a case of emergency, shall not proceed with the exercise thereof —
a
except with the consent of the Secretary of State for Defence and the Secretary of State for Transport before the expiration of a period of fourteen days from the giving of the notice; or
b
if before the expiration of the said period there is served on the Commissioners a direction by the Secretary of State for Defence or the Secretary of State for Transport that those powers shall not be exercised in relation to that vessel except in such a case as aforesaid;
and where in any such case as aforesaid the Commissioners proceed to exercise those powers without the consent and before the expiration of the period mentioned in sub-paragraph (a) of this paragraph or after a direction has been served on them as aforesaid, they shall not in the exercise of those powers use any explosives and, if before the expiration of the period aforesaid such a direction as aforesaid is served on them, shall not be entitled to exercise the power of sale conferred by the said section 530 or the power conferred by paragraph (1)(a) of the last foregoing article:
Provided that —
i
the Commissioners shall not be required to give notice under this paragraph in respect of any vessel in respect of which they have received a consent under paragraph (1)(b) of this article, but any direction such as is referred to in sub-paragraph (b) of this paragraph accompanying that consent shall be deemed for the purposes of this paragraph and of paragraph (3) of the last foregoing article to have been duly served under sub-paragraph (b) of this paragraph;
ii
the prohibition on the use of explosives imposed by this paragraph shall not apply to the use for cutting away the superstructure of a vessel of such small explosive charges as may for the time being be approved by the Secretary of State for Transport for the purpose of this proviso.
3
Without prejudice to the powers of sale conferred on the Commissioners by the said section 530, the Commissioners shall hold and dispose of any wreck within the meaning of Part IX of the said Act of 1894 raised, removed or recovered under that section, and any surplus proceeds of sale within the meaning of that section, in accordance with such directions, if any, as may be given to them by the receiver of wreck; and on exercising the said power of sale in the case of any property the Commissioners shall discharge any sums payable in respect of that property by way of duties of customs or excise and any sums so discharged shall be deemed to be expenses incurred by the Commissioners under that section.
4
Any limitation on the powers of the Commissioners in relation to any vessel arising by virtue of paragraph (1) or paragraph (2) of this article shall not operate to authorise the exercise in relation to that vessel of the powers conferred on the Trinity House by section 531 of the said Act of 1894.
Powers to grant management leases
23
Notwithstanding anything in this or any other statutory provision of local application, the Commissioners for the purposes of or in connection with the management of the undertaking may lease or grant the use or occupation of or any easement, servitude or other right or interest in or over any lands, work, buildings, machinery, equipment or other property of the Commissioners for such period or periods, at such rents and considerations and on such terms and conditions as shall be agreed between the Commissioners and the person taking the same.
Works in the Harbour
24
1
The Commissioners, subject to obtaining the necessary rights in or over land, may execute, place, maintain and operate in and over the Port such works and equipment as are required for or in connection with the exercise by them of any of their functions under this Order and may alter, renew or extend any works so constructed or placed.
2
In the exercise of the powers of this article the Commissioners shall not interfere with, damage or injuriously affect any apparatus belonging to or maintained by the Central Electricity Generating Board or the South Western Electricity Board and the said powers shall be so exercised as not to obstruct or render unreasonably inconvenient the access to any such apparatus or to operational land (as defined in section 222 of the Town and Country Planning Act 1971) of either of the said Boards.
2A
In the exercise of the powers of this article the Commissioners shall not interfere with, damage or injuriously affect any apparatus belonging to or maintained by the British Gas Corporation.
3
In this article “works” means works of any description, and includes the reclamation of land reasonably required for the purpose of executing works.
Power to dredge
25
1
The Authority may deepen, widen, dredge, scour and improve the bed and foreshore of the Port and of the approaches to the Port and may blast any rock within the Port or in such approaches.
2
Any materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1894) taken up or collected in the course of such operations shall be the property of the Commissioners and may be used, sold, removed, deposited or otherwise disposed of as the Commissioners may think fit:
Provided that the Commissioners shall not lay down or deposit any materials in a place below the level of high water except in such position as the Secretary of State may approve and subject to such conditions or restrictions as he may impose.
3
In the exercise of the powers of this article the Commissioners shall not interfere with, damage or injuriously affect any apparatus belonging to or maintained by the British Gas Corporation, and before operations for blasting any rock are carried out within 150 metres of any such apparatus the Commissioners shall give in writing to the British Gas Corporation not less than 28 days' notice of their intention to do so.
Moorings, etc.
26
1
No person other than the Commissioners may place, lay down, alter, renew or extend, or maintain, moorings, buoys or similar apparatus within the Port unless he is licensed to do so by a licence granted under this article and except in accordance with the terms and conditions upon which such licence is granted:
Provided that this paragraph shall not apply to any mooring, buoy or similar apparatus placed or laid down before the commencement of this order except as provided in paragraph (5) of this article.
2
The Commissioners may from time to time grant a licence to any person to place, lay down, alter, renew or extend, or maintain, moorings, buoys or similar apparatus for vessels in the Port:
Provided that —
i
such a licence shall not entitle a person to place, lay down, alter, renew or extend, or maintain, moorings, buoys or similar apparatus on land in respect of which he does not hold such rights as are necessary to enable him to enjoy the benefit of the licence;
ii
the Commissioners shall not unreasonably refuse to grant a licence to an owner or lessee of land (where the Commissioners are not the landlord) to place, lay down, alter, renew or extend, or maintain, moorings, buoys or similar apparatus on that land and any question whether in such a case the grant of a licence has been unreasonably refused shall be determined by the Secretary of State.
3
Any licence granted under this article shall be valid only for such a period not exceeding three years as may be specified in the licence.
4
The Commissioners may charge a reasonable fee for granting a licence under this article.
5
In the case of any mooring, buoy or similar apparatus which before the commencement of this order has been placed or laid down within the Port without the written permission of the Commissioners, the Commissioners may, by notice to the person using such mooring, buoy or similar apparatus, require the same to be removed unless, on an application under this article, the Commissioners grant a licence authorising the maintenance of the mooring, buoy or similar apparatus in question.
6
Any person who without reasonable excuse —
a
contravenes paragraph (1) of this article; or
b
fails to comply with a notice under paragraph (5) of this article within the time stated in that notice or, as appropriate, within the time stated in a notice informing him of the refusal of his application for a licence,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.
7
The Commissioners may remove any mooring, buoy or similar apparatus which has been placed, laid down, altered, renewed or extended, or which is being maintained, in contravention of this article and may recover the expenses of so doing from the person responsible for such contravention.
8
Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of works authorised by a licence under this article, to the person authorised to execute those works.
Disposal of property no longer required for the Port
27
The Commissioners, in respect of property vested in them and held for the purposes of the Port which is no longer required for those purposes, may dispose of such property in such manner, whether by way of sale, exchange, lease, the creation of any easement, right or privilege, or otherwise, for such period, upon such conditions and for such consideration as they think fit.
Tidal works not to be executed without approval of Secretary of State.
28
1
A tidal work shall not be constructed, extended, enlarged, altered, replaced or relaid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.
2
If a tidal work is constructed, extended, enlarged, altered, replaced or relaid in contravention of this article or of any condition or restriction imposed under it —
a
the Secretary of State may by notice in writing require the Commissioners at their own expense to remove the tidal work or any part thereof and restore the site to its former condition; and if, at the end of 30 days from the date when the notice is served upon the Commissioners they have failed to comply with the requirements of the notice, the Secretary of State may execute the work specified in the notice; or
b
if it appears to the Secretary of State urgently necessary to do so, he may remove the tidal work, or part of it, and restore the site to its former condition;
and any expenditure so incurred by the Secretary of State shall be recoverable from the Commissioners.
Lights on tidal works during construction
29
1
The Commissioners shall at or near a tidal work during the whole time of the construction, extension, enlargement, alteration, replacement or relaying thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If the Commissioners fail to comply with any requirement of a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Provision against danger to navigation
30
1
In the case of injury to or destruction or decay of a tidal work or any part thereof the Commissioners shall forthwith notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may from time to time direct.
2
If the Commissioners fail to notify Trinity House as required by this article or to comply with any requirement of a direction under it the Commissioners shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
31
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Commissioners at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as he thinks fit.
2
Where —
a
a work consisting partly of a tidal work and partly of works on and over land above the level of high water is abandoned or suffered to fall into decay; and
b
that part of the work on or over land above the level of high water is in such a condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore; the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, at the end of 30 days from the date when a notice under this article is served upon the Commissioners they have failed to comply with the requirements of the notice, the Secretary of State may execute the work specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Commissioners.
Survey of tidal works
32
If he deems it expedient, the Secretary of State may at any time order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by him in any such survey and examination shall be recoverable from the Commissioners.
Permanent lights on tidal works
33
1
After the completion of a tidal work the Commissioners shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as Trinity House may from time to time direct.
2
If the Commissioners fail to comply in any respect with a direction given under this section they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
PART IV
CHARGES
Charges for harbour facilities
34
1
The Commissioners may demand, take and recover in respect of anything done or provided by them or on their behalf in relation to the Port such reasonable charges as they may determine.
2
In paragraph (1) above, “charge” does not include ship passenger or goods dues as defined by section 57 of the Harbours Act 1964.
Charges on certain floating articles
35
In addition to their power to demand, take and recover ship, passenger and goods dues under section 26 of the Harbours Act 1964 the Commissioners may demand, take and recover in respect of any dracone or floating dock, crane rig, drilling rig or other floating plant (not being a ship within the meaning of section 57 of that Act) entering, using, or leaving the Port such charges as the Commissioners think fit, and the provisions of sections 30 and 31 of that Act (which require lists of charges to be available for inspection and sale and give a right of objection to ship, passenger and goods dues) shall, with any necessary modifications, apply to charges authorised by this article as they apply to ship, passenger and goods dues.
Conditions relating to payment of charges
36
Charges shall be payable subject to such conditions as the Commissioners may from time to time specify in their published list of charges.
Payment of charges
37
1
The several charges which the Commissioners are for the time being authorised to demand, take and recover in respect of vessels, other floating articles and goods shall be due and payable before the removal from the Port of any vessel, other floating article or goods in respect of which they are payable and may be demanded, taken and recovered by such persons and at such places and times as the Commissioners may from time to time apppoint.
2
Charges shall be payable by the owner of any vessel or goods in relation to which the charges are payable.
3
Where charges may be recovered by the Commissioners from more than one person, the persons from whom they may be recovered shall be jointly and severally liable.
Payment of charges on warehoused goods
38
Notwithstanding the provisions of article 16 of this Order, the owner or person having the charge of any goods warehoused, placed, stored or yarded in a warehouse, transit shed or area, store or yard of the Commissioners shall, before the removal of any of the goods therefrom and at such date or dates as shall be fixed by the Commissioners, pay such charges as shall be then due and payable on the goods.
Recovery of charges
39
In addition to any other remedy afforded by this Order and by the Act of 1847 as incorporated with this Order, and whether or not the demand required by section 44 of that Act has been made, the Commissioners may recover charges as a debt in any court of competent jurisdiction.
Exemption of lifeboat crew from charges
40
All persons going to or returning from any lifeboat or using any apparatus for saving life and being persons either belonging to the crew of the lifeboat or to the coastguard or being persons for the time being actually employed in saving life or in exercising or using the lifeboat or the apparatus for saving life and all persons brought ashore from any vessel in distress shall at all times have free ingress, passage and egress to, along and from the Port without payment.
Exemption of Officers
41
Officers of the Department of Transport and of the Ministry of Agriculture, Fisheries and Food and constables acting in the execution of their duty shall at all times have free ingress, passage and egress to, along and from the Port without payment.
PART V
FINANCE
General borrowing powers
42
1
The Commissioners may from time to time borrow upon the security of all or any of the revenues and property of the Commissioners and by any method or methods they see fit, such sums of money as they think necessary:
Provided that:
i
the amount outstanding in respect of monies so borrowed shall not at any time exceed £500,000;
ii
in calculating for the purpose of this article the amount outstanding in respect of monies borrowed by the Commissioners there shall be excluded any sums borrowed for the purpose of repaying within twelve months of the date of borrowing any sum for the time being outstanding by way of principal on any amount previously borrowed.
2
Monies borrowed by the Commissioners under this article shall be applied only to purposes to which capital money is properly applicable.
3
For the purposes of the last foregoing paragraph, but without prejudice to the generality thereof, purposes to which capital money is properly applicable shall be deemed to include: —
a
the payment of any interest falling due within the five years immmediately following the date of the borrowing of any sum of money borrowed by the Commissioners under this article; and
b
the repayment within twelve months of the date of borrowing of any sum for the time being outstanding by way of principal on any amount previously borrowed.
Temporary borrowing
43
The Commissioners may borrow temporarily, by way of overdraft or otherwise, such sums as the Commissioners may require for meeting their obligations or discharging their functions under or in pursuance of any enactment:
Provided that the total amount outstanding at any one time of the money as borrowed shall not exceed £50,000.
Reserve fund
44
The Commissioners may establish and maintain a reserve fund and may determine the monies to be carried to the credit of that fund, the management thereof and the application for the purposes of the Commissioners of the monies comprised therein.
Audit of Accounts
45
1
The accounts of the Commissioners shall be audited annually by an auditor or firm of accountants appointed by the Commissioners and a person or firm shall not be qualified to be so appointed unless he is a member, or in the case of a firm all the partners are members, of one or more of the following bodies: —
a
the Institute of Chartered Accountants in England and Wales;
b
the Institute of Chartered Accountants of Scotland;
c
the Assocation of Certified Accountants;
d
the Institute of Chartered Accountants in Ireland;
e
any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of section 389 of the Companies Act 1985
2
The report of the auditor on the accounts of the Commissioners for each financial year shall be submitted to a meeting of the Commissioners as soon as reasonably practicable following the year of account.
PART VI
MISCELLANEOUS
Crown Rights
46
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown including (without prejudice to the general law concerning the applicability of statutes to the Duchy of Cornwall) the Duchy of Cornwall and, in particular and without prejudice to the generality of the foregoing, nothing in this Order authorises the Commissioners to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to the Duchy of Cornwall or enjoyed by the possessor for the time being of the Duchy of Cornwall, without the consent in writing of two or more of such of the regular officers of the said Duchy or of such other persons as may be authorised under section 39 of the Duchy of Cornwall Management Act 1863 , or as the case may be, the consent of such Duke testified in writing under the seal of the said Duchy; or
c
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Repeals
47
1
The enactments set out in the first column of Schedule 3 to this Order are hereby repealed to the extent specified in the second column of that Schedule.
2
Notwithstanding the repeal by this Order of any enactment, the persons holding office as Commissioners at the commencement of this Order shall continue to hold office as Commissioners (except for any Commissioner who may die or resign) until the new constitution date and while so continuing to hold office may regulate their own procedure.
Costs of Order
48
The costs, charges and expenses of and in connection with the preparation, submission and making of this Order (other than those which any person may be ordered by the Secretary of State or a joint committee of both Houses of Parliament to pay, or any costs, charges and expenses incurred in opposing this Order) shall be paid by the Commissioners.
John Moore
Secretary of State for Transport
30th January 1987


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Customs Duties ( ECSC ) (No. 2) (Amendment No. 6) Order 1987 and shall come into operation on 26th May 1987.
2
Up to and including 31st December 1987, Article 6(1) of the Customs Duties (ECSC) (No. 2) Order 1985 (which exempts from duty goods to which that Order applies originating in certain countries) shall not apply to goods which fall within heading 73.08 which originate in Yugoslavia.
Michael Neubert
Nigel Lawson
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd May 1987


text:
Title and commencement
1
This Order may be cited as the Designation of Local Authority (Portsmouth Port Health District) Order 1987 and shall come into force on 24th April 1987.
Interpretation
2
In this Order: —
“Portsmouth Port Health Authority” means the District Council of Portsmouth in its capacity as a port health authority;
“Portsmouth Port Health District” means those parts of the County of Hampshire which under and by virtue of the Portsmouth Port Orders 1893 and 1938 are under the jurisdiction of the Portsmouth Port Health Authority.
Designation
3
In relation to the Portsmouth Port Health District the local authority for the purpose of the provisions of the Animal Health Act 1981 relating to imported animals shall be the Portsmouth Port Health Authority.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 1st April 1987.
Michael Jopling
Minister of Agriculture, Fisheries and Food


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Protected Rights (Transfer Payment) Regulations 1987 and shall come into force —
a
for all purposes in relation to personal pension schemes on 27th July 1987; and
b
for all other purposes on 6th April 1988.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1986;
“the Pensions Act ” means the Social Security Pensions Act 1975 ;
“the Abatement of Benefit Regulations ” means the Personal and Occupational Pension Schemes (Abatement of Benefit) Regulations 1987 ;
“appropriate personal pension scheme” shall be construed in accordance with Part I of the Act;
“ the Board ” means the Occupational Pensions Board;
“money purchase contracted-out scheme” and “occupational pension scheme” have the meaning given to those expressions by section 66(1) of the Pensions Act;
“overseas scheme” means an occupational pension scheme which is neither one contracted-out by virtue of section 32 of the Pensions Act nor one which the Board is under a duty to supervise in accordance with section 49 of that Act, and which is administered wholly or primarily outside the United Kingdom;
“paying scheme” means a scheme which is, or was formerly —
an appropriate personal pension scheme; or
a money purchase contracted-out scheme,
and which gives effect to the protected rights of a member of it by making a transfer payment in respect of those rights;
“personal pension scheme” has the same meaning as in section 84(1) of the Act;
“protected rights” has the meaning given to that expression by Schedule 1 to the Act, or where the rights are under a money purchase contracted-out scheme, or a section 49 money purchase scheme, that Schedule as modified by section 32(2B) of the Pensions Act ;
“salary related contracted-out scheme” means an occupational pension scheme which is contracted-out by virtue of section 32(2) of the Pensions Act;
“scheme” means occupational pension scheme or personal pension scheme;
“section 49 money purchase scheme” means a scheme, which was formerly a money purchase contracted-out scheme, and which the Board are under a duty to supervise in accordance with section 49 of the Pensions Act ;
“section 49 salary related scheme” means a scheme, which was formerly a salary related contracted-out scheme, and which the Board are under a duty to supervise in accordance with section 49 of the Pensions Act;
“receiving scheme” means a scheme to which a transfer payment is, or is to be, made;
and other expressions have the same meaning as in the Act.
3
In these Regulations, unless the context otherwise requires, any reference —
a
to a numbered regulation or Schedule is to the regulation in, or as the case may be, Schedule to, these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number; and
c
in a paragraph to a lettered sub-paragraph is to the sub-paragraph of that paragraph bearing that letter.
Transfer payments giving effect to protected rights
2
1
Subject to regulation 3 (requirements to be satisfied by certain specified receiving schemes), a paying scheme may give effect to the protected rights of a member by the making of a transfer payment —
a
to an appropriate personal pension scheme; or
b
to an occupational pension scheme,
in the circumstances and subject to the conditions mentioned in paragraphs (2) to (7), and in these Regulations a “transfer payment” means a transfer payment such as is described in this paragraph.
2
A transfer payment may be made to an appropriate personal pension scheme in the circumstances described in paragraph 1 of Schedule 1, and on the condition specified in paragraph 1 of Schedule 2.
3
A transfer payment may be made to a money purchase contracted-out scheme in the circumstances described in paragraphs 1 and 2 of Schedule 1, and on the condition specified in paragraph 1 of Schedule 2.
4
A transfer payment may be made to a section 49 money purchase scheme in the circumstances described in paragraphs 1 and 3 of Schedule 1, and on the conditions specified in paragraphs 1 and 2 of Schedule 2.
5
A transfer payment may be made to a salary related contracted-out scheme in the circumstances described in paragraphs 1, 2 and 5 of Schedule 1, and on the condition specified in paragraph 1 of Schedule 2.
6
A transfer payment may be made to a section 49 salary related scheme in the circumstances described in paragraphs 1, 3 and 5 of Schedule 1, and on the conditions specified in paragraphs 1 and 2 of Schedule 2.
7
A transfer payment may be made to an overseas scheme in the circumstances described in paragraphs 1 and 4 of Schedule 1, and on the conditions specified in paragraphs 1 and 2 of Schedule 2.
8
References in Schedules 1 to 3 to “the member” are references to a member referred to in paragraph (1).
Requirements to be satisfied by receiving scheme
3
A transfer payment may be made by a paying scheme to —
a
an appropriate personal pension scheme, a money purchase contracted-out scheme or a section 49 money purchase scheme, where that scheme satisfies the requirement specified in paragraph 1 of Schedule 3; or
b
a salary related contracted-out scheme or a section 49 salary related scheme, where that scheme satisfies the requirement specified in paragraph 2 of Schedule 3.
Modifications of Part III of the Pensions Act where transfer payments are made to salary related contracted-out schemes or section 49 salary related schemes
4
1
Where a transfer payment has been paid by a paying scheme to a salary related contracted-out scheme or to a section 49 salary related scheme in accordance with regulations 2 and 3, Part III of the Pensions Act shall have effect as modified by paragraphs (2) to (9).
2
Section 26(2) shall have effect as if —
a
after “sections 33 and 36 below” there were inserted “or in compliance with the requirement set out in paragraph 2 of Schedule 3 to the Protected Rights (Transfer Payment) Regulations 1987”; and
b
at the end there were added “or, as the case may be, of that requirement.”.
3
Section 29(2) shall have effect as if there were inserted after the words added by paragraph 14(b)(ii) of Schedule 10 to the Act, “unless he is entitled to that guaranteed minimum pension by reason of paragraph 2 of Schedule 3 to the Protected Rights (Transfer Payment) Regulations 1987.”.
4
Section 35(1) shall have effect as if —
a
after “guaranteed minimum” there were inserted “both”; and
b
at the end there were added “and in relation to any pension provided by a scheme in compliance with the requirement set out in paragraph 2 of Schedule 3 to the Protected Rights (Transfer Payment) Regulations 1987, (guaranteed minimum pension to be paid by a scheme by reason of receiving a transfer payment).”.
5
In a case to which regulation 2(1) of the Abatement of Benefit Regulations applies, section 35(5) shall have effect as if any earnings factor to which regulation 2(2)(b) of those Regulations applies were, before being increased as mentioned in section 35(5), equal to the amount mentioned in regulation 2(2)(b) of them.
6
Section 35(7) shall have effect —
a
if the scheme from which the transfer payment was made was a personal pension scheme —
i
in respect only of each relevant year after the year in which minimum contributions, within the meaning given to that expression by section 1 of the Act, were last payable, and
ii
in a case to which regulation 2(1) of the Abatement of Benefit Regulations applies, as if any earnings factor to which regulation 2(2)(b) of those Regulations applies were, before being increased as mentioned in section 35(7), equal to the amount mentioned in regulation 2(2)(b) of them; or
b
if the scheme from which the transfer payment was made was a money purchase contracted-out scheme or a section 49 money purchase scheme, in respect only of each relevant year after the year in which contracted-out employment by reference to that scheme terminated.
7
Section 35(8) shall have effect as if there were added at the end “, so however that separate provision may be made for members as regards any guaranteed minimum pensions which have accrued to them by reason of paragraph 2 of Schedule 3 to the Protected Rights (Transfer Payment) Regulations 1987.”.
8
In a case to which regulation 2(1) of the Abatement of Benefit Regulations applies —
a
section 44(6)(a) shall have effect as if any earnings factor to which regulation 2(2)(b) of those Regulations applies were, before being increased as mentioned in section 44(6)(a), equal to the amount mentioned in regulation 2(2)(b) of them; and
b
section 45(3)(a) shall have effect as if any earnings factor to which regulation 2(2)(b) of those Regulations applies were, before being increased as mentioned in section 45(3)(a), equal to the amount mentioned in regulation 2(2)(b) of them.
9
Section 45(1) shall have effect as if after “accrued rights” there were inserted “,including any such pensions which have accrued to him by reason of paragraph 2 of Schedule 3 to the Protected Rights (Transfer Payment) Regulations 1987”.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
25th June 1987


text:
1
This Order may be cited as the Petroleum Act 1987 (Commencement No. 1) Order 1987.
2
The provisions of the Petroleum Act 1987 specified in the Schedule hereto shall come into force on 30th June 1987.
Alick Buchanan-Smith
Minister of State,
Department of Energy
6th May 1987


text:
Citation and commencement
1
This Order may be cited as the Housing (Extension of Right to Buy) Order 1987 and shall come into force on 23rd October 1987.
Interpretation
2
In this Order, unless the contrary intention appears, a reference to a numbered section, Part or Schedule, without more, is a reference to the section, Part or Schedule bearing that number in the Housing Act 1985.
Extension of the right to buy
3
1
Where there are in a dwelling-house let on a secure tenancy one or more interests all of which are interests to which this article applies, and the dwelling-house is a house, Part V (the right to buy) has effect with the modifications specified in the Schedule to this Order being modifications to enable a secure tenant to acquire the freehold of the dwelling-house.
2
This article applies to an interest held by —
a local authority,
a new town corporation,
an urban development corporation,
the Development Board for Rural Wales,
the Housing Corporation, or
a registered housing association, other than one excepted from the right to buy by Schedule 5, paragraph 1 (charities), 2 (co-operatives) or 3 (associations which have not received grant),
which is immediately superior to the interest of the landlord or to another interest to which this article applies.
Consequential, supplementary and transitional provisions
4
1
In a case where a secure tenant, at a time when this Order did not apply, has served, in relation to the dwelling-house, a notice under section 122(1) (tenant’s notice claiming to exercise right to buy), this Order does not apply while that notice remains in force.
2
Where, in pursuance of Part V as modified by this Order, a secure tenant has served a notice under section 122(1) (notice claiming to exercise right to buy) then in the event of the interest of the landlord, an intermediate landlord or the freeholder in the dwelling-house passing to a person not being an authority or body to which article 3(2) applies, the freeholder shall as soon as practicable serve on the tenant a notice in writing telling him that he is no longer entitled to acquire the freehold of the dwelling-house.
Nicholas Ridley
One of Her Majesty’s Principal Secretaries of State
30th September 1987


text:
Title, commencement, duration and interpretation
1
1
This Order may be cited as the Plaice and Saithe (Specified Sea Areas) (Prohibition of Fishing) Order 1987, shall come into force on 17th July 1987 and shall cease to have effect on 1st January 1988.
2
In this Order —
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea described in the Schedule hereto;
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which is British-owned.
Prohibition
2
1
Subject to paragraph (2) below, fishing for plaice ( Pleuronectes platessa ) or for saithe ( Pollachius virens ) —
a
within any part of a sea area by any British fishing boat registered in the United Kingdom or the Isle of Man; or
b
within any part of a sea area which lies inside British fishery limits by any other British fishing boat,
is prohibited.
2
The prohibition in paragraph (1)(a) above shall not apply to fishing within that part of the sea area ICES Vb (Faroes Grounds) which lies outside British fishery limits.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise in relation to any British fishing boat anywhere the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in subparagraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 15th July 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
15th July 1987
Peter Walker
Secretary of State for Wales
15th July 1987
Tom King
Secretary of State for Northern Ireland
15th July 1987


text:
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 1987.
2
The amount specified, which by virtue of section 5 of the Capital Gains Tax Act 1979 is, unless Parliament otherwise determines, the exempt amount for the year 1987 — 88, is £6,600.
Tim Sainsbury
Michael Neubert
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1987


text:
Title and commencement
1
These Regulations may be cited as the Fresh Meat Export (Hygiene and Inspection) Regulations 1987 and shall come into force on 5th February 1988.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Act 1984;
“animals” mean domestic animals of the following species: bovine animals (including buffalo), swine, sheep, goats and solipeds;
“anti-mortem health inspection” means inspection of live animals in a slaughterhouse in accordance with the requirements of regulation 8 and Schedule 6;
“appropriate Minister” means as respects England the Minister of Agriculture, Fisheries and Food, and as respects Wales the Secretary of State;
“authorised officer of the Council” means in Schedules 7, 8, 9 and 13 an official veterinary surgeon or inspector;
“carcase” means the whole body of a slaughtered animal after bleeding and dressing in accordance with the requirements of Schedule 7;
“cold store” means premises, not forming part of a slaughterhouse or cutting premises, used for the cold storage of meat intended for sale for human consumption;
“contravention” in relation to any provision of these Regulations includes a failure to comply with that provision;
“country of destination” means the Member State to which fresh meat is sent;
“cutting premises” means premises used for the purpose of cutting up meat intended for sale for human consumption, whether or not they form part of a slaughterhouse;
“cutting up” means cutting meat into cuts smaller than half carcases cut into three wholesale cuts or boning meat;
“disinfect” means to apply hygienically satisfactory chemical or physical agents or processes with the intention of eliminating micro-organisms;
“examine in detail” means to examine by making multiple deep incisions into lymph nodes;
“export” means to send to a Member State;
“export cold store” means a cold store currently approved by the appropriate Minister under these Regulations for the cold storage of fresh meat prior to export;
“export cutting premises” means cutting premises currently approved by the appropriate Minister under these Regulations for the purpose of cutting up fresh meat for export;
“export premises” means an export cold store, export cutting premises or an export slaughterhouse;
“export slaughterhouse” means a slaughterhouse currently approved by the appropriate Minister under these Regulations for the purpose of producing fresh meat for export;
“fresh” as applied to meat means all meat which has not undergone any preserving process and includes meat vacuum wrapped or wrapped in a controlled atmosphere; but chilled and frozen meat shall be considered to be fresh meat;
“health mark” means a mark made by or under the supervision and responsibility of an official veterinary surgeon in accordance with regulation 8 and of a kind and in the manner set out in Schedule 11;
“inspector” means a person who, in accordance with section 73 of the Act and the Authorised Officers (Meat Inspection) Regulations 1987 , is authorised under the Act to act in relation to the examination and seizure of meat and who is appointed in accordance with regulation 12(2);
“lairage” means that part of a slaughterhouse used for the confinement of animals awaiting slaughter there;
“local authority” means —
as respects the City of London, the Common Council;
as respects any London borough, the council of the borough;
as respects any district, the council of the district;
and in relation to any land or premises means the local authority within whose area the land or premises is or are situated;
“meat” means the flesh or other edible parts of animals;
“occupier” means any person carrying on the business of an export slaughterhouse, export cutting premises or export cold store, either together or separately;
“offal” means meat other than that of the carcase whether or not naturally connected to the carcase;
“official veterinary surgeon” means a veterinary surgeon designated by the appropriate Minister;
“packing”, in relation to meat, means placing wrapped meat into a carton or similar receptacle, and “package” shall be construed accordingly;
“post-mortem health inspection” means inspection of slaughtered animals in a slaughterhouse in accordance with the requirements of regulation 8 and Schedule 8;
“sell” includes offer or expose for sale or have in possession for sale;
“slaughterhouse” has the same meaning as in the Act, except that it does not include any place available in connection with a slaughterhouse and used solely for the manufacture of bacon and ham, sausages, meat pies or other manufactured meat products, or for the storage of meat used in such manufacture;
“transhipment centre” means an export slaughterhouse or export cutting premises currently approved by the appropriate Minister under these Regulations for the purpose of unloading, assembling, inspecting and loading consignments of fresh meat for export where such meat bears the health mark of other premises approved by the appropriate Minister under these Regulations or the meat comes from outside England and Wales and satisfies the requirements of the European Economic Community;
“veterinary officer” means a veterinary officer of the appropriate Minister;
“viscera” means offal from the thoracic, abdominal and pelvic cavities, including the trachea and oesophagus;
“wrapping”, in relation to meat, means placing in a material which comes into direct contact with the meat.
2
Except in so far as the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Exemption
3
These Regulations shall not apply to minced meat or to meat which is similarly finely divided or to fresh meat which is exported with the authority of the country of destination and intended exclusively as supplies for international organisations and military forces stationed in its territory but serving under another flag.
Approval of premises
4
1
The appropriate Minister on an application made to him under this regulation —
a
shall approve the premises to which the application relates as —
i
an export slaughterhouse if he is satisfied that the premises comply with the requirements of Schedule 1 and that the method of operation in those premises complies with the requirements of Part I of Schedule 5 and Schedules 6, 7 and 8;
ii
export cutting premises if he is satisfied that —
aa
in the case of premises to which the Slaughterhouses (Hygiene) Regulations 1977 apply, the premises comply with the requirements of Part I of Schedule 2 and the method of operation in those premises can comply with the requirements of Part I of Schedule 5 and Schedule 9, and
ab
in the case of premises to which the Slaughterhouses (Hygiene) Regulations 1977 do not apply, the premises comply with the requirements of Schedule 2 and the method of operation in those premises can comply with the requirements of Parts I and II of Schedule 5 and Schedule 9;
iii
an export cold store if he is satisfied that the premises comply with the requirements of Schedule 3 and that the method of operation in those premises can comply with the requirements of Part III of Schedule 5 and Schedule 13;
iv
a transhipment centre if he is satisfied that the premises, being an export slaughterhouse or export cutting premises, comply with the requirements of Schedule 4; and
b
shall refuse so to approve those premises if he is not so satisfied.
2
Each application for the approval of any premises under this regulation shall be made in writing to the appropriate Minister by the occupier of, or a person proposing to occupy, those premises.
3
The appropriate Minister shall notify the local authority in writing of each such application and shall arrange for a veterinary officer to inspect the premises named in the application and to make a report on those premises.
4
Where a local authority have been notified under paragraph (3) of this regulation of an application for the approval of any premises, they may submit written representations relating to that application to the appropriate Minister within 21 days after the receipt of such notification and shall send a copy of any representations to the applicant.
5
Within 21 days after the receipt of a copy of any representations submitted by the local authority under paragraph (4) of this regulation the applicant may submit written observations on those representations to the appropriate Minister.
6
In determining whether or not to approve any premises under paragraph (1) of this regulation the appropriate Minister shall have regard to —
a
the report made on the premises by the veterinary officer under paragraph (3) of this regulation,
b
any representations submitted by the local authority under paragraph (4) of this regulation, and
c
any observations submitted by the applicant under paragraph (5) of this regulation.
7
The appropriate Minister shall notify the applicant and the local authority in writing of his decision on each application for the approval of premises under this regulation and of the reasons for any refusal to approve such premises.
8
Any approval of any premises under this regulation shall, in the interest of maintaining a sufficient standard of hygiene, be subject to the condition that no significant alteration shall be made to —
a
the premises or the equipment in those premises otherwise than by way of repairs and maintenance, or
b
the method of operation in those premises,
without the prior agreement in writing of the appropriate Minister who shall have regard to any views expressed by the local authority.
9
Following the approval of any premises as an export slaughterhouse or as export cutting premises the appropriate Minister shall issue to the local authority the necessary equipment for application of the health mark.
Existing approvals
5
Any approval to use premises as a slaughterhouse, cutting premises, cold store or transhipment centre granted or deemed to be granted under the Fresh Meat Export (Hygiene and Inspection) Regulations 1981 and in force immediately before the commencement of these Regulations shall continue in force and have effect as if it had been granted under and subject to the provisions of these Regulations.
Suspension and revocation of approval
6
1
The appropriate Minister may suspend or revoke his approval of any export slaughterhouse, export cutting premises, export cold store or transhipment centre and require the withdrawal of the equipment for application of the health mark if, after an inspection of, or an inquiry into the method of operation of the premises and a report by a veterinary officer and, in the case of revocation of approval, after consultation with the local authority and the occupier, he is satisfied in respect of those premises that the requirements of these Regulations are no longer complied with, or have not been complied with and no action has been taken to ensure that a similar breach does not occur in future, or that the condition attached to the approval of those premises in accordance with regulation 4(8) has not been observed.
2
The appropriate Minister shall forthwith notify the occupier and the local authority of his decision under paragraph (1) of this regulation to suspend or revoke his approval of any premises, of the date on which the suspension or revocation is to take effect and of the reasons for such suspension or revocation.
3
Any notification under paragraph (2) of this regulation shall be given in writing in the case of any revocation of approval and may be given orally or in writing in the case of any suspension of approval, and where any such notification is given orally it shall be confirmed in writing.
4
Where the appropriate Minister has suspended approval of any premises under this regulation, those premises shall be treated throughout the period of suspension as if approval had not been granted under these Regulations.
5
Where the suspension of approval of any premises under this regulation is not expressed to end on a specified date it may, if the appropriate Minister thinks fit, be ended by notice given by him to the occupier, and the appropriate Minister shall notify the local authority in writing that the suspension of approval of the premises has been ended.
Use of premises for production, cutting up, storage and loading of fresh meat for export
7
1
No person shall use any premises as a slaughterhouse for the production of fresh meat for export unless at the time of such use those premises are currently approved by the appropriate Minister as an export slaughterhouse in accordance with regulation 4(1)(a)(i).
2
No person shall use any premises, whether or not they comprise a part of a slaughterhouse, for the purpose of cutting up fresh meat for export unless at the time of such use those premises are currently approved by the appropriate Minister as export cutting premises in accordance with regulation 4(1)(a)(ii).
3
No person shall use any premises for the cold storage of fresh meat for export where those premises do not form part of an export slaughterhouse or export cutting premises unless at the time of such use those premises are currently approved by the appropriate Minister as an export cold store in accordance with regulation 4(1)(a)(iii).
4
No person shall use any premises for the purpose of unloading, assembling, inspecting and loading consignments of fresh meat for export where such meat bears the health mark of other premises approved by the appropriate Minister under these Regulations or the meat comes from outside England and Wales and satisfies the requirements of the European Economic Community unless at the time of such use the first mentioned premises are an export cold store or are currently approved by the appropriate Minister as a transhipment centre in accordance with regulation 4(1)(a)(iv).
5
In any export slaughterhouse, without prejudice to the requirements of the Slaughterhouses (Hygiene) Regulations 1977 and the Slaughter of Animals (Prevention of Cruelty) Regulations 1958 , the requirements of Part I of Schedule 5 and Schedules 6, 7 and 8 shall be complied with at all times and the requirements of Schedules 11 and 14 shall be complied with whenever fresh meat for export is being produced.
6
In any export cutting premises, without prejudice to the requirements of the Slaughterhouses (Hygiene) Regulations 1977 or the Food Hygiene (General) Regulations 1970 , as appropriate, the requirements of Part I of Schedule 5 and Schedules 9, 10, 11, 12 and 14 shall be complied with whenever fresh meat for export is being cut up, and in the case of premises to which the Slaughterhouses (Hygiene) Regulations 1977 do not apply Part II of Schedule 5 shall also be complied with whenever fresh meat for export is being cut up.
7
In any export colds store, without prejudice to the requirements of the Food Hygiene (General) Regulations 1970, the requirements of Part III of Schedule 5 and Schedule 13 shall be complied with whenever fresh meat for export is in cold storage.
8
Subject to regulation 8(4) and (5), the provisions of regulations 3, 6 to 8 and 10 to 14 of, and Schedules 1 to 3 to, the Meat Inspection Regulations 1987 shall not apply in relation to any export slaughterhouse.
Inspection and health marking
8
1
Each local authority shall arrange for every animal which is to be slaughtered in an export slaughterhouse to be subjected to an ante-mortem health inspection.
2
Each local authority shall arrange for every animal slaughtered in an export slaughterhouse to be subject to a post-mortem health inspection.
3
Where fresh meat intended for export has been passed as fit for human consumption following ante-and post-mortem health inspections and is eligible for export in accordance with these Regulations, it shall be marked in accordance with the requirements of Schedule 11, and, subject to paragraph (4) of this regulation, no other meat shall be so marked.
4
Where fresh meat is not intended for export but has been passed as fit for human consumption following ante-and post-mortem health inspections and is eligible for export in accordance with these Regulations, it shall be marked in accordance with regulation 11 of, and Schedule 3 to, the Meat Inspection Regulations 1987, except that where the owner of the meat so requests it shall be marked in accordance with the requirements of Schedule 11.
5
Where fresh meat has been passed as fit for human consumption following ante-and post-mortem health inspections but is not eligible for export in accordance with these Regulations, it shall be marked in accordance with regulation 11 of, and Schedule 3 to, the Meat Inspection Regulations 1987.
6
No person shall remove, or cause or permit to be removed, from an export slaughterhouse any blood intended for human consumption or any carcase or part of a carcase or any offal until it has been inspected in accordance with these Regulations and, in the case of fresh meat passed as fit for human consumption after inspection, until it has been marked in accordance with paragraphs (3) to (5) of this regulation.
7
The occupier shall give the local authority not less than 24 hours' notice of the day and time on and at which fresh meat intended for export is to be cut up on, or despatched from, any export cutting premises or admitted to, or despatched from, any export cold store. In the case of fresh meat intended for export which is to be despatched from an export cold store, such notice may be given on behalf of the occupier by any person having an interest in the meat.
8
Where a local authority have been given notice under paragraph (7) of this regulation they shall arrange for fresh meat intended for export to be supervised —
a
during cutting up on and despatch from any export cutting premises in accordance with the requirements of Schedule 10; and
b
during admission to and despatch from any export cold store in accordance with the requirements of Schedule 13.
9
No person shall use the health mark described in Schedule 11 except in premises currently approved by the appropriate Minister as an export slaughterhouse or export cutting premises.
Health certificate
9
The official veterinary surgeon shall sign the health certificate referred to in Schedule 14 only if he is satisfied that the fresh meat has been produced, inspected, prepared, stored and handled in accordance with the requirements of these Regulations.
Conditions for export of fresh meat
10
1
No person shall export or sell for export for human consumption any fresh meat being carcases, half carcases, quarter carcases, half carcases cut into three wholesale cuts or offal unless —
a
it has been obtained from an export slaughterhouse which is supervised in accordance with regulation 12;
b
it comes from an animal which has been subjected to an ante-mortem health inspection and following such inspection has been passed as fit for slaughter for human consumption;
c
it has been prepared under hygienic conditions in accordance with the requirements of Schedule 5;
d
it comes from an animal which has been subjected to a post-mortem health inspection and which has shown no evidence of disease or other abnormal condition except for traumatic lesions incurred shortly before slaughter or localised malformations or pathological changes and it is established that these do not render unfit for human consumption those parts of the carcase or offal not affected by such lesions, malformations or changes;
e
it has been given a health mark in accordance with the requirements of Schedule 11;
f
if it has been stored after the post-mortem health inspection, this has been done under hygienic conditions in an export slaughterhouse, export cutting premises or an export cold store which in each case is supervised in accordance with regulation 12;
g
it is accompanied to the country of destination by a health certificate in accordance with the requirements of Schedule 14; and
h
if it has been transported, this has been done under hygienic conditions in accordance with the requirements of Schedule 15.
2
No person shall export or sell for export for human consumption any fresh meat which has been cut up unless —
a
it has been obtained from export cutting premises which are supervised in accordance with regulation 12;
b
it has been cut up and obtained in accordance with the requirements of Schedule 9;
c
it comes from —
i
fresh meat from animals slaughtered in England and Wales which satisfies the requirements of paragraph (1)(a), (b), (c), (d), (e), (f) and (h) of this regulation; or
ii
fresh meat from animals slaughtered in Scotland or Northern Ireland which satisfies the requirements of the European Economic Community; or
iii
fresh meat imported in accordance with the requirements of the European Economic Community;
d
it has been prepared under hygienic conditions in accordance with the requirements of Schedule 5;
e
it has been given a health mark in accordance with the requirements of Schedule 11;
f
if it has been stored, this has been done under hygienic conditions in an export slaughterhouse, export cutting premises or an export cold store which in each case is supervised in accordance with regulation 12;
g
it has been subjected to supervision in accordance with the requirements of Schedule 10;
h
if it is wrapped or packed, this has been done under hygienic conditions in accordance with the requirements of Schedule 12;
i
it is accompanied to the country of destination by a health certificate in accordance with the requirements of Schedule 14; and
j
if it has been transported, this has been done under hygienic conditions in accordance with the requirements of Schedule 15.
3
No person shall export or sell for export for human consumption —
a
fresh meat of animals in which any form of tuberculosis or any living or dead cysticercus bovis or cysticercus cellulosae has been found;
b
those parts of carcases or offal showing the traumatic lesions, malformations or changes referred to in paragraph (1)(d) of this regulation or which are contaminated;
c
fresh meat which has been treated with natural or artificial colouring matters;
d
fresh meat which has been treated with ionizing or ultra-violet radiation.
4
Except where the country of destination has granted a general authorisation or an authorisation restricted to a specific case, no person shall export or sell for export for human consumption —
a
fresh meat from boars or from cryptorchid or hermaphrodite swine unless it is intended to undergo one of the treatments provided for in Council Directive 77/99/ EEC and it bears a special mark in accordance with the requirements of Schedule 11;
b
heads of bovine animals and fresh meat from the heads of bovine animals excluding tongues and brains;
c
fresh meat from animals to which tenderisers have been administered;
d
blood;
e
fresh meat in pieces weighing less than 100g each.
Admission of animals and carcases to an export slaughterhouse
11
1
Without prejudice to regulation 19 of the Slaughterhouses (Hygiene) Regulations 1977 an official veterinary surgeon may require that the accommodation or alternative methods of operation and facilitaties referred to in paragraph 2(b) of Schedule 1 shall be used for —
a
the slaughtering and dressing of any animal which is brought into an export slaughterhouse and which is known or is suspected to be diseased or injured;
b
the carrying out of any necessary examination performed under the Animal Health Act 1981 on any undressed and unbled carcase which is brought into an export slaughterhouse;
c
the dressing of any undressed and bled carcase which is brought into an export slaughterhouse.
2
Fresh meat from any carcase which has been examined or dressed in accordance with subparagraph 1(b) or 1(c) of this regulation shall not be eligible for export.
Supervision of approved premises
12
1
Each local authority shall, in relation to any export slaughterhouse, export cutting premises or export cold store, appoint for each such establishment one or more official veterinary surgeon or surgeons, in each case to be an officer of the Council authorised to act in relation to the examination and seizure of meat, to provide the health certification of fresh meat intended for export in accordance with the provisions of Schedule 14 and to be responsible for the carrying out of the following functions in relation to those premises: —
a
the ante-mortem health inspection of animals;
b
the post-mortem health inspection of slaughtered animals;
c
the health marking of fresh meat;
d
securing the observance of the requirements of Schedules 5, 7, 9 and 12;
e
the supervision of export cutting premises with particular reference to the functions set out in Schedule 10;
f
securing the observance of the requirements of Schedule 15 relating to the transport of fresh meat intended for export;
g
the supervision of export cold stores in accordance with the requirements of Schedule 13;
h
the supervision at transhipment centres of the unloading, assembly and inspection of fresh meat and the loading of fresh meat into the vehicle in which it is to be exported.
2
Each local authority shall, in relation to any export slaughterhouse, export cutting premises or export cold store, appoint a sufficient number of other persons to act as inspectors under the supervision and responsibility of the official veterinary surgeon in relation to functions specified in paragraph 1(a) to (h) of this regulation.
Charges by local authorities
13
1
Subject to paragraph (4) of this regulation, a local authority may make charges, of such amounts as they may from time to time determine in accordance with the requirements of paragraph (2) or (3) of this regulation, in respect of the inspections and supervisory functions carried out by them in pursuance of these Regulations, other than any such functions carried out for the purpose of securing the observance of the requirements of Schedule 5.
2
A local authority which intend to make, or to increase the amounts of any existing, charges shall —
a
calculate on the basis of the permitted cost factors set out in Schedule 16 the amounts of their charges;
b
consult the occupier of any export premises affected by those charges about the amounts which the local authority propose to charge, the number of persons whom they propose to employ in the carrying out of the inspections and supervisory functions to which those charges relate and the hours during which those persons are intended to be engaged on those inspections and supervisory functions;
c
supply to any person consulted by them in accordance with sub-paragraph (b) of this paragraph on his request made in writing within fourteen days of the day on which he was consulted, details of the calculations used to decide the amounts of the proposed charges;
d
consider any representations made to them by, or on behalf of, any person whom they have consulted and, having regard thereto, determine the amounts of their charges; and
e
notify such amounts to all persons consulted in accordance with sub-paragraph (b) of this paragraph at least fourteen days before the day on which the charges are to take effect.
3
A local authority which intend to reduce the amounts of any existing charges shall —
a
determine the amounts which, on the basis of the permitted cost factors set out in Schedule 16, are to be charged;
b
notify the occupier of any export premises affected by those charges of the amounts of their charges, the number of persons whom they propose to employ in carrying out the inspections and supervisory functions to which those charges relate and the hours during which those persons are intended to be engaged on those inspections and supervisory functions; and
c
supply to any person so notified, on his request in writing made within seven days of the day on which he was notified, details of the calculations used to determine the amounts of the charges.
4
A local authority shall not apply any charge unless the requirements of paragraph (2) or (3) of this regulation have been complied with in respect of that charge.
5
Any charge made by a local authority by virtue of paragraph (1) of this regulation shall be payable —
a
in respect of any animal slaughtered in a public slaughterhouse, by the person on whose behalf the animal is slaughtered;
b
in the case of fresh meat intended for export which is to be despatched from an export cold store, by the person giving notice to the local authority pursuant to regulation 8(7); and
c
in any other case, by the occupier.
6
Any charge due to a local authority by virtue of this regulation shall be recoverable by them summarily as a civil debt.
7
In this regulation and in Schedule 16 “occupier”, in relation to a public slaughterhouse, includes any person who slaughters animals there with the consent of the local authority which provides that slaughterhouse.
Powers of entry
14
Any person authorised in that behalf either by the appropriate Minister or the local authority on producing, if so required, a duly authenticated document showing his authority, shall have a right to enter, at any reasonable time, any premises which he has reasonable cause to believe to be premises on which animals are slaughtered for export for human consumption or on which fresh meat is prepared, stored or sold for export for human consumption, for the purpose of —
a
performing his functions under these Regulations, and
b
ascertaining whether there is or has been on, or in connection with, the premises any contravention of the provisions of these Regulations:
Provided that admission to any premises used only as a private dwellinghouse shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupant of such premises.
Obstruction
15
No person shall wilfully obstruct a person authorised under regulation 14 who is acting in the execution of these Regulations.
Information to be provided by local authorities
16
Each local authority shall provide the appropriate Minister with such information relating to the execution of their duties under these Regulations as he may from time to time require.
Penalties and enforcement
17
1
If any person contravenes or fails to comply with any provision of these Regulations he shall be guilty of an offence and shall be liable —
a
on summary conviction, to a fine not exceeding £2,000; and
b
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
2
Each local authority shall enforce and execute the provision of these Regulations in their district with the exception of regulations 4 and 6 which shall be enforced and executed by the appropriate Minister.
Application of various sections of the Act
18
1
Section 100 (which relates to a contravention due to some person other than the person charged), section 102 (which relates to conditions under which warranty may be pleaded as a defence) and section 103 (which relates to offences in relation to warranties and certificates of analysis) of the Act shall apply for the purposes of these Regulations as if references therein to proceedings taken or brought under that Act included references to proceedings taken or brought for an offence under these Regulations.
2
Section 116 of the Act (which relates to protection for local government officers acting in good faith) shall have effect for the purposes of these Regulations as if references therein to that Act were references to these Regulations.
Revocations
19
1
The Fresh Meat Export (Hygiene and Inspection) Regulations 1981 , the Fresh Meat Export (Hygiene and Inspection) (Amendment) Regulations 1983 and the Fresh Meat Export (Hygiene and Inspection) (Amendment) Regulations 1985 are hereby revoked.
2
The reference to the Fresh Meat Export (Hygiene and Inspection) Regulations 1981 shall be omitted from Schedule 2 to the Food (Revision of Penalties) Regulations 1982 and Part II of the Schedule to the Food (Revision of Penalties) Regulations 1985 .
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th December 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
John Moore
Secretary of State for Social Services
10th December 1987
Peter Walker
Secretary of State for Wales
10th December 1987