text:
Commencement and citation
1
These Regulations may be cited as the Drivers' Hours (Goods Vehicles) (Keeping of Records) Regulations 1987 and shall come into force on 2nd November 1987.
Revocation
2
The Drivers' Hours (Keeping of Records) Regulations 1976 and the Drivers' Hours (Keeping of Records) (Amendment) Regulations 1986 are hereby revoked.
Interpretation
3
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Transport Act 1968;
“driver’s record book” means a book which complies with regulation 5, and any reference in relation to a driver’s record book to a front sheet, instructions to drivers for completion of sheets, and weekly record sheets is a reference to those components of a driver’s record book referred to in regulation 5.
“operator’s licence” has the same meaning as in section 60(1) of the Act; and
“passenger vehicles” and “goods vehicles” have the same meaning as in section 95(2) of the Act.
Application of Regulations
4
Subject to the provisions of regulations 12 and 13 these Regulations apply to drivers of goods vehicles and to employers of employee-drivers of such vehicles but they do not so apply in relation to a journey made or work done by a driver in a case where the journey or, as the case may be, the work is a journey or work to which the applicable Community rules apply.
Form of driver’s record book
5
A driver’s record book shall contain–
a
a front sheet;
b
instructions to drivers for completion of sheets;
c
notes for guidance on use of the book; and
d
weekly record sheets divided up into boxes for entry of information relating to each day of the week and a duplicate of each weekly record sheet together with one sheet of carbon paper or other means whereby an entry on a weekly record sheet may be simultaneously reproduced on the duplicate of that sheet
each of which shall conform to the model in the Schedule to these Regulations and shall have the standard A6 format (105 × 148mm) or a larger format.
Issue of Driver’s Record Books
6
1
Where an employee-driver is required by these Regulations to enter information in a driver’s record book the employer shall issue to him and from time to time as may be necessary while the employee-driver remains in the employment of that employer supply him with a new driver’s record book.
2
If on the date of the coming into operation of these Regulations or at any time thereafter an employee-driver has more than one employer in relation to whom he is an employee-driver of a vehicle, the employer who is to issue a new driver’s record book to him shall be the employer for whom the employee-driver first acts in the course of his employment on or after the said date or time.
3
Where during the currency of a driver’s record book an employee-driver ceases to be employed by an employer who has issued that book to him he shall return that book, (including all unused weekly record sheets), to that employer and, if he is at that time employed by some other person or persons in relation to whom he is an employee-driver of a vehicle, that other person, or if there is more than one such other person, that one of them for whom he first acts in the course of his employment after ceasing to be so employed as aforesaid, shall issue a new driver’s record book to him in accordance with the provisions of paragraph (1) above.
Entries in driver’s record books
7
1
An employer of an employee-driver or an owner-driver shall enter or secure that there is entered on the front sheet the information specified in items 4 and 6 of that sheet.
2
The entries referred to in paragraph (1) shall be made–
a
in the case of an employer, before the driver’s record book is issued to the driver pursuant to regulation 6, and
b
in the case of an owner-driver before the book is used.
3
a
For the purpose of entering the information specified in item 4, the address shall, in the case of an owner-driver, be the address of the driver’s place of business.
b
For the purpose of entering the information specified in item 6 the Operator’s Licence No. shall be the serial number of the operator’s licence granted under Part V of the Act by virtue of which each goods vehicle used by the driver during the currency of the record book is an authorised vehicle for the purposes of the said Part V.
4
A driver shall enter, and where he is an employee-driver, his employer shall cause him to enter, in accordance with the instructions to drivers for the completion of sheets–
a
on the front sheet the information specified in relation to the front sheet in those instructions; and
b
in the appropriate boxes in the weekly record sheet the information specified in relation to weekly record sheets in those instructions.
5
A driver when making an entry in a weekly record sheet (including signing such a sheet) shall ensure by the use of carbon paper or otherwise, that the entry is simultaneously reproduced on the duplicate of that sheet.
Manner of keeping driver’s record books – supplementary
8
1
Where a weekly record sheet has been completed by an employee-driver he shall deliver the driver’s record book (including the duplicate of the weekly record sheet which has been completed) to the employer who issued or should have issued the record book to him within a period of seven days from the date when the weekly record sheet was completed or earlier if so required by the employer.
2
An employer to whom a driver’s record book has been delivered pursuant to paragraph 1 above shall–
a
examine the weekly record sheet which has been completed and sign it and its duplicate;
b
detach the duplicate sheet; and
c
return the book to the driver before he is next on duty.
3
When all the weekly record sheets in a driver’s record book have been used, the driver shall retain the book for a period of fourteen days from the date on which the book was last returned to him pursuant to paragraph (2)(c) above and shall then return the book to the employer as soon as is reasonably practicable.
4
When a weekly record sheet has been completed by an owner-driver he shall, within a period of seven days from the date of its being completed, detach the duplicate sheet and deliver it to the address which is required to be entered in item 4 on the front sheet.
5
An employee-driver or an owner-driver shall not be treated as having failed to comply with any of the requirements of paragraphs (1) and (4) above with respect to the period within which the duplicate of a weekly record sheet shall be delivered if he can show that it was not reasonably practicable to comply with that requirement and that the duplicate of the weekly record sheet was delivered as soon as it was reasonably practicable to do so.
6
A driver who is in possession of a driver’s record book in which he has made any entry pursuant to regulation 7 shall not, until all the weekly record sheets in that book have been completed, make any entry in any other record book.
7
An employee-driver shall not make any entry in a driver’s record book pursuant to regulation 7 if the book was not supplied to him by his employer unless a driver’s record book so supplied was not available to him.
8
No person shall erase or obliterate any entry once made in a driver’s record book, and if a correction is required it shall be made by striking the original entry through in such a way that it may still be read and by writing the appropriate correction near to the entry so struck through, and any person making such a correction shall initial it.
Production of driver’s record books by employee-drivers
9
1
Where an employee-driver has or has had during any period more than one employer in relation to whom he is an employee-driver each employer, who is not the employer who is required by these Regulations to issue a driver’s record book to that employee-driver, shall require that driver to produce his current driver’s record book and shall enter on the front sheet the information contained in item 5.
2
An employee-driver shall produce his current driver’s record book for inspection by the employer who issued it to him, or by any other person in relation to whom he is at any time during the period of the currency of that book an employee-driver, whenever required to do so by that employer or that other person.
Driver’s record books to be carried by drivers
10
A driver shall have his current driver’s record book (including all unused record sheets) in his possession at all times when he is on duty.
Preservation of driver’s record books
11
1
An owner-driver shall preserve his driver’s record book intact when it has been completed or he has ceased to use it, and the employer of an employee-driver to whom any driver’s record book relating to that employee-driver has been returned shall preserve that book intact, for the period specified in paragraph (3) below.
2
An employer of an employee-driver or an owner-driver who has detached duplicates of weekly sheets pursuant to regulation 8(2)(b) or as the case may be regulation 8(4) shall preserve those sheets for the period specified in paragraph (3) below.
3
The period for which driver’s record books and duplicates of weekly record sheets must be preserved as required by this regulation shall be one year reckoned, in the case of an owner-driver, from the day on which that book was completed or ceased to be used by him, or in the case of an employee-driver, from the day on which that book was returned to his employer pursuant to regulation 8(3).
Exemptions
12
1
Where a driver does not during any working day drive any goods vehicle other than a vehicle the use of which is exempted from any requirement to have an operator’s licence or, in the case of a vehicle in the public service of the Crown, would be so exempted by virtue of section 60(2) of the Act, were it not such a vehicle, that driver and, if he is an employee-driver, his employer, shall be exempted for that period from the specified requirements.
2
a
Where in any working day a driver does not drive a goods vehicle for more than four hours and does not drive any such vehicle outside a radius of 50 kilometres from the operating centre of the vehicle, then he and, if he is an employee-driver, his employer shall be exempted for that period from the specified requirements.
b
For the purposes of computing the period of four hours mentioned in sub-paragraph (a) above no account shall be taken of any time spent in driving a vehicle elsewhere than on a road if the vehicle is being so driven in the course of operations of agriculture, forestry or quarrying or in the course of carrying out work in the construction, reconstruction, alteration or extension or maintenance of, or of a part of, a building, or of any other fixed works of construction of civil engineering (including works for the construction, improvement or maintenance of a road) and, for the purposes of this sub-paragraph, where the vehicle is being driven on, or on a part of, a road in the course of carrying out of any work for the improvement or maintenance of, or of that part of, that road, it shall be treated as being driven elsewhere than on a road.
3
Where during any working day a driver does not spend all or the greater part of the time when he is driving vehicles to which Part VI of the Act applies in driving goods vehicles, then he and, if he is an employee-driver, his employer shall be exempted for that working day from the specified requirements.
4
Where a vehicle is used in such circumstances that by virtue of regulation 5 of the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 Council Regulation ( EEC ) No. 3821/85 of 20th December 1985 on recording equipment in road transport applies to the vehicle, the driver of the vehicle and, if he is an employee-driver, his employer shall be exempted from the specified requirements in relation to the use of the vehicle in those circumstances.
5
a
In this regulation “the specified requirements” means the provisions of regulations 7 and 10.
b
In paragraph (2)(a) above “operating centre” has the same meaning as in section 92 of the Act .
Drivers of goods vehicles and passenger vehicles
13
1
Subject to the provisions of regulation 12(3), regulations 7 and 10 apply to a driver who in any working week drives goods and passenger vehicles as they apply to a driver who only drives a goods vehicle and the information to be entered in the driver’s record book pursuant to regulation 7 shall be information in relation to his employments in connection with both goods and passenger vehicles.
2
If a driver of both goods vehicles and passenger vehicles has a different employer in relation to his employment in connection with goods vehicles from his employer in relation to his employment in connection with passenger vehicles his employer for the purpose of regulation 6 shall be his employer in relation to his employment in connection with goods vehicles notwithstanding the provisions of regulation 6(2).
Signed by authority of the Secretary of State.
Peter Bottomley
Parliamentary Under Secretary of State
Department of Transport
5th August 1987


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Herring and White Fish (Specified Manx Waters) Licensing (Variation) Order 1987, and shall come into force on 8th September 1987.
Variation of the Herring and White Fish (Specified Manx Waters) Licensing Order 1983
2
The Herring and White Fish (Specified Manx Waters) Licensing Order 1983 is hereby varied —
a
in article 3 thereof (prohibition of fishing without licence and exception thereto) by substituting for the words “Isle of Man Board of Agriculture and Fisheries” the words “Department of Agriculture, Fisheries and Forestry, the Isle of Man”;
b
by substituting for article 4 thereof (retention on board of fish) the following article —
4
Notwithstanding the provisions of section 4(9A)(b) of the Sea Fish (Conservation) Act 1967 (return to the sea of fish the fishing for which is prohibited), there may be retained on board any fishing boat to which this Order applies a quantity of sea fish consisting of one or more of the specified white fish of the following species, namely cod ( Gadus morhua ), plaice ( Pleuronectes platessa ) and whiting ( Merlangius merlangus ), the fishing for which is for the time being prohibited by or under this Order, which —
a
has been taken on board that fishing boat in the area of sea described in Schedule 2 to this Order in the course of fishing in that area for other specified white fish or any other description of sea fish the fishing for which is not for the time being prohibited by or under this Order or any other enactment; and
b
does not exceed 10 per cent. by weight of the total catch of sea fish on board that fishing boat.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th September 1987.
John Selwyn Gummer
Minister of State, Ministry of Agriculture, Fisheries and Food
Ian Lang
Minister of State, Scottish Office
1987
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
1987
Brian S. Mawhinney
Parliamentary Under Secretary of State, Northern Ireland Office
1987


text:
Title, extent and commencement
1
This Scheme, which may be cited as the Fish Farming (Financial Assistance) Scheme 1987, shall apply to Great Britain, and shall come into force on 4th July 1987.
Interpretation
2
In this Scheme, unless the context otherwise requires —
“applicant”, in relation to the approval of expenditure for the purposes of a grant, means the person who is making or has made the application for that approval;
“the appropriate Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food,
in relation to Scotland, the Secretary of State for Scotland,
in relation to Wales, the Secretary of State for Wales;
“approved” means approved for the purposes of a grant under this Scheme by the appropriate Minister in writing, and “approve” and “approval” shall be construed accordingly;
“the Commission” means the Commission of the European Communities;
“Community aid” means financial aid from European Economic Community funds;
“the Council” means the Council of the European Communities;
“the Council Regulation” means the Council Regulation ( EEC ) No 4028/86 on Community measures to improve and adapt structures in the fisheries and aquaculture sector .
Grants for fish farming projects
3
1
The appropriate Minister may make to any person a grant towards expenditure incurred, or to be incurred, in connection with a project for fish farming, if such grant appears to him —
a
to be desirable for the purpose of the reorganisation, development or promotion of fish farming in England, Scotland or Wales, as the case may be, and
b
to be requisite for the purpose of enabling the person to benefit from Community aid for a fish farming project covered by Title IV of the Council Regulation.
2
The appropriate Minister shall not make such a grant unless —
a
he has approved the expenditure, and
b
a decision that the project shall receive Community aid has been taken, and notified to the Unitied Kingdom, under article 35 of the Council Regulation.
3
The appropriate Minister may approve the expenditure in whole or in part for the purposes of a grant under this Scheme and any such approval may be given subject to such conditions as the appropriate Minister thinks fit.
4
Any approval of expenditure for the purposes of a grant under this Scheme may be varied or withdrawn by the appropriate Minister with the applicant’s written consent.
5
Any payment by way of a grant under this Scheme may be made at such time, or by such instalments at such intervals or times, as the appropriate Minister may determine.
6
Any application for approval of expenditure for the purposes of a grant under this Scheme shall be made in such form and manner and at such time as the appropriate Minister may from time to time determine; and the applicant shall furnish all such information relating to the application as the appropriate Minister shall require.
Amount of grant
4
1
The amount of grant which may be paid under this Scheme shall not exceed 10 per cent of such expenditure incurred, or to be incurred, for the purposes of the project as is approved by the Commission in deciding the amount of Community aid under the Council Regulation which the project shall receive.
2
Where the expenditure referred to in sub-paragraph (1) of this paragraph has been approved for the purposes of any grant out of United Kingdom public funds other than a grant under this Scheme, and that other grant is insufficient to enable the project to receive the amount of Community aid decided by the Commission, the amount of grant which may be paid under this Scheme shall not exceed such amount as is sufficient, when added to that other grant, to enable the project to receive that amount of Community aid.
3
A grant is a grant out of United Kingdom public funds for the purposes of sub-paragraph (2) of this paragraph if, and only if, it constitutes a financial contribution of the United Kingdom to the total investment for the purposes of article 12(1) and annex III of the Council Regulation.
Revocation of approval and recovery of grant
5
If after the appropriate Minister has approved any expenditure for the purposes of a grant under this Scheme it appears to that Minister —
a
that any condition subject to which the approval was given has not been complied with, or
b
that any work in respect of expenditure for which the approval was given has been badly done, or has been or is being unreasonably delayed, or is unlikely to be completed, or
c
that the person by whom the application for that approval or for the making of any payment was made gave information on any matter relevant to the giving of the approval or the making of the payment which was false or misleading in a material respect, or
d
that the Commission has decided under article 44(1) of the Council Regulation to suspend, reduce or discontinue Community aid and to recover any sums paid,
the appropriate Minister may revoke the approval in respect of the whole or part of the expenditure and, where any payment has been made by way of grant, may, unless a period exceeding six years has elapsed since the payment, on demand recover an amount equal to the payment which has been so made or such part thereof as the appropriate Minister may specify; but before revoking an approval in whole or in part under subparagraph (a), (b) or (c) of this paragraph the appropriate Minister —
i
shall give to the person to whom any payment by way of grant would be payable, or from whom any such amount would be recoverable, a written notification of the reasons for the action proposed to be taken by the appropriate Minister,
ii
shall afford that person an opportunity of appearing before and being heard by a person appointed for the purpose by the appropriate Minister, and
iii
shall consider the report by a person so appointed and supply a copy of the report to the person mentioned in subparagraph (i) above.
Amendment of the Fish Farming (Financial Assistance) Scheme 1984
6
The Fish Farming (Financial Assistance) Scheme 1984 is hereby amended by substituting for the definition of “the new Council Regulation” in paragraph 2 thereof (interpretation) the following definition —
“the new Council Regulation” means Council Regulation (EEC) No 2908/83 on a common measure for restructuring, modernising and developing the fishing industry and for developing aquaculture , as amended by Council Regulation (EEC) No 3733/85 .
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th June 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
24th June 1987
Peter Walker
Secretary of State for Wales
18th June 1987
We approve,
Tony Durant
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
1st July 1987


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Judicial Pensions (Widows' and Children’s Benefits) Regulations 1987 and shall come into operation on 1st April 1987.
Interpretation and scope of Regulations
2
1
In these Regulations–
“ the Act ” means the Judicial Pensions Act 1981;
“the Act of 1973 ” means the Administration of Justice Act 1973 ;
“contribution” means a contribution towards the cost of a widow’s or children’s pension;
“lump sum” means the lump sum payable, under section 17(1), (2) or (3) of the Act, on the retirement or death of an office-holder;
“office-holder” means a person serving in an office in respect of which a widow’s or children’s pension may be granted under or by virtue of Part II of the Act;
“periodical payment” means a contribution in the form of a deduction from an office-holder’s salary;
“personal pension” means the pension for which an office-holder becomes eligible on retirement (or, if he dies in office, would have become eligible had he retired on the ground of infirmity at the time of his death);
“relevant service” has, in relation to the holder of an office referred to in section 16 of the Act, the same meaning as in that section;
“responsible authority” means, in relation to an office-holder, the person or body responsible for paying his salary;
references to a widow’s pension include references to a children’s pension;
“15-year office” and “20-year office” mean an office service in which for 15 or 20 years, as the case may be, is a condition of eligibility for an annual personal pension at the rate of one half of the last annual salary payable in respect of that office;
references to service in a 15-year or a 20-year office include references to successive periods of service in two or more such offices, being periods which are aggregable for the purposes of eligibility for pension;
“standard rate”, in relation to periodical payments, has the meaning given by regulation 8(2).
2
References in these Regulations to eligibility for a pension are, in relation to service in an office which carries entitlement to a pension, references to such entitlement, and references to the grant of a pension shall be construed accordingly.
3
Section 28 of the Act (effect of certain nullity decrees) applies for the purposes of these Regulations.
4
These Regulations apply in relation to the office of Lord Chancellor subject to Schedule 1.
5
These Regulations do not apply in respect of an office-holder whose relevant service was wholly before 1st April 1987.
Application of Parts II and III
3
1
Subject to paragraph (2) below, contributions towards the cost of the liability for any pension or pensions under sections 16 to 20 of the Act in respect of a man’s relevant service shall be made in accordance with Parts II and III of these Regulations.
2
Parts II and III of these Regulations do not apply in relation to an office-holder in respect of whom there is in force an election under–
a
section 11(1) or (2) of the Administration of Justice (Pensions) Act 1950 (election by person serving on 15th December 1950 against benefits for widows and children): or
b
section 10(4)(b) of the Act of 1973 (election by person serving on 18th April 1973 against up-rating of widow’s pension), in which case the contribution will, where paragraph 23 of Schedule 2 of the Act applies, be the amount prescribed by that enactment.
PART II
CONTRIBUTION MADE ENTIRELY OUT OF LUMP SUM
Application of Part II
4
1
This Part shall have effect for determining the amount of the contribution (if any) to be made, by way of reduction in his lump sum, in the case of an office-holder who has made no periodical payments.
2
No contribution by way of reduction in his lump sum shall be made in the case of a man who at no time during his relevant service had a wife.
Relevant service wholly after 17th April 1973
5
1
If the whole of the office-holder’s relevant service is or, by virtue of an election made under section 10(4)(a) of the Act of 1973, is treated as, service after 17th April 1973, the amount of the contribution shall be three quarters of the lump sum.
2
If the office-holder last had a wife at a time before the end of his relevant service, the amount of the contribution shall (instead of that in paragraph (1)) be three quarters of the lump sum–
a
multiplied by the number of months of his relevant service before the time at which he last had a wife, and
b
divided by the total number of months of his relevant service.
Relevant service partly before 18th April 1973
6
1
If the office-holder’s relevant service is not, or is not treated as, wholly after 17th April 1973, the amount of the contribution shall be determined by applying the formula–
C = L × 2P plus 3Q 4S
where–
C represents the amount of the contribution;
L represents the office-holder’s lump sum;
P represents the number of months of relevant service before 18th April 1973;
Q represents the number of months of relevant service after 17th April 1973;
S represents the total number of months of relevant service.
2
If the office-holder last had a wife at a time before the end of his relevant service, the amount of the contribution shall (instead of that in paragraph (1)) be that arrived at under paragraph (1) multiplied by the following fraction–
A plus one and a half times B P plus one and a half times Q
where–
“A” is the number of months relevant service before the time he last had a wife and before 18th April 1973;
“B” is the number of months (if any) of relevant service before that time and after 17th April 1973;
“P” and “Q” are the same as in paragraph (1) above.
Supplemental
7
1
For the purpose of determining the amount of any contribution payable under this Part, there shall be disregarded any amount by which (in consequence of the operation of section 17(2) of the Act) that sum may exceed twice the annual amount of the personal pension.
2
If, under paragraph 16(3) of Schedule 2 to the Act (widow’s or children’s pension not wholly attributable to service after 17th April 1973), all or part of an office-holder’s service before 18th April 1973 is to be left out of account, that service, or that part of it, shall also be left out of account for the purposes of this Part.
PART III
PERIODICAL PAYMENTS
Election to make periodical payments
8
1
Subject to the following provisions of this regulation, an office-holder may elect to make periodical payments.
2
Without prejudice to regulation 9 or 11(6), periodical payments may only be made at the standard rate, that is to say–
a
in the case of a 15-year office, 4 per cent.; and
b
in the case of a 20-year office, 3 per cent.
of the office-holder’s salary for the time being.
3
An office-holder who elects to make periodical payments must do so by notice in writing to the responsible authority not later than six months after his first appointment to his office–
Provided that an office-holder who marries (or re-marries) while in office and who is not then making periodical payments may elect to do so by giving notice in writing to the responsible authority not later than six months after his marriage or remarriage, as the case may be.
4
An election made under this regulation shall be irrevocable, save that an office-holder who ceases to be married after having made such an election may revoke his election by notice in writing to the responsible authority not later than six months after his so ceasing.
5
Nothing in this regulation shall be construed as preventing an office-holder who is not married from electing to make periodical payments.
6
For the purposes of paragraph (3) above the appointment of an office-holder to another office (for example, the appointment to the circuit bench of a stipendiary magistrate or to the Court of Appeal of a puisne judge of the High Court) shall be treated as a first appointment.
Additional payments for back service
9
1
In this regulation–
“back service” means–
a
service before 1st February 1974 (the date of the coming into force of the provisions reproduced in this Part); and
b
in the case of an office-holder who has married on or after that date, service on or after that date for any period during which he has made no periodical payments;
“previous service” means back service before 18th April 1973.
2
An office-holder who has back service and who elects to make periodical payments at the standard rate may also elect to make, in respect of that back service, additional payments at such one of the following rates as he may specify–
a
if he is serving in a 15-year office, 4 per cent., 8 per cent. or 11 per cent. of his salary for the time being (that is to say, at the standard rate, or at twice, or at two and three quarters times that rate);
b
if he is serving in a 20-year office, 3 per cent., 6 per cent., 9 per cent. or 12 per cent. of his salary for the time being (that is to say at the standard rate, or at twice, three times or four times that rate).
3
An election under this regulation must have been made, or be made–
a
not later than 30th June 1974; or
b
in the case of an office-holder marrying (or remarrying) after 31st January 1974 and while still serving, not later than six months after his marriage or remarriage.
4
An office-holder who has made an election under this regulation may at any time, by notice in writing to the responsible authority, either–
a
revoke his election; or
b
vary its effect by specifying a different rate of additional payments, being one of the rates mentioned in (a) or (b), as the case may be, of paragraph (2) above.
5
An election made under this regulation shall, if it has not been previously revoked, cease to have effect when the offfice-holder has made additional payments for a period equal in length to his back service and for this purpose, subject to paragraph (6) below, for any period during which he has made additional payments at a rate higher than the standard rate, he shall be treated as having made such payments for a correspondingly longer period (so that, for example, if he has made additional payments at twice the standard rate for one year he shall be treated as having made additional payments for two years).
6
If an office-holder’s back service includes previous service (that is service before 18th April 1973), then, for any period for which he has made additional payments at the standard rate (or in accordance with paragraph (2)(a) or (b) above, at a multiple of that rate), he shall be treated for the purpose of paragraph (5) above–
a
as having made those payments for one and a half (or one and a half times the said multiple) times such part of that period as, so multiplied, does not exceed in length his previous service; and
b
in respect of the remainder (if any) of that period, as having made the payments for the remainder (or for the said multiple of the remainder), according as the payments were made at the standard rate, or at a multiple of that rate.
For example, an office-holder with 12 months service before 18th April 1973 who has made additional payments at the standard rate for 24 months will be treated under paragraph (5) above and this paragraph as having made additional payments for 8 of the 24 months at one and a half times the standard rate, and for 16 months at the standard rate.
Method of payment
10
1
An election under regulation 8 or 9 shall, so long as it is in force, constitute an instruction to the responsible authority to deduct the appropriate amounts from the office-holder’s salary.
2
Deductions under this regulation–
a
shall be made from each instalment of the office-holder’s salary as it becomes due; and
b
may, if the office-holder so requests, also be made at the appropriate rate in respect of the office-holder’s earlier salary specified in paragraph (3) below, and for this purpose the responsible authority may require the office-holder to repay such sum, if any, as may be necessary to make up the total deduction.
3
The earlier salary mentioned above is the salary paid to the office-holder before the date of the relevant election–
a
during the income tax year of assessment in which the relevant election was made, or
b
during that year and during so much of the preceding year of assessment as elapsed after the relevant appointment, marriage or remarriage.
4
No instruction under paragraph (1) above shall be taken to require the responsible authority to deduct, in any income tax year of assessment, more than 15 per cent. of the salary paid to the office-holder during that year.
Effect of making periodical payments
11
1
In this regulation–
“appropriate fraction” means 1/240 in the case of the holder of a 15-year office and 1/320 in the case of the holder of a 20-year offfice;
“full period” means 15 years in the case of the holder of a 15-year office and 20 years in the case of the holder of a 20-year office;
“gross reduction” means the amount by which an office-holder’s lump sum would, under Part II, be reduced if he had made no periodical payments;
“previous service” has the same meaning as in regulation 9.
2
Subject to paragraph (6) below, an office-holder who makes periodical payments at the standard rate for the full period shall not be liable to make any further contribution notwithstanding that he continues in service for a further period.
3
For the purposes of paragraph (2) above, an office-holder shall be treated, for every period of service during which he has made additional payments in accordance with regulation 9(2), as having made payments at the standard rate for an additional period equal to the period during which he has made (or is to be treated under regulation 9(5) or (6) as having made) such additional payments.
4
If an office-holder retires or dies after having made periodical payments at the standard rate for less than the full period, the deficiency in his contributions shall be made up by a reduction in his lump sum, the amount of such reduction depending on the rate of personal pension he has earned and the length of the period during which he has made periodical payments and being calculated in accordance with paragraph (5) below.
5
The amount of the reduction referred to in paragraph (4) above shall be arrived at by deducting from the gross reduction, for every month in respect of which the office-holder has made (or is to be treated, by virtue of regulation 9(5) and without regard to regulation 9(6), as having made) periodical payments at the standard rate, the appropriate fraction of his last annual salary.
6
An office-holder with previous service who–
a
has elected to make periodical payments and in whose case no election is in force under section 10(4)(a) of the Act of 1973; and
b
is by virtue of the combined effect of regulation 9(6) and paragraph (3) above, entitled to be treated as having made periodical payments at the standard rate for the full period; and
c
continues in service after having become so entitled,
shall, notwithstanding anything in paragraph (2) above, and without prejudice to any right under regulation 8(4) to revoke his election to make periodical payments, remain while so serving liable to continue to make periodical payments at a rate equivalent to one third of the standard rate until he has completed 15, or as the case may be 20, years' service after 17th April 1973.
Non-aggregable service
12
1
In this regulation–
a
“primary office” means the office in respect of which eligibility for the personal pension arises;
b
“secondary office” means an office other than the primary office;
c
references to an election made by an office-holder include references to any election that may, if he has died, be made by another person in respect of him.
2
This regulation applies to an office-holder whose successive periods of service in different offices are not aggregable (so as to be treated as service wholly in the latest office) for the purposes of eligibility for pension and who, under any relevant enactment, is entitled to elect between a pension based on service in a later office and one based on service in an earlier office.
3
In determining the amount of any contribution to be made out of such office-holder’s lump sum, no account shall be taken of any periodical payments made by him during service in a secondary office if that service is to be disregarded for the purpose of determining the personal pension for which he elects and any such payments shall, in accordance with regulation 13, be refunded.
4
If account is to be taken of service in a secondary office for the purpose of determining the personal pension for which the office-holder elects, then, for the purpose of regulation 11 above–
a
if the primary and secondary offices were both 15-year offices or both 20-year offices, any period of service in the secondary office during which he made periodical payments shall be treated as if it had been a period of service in the primary office;
b
if the primary office was a 20-year office and the secondary office a 15-year office, any such period shall be treated as if it had been a corresponding period of service in the primary office multiplied by a factor of 4/3; and
c
if the primary office was a 15-year office and the secondary office a 20-year office, any such period shall be treated as if it had been a corresponding period of service in the primary office multiplied by a factor of 3/4.
Refunds of periodical payments
13
1
Periodical payments made by an office-holder shall (subject to paragraph (2) below) be refunded, with compound interest added at a rate of 4 per cent. a year, by the responsible authority to him (or, if he has died, to his personal representatives)–
a
if his service proves to have been insufficient to earn any widow’s pension;
b
if and insofar as the payments exceed those required to avoid any deficiency in his contribution being made up by a reduction in his lump sum; or
c
in the circumstances mentioned in regulation 12(3).
2
The responsible authority shall, in making any refund in pursuance of this regulation, deduct the appropriate amount in respect of tax charged under paragraph 2 of Part II of Schedule 5 to the Finance Act 1970 .
Time limit for elections
14
The responsible authority may, if satisfied in any particular case that it would be reasonable so to do, extend the time for giving any notice under these Regulations or for making any election under section 10(4) of the Act of 1973.
PART IV
TRANSITIONAL AND REVOCATIONS
15
1
Parts II and III have effect subject to Schedule 2.
2
The instruments specified in Schedule 3 are revoked, but without prejudice to their continued application in relation to an office-holder whose relevant service was wholly before 1st April 1987.
Hailsham of St. Marylebone, C.
Dated 18th February 1987
We concur,
Malcolm Rifkind
One of Her Majesty’s Principal Secretaries of State
Dated 27th February 1987
Michael Neubert
Peter Lloyd
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 9th March 1987


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (No .3) Order 1987 and shall come into force on 22nd October 1987.
2
In this 0rder —
a
“designated area” means one of the areas described in the Schedule to this Order;
b
“sheep” means an animal of the genus Ovis of whatever age or sex.
Designated incident
2
In the opinion of the Secretary of State food in the areas described in the Schedule to this Order, or which is derived from anything in those areas, is or may be unsuitable for human consumption in consequence of the following escape of substances: —
the escape on or after 26th April 1986 of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.
Designated areas
3
The areas described the Schedule to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activities prohibited in the designated areas
4
1
No person shall in any of the designated areas slaughter any sheep for human consumption or for use in the preparation of feeding stuffs.
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved on or after 7th September 1987 from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection, Act 1985 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; or
b
any sheep which —
i
was moved on or after 7th September 1987 from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark, or
ii
was moved on or after 28th September 1987 from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark, and which in either case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
Restrictions on movement
5
1
No person shall move any sheep from any farm, agricultural holding, agricultural premises, or holding in any of the designated areas.
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved on or after 7th September 1987 from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
b
any sheep which was moved on or after 7th September 1987 from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
c
any sheep which was moved on or after 28th September 1987 from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark.
Restrictions throughout the United Kingdom
6
1
No person shall in the United Kingdom —
a
slaughter for human consumption or for use in the preparation of feeding stuffs any sheep which was in a designated area at any time after 8th July 1987; or
b
supply, or have in possession for supply, any meat derived from a sheep or any food which contains any such meat, if that sheep was in a designated area at any time after 8th July 1987.
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved on or after 7th September 1987 from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; or
b
any sheep which
i
was moved on or after 7th September 1987 from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark, or
ii
was moved on or after 28th September 1987 from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark,
and which in either case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
Revocation
7
The Food Protection (Emergency Prohibitions) Order 1987 , the Food Protection (Emergency Prohibitions) Amendment Order 1987 and the Food Protection (Emergency Prohibitions) Amendment No.2 0rder 1987 are hereby revoked.
W. A. P. Weatherston
Under Secretary, Scottish Office
New St Andrew’s House,
Edinburgh
21st October 1987


text:
1
These Regulations may be cited as the Companies (Forms) (Amendment) Regulations 1987 and shall come into force on 30th April 1987.
2
In these Regulations “the 1985 Regulations ” means the Companies (Forms) Regulations 1985 .
3
Regulation 9 of the 1985 Regulations is revoked.
4
1
For the purposes of sections 429(4) and 430(A)(3) of the Companies Act 1985 , a notice to a holder of shares in the company shall be given to him, in the form prescribed by regulation 5(2), either personally or by sending it to him by post.
2
Where such a notice cannot be given personally or by post because the holder of the shares is the holder of a share warrant to bearer, the notice shall be given: —
a
in a case where the articles of association or the regulations of the company provide that notice to such holders of shares may be given by advertisement, by advertisement in the manner so provided, and
b
in any other case, by advertisement in the Gazette.
3
Where in accordance with paragraph (1) a notice is sent to a holder of shares by post it shall be sent to him: —
a
at his address in the United Kingdom registered in the books of the company;
b
if no such address is registered, to the address (if any) in the United Kingdom given by him to the company for the giving of notices to him; or
c
if no address in the United Kingdom is registered or has been so notified, to his address outside the United Kingdom registered in the books of the company.
4
Where in accordance with paragraph (1) a notice is sent to a holder of shares by post: —
a
if it is sent to an address in the United Kingdom, it shall be sent by recorded delivery; and
b
if it is sent to an address outside the United Kingdom it shall be sent by airmail, if that form of post is available.
5
1
The forms 169, 225(1) and 225(2) set out in Part I of Schedule 2 to these Regulations with such variations as circumstances require, are the forms prescribed for the purposes of section 169, 225(1) and 225(2) of the Companies Act 1985.
2
The forms 429(4), 429 dec and 430A set out in Part II of Schedule 2 to these Regulations, with such variations as circumstances require, are the forms prescribed for the purposes of sections 429(4) and 430A(3) respectively of the Companies Act 1985.
3
The forms 600 and 600a set out in Part III of Schedule 2 to these Regulations, with such variations as circumstances require, are the forms prescribed for the purposes of section 109 of the Insolvency Act 1986 .
4
The forms 169, 225(1), 225(2), 428, 429(2), 429(3), 600 and 600a, set out in Schedule 3 to the 1985 Regulations, are revoked, except to the extent specified in regulation 7 below.
6
1
The forms set out in Schedule 3 to the 1985 Regulations which are listed in Schedule 3 to these Regulations are amended by deleting the words “[Director] [Secretary]” in the description of the signatory of the form and substituting the words “Designation‡” and inserting in the left hand margin of the form the words “‡Insert Director, Secretary, Administrator, Administrative Receiver or Receiver (Scotland) as appropriate”.
2
The form 400 set out in Schedule 3 to the 1985 Regulations is amended by deleting the words “[Director] [Secretary]” in the description of the signatory of the form and substituting the words “Designation‡” and inserting in the left hand margin the words “‡Insert Director, Secretary, Administrator or Administrative Receiver as appropriate”.
3
The forms of statutory declaration 403a and 403b set out in Schedule 3 to the 1985 Regulations are amended by deleting the words “a director/the secretary” or “[a director] [the secretary]” as the case may be, in the description of the person making the declaration, and substituting the words “[a director] [the secretary] [the administrator] [the administrative receiver]”.
4
The forms of statutory declaration 419a (Scot) and 419b (Scot) set out in Schedule 3 to the 1985 Regulations are amended by adding after the words “[a director] [the secretary] [the liquidator] [the receiver]” in the description of the person making the declaration the words “[the administrator]”.
7
1
Notwithstanding the provisions of regulation 5(4), the forms 225(1) and 225(2) revoked by that paragraph of that regulation may continue to be used in relation to companies which are not subject to an administration order or in respect of which no receiver or administrative receiver has been appointed.
2
Notwithstanding the provisions of regulation 5(4) above, the forms 428, 429(2) and 429(3) revoked by that paragraph of that regulation shall continue to be used in relation to an offer in respect of the scheme or contract mentioned in section 428(1) of the Companies Act 1985 made before 30th April 1987.
3
Notwithstanding the provisions of regulation 6, the forms amended by that regulation may continue to be used in their unamended form if they are signed, or in the case of a statutory declaration made, by a person holding the office stated in the description of the signatory, or person making the declaration, given on those forms.
Sarah E Brown
An Under Secretary,
Department of Trade and Industry
6th April 1987


text:
1
This Order may be cited as the London Pilotage (Amendment) Order 1987, and shall come into force on 31st July 1987.
2
Article 5 of the London Pilotage Order set out in the Schedule to the Pilotage Order (London) Confirmation Act 1913 shall be deleted.
Signed by authority of the Secretary of State
David B. Mitchell
Minister of State,
Department of Transport
1st July 1987


text:
1
These Regulations may be cited as the Occupational Pension Schemes (Maximum Rate Lump Sum) Regulations 1987 and shall come into force on 28th August 1987.
2
These Regulations determine the amount of a maximum rate lump sum for the purposes of paragraphs 20 and 21 of Schedule 3 to the Finance (No.2) Act 1987.
3
The amount of a maximum rate lump sum shall be the appropriate fraction of the employee’s relevant annual remuneration ascertained from the Table in the Schedule to these Regulations by reference to the period of the employee’s service with the employer.
A. B. Fallows
T. J. Painter
Two of the Commissioners of Inland Revenue
26th August 1987


text:
1
This Order may be cited as the A406 Trunk Road (Hanger Lane, Ealing) (Prohibition of Left Turn) Order 1987 and shall come into force on 1st April 1987.
2
In this Order “Hanger Lane” means that length of the London North Circular Trunk Road (A406), in the London Borough of Ealing, known as Hanger Lane.
3
Save as provided in article 4 of this Order, no person shall cause or permit any vehicle proceeding in–
a
Hanger Lane, or
b
Abbey Parade
to make a left turn into Twyford Abbey Road during the period between 0700 hours and 0930 hours on Monday to Friday inclusive in any week.
4
Nothing in this Order shall apply to any vehicle being used on any day which is a bank holiday under the Banking and Financial Dealings Act 1971 or for fire brigade, police or ambulance purposes, or to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State.
John Dawson
An Assistant Chief Engineer in the
Department of Transport
26th March 1987


text:
1
These Regulations may be cited as the Pupils' Registration (Amendment) Regulations 1987 and shall come into force on 1st September 1987.
2
For paragraph ( a )(x) of regulation 4 of the Pupils' Registration Regulations 1956 , there shall be substituted the following —
x
where the pupil is registered at a school maintained by an Authority, that he has been permanently excluded from the school:
Provided that, where any provision made by virtue of section 24(a) or 25(a) of the Education ( No. 2) Act 1986 applies in relation to the exclusion of such a pupil, the pupil shall, for the purpose of this sub-paragraph, be regarded as having been permanently excluded from the school if and only if the Authority or, as the case may be, governing body, have decided, pursuant to that provision, that the pupil should not be reinstated; and
Provided always that, in the event of a pupil who has been permanently excluded from such a school ceasing to be so excluded, the name of the pupil shall forthwith be restored to the Admission Register:
.
Kenneth Baker
Secretary of State for Education and Science
17th July 1987
Peter Walker
Secretary of State for Wales
17th July 1987


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 70) Order 1987 and shall come into force on 27th November 1987.
2
A safety zone is hereby established around the installation specified in Column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in Columns 2 and 3 of the Schedule.
Peter Morrison
Minister of State,
Department of Energy
25th November 1987


text:
1
These Regulations may be cited as the Local Government (Direct Labour Organisations) (Competition) (Amendment) Regulations 1987 and shall come into force on 1st April 1987.
2
The Local Government (Direct Labour Organisations) (Competition) Regulations 1983 are hereby amended as follows —
a
in regulation 2(1), in the definitions of “contractual highway work” and “relevant highway work”, there shall in each case be substituted for head (i) —
i
general highway works, does not exceed £25,000, or
b
in regulation 3(a) for “£50,000” there shall be substituted “£25,000”;
c
for regulation 6 there shall be substituted the following regulation —
6
1
Regulation 5 applies —
a
to any works contract of a value which does not exceed £25,000 providing or providing principally for the carrying out of general highway works (other than a contract described in Regulation 7(1)) if the value of the contract together with the value of all relevant highway work previously undertaken by the authority otherwise than in accordance with section 7 or the conditions mentioned in section 9(3)(a) of the Act in the same financial year exceeds the relevant limit;
b
to any works contract of a value which does not exceed £50,000 providing or providing principally for the carrying out of works of new construction (other than a contract described in Regulation 7(1)) if the value of the contract together with the value of all relevant construction work previously undertaken as mentioned in sub-paragraph (a) exceeds the relevant limit;
c
to any works contract of a value which does not exceed £10,000 providing or providing principally for the carrying out of works of maintenance (other than a contract described in regulation 7(1)) if the value of the contract together with the value of all relevant maintenance work previously undertaken as mentioned in sub-paragraph (a) exceeds the relevant limit.
2
In this regulation the relevant limit, in relation to a works contract which provides, or provides principally, for —
a
the carrying out of general highway works, is 70% of the aggregate value of all relevant highway work undertaken and all contractual highway work carried out by the authority in the immediately preceding financial year; or
b
the carrying out of works of new construction, is 40% of the aggregate of all relevant construction work undertaken and all contractual construction work carried out by the authority in the immediately preceding financial year; or
c
the carrying out of works of maintenance, is 40% of the aggregate value of all relevant maintenance work undertaken and all contractual maintenance work carried out by the authority in the immediately preceding financial year or £300,000, whichever is greater.
;
d
for regulation 8 there shall be substituted the following regulation —
8
1
Subject to regulation 9, a local authority or development body may not undertake functional work of the following descriptions unless they have first complied with the conditions mentioned in section 9(3)(a) of the Act as well as with those in section 9(2) —
a
a job consisting or consisting principally of general highway works where the estimated cost of the job exceeds £25,000;
b
a job consisting or consisting principally of the construction or maintenance of a sewer where the estimated cost of the job exceeds £50,000;
c
a job consisting or consisting principally of works of new construction where the estimated cost of the job exceeds £50,000;
d
a job consisting or consisting principally of works of maintenance where the estimated cost of the job exceeds £10,000;
e
a job consisting or consisting principally of general highway works where the estimated cost of the job does not exceed £25,000 if the estimated cost of the job together with the aggregate value of all relevant highway work previously undertaken by the authority or body otherwise than in accordance with section 7 or the conditions mentioned in section 9(3)(a) of the Act in the same financial year exceeds the relevant limit;
f
a job consisting or consisting principally of works of new construction where the estimated cost of the job does not exceed £50,000 if the estimated cost of the job together with the aggregate value of all relevant construction work previously undertaken as mentioned in subparagraph (e) exceeds the relevant limit;
g
a job consisting or consisting principally of works of maintenance where the estimated cost of the job does not exceed £10,000 if the estimated cost of the job together with the aggregate value of all relevant maintenance work previously undertaken as mentioned in sub-paragraph (e) exceeds the relevant limit.
2
In this regulation the relevant limit in relation to a job which consists, or consists principally, of —
a
general highway works, is 70% of the aggregate value of all relevant highway work undertaken and all contractual highway work carried out by that authority or body in the immediately preceding financial year;
b
works of new construction, is 40% of the aggregate value of all relevant construction work undertaken and all contractual construction work carried out by that authority or body in the immediately preceding financial year;
c
works of maintenance, is 40% of the aggregate value of all relevant maintenance work undertaken and all contractual maintenance work carried out by the authority or body in the immediately preceding financial year or £300,000, whichever is greater.
;
e
regulation 10 shall be deleted.
Nicholas Ridley
Secretary of State for the Environment
9th February 1987
Nicholas Edwards
Secretary of State for Wales
10th February 1987


text:
1
This Order may be cited as the Visiting Forces and International Headquarters (Application of Law) (Amendment) Order 1987 and shall come into force at the expiration of thirty days beginning with the day on which it is made.
2
There shall be inserted at the end of article 3(4) of the Visiting Forces and International Headquarters (Application of Law) Order 1965 (b) (which applies that Order to the headquarters and defence organisations mentioned therein) the following entries:“The Headquarters of the Commander Submarine Forces Eastern Atlantic Area ( COMSUBEASTLANT ).”;“The Headquarters of the Commander in Chief of UK Air Forces ( CINCUKAIR ).”.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Manchester Ship Canal Revision Order 1987 and shall come into force on 19th October 1987.
2
The Manchester Ship Canal Acts and Orders 1885 to 1984 and this Order may be cited together as the Manchester Ship Canal Acts and Orders 1885 to 1987.
Interpretation
2
In this Order —
“the Company” means the Manchester Ship Canal Company;
“the directors” means the directors of the Company;
“the dock” means so much of the dock of the Company in the city of Salford known as Dock No. 9 as lies to the east of an imaginary straight line drawn in a south-easterly direction across the dock from National Grid reference point SJ 380428 397295;
“the harbour” means the harbour and port of Manchester.
Abandonment of dock
3
1
Subject to the provisions of this article, the Company may, on such date as the directors may by resolution determine, abandon and discontinue the dock and the Company may —
a
use for the general purposes of the harbour the site of the dock and, if they think fit, fill it in in whole or in part; or
b
exercise with reference to the dock the powers exercisable by them with reference to surplus lands.
2
Within one month of the passing of a resolution of the directors under paragraph (1) of this article, the Company shall give notice of the effect of the resolution by advertisement in such local newspaper as they may deem expedient for causing the resolution to be made known to persons affected thereby.
3
If such a resolution is passed the Company shall have regard to the need to provide for the possible future resumption of cargo handling in exercising their rights over their lands adjacent to the unclosed portion of Dock No. 9 and to Salford Quay.
Costs of Order
4
The costs, charges and expenses of and incidental to the preparing and obtaining of this Order and otherwise in relation thereto shall be paid by the Company and may in whole or in part be defrayed out of revenue.
Paul Channon
Secretary of State for Transport
8th September 1987


text:
Citation and commencement
1
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Consequential Provisions) Regulations 1987.
2
Regulations 2, 4(1), (14) and (24)(b) and 7(1) and (2)(a) and this regulation shall come into force on 27th July 1987, regulations 4(2), (6), (10), (15), (25) and (26) and 7(2)(b) on 4th January 1988 and the remainder of these Regulations on 6th April 1988.
Amendment of the Occupational Pensions Board (Determinations and Review Procedure) Regulations 1973
2
1
The Occupational Pensions Board (Determinations and Review Procedure) Regulations 1973 shall be amended in accordance with the provisions of this regulation.
2
In regulation 1(2), at the end of the definition of “scheme”, there shall be added the words “or personal pension scheme”.
Amendments of the Occupational Pensions Board (Determinations and Review Procedure) Regulations 1976
3
1
The Occupational Pensions Board (Determinations and Review Procedure) Regulations 1976 shall be amended in accordance with the provisions of this regulation.
2
In regulation 1(2), after the definition of “employer”, there shall be inserted the following definition —
“money purchase contracted-out scheme” has the same meaning as in the Social Security Pensions Act 1975
.
3
In regulation 4(2) —
a
in each of sub-paragraphs (a) and (b), after “where” there shall be inserted “the scheme is not a money purchase contracted-out scheme, and”; and
b
after sub-paragraph (b) there shall be added “or” and the following sub-paragraph —
c
in a case where the scheme is a money purchase contracted-out scheme, and the Board consider that the scheme has ceased to satisfy the requirements for continuing to be a contracted-out scheme, in which case the date may be a date not earlier than the date on which, in the opinion of the Board, it ceased to satisfy those requirements.
.
Amendments of the Occupational Pension Schemes (Contracting-out) Regulations 1984
4
1
The Occupational Pension Schemes (Contracting-out) Regulations 1984 shall be amended in accordance with the provisions of this regulation.
2
In regulation 1 —
a
in paragraph (2), immediately before “other expressions have the same meaning as in the Act”, there shall be inserted “subject to paragraph (2A)”; and
b
after paragraph (2), there shall be inserted the following paragraph —
2A
In these regulations, the expression `state scheme premium' does not include a personal pension protected rights premium under section 5 of the Social Security Act 1986.
.
3
In regulation 8(2)(d), for “6th April 1978” there shall be substituted “6th April 1988 in a case where the scheme whose name is specified under sub-paragraph (b) is a money purchase contracted-out scheme, or 6th April 1978 in any other case”.
4
In regulation 10(1), for the words from “the categories” to “the relevant scheme” there shall be substituted —
i
the categories of descriptions of the earners affected by the certificate, or
ii
in the case of a money purchase contracted-out scheme, the protected rights under, or in the case of any other scheme, the benefits provided by, the relevant scheme, or
iii
the contributions (if any) payable by those earners to the relevant scheme
.
5
In regulation 11(1) —
a
in sub-paragraph (a), after “guaranteed minimum pensions” there shall be inserted “or protected rights, as the case may be,”; and
b
in sub-paragraph (b), after “guaranteed minimum pensions” there shall be inserted “, or the protected rights, as the case may be,”.
6
In regulation 18 —
a
in paragraph (1B), for “and 45” there shall be substituted “and, subject to paragraph (1C) below, 45”; and
b
after paragraph (1B) there shall be inserted the following paragraph —
1C
In a case where —
a
a transfer payment has been made to a scheme in accordance with regulations 2 and 3 of the Protected Rights (Transfer Payment) Regulations 1987; and
b
the scheme receiving that payment is to exclude one or more of the guaranteed minimum pensions resulting from the payment from full revaluation in accordance with paragraph 2 of Schedule 3 to those regulations,
for the purposes of section 45 (premium where guaranteed minimum pension excluded from full revaluation) the prescribed person is the trustees of the receiving scheme.
.
7
In regulation 18(3), after “state scheme premium”, there shall be inserted “, other than a contracted-out protected rights premium,”.
8
In regulation 18(4) —
a
after “(accrued rights premiums and pensioner’s rights premiums)” there shall be inserted “, section 44ZA (contracted-out protected rights premiums)”;
b
in sub-paragraph (a), after “section 44” there shall be inserted “or, in the case of a contracted-out protected rights premium, whether or not a person’s protected rights are subject to approved arrangements as mentioned in section 44ZA”; and
c
in sub-paragraph (c), after “section 44” there shall be inserted “or 44ZA, as the case may be,”.
9
In regulation 19(1)(c), there shall be inserted —
a
after “widow”, “or her widower”; and
b
after “widow's”, in both places where it occurs, “or widower's”.
10
In regulation 22(4), after “regulations made thereunder” there shall be inserted “or for members as regards their accrued rights to guaranteed minimum pensions which have arisen under the scheme by reason of a transfer payment made to it in accordance with regulations 2 and 3 of the Protected Rights (Transfer Payment) Regulations 1987”.
11
In regulation 24(1), after “where the premium”, there shall be inserted “was not a contracted-out protected rights premium and”.
12
After paragraph (2) of regulation 24 there shall be inserted the following paragraph —
2A
Where a contracted-out protected rights premium has been paid in connection with a person’s protected rights and another such premium subsequently becomes payable in connection with the same protected rights or protected rights including those rights, the Secretary of State may treat all or part of the first premium as paid (wholly or in part) in discharge of a liability for the second premium.
.
13
In regulation 24(3) —
a
after sub-paragraph (d) there shall be inserted the following sub-paragraph —
dd
in the case of a contracted-out protected rights premium, he is satisfied that a transfer of the protected rights will be made in accordance with Schedule 1 to the Social Security Act 1986 as modified by section 32(2B); or
;
b
after the words “and where a premium”(following sub-paragraph (e)) there shall be inserted “other than a contracted-out protected rights premium”; and
c
at the end there shall be inserted “, and where a contracted-out protected rights premium is so refunded, the protected rights which were extinguished by payment of the premium and the corresponding reduction in any guaranteed minimum pension to which any person was treated as entitled shall be restored”.
14
In regulation 24(4), after “regulation 45(d)(iii),” there shall be inserted “or where the earner’s rights were appropriately secured for the purposes of section 52C in circumstances analogous to those specified in that provision,” .
15
After regulation 24(4) there shall be inserted the following paragraph —
4A
Where a limited revaluation premium has been paid and a transfer payment under regulation 2B of the Contracting-out (Transfer) Regulations 1985 is made thereafter in respect of the accrued rights of the earner in respect of whom that premium was paid, the Secretary of State shall repay the amount of the premium to the trustees of the scheme, or the administrators of the policy, who made the transfer payment.
.
16
In regulation 24(8)(a) and (c), there shall be inserted, after “widow”, “or widower”.
17
In regulation 24(8), after sub-paragraph (c) there shall be inserted the following sub-paragraph —
d
where it was paid under section 44ZA(4) and the person in respect of whom it was paid has died, without leaving a widow or widower, on or before the later of the days first mentioned in sub-paragraphs (a) and (b) respectively of regulation 20(1).
.
18
For paragraph (1) of regulation 28 there shall be substituted the following paragraph —
1
For a scheme to be contracted-out in relation to an earner’s employment it must include a specific rule to the effect that if the earner has a guaranteed minimum under section 35 —
a
the weekly rate of his pension under the scheme at pensionable age shall not be less than that guaranteed minimum;
b
the weekly rate of pension payable to any widow of the earner under the scheme shall be not less than half that guaranteed minimum; and
c
the weekly rate of pension payable to any widower of the earner under the scheme shall be not less than half of that part of the earner’s guaranteed minimum which is attributable to earnings factors for the tax year 1988/89 and subsequent tax years,
that rule to be expressed to override all other provisions of the scheme, except any that are in accordance with the provisions of the Act.
.
19
In regulation 34, there shall be inserted —
a
after “his widow” in paragraph (1)(c), “or her widower”;
b
after “him” in paragraph (2), “or her”; and
c
after “widow's”, in both places where it occurs in paragraph (2), “or widower's”.
20
In regulation 35, there shall be inserted —
a
after “widow's”, in paragraph (1) and in both places where it occurs in paragraph (2), “or widower's”; and
b
after “widow” in paragraph (2)(c), “or widower”.
21
In regulation 36 —
a
in each of sub-paragraphs (c), (d) and (e) of paragraph (1), after “guaranteed minimum pensions” there shall be inserted “or his protected rights, as the case may be,”;
b
in paragraph (3)(a)(iii) there shall be inserted, at the end, “or, as the case may be, effect has not been given to protected rights under the scheme arising out of his service in that employment by the making of a transfer payment in accordance with the provisions of the scheme under paragraph 9(1)(b) of Schedule 1 to the Social Security Act 1986 as modified by section 32(2B).” ; and
c
in paragraph (5)(a) —
i
after “guaranteed minimum pensions” there shall be inserted “or protected rights, as the case may be,”, and
ii
after “benefits” there shall be inserted “or such rights”.
22
In regulation 37(2)(d) there shall be inserted, at the end, “or, as the case may be, effect has been given to protected rights under the scheme arising out of his service in the first employment by the making of a transfer payment in accordance with the provisions of the scheme under paragraph 9(1)(b) of Schedule 1 to the Social Security Act 1986 as modified by section 32(2B).”.
23
In regulation 38(1)(a) and (2)(b), “or widower” shall be inserted after “widow”.
24
In regulation 43 —
a
in paragraph (3), after “guaranteed minimum pensions” there shall be inserted “(including those to which persons are treated as entitled under section 29(2A))” ;
b
for paragraph (4) there shall be substituted the following paragraph —
4
In any case where a person or body transfers his or its responsibility for, or makes a transfer payment in respect of, a guaranteed minimum pension to another person or body, the first person or body shall, within 5 weeks from the date of the transfer or transfer payment, notify the Secretary of State of its occurrence, giving such particulars as the Secretary of State may reasonably require to enable him to identify the second person or body.
; and
c
in paragraph (5), for “guaranteed minimum pensions and for related purposes” there shall be substituted “guaranteed minimum pensions (including those to which persons are treated as entitled under section 29(2A)), and in order to know for what, if any, protected rights the scheme is responsible, and from what minimum contributions, minimum payments or transfer payments they derive, and for related purposes.”.
25
In regulation 44(e)(ii), after “in such cases” there shall be inserted “, except in such a case to which regulation 18(1C) applies,”.
26
In regulation 49 —
a
in paragraph (1) —
i
after “paragraph (2)”, there shall be inserted “and paragraph (3)”, and
ii
after “another contracted-out scheme”, there shall be inserted “or have arisen in such a scheme by reason of a transfer payment giving effect to his protected rights in accordance with regulations 2 and 3 of the Protected Rights (Transfer Payment) Regulations 1987” ;
and
b
after paragraph (2), there shall be inserted the following paragraph —
3
For the purposes of paragraph (1), where an earner has a guaranteed minimum pension in consequence of a transfer payment made in accordance with regulations 2 and 3 of the Protected Rights (Transfer Payment) Regulations 1987 —
a
that pension shall be treated as if it had arisen as a result of his service in the employment by reference to which the scheme ceasing to be contracted-out was contracted-out; and
b
the reference to earnings factors, to the extent that they relate to that pension, shall be construed so as to include only those which do not fall to be revalued in accordance with section 35(7) as modified by regulation 4(6) of those regulations.
.
Amendments of the Contracting-out (Protection of Pensions) Regulations 1984
5
1
The Contracting-out (Protection of Pensions) Regulations 1984 shall be amended in accordance with the provisions of this regulation.
2
The heading to regulation 4 shall be amended by the insertion, after “Widows”, of “and widowers”; and regulation 4 shall be amended by —
a
the insertion, after “his widow”, of “or her widower”; and
b
the insertion, after “that widow”, of “or widower”.
3
Regulation 6(2) shall be amended by the insertion, after “widow's”, in both places where it occurs, of “or widower's”.
4
For the heading to regulation 7 there shall be substituted “Widows' and widowers' pensions increased during initial period of payment”; and regulation 7 shall be amended by the insertion, after “widow”, of “or widower”.
5
The heading to regulation 7A shall be amended by the insertion, after “widow's”, of “and widower's”; and regulation 7A shall be amended by —
a
the insertion, after “wife”, of “or husband”;
b
the insertion, after “he”, in both places where it occurs, of “or she”; and
c
the insertion, after “his”, in both places where it occurs, of “or her”.
6
Regulation 10(2) shall be amended by —
a
the insertion, after “he”, of “or she”;
b
the insertion, after “him”, in both places where it occurs, of “or her”;
c
the insertion, after “his”, of “or her”; and
d
the insertion, at the end, of “, or if he is the widower, to whom a widower’s guaranteed minimum pension is payable, of such a person”.
Amendment of the Contracting-out (Transfer) Regulations 1985
6
1
The Contracting-out (Transfer) Regulations 1985 shall be amended in accordance with the provisions of this regulation.
2
In paragraph 5(b) of Schedule 2, after “widow” there shall be inserted “or her widower”.
Amendments of the Occupational Pension Schemes (Discharge of Liability) Regulations 1985
7
1
The Occupational Pension Schemes (Discharge of Liability) Regulations 1985 shall be amended in accordance with the provisions of this regulation.
2
Regulation 2(b)(ii) shall be amended by —
a
the substitution, for “in the case only of benefits which are not and do not include guaranteed minimum pensions”, of “subject, in the case of benefits which are or include guaranteed minimum pensions, to regulations 2A and 2B of the Contracting-out (Transfer) Regulations 1985” ; and
b
the insertion, at the end, of “or the granting of rights to money purchase benefits under a personal pension scheme”.
3
Regulation 3(1) shall be amended by —
a
the insertion, after “widow” in sub-paragraph (a), of “or her widower”;
b
the insertion, after “widow's” in sub-paragraph (b), of “or her widower's”;
c
the substitution, for “he” in sub-paragraph (b)(i), of “the earner”;
d
the substitution, for “his” in sub-paragraph (b)(ii), of “the earner's”; and
e
the substitution, for “he” in sub-paragraph (b)(iii), of “the earner”.
4
Regulation 4 shall be amended by the insertion, at the end of paragraph (b), of the following sub-paragraph —
iii
if the earner is a woman, that if she dies or has died leaving a widower the annuity to be paid thereunder to him or for his benefit will be at least equal to the guaranteed minimum due to him, or prospectively due to him in the event of his being left as her widower; and
.
5
Regulation 5 shall be amended by the insertion, after “widow”, in both places where it occurs, of “or her widower”.
Amendment of the Occupational Pension Schemes (Transfer Values) Regulations 1985
8
1
The Occupational Pension Schemes (Transfer Values) Regulations 1985 shall be amended in accordance with the provisions of this regulation.
2
In regulation 3 —
a
at the beginning of paragraphs (1) and (2), there shall be inserted “Except in a case to which paragraph (3) below applies,”; and
b
after paragraph (2) there shall be inserted the following paragraph —
3
Where a member’s cash equivalent such as is mentioned in paragraph 12(1), or any portion of it —
a
represents his rights to money purchase benefits under a scheme which is or was formerly a money purchase contracted-out scheme; and
b
those rights do not fall, either wholly or in part, to be valued in a manner which involves making estimates of the value of benefits,
then that cash equivalent, or that portion of it, shall be calculated and verified in such manner as may be approved in particular cases by the trustees of the scheme, and by adopting methods consistent with the requirements of Schedule 1A.
.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scot
Minister of State,
Department of Health and Social Security
25th June 1987


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Benefit (Dependency) Amendment Regulations 1987 and shall come into force on 6th April 1987.
Amendment of the Social Security Benefit (Dependency) Regulations 1977
2
The Social Security (Dependency) Regulations 1977 (“the principal Regulations”) shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 4B of the principal regulations
3
After paragraph (2) of regulation 4B of the principal regulations (circumstances in which a person entitled to child benefit is to be treated as if he were not so entitled) there shall be inserted the following paragraph —
3
For the purposes of sections 31(b) (child’s special allowance), 38(1) (guardian’s allowance), 41, 44(3)(c), 46(2), 49, 64(1) and 66(1)(d) (increase of benefit in respect of dependent children and persons having care of dependent children) and 70(1)(a)(ii) (industrial death benefit) a person who is entitled to child benefit in respect of a child shall be treated as not so entitled for any period for which that benefit is not payable by virtue of any of the provisions of regulations 7 (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child), 7A (exclusion from benefit of children aged 16 but under the age of 19 who are receiving advanced education), 7B (child receiving financial support under the Employment and Training Act 1973) or 7C (child receiving supplementary benefit) of the Child Benefit (General) Regulations 1976 .
Amendment of regulation 11 of the principal regulations
4
Regulation 11 (contribution to maintenance of adult dependant) shall be amended as follows —
a
in paragraph (2) the words “or section 66(1)(a)” and “or section 66(1)(d)” shall be omitted;
b
after paragraph (2) there shall be inserted the following paragraph —
2A
Where, within one month of having been entitled to an increase of unemployment benefit or sickness benefit under section 44(3)(a) by virtue of contributing to the maintenance of her husband at a weekly rate not less than the standard rate of the increase, a woman becomes entitled to a benefit which attracts a standard rate of increase higher than that of the benefit to which she had been entitled, she shall be deemed to satisfy the condition in paragraph (1)(a) if she satisfies it in relation to the benefit to which she had been entitled, and in this paragraph “entitled” includes deemed to have been entitled.
; and
c
in paragraph (3) for “paragraph (2)” there shall be substituted “paragraphs (2) and (2A)” and at the end there shall be added “or the condition of section 44(3)(a) that her husband is not engaged in any one or more employments from which his weekly earnings exceed the standard rate of increase.”.
Amendment of Schedule 2 to the principal regulations
5
Schedule 2 to the principal regulations shall be amended as follows —
a
after paragraph 2B of that Schedule there shall be inserted the following paragraph —
2BB
The provisions of paragraphs 2A and 2B above shall not apply so as to affect entitlement to an increase of invalid care allowance in respect of a child in any case where the beneficiary —
a
was entitled to receive such an increase immediately before 26th November 1984; and
b
throughout the period from and including that date to the date of coming into operation of this paragraph was, or but for the operation of those paragraphs would have been, continuously so entitled,
until such time as he would otherwise first cease to be so entitled.
;
b
in paragraph 7(b)(i) of that Schedule all the words after “child benefit” shall be omitted; and
c
at the end of that Schedule there shall be added the following paragraph —
9
1
Subject to sub-paragraph (2) below in this Schedule any reference to earnings includes a reference to payments by way of occupational pension.
2
Sub-paragraph (1) above shall not apply so as to affect entitlement to an increase of invalid care allowance in respect of a child or adult dependant in any case where the beneficiary —
a
was entitled to receive such an increase immediately before this paragraph came into operation; and
b
but for the operation of sub-paragraph (1) above would continue to be so entitled,
until such time as he would first otherwise cease to be so entitled.
.
Signed by authority of the Secretary of State for Social Services.
John Major
Minister of State,
Department of Health and Social Security
5th March 1987