text:
Commencement and citation
1
This Order may be cited as the City of Westminster (A41 Trunk Road) Red Route (Bus Lanes) Experimental Traffic Order 1997, and shall come into force on 14th February 1997.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “bus lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“dial-a-ride bus” means a vehicle —
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
g
“times of operation” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the times specified in that item in column (3) of that table;
h
“permitted vehicles” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the vehicles specified in that item in column (5) of that table;
i
an entry in column (3), (4) or (5) of an item in the table in the schedule to this order applies to that column in subsequent items in that schedule.
Bus Lane Controls
3
1
No person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in the schedule to this order during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
The controls specified in paragraph (1) of this article do not apply so as to prevent a vehicle stopping in a bus lane for as long as may be necessary —
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other order.
Exemptions
4
1
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within the exemption to a restriction or prohibition imposed by any other order made under the Road Traffic Regulation Act 1984 or which is permitted by any other order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle stopping in a bus lane if the vehicle is being used in —
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane and in so far as the activity is not prohibited by the provisions of any other order made under the Road Traffic Regulation Act 1984.
3
The controls specified in article 3(1) do not apply in respect of —
a
a vehicle entering or stopping in a bus lane so as to avoid an accident;
b
a vehicle entering or stopping in a bus lane to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
a vehicle crossing a bus lane in order to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane;
d
a vehicle being in a bus lane to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane;
e
a vehicle being used for ambulance, fire brigade or police purposes;
f
a vehicle stopping in a bus lane if it has lawfully entered the bus lane and it has to stop —
i
by law;
ii
to avoid an accident;
iii
in circumstances beyond the drivers control;
g
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Revocation or variation of existing Orders
6
The A41 Trunk Road (Camden and Westminster) Red Route (Bus Lanes) ( No. 2) Experimental Traffic Order 1996 is hereby revoked.
TRO 248
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
31st January 1997


type: legislation

jurisdiction: UK

text:
Title, commencement and extent
1
1
This Scheme may be cited as the Farm Woodland Premium Scheme 1997 and shall come into force on the day after the day on which it is made or 1st April 1997 if later.
2
This Scheme shall apply to Great Britain.
Interpretation
2
1
In this Scheme unless the context otherwise requires —
“agricultural” shall be construed, in relation to England and Wales, in accordance with section 109(3) of the Agriculture Act 1947 and, in relation to Scotland, in accordance with section 86 of the Agriculture (Scotland) Act 1948 , except that the expression “agricultural use” shall have the same meaning as in section 2(6) of the Farm Land and Rural Development Act 1988; “agricultural business” means a business consisting in, or such part of a business as consists in, the pursuit of eligible agricultural activities and includes a business consisting in, or such part of a business as consists in —
permitting another person by licence; or
entitling another person by lease for a term of less than 12 months,
to use the land for eligible agricultural activities where the appropriate Minister is satisfied that the licensor or, as the case may be, the lessor, carries out or is to carry out, whether personally or by a manager, during the term of the licence or the period of 12 months commencing on the date the lease commences, as the case may be, a significant degree of management of that land;
“application” means application for grant under this Scheme and “applicant” shall be construed accordingly;
“the appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland and Wales, the Secretary of State;
“the appropriate nature conservancy council” means —
in relation to land in England, the Nature Conservancy Council for England established by section 128 of the Environmental Protection Act 1990 ;
in relation to land in Wales, the Countryside Council for Wales established by section 128 of the Environmental Protection Act 1990; and
in relation to land in Scotland, Scottish Natural Heritage established by section 1 of the Natural Heritage (Scotland) Act 1991 ;
“arable land” means eligible land which falls within the definition of “eligible land” in the Arable Area Payments Regulations 1996 ;
“broadleaved trees” does not include trees which are likely to be harvested within 30 years of planting;
“common grazing” means a common grazing in Scotland;
“conversion plan” means a plan for the conversion of eligible land to woodlands by planting or natural regeneration;
“converted land” means eligible land converted from agricultural use to use for woodlands in accordance with a conversion plan;
“Council Regulation 3508/92” means Council Regulation ( EEC ) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes as last amended by Council Regulation ( EC ) No. 2466/96 ;
“designated maps” means —
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 20th May, 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3JR;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales”, and with the number of the volume, dated 20th May, 1991, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Cathays Park, Cardiff CF1 3NQ;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 15th May, 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture, Environment and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY;
“disadvantaged land” (except in the expression “severely disadvantaged land”) means —
in relation to land situated in England and Wales the land shown coloured blue on the designated maps, and
in relation to land situated in Scotland, land shown coloured blue or coloured pink on the designated maps, and —
which is in the opinion of the appropriate Minister inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and
whose agricultural production is in the opinion of the appropriate Minister restricted (but not severely restricted) in its range by, or by any combination of, soil, relief, aspect or climate;
“eligible agricultural activity” does not include the use of land for the grazing of creatures which are not livestock;
“eligible land”, in relation to an application, means land which has been used for eligible agricultural activities for at least the three years before the date of the application;
“eligible Scots Pine” means native Scots pine planted within any area of Scotland where the presence of native Scots Pine once occurred naturally;
“grazings committee” means a committee appointed under section 47(1) or (3) of the Crofters (Scotland) Act 1993 and includes a grazings constable appointed under section 47(3) thereof;
“holding” has the meaning it has in Article 1 of Council Regulation 3508/92, save that where —
an applicant —
permits another person by licence, or
entitles another person by lease for a term of less than twelve months,
to use land for eligible agricultural activities; and
the appropriate Minister is satisfied that the applicant carries out or is to carry out, whether personally or by a manager, during the term of the licence or in the period of 12 months commencing on the date the lease commences, as the case may be, a significant degree of management of that land,
any such land shall be deemed to form part of that applicant’s holding;
“improved land”, in relation to an application, means eligible land (other than arable land) which consists of one of the following —
land which has been grassland for the three years prior to the date of the application and in respect of which the Forestry Commissioners intend to make payment of Better Land Supplement under the Woodland Grant Scheme; or
land which for the three years prior to the date of the application has been used for the growing of any agricultural crop other than grass;
“initial entrant” means a person whose application is approved under paragraph 3(1);
“livestock” has the same meaning, in relation to England and Wales, as it has in section 109(3) of the Agriculture Act 1947, and in relation to Scotland, in section 86 of the Agriculture (Scotland) Act 1948;
“nature reserve” means —
land subject to an agreement under section 16 of the National Parks and Access to the Countryside Act 1949 that it shall be managed as a nature reserve; or
land declared to be a national nature reserve by the appropriate nature conservancy council pursuant to section 35 of the Wildlife and Countryside Act 1981 ;
“nurse tree” means a coniferous tree which is planted to provide protection to tree seedlings and which is removed from the land within 10 years of planting;
“occupier” means —
a person who occupies land —
as freehold owner in England and Wales;
as proprietor of the dominium utile in Scotland; or
as lessee; or
in relation to a common grazing, the grazings committee for that common grazing,
and references to “occupies” and “occupation” shall be construed accordingly;
“planting” includes the sowing of tree seeds;
“severely disadvantaged land” means —
in relation to land situated in England and Wales —
the land shown coloured pink on the designated maps; or
land situated in the Isles of Scilly; and
in relation to land situated in Scotland, land shown coloured pink on the designated maps and —
which is in the opinion of the appropriate Minister inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and
whose agricultural production is in the opinion of the appropriate Minister severely restricted in its range by, or by any combination of, soil, relief, aspect or climate;
“successor” means a person whose application is approved under paragraph 3(2);
“unimproved land” means eligible land other than arable land and improved land;
“the Woodland Grant Scheme” means the scheme under which the Forestry Commissioners enter into agreements to make grants pursuant to section 1 of the Forestry Act 1979 for and in connection with the use and management of land for forestry purposes.
2
Except in Schedule 3 to this Scheme, any reference in this Scheme to —
a
a numbered paragraph is a reference to the paragraph in this Scheme so numbered; and
b
a numbered Schedule (with no corresponding reference to a specific Act) is a reference to the Schedule to this Scheme so numbered.
Approval of applications
3
1
Subject to the provisions of this Scheme, the appropriate Minister may approve an application in relation to any eligible land if the applicant —
a
enters into a written agreement with the Forestry Commissioners for the conversion of the land to woodlands, under the Woodland Grant Scheme;
b
submits to the appropriate Minister a conversion plan with respect to the land that is consistent with that agreement;
c
either —
i
occupies the land, and carries on, whether personally or by a manager, an agricultural business on a holding which includes that land, or
ii
is, where the land comprises a common grazing, the grazings committee for that common grazing; and
d
enters into the undertakings specified in paragraph 8.
2
Subject to the provisions of this Scheme, the appropriate Minister may approve an application in respect of land comprising converted land, or eligible land in relation to which a conversion plan remains to be carried out, if the applicant —
a
occupies the land in succession to a previous occupier who was, in relation to that land, an initial entrant or successor; and
b
has submitted the application within 12 months after the termination of occupation of that previous occupier.
3
An application shall not be taken to be approved unless either —
a
the appropriate Minister has given approval of it in writing to the Forestry Commissioners and the Forestry Commissioners have informed the applicant in writing of that approval; or
b
the appropriate Minister has given approval of it in writing to the applicant.
Application for grant
4
Every application shall be made in such form as the appropriate Minister may require.
Restrictions on approval of application: general
5
1
The appropriate Minister shall not approve an application which relates to land which —
a
is registered as common land pursuant to the Common Registration Act 1965 ;
b
forms part of a nature reserve;
c
is occupied by a lessee unless the owner of that land has given his consent in writing to the occupier’s application in such form as the appropriate Minister may require; or
d
is occupied by a grazings committee unless that committee, pursuant to section 50 of the Crofters (Scotland) Act 1993 , has obtained the approval of the Crofters Commission and the consent of the landlord, and that consent has been entered in the Register of Crofts referred to therein.
2
For the purposes of sub-paragraph (1)(c) above, “owner” means, in England or Wales, freehold owner, and in Scotland, proprietor of the dominium utile, and where land is occupied by a sub-tenant, includes a superior tenant.
3
The appropriate Minister shall not approve an application under paragraph 3(1) which relates to land which, in the opinion of that Minister, has been converted to woodlands or had carried out on it any operations relating to such conversion, whether or not such conversion or operations were carried out in pursuance of a written agreement made with the Forestry Commissioners under the Woodland Grant Scheme.
4
The appropriate Minister shall not approve an application which relates to land —
a
which is to be planted with trees as a condition of a felling licence granted by the Forestry Commissioners under section 10 of the Forestry Act 1967 ;
b
on which trees have been felled without the authority of a felling licence granted under Part II of the Forestry Act 1967 in circumstances where section 9(1) of that Act applies so as to require such a licence;
c
which is to be planted with trees pursuant to a restocking notice served by the Forestry Commissioners under section 17A of the Forestry Act 1967 ; or
d
which is to be planted with trees pursuant to a notice served by the Forestry Commissioners under section 24(2) of the Forestry Act 1967.
5
The appropriate Minister shall not approve an application which relates to unimproved land unless that land is also either disadvantaged land or severely disadvantaged land.
6
The appropriate Minister shall not approve an application which relates to any land which is to be converted to woodlands —
a
where the converted land is also intended for agricultural use, other than the harvesting of an agricultural crop growth as a result of planting woodland by sowing a mixture of tree seeds and seeds of an agricultural crop;
b
intended to be managed as coppice, unless that Minister has a statement in writing from the appropriate nature conservancy council to the effect that such management will enhance the conservation of wildlife; or
c
where the trees, other than nurse trees, are intended to be used as Christmas trees.
7
The appropriate Minister shall refuse to approve an application which relates to any land if it appears to that Minister that the conversion to woodlands of that land would frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or the European Community, or that the payment of grant under this Scheme in respect of that land would duplicate any such assistance.
Restriction on approval of applications: resumed land
6
1
The appropriate Minister shall not approve an application which relates to land in England or Wales, possession of which was obtained from a tenant of that land by means of a notice to quit —
a
to which Case B in Part I of Schedule 3 to the Agricultural Holdings Act 1986 applied; or
b
in respect of which a counter-notice could have been served under section 26(1)(b) of the Agricultural Holdings Act 1986 unless no such counter-notice was served or unless the Agricultural Land Tribunal consented to the operation of the notice to quit on the grounds set out in section 27(3)(e) of that Act (with or without other grounds).
2
The appropriate Minister shall not approve an application which relates to land in Scotland, possession of which was obtained from a tenant of that land by means of —
a
a notice to quit to which section 22(2)(b) of the Agricultural Holdings (Scotland) Act 1991 applied;
b
a notice to quit in respect of which a counter-notice could have been served under section 22(1) of the Agricultural Holdings (Scotland) Act 1991 unless no such counter-notice was served or unless the Scottish Land Court consented to the operation of the notice to quit on the grounds set out in section 24(1)(d) of that Act (with or without other grounds);
c
an authorisation given by the Scottish Land Court under section 20(1) of the Crofters (Scotland) Act 1993 to resume a croft or part of a croft;
d
an authorisation given by the Scottish Land Court under section 20(4) of the Crofters (Scotland) Act 1993 to resume any land forming part of a common grazing; or
e
a notice served pursuant to a resumption clause in a lease.
Restrictions on approval of applications: area limits
7
1
The appropriate Minister shall not approve under paragraph 3(1) an application if it concerns the conversion to woodlands of less than 1 hectare of eligible land.
2
Save in the case of an application relating to a common grazing, the appropriate Minister shall not approve an application if he decides that the application concerns the conversion to woodlands of more than —
a
40 hectares of unimproved land; or
b
200 hectares of eligible land.
3
In considering whether to make the decision referred to in sub-paragraph (2) above, the appropriate Minister may take into account any areas of land converted or to be converted to woodlands pursuant to an approval of any other application relating to land which it would be reasonable for him to regard as falling within the same holding, were this Scheme a Community scheme as defined in Article 1 of Council Regulation 3508/92.
4
For the purposes of paragraph (3) above, the term “application” shall include an application for grant under a statutory arrangement similar to this Scheme for the payment of grant in respect of the conversion of agricultural land situated in Northern Ireland to woodland.
5
In the case of an application relating to a common grazing, the appropriate Minister shall not approve an application which, whether by itself or when taken with any other application relating to the common grazing, concerns the conversion to woodlands of more than 100 hectares of the eligible land comprised in that common grazing.
Requirements for persons taking part in the Scheme
8
An applicant shall undertake to the appropriate Minister that he or his personal representatives or, in Scotland, his executors, will —
a
carry out the work described in the conversion plan relating to the land which the application concerns, within the times and in the manner specified in the plan and to the satisfaction of the appropriate Minister;
b
maintain any converted land forming part of that land in accordance with good forestry practice, to the satisfaction of the appropriate Minister —
i
in the case of converted land which in the appropriate Minister’s view consists of 50 per cent or less by area of broadleaved trees or eligible Scots Pine or a combination thereof, throughout the period of 20 years, commencing on the first day after the end of the year in which the planting of trees on the plantation concerned is completed or, as the case may be, in which the work necessary to encourage natural regeneration of trees on land comprised in the plantation concerned is completed; or
ii
in the case of converted land which in the appropriate Minister’s view consists of more than 50 per cent by area of broadleaved trees or eligible Scots Pine or a combination thereof, throughout the period of 30 years, commencing as aforesaid;
c
not put any such converted land to agricultural use during the period mentioned in sub-paragraph (b) above, other than the harvesting of an agricultural crop grown as a result of planting woodland by sowing a mixture of tree seeds and seeds of an agricultural crop;
d
not manage any such converted land as coppice during that period, unless the appropriate Minister has notified him or them in writing that the land may be so managed to enhance the conservation of wildlife;
e
not use the trees on any such converted land, other than nurse trees, as Christmas trees during that period;
f
remove any trees specified in the conversion plan to be nurse trees within 10 years of planting;
g
save in the case of a common grazing, notify the appropriate Minister in writing —
i
of any change in occupation of the eligible land or the converted land which he or they occupy within three months of its occurence;
ii
of the termination of the agricultural business carried on by him or them on the holding which includes that converted land;
h
save in the case of a common grazing, furnish such information as to the agricultural business carried on by him or them on the holding which includes converted land which he or they occupy, and as to that converted land, as the appropriate Minister may require to evaluate the effectiveness of this Scheme;and
i
in relation to a common grazing, furnish such information as to that common grazing or, as the case may be, the converted land thereon, or as to his or their activities in connection with that common grazing, as the appropriate Minister may require to evaluate the effectiveness of this Scheme.
Grants under this Scheme
9
1
Subject to the provisions of this Scheme, the appropriate Minister may make to an initial entrant or a successor, or the personal representatives or, in Scotland, executors of such an initial entrant or successor, grants for abating financial loss which has been or will be suffered in consequence of his or their occupation of converted land.
2
Subject to sub-paragraph (3) below, grants under sub-paragraph (1) above shall be made annually in relation to the categories of converted land specified in column 1 of Schedule 1 at the rate per hectare specified in column 2 of that Schedule and shall be made in respect of the area of such converted land remaining in the occupation of the claimant at the time the claim for payment is made.
3
Where an applicant, in his area aid application submitted in relation to any period in respect of which payment is made under this Scheme, counts an area of converted land as set aside for the purposes of the set-aside requirement, the rate payable under this Scheme in relation to that area of converted land in respect of any period for which it is so counted, shall — as provided for in Article 7(2) of Council Regulation 1765/92 — not exceed the set-aside payment in relation to that land.
4
For the purposes of this paragraph —
a
“area aid application” means the application provided for by Article 6(1) of Council Regulation 3508/92;
b
“set-aside payment” means, in relation to an area of land which is converted land, the compensatory payment provided for in Article 7(5) of Council Regulation 1765/92 which would be made in relation to that area were it not converted land;
c
“set-aside requirement” means the requirement to set land aside in accordance with Article 7(1) of Council Regulation (EEC) 1765/92 ; and
d
“Council Regulation 1765/92” means Council Regulation (EEC) No. 1765/92 establishing a support system for producers of certain arable crops, as last amended by Council Regulation (EC) 1575/96 .
Duration and payment of grant
10
1
The number of annual payments under paragraph 9 made in respect of any area of converted land of a category specified in column 1 of Schedule 2 shall not exceed the maximum number specified in column 2 of that Schedule in relation to converted land of that category.
2
For the purposes of this paragraph —
a
the description of any area of converted land specified in column 1 of Schedule 2 which applies when the conversion plan has been carried out in relation to that area shall remain applicable to any part of that area so long as any payment under this Scheme is due to be made in relation to that area; and
b
for the purposes of ascertaining the description of an area of converted land in accordance with paragraph (a) above, nurse trees shall be ignored.
3
In respect of each area of converted land —
a
the first annual payment shall be made during the twelve months following the payment by the Forestry Commissioners of the first instalment of grant under the Woodland Grant Scheme, in respect of the conversion of that area to woodlands pursuant to the agreement referred to in paragraph 3(1)(a); and
b
subsequent annual payments shall be made on 16th October in each year or on such other date or dates in each year as the appropriate Minister may decide.
Claims for grant
11
Every claim for payment under this Scheme shall be made in such form and at such times as the appropriate Minister may require.
Financial limits
12
1
When by reason of the total of applications already approved or received, the appropriate Minister is at any time of the opinion that the financial resources which are available for payment of grant under this Scheme during any period are insufficient to satisfy the payment in relation to England, Wales and Scotland, as the case may be, during that period, which would result from the approval of any further application, he may decide —
a
that he will not accept for consideration any further application, or request to vary a conversion plan under paragraph 13, until a time subsequently specified by him; or
b
that he will cease to approve, or postpone approval or, any such application or request submitted to him.
2
A decision by the approprate Minister under sub-paragraph (1) above may relate to —
a
applications in respect of the conversion to any category of converted land referred to in column 1 of Schedule 1: or
b
appications generally,
and in the case of a decision under sub-paragraph (1)(a) not to accept further applications and to specify a time when further applications may be accepted, shall be published by notice in the London or Edinburgh Gazette, as appropriate.
Variation of conversion plans
13
The occupier of land in respect of which payment of grant is due to be made under this Scheme may, with the prior written agreement of the appropriate Minister, vary the conversion plan with respect to that land in any manner that the Minister may approve consistent with this Scheme, and may thereafter claim payment of grant in respect of the conversion to woodlands in accordance with the plan as so varied.
Withholding and recovery of grant
14
1
If at any time after the appropriate Minister has approved an application it appears to that Minister that the applicant, with a view to obtaining payment of grant under this Scheme, has made any statement or furnished any information which is false or misleading in a material respect, the appropriate Minister may —
a
reduce or withhold any payment under this Scheme due to the applicant or his personal representatives or, in Scotland, his executors;
b
recover from him or them an amount equal to any payment made to him or them under this Scheme or such part thereof as the approprate Minister may specify;
c
recover from a related participant or his personal representatives or, in Scotland, his executors, an amount equal to any payment made to that related participant or those personal representatives or executors under this Scheme or such part thereof as the appropriate Minister may specify; and
d
terminate the participation in the Scheme of the applicant or his personal representatives or, in Scotland, his executors.
2
If, at any time after the approprate Minister has approved an application it appears to that Minister that —
a
the applicant or his personal representatives or, in Scotland, his executors, has without reasonable cause failed to carry out any undertaking given by him pursuant to paragraph 8, or to comply with any other requirement of this Scheme, or
b
on account of arrangements (whenever made) of which the appropriate Minister becomes aware he would — were the application made at that first mentioned time — make the decision referred to in paragraph 7(2) in relation to the application,
the appropriate Minister may take one or more of the actions referred to in sub-paragraph (3) below.
3
The actions referred to in sub-paragraph (2) above are, in relation to an application to which that sub-paragraph relates, to —
a
postpone, reduce or withhold any payment under this Scheme due to the applicant or his personal representatives, or in Scotland, his executors;
b
recover from him or them an amount equal to any payment made to him or them under this Scheme or such part thereof as the appropriate Minister may specify;
c
recover from a related participant or his personal representatives or, in Scotland, his executors, an amount equal to any payment made to that related participant or those personal representatives or executors under this Scheme or such part thereof as the appropriate Minister may specify; and
d
terminate the participation in the Scheme of the applicant or his personal representatives or, in Scotland, his executors.
4
For the purposes of sub-paragraphs (1)(c) and (3)(c) above, a related participant means, in relation to an applicant whose application is approved under paragraph 3(2), any previous occupier, who was, in relation to the land which the application concerns, an initial entrant or a successor.
5
For the purposes of sub-paragraph (2)(a) above, “reasonable cause” shall be taken to refer to such exceptional circumstances as the appropriate Minister considers justify the failure referred to therein.
6
Before postponing, reducing, withholding or recovering any payment or terminating participation in the Scheme under this paragraph the appropriate Minister shall —
a
give to any person to whom any payment of such grant would be made, or from whom any payment would be recoverable, or the participation of whom in the Scheme he proposes to terminate, a written notification of the reasons for the action proposed to be taken by the Minister;
b
afford that person or, in the case of a grazings committee, a representative of that committee, an opportunity of appearing before and being heard by a person appointed for the purpose by the appropriate Minister; and
c
consider the report by the person so appointed and supply a copy of the report to the person mentioned in paragraph (a) above.
7
The appropriate Minister shall not approve a further application from any person whose participation in the Scheme has been terminated under this paragraph, where the application is submitted within five years of the date of that termination.
8
Where the appropriate Minister is entitled under this paragraph to recover from any person any payment made under this Scheme, the appropriate Minister may in addition recover from that person interest on the amount of that payment, calculated at the rate of one percentage point above the sterling three months London Interbank Offered Rate, on a day to day basis, from the date when that payment was made to that person to the date of its recovery by the appropriate Minister.
9
In any case, where an amount falls to be paid to the appropriate Minister by virtue of (or by virtue of action taken under) this Scheme, the amount so falling to be paid shall be recoverable as a debt.
Obligation to permit entry and inspection
15
1
The occupier of land to which an application relates, or which is being converted to woodlands in pursuance of a conversion plan, or which is converted land and in respect of which grant is still being claimed, or which he is required by virtue of an undertaking to maintain in accordance with paragraph 8(b), shall permit any person duly authorised by the appropriate Minister, accompanied by such persons acting under his instructions as appear to the person so authorised to be necessary for the purpose, at all reasonable times and on production of his authority on demand, to enter upon and inspect any such land in order to verify the accuracy of any particulars given in any application or claim made under this Scheme, and compliance with any undertaking given under paragraph 8.
2
The occupier shall render all reasonable assistance to the authorised person in relation to the matters mentioned in sub-paragraph (1) above, and in particular shall, at the request of that person, accompany him in making the inspection and shall identify any areas of land which are concerned in the application or claim in question.
Amendment of the Farm Woodland Premium Scheme 1992
16
The Farm Woodland Premium Scheme 1992 shall be amended in accordance with the provisions of Schedule 3.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
10th March 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
11th March 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
11th March 1997
We approve
Roger Knapman
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
13th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (National Insurance Number Information: Exemption) (No. 2) Regulations 1997 and shall come into force on 1st December 1997 immediately after the Social Security (National Insurance Number Information: Exemption) Regulations 1997 .
Amendment of regulation 2A of the Income Support (General) Regulations 1987
2
In regulation 2A(b) of the Income Support (General) Regulations 1987 (disapplication of section 1(1A) of the Administration Act) for the words “5th October 1988” there shall be substituted the words “5th October 1998”.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
25th November 1997


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Amendment Regulations 1997 and shall come into force on 1st September 1997.
2
These Regulations shall apply in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 on or after the date on which they come into force.
Amendment of the principal Regulations
2
In the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 —
a
for the Schedule to those Regulations there shall be substituted the Schedule to these Regulations;
b
in regulations 5(1) and 8 (minimum amounts payable to dependant), for the amount of £1,803 there shall be substituted the amount of £1,852;
c
in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount of £3,731 there shall be substituted the amount of £3,832.
Signed by authority of the Secretary of State
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
13th July 1997


text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Project Work Pilot Scheme) Regulations 1997 and shall come into force on 26th May 1997.
2
These Regulations shall cease to have effect on 25th May 1998, unless revoked with effect from an earlier date.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Jobseekers Act 1995;
“appropriate office” means an office of the Department for Education and Employment which is identified in the Schedule to these Regulations and which a relevant person is required to attend in accordance with a notice under regulation 23 of the Jobseeker’s Allowance Regulations ;
“benefit” means income support, unemployment benefit or jobseeker’s allowance or any earnings credited to a person in accordance with regulations made under section 22(5) of the Social Security Contributions and Benefits Act 1992 or section 13(4) of the Social Security Act 1975 and “receiving benefit” means receiving benefit which that person has claimed and received as an unemployed person or in accordance with Part I of the Act;
“employment interview” means in relation to a relevant person, an interview in respect of which he has received a notice under regulation 23 of the Jobseeker’s Allowance Regulations requiring him to attend an interview to discuss his prospects of work;
“employment officer” means a person who is an employment officer for the purposes of section 19 of the Act;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
“made a claim for jobseeker’s allowance” includes treated as having made a claim for the allowance and treated as having an award of the allowance in accordance with regulations 5, 6 or 7 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 ;
“Project Work” means the programme provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 known as Project Work and which consists of a programme of work experience and job search help lasting for any individual for an aggregate of 13 weeks;
“relevant person” means a person to whom regulation 3 applies;
“week” means any period of 7 consecutive days.
2
In these Regulations, unless the context otherwise requires, a reference
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number; and
c
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
Application
3
1
These Regulations shall apply to any person who
a
receives, or has received, a notice under regulation 23 of the Jobseeker’s Allowance Regulations requiring him to attend an employment interview to take place on or after 24th February 1997 at an appropriate office and is, or was, aged 18 or over but under 51 as at the date upon which he receives or received that notice and
b
has made a claim for jobseeker’s allowance as at the date upon which he receives or received the notice referred to in sub-paragraph (a) and has, or had been, receiving benefit for a period of two years as at that date —
i
without any period of interruption, or
ii
with a period of interruption which did not exceed 28 days, or
iii
with a number of periods of interruption, none of which exceeded 28 days.
2
Any period of interruption which did not exceed 28 days shall be taken into account in calculating the period of two years referred to in paragraph (1).
Sanction
4
1
In relation to a person to whom paragraph (2) applies, “employment programme” in section 19 of the Act means, in addition to the programmes listed in regulation 75 of the Jobseeker’s Allowance Regulations, Project Work.
2
This paragraph applies to any person to whom regulation 3 applies and who has been given or sent a notice in writing by an employment officer advising him that if he fails to participate in Project Work his benefit could cease to be payable or could be payable at a lower rate.
3
In relation to a person to whom paragraph (2) applies, for sub-paragraph (ii) of paragraph (a) of regulation 69 of the Jobseeker’s Allowance Regulations there shall be substituted the following —
ii
either —
aa
where the determination mentioned in (i) above does not relate to Project Work, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5), or
bb
where the determination mentioned in (i) above relates to Project Work, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) that relate to project work, and
.
Good Cause
5
Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(5)(b) of the Act, and in addition to the circumstances listed in regulation 73 of the Jobseeker’s Allowance Regulations, a person to whom regulation 4(2) applies is to be regarded as having good cause for any act or omission in relation to Project Work for the purposes of section 19(5)(b) where
a
there is no place available for him on Project Work or
b
he has already participated in Project Work for one continuous period of 13 weeks or two or more periods amounting in total to 13 weeks.
Eric Forth
Minister of State,
Department for Education and Employment
10th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service Pension Scheme and Provision of Information and Administrative Expenses etc. (Amendment) Regulations 1997 and shall come into force on 12th February 1997.
Interpretation
2
In these Regulations —
“the Pension Scheme Regulations ” means the National Health Service Pension Scheme Regulations 1995 ;
“the Provision of Information Regulations ” means the National Health Service Pension Scheme (Provision of Information and Administrative Expenses etc.) Regulations 1996 ; and
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 .
Amendment of Part B of the Pension Scheme Regulations
3
In Part B of the Pension Scheme Regulations there shall be added the following regulation —
Opting into the scheme: mis-sold pensions
B5
1
This regulation shall apply to a person who, during any period —
a
was eligible to be an active member of the scheme;
b
opted out of the scheme under regulation B4(1) and made contributions to a personal pension scheme; and
c
has suffered loss as the result of a contravention which is actionable under section 62 of the Financial Services Act 1986 .
2
Where, at any time, a person to whom this regulation applies elects to join or rejoin the scheme under regulation B4(5), there shall, if the Secretary of State so determines, be counted as pensionable service in respect of that person a period equal to the aggregate of —
a
his additional period of pensionable service as approved by the Secretary of State for the purposes of regulation N3A(2)(i); and
b
his “transferred-out service”, if any, within the meaning of regulation N3A(5),
provided there has been paid to the Secretary of State in respect of that person a transfer payment calculated in accordance with regulation N3A.
3
Where, at any time, a person to whom this regulation applies elects to join or rejoin the scheme under regulation B4(5) but dies in pensionable employment or becomes entitled to benefits under Part E of these Regulations before the transfer payment referred to in paragraph (2) has been paid to the Secretary of State in respect of him, paragraph (2) shall continue to apply in the case of that person.
4
In this regulation —
“active member” means a person who is in pensionable employment under the scheme; and
“personal pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 and includes —
a retirement annuity contract approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;
a personal pension scheme approved under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988;
a retirement benefits scheme approved under section 591(2)(g) of the Income and Corporation Taxes Act 1988.
.
Amendment of regulation C1 of the Pension Scheme Regulations
4
1
After regulation C1(3) of the Pension Scheme Regulations there shall be inserted the following paragraph —
3A
Where a member who was eligible to be a member before 1st June 1989 joins the scheme on or after that date by virtue of being a person to whom regulation B5 applies, any amount by which that member’s pensionable pay exceeds the permitted maximum will not be ignored when calculating the amount of any contributions or benefits payable under these Regulations except in relation to a period following a break in pensionable employment on or after that date.
.
2
In regulation C1(4) of the Pension Scheme Regulations —
a
for the words “paragraph (3)” there shall be substituted the words “paragraphs (3) and (3A)”; and
b
after sub-paragraph (e) there shall be added the following sub-paragraph —
f
the break is due to the member opting out of the scheme as the result of a contravention which is actionable under section 62 of the Financial Services Act 1986.
.
Amendment of regulation M3 of the Pension Scheme Regulations
5
In regulation M3(5) of the Pension Scheme Regulations after the words “Subject to paragraph (7),” there shall be inserted the following words —
except in the case of a transfer payment accepted under regulation N3A,
.
Amendment of Part N of the Pension Scheme Regulations
6
1
At the beginning of regulation N1(3) of the Pension Scheme Regulations the word “The” shall be deleted and there shall be substituted the following words —
Except in the case of a person to whom regulation B5 applies, the
.
2
In regulation N1(4) of the Pension Scheme Regulations the words from “and N3” to the end shall be deleted and there shall be substituted the following words —
, N3 (transfers that are not made under the Public Sector Transfer Arrangements) and N3A (transfers in respect of members to whom regulation B5 applies who elect to join or rejoin the scheme) is applicable.
.
3
After regulation N3 of the Pension Scheme Regulations there shall be inserted the following regulation —
Transfers in respect of members to whom regulation B5 applies who elect to join or rejoin the scheme
N3A
1
In the case of a member to whom regulation B5 applies, this regulation shall apply for the purpose of calculating the amount of the transfer payment by reference to which an additional period of pensionable service may be credited by the Secretary of State to that member.
2
Subject to paragraphs (3) and (4), the transfer payment in respect of which an additional period of pensionable service may be credited by the Secretary of State to a member referred to in paragraph (1) shall be calculated in a manner that is consistent with the actuarial methods and assumptions used by the Secretary of State to calculate cash equivalents under regulation M3 (amount of member’s cash equivalent) in the case of transfers that are not made under the Public Sector Transfer Arrangements and shall be of an amount equal to the total amount of —
i
an amount which would enable the member to be credited by the scheme with such additional period of pensionable service as the Secretary of State may approve in respect of the period during which he made contributions to a personal pension scheme (“the relevant scheme”);
ii
the amount of the cash equivalent, if any, which the member transferred to the relevant scheme by exercising a right under regulation M2 (exercising a right to transfer or buy-out) (“the transferred rights”); and
iii
an amount, to be determined from time to time by the Government Actuary, which represents the income which would have been received on the amount referred to in sub-paragraph (ii) had that amount been invested during the period commencing at the end of the month in which it was paid by the scheme to the relevant scheme and ending at the end of the month in which the transfer payment was paid to the scheme by the relevant scheme.
3
The amount, if any, payable by virtue of paragraphs (2)(ii) and (iii) shall be at least equal to the amount of the cash equivalent transfer value which would be payable by the scheme in respect of the transferred-out service if the scheme were to pay a cash equivalent transfer value in respect of that service immediately after the time at which the transfer payment is paid to the scheme by the relevant scheme.
4
In the case of a member to whom regulation B5 applies who has been credited with an additional period of pensionable service calculated as specified in regulation N3 (transfers that are not made under the Public Sector Transfer Arrangements), the Secretary of State may adjust the amount of the transfer payment referred to in paragraph (2) on account of the payment by reference to which that pensionable service was credited.
5
In this regulation —
“personal pension scheme” has the same meaning as in regulation B5(4);
“transfer payment” means the payment payable to the scheme by the relevant scheme in respect of a member to whom regulation B5 applies who elects to join or rejoin the scheme; and
“transferred-out service” means the period of pensionable service which the member transferred out of the scheme by exercising a right under regulation M2 (exercising a right to transfer or buy-out).
.
Amendment of regulation 2 of the Provision of Information Regulations
7
In regulation 2 of the Provision of Information Regulations, in paragraph (iii) of the definition of “personal pension scheme”, after the words “section 591” there shall be added “(2)(g)”.
Amendment of regulation 4 of the Provision of Information Regulations
8
In regulation 4 of the Provision of Information Regulations —
1
after the words “the individual in respect of whom the information relates” there shall be inserted the words “or any person acting in respect of that individual”; and
2
the word “him” where it appears in paragraph (a) shall be deleted and there shall be substituted the words “a prescribed person”.
Amendment of regulation 6 of the Provision of Information Regulations
9
In regulation 6 of the Provision of Information Regulations the words “regulation 5(2)(a) to (d), (f) to (i) and (k) above” shall be deleted and there shall be substituted the following words —
regulation 5(a) to (d), (f) to (i) and any person appointed to act on behalf of any of those persons
.
Signed by authority of the Secretary of State for Health.
Gerald Malone
Minister of State,
Department of Health
15th January 1997
We consent to the making of these Regulations.
Roger Knapman
Bowen Wells
Lords Commissioners of Her Majesty’s Treasury
16th January 1997


text:
Commencement and citation
1
This Order may be cited as the A205 Trunk Road (Hounslow) Red Route (Bus Lanes) Traffic Order 1997, and shall come into force on 23rd October 1997.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “bus lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“dial-a-ride bus” means a vehicle —
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
g
“times of operation” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the times specified in that item in column (3) of that table;
h
“permitted vehicles” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the vehicles specified in that item in column (5) of that table;
i
an entry in column (3), (4) or (5) of an item in the table in the schedule to this order applies to that column in subsequent items in that schedule.
Bus Lane Controls
3
No person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in the schedule to this order during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
The controls specified in paragraph (1) of this article do not apply so as to prevent a vehicle stopping in a bus lane for as long as may be necessary —
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other order.
Exemptions
4
1
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within the exemption to a restriction or prohibition imposed by any other order made under the Road Traffic Regulation Act 1984 or which is permitted by any other order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle stopping in a bus lane if the vehicle is being used in —
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane and in so far as the activity is not prohibited by the provisions of any other order made under the Road Traffic Regulation Act 1984.
3
The controls specified in article 3(1) do not apply in respect of —
a
a vehicle entering or stopping in a bus lane so as to avoid an accident;
b
a vehicle entering or stopping in a bus lane to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
a vehicle crossing a bus lane in order to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane;
d
a vehicle being in a bus lane to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane;
e
a vehicle being used for ambulance, fire brigade or police purposes;
f
a vehicle stopping in a bus lane if it has lawfully entered the bus lane and it has to stop —
i
by law;
ii
to avoid an accident;
iii
in circumstances beyond the drivers control;
g
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
5
The A205 Trunk Road (Hounslow) Red Route (Bus Lanes) Experimental Traffic Order 1996 is hereby revoked.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
7th October 1997


text:
1
1
This Order may be cited as the A102 Trunk Road (Port Greenwich Development Slip Roads) Order 1997 and shall come into force on 8th January 1998.
2
In this Order all measurements of distance are measured along the routes of the relevant highways.
2
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order shall become trunk roads from the date when this Order comes into force.
3
The centre lines of the new trunk roads are indicated by heavy black lines on the plan numbered LRO-B 64/E5330/5/1, marked “The A102 Trunk Road (Port Greenwich Development Slip Roads) Order 1997”, signed by authority of the Secretary of State for Transport and deposited at the Highways Agency, St Christopher House, Southwark Street, London SE1 0TE.
Signed by authority of the Secretary of State for Transport
R T Thorndike
Director Network and Customer Services (London) Highways Agency
8th December 1997


text:
Citation and commencement
1
1
This Order may be cited as the Solicitor General’s Salary Order 1997.
2
This Order shall come into force on 27th June 1997.
Solicitor General’s salary
2
For the annual amount of salary specified in Part III of Schedule 1 to the Ministerial and other Salaries Act 1975 in relation to the Solicitor General there shall be substituted £78,072.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Foreign Satellite Service Proscription Order 1997 and shall come into force on 24th April 1997.
2
The foreign satellite service which at the date of making this Order is known as Satisfaction Club Television is hereby proscribed for the purposes of section 178 of the Broadcasting Act 1990.
Virginia Bottomley
Secretary of State for National Heritage
3rd April 1997