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PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Regulations 1997 and shall come into force on 1st April 1997.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“capital limit” means the amount prescribed for the purposes of section 134(1) of the Social Security Contributions and Benefits Act 1992 as it applies to income support;
“child” means a person who is under the age of 16 years;
“complex appliance” means an optical appliance at least one lens of which —
has a power in any one meridian of plus or minus 10 or more dioptres, or
is a prism-controlled bifocal lens;
“disability working allowance” means disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 ;
“eligible person” is to be construed —
for the purposes of Part III, in accordance with regulation 3(2);
for the purposes of Parts IV and V, in accordance with regulation 8(2) to (5);
“face value” means, in relation to a voucher on which is marked a letter code specified in column 2 of Schedule 1, the amount specified in relation to it in column 3 of that Schedule, plus the amount of any increase provided for by paragraph 1 of Schedule 2;
“family credit” means family credit under Part VII of the Social Security Contributions and Benefits Act 1992;
“an income-based jobseeker’s allowance” has the meaning given to it by section 1(4) of the Jobseekers Act 1995 ;
“income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992;
“minimum complex appliance payment” means, in relation to an optical appliance, the amount specified as such for the appliance in paragraph 2 of Schedule 2;
“ NHS sight test fee” means, in relation to a testing of a patient’s sight carried out either by an ophthalmic medical practitioner or by an optician —
at a place where the patient normally resides, an amount of £37.83, or
in any other case, an amount of £13.71;
“notice of entitlement” means a notice issued under regulation 7 of the Remission Regulations for the purposes of remission of charges under the Act;
“ophthalmic list” means a list, prepared and published pursuant to regulations made under section 39(a) of the Act of medical practitioners and opticians who undertake to provide general ophthalmic services ;
“ Ophthalmic Services Regulations ” means the National Health Service (General Ophthalmic Services) Regulations 1986 ;
“optician” means an ophthalmic optician;
“patient” means a person whose sight has been tested whether under the Act or otherwise;
“patient’s contribution” is to be construed as follows —
for the purposes of Parts III, IV and V, where a patient’s resources are less than his requirements, the contribution shall be nil;
for the purposes of Part III, where the patient’s resources exceed his requirements, the contribution shall be an amount equal to that excess;
for the purposes of Parts IV and V, where the patient’s resources exceed his requirements, the contribution shall be an amount equal to twice that excess;
“patient’s resources” means a person’s resources as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations;
“redemption value” is to be construed —
for the purposes of Part III, in accordance with regulation 7;
for the purposes of Part IV, in accordance with regulation 14;
for the purposes of Part V, in accordance with regulation 19;
“the 1989 Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1989 ;
“the Remission Regulations” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 and a reference to those Regulations is to be construed as a reference to them as they have effect on the making of these Regulations and as amended subsequently;
“replacement” does not include the replacement of an optical appliance rendered unserviceable by fair wear and tear;
“responsible authority” means —
in relation to a voucher completed pursuant to regulation 4, the Health Authority for the area in which the testing of sight to which it relates takes place;
in relation to a voucher issued pursuant to regulation 9 or completed pursuant to regulation 16 otherwise than by an NHS trust , the Health Authority for the area in which the supply, replacement or repair of the optical appliance to which it relates takes or is to take place;
in relation to a voucher issued pursuant to regulation 10 or completed pursuant to regulation 16 by an NHS trust, the Health Authority in whose area the patient resides;
in relation to a payment made pursuant to regulation 6, the Health Authority for the area in which the testing of sight took place;
in relation to a payment made pursuant to regulation 20 otherwise than by an NHS trust, the Health Authority for the area in which the supply, replacement or repair of the optical appliance to which it relates took place;
in relation to a payment made pursuant to regulation 20 by an NHS trust, the Health Authority in whose area the patient resides;
“small glasses” means glasses the lens apertures of which have datum centres not more than 56 millimetres apart; and for this purpose “datum centre” is to be construed in accordance with Part 1 of British Standard 3521/91 (Glossary of Terms relating to Ophthalmic Lenses) published by the British Standards Institution as effective immediately before 13th March 1997;
“supplier” includes a person replacing or repairing an optical appliance;
“supply” includes the replacement of an optical appliance rendered unserviceable by fair wear and tear;
“voucher” for the purposes of enabling a payment to be made under these Regulations, means —
in Part III, a voucher form supplied to those whose names are included in an ophthalmic list by the Secretary of State;
in Part IV, a voucher form supplied —
where a testing of sight is carried out otherwise than by an NHS trust, by the Secretary of State to the person who carries it out;
where a testing of sight is carried out by an NHS trust, by that NHS trust;
in Part V, a voucher form supplied to a supplier, by the Secretary of State.
3
For the purposes of Schedule 1 —
a
where an optical appliance has lenses described in different paragraphs in column 1 of Schedule 1, the face value of a voucher for the appliance shall be determined according to whichever lens would provide the greater face value; and
b
where an optical appliance has a bifocal lens, the power of the lens shall be determined according to the power of that segment of the lens designed to correct a defect in distant sight; and
c
a monocle shall be treated as though it were glasses.
4
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation, Part or Schedule is to the regulation in, Part of, or Schedule to, these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;
c
in Schedule 1 to a numbered paragraph is to the paragraph in column 1 in that Schedule bearing that number.
PART II
CHARGES
Charges for glasses and contact lenses
2
1
A charge of such sum as may be determined by or in accordance with directions given by the Secretary of State shall be made and recovered in accordance with paragraph (2) in respect of the supply of glasses and contact lenses under the Act.
2
Where a charge is payable by virtue of paragraph (1), the NHS trust, or other person on its behalf, that supplies or is to supply the glasses or contact lenses may —
a
on arranging to supply the glasses or contact lenses, make the charge; and
b
on supplying the glasses or contact lenses or having them available for supply, recover the charge from the patient (if it has not previously been paid).
PART III
PAYMENTS TOWARDS COST OF SIGHT TESTS
Eligibility — sight tests
3
1
A payment shall be made as provided for by this Part of these Regulations to contribute to the cost of a testing of sight which the responsible authority accepts as having been incurred by an eligible person.
2
An eligible person is a person whose income resources, as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act, exceed his requirements as so calculated, but whose patient’s contribution does not exceed the NHS sight test fee and whose capital resources as so calculated do not exceed the capital limit.
Completion and use of voucher — sight tests
4
1
A person who wishes a payment to be made by virtue of this regulation in his case shall —
a
apply to the Secretary of State for a notice of entitlement;
b
apply for his sight to be tested by an ophthalmic medical practitioner or optician whose name is included in an ophthalmic list;
c
indicate to that practitioner or optician that he is an eligible person at the time of the application;
d
show to him a current notice of entitlement and permit him to copy such details as may be required for the purposes of regulation 5(2)(b)(ii).
2
The ophthalmic medical practitioner or optician may then duly complete the relevant parts of the voucher with the name and address of the patient, the patient’s date of birth and the date of the testing of sight.
3
The person whose sight is or is to be tested shall sign on the voucher a declaration in writing to the effect that he is an eligible person.
4
The ophthalmic medical practitioner or optician may use the voucher as being in substitution for payment by the patient of an amount equal to its redemption value, being part of the cost incurred for the testing of sight.
Payments to sight testers
5
1
The responsible authority shall, if the conditions specified in paragraph (2) are fulfilled, make a payment of the voucher’s redemption value to an ophthalmic medical practitioner or optician who has used a voucher in accordance with regulation 4(4).
2
The conditions specified in paragraph (1) are that —
a
the patient has signed the declaration referred to in regulation 4(3);
b
the ophthalmic medical practitioner or optician has —
i
made a claim for a payment on a duly completed voucher to the responsible authority within the period of three months beginning with the date of the testing of sight; and
ii
informed the responsible authority of the amount of the patient’s contribution.
Payments to patients in respect of sight tests
6
1
A payment may be made under this regulation by the responsible authority to an eligible person who incurs the cost of a testing of sight by an ophthalmic medical practitioner or optician whose name is included in an ophthalmic list, without a voucher being completed in accordance with regulation 4.
2
A patient who wishes to receive a payment under this regulation must —
a
make a claim to the Secretary of State for a payment within three months after the date of the sight test, or within such further period as the Secretary of State may for good cause allow, and that claim must be made on a form provided by or on behalf of the Secretary of State for that purpose; and
b
produce such evidence as the Secretary of State may reasonably require in support of the claim including the receipt for any fee paid for the testing of sight.
3
Where the Secretary of State is satisfied that the patient is entitled to a payment under paragraph (1) he shall authorise in writing the payment of the amount in question to the patient by the responsible authority.
4
On receipt of an authorisation under paragraph (3), the responsible authority shall make a payment to the patient of an amount equal to the redemption value of the voucher which could have been completed under regulation 4 if the patient had satisfied the requirements of regulation 4(1).
Redemption value of voucher for sight test
7
— For the purposes of this Part of these Regulations the redemption value of a voucher is the amount, if any, by which the patient’s contribution falls short of the lesser of —
a
the NHS sight test fee; or
b
the full cost which would have been incurred by the patient for the sight test but for these Regulations.
PART IV
PAYMENTS FOR COST OF SUPPLY OF OPTICAL APPLIANCES
Eligibility — supply of optical appliances
8
1
A payment shall be made as provided for by this Part of these Regulations to meet, or to contribute towards, the cost incurred (whether by way of charge under the Act or otherwise) for the supply of an optical appliance for which a prescription has been given in consequence of a testing of sight of an eligible person —
a
which took place under the Act; or
b
which took place otherwise than under the Act.
2
An eligible person is a person who at the time of the supply of the optical appliance is any of the following —
a
a child;
b
a person under the age of 19 years and receiving qualifying full-time education within the meaning of paragraph 7 of Schedule 12 to the Act ;
c
a person whose resources are treated, in accordance with paragraph (3), as being less than his requirements;
d
a person whose income resources, as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act, are equal to or exceed his requirements as so calculated but whose patient’s contribution is nil or is less than the face value of a voucher issued to him under this Part of these Regulations and whose capital resources do not exceed the capital limit;
e
a person for whom a prescription is issued for a complex appliance.
3
A person’s resources shall be treated as being less than his requirements if —
a
he is in receipt of income support;
b
he is a member of the same family as a person who is in receipt of income support;
c
he is in receipt of family credit;
d
he is a member of the same family as a person who is in receipt of family credit;
e
his income resources as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act, are less than his requirements as so calculated and his capital resources as so calculated do not exceed the capital limit;
f
he is a member of the same family as a person described in paragraph (e) of this paragraph;
g
he is in receipt of disability working allowance;
h
he is a member of the same family as a person described in sub-paragraph (g) of this paragraph;
i
he is in receipt of an income-based jobseeker’s allowance; or
j
he is a member of the same family as a person described in sub-paragraph (i) of this paragraph.
4
In paragraph (3), “family” (in references to membership of the same family) has the meaning given to it by section 137(1) of the Social Security Contributions and Benefits Act 1992 —
a
as it applies to income support , in the case of paragraph (3)(b) and (f);
b
as it applies to family credit , in the case of paragraph (3)(d); and
c
as it applies to disability working allowance , in the case of paragraph (3)(h)
and has the meaning given to it by section 35 of the Jobseekers Act 1995 in the case of paragraph (3)(j).
5
For the purposes of regulation 10 and other provisions of this Part of these Regulations as they apply to payments where the testing of sight was by an NHS trust, a person is also an eligible person if, because of the frequency with which the condition of his eyes changes, he is considered by the NHS trust to be non-tolerant of his existing optical appliance.
Issue of vouchers by ophthalmic medical practitioners or opticians
9
1
An ophthalmic medical practitioner or optician who, following a testing of sight under the Ophthalmic Services Regulations, issues a prescription for an optical appliance to a patient —
a
who has indicated that he is an eligible person; or
b
who (whether or not he has so indicated) is issued with a prescription for a complex appliance,
shall, in the circumstances described in paragraph (3) but subject to paragraph (4), issue to the patient a voucher relating to the optical appliance prescribed on the same occasion as he issues the prescription in accordance with paragraph 10(1) of Schedule 1 of the Ophthalmic Services Regulations.
2
The ophthalmic medical practitioner or optician issuing the voucher shall sign it and shall —
a
mark on it the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance prescribed as set out in column 1 of that Schedule;
b
duly complete the relevant parts of the voucher with the name and address of the patient, the patient’s date of birth, particulars of the prescription issued to the patient, the date on which the patient’s sight was tested and the date of issue of the voucher.
3
The circumstances referred to in paragraph (1) are where the ophthalmic medical practitioner or optician, having consulted any records which he has relating to the patient and made such enquiry of the patient as he considers relevant, is satisfied that —
a
the patient requires an optical appliance for the first time or an optical appliance to a prescription the particulars of which differ from those relating to his existing appliance; or
b
the patient requires an optical appliance because his existing optical appliance has been rendered unserviceable by fair wear and tear.
4
Where a patient requires an optical appliance to a prescription the particulars of which differ from those relating to his existing appliance only because the patient is non-tolerant of that appliance, and has been so since it was supplied to him, no voucher shall be issued unless the health authority responsible for the arrangements for the sight test, being satisfied that the prescription for that existing appliance was clinically correct, has authorised the issue of a voucher.
5
Unless regulation 11 applies, not more than one voucher shall be issued to a patient in respect of any one optical appliance prescribed.
Issue of vouchers by NHS trusts
10
1
An NHS trust which, following a testing of sight, issues a prescription for an optical appliance to a patient —
a
who has indicated that he is an eligible person;
b
who (whether or not he has so indicated) is issued with a prescription for a complex appliance; or
c
who is an eligible person by virtue of regulation 8(5),
shall issue to the patient a voucher relating to the optical appliance prescribed.
2
The NHS trust issuing the voucher shall —
a
mark on it the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance prescribed as set out in column 1 of that Schedule;
b
duly complete the relevant parts of the voucher with the name and address of the patient, the patient’s date of birth, particulars of the prescription issued to the patient, the date on which the patient’s sight was tested and the date of issue of the voucher.
Issue of replacement vouchers by health authorities or NHS trusts
11
— Where, on an application by a patient within 6 months of a voucher having been issued to him under regulation 9(1) or 10(1), a health authority or NHS trust is satisfied, having made such enquiries as it considers relevant, that the voucher has been lost or destroyed without having been presented to a supplier of optical appliances, it may issue to the patient a replacement voucher completed in accordance with regulations 9(2)(a) and (b) or 10(2)(a) and (b), but with the date of issue of the voucher being that on which the replacement is issued.
Use of vouchers for supply of optical appliances
12
1
Subject to paragraphs (4) and (5), a patient to whom a voucher, duly completed in accordance with regulation 9, 10 or 11, has been issued may present it to a supplier who supplies or is to supply him with an optical appliance, provided that the arrangements for supply are made within 6 months of the date on which the voucher was issued.
2
A supplier may accept the voucher in substitution for payment by the patient of an amount equal to its redemption value, being the whole or part of the cost incurred for the supply of an optical appliance.
3
A voucher relating to glasses may be accepted in connection with the supply of contact lenses.
4
Before presenting the voucher to the supplier the patient shall sign on the voucher —
a
a declaration in writing to the effect that he is an eligible person, indicating the grounds of his eligibility;
b
an undertaking in writing to the effect that, if he is unable to show that he is an eligible person, he will pay to the responsible authority an amount equal to the voucher’s redemption value.
5
A patient who is an eligible person only by virtue of regulation 8(2)(d) or by virtue of his resources being treated in accordance with regulation 8(3)(e) or (f) as being less than his requirements shall —
a
before presenting the voucher to the supplier, apply to the Secretary of State for a notice of entitlement; and
b
on the same occasion as he presents the supplier with a voucher in accordance with paragraph (1), show a current notice of entitlement to the supplier and permit him to copy such details as may be required for the purposes of regulation 13(2)(c)(iii).
Payments to suppliers
13
1
Except where it was the supplier, the responsible authority shall, if the conditions specified in paragraph (2) are fulfilled, make a payment of a voucher’s redemption value to a supplier who has accepted the voucher from a patient in accordance with regulation 12.
2
The conditions referred to in paragraph (1) are that —
a
the patient has signed the declaration and undertaking referred to in regulation 12(4) and acknowledged receipt on the voucher of the optical appliance supplied to him;
b
the optical appliance is not sold or supplied in contravention of section 21(1) of the Opticians Act 1989 ;
c
the supplier has —
i
made and kept a written record of the supply and issued to the patient a receipt for any money received from the patient,
ii
made a claim for a payment on a duly completed voucher to the responsible authority, within the period of 3 months beginning with the date of supply of the optical appliance,
iii
where the patient has shown a notice of entitlement to him, informed the responsible authority of the amount of the patient’s contribution, if any, and
iv
where the claim relates to a voucher the value of which is increased in accordance with paragraph 1(1)(e) of Schedule 2, certified that the glasses supplied were small glasses.
Redemption value of voucher for supply of optical appliances
14
1
Where an optical appliance was supplied otherwise than under the Act the redemption value of a voucher is, subject to paragraphs (3) to (5), the lesser of —
a
the full cost which would have been payable by the patient for the supply but for this Part of these Regulations;
b
the face value of the voucher;
2
Where an optical appliance was supplied under the Act, the redemption value of a voucher is, subject to paragraphs (3) to (5), the lesser of —
a
the amount of the charge for the time being determined pursuant to regulation 2 which would have been payable by the patient for the supply but for this Part of these Regulations;
b
the face value of the voucher.
3
In relation to payments to be made because of a person’s eligibility by virtue of regulation 8(2)(d), the amounts taken for the purposes of paragraph (1)(a) and (b) or paragraph (2)(a) and (b) shall, subject to paragraph (4), be reduced by the amount of the patient’s contribution.
4
If a reduction made under paragraph (3) in the case of a patient for whom a prescription was issued for a complex appliance would render the redemption value of the voucher less than the minimum complex appliance payment, that value shall be the minimum complex appliance payment.
5
Where the patient was an eligible person only because a prescription was issued for him for a complex appliance, the redemption value of a voucher shall be the minimum complex appliance payment, except that where —
a
the appliance was supplied under the Act; and
b
in accordance with directions given pursuant to regulation 2(1), the amount of a charge made for the supply would, but for any maximum charge specified in the directions, have exceeded by any amount the charge actually made,
the redemption value shall be reduced by the amount of the excess.
PART V
PAYMENTS FOR COST OF REPLACEMENT OR REPAIR OF OPTICAL APPLIANCES
Eligibility — replacement or repair
15
1
A payment shall be made as provided for by this Part of these Regulations to meet, or contribute towards, any cost accepted by the responsible authority as having been incurred (whether by way of charge under the Act or otherwise) for the replacement or repair of an optical appliance for which a prescription is given in consequence of a testing of sight of —
a
a child, where the appliance needs replacement or repair in consequence of loss or damage;
b
a person of any description specified in regulation 8(2)(c), (d) or (e) suffering from illness, where the appliance needs replacement or repair in consequence of its loss or damage and the responsible authority is satisfied, after making such enquiries as it considers relevant, that the loss or damage would not have occurred but for that illness.
2
No payment shall be made by virtue of paragraph (1)(a) or (b) unless the responsible authority is satisfied, after making such enquiries as it considers relevant, that the full cost of replacement or repair cannot be met under the terms of any warranty, insurance or other arrangement made with its supplier or manufacturer.
Completion of vouchers
16
1
A patient who considers that a payment may be made under this Part of these Regulations in his case in respect of the replacement or repair of his optical appliance may indicate to the supplier that he wishes such a payment may be made.
2
In the case of a replacement, the supplier may —
a
mark on a voucher the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance to be replaced as set out in column 1 of that Schedule;
b
duly complete the relevant parts of the voucher with the name and address of the patient, the patient’s date of birth and the date of issue of the voucher.
3
In the case of a repair, the supplier may —
a
mark on a voucher the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance to be repaired as set out in column 1 of that Schedule;
b
indicate on the voucher the nature of the repair of the appliance to be undertaken and, in particular, whether it comprises —
i
the replacement or repair of one or more lenses included in the appliance, and, if so of how many,
ii
the repair of a frame and, if so, whether it is of the whole frame, the front of a frame or one or both sides of a frame;
c
duly complete the relevant parts of the voucher with the name and address of the patient, the patient’s date of birth and the date of issue of the voucher.
4
The patient shall sign on the voucher —
a
a declaration in writing to the effect that he is an eligible person, indicating the grounds of his eligibility;
b
a declaration in writing to the effect that the optical appliance cannot be replaced or repaired free of charge under the terms of any warranty, insurance or other arrangement made with its supplier or manufacturer; and
c
an undertaking in writing to the effect that, if he is unable to show that he is an eligible person, he will pay to the responsible authority an amount equal to the voucher’s redemption value.
5
A patient who is an eligible person only by virtue of regulation 8(2)(d) or only by virtue of his resources being treated in accordance with regulation 8(3)(e) or (f) as being less than his requirements shall show a current notice of entitlement to the supplier and permit him to copy such details as may be required for the purposes of regulation 18(2)(b)(iv).
6
In a case to which regulation 15(1)(b) applies, a supplier intending to use the voucher under regulation 17 shall first submit it to the responsible authority so that it may be satisfied as to the circumstances in which the loss or damage occurred and give its approval to the use of the voucher.
Use of vouchers for replacement or repair
17
The supplier may use the voucher as being in substitution for payment by the patient of an amount equal to its redemption value, being the whole or part of the cost incurred for the replacement or repair.
Payments to suppliers for replacement or repair
18
1
Except where it was the supplier, the responsible authority shall, if the conditions specified in paragraph (2) are fulfilled, make a payment of a voucher’s redemption value to a supplier who has used a voucher in accordance with regulation 17.
2
The conditions referred to in paragraph (1) are that —
a
the patient has signed the declarations and undertaking referred to in regulation 16(4) and acknowledged on the voucher that the optical appliance has been replaced or repaired; and
b
the supplier has —
i
made and kept a written record of the replacement or repair and issued to the patient a receipt for any money received from the patient;
ii
obtained any prior approval required by regulation 16(6);
iii
made a claim for payment on a duly completed voucher to the responsible authority within the period of 3 months beginning with the date of the replacement or repair of the optical appliance; and
iv
where the person has shown a notice of entitlement to him, informed the responsible authority of the amount of the patient’s contribution, if any.
Redemption value of voucher for replacement or repair
19
1
Subject to paragraph (4), the redemption value of a voucher shall, in the case of a replacement, be the lesser of —
a
the full cost which would have been payable by the patient for the replacement but for this Part of these Regulations;
b
the face value of the voucher or, in the case of the replacement of one only of a pair of contact lenses, £39.80.
2
Subject to paragraph (4), the redemption value of a voucher shall, in the case of the repair of an appliance, be the lesser of —
a
the full cost which would have been payable by the patient for the repair but for this Part of these Regulations;
b
the amount specified in column 2 of Schedule 3 which relates to the type of optical appliance repaired (identified in that column by reference to the relevant letter code as specified in Schedule 1) and to the nature of the repair specified in column 1 of Schedule 3, together with any increase provided for by Schedule 2.
3
Where more than one repair is made to an appliance the amount taken for the purposes of paragraph (2)(b) as being specified in Schedule 3 shall be the aggregate of the relevant amounts ascertained in accordance with Schedule 3, except that the element of the value of a voucher which relates to the repair of a frame shall not exceed £10.20.
4
In the case of a person who was eligible for a payment to be made in his case only by virtue of regulation 8(2)(d), the amounts taken for the purpose of paragraphs (1)(a) and (b) and (2)(a) and (b) shall be reduced by the patient’s contribution.
PART VI
PAYMENTS TO PATIENTS IN RESPECT OF THE SUPPLY, REPLACEMENT OR REPAIR OF OPTICAL APPLIANCES
20
1
A payment may be made under this regulation to a person of a description prescribed by regulation 8(2) or (15)(1) who pays for the supply, replacement or repair of an optical appliance without exercising his right under regulation 9(1), 10(1) or 15(1) to a payment to meet or contribute towards the cost incurred for the supply, replacement or repair of such optical appliance.
2
A patient who wishes to receive a payment under this regulation must —
a
make a claim to the Secretary of State if he considers that he falls within the description specified in regulation 8(2)(c) or (d); or
b
in all other cases, make a claim to the responsible authority.
3
Any such claim must be made within three months after the date of the supply, replacement or repair of the optical appliance, or within such further period as the Secretary of State or the responsible authority may for good cause allow, and that claim must be made on a form provided by or on behalf of the Secretary of State or the responsible authority for that purpose.
4
It is a further condition of entitlement to a payment under paragraph (1) that the patient produces in support of his claim such evidence as the Secretary of State or the responsible authority may reasonably require including the receipt for any fee paid for the supply, replacement or repair.
5
Where the Secretary of State is satisfied that the patient is entitled to a payment as a result of a claim under paragraph (2)(a), he shall authorise in writing the payment of the amount in question to the patient by the responsible authority, and on receipt of such authorisation, the responsible authority shall make a payment to the patient of an amount equal to the redemption value of the voucher which could have been completed under regulations 9, 10 or 16 if the patient had satisfied the requirements of regulations 9(1), 10(1) or 16(4) as the case may be.
6
Where the responsible authority is satisfied that the patient is entitled to a payment as a result of a claim under paragraph (2)(b), it shall make a payment to the patient of an amount equal to the redemption value of the voucher which could have been completed under regulations 9, 10 or 16 if the patient had satisfied the requirements of regulations 9(1), 10(1) or 16(4) as the case may be.
PART VII
MISCELLANEOUS
Amounts wrongly paid
21
1
Where a person who is not an eligible person declares on a voucher that he is an eligible person and in consequence the responsible authority makes a payment under these Regulations, the person who makes the declaration shall repay the amount of that payment to the responsible authority.
2
Where a supplier makes a claim for payment to the responsible authority, representing that the conditions specified in regulation 5(2), 13(2) or 18(2) are fulfilled, but those conditions are not fulfilled and the authority makes a payment to the supplier under these Regulations, it may recover the amount of that payment from the supplier
Signatures and claims for payments
22
1
A signature required by these regulations may be given, and a claim for a payment pursuant to regulations 6 or 20 may be made —
a
on behalf of a child by either parent or, in the absence of both parents, the guardian or other adult person who has the care of the child;
b
on behalf of any other person who is incapable of giving the signature, by a relative or any other adult who has the care of that person; or
c
on behalf of any person under 18 years of age —
i
looked after by a local authority within the meaning of section 22(1) of the Children Act 1989 , by a person duly authorised by that authority;
ii
accommodated by a voluntary organisation, by that organisation or a person duly authorised by them.
Transitional Provisions
23
1
Where, before 1st April 1997, a person has been issued with a voucher pursuant to regulations 9, 10, 11 or 16 of the 1989 Regulations but that voucher has not been accepted or used before that date, then such a voucher may be accepted or used in accordance with the provisions of regulations 12 or 18 of the 1989 Regulations as though they remained in force.
2
The amounts specified in regulation 19(1)(b) and (3), column 3 of Schedule 1 and Schedules 2 and 3 shall apply only to a voucher accepted or used on or after 1st April 1997 pursuant to regulation 12 or regulation 17.
3
Where, before 1st April 1997, a person has made an application in pursuance of the provisions of regulation 6, 10 or 14 of the 1989 Regulations and his application has not been determined before that date, his application shall be determined in accordance with the provisions of those Regulations as though they remained in force.
Revocations
24
The Regulations specified in column (1) of Schedule 4 are revoked to the extent specified in column 3 of that Schedule.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State
Department of Health
14th March 1997


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Framework Cooperation Agreement between the European Community and its Member States and the Republic of Chile) Order 1997. It shall come into operation in respect of the treaty specified in the Schedule to this Order on the date on which the Treaty comes into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Vocational Training (Public Financial Assistance and Disentitlement to Tax Relief) (Amendment) Regulations 1997 and shall come into force on 6th April 1997.
2
In regulation 2 of the Vocational Training (Public Financial Assistance and Disentitlement to Tax Relief) Regulations 1992 for the definitions of “training payment” and “training provider” there shall be substituted the following definitions —
“training payment” means a payment made by an individual in respect of a qualifying course of vocational training —
in respect of an allowable expense to a person who provides training courses which are qualifying courses of vocational training, or
to a person who —
receives fees for assessment purposes, or
receives fees payable in connection with the making, as a result of having undertaken the course, of any entry in an official register or any award, or
receives other fees such as are mentioned in subsection (9) of section 32 in respect of a qualifying course of vocational training provided in the United Kingdom;
“training provider” means a person to whom a training payment is made.
Gyles Brandreth
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 1997


text:
1
This Order may be cited as the Education (Funding for Teacher Training) Designation (No. 3) Order 1997 and shall come into force on 8th October 1997.
2
The following are hereby designated as institutions eligible for funding under Part 1 of the Education Act 1994: —
a
Bournemouth Borough Council
b
Cambridgeshire County Council
c
Dudley Metropolitan District Council
d
Enfield London Borough Council
e
Essex County Council
f
Kent County Council
g
Northamptonshire County Council
h
Nottinghamshire County Council
i
Shropshire County Council
j
Somerset County Council
k
Suffolk County Council
l
City of Sunderland Council
m
Wiltshire County Council
n
Wolverhampton Metropolitan Borough Council
Estelle Morris
Parliamentary Under-Secretary of State,
Department for Education and Employment
17th September 1997


text:
Citation and commencement
1
These Regulations may be cited as the Life Assurance and Other Policies (Keeping of Information and Duties of Insurers) Regulations 1997 and shall come into force on 1st April 1997.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“the Board” means the Commissioners of Inland Revenue;
“relevant records”, in respect of a policy or contract, means the books, documents and records specified in regulation 3;
“Schedule 15” means Schedule 15 to the Taxes Act ;
“section 552” means section 552 of the Taxes Act ;
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
2
For the purposes of these Regulations, an “insurer” —
a
in a case where the obligations under any policy or contract of the body that issued, entered into or effected it (“the original insurer”) are at any time the obligations of another body (“the transferee”) to whom there has been a transfer of the whole or any part of a business previously carried on by the original insurer, means the transferee, and
b
in any other case, means the body by or with whom the policy or contract was issued, entered into or effected.
3
For the purposes of these Regulations and in relation to an insurer, a policy or contract is a relevant policy or contract if, on the happening of a chargeable event within the meaning of Chapter II of Part XIII of the Taxes Act in relation to the policy or contract, the insurer is under the duty to deliver a certificate pursuant to section 552; and, for the purposes of this paragraph, subsection (2) of section 552 shall be disregarded.
4
For the purposes of these Regulations and in respect of any policy or contract, any reference to books, documents and records includes books, documents and records (including material prepared for the purposes of advertising or publicity) which contain information —
a
relating to the terms of the policy or contract, or
b
required for the purposes of a certificate to be delivered under section 552.
Keeping of records — general
3
An insurer shall, in respect of each relevant policy or contract, keep sufficient books, documents and records to enable the Board —
a
to ascertain the terms of the policy or contract,
b
to ascertain whether there has been or is likely to be any contravention of the requirements of section 552, and
c
to verify any certificate delivered under that section.
Period for which records to be kept
4
1
Subject to paragraph (2), an insurer shall, in respect of each relevant policy or contract, keep the relevant records for a period of three years after the termination of the policy or contract.
2
In any case where —
a
a relevant policy is connected with another policy for the purposes of paragraph 13 or 14 of Schedule 15, or
b
in relation to a relevant policy under which a single premium only is payable, liability for that payment is discharged in accordance with paragraph 15 (2) of Schedule 15, or
c
a relevant policy is issued in substitution for, or on the maturity of and in consequence of an option conferred by, another policy,
an insurer shall, in respect of each policy, keep the relevant records for a period of three years after the termination of the final policy which is in force.
Transfers of records
5
1
This regulation applies in any case where the obligations under any policy or contract of the body that issued, entered into or effected it (“the original insurer”) are at any time the obligations of another body (“the transferee”) to whom there has been a transfer of the whole or any part of a business previously carried on by the original insurer.
2
The original insurer shall, in respect of that policy or contract, deliver the relevant records to the transferee within the period of three months after the transfer.
3
This regulation has effect in relation to transfers on or after 1st April 1997.
6
1
This regulation applies in any case where each of the three conditions specified in paragraphs (2) to (4) is fulfilled.
2
The first condition is that one policy (the “new policy”) is issued in substitution for another policy (the “old policy”).
3
The second condition is that the new policy is issued in substitution for an old policy issued by an insurance company (the “old insurer”) which was resident outside the United Kingdom at the time the old policy was issued.
4
The third condition is that the new policy is issued by an insurance company (the “new insurer”) pursuant to arrangements made between the old insurer and the new insurer for the issue of policies in substitution for ones held by persons becoming resident in the United Kingdom.
5
The new insurer shall, in respect of the old policy, obtain the relevant records from the old insurer within the period of three months after the issue of the new policy.
6
This regulation has effect in relation to any new policy where the insurance for that new policy is made, and that new policy is issued, on or after 1st April 1997.
7
1
This regulation applies in any case where each of the conditions specified in paragraphs (2) and (3) is fulfilled.
2
The first condition is that one policy (“the new policy”) is issued in substitution for, or on the maturity of and in consequence of an option conferred by, another policy (“the old policy”).
3
The second condition is that, at the time the new policy is issued, the insurance company issuing the new policy (“the new insurer”) and the insurance company which issued the old policy (“the old insurer”) are both members of a group of companies.
4
For the purposes of paragraph (3) two companies are members of a group of companies if one is the 51 per cent subsidiary of the other or both are 51 per cent. subsidiaries of a third company.
5
The original insurer shall, in respect of the old policy, deliver the relevant records to the new insurer within the period of three months beginning with the date on which the new policy was substituted for the old policy or, as the case may be, the date of the exercise of the option on the maturity of the old policy.
6
This regulation has effect in relation to any new policy where the insurance for that new policy is made, and that new policy is issued, on or after 1st April 1997.
Information to be provided to the Board
8
1
The Board may by notice require any person to whom premiums under any policy are or have at any time been payable, within such period as may be specified in the notice, to furnish them with such information as they may reasonably require to enable them —
a
to ascertain whether there has been or is likely to be any contravention of the requirements of section 552, and
b
to verify any certificate delivered under that section.
2
The period specified in a notice given under paragraph (1) shall be a period of not less than 14 days beginning with the date on which the notice is given.
Inspection of records by officer of the Board
9
1
The Board may by notice require any person to whom premiums under any policy are or have at any time been payable, to make available for inspection by an officer of the Board authorised for that purpose, at such time as that officer may reasonably require, all such books, documents and records as are in that person’s possession or under that person’s control and are such as may be required by the Board under regulation 8.
2
The time specified in a notice given under paragraph (1) shall not fall within the period of 14 days beginning with the date on which the notice is given.
S. C. T. Matheson
G. H. Bush
Two of the Commissioners of Inland Revenue
10th February 1997


text:
1
This Order may be cited as the Channel 4 (Application of Excess Revenues) Order 1997 and shall come into force on the day after the day on which it is made.
2
In section 27(1)(a) of the Broadcasting Act 1990 , for “50 per cent” substitute “331/3 per cent”.
Chris Smith
Secretary of State for Culture, Media and Sport
17th December 1997


text:
Citation and commencement
1
These Regulations may be cited as the Seed Potatoes (Amendment) Regulations 1997 and shall come into force on 1st July 1997.
Amendment of the Seed Potatoes Regulations 1991
2
For paragraph 3 of Schedule 4 to the Seed Potatoes Regulations 1991 there shall be substituted the following paragraph:–
3
1
An official label shall measure not less than 110mm x 67mm and, subject to sub-paragraph (2) below, shall have printed on it the words–
EC Rules and Standards
.
2
Official labels printed prior to 1st July 1997 with the abbreviation “ EEC ” instead of “EC” may be used until 31 December 2001.
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
4th June 1997
Sewel
Parliamentary Under Secretary of State Scottish Office
5th June 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Railways (Heathrow Express Temporary Network) (Exemptions) Order 1997.
2
This Order shall come into force on 23rd July 1997.
3
In this Order —
“the 1993 Act ” means the Railways Act 1993;
“the relevant day” has the same meaning as in the Railways (Heathrow Express (Exemptions) Order 1994 ; and
“the temporary network” means a network approximately 191 metres in length running southwards from a junction with the railway line between Paddington Station, London and Heathrow Airport situated approximately 300 metres to the south of Stockley Road Bridge, West Drayton.
Franchise exemption
2
1
Exemption from designation under section 23(1) of the 1993 Act (designation of passenger services as eligible for franchising) is granted to any person who provides a railway passenger service on any railway line comprised in the temporary network, in respect of that service.
2
The exemption granted in paragraph (1) above shall have effect from the date on which this Order comes into force until the relevant day.
Disapplication of closure provisions
3
1
Every railway passenger service provided between Paddington Station, London and any station associated with the temporary network is a service in relation to which section 37 of the 1993 Act (closure of non-franchised etc. passenger services) is not to have effect.
2
The temporary network is a network in relation to which section 39 of the 1993 Act (closure of operational passenger networks) is not to have effect.
3
Any station associated with the temporary network is a station in relation to which section 41 of the 1993 Act (closure of railway facilities used in connection with passenger services) is not to have effect.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under Secretary of State,
Department of Environment, Transport and the Regions
17th June 1997


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Joint Financing) Regulations 1997 and shall come into force on 1st January 1998.
Interpretation
2
In these Regulations “authorised person” means any constable or any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases, and other expressions used in these Regulations shall have the same respective meanings as in the Air Navigation ( No. 2) Order 1995 .
Revocation
3
The Regulations specified in Schedule 1 hereto are hereby revoked.
Charges for services provided by the Governments of Denmark and Iceland
4
1
In respect of each crossing between Europe and North America by an aircraft, wherever registered, in the course of which the aircraft is at any time north of the 45th parallel North between the meridians of 15° West and 50° West, the operator of the aircraft shall, upon completion of the crossing, pay to the CAA a charge of £62.88 computed as follows —
in respect of air navigation services provided by the Government of Denmark for such crossings £17.80;
in respect of air navigation services provided by the Government of Iceland for such crossings £45.08.
2
If an aircraft, wherever registered, without making a crossing between Europe and North America, makes one of the following crossings, that is to say between Greenland and Canada, Greenland and the United States of America, Greenland and Iceland or Iceland and Europe, the operator of the aircraft shall pay to the CAA in respect of each crossing upon completion thereof, one third of the amount of the charges specified in paragraph (1).
3
If an aircraft, wherever registered, without making a crossing between Europe and North America, makes one of the following crossings, that is to say between Greenland and Europe, Iceland and Canada or Iceland and the United States of America, the operator of the aircraft shall pay to the CAA in respect of each crossing upon completion thereof, two thirds of the amount of the charges specified in paragraph (1).
4
If an aircraft, wherever registered, without making a crossing for which a charge is specified in paragraph (1), (2) or (3), makes a crossing —
a
between any point and Europe, or
b
between any point and Iceland
in the course of which the aircraft does not cross the coast of North America but does cross the meridian of 30° West north of the 45th parallel North, the operator shall pay to the CAA in respect of each crossing upon completion thereof, one third of the amount of the charges specified in paragraph (1).
5
If the CAA is unable, after taking reasonable steps, to ascertain who is the operator, it may give notice to the owner of the aircraft that it will treat him as the operator until he establishes to the reasonable satisfaction of the CAA that some other person is the operator; and from the time when the notice is given the CAA shall be entitled, for so long as the owner is unable to establish as aforesaid that some other person is the operator, to treat the owner as if he were the operator, and for that purpose the provisions of these Regulations (other than this paragraph) shall apply to the owner as if he were the operator.
6
For the purposes of this regulation —
a
a crossing shall be counted whether or not the aircraft takes off or lands in the areas mentioned;
b
“Europe” shall not include Iceland or the Azores.
Dispensations
5
The CAA may dispense wholly or in part with any charge payable under regulation 4 of these Regulations, if it determines that it is proper to do so, having regard to all the circumstances of the case.
Detention and sale of the aircraft for unpaid charges
6
Where default is made in the payment of charges incurred in respect of any aircraft under these Regulations, the CAA or an authorised person may, subject to the provisions of this and the following regulations, take such steps as are necessary to detain, pending payment, either,
a
the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
b
any other aircraft of which the person in default is the operator at the time when the detention begins;
and if the charges are not paid within 56 days of the date when the detention begins, the CAA may, subject to the following regulations, sell the aircraft in order to satisfy the charges.
7
The CAA or the authorised person concerned shall not detain, or continue to detain, an aircraft under these Regulations by reason of any alleged default in the payment of charges payable under these Regulations if the operator of the aircraft or any other person claiming an interest therein —
a
disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 6(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
b
gives to the CAA, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
8
The CAA shall not sell an aircraft under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to the CAA for charges under these Regulations, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell is liable to sale under these Regulations by reason of the default.
9
The CAA shall, before applying to the court for leave to sell an aircraft under these Regulations, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in Schedule 2 to these Regulations. If such leave is given, the CAA shall secure that the aircraft is sold for the best price that can reasonably be obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
10
The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say —
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of the charges in respect of any aircraft which the court has found to be due from the operator by virtue of these or any other Regulations under section 73 of the Civil Aviation Act 1982;
d
in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.
11
The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 7 and 10 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
12
The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
13
The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on an aerodrome to which section 88 of the Civil Aviation Act 1982 for the time being applies and to Belfast International Airport, Belfast City Airport and Eglinton Airport.
14
Nothing in these Regulations shall prejudice any right of the CAA to recover any charges, or any part thereof, by action.
Disposal by the CAA of charges received under the Regulations
15
1
Subject to paragraphs (2) and (3) of this regulation, the CAA shall remit to the Governments of Denmark and Iceland such sums as it may receive under these Regulations in respect of air navigation services provided respectively by those Governments.
2
The CAA shall deduct from the sums so received a sum of 22.137% thereof and shall remit this sum to the International Civil Aviation Organisation in respect of air navigation services provided by that Organisation.
3
The CAA may deduct from the sums so received and may retain as a fee a sum not exceeding 5% thereof.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
4th December 1997
We consent to the making of regulations 4 and 5 of these Regulations
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
10th December 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Avon Health Authority (Transfers of Trust Property) Order 1997 and shall come into force on 30th July 1997.
2
In this Order: —
“the Authority” means the Avon Health Authority;
“the Schedule” means the Schedule to this Order;
“the trust property” means, in the case of each NHS trust specified in column (1) of the Schedule, the items specified in a schedule of trust property prepared, agreed upon and signed on behalf of the Authority and that NHS trust on the date specified in column (2) of the Schedule in relation to that NHS trust.
Transfer of trust property
2
On 30th July 1997 the trust property which is trust property in relation to an NHS trust specified in the Schedule shall be transferred from the Authority to that NHS trust.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
1st July 1997


text:
1
This Order may be cited as the Channel Tunnel Rail Link (Nomination) Order 1997 and shall come into force on 21st January 1997.
2
In this Order, except where the context otherwise requires, any reference to —
a
a numbered Part is a reference to the Part so numbered in the Channel Tunnel Rail Link Act 1996;
b
a numbered section is a reference to the section so numbered in that Act;
c
a numbered Schedule is a reference to the Schedule so numbered in that Act; and
d
the excluded works is to:
i
Works Nos. 4AA, 4C, 4D, 4E, 4F, 4G, 4H, 4K, 4MM, 4N, 4P, 4Q, 4R, 4S and 5R;
ii
such parts of the works comprised within Works Nos. 4A, 4L or 4J as are indicated in blue on the drawing marked “The Channel Tunnel Rail Link (Nomination) Order 1997; drawing no. D/EI/488-040/000023/0A”, signed by authority of the Secretary of State for Transport, dated 30th December 1996, and deposited in the Department of Transport Information Centre, Great Minster House, 76 Marsham Street, London SW1P 4DR; and
iii
such parts of the works authorised by Part I as are comprised within the description of the Thameslink Completion works set out in the Schedule below.
3
1
Eurostar ( U.K. ) Limited shall be the nominated undertaker for all purposes of such provisions of Part I as are specified below (being some of the provisions in which the nominated undertaker is expressly referred to), other than in relation to the excluded works:
a
sections 1, 7, 8, 27, 28, 30, 32, 36, 37 and 39; and
b
Schedules 1 to 8, Part I of Schedule 9, and Schedules 10, 11 and 15.
2
Eurostar (U.K.) Limited shall in addition be the nominated undertaker for the purposes of any other provision of Part I so far as relating to or consequential on the matters set out in the provisions referred to in paragraph (1) above.
George Young
Secretary of State,
Department of Transport
3rd January 1997


text:
Citation, commencement and application
1
1
This Order may be cited as the the Derbyshire County Council (City of Derby) (Staff Transfer) Order 1997 and shall come into force on 1st April 1997.
2
This Order makes provisions which are consequential or supplementary to the Derbyshire (City of Derby) (Structural Change) Order 1995 .
Interpretation
2
In this Order
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“designated list” means the list marked “The Derbyshire County Council (City of Derby) (Staff Transfer) Order 1997 Designated List” which is signed by the Secretary of State for the Environment, one copy of which is deposited with the Derby City Council, one with the Derbyshire County Council and one in the offices of the Secretary of State for the Environment;
“employee” means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1997, but does not include a person whose employment is on a temporary basis and who on 31st March 1997 has had a continuous period of employment (when calculated in accordance with sections 210 to 219 of the Employment Rights Act 1996 ) of less than two years.
Transfer of staff
3
1
This article shall apply to any employee (a “designated employee”) —
a
who immediately before 1st April 1997 (“the reorganisation date”) was employed by the Derbyshire County Council;
b
whose employment would continue but for the transfer of functions to the City of Derby; and
c
whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect as if originally made between that employee and the Derby City Council.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
24th February 1997


text:
1
This Order may be cited as the Export of Goods (United Nations Sanctions) (Sierra Leone) Order 1997 and shall come into force on 15th October 1997.
2
1
The export to any destination in Sierra Leone is prohibited of any goods specified in the Schedule to this Order.
2
Articles 3(a) and 4 to 8 of the Export of Goods (Control) Order 1994 shall apply as if the provisions of this Article were included in that Order and as if the goods the export of which is prohibited by this Article were specified in Part III of Schedule 1 to that Order.
3
In Schedule 3 to the said Order of 1994, “Sierra Leone” shall be inserted after “Rwanda”.
A. J. Mantle,
An official of the
Department of Trade and Industry authorised to act on behalf of the Secretary of State
14th October 1997


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Carriage of Cargoes) (Amendment) Regulations 1997 and shall come into force on 1st November 1997.
Amendment of regulations
2
The Merchant Shipping (Carriage of Cargoes) Regulations 1997 shall be amended as follows.
3
In regulation 2 —
a
in paragraph (1) the following definitions shall be inserted in appropriate alphabetical positions —
“Cargo Securing Manual” means a manual drawn up to the standard contained in the Maritime Safety Committee Circular of the Organisation, MSC /Circ. 745, dated 13th June 1996, and approved, in the case of United Kingdom ships by the Secretary of State, or in the case of other ships by or on behalf of the flag state;
“cargo ship” means a ship which is not a passenger ship, troop ship, pleasure vessel or fishing vessel;
“flag state” in relation to a ship means the State in which the ship is registered or if unregistered whose flag it is entitled to fly;
“in bulk” means directly or without intermediate form of containment in a hold tank or cargo space forming a structural part of, or permanently attached to a ship;
“passenger ship” means a ship carrying more than 12 persons;
“roll-on/roll-off cargo spaces” means spaces not normally subdivided in any way and extending to either a substantial length or the entire length of the ship in which the goods (packaged or in bulk, in or on rail or road cars, vehicles (including road or rail tankers), trailers, containers, pallets, demountable tanks or in or on similar stowage units or other receptacles) can be loaded and unloaded normally in a horizontal direction,
“tons” means gross tons and shall be —
for a ship having alternative gross tonnages under paragraph 13 of Schedule 5 to the Merchant Shipping (Tonnage) Regulations 1982 , permitted to be used pursuant to regulation 12(1) of the Merchant Shipping (Tonnage) Regulations 1997 , the larger of those tonnages; and
for a ship having its tonnage determined both under Part II and regulation 16 of those 1997 Regulations its gross tonnage as determined under regulation 16;
; and
4
In regulation 3 —
a
in paragraph (1), the words “Subject to paragraph (2) below” shall be omitted; and
b
paragraph (2) shall be omitted.
5
In regulation 4 for paragraph (1) there shall be substituted the following paragraph —
1
a
The shipper shall, subject to paragraph (4) below, provide such information to the operator or master sufficiently in advance of loading as is necessary to enable them to ensure that —
i
the different commodities to be carried are compatible with each other or suitably separated;
ii
the cargo is suitable for the ship;
iii
the ship is suitable for the cargo; and
iv
the cargo can be safely stowed and secured on board the ship and transported under all expected conditions during the intended voyage.
b
The cargo information referred to in sub-paragraph (a) shall include:
i
in the case of general cargo and cargo carried in cargo units, a general description of the cargo, the gross mass of the cargo or cargo units and any relevant special properties of the cargo;
ii
in the case of bulk cargoes, information on the stowage factor of the cargo, the trimming procedures and, in the case of a concentrate or other cargo which may liquify, additional information in the form of a certificate indicating the moisture content of the cargo and its transportable moisture limit;
iii
in the case of bulk cargoes which are not classified in accordance with Regulation VII /2 of the SOLAS Convention, but have chemical properties that may create a potential hazard, information on its chemical properties in addition to that required by sub-paragraph (ii) above.
6
In regulation 5 for paragraph (4) there shall be substituted the following paragraphs —
4
On and after 1st January 1998 the appropriate documentation referred to in paragraph (1) above for ships of the following descriptions —
i
all ships engaged on international voyages;
ii
passenger ships engaged on voyages other than international voyages; and
iii
cargo ships of 500 gross tons or over engaged on voyages other than international voyages;
carrying cargoes other than solid bulk cargoes shall additionally consist of a Cargo Securing Manual.
5
An operator or master who contravenes paragraph (1) or (3) above shall be guilty of an offence.
.
7
In regulation 6 paragraph (1) —
a
at end of sub-paragraph (b) the word “and” shall be omitted; and
b
after sub-paragraph (c) there shall be inserted the following sub-paragraphs —
and
d
cargo on board all ships to which regulation 5(4) is applicable shall be stowed and secured throughout any voyage in accordance with the Cargo Securing Manual; and
e
cargo on board all ships to which regulation 5(4) is applicable with roll-on/roll-off cargo spaces, shall be stowed and secured in accordance with the Cargo Securing Manual before the ship leaves a berth.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
24th September 1997


text:
Title and commencement
1
This Scheme may be cited as the Food Industry Development Scheme 1997 and shall come into force on 1st December 1997.
Interpretation
2
In this Scheme, unless the context otherwise requires —
“applicant” means the person who has made an application for grant under this Scheme and “application” shall be construed accordingly;
“association” means trade association and any other association of bodies which have grouped together for the purpose of making an application;
“partnership” means a group of people or businesses who have come together to carry out the objectives of an application and does not necessarily mean a legally constituted partnership, and “partners” shall be construed accordingly; and
“proposal” means an application which has been approved for payment of grant under this Scheme by the appropriate Minister.
Delegation
3
Any discretion under this Scheme exercisable by the Secretary of State for Scotland or the Secretary of State for Wales as to the payment of grant, as to the manner and timing of payment of grant and as to the amount of grant may be exercised by the Minister of Agriculture, Fisheries and Food as his delegate and their respective functions in connection with the administration of the Scheme may be carried out by that Minister.
Scope of the Scheme
4
1
In accordance with the following provisions of this Scheme the appropriate Minister may pay to any person satisfying the conditions set out in paragraph 5 below a grant representing any sum up to the specified percentage of the expenditure on eligible items (as referred to in paragraph 8 below) which has been incurred by that person in carrying out a proposal for the organisation, promotion, encouragement, development, co-ordination or facilitation of the marketing in Great Britain or elsewhere of —
a
the produce of agriculture (including horticulture);
b
the produce of fish farming;
c
the produce of an activity specified for the purposes of section 50(2) of the Agriculture Act 1993 by order made by the Ministers; or
d
anything derived from produce falling within any of paragraphs (a) to (c) above.
2
For the purposes of this Scheme, where the person referred to in sub-paragraph (1) above as satisfying those conditions is a partnership, the expenditure of each partner shall be regarded as included in partnership expenditure.
3
In sub-paragraph (1) above “the specified percentage”, in relation to expenditure incurred on eligible items, means —
a
in cases other than those to which paragraph (b) of this sub-paragraph applies, 50%, and
b
in cases where contributions under paragraph 9 below have been made —
i
such percentage as is equal to the sum of 50% of the expenditure so incurred plus 50% of the expenditure on those contributions, or
ii
100% of the expenditure so incurred,
whichever is the lower.
Eligibility for consideration for the payment of a grant under the Scheme
5
1
Applications may be made by associations or partnerships and from time to time the appropriate Minister may indicate that he will also accept applications from individual persons or bodies corporate.
2
In order to be considered for the payment of a grant under this Scheme, an applicant must demonstrate to the satisfaction of the appropriate Minister that the purpose of the application is to improve business performance or increase business activity within the food industry.
3
No application shall be eligible to be considered for the payment of a grant under this Scheme unless the applicant declares —
a
that the application would not be carried out but for the grant; and
b
that no assistance in respect of expenditure for which the grant is to be made is to be given under any enactment other than section 50 of the Agriculture Act 1993 or under any instrument of the European Economic Community.
Applications for grants under the Scheme
6
1
Any person wishing to be considered for the payment of a grant under this Scheme shall apply for such a grant in such a way as the appropriate Minister may from time to time determine.
2
The appropriate Minister shall, from time to time, invite applications for grant, under this Scheme, such applications to be submitted by such deadlines as he decides.
3
In considering whether or not to approve an application for a grant under this Scheme the appropriate Minister —
a
shall have regard to the considerations set out in Schedule 1 to this Scheme; and
b
may seek the advice of any specialist in order to assess the merits of the proposal to which the application relates.
4
A person may apply for more than one grant under this Scheme.
5
In making an offer to pay a grant under this Scheme, the appropriate Minister shall indicate to the applicant how long the proposal to which the grant relates will be funded under it, and any particular conditions which will apply to that grant.
6
Each application shall contain the following information —
a
an indication of the area of the food industry it aims to benefit;
b
an explanation of why payment of grant under this Scheme is necessary to achieve the benefits described in the application;
c
evidence of the financial position of the applicant and (if the applicant is a partnership) of the partners concerned with the application;
d
a description of the objectives of the application and of the benefit to the food industry and to the United Kingdom’s economy should grant under this Scheme be paid to the applicant;
e
a description as to how progress towards the achievement of objectives contained in the application will be monitored;
f
a description as to how the success of the application would be measured on completion if grant aid were to be paid to the applicant under this Scheme; and
g
a plan for the application of the results of achieving those objectives and for the dissemination of key information to the relevant parts of the food industry.
Priority in approving applications under the Food Industry Development Scheme
7
1
In the event that the total of the grant sought at a particular time by all applicants whose applications are suitable to be approved under the conditions set out in this Scheme exceeds the funds then available to the appropriate Minister to make grant payments, then the appropriate Minister shall so approve them in order of priority based on which of the applications in question best meets the considerations set out in Schedule 1 to this Scheme, until the availability of the funds in question is exhausted.
2
In Schedule 1 to this Scheme, “small and medium sized enterprises” means enterprises which the appropriate Minister considers to be such, and for the purpose of considering that matter, he may take into account the meaning given in —
a
the Annex to Commission Recommendation 96/280/ EC on the definition of small and medium sized enterprises, and
b
any future amendment to or replacement of that Recommendation.
Items eligible for payments of grant
8
The items expenditure on which is eligible for payments of grant under this Scheme are set out in Schedule 2 and in paragraph 9 of this Scheme.
Contributions from non-applicants
9
1
Where contributions to expenditure on proposal items referred to in paragraph 8 above are made by a person within this paragraph, those contributions shall be regarded as items expenditure on which is eligible for payment of grant under this Scheme.
2
A person comes within this paragraph where —
a
he is not the applicant or a partner of the applicant; and
b
no charge has been or is to be made for his contributions.
Use of information
10
1
Subject to sub-paragraph (2) of this paragraph, no person may be paid a grant under this Scheme unless he has given to the appropriate Minister his written consent to the use by that Minister of information about the proposal for which the grant is sought.
2
Such consent may be given subject to the condition that to the extent that the applicant can show to the appropriate Minister’s satisfaction, that disclosure of such information would give rise to a significant risk of detriment to the applicant’s commercial interests, then no such disclosure shall take place.
Record-keeping
11
Each person to whom a grant is paid under this Scheme shall —
a
keep records of all financial transactions connected with the proposal to which the grant relates for a period of at least one year after the cessation of the funding of that proposal; and
b
comply with any reasonable request made by any person duly authorised by the appropriate Minister for the purposes of this Scheme to disclose to that person any of the records referred to in sub-paragraph (a) of this paragraph.
Prior written consent
12
The carrying out of any proposal funded under this Scheme shall not be commenced without the written consent of the appropriate Minister.
Variation and withdrawal of proposals
13
1
The appropriate Minister may permit the recipient of a grant under this Scheme —
a
to vary the proposal to which the grant relates; or
b
to withdraw that proposal,
on written notice of such variation or withdrawal being given to him by that recipient.
2
Where a proposal is withdrawn in accordance with sub-paragraph (1)(b) of this paragraph the appropriate Minister may on demand recover the whole or any part of a grant already paid with reference to the proposal.
Payment of grant
14
Unless the appropriate Minister otherwise agrees in writing, each claim for payment of grant must be accompanied by a written report which shall include —
a
details of progress of any work in accordance with any time-scale agreed as part of the conditions for payment of grant;
b
any change in the nature or scale of the proposal; and
c
any change in the ownership of, or beneficial interest in, any asset purchased as part of the proposal.
Right to inspect
15
It shall be a condition of any payment of grant under the Scheme that any person duly authorised by the appropriate Minister shall have the right to inspect at any reasonable time any work carried out in connection with the proposal for which grant has been approved and to require such further information to be supplied by the applicant as would appear to him to be necessary.
Donoughue
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
4th November 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
4th November 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
7th November 1997
We approve,
Jon Owen Jones
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
5th November 1997