text:
Title, extent and commencement
1
These Regulations may be cited as the Potatoes Originating in The Netherlands Regulations 1997, shall extend to Great Britain and shall come into force on 11th October 1997.
Revocation
2
The Potatoes Originating in The Netherlands Regulations 1996 are hereby revoked.
Interpretation
3
In these Regulations —
“ the Decision ” means Commission Decision 95/506/ EC authorising member States temporarily to take additional measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards the Kingdom of The Netherlands ;
“inspector” means any person authorised to be an inspector for the purposes of the Order ;
“the Order” means the Plant Health (Great Britain) Order 1993 ;
“originating in The Netherlands” means grown in 1997 in The Netherlands;
“potato” means any tuber or true seed or any other plant of Solanum tuberosum L. or other tuber-forming species or hybrid of the genus Solanum L.;
“seed potato” means any potato intended for planting.
Notification of imports of potatoes originating in The Netherlands
4
1
No person shall import into England or Wales any potatoes which he knows or has reasonable cause to suspect to have originated in The Netherlands unless he has given written notification to an inspector, at least two days prior to the intended date of introduction into England or Wales of the potatoes, of his intention to import the potatoes and of —
a
the proposed time, date and means of introduction;
b
the proposed point of entry;
c
the intended use of the potatoes;
d
in the case of seed potatoes or potatoes intended for processing, the proposed destination of the potatoes;
e
the variety of the potatoes;
f
the quantity of potatoes; and
g
the producer’s identification number or the reference number of the lot.
2
No person shall import into Scotland any potatoes which he knows or has reasonable cause to suspect to have originated in The Netherlands unless he has given written notification to the Secretary of State, at least two days prior to the intended date of introduction into Scotland of the potatoes, of his intention to import the potatoes and of the information specified in sub-paragraphs (a) to (g) of paragraph (1) above in respect of the potatoes.
3
Any person who, before the commencement of these Regulations, imported into England and Wales any potatoes which he knew or had reasonable cause to suspect to have originated in The Netherlands shall, no later than 31st October 1997, give written notification to an inspector of —
a
the date the potatoes were imported;
b
the point of entry;
c
the intended use of the potatoes;
d
in the case of seed potatoes or potatoes intended for processing, the destination or proposed destination of the potatoes;
e
the variety of the potatoes;
f
the quantity of potatoes; and
g
the producer’s identification number or the reference number of the lot.
4
Any person who, before the commencement of these Regulations, imported into Scotland any potatoes which he knew or had reasonable cause to suspect to have originated in The Netherlands shall, no later than 31st October 1997, give written notification to the Secretary of State of the information specified in sub-paragraphs (a) to (g) of paragraph (3) above in respect of the potatoes.
5
In this regulation, “processing” means any industrial treatment including washing but excluding packing for retail sale.
Powers of an inspector
5
1
Without prejudice to the circumstances in which an inspector may by virtue of the Order exercise the powers conferred by articles 22 to 25 of that Order, an inspector who has reasonable grounds for suspecting that any person has or will have in his possession potatoes originating in The Netherlands may exercise any of those powers in respect of such potatoes.
2
For the purposes of the Order (including article 33 (offences)), any power exercised by virtue of paragraph (1) above shall be treated as a power exercised under that Order.
Charges in respect of the sampling of imports of seed potatoes
6
1
Where the power to take samples conferred by article 25(1)(a) of the Order is exercised by an inspector in respect of seed potatoes originating in The Netherlands in order to ascertain whether, for the purposes of article 2 of the Decision, those potatoes are infected with Pseudomonas solanacearum (Smith) Smith, there shall be payable by the person required to give notification under regulation 4 in respect of those potatoes a fee of £116.
2
The fee prescribed by paragraph (1) shall be payable —
a
in the case of seed potatoes intended for planting in England or Wales, to the Minister of Agriculture, Fisheries and Food;
b
in the case of seed potatoes intended for planting in Scotland, to the Secretary of State.
Offences
7
1
A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him, he contravenes or fails to comply with regulation 4 above.
2
A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
8th October 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
10th October 1997


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Wiltshire (Coroners) Order 1997 and shall come into force on 1st April 1997.
2
1
There shall be a single coroner’s district, called the Wiltshire and Thamesdown Coroner’s District, for the Counties of Wiltshire and Thamesdown (which county comes into existence on 1st April 1997 by virtue of article 8(2) of the Wiltshire (Borough of Thamesdown) (Structural Change) Order 1995 ).
2
The Council of the County of Wiltshire shall be the relevant council within the meaning of section 1(1A) of the Coroners Act 1988 for the coroner’s district constituted by paragraph (1) above.
3
The person who, at 31st March 1997, is the coroner for the County of Wiltshire shall be deemed on 1st April 1997 to be appointed coroner for the coroner’s district constituted by paragraph (1) above.
4
Any person who, at 31st March 1997, is a deputy or assistant deputy coroner for the County of Wiltshire shall be deemed on 1st April 1997 to be appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above.
3
1
On 1st April 1997, any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for the County of Wiltshire shall be deemed to have been issued, made, given, begun or done by or to the coroner for the coroner’s district constituted by article 2(1) above.
2
All documents, exhibits, registers and other things in the custody of the coroner for the County of Wiltshire in connection with inquests or post-mortem investigations shall be transferred to the coroner for the coroner’s district constituted by article 2(1) above.
3
In this article “coroner” includes any deputy coroner or assistant deputy coroner.
Tom Sackville
Parliamentary Under-Secretary of State
Home Office
21st February 1997


text:
PART I
PRELIMINARY
Citation and commencement
1
These Rules may be cited as the Courts-Martial (Army) Rules 1997 and shall come into force on 1st April 1997.
Interpretation
2
In these Rules —
“ the Act ” means the Army Act 1955;
“commanding officer”, in relation to an accused, means such officer having powers of command over that person as may be determined by or under regulations of the Defence Council made under section 82(1) of the Act;
“commencement of the trial” shall be construed in accordance with rule 42;
“formal preliminary examination” shall be construed in accordance with rule 5;
“hearing for directions” shall be construed in accordance with rule 25;
“the judge advocate” —
in relation to a court-martial, means the judge advocate appointed by or on behalf of the Judge Advocate General to be a member of the court-martial;
in relation to preliminary proceedings, means the judge advocate appointed by or on behalf of the Judge Advocate General to conduct any preliminary proceedings;
“preliminary proceedings” includes a hearing for directions and a preparatory hearing but does not include a formal preliminary examination;
“preparatory hearing” shall be construed in accordance with rule 29;
“pre-trial hearing” shall be construed in accordance with rule 37;
“the prosecutor” means the prosecuting authority or any prosecuting officer appointed by the prosecuting authority;
“prosecution papers” has the meaning assigned to it in rule 9; and
“special finding” shall be construed in accordance with rule 71.
Service on an accused
3
1
Unless the context otherwise requires, where under these Rules any document or notice is to be served on an accused by the court administration officer or the prosecutor, it may be served by sending it to the commanding officer of the accused.
2
Where a document or notice is received by the commanding officer in accordance with paragraph (1) above, the commanding officer or a person on his behalf shall serve it on the accused as soon as is practicable.
PART II
PROSECUTION OF OFFENCES
Referring a case to the prosecuting authority
4
If the higher authority refers a case in respect of an accused to the prosecuting authority in accordance with section 76A(i) of the Act, he shall forward to the prosecuting authority —
a
a copy of any report concerning the case prepared by the Royal Military Police or other investigator;
b
any allegation reported to the commanding officer of the accused in the form of a charge under section 76(1) of the Act and details of any substitution or amendment of that charge under section 76(3) of the Act;
c
a list of any potential witnesses;
d
any written statements or written record of evidence of the potential witnesses;
e
any statements made by the accused including records or transcripts of interviews conducted under caution;
f
a list of any exhibits;
g
a copy of any conduct sheets of the accused;
h
any other information in the possession of the higher authority which may be material to the prosecutor’s consideration of the institution of proceedings.
Formal preliminary examination
5
1
Where a case in respect of an accused has been forwarded to the prosecuting authority but he has not preferred any charge, the prosecutor may order an examination under this rule and such an examination shall in these Rules be referred to as a formal preliminary examination.
2
The order for a formal preliminary examination shall —
a
appoint the date, time and place at which the formal preliminary examination shall take place;
b
state the nature of the allegations against the accused;
c
list the witnesses whom the prosecutor requires to examine orally; and
d
list the witnesses whose written statements or other record of evidence are to be read out.
3
The order shall be served on the accused and the court administration officer not less than 24 hours before the time appointed for the formal preliminary examination.
4
On receipt of the order, the court administration officer —
a
shall summon to attend the formal preliminary examination —
i
the witnesses listed in the order whom the prosecutor seeks to examine orally; and
ii
such additional witnesses as the accused may request;
b
may arrange for the attendance at the formal preliminary examination of a court recorder and interpreter.
Conduct of formal preliminary examination
6
1
A formal preliminary examination shall be conducted by an officer of the legal services branch of any corps of the regular forces (“the conducting officer”).
2
Subject to paragraph (4) below, each witness whom the prosecutor seeks to examine orally shall be examined by the conducting officer, after which the accused shall be entitled to cross-examine the witness.
3
A signed written statement or other record of the evidence of each witness listed under rule 5(2)(d) above shall be read out by the conducting officer, unless the accused consents to their inclusion in the record of the examination without being read out.
4
If —
a
the case being investigated concerns behaviour of a violent, cruel or sexual nature; and
b
the relevant witness is a person under the age of 17,
then —
i
the conducting officer may read out any written statement made by or taken from the witness which would be admissible if given orally; and
ii
the accused may not cross-examine the witness in person.
5
During the formal preliminary examination the conducting officer may summon any witness to attend the examination and give oral evidence.
6
After paragraphs (2) and (3) above have been complied with, the conducting officer shall explain to the accused —
a
that he may give evidence if he so wishes but he is not obliged to do so;
b
the consequences of choosing to remain silent; and
c
that he may call witnesses on his behalf.
7
Any witness for the accused (including the accused himself) may give evidence orally but shall not be subject to cross-examination, except that the conducting officer may ask a question where it is necessary to resolve an ambiguity or to enable the evidence to be recorded in a coherent form.
8
Except where the witness is a person under the age of 14, any evidence given orally during the formal preliminary examination shall be given on oath, administered by the conducting officer.
9
Any evidence given orally during the formal preliminary examination shall be recorded by the conducting officer or a court recorder.
10
Where the evidence is recorded in writing, the record of his evidence shall be read back to the witness at the conclusion of his evidence, corrected where necessary and signed by him.
11
A copy of any statement read out in accordance with paragraph (3) or (4) above and the transcript of any shorthand note or mechanical record shall be included in the record of the examination.
12
After the conclusion of the formal preliminary examination, the conducting officer shall deliver the record of the examination to the prosecuting authority.
Charge sheet
7
1
A charge sheet shall state —
a
the name, service number and rank of the accused;
b
the name of the unit, if any, in which the accused is serving;
c
particulars of how the accused is subject to military law or otherwise triable under the Act;
d
any charge preferred against the accused; and
e
whether any charge preferred against the accused is to be tried by general court-martial or district court-martial.
2
A charge sheet shall be signed and dated by the prosecutor.
Charges and joinder
8
The rules contained in Schedule 1 to these Rules shall be observed in proceedings before courts-martial.
Notifying the accused’s commanding officer
9
1
Where the prosecutor has preferred a charge against an accused to be tried by court-martial, the prosecutor shall notify the commanding officer of the accused of the charge by sending to the commanding officer the prosecution papers.
2
In these Rules,“the prosecution papers” means —
a
a copy of the charge sheet;
b
a list of any witnesses whom the prosecutor proposes to call;
c
copies of any statements of the prosecution witnesses, or other record of their evidence;
d
a list of any exhibits which the prosecutor proposes to put in evidence and copies of those exhibits or details of their whereabouts;
e
a copy of any conduct sheets of the accused; and
f
a list of all unused material.
Notifying the court administration officer
10
1
The prosecutor shall notify the court administration officer of any charge which he has preferred by sending to him a copy of the prosecution papers.
2
On receipt of a copy of the prosecution papers from the prosecutor, the court administration officer shall send a copy of the prosecution papers to the Judge Advocate General (or his deputy).
Notification of trial
11
1
This rule applies where the commanding officer has been notified in respect of an accused under his command that the prosecutor has preferred a charge.
2
As soon as is practicable after receipt of the prosecution papers, the commanding officer shall notify the accused that he is to be tried by court-martial.
3
On notifying the accused in accordance with paragraph (2) above, the commanding officer shall serve the accused with —
a
the prosecution papers;
b
where so required by the prosecutor, a statement explaining the effect of section 11 of the Criminal Justice Act 1967 (notice of alibi) and a form for the accused’s notice of alibi;
c
a form for notifying the court administration officer of the accused’s legal adviser; and
d
a form for acknowledgement of receipt.
Discontinuing proceedings before trial
12
If before the commencement of the trial of a charge the prosecutor discontinues proceedings on that charge, he shall serve notice in writing on the accused and the court administration officer.
Description of the court-martial
13
If before the commencement of the trial of a charge the prosecutor determines that any charge should be tried by a court-martial of a different description from that contained in the initial charge sheet, he shall serve notice in writing on the accused and the court administration officer.
Amending charges and additional charges before trial
14
1
If before the commencement of the trial of a charge the prosecutor —
a
amends, or substitutes another charge or charges for, that charge;
b
prefers an additional charge against the accused and directs that the additional charge shall be tried at the same court-martial trial as the original charge,
he shall serve notice on the accused and the court administration officer.
2
Except with the consent of the accused, notice under paragraph (1) above shall not be served less than 24 hours before the time appointed for the trial of the original charge.
3
Where the prosecutor is required to serve notice on the accused in accordance with this rule, he shall do so by sending to the commanding officer of the accused or, with the consent of the accused, by serving directly on the accused —
a
a copy of the amended charge sheet;
b
any papers which are required to be added to the prosecution papers as a result of amending the charge sheet; and
c
where in the opinion of the prosecutor it is necessary, a statement explaining the effect of section 11 of the Criminal Justice Act 1967 and a form for the accused’s notice of alibi.
4
Where any document is received by the commanding officer in accordance with paragraph (3) above, he shall serve it on the accused as soon as is practicable.
5
Where the prosecutor is required to serve notice on the court administration officer in accordance with this rule, he shall do so by sending to the court administration officer or, if less than 24 hours before the time appointed for the trial of the original charge, the judge advocate —
a
a copy of the amended charge sheet; and
b
any papers which are required to be added to the prosecution papers as a result of amending the charge sheet.
PART III
GENERAL MATTERS
Conduct of the defence
15
1
An accused who has been notified that he is to be tried by court-martial shall be afforded a proper opportunity for preparing his defence.
2
A defending officer shall be appointed by the commanding officer of the accused to assist the accused to prepare and conduct his defence, unless the accused states in writing that he does not wish such an appointment to be made.
3
The accused may appoint a legal adviser to act for him and any right or responsibility which accrues to the accused by virtue of these Rules (except pleading to a charge) may be exercised by the accused’s legal adviser on his behalf.
4
The accused shall inform the court administration officer of the name and address of his legal adviser as soon as is practicable after a legal adviser has been appointed.
5
A legal adviser may represent an accused at a formal preliminary examination, at any preliminary proceedings and before a court-martial if he is —
a
a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 ;
b
an advocate or a solicitor in Scotland;
c
a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland; or
d
a person who has in any Commonwealth country rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
Convening the court
16
1
On receipt of a copy of the prosecution papers, the court administration officer shall order a court-martial to convene to try the accused.
2
Not less than 24 hours before the time appointed for the trial, a copy of the convening order shall be served on —
a
the accused; and
b
the officer members of the court, the Judge Advocate General (or his deputy) and the prosecuting authority,
3
If the court administration officer amends or withdraws the order convening the court-martial, he shall serve a copy of the amended order or serve notice in writing as appropriate on —
a
the accused; and
b
the officer members of the court, the Judge Advocate General (or his deputy) and the prosecuting authority.
4
The court administration officer may not withdraw the order convening a court-martial after the time appointed for the trial.
Ineligibility for membership of courts-martial
17
An officer shall not be eligible to be a member of a court-martial for the trial of an accused if —
a
he serves under the command of —
i
the higher authority who referred the case against the accused to the prosecuting authority;
ii
the prosecuting authority; or
iii
the court administration officer;
b
he —
i
has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;
ii
is an advocate or a solicitor in Scotland;
iii
is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland;
iv
has in any Commonwealth country rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
Appointment of court officials
18
The court administration officer may appoint at any time a person or persons to act as —
a
court recorder;
b
interpreter,
at a court-martial or at any preliminary proceedings.
Delegation of the court administration officer’s functions
19
The court administration officer appointed by the Defence Council in accordance with section 84A of the Act may delegate any of his functions to persons appointed to act as court administration officers under his direction.
Additional evidence before trial
20
If before the commencement of the trial the prosecutor wishes to adduce at trial any evidence additional to that contained in the prosecution papers, he shall serve a copy of the additional evidence (or details of its whereabouts) on the accused and the court administration officer.
Witness not called by the prosecutor
21
1
This rule applies where the prosecutor does not intend to call as a witness —
a
any person whose statement or record of evidence has been served on the accused as part of the evidence for the prosecution; or
b
any person in respect of whose evidence he has served notice under rule 56 below.
2
Where this rule applies, unless the accused waives the requirement, the prosecutor shall —
a
serve notice in writing on the accused that he does not intend to call that person; or
b
tender that person at trial for cross-examination by the accused.
Witnesses for the accused
22
1
As soon as is practicable after the accused has been notified that he is to be tried by court-martial, the court administration officer shall notify the accused that any person whom he reasonably requires to give evidence at preliminary proceedings or the court-martial may be summoned on his behalf by the court administration officer.
2
If the accused requests the court administration officer to summon a witness, the accused shall provide to the court administration officer sufficient information in sufficient time to enable a summons to be served.
3
If in the opinion of the court administration officer it is not reasonable to summon to preliminary proceedings or a court-martial any witness requested by the accused, he shall inform the accused, the Judge Advocate General (or his deputy) and the prosecutor in writing of his decision and the reason for it.
Witness summons
23
1
Where any person is required to give evidence at —
a
a formal preliminary examination;
b
any preliminary proceedings;
c
a court-martial;
the court administration officer may summon the witness by issuing a witness summons in the form set out in Schedule 2 to these Rules.
2
Where any person is required to give evidence at a court-martial, the judge advocate may, after the commencement of the trial, issue a witness summons.
3
A witness summons shall be served on the witness —
a
by delivering it to him personally;
b
by leaving it for him with a person at the witness’s usual place of abode;
c
by post in a letter addressed to him at his last known or usual place of abode; or
d
where the witness is subject to military law, air force law or the Naval Discipline Act 1957 , through his commanding officer.
4
Where any person is served with a witness summons in accordance with this rule, there shall be paid or tendered to him at that time any expenses which by regulations made by the Defence Council are payable to a witness in respect of his attendance.
5
For the purposes of paragraph (4) above —
a
the tender of a warrant or voucher entitling the person to travel free of charge shall constitute tender of his expenses in respect of any travelling required; and
b
the tender of a written undertaking by the court administration officer or the president of the court-martial to defray any other expenses payable under the regulations shall constitute tender in respect of those expenses.
Oaths and affirmations
24
Any oath or affirmation shall be administered in the form and manner set out in Schedule 3 to these Rules.
PART IV
PRELIMINARY PROCEEDINGS
Hearing for directions
25
1
The judge advocate may direct the court administration officer to convene a hearing for the purpose of giving directions —
a
of his own motion; or
b
on the application of the prosecutor or accused for such a hearing;
and such a hearing shall be referred to in these Rules as a hearing for directions.
2
An application for a hearing for directions shall —
a
be made to the Judge Advocate General (or his deputy) in the form set out in Schedule 2 to these Rules; and
b
specify the reason for which it is made.
3
Subject to rule 28 below, the applicant shall serve notice of the application in writing on every other party to the proceedings and the court administration officer.
4
Before directing the court administration officer to convene a hearing for directions, the judge advocate shall afford each party to the proceedings the opportunity of making written representations to him.
5
Paragraph (4) above shall not oblige the judge advocate to afford any party the opportunity of making representations where it appears to him that it would be impracticable to do so, or would cause unnecessary delay, or where the application is made in accordance with rule 28 below.
6
On receipt of a direction from the judge advocate under paragraph (1) above, the court administration officer shall —
a
appoint the date, time and place at which the hearing for directions will take place;
b
issue a notice in writing of the date, time and place appointed;
c
list in the notice such of the matters contained in Schedule 4 to these Rules to be addressed at the hearing as the judge advocate may request;
d
subject to rule 28 below, serve the notice on the parties to the proceedings; and
e
arrange for the attendance at the hearing of a court recorder and, if the judge advocate or any party so requests, an interpreter.
7
If in advance of the hearing the judge advocate so directs, the prosecutor shall —
a
prepare an outline of the prosecution case; and
b
serve a copy of that outline on the accused and the judge advocate.
Hearing for directions in chambers
26
1
A hearing for directions shall take place before the judge advocate in chambers.
2
Except with the leave of the judge advocate and subject to rule 28 below, the only persons entitled to be present at a hearing for directions are the court administration officer, the prosecutor, the accused, the accused’s legal adviser, the court recorder and any interpreter.
Substance of a hearing for directions
27
1
The parties to the proceedings shall address the judge advocate at the hearing for directions on such of the matters contained in Schedule 4 to these Rules as are indicated in the notice convening the hearing.
2
Paragraph (1) above is without prejudice to the right of the judge advocate or any party to the proceedings to raise at the hearing for directions any other matter.
3
The judge advocate may at a hearing for directions make such directions as appear to him to be necessary to secure the proper and efficient trial of the case.
4
Subject to rule 28 below, the court administration officer shall serve a copy of the record of the hearing for directions on the judge advocate, the prosecutor and the accused before the court-martial.
Hearing for directions without notice to the accused
28
1
Where in the public interest it is desirable to seek a direction from the judge advocate without giving notice to the accused, the prosecutor may apply for a hearing for directions in accordance with this rule.
2
Where the prosecutor applies for a hearing for directions under this rule, the judge advocate shall determine whether in the interests of justice such a hearing is necessary.
3
Where the judge advocate grants the prosecutor’s application under this rule, he shall direct that the hearing for directions shall proceed without notice to the accused and without the participation of the accused.
Preparatory hearing
29
1
The judge advocate may direct the court administration officer to convene a hearing for the purpose of giving orders and rulings in preparation for a court-martial —
a
of his own motion; or
b
on the application of the prosecutor or accused for such a hearing;
and such a hearing shall be referred to in these Rules as a preparatory hearing.
2
An application for a preparatory hearing shall —
a
be made to the judge advocate in the form set out in Schedule 2 to these Rules; and
b
specify the reason for which it is made.
3
The applicant shall serve notice in writing of the application with a time estimate of the length of the preparatory hearing on every other party to the proceedings and the court administration officer.
4
Before directing the court administration officer to convene a preparatory hearing, the judge advocate shall afford each party to the proceedings the opportunity of making written representations to him.
5
Paragraph (4) above shall not oblige the judge advocate to afford any party the opportunity of making representations where it appears to him that it would be impracticable to do so, or would cause unnecessary delay.
6
On receipt of a direction from the judge advocate under paragraph (1) above, the court administration officer shall —
a
appoint the date, time and place at which the preparatory hearing will take place;
b
issue a notice in writing of the date, time and place appointed;
c
serve the notice on the parties to the proceedings; and
d
arrange for the attendance at the hearing of a court recorder and, if the judge advocate or any party so requests, an interpreter.
Challenges and oaths at a preparatory hearing
30
1
At the commencement of the preparatory hearing the accused shall be entitled to object to the judge advocate and any interpreter.
2
At the commencement of the preparatory hearing the judge advocate shall administer an oath to any interpreter.
Substance of a preparatory hearing
31
1
At a preparatory hearing the judge advocate may make an order or ruling on —
a
any question as to the admissibility of evidence;
b
any other question of law, practice or procedure relating to the case.
2
An order or ruling made under this rule shall have effect until the conclusion of the court-martial trial unless it appears to the judge advocate on application made to him at any stage during the proceedings that in the interests of justice it should be varied or discharged.
PART V
PROCEEDINGS AT COURT-MARTIAL
The judge advocate
32
1
The judge advocate shall conduct the court-martial in accordance with the law of England and Wales.
2
The judge advocate shall ensure that a proper record of the proceedings is made, in sufficient detail to enable the reviewing authority to follow the course of the proceedings.
The president
33
1
Subject to rule 32 above, the president shall be responsible for ensuring that the trial befits the traditions and standards of the Army.
2
It shall be the duty of the president to ensure that any person present during the proceedings for instruction takes no part in the proceedings and expresses no opinion to the court, on any matter relating to the trial, before the conclusion of the trial.
Sittings and adjournment
34
1
If it appears to the judge advocate necessary in the interests of justice, a court-martial may adjourn from time to time.
2
A court-martial shall not sit on Saturday, Sunday, Christmas Day or Good Friday unless in the opinion of the court it is necessary to do so.
3
A court-martial shall sit at such times and for such periods each day as seem to the court to be reasonable in the circumstances.
Record of proceedings
35
1
The record of proceedings of a court-martial shall include —
a
the record of findings; and
b
the record of sentence, if any.
2
A certified transcript or note of evidence given at the court-martial and any preliminary proceedings shall be kept with the record of proceedings.
3
Any transcript of a shorthand note shall be signed by the shorthand writer.
4
Any transcript of a mechanical record shall be signed by the person who transcribed it.
5
At the conclusion of the trial, the record of proceedings shall be signed by the judge advocate and the president.
Closed court
36
Where a court-martial sits in closed court, any person under instruction is permitted to be present.
Pre-trial hearing
37
1
The judge advocate may direct the court administration officer to order a hearing to take place at the court-martial before the commencement of the trial of an accused —
a
of his own motion; or
b
on the application of the prosecutor or accused for such a hearing;
and such a hearing shall be referred to in these Rules as a pre-trial hearing.
2
An application for a pre-trial hearing shall —
a
be made to the judge advocate in the form set out in Schedule 2 to these Rules; and
b
specify the reason for which it is made.
3
An applicant shall serve notice in writing of the application with a time estimate of the length of the pre-trial hearing on every other party to the proceedings and the court administration officer.
4
Before directing the court administration officer to order a pre-trial hearing, the judge advocate shall afford each party to the proceedings the opportunity of making written representations to him.
5
Paragraph (4) above shall not oblige the judge advocate to afford any party the opportunity of making representations where it appears to him that it would be impracticable to do so, or would cause unnecessary delay.
6
On receipt of a direction from the judge advocate under paragraph (1) above, the court administration officer shall —
a
issue an order convening the court-martial; or
b
if the order convening the court-martial has already been issued, amend the order;
so that the order shall specify —
i
the date and time at which the pre-trial hearing before the judge advocate shall take place; and
ii
the date and time at which the officer members of the court shall convene for the trial.
7
Nothing in this rule shall prevent the judge advocate from ordering a pre-trial hearing after the full court has assembled.
Challenges and oaths at a pre-trial hearing
38
1
Where a pre-trial hearing takes places, rules 40 and 41 below shall be complied with at the beginning of the pre-trial hearing, except that —
a
the accused may not state his objection to any member of the court other than the judge advocate; and
b
the judge advocate shall not administer an oath or affirmation to any officer member of the court,
until after the full court has convened.
2
When paragraph (1) above applies, the application of rules 40 and 41 below in respect of court members not present at the pre-trial hearing shall be modified accordingly.
Substance of a pre-trial hearing
39
1
At a pre-trial hearing the judge advocate may make an order or ruling on —
a
any question as to the admissibility of evidence;
b
any other question of law, practice or procedure relating to the case.
2
An order or ruling made under this rule shall have effect until the conclusion of the court-martial trial unless it appears to the judge advocate on application made to him at any stage during the proceedings that in the interests of justice it should be varied or discharged.
3
If the judge advocate allows any application such that there is no charge remaining to which the accused can be required to plead, he shall direct the court administration officer to dissolve the court.
Challenges by the accused
40
1
This rule applies subject to rule 38 above.
2
When the full court has assembled, the order convening the court-martial (including the name of any officer specified therein) and the names of the judge advocate and any interpreter shall be read to the accused.
3
The accused may object to any person whose name is read out and to any interpreter appointed after the commencement of the trial.
4
If more than one person is objected to, the objection to each shall be considered in the following order —
a
the judge advocate;
b
the president;
c
the other members of the court;
d
any waiting member; and
e
any interpreter.
5
The determination of the judge advocate on any objection shall be announced in open court.
6
If an objection to an officer member other than the president is allowed, any waiting member in respect of whom no objection has been made or allowed shall take his place.
7
Where a court-martial is convened to try two or more accused separately and one accused objects to the president or to any other member of the court, the judge advocate may, if he thinks fit, adjourn the trial of that accused and proceed with the trial of the other accused only.
Administration of oaths and affirmations
41
1
This rule applies subject to rule 38 above.
2
After the accused has been given the opportunity to challenge the members of the court, oaths or affirmations shall be administered in the presence of the accused.
3
The judge advocate, or any other member of the court on his behalf, shall administer an oath or affirmation to —
a
the president;
b
each officer member of the court;
c
any person in attendance for instruction;
d
any interpreter;
e
any witness.
Commencement of the trial
42
1
For the purposes of the Act and these Rules the trial of an accused commences immediately after the last court member has been sworn.
2
If after the commencement of the trial the judge advocate allows any challenge, objection, plea or application such that there is no charge remaining to which the accused can be required to plead, he shall dissolve the court.
Judge advocate sitting alone
43
1
Where —
a
the accused makes a submission of no case to answer; or
b
for any reason the judge advocate is of the opinion that he should rule on a question in the absence of the other members of the court,
the judge advocate may direct the other members of the court to withdraw.
2
If, while the judge advocate is sitting alone in accordance with these Rules, a person commits an offence under section 57 or 101 of the Act, the judge advocate may report the occurrence to —
a
the president; or
b
if the offence is committed during preliminary proceedings and the person is subject to military law, the commanding officer of that person.
Severance
44
1
Where —
a
an accused is charged with more than one offence; or
b
two or more accused are charged in the same charge sheet;
and the judge advocate rules that the fair trial of an accused may be prejudiced if the charges are not severed or that for any other reason it is desirable that the charges are severed, he may —
i
order the court to try only one or more charges;
ii
order that the court to try only one or more accused;
iii
leave any charge or any accused to be tried by a new court.
2
Where an accused is charged in more than one charge sheet and the judge advocate rules that for any reason it is desirable that the court tries only the charge or charges set out in one charge sheet, he may leave the charge or charges set out in any other charge sheet to be tried by a new court.
Arraignment
45
1
The accused shall be arraigned by the judge advocate after the commencement of the trial.
2
The accused need not be arraigned on all the charges in the charge sheet at the same time.
3
Before the accused is arraigned on any charge, the judge advocate shall pass to each member of the court a copy of the charge sheet which shall set out only the charge or charges on which the accused is to be arraigned and any charge which is stated to be an alternative to a charge on which the accused is to be arraigned.
4
The accused shall be required to plead separately to each charge on which he is arraigned.
Guilty plea
46
1
If the accused pleads guilty to a charge, the judge advocate shall, if it appears necessary to him and before the court accepts the plea, satisfy himself that the accused understands —
a
the nature of the charge;
b
the general effect of the plea; and
c
the difference in procedure following pleas of guilty and not guilty.
2
The court shall not accept a plea of guilty if —
a
the judge advocate, having regard to all the circumstances, considers that the court should not accept the plea; or
b
the accused is liable, if convicted, to a sentence of death.
3
Where —
a
a plea of guilty is not accepted by the court; or
b
the accused does not plead to the charge or does not plead to it intelligibly,
the court shall enter a plea of not guilty.
Alternative charges
47
1
Where an accused pleads guilty to the first of two or more alternative charges, the court, if it accepts the plea, shall record a finding of guilty in respect of that charge and shall give the prosecutor leave to discontinue proceedings in respect of any alternative charge or charges.
2
Where an accused pleads guilty to any other of two or more alternative charges, the court shall —
a
if the prosecutor gives his consent —
i
record a finding of guilty on any charge to which the accused has pleaded guilty,
ii
record a finding of not guilty on any alternative charge placed before it on the charge sheet, and
iii
give the prosecutor leave to discontinue proceedings in respect of any further alternative charge or charges; or
b
if the prosecutor does not give the consent referred to in sub-paragraph (a) above, proceed as if the accused had pleaded not guilty to all the charges.
3
If the court records a finding of guilty under paragraph (1) or (2)(a) above and subsequently allows the accused to change his plea under rule 54 below, the court may reinstate and arraign the accused on any alternative charge which was discontinued.
Additional charges during trial
48
1
If after the commencement of the trial the prosecutor intends to seek the leave of the court to prefer an additional charge, he shall, unless the accused waives the requirement, serve notice in writing of such intention on the accused before the application is made.
2
Where notice is served on the accused in accordance with paragraph (1) above, he may apply for an adjournment of the trial.
Changes to the charge sheet during trial
49
1
If after the commencement of the trial the prosecutor intends to —
a
amend, or substitute another charge or charges for, a charge;
b
discontinue proceedings on a charge;
c
prefer an additional charge;
the prosecutor shall seek the leave of the court.
2
Where the court gives leave to discontinue proceedings on a charge, it shall consider whether to give the direction provided for in section 83B(14) of the Act.
Changes to the charge sheet by the court
50
If after the commencement of the trial it appears that, with due regard to the fairness to the accused, it is desirable in the interests of justice to amend a charge, the court may do so.
Procedure after guilty plea
51
1
This rule applies where —
a
the court has accepted only a plea or pleas of guilty; or
b
the court has accepted a plea or pleas of guilty and the prosecutor does not proceed to the trial of any charge to which an accused has pleaded not guilty.
2
This rule applies whether the charge sheet is in respect of one or more than one accused.
3
After the court records a finding of guilty, the prosecutor shall address the court on the facts of the case.
Pleas of guilty and not guilty on one charge sheet
52
1
This rule applies where in respect of one charge sheet —
a
the court has accepted a plea or pleas of guilty;
b
a plea or pleas of not guilty have been entered; and
c
the prosecutor proceeds to the trial of any charge on which a plea of not guilty has been entered.
2
This rule applies whether the charge sheet is in respect of one or more than one accused.
3
Unless the judge advocate directs otherwise, the trial of any charge on which a plea of not guilty has been entered shall proceed in accordance with these Rules before the court considers any guilty plea.
4
After the court has announced its finding on each charge in respect of which a plea of not guilty has been entered, the court shall consider any guilty plea.
5
After the court records a finding of guilty in respect of each charge to which the accused has pleaded guilty, the prosecutor shall address the court on the facts of the case.
Dispute on facts after finding of guilty
53
1
Where after the court has recorded a finding of guilty in respect of any charge there are disputed facts in the case, any issue of fact may be tried.
2
Where an issue of fact is being tried in accordance with this rule —
a
the judge advocate may direct the prosecutor to call any witness to give evidence, and
b
the prosecutor and the accused may, with the leave of the judge advocate, adduce evidence.
3
The court shall sit in closed court while deliberating on its finding on the issue of fact.
4
The finding of the court on the issue of fact shall be determined by a majority of the votes of the members of the court and announced in open court.
5
In the case of an equality of votes on the finding on the issue of fact, the president shall have a second or casting vote.
Change of plea
54
1
At any time before the court closes to deliberate on its finding on a charge, an accused who has pleaded not guilty to the charge may, with the leave of the judge advocate, withdraw his plea and substitute a plea of guilty.
2
At any time before the court closes to deliberate on its sentence on a charge, an accused who has pleaded guilty to the charge may, with the leave of the judge advocate, withdraw his plea and substitute a plea of not guilty.
3
Where an accused changes his plea, the court shall proceed so far as is necessary as if the initial plea to that charge were the plea substituted.
Procedure after not guilty plea
55
Before calling the witnesses for the prosecution, the prosecutor may make an opening address.
Additional evidence during trial
56
1
If after the commencement of the trial the prosecutor intends to adduce evidence additional to that referred to in the prosecution papers, he shall where practicable serve notice in writing of such intention together with the particulars of the additional evidence on the accused and the judge advocate before it is adduced.
2
Where notice and particulars are served on him in accordance with paragraph (1) above, or where evidence is adduced without such notice being given, the accused may apply to the judge advocate for an adjournment of the trial.
Expert evidence
57
1
Expert evidence shall not be adduced at trial without the leave of the judge advocate unless the party proposing to rely on it has served on every other party and the court administration officer, not less than 14 days before the date appointed for the trial, a statement of the substance of the expert evidence.
2
The statement referred to in paragraph (1) above shall be in writing unless every other party consents to it being made orally.
Exhibits
58
1
Any exhibit admitted in evidence shall be marked sequentially with either a number or a letter.
2
Each exhibit or a label attached to each exhibit shall be signed by the judge advocate.
3
Each exhibit shall be retained with the record of proceedings, unless in the opinion of the judge advocate having regard to the nature of the exhibit or for other good reason it is not expedient to retain the exhibit with the record.
4
Where an exhibit is not retained with the record of proceedings, the judge advocate shall ensure that proper steps are taken for its safe custody.
Presence of witnesses
59
1
Except for the accused and any expert or character witness, a witness as to fact shall not, except by leave of the judge advocate, be in court while not under examination.
2
If while a witness is under examination a question arises as to the admissibility of a question or otherwise with regard to the evidence, the judge advocate may direct the witness to withdraw until the question is determined.
3
The judge advocate may direct any expert or character witness present in court to withdraw if the judge advocate considers in the interests of justice that his presence is undesirable.
Evidence through television link
60
1
Any application by the prosecutor or an accused for leave under section 32 of the Criminal Justice Act 1988 for evidence to be given by a witness through a live television link shall be made as soon as is practicable after the commencement of the trial.
2
An application may not be made under paragraph (1) above without the leave of the judge advocate unless not less than 28 days before the date appointed for the trial the party making the application has served a notice in the form set out in Schedule 2 to these Rules on every other party, the court administration officer and the Judge Advocate General (or his deputy) stating —
a
the grounds of the application;
b
the name of the witness;
c
where the witness is under the age of 18, the date of birth of the witness;
d
the country and place where it is proposed the witness will be when giving evidence; and
e
the name, occupation and relationship to the witness of any person proposed to accompany the witness and the grounds for believing that person should accompany the witness.
3
Where the court gives leave for a witness under the age of 14 to give evidence through a live television link, the witness shall be accompanied by a person acceptable to the court and, unless the court otherwise directs, by no other person.
Video recordings of testimony from child witnesses
61
1
Any application by the prosecutor or an accused for leave under section 32A of the Criminal Justice Act 1988 for evidence to be given by a witness by means of a video recording shall be made as soon as is practicable after the commencement of the trial.
2
An application may not be made under paragraph (1) above without the leave of the judge advocate unless not less than 28 days before the date appointed for the trial the party making the application has served a notice in the form set out in Schedule 2 to these Rules together with a copy of the video recording to which the application relates on every other party, the court administration officer and the Judge Advocate General (or his deputy) stating —
a
the grounds of the application;
b
where the witness is under the age of 18, the date of birth of the witness;
c
the name of the witness;
d
the date on which the video recording was made;
e
that in the opinion of the applicant the witness is willing and able to attend the court-martial for cross-examination; and
f
the circumstances in which the video recording was made.
Examination of witnesses
62
1
The judge advocate may allow a request that the cross-examination or re-examination of a witness be postponed if he is satisfied that there is a good reason for such a request and that there is no injustice to the accused in doing so.
2
The judge advocate may question any witness and, if he considers it appropriate, may put to the witness a question from any other member of the court.
3
Any other member of the court may, with the judge advocate’s permission, question any witness after the court’s finding on the charge has been announced.
4
If in the opinion of the judge advocate it is in the interests of justice to do so, the court may at any time —
a
call any witness whom it has not already heard;
b
recall a witness;
c
permit the accused or the prosecutor to recall a witness.
Submission of no case to answer
63
1
At the close of the case for the prosecution the accused may submit, in respect of any charge, that the prosecution has failed to establish a prima facie case for him to answer.
2
If the submission is allowed, the judge advocate shall direct the court to find the accused not guilty of the charge to which the submission relates.
3
If the submission is not allowed, the court shall proceed with the trial.
Finding of not guilty before conclusion of the defence
64
The court may at any time after the close of the case for the prosecution find the accused not guilty of a charge, provided that the prosecutor has been given an opportunity to address the court on such a finding.
The case for the defence
65
1
After the close of the case for the prosecution, the judge advocate shall satisfy himself that the accused understands —
a
that he may give evidence in his defence if he so wishes but he is not obliged to do so;
b
the consequences of choosing to remain silent at trial;
c
that, if he chooses to give evidence, he will be liable to be cross-examined by the prosecutor and questioned by the judge advocate; and
d
that he may call witnesses on his behalf.
2
Where the accused intends to call a witness to the facts of the case, other than himself, he may make an opening address outlining the case for the defence before the evidence is given.
Witnesses for the defence
66
Except with the leave of the judge advocate, if the accused elects to give evidence he shall be called before any other witness for the defence.
Further evidence
67
With the leave of the judge advocate the prosecutor may call or recall a witness to give evidence on any matter raised by the accused in his defence which the prosecutor could not —
a
properly have dealt with before the accused disclosed his defence; or
b
reasonably have foreseen.
Closing addresses
68
1
Subject to paragraph (4) below, the prosecutor and the accused may each make a closing address to the court.
2
The accused shall be entitled to make his closing address after the prosecutor.
3
Where two or more accused are represented by the same legal adviser, he may make only one closing address.
4
Where the accused is not represented by a legal adviser and has called in person no witnesses as to fact other than himself, the prosecutor shall not make a closing address.
Summing up
69
After the closing addresses, if any, the judge advocate shall direct the court upon the law relating to the case and summarise the evidence.
Deliberation on finding
70
1
After the summing up, the judge advocate shall withdraw and the court shall close to deliberate on its finding on each charge before it.
2
If the court requires further direction on the law during its deliberation on a finding on any charge, it shall suspend its deliberation to seek and be given further direction by the judge advocate in open court.
3
During its deliberation on a finding, the court shall not separate until the finding has been reached unless the judge advocate directs that in the interests of justice the court may separate.
4
The vote of each member of the court on the finding on each charge shall be given orally in reverse order of seniority.
Special finding
71
1
For the purposes of these Rules a special finding is, where the particulars proved or admitted at the trial differ from those alleged in the charge but are sufficient to support a finding of guilty of the like offence as that charged, a finding of guilty subject to exceptions or variations specified in the finding.
2
The court may not reach a special finding unless it appears that the difference is not so material as to have prejudiced the accused in his defence.
Record of finding
72
1
The finding of the court on a charge shall be recorded in writing and dated and signed by the president.
2
Each finding shall be announced separately by the president.
3
If the court reaches a finding of guilty or a special finding and the judge advocate is of the opinion that such a finding is contrary to the law relating to the case, he shall direct the court on the findings which are open to it and the court shall retire to reconsider its finding.
4
If the judge advocate is satisfied that the findings are not incorrect in law, he shall sign the record of the findings.
Inquiry into finding
73
Where the interests of justice require it, the judge advocate may in open court question the court on any finding of fact reached during its deliberation on the finding on any charge.
Offences taken into consideration
74
1
Where the court has recorded a finding of guilty on any charge or a special finding, the accused may request the court to take into consideration any other offence committed by him of a similar nature to that of which he has been found guilty or in respect of which a special finding has been reached, and, upon such a request being made, the court may agree to take into consideration any such offence as to the judge advocate seems proper.
2
A list of the offences which the accused admits having committed and which the court agrees to take into consideration shall be signed by the accused and attached to the record of proceedings.
PART VI
SENTENCING
Pre-sentence report and previous convictions
75
1
Where the court administration officer has arranged for a pre-sentence report to be prepared in advance of the trial, he shall serve a copy on the accused and the Judge Advocate General (or his deputy) before the time appointed for the trial.
2
Where the prosecutor has obtained a record of the accused’s previous convictions in advance of the trial, he shall serve a copy of the accused and the court administration officer before the time appointed for the trial.
Evidence before sentencing
76
1
This rule applies where the court has recorded a finding of guilty or a special finding on any charge.
2
Where practicable, the prosecutor shall present to the court information concerning —
a
the accused’s age and rank;
b
the accused’s service record;
c
any recognised acts of gallantry or distinguished conduct on the part of the accused and any decoration to which he is entitled;
d
particulars of any offence (whether under the Act or otherwise) of which the accused has been found guilty (during his service or otherwise), provided that any convictions treated as spent for the purposes of the Rehabilitation of Offenders Act 1974 shall be clearly marked as such;
e
particulars of any formal police caution administered to the accused by a constable in England and Wales or Northern Ireland;
f
particulars of the length of time the accused has been under arrest awaiting trial or in custody under a current sentence;
g
details of the accused’s pay, terminal benefits and future pension entitlements; and
h
whether the commanding officer of the accused wishes to retain the accused in his unit.
3
Unless the accused requires otherwise, the matters referred to in paragraph (2) above need not be adduced in compliance with the strict rules of evidence.
4
The court shall consider any pre-sentence report concerning the accused in the possession of the court administration officer.
5
A record of antecedents signed by the accused may be accepted in evidence by the court under paragraph (2)(d) above where the accused has admitted that he has been found guilty of each offence listed in the record and has had explained to him the purpose for which such admission was sought.
Evidence on behalf of the accused
77
1
The accused may —
a
give evidence on oath and call witnesses in mitigation of sentence and as to his character;
b
produce to the court any document or written report; and
c
address the court in mitigation of sentence.
2
Unless the prosecutor requires otherwise, any document or report referred to in paragraph (1)(b) above need not be adduced in compliance with the strict rules of evidence.
Postponement of deliberation on sentence
78
Where two or more accused are tried separately by the same court upon charges arising out of the same circumstances, the court may, if the judge advocate thinks that the interests of justice so require, postpone its deliberation on the sentence to be awarded to any one or more of such accused until it has recorded its findings in respect of all the accused.
Deliberation on sentence
79
1
Subject to section 118A(3) of the Act and to paragraph (2) below, the court shall award one sentence in respect of —
a
all the offences of which the accused has been found guilty; and
b
all the offences taken into consideration in accordance with rule 74 above.
2
The sentence may include a direction that such deductions shall be made from the pay of the accused as may have been made if the accused had been found guilty by the court of an offence taken into consideration as well as any offence of which he has been found guilty.
Announcement of sentence
80
1
The sentence shall be recorded in writing, dated and signed by the president and the judge advocate.
2
The reasons for sentence shall be given by the judge advocate.
3
The sentence, and any direction as to postponement or suspension of sentence, shall be announced by the president.
4
If the court makes a recommendation to mercy, the reasons for making it shall be given by the president.
Conclusion of the trial
81
1
When each charge on the charge sheet or sheets has been disposed of, the president shall announce in open court that the trial is concluded.
2
The judge advocate shall dissolve the court.
PART VII
REVIEW OF COURT-MARTIAL FINDING AND SENTENCE
The petition
82
1
The period within which an accused may present a petition against finding or sentence or both in accordance with section 113(1) of the Act shall be 28 days following the day on which sentence is announced.
2
A petition presented in accordance with section 113(1) of the Act shall be in writing and signed by the accused, or on his behalf by his legal adviser.
3
Petitioners shall have regard to the guidance on the content of a petition contained in Schedule 5 to these Rules.
4
A petition addressed to the Defence Council shall be treated as having been presented to the Defence Council if it is presented by the petitioner —
a
to the Director of Personal Services (Army); or
b
where the petitioner is —
i
in custody or detention in any civil prison or institution, to the governor of the prison or institution;
ii
detained in any military or air force establishment or in naval detention quarters, to the commandant of the establishment or quarters.
5
A person to whom a petition is presented under paragraph (4)(b) above shall transmit it to the Director of Personal Services (Army) immediately upon receipt.
Reasons
83
Where the reviewing authority completes a review in accordance with section 113 of the Act, it shall —
a
if a petition has been presented in accordance with section 113(1) of the Act, or
b
if it exercises any of its powers under section 113AA of the Act,
give reasons for its decision.
PART VIII
MISCELLANEOUS
Application of the rules to civilians
84
1
In their application to any person to whom Part II of the Act is applied by section 209 of the Act, these Rules shall have effect subject to the modifications specified in Part I and the additional rules specified in Part II of Schedule 6 to these Rules.
2
Part III of Schedule 6 to these Rules shall have effect in respect of the hearing by courts-martial of appeals against findings and sentences by Standing Civilian Courts.
Periodic review of arrest
85
1
In this rule, the “8 day report” means a report made in accordance with section 75(2) of the Act and this rule.
2
The 8 day report on the necessity for further delay under section 75(2) shall be made to the person immediately superior in command on disciplinary matters to the commanding officer making the report.
3
The 8 day report shall be made in writing and shall contain the following particulars —
a
the name, service number, rank and unit of the person under arrest;
b
the date upon which he was taken into arrest;
c
whether he is in open or close arrest;
d
the allegations against him which are being investigated;
e
the reason why it is considered necessary to retain him in arrest;
f
the reason why it is considered necessary to delay the convening of the court-martial for his trial; and
g
where an allegation against him has been reported in the form of a charge to his commanding officer, the date on which that charge was reported.
Bankers' Books Evidence Act 1879
86
1
The power to make an order conferred by section 7 of the Bankers' Books Evidence Act 1879 may be exercised for the purposes of a court-martial —
a
during the investigation of any offence and before the accused is notified that he is to be tried by court-martial, by the commanding officer of the accused;
b
at preliminary proceedings and during the court-martial, by the judge advocate.
2
The order shall be in the form set out in Schedule 2 to these Rules.
Custody of the record
87
The period during which the record of the proceedings of a court-martial shall be kept in the custody of the Judge Advocate General shall be six years from the conclusion of the trial.
Imprisonment in default; manner of payment of fine
88
For the purposes of section 71B of the Act, the manner in which a fine or part of a fine shall be paid or recovered is —
a
where the offender is a person to whose pay section 144 of the Act applies, by deduction in accordance with that section from his pay or from any balance (whether or not representing pay) which may be due to him; or
b
by payment by or on behalf of the offender to —
i
the governor of the prison in the United Kingdom where the offender is confined; or
ii
the Director of Personal Services (Army) or an officer authorised by him.
Circumstances not provided for
89
In any circumstance not provided for by the Act or these Rules such course shall be adopted as appears best calculated to do justice.
Revocations and savings
90
1
Subject to paragraph (2) below, the Rules set out in Schedule 7 to these Rules are hereby revoked.
2
The Rules set out in Schedule 7 shall continue to apply in relation to any trial by a court-martial which commenced before 1st April 1997 until the conclusion of that trial.
3
The revocations shall not affect the validity of anything done under those Rules in relation to any proceedings pending at the commencement of these Rules.
Nicholas Soames
Minister of State, Ministry of Defence
12th February 1997


text:
1
This Order may be cited as The A4 Trunk Road (Talgarth Road, Hammersmith & Fulham) Red Route (Temporary Prohibition of Traffic) Order 1997 and shall come into force on the 20th October 1997.
2
In this Order “North End Road” means the road of that name in the London Borough of Hammersmith & Fulham
3
This Order is made because the Traffic Director for London is satisfied that traffic in the A4 Talgarth Road in the London Borough of Hammersmith & Fulham at its junction with North End Road should be prohibited because works are being or are proposed to be executed on or near the junction of those roads.
4
During the period starting at 00.01 hours on the 20th October 1997 and ending at 23:59 on 21st January 1998 or when those works have been completed, whichever is the sooner, subject to the provisions of article 5 below, no person shall cause or permit any vehicle proceeding eastbound on the A4 Talgarth Road in the London Borough of Hammersmith & Fulham to turn right into North End Road.
5
1
The provisions of article 4 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 4 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
TRO 359
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
17th October 1997


text:
Citation and commencement
1
This Order may be cited as the Social Security (United States of America) Order 1997 and shall come into force on 1st September 1997.
Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 and amendment of the Principal Order
2
The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified and the Principal Order shall be amended so as to give effect to the Agreement as modified by the Supplementary Agreement set out in Schedule 1 to this Order and to the Administrative Agreement as modified by the Supplementary Administrative Agreement set out in Schedule 2 to this Order, so far as the same relate to England, Wales and Scotland.
Amendment of Order
3
The reference to the Social Security (United States of America) Order 1984 shall be omitted in the Schedule to the Social Security (Reciprocal Agreements) Order 1988 and in Schedules 2 and 3 to the Social Security (Reciprocal Agreements) Order 1995 .
N.H. Nicholls
Clerk of the Privy Council


text:
1
These Regulations may be cited as the British Nationality (Fees) (Amendment) Regulations 1997 and shall come into force on 12th June 1997.
2
The British Nationality (Fees) Regulations 1996 shall be amended as follows:
a
in regulation 2(1) there shall be added, at the end, “or, as the case may be, under the British Nationality (Hong Kong) Act 1997”;
b
in regulation 3(1) after “below”, there shall be inserted “or where the Secretary of State otherwise directs,”;
c
in the Schedule —
i
in the entry numbered 5 for “or any of the former nationality Acts” there shall be substituted “, any of the former nationality Acts or the British Nationality (Hong Kong) Act 1997”, and
ii
after the entry numbered 6 there shall be added —
7
Application for registration as a citizen under section 1 of the British Nationality (Hong Kong) Act 1997.
£250
.
Mike O’Brien
Parliamentary Under-Secretary of State
Home Office
16th May 1997
We consent to these Regulations
Jon Owen Jones
Bob Ainsworth
Two of the Commissioners of Her Majesty’s Treasury
19th May 1997


text:
Citation and commencement
1
These Regulations may be cited as the Allocation of Housing (Reasonable and Additional Preference) Regulations 1997 and shall come into force on 1st November 1997.
Further descriptions of people to whom reasonable preference is to be given
2
The following are specified as further descriptions of people to whom reasonable preference is to be given in the allocation scheme of a local housing authority —
a
people owed a duty by that authority under section 193 or 195(2) of the Housing Act 1996 (“the 1996 Act ”) or section 65(2) or 68(2) of the Housing Act 1985 (main housing duties owed to homeless persons),
b
people in respect of whom that authority are exercising their power under section 194 of the 1996 Act (power to secure accommodation after minimum period of duty under section 193 of that Act), and
c
people —
i
who have within the previous two years been provided with advice and assistance by that authority under section 197(2) of the 1996 Act (duty where other suitable accommodation available) or
ii
who are occupying accommodation secured with such advice and assistance.
Descriptions of people to whom additional preference is to be given
3
In section 167(2) of the Housing Act 1996 (priorities in allocating housing accommodation), in the second sentence, the words “consisting of someone with a particular need for settled accommodation on medical or welfare grounds” are repealed.
Signed by authority of the Secretary of State for the Environment
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
29th July 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
30th July 1997


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Vocational Training) Amendment Regulations 1997 and shall come into force on 1st January 1998.
Amendment of the National Health Service (Vocational Training) Regulations 1979
2
In the National Health Service (Vocational Training) Regulations 1979 , in regulation 2(1) (interpretation), for the definition of “trainee general practitioner” there shall be substituted the following definition —
“trainee general practitioner” —
means a “General Practice ( GP ) Registrar”, as defined in regulations made under section 29 of the Act ;
in relation to Scotland and Northern Ireland, has the meaning assigned to it in regulations made, respectively, under section 19 of the National Health Service (Scotland) Act 1978 and article 56 of the Health and Personal Social Services (Northern Ireland) Order 1972 ; and
includes a practitioner who is being trained in general practice under an arrangement approved by the Armed Services General Practice Approval Board;
.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
24th November 1997


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Exmoor) Designation (Amendment) Order 1997 and shall come into force on 1st July 1997.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Exmoor) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Rates of payment under agreement
4
In article 6 of the principal Order —
a
in paragraph (1) —
i
in sub-paragraph (a), for the amount “£12” there shall be substituted the amount “£14”;
ii
in sub-paragraph (b), for the amount “£25” there shall be substituted the amount “£27”;
iii
in sub-paragraph (c), for the amount “£32” there shall be substituted the amount “£38”;
iv
in sub-paragraph (d), for the amount “£30” there shall be substituted the amount “£34”;
v
in sub-paragraph (e), for the amount “£40” there shall be substituted the amount “£50”;
b
in paragraph (2), in the table, in the right-hand column, for the figure “50” there shall be substituted the figure “60”.
Amendment to Schedule
5
In Schedule 5 (conservation plan operations) to the principal Order, after paragraph 7, there shall be inserted the following paragraph:
8
The creation or restoration of ponds.
.
Saving
6
The amendments made to the principal Order by article 4 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1997.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th June 1997
We consent
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 1997


text:
Commencement and citation
1
This Order may be cited as The A41 Trunk Road (Camden) Red Route Experimental (No.2) Traffic Order 1997 Variation Order 1997, and shall come into force on 25th June 1997.
Variations
2
The A41 Trunk Road (Camden) Red Route Experimental (No.2) Traffic Order 1997 is varied as provided by the following provisions of this Order.
3
In Schedule 3B item 11 is substituted as follows:
Finchley Road, north-east side, between a point 3.0 metres south-east of the south-eastern kerbline of Frognal Court and a point 14.0 metres south east of the said kerbline.
4
In Schedule 4 item 14 is substituted as follows:
Finchley Road, north-east side, between a point 26.0 metres north-west of the north-western kerbline of Frognal Court and a point 3.0 metres south-east of the south-eastern kerbline of Frognal Court.
5
In Schedule 4 item 15 is substituted as follows:
Finchley Road, north-east side, between a point 14.0 metres south-east of the south-eastern kerbline of Frognal Court and a point 2.0 metres north-west of the north-western boundary of No. 134 Finchley Road.
TRO 294
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
16th June 1997


text:
1
1
This Order may be cited as the Essex (Police Area and Authority) Order 1997.
2
In this Order —
“ 1996 Act ” means the Police Act 1996 ;
“transferred areas” means the Boroughs of Southend-on-Sea and Thurrock.
3
This Order, except article 3, shall come into force on 1st October 1997 and article 3 shall come into force on 1st April 1998.
2
1
The functions to which this article applies are —
a
all functions of the Essex police authority on or after 1st April 1998; and
b
before that date (but on or after 1st October 1997), the functions of that police authority in respect of the financial year beginning on 1st April 1998 under —
i
Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) , and
ii
sections 7 (local policing objectives) and 8 (local policing plans) of the 1996 Act.
2
For the purposes of the functions to which this article applies —
a
paragraph 26(1) of Schedule 2 to the 1996 Act (meaning of “relevant council”) shall have effect from 1st October 1997 as if the transferred areas had ceased to form part of the County of Essex on that date; and
b
accordingly, the appointments which are required to be made to the Essex police authority by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by Essex County Council and the Councils of the transferred areas (as relevant councils) in accordance with that provision.
3
For the purposes of the functions referred to in paragraph (1)(b) above —
a
section 19(2)(b) of the 1996 Act (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 2 to that Act was a reference to the members so appointed by virtue of paragraph (2) above; and
b
the members of the Essex police authority appointed under paragraph 2 of that Schedule otherwise than under paragraph (2) above shall not participate in the discharge of those functions.
4
In the exercise of its powers, the joint committee referred to in paragraph (2)(b) above —
a
shall, for the purposes of paragraph 4(1)(b) of Schedule 2 to the 1996 Act, ignore any member of Essex County Council elected for an electoral division in the transferred areas, and
b
shall not appoint any such member to the Essex police authority under paragraph 2(2) of that Schedule.
5
A member of the Essex police authority who was appointed under paragraph 2 of Schedule 2 to the 1996 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of that Authority on 1st April 1998.
6
In determining the period of a term of years for the purpose of paragraph 16 of Schedule 2 to the 1996 Act (term of appointment of members of a police authority), any period as a member of the Essex police authority prior to 1st April 1998 under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of that authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.
3
Schedule 1 to the 1996 Act (police areas) shall be amended by inserting after the word “Essex” in the right-hand column opposite the name of the Essex police area the words “and the non-metropolitan districts of Southend-on-Sea and Thurrock”.
Alun Michael
Minister of State
Home Office
28th July 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Atlantic Telecommunications Limited) Order 1997 and shall come into force on 23rd December 1997.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche,
Parliamentary Under-Secretary of State for Small Firms, Trade and Industry
Department of Trade and Industry
19th November 1997


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers’ Pay and Conditions) Order 1997 and shall come into force on 4th April 1997.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the School Teachers’ Pay and Conditions Act 1991) in England and Wales.
School Teachers’ Pay and Conditions
3
The School Teachers’ Pay and Conditions Document 1996 shall be amended with effect from 1st April 1997 as follows:
a
in paragraph 4.1(a), for the words “A head teacher or deputy head teacher shall, until 30th November 1996,” there shall be substituted the words “During the period 1st April 1997 to 30th November 1997 a head teacher or deputy head teacher shall”;
b
in paragraph 4.1(b), for the words “From 1st December 1996” there shall be substituted the words “From 1st December 1997”;
c
the following tables shall be substituted for the tables in paragraph 4.3 —
Pay Spine A — 1st April 1997 to 30th November 1997
Spine point Annual salary £
1 25,056 2 25,464 3 25,878 4 26,289 5 26,700 6 27,105 7 27,522 8 27,927 9 28,344 10 28,755 11 29,160 12 29,571 13 29,979 14 30,399 15 30,804 16 31,215 17 31,626 18 32,037 19 32,448 20 32,859 21 33,411 22 33,951 23 34,503 24 35,049 25 35,598 26 36,141 27 36,690 28 37,239 29 37,788 30 38,481 31 39,159 32 39,840 33 40,527 34 41,214 35 41,898 36 42,582 37 43,266 38 44,223 39 45,180 40 46,143 41 47,097 42 48,054 43 49,017 44 49,974 45 50,931 46 51,891 47 52,848 48 53,811 49 54,768 50 55,719 51 56,676
Pay Spine B — From 1st December 1997
Spine point Annual salary £
1 25,374 2 25,791 3 26,208 4 26,625 5 27,039 6 27,450 7 27,873 8 28,281 9 28,707 10 29,121 11 29,529 12 29,949 13 30,360 14 30,786 15 31,197 16 31,614 17 32,028 18 32,448 19 32,862 20 33,276 21 33,837 22 34,383 23 34,941 24 35,496 25 36,051 26 36,603 27 37,158 28 37,716 29 38,271 30 38,970 31 39,657 32 40,350 33 41,043 34 41,739 35 42,432 36 43,125 37 43,818 38 44,787 39 45,756 40 46,731 41 47,697 42 48,666 43 49,644 44 50,610 45 51,579 46 52,554 47 53,523 48 54,495 49 55,467 50 56,430 51 57,399
;
d
the following tables shall be substituted for the tables in paragraph 4.4.2 —
Period 1st April 1997 to 30th November 1997
Head teachers
Group Spine point Range £
1 3–15 25,878–30,804 2 1(S) 8–22 27,927–33,951 3 2(S) 15–29 30,804–37,788 4 3(S) 23–37 34,503–43,266 5 4(S) 31–44 39,159–49,974 6 38–51 44,223–56,676
Deputy head teachers
Group Spine point Range £
1 1–8 25,056–27,927 2 1(S) 2–10 25,464–28,755 3 2(S) 4–13 26,289–29,979 4 3(S) 8–20 27,927–32,859 5 4(S) 15–26 30,804–36,141 6 22–34 33,951–41,214
From 1st December 1997
Head teachers
Group Spine point Range £
1 3–15 26,208–31,197 2 1(S) 8–22 28,281–34,383 3 2(S) 15–29 31,197–38,271 4 3(S) 23–37 34,941–43,818 5 4(S) 31–44 39,657–50,610 6 38–51 44,787–57,399
Deputy head teachers
Group Spine point Range £
1 1–8 25,374–28,281 2 1(S) 2–10 25,791–29,121 3 2(S) 4–13 26,625–30,360 4 3(S) 8–20 28,281–33,276 5 4(S) 15–26 31,197–36,603 6 22–34 34,383–41,739
;
e
in paragraph 9.1(a), for the words “During the period 1st September 1996 to 30th November 1996” there shall be substituted the words “During the period 1st April 1997 to 30th November 1997”;
f
in paragraph 9.1(b), for the words “From 1st December 1996” there shall be substituted the words “From 1st December 1997”;
g
the following tables shall be substituted for the tables in paragraph 9.2 —
Pay Spine A — 1st April 1997 to 30th November 1997
Spine point Annual salary £
0 12,711 0.5 13,089 1 13,473 1.5 13,872 2 14,280 2.5 14,667 3 15,057 3.5 15,459 4 15,876 4.5 16,341 5 16,824 5.5 17,322 6 17,838 6.5 18,363 7 18,906 7.5 19,464 8 20,040 8.5 20,667 9 21,318 9.5 21,972 10 22,638 10.5 23,301 11 23,985 11.5 24,924 12 25,899 12.5 26,751 13 27,627 13.5 28,710 14 29,832 14.5 30,495 15 31,173 15.5 31,866 16 32,580 16.5 33,303 17 34,044
Pay Spine B — From 1st December 1997
Spine point Annual salary £
0 12,873 0.5 13,254 1 13,644 1.5 14,049 2 14,463 2.5 14,853 3 15,249 3.5 15,657 4 16,077 4.5 16,548 5 17,037 5.5 17,544 6 18,063 6.5 18,597 7 19,146 7.5 19,713 8 20,295 8.5 20,931 9 21,591 9.5 22,251 10 22,926 10.5 23,598 11 24,291 11.5 25,242 12 26,229 12.5 27,090 13 27,978 13.5 29,076 14 30,213 14.5 30,885 15 31,569 15.5 32,274 16 32,994 16.5 33,726 17 34,476
;
h
for paragraph 15.1 there shall be substituted —
15.1
a
During the period 1st April 1997 to 30th November 1997 an unqualified teacher (except one to whom paragraph 18 applies) shall be paid such salary based on the following pay scale as the relevant body shall determine in accordance with paragraphs 15.2 to 15.6 and 17:
Period 1st April 1997 to 30th November 1997
Scale point Annual salary £
1 10,689 2 11,166 3 11,634 4 12,114 5 12,600 6 13,074 7 13,557 8 14,676 9 15,942 10 16,902
15.1
b
From 1st December 1997 an unqualified teacher (except one to whom paragraph 18 applies) shall be paid such salary based on the following pay scale as the relevant body shall determine in accordance with paragraphs 15.2 to 15.6 and 17:
From 1st December 1997
Scale point Annual salary £
1 10,824 2 11,307 3 11,781 4 12,270 5 12,762 6 13,242 7 13,728 8 14,862 9 16,146 10 17,118
;
i
for paragraph 21.1 there shall be substituted —
21.1
A teacher serving in the London Area shall receive a London Area allowance of:
a
if he is serving in the Inner London Area, £2,061 per annum until 30th November 1997 and £2,088 per annum on and after 1st December 1997;
b
if he is serving in the Outer London Area, £1,356 per annum until 30th November 1997 and £1,374 per annum on and after 1st December 1997;
c
if he is serving in the Fringe Area, £525 per annum until 30th November 1997 and £534 per annum on and after 1st December 1997.
.
Gillian Shephard
Secretary of State for Education and Employment
13th March 1997


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Oadby and Wigston Borough Council and Havering London Borough Council) Order 1997 and shall come into force on 22nd October 1997.
Exemption for grounds maintenance
2
The provision of grounds maintenance services by Oadby and Wigston Borough Council shall not be treated as a defined activity so long as it is carried out in relation to housing communal areas during the period beginning with 1st January 1998 and ending on 31st December 1998.
Exemption for financial services
3
The provision of financial services by Havering London Borough Council shall not be treated as a defined activity so long as it is carried out during the period beginning with 21st August 1998 and ending on 20th August 1999.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
23rd September 1997


text:
1
This Order may be cited as the Reserve Forces Act 1996 (Commencement No. 1) Order 1997.
2
1
Subject to paragraph (2) below, the Reserve Forces Act 1996 shall come into force on 1st April 1997.
2
The repeal by Schedule 11 to the 1996 Act of provisions of the Reserve Forces Act 1980 shall not be brought into force by paragraph (1) above so far as it relates to the following provisions of the 1980 Act, namely, sections 10, 11, 13(2) to (4), 16, 17, 18(1) and (2), 19, 20(1), 21, 22, 24 to 26, 28, 29, 30(1) and (2), 31, 32, 34(1) to (3), 35, 36, 38, 39(1)(a) and (b), 40 to 42, 44, 47, 50, 57, 58, 63, 67, 69, 70, 83(1) and (2), 87, 93, 100, 101, 120, 139(1), 141 to 144, 145(1)(b) and (2), 146(1)(b) and (2), 154(1), 155, Schedule 2 and Schedule 8, paragraphs 1, 4, 5(1) and (3), 6 to 8, 10 to 15, 16(2), (3) and (5) to (10), 17, 19 and 20.
Nicholas Soames
Minister of State for the Armed Forces
19th February 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leeds Teaching Hospitals Special Trustees (Transfer of Trust Property) Order 1997 and shall come into force on 28th February 1997.
2
In this Order —
“the Special Trustees” means the Leeds Teaching Hospitals Special Trustees;
“the Trust” means the United Leeds Teaching Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Special Trustees and the Trust on 11th December 1995, which schedule has been signed on behalf of both the Special Trustees and the Trust.
Transfer of trust property
2
On 28th February 1997 the trust property shall be transferred from the Trust to the Special Trustees.
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under Secretary of State,
Department of Health
30th January 1997


text:
Citation
1
This Order may be cited as the National Health Service (Primary Care) Act 1997 (Commencement No. 2) Order 1997.
Appointed day
2
The day appointed for the coming into force of section 36 of the National Health Service (Primary Care) Act 1997 (expenditure of Health Authorities) is 14th October 1997.
Saving
3
Notwithstanding article 2, in relation to —
a
expenditure of Health Authorities in respect of a financial year ending on 31st March 1998 or before; and
b
amounts allotted to Health Authorities in respect of such a financial year,
section 97 of the National Health Service Act 1977 shall continue to have effect as if this Order had not been made.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State
Department of Health
13th October 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Energis Communications Ltd) Order 1997 and shall come into force on 17th April 1997.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Ian Tayor,
Parliamentary Under-Secretary of State for Science and Technology,
Department of Trade and Industry
17th March 1997


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 1997 and shall come into force on 22nd December 1997.
Amendment of the principal Order
2
1
The Sea Fishing (Enforcement of Community Conservation Measures) Order 1997 shall be amended in accordance with paragraph (2) below.
2
In article 10 (protection of officers) and paragraph (c) of article 11 (obstruction of officers) there shall be substituted for the words “articles 6 to 8 of this Order” the words “articles 6 to 9 of this Order”.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
26th November 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
26th November 1997
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
27th November 1997
Marjorie Mowlam
Secretary of State for Northern Ireland
27th November 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) Regulations 1997 and shall come into force on 7th April 1997.
2
In these Regulations “the principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation), in the appropriate places in alphabetical order, there shall be inserted the following definitions —
“personal pension scheme” has the same meaning as in the Income Support Regulations ;
“retirement annuity contract” has the same meaning as in the Income Support Regulations ;
.
3
In paragraph 10A of Schedule 3 (sums to be disregarded in the calculation of income other than earnings) —
a
in sub-paragraph (1) —
i
in head (b), after the words “occupational pension of his”, there shall be inserted the words “, or of any income from a personal pension scheme or a retirement annuity contract of his,”;
ii
for the words “or pensions” there shall be substituted the words “, pensions or income”;
b
for sub-paragraph (2) there shall be substituted the following sub-paragraph —
2
Where a resident is entitled to pensions or income referred to in sub-paragraph (1) from more than one source, all pensions and income to which he is entitled shall be aggregated for the purposes of that sub-paragraph,
.
c
in sub-paragraph (3), for the words “occupational pension” there shall be substituted the words “pension or income referred to in sub-paragraph (1)”.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State
Department of Health
26th February 1997


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (North Peak) Designation (Amendment) Order 1997 and shall come into force on 1st July 1997.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (North Peak) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Rates of payment under agreement
4
In article 6 of the principal Order —
a
in paragraph (1) —
i
in sub-paragraph (b), for the amount “£40” there shall be substituted the amount “£45”;
ii
for the amount “£7” there shall be substituted the amount “£8”;
b
in paragraph (2), in the table, in the right hand column —
i
for the figure “85” there shall be substituted the figure “90”;
ii
for the figure “43” there shall be substituted the figure “45”.
Amendment to Schedule
5
Schedule 4 (conservation plan operations) to the principal Order, for paragraph 2, there shall be substituted the following two paragraphs:
2
The creation or restoration of ponds.
2A
The restoration of wet areas.
.
Saving
6
The amendments made to the principal Order by article 4 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1997.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food.
4th June 1997
We consent,
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 1997


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 1997 and shall come into force on 28th February 1997.
2
In regulation 63(3) of the Motor Vehicles (Driving Licences) Regulations 1996 , for “£5.00” there shall be substituted “£8.00”.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under-Secretary of State,
Department of Transport
7th February 1997


text:
1
This Order may be cited as the Dartford–Thurrock Crossing Tolls Order 1997 and shall, in accordance with section 17(11) of the Dartford–Thurrock Crossing Act 1988, come into force on 1st September 1997.
2
1
The toll leviable in respect of each of the classes of vehicles set out in column (1) of the Schedule to this Order shall be of the amount set out or described opposite thereto in column (2) of that Schedule.
2
For the purposes of determining the class of vehicles to which a trailer belongs, a trailer which, when being drawn, is attached to the vehicle drawing it by partial superimposition shall be regarded as part of the vehicle drawing it and not as a separate vehicle.
3
The Dartford–Thurrock Crossing Tolls Order 1996 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Helene Hayman
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
30th July 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Birmingham Cable Limited) Order 1997 and shall come into force on 14th March 1997.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Ian Taylor
Parliamentary Under-Secretary of State for Science and Technology,
Department of Trade and Industry
12th February 1997