text:
1
This Order may be cited as the Combined Probation Areas (North Wales) Order 1997 and shall come into force on 1st January 1998.
2
That part of the Combined Probation Areas Order 1986 which relates to the North Wales Probation Area shall be amended by —
a
omitting the entries in respect of the petty sessions areas of Bangor, Caernarfon/Gwyrfai, Flint, Hawarden and Mold;
b
inserting, in alphabetical order —
i
in column 1 “Arfon” and corresponding to this in column 3 “2”;
ii
in column 1 “Flintshire” and corresponding to this in column 3 “3”.
3
The two members of the North Wales Probation Committee appointed before 1st January 1998 by the justices for the petty sessions areas of Bangor and Caernarfon/Gwyrfai shall continue in office as if appointed by the justices for the new petty sessions area of Arfon .
4
The three members of the North Wales Probation Committee appointed before 1st January 1998 by the justices for the petty sessions areas of Flint, Hawarden and Mold shall continue in office as if appointed by the justices for the new petty sessions area of Flintshire .
Joyce Quin
Minister of State
Home Office
20th December 1997


type: legislation

jurisdiction: UK

text:
1
1
These Regulations may cited as the Firemen’s Pensions (Provision of Information) Regulations 1997 and shall come into force on 1st September 1997.
2
References in these Regulations to section 27A are to that section of the Fire Services Act 1947.
2
1
Paragraphs (2) and (3) set out the circumstances prescribed for the purposes of section 27A(1) in which information may be provided by a fire authority in connection with the questions specified in section 27A(2).
2
Those circumstances are where a written request for, or a written consent to, the provision of the information has been given by, or on behalf of, the individual to whom the information relates.
3
Where the individual to whom the information relates has died, those circumstances are where a written request for, or a written consent to, the provision of the information has been given by his personal representatives.
3
1
Paragraph (2) sets out the persons prescribed for the purposes of section 27A(1)(a) (as persons to whom information may be supplied).
2
Those persons are —
a
a person who is or has been an authorised person within the meaning of the Financial Services Act 1986 (“an authorised person”);
b
an appointed representative within the meaning of section 44 of the Financial Services Act 1986 (“an appointed representative”);
c
a recognised self-regulating organisation within the meaning of the Financial Services Act 1986;
d
a recognised professional body within the meaning of the Financial Services Act 1986;
e
the Securities and Investments Board ;
f
the Investors Compensation Scheme Limited ;
g
a professional indemnity insurer of an authorised person or an appointed representative;
h
The Chartered Accountants Compensation Scheme Limited;
i
The Solicitors Indemnity Fund Limited;
j
a person or body arbitrating or adjudicating in, or investigating or considering, a complaint or dispute made or referred to them by such an individual as is mentioned in section 27A(2) and which involves that individual and an authorised person or an appointed representative; and
k
a person or body appointed to act on behalf of any of the above.
4
The persons prescribed for the purposes of section 27A(3) (as persons who may be required by a fire authority to pay a reasonable fee in respect of the expenses referred to in that provision) are those listed in sub-paragraphs (a) to (d) and (f) to (i) of regulation 3(2) and any person or body appointed to act on behalf of any of those persons.
George Howarth
Parliamentary Under-Secretary of State
Home Office
25th July 1997


text:
1
These Regulations may be cited as the Income Tax (Manufactured Overseas Dividends) (Amendment No. 2) Regulations 1997 and shall come into force on December 1997.
2
In regulation 12 of the Income Tax (Manufactured Overseas Dividends) Regulations 1993 —
a
in paragraph (2)(a) the words “subject to paragraph (3)” shall be omitted;
b
paragraph (3) shall be omitted.
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
17th November 1997


text:
1
This Order may be cited as the Education (Listed Bodies) Order 1997 and shall come into force on 5th February 1997.
2
The bodies which are specified in the Schedule to this Order comprise all those bodies which appear to the Secretary of State to fall within section 216(3) of the Education Reform Act 1988.
3
The Education (Listed Bodies) Order 1993 is hereby revoked.
Gillian Shephard
Secretary of State for Education and Employment
13th January 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Black Country Mental Health National Health Service Trust (Transfer of Trust Property) Order 1997 and shall come into force on 20th March 1997.
2
In this Order —
“the Authority” means the Sandwell Health Authority;
“the Trust” means the Black Country Mental Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 22nd July 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 20th March 1997 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under-Secretary of State for Health,
Department of Health
21st February 1997


text:
PART I
PRELIMINARY
Citation, commencement and revocation
1
1
These Regulations may be cited as the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997 and shall come into force on 3rd November 1997.
2
The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1996 and the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 1997 are hereby revoked.
Interpretation
2
1
In these Regulations —
“the 1994 Act ” means the Vehicle Excise and Registration Act 1994;
“authorised person” has the meaning given by regulation 3;
“custodian” in relation to a vehicle has the meaning given by regulation 9(3);
“disabled person’s badge” has the meaning given by paragraph 1(7) of Schedule 2A to the 1994 Act;
“G.B. records” means the records kept under the 1994 Act by the Driver and Vehicle Licensing Agency on behalf of the Secretary of State and “G.B. registration mark” means a registration mark assigned to a vehicle registered in those records;
“local authority” means, in relation to England a county council, a district council, a London borough council or the Common Council of the City of London and, in relation to Wales, a County Council or County borough Council;
“N.I. records” means the records kept under the 1994 Act by Driver and Vehicle Licensing Northern Ireland on behalf of the Secretary of State and “N.I. registration mark” means a registration mark assigned to a vehicle registered in those records;
“public service vehicle” has the meaning given by section 1 of the Public Passenger Vehicles Act 1981 ;
“release” in relation to a vehicle means release from an immobilisation device;
“surety payment” means a sum payable by virtue of regulation 6(3)(b) or regulation 12(2)(c)(ii) where a vehicle licence is not produced; and
“voucher” means a voucher issued under regulation 15(2).
2
References to the prescribed charge for any matter are to the charge specified in relation to that matter in Schedule 1 to these Regulations.
3
References to the “owner” of a vehicle at a particular time are to the person by whom it was then kept and the person in whose name the vehicle is registered at a particular time shall be taken, unless the contrary is shown, to be the person by whom the vehicle was kept at that time.
4
Except where it is expressly provided otherwise, references in these Regulations to a numbered regulation are to the regulation in these Regulations so numbered and references to a numbered paragraph are to the paragraph so numbered in the regulation in which the reference occurs.
Authorised persons
3
1
In these Regulations a reference to an authorised person is to a person authorised by the Secretary of State for the purposes of these Regulations.
2
An authorised person may be a local authority, an employee of a local authority, a member of a police force or any other person.
3
Different persons may be authorised for different purposes, but a person who is an authorised person for the purposes of regulation 17 shall not act as an authorised person for any other purpose.
Disapplication of the Regulations
4
1
These Regulations shall not apply in relation to a vehicle in any of the circumstances specified in paragraph (2).
2
The circumstances are that —
a
a current disabled person’s badge is displayed on the vehicle;
b
the vehicle is an exempt vehicle and a current nil licence is displayed on it;
c
a badge issued pursuant to the British Medical Association car badge scheme is displayed on the vehicle;
d
the vehicle appears to an authorised person to have been abandoned;
e
the vehicle is a public service vehicle being used for the carriage of passengers;
f
the vehicle is being used for the purpose of the removal of any obstruction to traffic, the maintenance, improvement or reconstruction of a public road, or the laying, erection, alteration, repair or cleaning in or near a road of any traffic sign or sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telegraph or telephone wires, cables, posts or supports;
g
the vehicle is being used by the Post Office in connection with the delivery or collection of postal packets and each side of the vehicle is clearly marked with the words “Post Office” or “Royal Mail”; or
h
the vehicle is stationary at a time when, having been immobilised or removed under these Regulations, less than 24 hours have elapsed since it was released or, as the case may be, removed.
3
In this regulation “nil licence” means a document which —
a
was issued by the Secretary of State in accordance with regulations under the 1994 Act;
b
is in the form of a vehicle licence; and
c
has “NIL” marked in the space provided for indicating the amount of vehicle excise duty payable.
PART II
IMMOBILISATION OF VEHICLES
Power to immobilise vehicles
5
1
This regulation applies where an authorised person has reason to believe that an offence under section 29(1) of the 1994 Act is being committed as regards a vehicle which is stationary on a public road in England or in Wales.
2
Where this regulation applies, without prejudice to the institution of proceedings for any offence under the 1994 Act, the authorised person or a person acting under his direction may —
a
fix an immobilisation device to the vehicle while it remains in the place where it is stationary, or
b
move it from that place to another place on the same or another public road and fix an immobilisation device to it in that other place.
3
Where an immobilisation device is fixed to a vehicle in accordance with this regulation, the person fixing the device shall also fix to the vehicle an immobilisation notice which —
a
indicates that the device has been fixed to the vehicle and warns that no attempt should be made to drive it or otherwise put it in motion until it has been released from the device;
b
states the reason why the device has been fixed;
c
specifies the steps to be taken to secure its release including the charges payable under these Regulations and the person to whom and the means by which those charges may be paid.
Release of immobilised vehicles
6
1
A vehicle to which an immobilisation device has been fixed in accordance with regulation 5 —
a
may be released only by or under the direction of an authorised person; and
b
subject to sub-paragraph (a) above, shall be released —
i
where there is produced to an authorised person a vehicle licence for the vehicle which was in force when the vehicle was immobilised; or
ii
where an authorised person is satisfied that the vehicle was immobilised in any of the circumstances specified in regulation 4(2) or that the vehicle was at the time it was immobilised an exempt vehicle; or
iii
if the first and second requirements specified in paragraphs (2) and (3) are met.
2
The first requirement is that the prescribed charge for the release of the vehicle from the immobilisation device is paid in any manner specified in the immobilisation notice.
3
The second requirement is that —
a
a vehicle licence is produced in accordance with instructions specified in the immobilisation notice and the licence is one which is in force for the vehicle concerned at the time the licence is produced; or
b
where such a licence is not produced, the prescribed charge for a surety payment is paid in any manner specified in the immobilisation notice.
Removal of or interference with immobilisation notice or device
7
1
An immobilisation notice shall not be removed or interfered with except by or under the authority of an authorised person.
2
A person contravening paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
3
Any person who, without being authorised to do so in accordance with regulation 6, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with these Regulations is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Other offences connected with immobilisation
8
1
Where these Regulations would apply in relation to a vehicle but for the provisions of regulation 4(1) and (2)(a) and the vehicle was not, at the time it was stationary, being used —
a
in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970 or with regulations under section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 , and
b
in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984 or Article 174A(2)(b) of the Road Traffic (Northern Ireland) Order 1981 (use where a disabled person’s concession would be available).
the person in charge of the vehicle at that time is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
Where —
a
a person makes a declaration with a view to securing the release of a vehicle from an immobilisation device purported to have been fixed in accordance with these Regulations,
b
the declaration is that the vehicle is or was an exempt vehicle, and
c
the declaration is to the person’s knowledge either false or in any material respect misleading.
that person is guilty of an offence.
3
A person guilty of an offence by virtue of paragraph (2) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, and
b
on conviction on indictment, to imprisonment for a term not exceeeding two years or to a fine or to both.
PART III
REMOVAL AND DISPOSAL OF VEHICLES
Removal of vehicles
9
1
This regulation applies where an authorised person has reason to believe that an offence under section 29(1) of the 1994 Act —
a
is being committed as regards a vehicle which is stationary on a public road in England or in Wales; or
b
was being committed as regards a vehicle at a time when an immobilisation device which is fixed to the vehicle was fixed to it in accordance with these Regulations and the conditions prescribed in paragraph (2) are fulfilled.
2
The conditions are —
a
24 hours have elapsed since the device was fixed to the vehicle, and
b
the vehicle has not been released in accordance with these Regulations.
3
In a case where this regulation applies, the authorised person or a person acting under his direction, may remove the vehicle and deliver it to a person authorised by the Secretary of State to keep vehicles so removed in his custody (in these Regulations called a “custodian”).
Disposal of removed vehicles
10
1
Subject to the provisions of this regulation, the custodian of a vehicle delivered to him in accordance with regulation 9(3) may dispose of it by selling it or dealing with it as scrap, as he thinks fit.
2
Where the owner of a vehicle has disclaimed all rights of ownership of a vehicle, it may be disposed of pursuant to this regulation at any time.
3
In a case not falling within paragraph (2), a vehicle shall not be disposed of pursuant to this regulation before the end of the period of five weeks beginning with the date on which the vehicle was removed in accordance with regulation 9(3) and until the custodian has, for the purpose of ascertaining the owner of the vehicle, taken such of the steps specified in Schedule 2 to these Regulations as are applicable to the vehicle and either —
a
he has failed to ascertain the name and address of the owner, or
b
the owner has failed to comply with a notice in accordance with paragraph (4) served on him by post.
4
A notice under paragraph (3)(b) shall be a notice addressed to the owner which —
a
states —
i
the registration mark and make of the vehicle;
ii
the place where the vehicle was found before it was immobilised;
iii
the place to which the vehicle has been removed;
iv
the steps to be taken to obtain possession of the vehicle in accordance with regulation 12;
v
that unless the vehicle is removed by the owner on or before the date specified under sub-paragraph (b), the custodian intends to dispose of it; and
b
requires the owner to remove the vehicle from the custody of the custodian within 21 days of the date on which the notice was served.
5
Where it appears to a custodian of a vehicle that more than one person is the owner, such one of them as he thinks fit shall be treated as the owner for the purposes of this regulation.
Recovery of prescribed charges
11
1
Where a vehicle has been removed and delivered into the custody of a custodian in accordance with regulation 9(3), the Secretary of State or the custodian may (whether or not any claim is made under regulation 12 or 14) recover from the person who was the owner of the vehicle when the vehicle was removed the prescribed charges for —
a
its removal and storage; and
b
if the vehicle has been disposed of, its disposal.
2
Where, by virtue of paragraph (1)(a), any sum is recoverable in respect of a vehicle by a custodian, he shall be entitled to retain custody of it until that sum is paid.
Taking possession of a vehicle
12
1
A person (“the claimant”) may take possession of a vehicle which has been removed and delivered to a custodian and has not been disposed of under regulation 10, if the conditions specified in paragraph (2) are satisfied.
2
The conditions are —
a
the claimant satisfies the custodian that he is the owner of the vehicle or that he is authorised by the owner to take possession of the vehicle;
b
except where the claimant produces a vehicle licence in respect of the vehicle which was in force when the vehicle was immobilised or, where it was not immobilised, it was removed, or the custodian is satisfied that these Regulations did not apply to the vehicle at the time it was immobilised or removed, the claimant pays to the custodian —
i
the prescribed charge in respect of the removal of the vehicle; and
ii
the prescribed charge for the storage of the vehicle during the period whilst it was in the custody of the custodian; and
c
the claimant either —
i
produces to the custodian a vehicle licence in respect of the vehicle which is in force at the time the vehicle is claimed; or
ii
pays to the custodian the prescribed charge for the surety payment.
3
On giving the claimant possession of a vehicle pursuant to this regulation, the custodian shall give the claimant a statement of the right of the owner or person in charge of the vehicle at the time it was immobilised or, where it was not immobilised, it was removed to appeal pursuant to regulation 17(2), of the steps to be taken in order to appeal and of the address to which representations to an authorised person made as mentioned in that regulation should be sent.
Offences as to securing possession of vehicles
13
1
Where —
a
a person makes a declaration with a view to securing possession of a vehicle purported to have been delivered into the custody of a custodian in accordance with regulation 9(3);
b
the declaration is that the vehicle is or was an exempt vehicle, and
c
the declaration is to the person’s knowledge either false or in any material respect misleading.
that person is guilty of an offence.
2
A person guilty of an offence under paragraph (1) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, and
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Claim by owner of a vehicle after its disposal
14
1
If, after a vehicle has been disposed of by a custodian pursuant to regulation 10, a person claims to have been the owner of the vehicle at the time when it was disposed of and the conditions specified in paragraph (2) are fulfilled, there shall be payable to him by the custodian a sum calculated in accordance with paragraph (3).
2
The conditions are that —
a
the person claiming satisfies the custodian that he was the owner of the vehicle at the time it was disposed of; and
b
the claim is made before the end of the period of one year beginning with the date on which the vehicle was disposed of.
3
The sum payable under paragraph (1) shall be calculated by deducting from the proceeds of sale the prescribed charges for the removal, storage and disposal of the vehicle.
PART IV
PAYMENT OF SUM WHERE LICENCE IS NOT PRODUCED
Issue of vouchers
15
1
This regulation applies where a surety payment has been made in respect of a vehicle under either —
a
regulation 6(3)(b); or
b
regulation 12(2)(c)(ii).
2
Where this regulation applies a voucher shall be issued in respect of the surety payment to the person making the payment by an authorised person, in a case falling within paragraph (1)(a), or by the custodian, in a case falling within paragraph (1)(b).
3
Where a voucher is so issued section 29(1) of the 1994 Act shall not apply as regards the vehicle concerned if it is used or kept on a public road without a vehicle licence being in force for it at any time during the period of 24 hours beginning with the time when the voucher was issued.
4
Neither an authorised person nor a custodian shall issue a voucher unless they have been furnished with information as to the identity of the owner of the vehicle.
5
A voucher shall contain the following information —
a
the registration mark of the vehicle concerned;
b
the date and time of day when the vehicle was released from the immobilisation device or, as the case may be, possession of it was taken;
c
the name and address of the owner or assumed owner;
d
the amount paid and the means by which it was paid;
e
the name and address of the person procuring the release of the vehicle or, as the case may be, taking possession of it;
f
particulars as to how a refund may be obtained in accordance with paragraph (6).
6
The owner of a vehicle as respects which a voucher has been issued under this regulation shall be entitled to a refund of the amount of the surety payment represented by the voucher if —
a
within the period of 15 days beginning with the date on which the voucher was issued, the voucher is surrendered to a person authorised to issue vouchers or a custodian; and
b
a valid vehicle licence for the vehicle whose registration mark is given in the voucher is produced at the same time.
7
Where a voucher is issued on receipt of a cheque which is subsequently dishonoured —
a
the voucher shall be void;
b
the person to whom the voucher is issued shall be required to deliver it up; and
c
no refund shall be payable under paragraph (6).
Offences relating to vouchers
16
1
Where a person who, in connection with —
a
obtaining a voucher under regulation 15, or
b
obtaining a refund of any sum in respect of which a voucher was issued,
makes a declaration which to his knowledge is either false or in any material respect misleading, he is guilty of an offence.
2
A person is guilty of an offence if he forges, fraudulently alters, fraudulently uses or fraudulently lends a voucher or fraudulently allows a voucher to be used by another person.
3
A person guilty of an offence under paragraph (1) or (2) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, and
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
PART V
DISPUTES
Disputes
17
1
This regulation applies to a dispute which has arisen because —
a
a person (“the claimant”), in order to secure the release or to obtain possession of a vehicle, has paid a charge in accordance with regulation 6 or 12 and alleges that the charge (“the disputed charge”) should be refunded to him on the ground that, at the time the vehicle was immobilised or, where it was not immobilised, it was removed, —
i
a vehicle licence was in force for the vehicle; or
ii
any of the circumstances specified in regulation 4(2) applied to the vehicle; and
b
the person to whom the disputed charge was paid refuses to refund the charge.
2
The claimant under a dispute to which this regulation applies may appeal against the refusal of a refund by sending, to the authorised person whose name is given for this purpose in the statement under regulation 12(3) at the address so given, written representations stating the grounds on which a refund is claimed.
3
The authorised person to whom the appeal is made may disregard any representations which are received by him after the end of the period of 28 days beginning with the date on which the vehicle was released or, as the case may be, on which possession was taken of it.
4
The authorised person shall consider any representations duly made and any evidence provided in support of them and notify the claimant whether or not he accepts that either of the grounds mentioned in paragraph (1)(a) have been established and —
a
if the authorised person notifies the claimant that one of those grounds has been established, the Secretary of State shall refund the disputed charge;
b
if the authorised person rejects the appeal he shall so inform the claimant and at the same time notify him of his right to make a further appeal under paragraph (5).
5
A claimant, who has appealed to an authorised person under paragraph (2), may make a further appeal to a magistrates' court —
a
if his appeal under paragraph (2) has been rejected under paragraph (4) and the further appeal is made within 28 days of his being served with notification to that effect under paragraph (4)(b); or
b
if the authorised person has not notified him of the outcome of his appeal in accordance with paragraph (4) and 56 days have elapsed since he appealed,
and, if the court finds that either of the grounds mentioned in paragraph (1)(a) have been established, it shall order the Secretary of State to refund the disputed charge.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th October 1997


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1997 and shall come into force on 7th April 1997.
2
In this Scheme, the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 and, except where the context otherwise requires, a reference to a numbered Article, Part or Schedule is to the Article, Part or Schedule in the principal Scheme which bears that number.
Substitution of Article 17
2
For Article 17 (allowance for wear and tear of clothing) there shall be substituted —
Allowance for wear and tear of clothing
17
1
A disabled person who is in receipt of a pension under Article 11 or Article 42 may be awarded an allowance in respect of wear and tear of clothing at the rate specified in Schedule 3, paragraph 6 where either —
a
he is in receipt of a pension in respect of an amputation and regularly wears an artificial limb; or
b
the Secretary of State is satisfied that as a result of the disablement which gives rise to an award under this Scheme there is exceptional wear and tear of the disabled person’s clothing.
.
Amendments to Articles 18, 21 and 25A
3
1
In the amendments to the principal Scheme made in paragraphs (2) to (4) below, a claim is a new claim where —
a
it is made on or after 7th April 1997; and
b
on the day which immediately precedes the first day to which the claim relates the person who has sustained a war injury or, as the case may be, a war service injury, does not have an award of the allowance or, as the case may be, the supplement in question.
2
In Article 18 (unemployability allowances) —
a
after paragraph (1) there shall be inserted the following paragraph —
1A
Paragraph (1) shall not apply in the case of a person who submits a new claim for an allowance under this Article —
a
on or after the date he attained the age of 65, or
b
where the degree of disablement is assessed at less than 60 per cent.
;
b
in paragraph (2) for the amount “£2,366” there shall be substituted the amount “£2,418”.
3
In Article 21 (allowance for lowered standard of occupation) —
a
in paragraph (1) at the beginning there shall be inserted the words —
Except in the case of a person to whom paragraph (1A) applies,
; and
b
after paragraph (1) there shall be inserted the following paragraph —
1A
This paragraph applies in the case of a person who submits a new claim for an allowance under this Article —
a
on or after the date he attained the age of 65; or
b
where the degree of disablement is assessed at less than 40 per cent.
.
4
In Article 25A (mobility supplement), after paragraph (1) there shall be inserted the following paragraph —
1A
This Article shall not apply in the case of a person who submits a new claim where the degree of disablement is assessed at less than 40 per cent.
.
Funeral grant
4
1
After Article 26 there shall be inserted —
Funeral grant
26A
Where —
a
a person’s war injury or, as the case may be, war service injury causes him to die on or after 7th April 1997;
b
the funeral took place in the British Islands or the Republic of Ireland; and
c
within three months of the person’s funeral, either —
i
a claim is made for a funeral grant under this Article, or
ii
an enquiry is made in person, in writing or orally to the Secretary of State or to an authorised agent about claiming funeral expenses and a claim is made for such expenses within three months of the date the claim form is sent in response to that enquiry,
the Secretary of State may defray so much of any reasonable funeral expenses as he may determine, including the cost of transporting the person’s body but only within the area of the British Islands and the Republic of Ireland.
.
2
After Article 49 there shall be inserted —
Funeral grant
49A
The provisions of Article 26A shall have effect as if the deceased person had been gainfully occupied.
.
Amendment of Article 71
5
Article 71 shall be amended as follows —
a
after paragraph (1) there shall be inserted the following paragraph —
1A
Where —
a
in accordance with paragraph (1) an award ceased because the person had another person living with her as her spouse; and
b
that person claims an award under Part IV or Article 49(1) in respect of a period which begins after the end of that relationship,
the claim shall be determined as though that relationship never existed.
;
b
paragraphs (3) and (4) shall be omitted.
Substitution of Schedules 3, 4 and 5
6
For Schedules 3, 4 and 5 (rates of pensions and allowances payable in respect of disablement and death and commencing dates of awards of pensions) there shall respectively be substituted the Schedule set out in the Schedule to this Scheme and numbered 3, 4 and 5.
Signed by authority of the Secretary of State for Social Security.
MacKay of Ardbrecknish
Minister of State,
Department of Social Security
12th March 1997
We approve,
Patrick McLoughlin
Gyles Brandreth
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 1997


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Falkland Islands) Order 1997.
2
It is hereby declared —
a
that the arrangements specified in the Arrangement set out in the Schedule to this Order have been made with the Government of the Falkland Islands with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of the Falkland Islands;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of the Falkland Islands concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Medicines (Pharmacy and General Sale — Exemption) (Amendment) Order 1997 and shall come into force on 30th June 1997.
Amendment of the Medicines (Pharmacy and General Sale — Exemption) Order 1980
2
The Medicines (Pharmacy and General Sale — Exemption) Order 1980 shall be amended as follows —
a
in article 1(2)(a) —
i
after the definition of “parenteral administration”, the following definition shall be inserted —
“person responsible for marketing” has the same meaning as in Council Directive 92/74/ EEC widening the scope of Directive 81/851/EEC on the approximation of the provisions laid down by law, regulation or administrative action relating to veterinary medicinal products and laying down additional provisions on homeopathic veterinary medicinal products
, and
ii
after the definition of “prescription only medicine”, the following definition shall be inserted —
“registered homoeopathic veterinary medicinal product” means a homoeopathic veterinary medicinal product registered under the Registration of Homoeopathic Veterinary Medicinal Products Regulations 1997 ;
,
b
in article 5(3), for the words “by the holder of a product licence granted under Part II of the Act or a marketing authorisation to which the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 apply in respect of the veterinary drug in question and”, there shall be substituted the following words —
by —
the holder of a product licence granted under Part II of the Act or a marketing authorisation to which the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 apply in respect of the veterinary drug in question, or
in the case of a registered homoeopathic veterinary medicinal product, the person responsible for marketing such product, and,
and
c
in Part I of Schedule 1, after item 11, the following item shall be inserted —
in column 1 in column 2 in column 3 (Persons Exempted) — (Medicinal products to which the exemption applies) — (Conditions) —
12
A person responsible for marketing a registered homoeopathic veterinary medicinal product
The registered homoeopathic veterinary medicinal product that such person is responsible for marketing As item 11 above.
Signed by authority of the Secretary of State for Health
Baroness Jay
Minister of State,
Department of Health
20th May 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
20th May 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
21st May 1997
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
16th May 1997
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
D. C. Gowdy
Permanent Secretary
23rd day of May 1997
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
P. J. Small
Permanent Secretary
21st day of May 1997


text:
1
This Instrument may be cited as “The Lancashire County Council (Westgate Link Road, Burnley) (The New Barracks Canal Bridge) Scheme 1996 Confirmation Instrument 1997” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Lancashire County Council (Westgate Link Road, Burnley) (The New Barracks Canal Bridge) Scheme 1996 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto and copies of the Scheme withits accompanying plan as modified are deposited at the offices of the Department of Transport, St Christopher House, Southwark Street, London SE1 0TE and at the offices of Lancashire County Council, Christ Church Precinct, County Hall, Preston.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Government Office for the North East
28th February 1996


text:
Citation
1
This Order may be cited as the Environment Act 1995 (Commencement No. 10) Order 1997.
Provisions coming into force on 23rd December 1997
2
The following provisions of the Environment Act 1995 shall come into force on 23rd December 1997:
sections 82 to 86;
section 90 and Schedule 11 in so far as they are not already in force;
section 120(1) in so far as it relates to paragraph 46(5) of Schedule 22.
Signed by authority of the Secretary of State,
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
16th December 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police Pensions (Amendment) Regulations 1997.
2
These Regulations shall come into force on 30th June 1997 but shall have effect from 13th December 1995.
3
In these Regulations “the principal Regulations ” means the Police Pensions Regulations 1987 .
Pensionable and average pensionable pay
2
Regulation G1(1) of the principal Regulations is amended by inserting after the words “those Regulations)” the words–
or so much of his pay at that rate as is attributable to his determined hours (within the meaning of regulation 1(6) of the Police (Scotland) Regulations 1976 as applied by virtue of paragraph 1 of Schedule 1B to those Regulations)
.
Part-time service
3
Schedule A to the principal Regulations is amended–
a
by inserting at the end of the definition of “the appropriate factor”–
or the factor which was the appropriate factor within the meaning of regulation 1(6) or (7) of the Police (Scotland) Regulations 1976 as it applied by virtue of paragraph 1 of Schedule 1B to those Regulations
;
and
b
by inserting at the end of the definition of “part-time service”–
or pursuant to an appointment under regulation 2A of the Police (Scotland) Regulations 1976
.
Right to opt out of effect of provisions of these Regulations
4
1
This regulation applies in relation to any pension which is or may become payable under the principal Regulations to or in respect of a person who, having served as a member of a police force, has ceased so to serve or died before these Regulations come into force.
2
Where, in a case to which this regulation applies, any provision of these Regulations would operate in relation to any person so as to place that person in a worse position than he would have been in if the provision had not applied in relation to any pension which is being paid or may become payable to him, that person may elect that the provision shall not so apply by giving notice in accordance with paragraph (3).
3
A notice given pursuant to paragraph (2) shall be in writing and shall be delivered to the police authority responsible for payment of the pension within 6 months after the coming into force of these Regulations.
Brian Wilson
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
19th May 1997
We consent
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd June 1997


text:
Commencement and citation
1
This Order may be cited as The A316 Trunk Road (Hounslow) Red Route Experimental Traffic Order 1997, and shall come into force on 14th November 1997.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 6, 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road or an area of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3 (1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Hounslow (Waiting and Loading Restrictions) Order 1977 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Hounslow (Waiting and Loading Restrictions) Order 1977 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
TRO 328
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
3rd November 1997


text:
Citation and commencement
1
This Order may be cited as the Vehicle Inspectorate Trading Fund (Appropriation of Additional Assets) Order 1997 and shall come into force on 31st March 1997.
Interpretation
2
In this Order —
“additional assets” means the Crown assets described in the Schedule to this Order;
“the principal order” means the Vehicle Inspectorate Trading Fund Order 1991; and
“the fund” means the trading fund established by the principal order.
Appropriation of assets to the fund
3
The additional assets shall be appropriated as assets of the fund.
Public dividend capital
4
50% of the value of the additional assets shall be treated as public dividend capital of the fund.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
4th March 1997
We concur
Patrick McLoughlin
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Recovery of Benefits) Regulations 1997 and shall come into force on 6th October 1997.
2
In these Regulations —
“the 1992 Act ” means the Social Security Administration Act 1992;
“the 1997 Act ” means the Social Security (Recovery of Benefits) Act 1997;
“commencement day” means the day these Regulations come into force;
“compensator” means a person making a compensation payment;
“ Compensation Recovery Unit ” means the Compensation Recovery Unit of the Department of Social Security at Reyrolle Building, Hebburn, Tyne and Wear NE31 1XB.
3
A reference in these Regulations to a numbered section or Schedule is a reference, unless the context otherwise requires, to that section of or Schedule to the 1997 Act.
Exempted trusts and payments
2
1
The following trusts are prescribed for the purposes of paragraph 4 of Schedule 1:
a
the Macfarlane Trust established on 10th March 1988 partly out of funds provided by the Secretary of State to the Haemophilia Society for the relief of poverty or distress among those suffering from haemophilia;
b
the Macfarlane (Special Payments) Trust established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;
c
the Macfarlane (Special Payments) ( No. 2) Trust established on 3rd May 1991 partly out of funds provided by the Secretary of State for the benefit of certain persons suffering from haemophilia and other beneficiaries;
d
the Eileen Trust established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions.
2
The following payments are prescribed for the purposes of paragraph 8 of Schedule 1:
a
any payment to the extent that it is made —
i
in consequence of an action under the Fatal Accidents Act 1976 ; or
ii
in circumstances where, had an action been brought, it would have been brought under that Act;
b
any payment to the extent that it is made in respect of a liability arising by virtue of section 1 of the Damages (Scotland) Act 1976 ;
c
any payment made under the Vaccine Damage Payments Act 1979 to or in respect of the injured person;
d
any award of compensation made to or in respect of the injured person under the Criminal Injuries Compensation Act 1995 or by the Criminal Injuries Compensation Board under the Criminal Injuries Compensation Scheme 1990 or any earlier scheme;
e
any compensation payment made by British Coal in accordance with the NCB Pneumoconiosis Compensation Scheme set out in the Schedule to an agreement made on the 13th September 1974 between the National Coal Board, the National Union of Mine Workers, the National Association of Colliery Overmen Deputies and Shot-firers and the British Association of Colliery Management;
f
any payment made to the injured person in respect of sensorineural hearing loss where the loss is less than 50 dB in one or both ears;
g
any contractual amount paid to an employee by an employer of his in respect of a period of incapacity for work;
h
any payment made under the National Health Service (Injury Benefits) Regulations 1995 or the National Health Service (Scotland) (Injury Benefits) Regulations 1974 ;
i
any payment made by or on behalf of the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992.
Information to be provided by the compensator
3
The following information is prescribed for the purposes of section 23(1):
a
the full name and address of the injured person;
b
where known, the date of birth or national insurance number of that person, or both if both are known;
c
where the liability arises, or is alleged to arise, in respect of an accident or injury, the date of the accident or injury;
d
the nature of the accident, injury or disease; and
e
where known, and where the relevant period may include a period prior to 6th April 1994, whether, at the time of the accident or injury or diagnosis of the disease, the person was employed under a contract of service, and, if he was, the name and address of his employer at that time and the person’s payroll number.
Information to be provided by the injured person
4
The following information is prescribed for the purposes of section 23(2):
a
whether the accident, injury or disease resulted from any action taken by another person, or from any failure of another person to act, and, if so, the full name and address of that other person;
b
whether the injured person has claimed or may claim a compensation payment, and, if so, the full name and address of the person against whom the claim was or may be made;
c
the amount of any compensation payment and the date on which it was made;
d
the listed benefits claimed, and for each benefit the date from which it was first claimed and the amount received in the period beginning with that date and ending with the date the information is sent;
e
in the case of a person who has received statutory sick pay during the relevant period and prior to 6th April 1994, the name and address of any employer who made those payments to him during the relevant period and the dates the employment with that employer began and ended; and
f
any changes in the medical diagnosis relating to the condition arising from the accident, injury or disease.
Information to be provided by the employer
5
The following information is prescribed for the purposes of section 23(5):
a
the amount of any statutory sick pay the employer has paid to the injured person since the first day of the relevant period and before 6th April 1994;
b
the date the liability to pay such statutory sick pay first arose and the rate at which it was payable;
c
the date on which such liability terminated; and
d
the causes of incapacity for work during any period of entitlement to statutory sick pay during the relevant period and prior to 6th April 1994.
Provision of information
6
A person required to give information to the Secretary of State under regulations 3 to 5 shall do so by sending it to the Compensation Recovery Unit not later than 14 days after —
a
where he is a person to whom regulation 3 applies, the date on which he receives a claim for compensation from the injured person in respect of the accident, injury or disease;
b
where he is a person to whom regulation 4 or 5 applies, the date on which the Secretary of State requests the information from him.
Application for a certificate of recoverable benefits
7
1
The following particulars are prescribed for the purposes of section 21(3)(a) (particulars to be included in an application for a certificate of recoverable benefits):
a
the full name and address of the injured person;
b
the date of birth and, where known, the national insurance number of that person;
c
where the liability arises or is alleged to arise in respect of an accident or injury, the date of the accident or injury;
d
the nature of the accident, injury or disease;
e
where the person liable, or alleged to be liable, in respect of the accident, injury or disease, is the employer of the injured person, or has been such an employer, the information prescribed by regulation 5.
2
An application for a certificate of recoverable benefits is to be treated for the purposes of the 1997 Act as received by the Secretary of State on the day on which it is received by the Compensation Recovery Unit, or if the application is received after normal business hours, or on a day which is not a normal business day at that office, on the next such day.
Payments into court
8
1
Subject to the provisions of this regulation, where a party to an action makes a payment into court which, had it been paid directly to another party to the action (“the relevant party”), would have constituted a compensation payment —
a
the making of that payment shall be treated for the purposes of the 1997 Act as the making of a compensation payment;
b
a current certificate of recoverable benefits shall be lodged with the payment; and
c
where the payment is calculated under section 8, the compensator must give the relevant party the information specified in section 9(1), instead of the person to whom the payment is made.
2
The liability under section 6(1) to pay an amount equal to the total amount of the recoverable benefits shall not arise until the person making the payment into court has been notified that the whole or any part of the payment into court has been paid out of court to or for the relevant party.
3
Where a payment into court in satisfaction of his claim is accepted by the relevant party in the initial period, then as respects the compensator in question, the relevant period shall be taken to have ended, if it has not done so already, on the day on which the payment into court (or if there were two or more such payments, the last of them) was made.
4
Where, after the expiry of the initial period, the payment into court is accepted in satisfaction of the relevant party’s claim by consent between the parties, the relevant period shall end, if it has not done so already, on the date on which application to the court for the payment is made.
5
Where, after the expiry of the initial period, payment out of court is made wholly or partly to or for the relevant party in accordance with an order of the court and in satisfaction of his claim, the relevant period shall end, if it has not done so already, on the date of that order.
6
In paragraphs (3), (4) and (5), “the initial period” means the period of 21 days after the receipt by the relevant party to the action of notice of the payment into court having been made.
7
Where a payment into court is paid out wholly to or for the party who made the payment (otherwise than to or for the relevant party to the action) the making of the payment into court shall cease to be regarded as the making of a compensation payment.
8
A current certificate of recoverable benefits in paragraph (1) means one that is in force as described in section 4(4).
Reduction of compensation: complex cases
9
1
This regulation applies where —
a
a compensation payment in the form of a lump sum (an “earlier payment”) has been made to or in respect of the injured person; and
b
subsequently another such payment ( a “later payment”) is made to or in respect of the same injured person in consequence of the same accident, injury or disease.
2
In determining the liability under section 6(1) arising in connection with the making of the later payment, the amount referred to in that subsection shall be reduced by any amount paid in satisfaction of that liability as it arose in connection with the earlier payment.
3
Where —
a
a payment made in satisfaction of the liability under section 6(1) arising in connection with an earlier payment is not reflected in the certificate of recoverable benefits in force at the time of a later payment, and
b
in consequence, the aggregate of payments made in satisfaction of the liability exceeds what it would have been had that payment been so reflected,
the Secretary of State shall pay the compensator who made the later payment an amount equal to the excess.
4
Where —
a
a compensator receives a payment under paragraph (3), and
b
the amount of the compensation payment made by him was calculated under section 8,
then the compensation payment shall be recalculated under section 8, and the compensator shall pay the amount of the increase (if any) to the person to whom the compensation payment was made.
5
Where both the earlier payment and the later payment are made by the same compensator, he may —
a
aggregate the gross amounts of the payments made by him;
b
calculate what would have been the reduction made under section 8(3) if that aggregate amount had been paid at the date of the last payment on the basis that —
i
so much of the aggregate amount as is attributable to a head of compensation listed in column (1) of Schedule 2 shall be taken to be the part of the gross amount which is attributable to that head, and
ii
the amount of any recoverable benefits shown against any head in column (2) of that Schedule shall be taken to be the amount determined in accordance with the most recent certificate of recoverable benefits;
c
deduct from that reduction calculated under sub-paragraph (b) the amount of the reduction under section 8(3) from any earlier payment; and
d
deduct from the latest gross payment the net reduction calculated under sub-paragraph (c) (and accordingly the latest payment may be nil).
6
Where the Secretary of State is making a refund under paragraph (3), he shall send to the compensator (with the refund) and to the person to whom the compensation payment was made a statement showing —
a
the total amount that has already been paid by that compensator to the Secretary of State;
b
the amount that ought to have been paid by that compensator; and
c
the amount to be repaid to that compensator by the Secretary of State.
7
Where the reduction of a compensation payment is recalculated by virtue of paragraph (4) or (5) the compensator shall give notice of the calculation to the injured person.
Structured settlements
10
1
This regulation applies where —
a
in final settlement of an injured person’s claim, an agreement is entered into —
i
for the making of periodical payments (whether of an income or capital nature); or
ii
for the making of such payments and lump sum payments; and
b
apart from the provisions of this regulation, those payments would fall to be treated for the purposes of the 1997 Act as compensation payments.
2
Where this regulation applies, the provisions of the 1997 Act and these Regulations shall be modified in the following way —
a
the compensator in question shall be taken to have made on that day a single compensation payment;
b
the relevant period in the case of the compensator in question shall be taken to end (if it has not done so already) on the day of settlement;
c
payments under the agreement referred to in paragraph (1)(a) shall be taken not to be compensation payments;
d
paragraphs (5) and (7) of regulation 11 shall not apply.
3
Where any further payment falls to be made to or in respect of the injured person otherwise than under the agreement in question, paragraph (2) shall be disregarded for the purpose of determining the end of the relevant period in relation to that further payment.
4
In any case where —
a
the person making the periodical payments (“the secondary party”) does so in pursuance of arrangements entered into with another (“the primary party”) (as in a case where the primary party purchases an annuity for the injured person from the secondary party), and
b
apart from those arrangements, the primary party would have been regarded as the compensator,
then for the purposes of the 1997 Act, the primary party shall be regarded as the compensator and the secondary party shall not be so regarded.
5
In this regulation “the day of settlement” means —
a
if the agreement referred to in paragraph (1)(a) is approved by a court, the day on which that approval is given; and
b
in any other case, the day on which the agreement is entered into.
Adjustments
11
1
Where the conditions specified in subsection (1) and paragraphs (a) and (b) of subsection (2) of section 14 are satisfied, the Secretary of State shall pay the difference between the amount that has been paid and the amount that ought to have been paid to the compensator.
2
Where the conditions specified in subsection (1) and paragraphs (a) and (b) of subsection (3) of section 14 are satisfied, the compensator shall pay the difference between the total amounts paid and the amount that ought to have been paid to the Secretary of State.
3
Where the Secretary of State is making a refund under paragraph (1), or demanding payment of a further amount under paragraph (2), he shall send to the compensator (with the refund or demand) and to the person to whom the compensation payment was made a statement showing —
a
the total amount that has already been paid to the Secretary of State;
b
the amount that ought to have been paid; and
c
the difference, and whether a repayment by the Secretary of State or a further payment to him is required.
4
This paragraph applies where —
a
the amount of the compensation payment made by the compensator was calculated under section 8; and
b
the Secretary of State has made a payment under paragraph (1).
5
Where paragraph (4) applies, the amount of the compensation payment shall be recalculated under section 8 to take account of the fresh certificate of recoverable benefits and the compensator shall pay the amount of the increase (if any) to the person to whom the compensation payment was made.
6
This paragraph applies where —
a
the amount of the compensation payment made by the compensator was calculated under section 8;
b
the compensator has made a payment under paragraph (2); and
c
the fresh certificate of recoverable benefits issued after the review or appeal was required as a result of the injured person or other person to whom the compensation payment was made supplying to the compensator information knowing it to be incorrect or insufficient with the intent of enhancing the compensation payment calculated under section 8, and the compensator supplying that information to the Secretary of State without knowing it to be incorrect or insufficient.
7
Where paragraph (6) applies, the compensator may recalculate the compensation payment under section 8 to take account of the fresh certificate of recoverable benefits and may require the repayment to him by the person to whom he made the compensation payment of the difference (if any) between the payment made and the payment as so recalculated.
Transitional provisions
12
1
In relation to a compensation payment to which by virtue of section 2 the 1997 Act applies and subject to paragraph (2), a certificate of total benefit issued under Part IV of the 1992 Act shall be treated on or after the commencement date as a certificate of recoverable benefits issued under the 1997 Act and the amount of total benefit treated as that of recoverable benefits.
2
Paragraph (1) shall not apply to a certificate of total benefit which specifies an amount in respect of disability living allowance without specifying whether that amount was, or is likely to be, paid wholly by way of the care component or the mobility component or (if not wholly one of them) specifying the relevant amount for each component.
3
Any appeal under section 98 of the 1992 Act made on or after the commencement date shall be referred to and determined by a medical appeal tribunal notwithstanding that it would otherwise have been referred by the Secretary of State to a social security appeal tribunal.
4
Paragraph (5) applies where —
a
an amount has been paid to the Secretary of State under section 82(1)(b) of the 1992 Act,
b
liability arises on or after the commencement day to make a payment under section 6(1), and
c
the compensation payments which give rise to the liability to make both payments are to or in respect of the same injured person in consequence of the same accident, injury or disease.
5
Where this paragraph applies, the liability under section 6 shall be reduced by the payment (or aggregate of the payments, if more than one) described in paragraph (4)(a).
6
Where–
a
a payment into court has been made on a date prior to the commencement day but the initial period, as defined in section 93(6) of the 1992 Act, in relation to that payment, expires on or after the commencement day; and
b
the payment into court is accepted by the other party to the action in the initial period,
that payment into court shall be treated as a compensation payment to which the 1992 Act, and not the 1997 Act, applies.
7
Where a payment into court has been made prior to the commencement day, remains in court on that day and paragraph (6) does not apply, that payment into court shall be treated as a payment to which the 1997 Act applies, but paragraph (1) (b) and (c) of regulation 8 shall not apply.
Signed by authority of the Secretary of State for Social Security.
Patricia Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
10th September 1997


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1997 and shall come into force on 22nd April 1997.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendment of regulation 80
3
In regulation 80(1), for the words “paragraph (2), (2A), (2B) and (2C)” there shall be substituted “paragraphs (2), (2A) and (2B)”.
Amendments of Schedule 11A (exemptions for combined transport)
4
1
Schedule 11A shall be amended as follows.
2
In the heading to the Schedule for “80(2C)” there shall be substituted “80(2B)”.
3
In paragraph 9(1) —
a
in the definition of “loading unit” after the words “bi-modal vehicle” there shall be inserted “, road-rail semi-trailer”;
b
after paragraph (b) of the definition of “railhead” there shall be inserted —
or,
c
road-rail semi-trailers from the ground onto railway vehicles on the track of a railway,
;
c
after the definition of “relevant receptacle” there shall be inserted the following definition —
“road-rail semi-trailer” means a semi-trailer constructed or adapted so as to be capable of being both used as a semi-trailer on roads and carried on a railway vehicle;
.
5
In paragraph 9(4) —
a
the word “and” after paragraph (a) shall be omitted; and
b
at the end of sub-paragraph (b) there shall be inserted —
and
c
a road-rail semi-trailer shall be regarded as being transported by railway in a relevant manner if and only if it is being carried on a railway vehicle which forms part of a train
.
6
After paragraph 9(5) there shall be inserted the following sub-paragraph —
6
A road-rail semi-trailer shall be regarded, for the purposes of this Schedule, as not being transported by railway in a relevant manner at any time when it is being carried on a railway vehicle as part of an articulated vehicle.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
25th March 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Hermes Europe Railtel B.V.) 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 Taylor,
Parliamentary Under-Secretary of State for Science and Technology,
Department of Trade and Industry
17th March 1997