text:
Title and commencement
1
This Order may be cited as the European Parliamentary (United Kingdom Representatives) Pensions (Amendment) Order 1997 and shall come into force on 4th June 1997.
Interpretation
2
In this Order —
“the principal Order ” means the European Parliamentary (United Kingdom Representatives) Pensions (Consolidation and Amendment) Order 1994 ;
and other expressions shall have the same meaning as in the principal Order.
3
In the principal Order, after Article 30, there shall be inserted the following Article —
Resolution of disputes
30A
1
As part of the arrangements for the resolution of disputes made in compliance with section 50 of the Pensions Act 1995 , on the application of a complainant following a decision given in accordance with section 50(2)(a) of that Act, the Managers shall reconsider the matter in question and confirm the decision or give a new decision in its place.
2
In paragraph (1) above, “complainant” shall have the same meaning as “complainant of a prescribed description” in section 50(2)(a) of the Pensions Act 1995 .
Ann Taylor
President of the Council
12th May 1997


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Representation of the People (Variation of Limits of Candidates’ Election Expenses) Order 1997 and shall come into force on the day after the day on which it is made.
2
Articles 6, 7 and 8 of this Order do not extend to Northern Ireland.
3
In this Order “the Act of 1983 ” means the Representation of the People Act 1983.
2
The maximum amount of a candidate’s election expenses at a parliamentary general election, being an election in a county constituency, shall be varied by substituting for the words “£4,642” and “5.2p” in section 76(2)(a)(i) of the Act of 1983 , the words “£4,965” and “5.6p”, respectively.
3
The maximum amount of a candidate’s election expenses at a parliamentary general election, being an election in a borough constituency, shall be varied by substituting for the words “£4,642” and “3.9p” in section 76(2)(a)(ii) of the Act of 1983, the words “£4,965” and “4.2p”, respectively.
4
The maximum amount of a candidate’s election expenses at a parliamentary by-election in a county constituency shall be varied by substituting for the words “£18,572” and “20.8p” in section 76(2)(aa)(i) of the Act of 1983 , the words “£19,863” and “22.2p”, respectively.
5
The maximum amount of a candidate’s election expenses at a parliamentary by-election in a borough constituency shall be varied by substituting for the words “£18,572” and “15.8p” in section 76(2)(aa)(ii) of the Act of 1983, the words “£19,863” and “16.9p”, respectively.
6
The maximum amount of a candidate’s election expenses at a local government election shall be varied by substituting for the words “£205” and “4p” in section 76(2)(b)(ii) of the Act of 1983 , the words “£219” and “4.3p”, respectively.
7
The maximum amount of a candidate’s election expenses at a ward election in the City of London shall be varied by substituting for the words “£205” and “4p” in section 197(1) of the Act of 1983 , the words “£219” and “4.3p”, respectively.
8
The maximum amount of a candidate’s election expenses at an election by liverymen in common hall shall be varied by substituting for the words “21.8p” in section 197(2) of the Act of 1983 , the words “23.3p”.
9
The Representation of the People (Variation of Limits of Candidates’ Election Expenses) Order 1994 is hereby revoked.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
16th March 1997


text:
Title and commencement
1
These Regulations may be cited as the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1997 and shall come into force on 31st December 1997.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“Commission Regulation 3567/92” means Commission Regulation ( EEC ) No. 3567/92 laying down detailed rules for the application of the individual limits, national reserves and transfer of rights provided for in Articles 5a to 5c of Council Regulation (EEC) No. 3013/89 on the common organization of the market in sheepmeat and goatmeat ;
“Commission Regulation 3886/92” means Commission Regulation (EEC) No. 3886/92 laying down detailed rules for the application of the premium schemes provided for in Council Regulation (EEC) No. 805/68 on the common organization of the market in beef ;
“the Community legislation” means Articles 5a and 5b of Council Regulation 3013/89, Commission Regulation 3567/92, Articles 4d to 4h of Council Regulation 805/68, and Articles 22 to 40 and, so far as they relate to suckler cow premium, 41 to 45 of Commission Regulation 3886/92;
“Council Regulation 805/68” means Council Regulation (EEC) No. 805/68 on the common organization of the market in beef and veal ;
“Council Regulation 3013/89” means Council Regulation (EEC) No. 3013/89 on the common organization of the market in sheepmeat and goatmeat ;
“holding” has the same meaning as in —
Article 1(3) of Council Regulation (EEC) No. 3493/90 laying down general rules for the grant of premiums to sheepmeat and goatmeat producers insofar as these Regulations relate to sheep annual premium quota; and
Article 4a of Council Regulation 805/68 insofar as these Regulations relate to suckler cow premium quota;
“lease” means —
a temporary lease under Article 5a(4)(d) of Council Regulation 3013/89 insofar as these Regulations relate to sheep annual premium quota; and
a temporary transfer under Article 4e(3) of Council Regulation 805/68 insofar as these Regulations relate to suckler cow premium quota,
and “lessor” shall be construed accordingly;
“marketing year” means a marketing year as defined in Article 3(3) of Council Regulation 3013/89;
“the Minister” means —
in relation to England, the Ministry of Agriculture, Fisheries and Food;
in relation to Wales or Scotland, the Secretary of State; and
in relation to Northern Ireland, the Department of Agriculture for Northern Ireland;
“producer” has the same meaning as the expression —
“sheepmeat and/or goatmeat producer” (insofar as it relates to ewes) in Article 1(1) of Council Regulation (EEC) No. 3493/90 laying down general rules for the grant of premiums to sheepmeat and goatmeat producers insofar as these Regulations relate to sheep annual premium quota; and
“producer” in Article 4a of Council Regulation 805/68 insofar as these Regulations relate to suckler cow premium quota;
“quota” means sheep annual premium quota or as the case may be suckler cow premium quota;
“quota register” means the register prepared and maintained under regulation 12;
“relevant year” means, in the case of a sheep producer, the 1991 marketing year and, in the case of a suckler cow producer, the 1992 calendar year;
“sensitive zones” means the sensitive zones specified in Schedule 1 and a reference to a numbered sensitive zone is a reference to the sensitive zone so numbered in that Schedule;
“sharefarming agreement” means a farming contract made between the owner of land (including a person entitled for a term of years certain or other limited estate) and a farmer with no legal interest or charge in or over the land concerned which does not constitute the parties partners or employer and employee but merely contracting parties whose liabilities remain separate, whose contributions are defined by the agreement between them, whose responsibility for planning and managing the farming enterprise is joint and whose rewards are an agreed share of the revenue of that enterprise; and any reference in these Regulations to a “sharefarmer” is a reference to any farmer such as is specified above;
“sheep annual premium” means the premium granted under Article 5 of Council Regulation 3013/89 and any reference in these Regulations to the Sheep Annual Premium Scheme for a given year is a reference to the arrangements adopted by the Minister for enabling sheep annual premium to be granted in respect of that year;
“sheep annual premium quota” means the right to sheep annual premium subject to the individual limit referred to in Article 5a of Council Regulation 3013/89;
“the sheep annual premium quota national reserve” means the national reserve of sheep annual premium quota established under Article 5b of Council Regulation 3013/89;
“suckler cow premium” means the premium granted under Article 4d of Council Regulation 805/68 and any reference in these Regulations to the Suckler Cow Premium Scheme for a given year is a reference to the arrangements adopted by the Minister for enabling suckler cow premium to be granted in respect of that year;
“suckler cow premium quota” means the right to suckler cow premium subject to the individual ceiling referred to in Article 4d of Council Regulation 805/68;
“the suckler cow premium quota national reserve” means the national reserve of suckler cow premium quota established under Article 4f of Council Regulation 805/68;
“transfer”, in relation to quota, means —
a transfer of sheep annual premium quota under Article 5a(4)(b) of Council Regulation 3013/89 insofar as these Regulations relate to such quota; and
a transfer of suckler cow premium quota under Article 4e(1) of Council Regulation 805/68 insofar as these Regulations relate to such quota,
but does not include a lease, and “transferor” shall be construed accordingly.
2
In these Regulations, unless the context otherwise requires, any reference to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; or
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
3
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.
4
Insofar as these Regulations relate to sheep annual premium quota, any reference in them to —
a
the national reserve is a reference to the sheep annual premium quota national reserve;
b
the national reserve for a given year is a reference to the sheep annual premium quota national reserve for any particular marketing year later than 1998, insofar as it comprises —
i
any sheep annual premium quota which has been added to that or any previous national reserve in accordance with regulation 10(1),
ii
any sheep annual premium quota which has been added to that or any previous national reserve in accordance with regulation 10(2),
iii
any sheep annual premium quota carried forward from the national reserve for the previous year in accordance with regulation 11(5) or paragraph 2(1) of Schedule 3, and
iv
(in the case of the national reserve for 1999 only) any sheep annual premium quota which the Minister had by the time these Regulations were made directed should be carried forward into the national reserve for 1999 (within the meaning of the expression “the national reserve for any given year later than 1993” as defined in regulation 2(1) of the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993 , as read with regulation 2(4) thereof) under the provisions of paragraph (5) of regulation 13A of or paragraph 6(1) of Schedule 3 to those Regulations; or
c
a particular, but unspecified national reserve is a reference to the national reserve for a given year.
5
Insofar as these Regulations relate to suckler cow premium quota, any reference in them to —
a
the national reserve is a reference to the suckler cow premium quota national reserve;
b
the national reserve for a given year is a reference to the suckler cow premium quota national reserve for any given calendar year later than 1997 insofar as it comprises —
i
any suckler cow premium quota which has been added to that or any previous national reserve in accordance with regulation 10(1),
ii
any suckler cow premium quota which has been added to that or any previous national reserve in accordance with regulation 10(2),
iii
any suckler cow premium quota carried forward from the national reserve for the previous year in accordance with regulation 11(5) or paragraph 2(1) of Schedule 3, and
iv
(in the case of the national reserve for 1998 only) any suckler cow premium quota which the Minister had by the time these Regulations were made directed should be carried forward into the national reserve for 1998 (within the meaning of the expression “the national reserve for any given year later than 1993” as defined in regulation 2(1) of the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993, as read with regulation 2(4) thereof) under the provisions of paragraph (5) of regulation 13A of or paragraph 6(1) of Schedule 3 to those Regulations; or
c
a particular, but unspecified national reserve is a reference to the national reserve for a given year.
Location of holdings
3
1
The location of a producer’s holding in any given marketing or as the case may be calendar year shall be that determined on 15th May in that year.
2
Where a producer’s holding is not situated entirely in a single sensitive zone, then —
a
where the holding concerned is situated in two sensitive zones, it shall be treated for the purposes of these Regulations as being located in whichever of those sensitive zones contains the greater part of the agricultural area utilised for farming on that holding; and
b
where the holding concerned is situated in at least 3 sensitive zones, the sensitive zone in which it shall be treated as being located for the purposes of these Regulations is as follows —
i
if the holding is situated entirely in Great Britain, then —
aa
if the greater part of the agricultural area utilised for farming on that holding is situated within the land comprising sensitive zones 1 to 4, it shall be treated for the purposes of these Regulations as being located in whichever of those sensitive zones contains the largest single part of the holding, and
bb
if the greater part of the agricultural area utilised for farming on that holding is situated in sensitive zone 5, it shall be treated for the purposes of these Regulations as being located in that zone, and
ii
if any part of that holding is situated in sensitive zone 6, then —
aa
if the greater part of the agricultural area utilised for farming on the holding concerned is situated in that zone, it shall be treated for the purposes of these Regulations as being located in the said zone, and
bb
if the greater part of the agricultural area utilised for farming on the holding concerned is situated in Great Britain —
aaa
where the majority of the holding is situated within the land comprising sensitive zone 1, 2, 3 or 4 and that part of sensitive zone 6 which is disadvantaged land or severely disadvantaged land, that holding shall be treated for the purposes of these Regulations as being located in whichever of those sensitive zones contains the largest single part of the holding, and
bbb
where the majority of the holding is situated within the land comprising sensitive zone 5 and that part of sensitive zone 6 which is not disadvantaged land or severely disadvantaged land, that holding shall be treated for the purposes of these Regulations as being located in whichever of those sensitive zones contains the largest single part of the holding.
3
Where a producer’s holding is located in sensitive zone 5, or is to be treated by virtue of paragraph (2) as so located, and the parts of the holding in sensitive zone 5 are not situated entirely within England, Wales or Scotland, the holding shall be treated for the purposes of these Regulations as being located in whichever of those countries or as the case may be that principality contains the greatest part of the agricultural area utilised for farming on the holding that is within sensitive zone 5.
4
In this regulation —
a
“agricultural area utilised for farming” has the same meaning as in Article 5(b) of Council Regulation (EEC) No. 571/88 on the organization of Community surveys on the structure of agricultural holdings between 1988 and 1997 ;
b
“disadvantaged land” and “severely disadvantaged land” have the same meanings as in regulation 2(1) of the Hill Livestock (Compensatory Allowances) Regulations (Northern Ireland) 1996 .
Transfer or lease of quota: notification
4
1
The notification of a transfer or lease of quota in respect of a given marketing or as the case may be calendar year required by Article 7(2) of Commission Regulation 3567/92 or as the case may be Article 34(2) of Commission Regulation 3886/92 shall be made to the Minister with responsibility for the part of the United Kingdom in which the transferor’s holding is located in that year in such form as the Minister may on reasonable grounds from time to time determine.
2
The deadline for notifying a transfer or lease of sheep annual premium quota in respect of a given marketing year shall be the end of the period specified in regulation 3(2)(b) of the Sheep Annual Premium Regulations 1992 for delivering applications for sheep annual premium in respect of that marketing year.
3
The deadline for notifying a transfer or lease of suckler cow premium quota in respect of a given calendar year shall be —
a
if the producer receiving the quota under the transfer or lease submits a suckler cow premium application for that year by the end of the period specified in regulation 3(1) of the Suckler Cow Premium Regulations 1993 for submitting such an application, the date of lodgement of that application; or
b
if no such application is submitted by that time by that producer, the end of the period so specified.
4
Notification of a transfer or lease of sheep annual premium quota in respect of a given marketing year may be made from such date prior to the deadline for that notification, as specified in paragraph (2), as the Minister may reasonably direct until the expiry of that deadline.
5
Notification of a transfer or lease of suckler cow premium quota in respect of a given calendar year may be made from such date prior to the deadline for that notification, as specified in paragraph (3), as the Minister may reasonably determine until the expiry of that deadline.
6
Nothing in this regulation shall prevent quota from being transferred through an inheritance at any time, although —
a
(in the case of suckler cow premium quota) the beneficiary may not use the quota concerned to claim suckler cow premium until the quota has been transferred to him; and
b
(in the case of sheep annual premium quota) the beneficiary may not (except where, in relation to a particular marketing year, the transfer takes place by the deadline specified in paragraph (2)) use the quota concerned to claim sheep annual premium until the quota has been transferred to him.
Transfer or lease of quota: other provisions
5
1
Where a producer transfers quota without transferring his holding, the part of the quota surrendered to the national reserve under Article 5a(4)(b) of Council Regulation 3013/89 or Article 4e(1) of Council Regulation 805/68 shall be 15%.
2
In the case of a producer with fewer than 10 units of suckler cow premium quota, the minimum number of such units which may be the subject of a transfer or lease shall be 1, unless the amount of quota transferred or leased out comprises the whole of his quota allocation.
Transfer of quota with holding
6
1
Paragraphs (2), (3) and (4) are subject to paragraph (5).
2
For the purposes of regulation 5(1), a producer shall be taken to have transferred quota without transferring his holding if he has not transferred the quota in question together with his holding within the meaning of this regulation.
3
A producer shall be regarded as transferring suckler cow premium quota together with his holding only if the circumstances specified in any of Case A, Case B or Case C set out in Part I of Schedule 2 obtain.
4
A producer shall be regarded as transferring sheep annual premium quota together with his holding only if the circumstances specified in any of Case A, Case B or Case C set out in Part II of Schedule 2 obtain.
5
For the purposes of paragraphs (3) and (4), if the Minister is not satisfied on reasonable grounds that the recipient of the quota has already taken over the transferor’s holding, the transfer of quota shall be deemed to be a transfer without a corresponding transfer of a holding.
Sensitive zones
7
1
Quota that is allocated to a producer from the national reserve for a given year shall be regarded as belonging to the sensitive zone which the producer has in his application for the allocation concerned indicated as being the one in which his holding is to be situated in the year corresponding with that given year.
2
A producer shall not (except in accordance with regulation 8) acquire by transfer or lease in any marketing or as the case may be calendar year quota which does not belong to the sensitive zone in which his holding is located in the marketing or calendar year concerned.
3
It shall not be lawful for a producer to receive sheep annual premium or suckler cow premium in respect of any given marketing or as the case may be calendar year in reliance on quota that does not belong to the sensitive zone in which his holding is located in that year.
Transfers and leases between sensitive zones
8
1
A producer whose holding is in any marketing or as the case may be calendar year located in one of sensitive zones 1 to 4 may in that year transfer or lease quota belonging to that zone to any producer whose holding is in the said marketing or as the case may be calendar year located in sensitive zone 5, if —
a
the transferor or lessor is participating in a qualifying environmental scheme that involves extensification of livestock production;
b
he cannot fully use his quota without exceeding the maximum stocking level permitted under that scheme; and
c
the amount of quota transferred or leased does not exceed the amount by which his quota exceeds the maximum stocking level permitted under the scheme.
2
Quota that is transferred to a producer by virtue of paragraph (1) shall thereafter be regarded as belonging to sensitive zone 5.
3
In paragraph (1), “qualifying environmental scheme” means —
a
the aid scheme introduced by Council Regulation (EEC) No. 2078/92 on agriculture production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside ; or
b
an experimental scheme made under section 4(1) of the Countryside Act 1968 .
Division of national reserves
9
The national reserve for a given year shall be divided into 6 divisions, consisting of a division corresponding with each sensitive zone.
Distribution of quota among divisions
10
1
Quota that falls to be surrendered to the national reserve under Article 5a(4)(b) of Council Regulation 3013/89 or Article 4e(1) of Council Regulation 805/68 (in each case as read with regulation 5(1)) following the notification of its transfer in respect of a given marketing or as the case may be calendar year which is required by Article 7(2) of Commission Regulation 3567/92 or as the case may be Article 34(2) of Commission Regulation 3886/92 (in each case as read with regulation 4) shall be added to the division of the national reserve for a year following that marketing or as the case may be calendar year which corresponds with the sensitive zone in which the transferor’s holding was located in the marketing or as the case may be calendar year in respect of which the said notification was required.
2
Quota that falls to be withdrawn from a producer and transferred to the national reserve following the application of Article 6a(2) of Commission Regulation 3567/92 or Article 33(2) of Commission Regulation 3886/92 in respect of a given marketing or as the case may be calendar year shall be added to the division of the national reserve for a year following that marketing or as the case may be calendar year which corresponds with the sensitive zone in which the producer concerned’s holding was located in the marketing or as the case may be calendar year in respect of which the said Article 6a(2) or as the case may be the said Article 33(2) was applied.
Allocations of quota from the national reserve
11
1
There shall be 6 categories of person (as specified in Part I of Schedule 3, of which category III and category VI are divided into 2 groups) eligible to be allocated quota from the national reserve for a given year.
2
Any reference in these Regulations to a numbered category is a reference to the corresponding category of person specified in Part I of Schedule 3.
3
Where a person who considers that he falls within any of the categories of person specified in Part I of Schedule 3 wishes to be allocated quota from the national reserve for a given year he may, subject to paragraph (14), apply for such an allocation to be made to him to the Minister with responsibility for the part of the United Kingdom in which his holding is located in that year (or if he does not possess a holding) to the Minister with responsibility for the part of the United Kingdom in which he intends his holding to be located in that year, in such form and by such date as that Minister may from time to time direct on reasonable grounds.
4
Where a person has made a successful application for an allocation of quota from the national reserve for a given year in accordance with paragraph (3), the Minister to whom the application was made shall —
a
subject to paragraph (8); and
b
to the extent that such quota is available under paragraphs (6) and (9),
allocate to the person concerned the amount of quota of the corresponding kind which is specified in Schedule 4 from the division of that national reserve corresponding with the sensitive zone in which his holding is located in that year or (if he does not possess a holding) the sensitive zone in which he intends his holding to be located in that year.
5
Where quota remains in a division of the national reserve for a given year after allocations of quota from that division have been made to all successful applicants, the Minister with responsibility for the part of the United Kingdom in which the sensitive zone corresponding with that division is situated shall direct that —
a
some of the remaining quota be transferred to such other divisions of that national reserve as he may determine and that the rest of that quota be carried forward for distribution from the corresponding division of the national reserve for the following year;
b
all of the remaining quota be transferred to such other divisions of that national reserve as he may determine; or
c
all of that quota be carried forward for distribution from the corresponding division of the national reserve for the following year.
6
Within each division of the national reserve for a given year the Minister with responsibility for the part of the United Kingdom in which the sensitive zone corresponding with that division is situated shall make allocations of quota category by category, beginning with the first category of person specified in Part I of Schedule 3 until all available quota in that division is exhausted.
7
Within categories III and VI, group (a) shall rank equally with group (b) in each case.
8
Where any person (other than one falling within category I) who has made a successful application for an allocation of quota from the national reserve for a given year in accordance with paragraph (3) has acquired quota of the corresponding kind by transfer between the date the factors establishing his eligibility for the allocation came into being and the date the allocation falls to be made the quota so acquired shall be deducted from that allocation.
9
If there is insufficient quota within a division of the national reserve for a given year to enable all successful applications for allocations of quota from it by those persons falling within a particular category of person specified in Part I of Schedule 3 to be met, the Minister with responsibility for the part of the United Kingdom in which the sensitive zone corresponding with that division is situated shall in the light of the quota available to fund those allocations reduce the amount of quota allocated to those persons in such a way that they each receive an identical proportion of the quota to which they would otherwise be entitled under Schedule 4.
10
A person falls within category II only if the condition specified in Part II of Schedule 3 is satisfied in his case.
11
A person falls within category III, group (b), or category IV only if the relevant conditions specified in Part III of Schedule 3 are satisfied in his case.
12
Where any category of person specified in Part I of Schedule 3 is divided into 2 groups, a person shall be eligible for an allocation of quota from the national reserve for a given year in respect of only one of those groups and shall specify in any application under any such category the particular group in respect of which he wishes the allocation to be made.
13
A person shall, subject to paragraph (14), be eligible for an allocation of quota from the national reserve for a given year in respect of each category of person specified in Part I of Schedule 3 into which he falls.
14
Where a person (other than one falling within category II) has made a successful application for an allocation of quota from the national reserve for a given year in accordance with paragraph (3) it shall not be lawful for him to apply for an allocation of quota in accordance with that paragraph from the national reserve for any subsequent year in reliance on any factor which rendered the first-mentioned application successful.
15
Schedule 5 shall have effect for determining when allocations of quota from the national reserve for a given year become effective and when they shall be regarded as having been obtained for the purposes of Commission Regulations 3567/92 and 3886/92.
16
The Minister to whom an application for an allocation of quota from the national reserve for a given year is made in accordance with paragraph (3) may by notice to the applicant direct him to provide by such date as is reasonably specified in the notice such further information as that Minister may reasonably consider relevant for the purpose of determining the application.
17
For the avoidance of doubt, a successful application for an allocation of quota for the purposes of paragraph (14) includes the case where the allocation concerned has been reduced in accordance with paragraph (9).
Quota register
12
1
The Minister shall prepare and maintain a register containing an entry for each producer who has quota.
2
The entry for each producer shall include —
a
his name;
b
his address;
c
his holding number;
d
his producer identification number;
e
an indication of the sensitive zone to which his quota belongs;
f
a statement of the amount of his quota;
g
a statement of the amount of any of that quota that he has leased to other producers, together with the expiry dates of any such leases; and
h
the amount of any additional quota that he holds under leases from other producers, together with the expiry dates of any such leases.
Copies of quota register entries
13
1
Any producer, any person acting on behalf of a producer who wishes to transfer or lease quota or any person who has entered into a financial arrangement with a producer in reliance on an expectation of the producer’s continuing right to receive sheep annual premium or suckler cow premium may make a request to the Minister in such form as the Minister may from time to time reasonably direct for a copy of the entry in the quota register relating to that producer.
2
The Minister shall inform the producer of any request under paragraph (1) made by a person who has entered into any financial arrangement with that producer such as is specified in that paragraph.
3
After taking into account any representations made by the person making the request the Minister shall decide whether to comply with it.
4
The Minister may make a reasonable charge for supplying a copy of an entry in the quota register to anyone other than the producer to whom the entry relates or a person acting on his behalf.
Verification of applications for allocations of quota from a particular national reserve
14
1
For the purpose of verifying an application for an allocation of quota from the national reserve for a given year any duly authorised officer of the Ministry of Agriculture, Fisheries and Food (in the case of an application made in England), of the Secretary of State for Wales (in the case of an application made in Wales), of the Secretary of State for Scotland (in the case of an application made in Scotland) or of the Department of Agriculture for Northern Ireland (in the case of an application made in Northern Ireland) shall (on producing if so required some duly authenticated document showing his authority) have the following powers —
a
at any reasonable time to enter any land other than land used only as a dwelling; and
b
(to such extent as is reasonable) to require the production of, to inspect, to take copies of and to detain any record (in whatever form) relevant to the application.
2
Any duly authorised person who enters premises by virtue of paragraph (1)(a) may take with him such other persons as he considers necessary.
Offences and penalties
15
1
Any person who fails without reasonable excuse to comply with a requirement or prohibition imposed on him by regulation 4(1) or 7(2) or by or under the Community legislation shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine.
2
Any person who, in connection with these Regulations or the Community legislation, makes a statement or uses a document which he knows to be false in a material particular, or recklessly makes a statement or uses a document which is false in a material particular, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
Any person who intentionally obstructs any officer such as is specified in paragraph (1) of regulation 14 in the exercise of his powers under that regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Revocation
16
The Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993 are revoked.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
26th November 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
25th November 1997


text:
1
These Regulations may be cited as the Personal Pension Schemes (Transfer Payments) (Amendment) Regulations 1997 and shall come into force on 19th March 1997.
2
In regulation 3(1)(b) of the Personal Pension Schemes (Transfer Payments) Regulations 1988 the words “to which an employer of the individual makes or has made contributions” shall be omitted.
S C T Matheson
G H Bush
Two of the Commissioners of Inland Revenue
25th February 1997


text:
Title and commencement
1
These Regulations may be cited as the Beef (Marketing Payment) (No. 2) (Amendment) Regulations 1997 and shall come into force on 4th February 1997.
Amendment of the Beef (Marketing Payment) (No. 2) Regulations 1996
2
1
The Beef (Marketing Payment) (No. 2) Regulations 1996 shall be amended in accordance with this regulation.
2
Regulation 3(1) shall be replaced by the following —
1
Subject to the following provisions of these Regulations, the appropriate Minister may make a payment to a beef producer in respect of any heifer, steer or bull —
a
kept prior to 20th March 1996 on a holding belonging to that producer;
b
which was —
i
sold by that producer after 30th June 1996 and before 1st October 1996 for slaughter for human consumption;
ii
slaughtered by that producer or on his behalf after 19th March 1996 and before 1st October 1996 for sale for human consumption;
iii
sold by that producer after 30th September 1996 and before 10th November 1996 for slaughter for human consumption; or
iv
slaughtered by that producer or on his behalf after 30th September 1996 and before 10th November 1996 for sale for human consumption;
c
for which no payment has previously been made under the Beef (Marketing Payment) Regulations 1996 or under these Regulations; and
d
the carcase of which was, at the date of slaughter, within category A, B, C, or E as defined in Article 3 of Council Regulation ( EEC ) No. 1208/81 determining the Community scale for the classification of carcases of adult bovine animals, as amended by Council Regulation (EEC) No. 1026/91 .
.
3
In regulation 4(2) there shall be inserted after “1997” the words “or, in the case of an application in respect of an animal satisfying either of the conditions specified in regulation 3(1)(b)(iii) and (iv), by 24th February 1997”.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
31st January 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
30th January 1997


text:
Commencement and citation
1
This Order may be cited as The A501 Trunk Road (Camden, Islington and Westminster) Red Route Traffic Order 1997, and shall come into force on 29th August 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), 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) 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 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.
Revocation or variation of existing Orders
10
The Camden (Waiting and Loading Restriction) ( No. 2) Order 1993, the Islington (Waiting and Loading Restriction) Order 1976, the City of Westminster (Waiting and Loading Restriction) Order 1976 and the A501 Trunk Road (Camden, Islington and Westminster) Red Route Experimental Traffic Order 1996 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route.
TRO 335
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
18th August 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Eurotunnel) 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


text:
Citation and commencement
1
These Regulations may be cited as the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) (Amendment) Regulations 1997 and shall come into force on 1st September 1997.
Amendment of the Regulations 1993
2
The Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1993 are amended in accordance with regulations 3 to 8 of these Regulations.
Interpretation
3
In regulation 2 (interpretation) —
a
for “In these Regulations — ” substitute
In these Regulations —
“applicant” means —
the person making an application to a tribunal, or
the plaintiff in proceedings before a court where the court has ordered the transfer to the tribunal of so much of the proceedings as relate to the determination of a question falling within the jurisdiction of the tribunal;
;
b
for the definition of “application” substitute —
“application” means an application to a tribunal under —
section 21(1) of the Leasehold Reform Act 1967 (jurisdiction of leasehold valuation tribunals);
section 19 of the Landlord and Tenant Act 1985 (determination of reasonableness of service charges;
section 20C of that Act (limitation of service charges: costs of proceedings);
paragraph 8 of the Schedule to that Act (right to challenge landlord’s choice of insurers) ;
section 13 of the Landlord and Tenant Act 1987 (determination of questions by leasehold valuation tribunal) ;
Part II of that Act (appointment of manager by leasehold valuation tribunal) ;
section 31 of that Act (determination by leasehold valuation tribunal of terms where acquisition order);
Part I of the 1993 Act (collective enfranchisement and grant of new lease) and includes, except where the contrary is indicated, a scheme application; or
a transferred application;
“Part II application” means an application for an order under section 22(3), section 24(1) or section 24(9) of the Landlord and Tenant Act 1987 (appointment of manager) ;
;
c
after the definition of “person making representations” insert —
“representative application” has the meaning given in regulation 4C(1);
“respondent” means the person against whom the applicant seeks an order or determination and in a case which is transferred to the tribunal from a court it means the defendant or respondent in the court application;
; and
d
for the definition of “scheme application” substitute —
“scheme application” means an application under —
section 19 of the Leasehold Reform Act 1967 (retention of management powers for general benefit of neighbourhood) as it has effect by virtue of section 75 of the 1993 Act (variation of existing schemes), or
Chapter IV of Part I of the 1993 Act, including that Chapter as it has effect by virtue of section 118(1) of the Housing Act 1996 (estate management schemes in connection with enfranchisement by virtue of section 106);
“transferred application” means so much of proceedings before a court as relate to a question falling within the jurisdiction of the tribunal which have been transferred to the tribunal for determination by order of the court;
“1985 Act application” means an application under section 19, section 20C of, or paragraph 8 of the Schedule to, the Landlord and Tenant Act 1985;
.
Applications
4
In regulation 3 (applications), in paragraph (1) after the words “except a scheme application,” insert “a 1985 Act application and a Part II application,”.
5
After regulation 4 insert the following regulations —
Notice of applications
4A
In the case of any 1985 Act application, Part II application or transferred application where the tribunal is aware of the names and addresses of persons who may be affected by an application, or is aware that a recognised tenants' association exists for the property which is the subject of the application, the tribunal shall give notice of the application to such persons and the secretary of such association.
Dismissal of frivolous etc. applications
4B
1
Subject to paragraph (2), where in respect of a 1985 Act application, a Part II application or a transferred application —
a
it appears to a tribunal that such an application is frivolous or vexatious or otherwise an abuse of the process of the tribunal, or
b
the respondent to an application applies to the tribunal to dismiss such an application as frivolous or vexatious or otherwise an abuse of the process of the tribunal,
the tribunal may (whether of its own motion or on the application of any respondent named in the application) dismiss such application, in whole or in part.
2
Such application may not be dismissed unless —
a
the tribunal has given to the applicant notice in writing containing a statement —
i
that it is minded to dismiss the application;
ii
of the grounds on which it is so minded or, as the case may be, of the grounds mentioned in the respondent’s application;
iii
that the applicant may, within the period of 21 days starting on the date of issue of the notice (or such further period as the tribunal may allow), request to appear and be heard by the tribunal on the question whether his application should be dismissed; and
b
such request as is mentioned in paragraph (2)(a)(iii) —
i
is not made to the tribunal within the period specified in that paragraph (or such further period as the tribunal may allow); or
ii
such a request is made to the tribunal within that period (or such further period as the tribunal may allow) and the tribunal has heard the applicant and the respondent, or such of them as attend the hearing, on the question of the dismissal of the application.
Representative applications and other provisions for securing consistency
4C
1
Where it appears to a tribunal that numerous 1985 Act applications, Part II applications or transferred applications —
a
have been made in respect of the same or substantially the same matters, or
b
include some matters which are the same or substantially the same,
the tribunal may give notice to all parties to such applications and any other person who is known to the tribunal and who may be affected by the application that the tribunal proposes to hear and determine only one of those applications (“the representative application”) as representative of all of the applications or matters which are the same or substantially the same.
2
A notice under paragraph (1) —
a
shall specify the matters which, in the tribunal’s opinion, are common to all of the applications and the application which the tribunal proposes to hear as the representative application;
b
shall state that, if the tribunal determines the representative application, the decision made and recorded in respect of the matters specified in accordance with sub-paragraph (a) in relation to that application will be treated as also made and be recorded in respect of such matters in any application made by a person to whom notice of the tribunal’s intention to hear a representative application was sent whether or not such a person has, at the time of the notice, made an application including such matters;
c
shall invite objections in response to the tribunal’s proposal for the hearing and determination of a representative application;
d
shall specify the address to which objections may be sent and the date (being not less than 21 days later starting on the date of issue of the notice by the tribunal) by which such objections must be received by the tribunal; and
e
shall contain a statement that an appeal to the Lands Tribunal may only be made by a person who appeared before the tribunal in proceedings to which he was a party.
3
Where in response to a notice under paragraph (1) no objections are received on or before the date specified in the notice (or such further time as the tribunal may allow) —
a
the tribunal need not comply with regulation 5 in respect of any application or part of an application, other than the representative application, which concerns the same or substantially the same matters as specified in the notice given under paragraph (1) made by a person to whom the notice specified in paragraph (1) was sent;
b
the tribunal shall hear and determine the representative application in accordance with these Regulations; and
c
the decision of the tribunal in respect of that application shall also be recorded as the decision of the tribunal in respect of all of the matters specified in the notice under paragraph (1) which are common to any other application made by a person to whom notice under paragraph (1) was sent.
4
Where, on or before the date specified in the notice (or such further period as the tribunal may allow), objections are received in response to a notice under paragraph (1) —
a
sub-paragraphs (a) to (c) of paragraph (3) shall apply, with the necessary modifications, in relation to those applications in respect of which no objections were made, and
b
the applications in respect of which objections were made may be heard together with the representative application.
Subsequent applications where notice of the representative application given
4D
1
If, after the decision on a representative application has been recorded, a Part II application or a 1985 Act application is made which has the same or substantially the same matters in common with the representative application, and the applicant is a person to whom notice under regulation 4C(1) was sent, the tribunal shall give notice to the applicant, the respondent and any other person known to the tribunal who may be affected by the application of —
a
the matters which, in the opinion of the tribunal, are common to such application and the representive application,
b
the decision recorded in respect of such matters in the representative application,
c
the date on which notice under regulation 4C(1) was sent to the applicant,
d
the tribunal’s proposal to record the tribunal’s decision on such matters in the application in identical terms to the decision in the representative application, and
e
the address to which objections to the tribunal’s proposal may be sent and the date (being not less than 21 days later starting on the date of issue of the notice by the tribunal) by which such objections must be received by the tribunal.
2
A notice under paragraph (1) shall contain a statement that an appeal to the Lands Tribunal may only be made by a person who appeared before the tribunal in proceedings to which he was a party.
3
Where, in response to a notice under paragraph (1) no objections are received by the tribunal on or before the date specified in the notice (or such further period as the tribunal may allow), the tribunal need not determine those matters specified in the notice as common to the application and the representative application and the decision of the tribunal in respect of such matters in the representative application shall be recorded as the decision of the tribunal in respect of such matters in the application.
4
Without prejudice to regulation 4B, where in response to a notice under paragraph (1) —
a
the applicant,
b
the respondent, or
c
any other person who applies to be made a party to the application and who is made a party,
objects to the tribunal’s proposal to record a decision as specified in the notice such person shall, on or before the date specified in the notice (or such further period as the tribunal may allow), notify the tribunal of their objection stating the grounds for their objection and, in particular, whether it is alleged that they did not receive the notice specified in regulation 4C.
5
The tribunal shall determine any objection under paragraph (3) in accordance with regulation 5 and, if the tribunal consider that the person making such objection did receive the notice specified under regulation 4C, and there is no other valid objection, the tribunal may record the decision specified in the notice under paragraph (1) as the decision of the tribunal in the application.
Subsequent applications where notice of representative application not given
4E
1
If, after the decision on a representative application has been recorded, the tribunal receives a Part II application or a 1985 Act application which has the same or substantially the same matters in common with the representative application and the applicant is not a person to whom a notice under regulation 4C(1) was sent, the tribunal shall give notice to the applicant, the respondent and any other person known to the tribunal who may be affected by the application of —
a
the matters which, in the opinion of the tribunal, are common to such application and the representative application, and
b
the decision recorded in respect of such matters in the representative application.
c
the tribunal’s proposal to record its decision on such matters in the application in identical terms to the decision in the representative application, and
d
the address to which objections to the tribunal’s proposal may be sent and the date (being not less than 21 days later starting on the date of the issue of the notice by the tribunal) by which such objections must be received by the tribunal.
2
A notice under paragraph (1) shall contain a statement that an appeal to the Lands Tribunal may only be made by a person who appeared before the tribunal in proceedings to which he was a party.
3
Where, in response to a notice under paragraph (1) no objections are received on or before the date specified in the notice (or such further time as the tribunal may allow), the tribunal need not determine those matters specified in the notice as common to the application and the representative application and the tribunal’s decision in respect of such matters in the representative application shall be recorded as the tribunal’s decision on such matters in the application.
4
Without prejudice to regulation 4B where, on or before the date specified in the notice (or such further period as the tribunal may allow), any objection is received in response to a notice under paragraph (1) from —
a
the applicant,
b
the respondent, or
c
a person who applies to be joined as a party to the application and who is joined as a party,
the tribunal shall hear and determine the application in accordance with the following provisions of these Regulations.
Joining of Parties
4F
1
Any person who has received notice of an application under regulation 4A or who may be affected by an application or a transferred application may apply to the tribunal to be made a party to the application.
2
Any application to be joined as a party to an application may be made ex parte.
3
Nothing in this regulation shall be construed as requiring the tribunal to make such a person a party to the application and if it appears to the tribunal that any person, though he is affected by the application, is not sufficiently affected for it to be necessary for him to be made a party the tribunal may refuse to make him a party.
Pre-trial review
4G
1
The tribunal may, whether of their own motion or on an application by a party, order a pre-trial review to be held in respect of an application.
2
At the pre-trial review the tribunal shall —
a
give any direction that appears to the tribunal necessary or desirable for securing the just, expeditious and economical disposal of proceedings,
b
endeavour to secure that the parties make all such admissions and agreements as ought reasonably to be made by them in relation to the proceedings, and
c
may record in the order made on the pre-trial review any such admission or agreement or any refusal to make such admission or agreement.
3
Where a party seeks a specific direction he shall, so far as is practicable, apply for such a direction at the pre-trial review and shall give the tribunal not less than 7 days notice (or such shorter period as the tribunal may allow) of his intention to do so.
4
Where the tribunal has received notice of any specific direction which a party intends to seek at the pre-trial review the tribunal shall give every other party notice of the requested direction.
5
The functions of the tribunal in relation to, or at, a pre-trial review may be exercised by any single member of the panel provided for in Schedule 10 to the Rent Act 1977 who was appointed to that panel by the Lord Chancellor.
Non payment of fees
4H
In any case where a fee which is payable for an application, a transferred application or a hearing is not paid, the tribunal shall not proceed further until the fee is paid and where a fee is unpaid for a period of six months from the date of the request for payment issued by the tribunal the application shall be treated as withdrawn.
.
Hearings
6
In regulation 5(1) (hearings) insert at the start “Subject to regulations 4C(3), 4D(3) and 4E(3),”.
7
After regulation 11 (decisions) insert —
Reimbursement of fees
11A
Where the tribunal is considering requiring any party to the proceedings to reimburse any other party to the proceedings the whole or part of any fees paid by him to the tribunal in respect of the proceedings, the tribunal shall not make any such requirement unless the tribunal has —
a
given notice to the parties that the tribunal is considering making such a requirement,
b
given notice to the parties of the appointed date, time and place at which the tribunal will consider the representations of the parties in respect of the making of such a requirement which shall be not less than 21 (or such shorter period as the parties may agree) days before the appointed date, and
c
has considered the representations of the parties.
Leave to appeal
11B
Where a party makes an application to a tribunal for leave to appeal to the Lands Tribunal —
a
the application for leave shall be made to the tribunal within the period of 21 days starting on the date on which the determination which is the subject of the application was sent to that party by the tribunal (or such further period as the tribunal may allow), and
b
an application for leave to appeal shall be served by the tribunal on every other party to the hearing.
.
Notices
8
After regulation 14 (notices) insert —
Substituted Service
14A
If any person to whom any notice or other document is required to be given or sent under these regulations —
a
cannot be found after all diligent enquiries have been made,
b
has died and has no personal representative,
c
is out of the United Kingdom and there is no known address for service in England and Wales, or
d
for any other reason service upon him cannot readily be effected in accordance with these regulations,
the tribunal may dispense with service upon that person, or may give directions for substituted service in such other form (whether by advertisement in a newspaper or otherwise) as the tribunal may think fit.
.
Amendment to 1971 Regulations
9
The Rent Assessment Committees (England and Wales) Regulations 1971 are amended by the substitution for the definition of “committee” in regulation 2 (interpretation) of the following definition —
“committee” means a rent assessment committee constituted under Schedule 10 to the Rent Act 1977 , to which a reference is made, but does not include a rent assessment committee carrying out the functions conferred on it by —
section 72 of the Housing Act 1980 (functions of rent tribunals),
section 142 of the Housing Act 1980 (leasehold valuation tribunals),
section 31A of the Landlord and Tenant Act 1985 (jurisdiction of leasehold valuation tribunal),
section 13 of the Landlord and Tenant Act 1987 (determination of questions by leasehold valuation tribunal) ,
section 24A of the Landlord and Tenant Act 1987 (jurisdiction of leasehold valuation tribunal) ,
section 31 of the Landlord and Tenant Act 1987 (determination of terms by leasehold valuation tribunal) ,
section 75, 88 or 91 of the Leasehold Reform, Housing and Urban Development Act 1993 (jurisdiction of leasehold valuation tribunals);
.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
25th July 1997
R. Davies
Secretary of State for Wales
28th July 1997


text:
This Order may be cited as the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (Electoral Scheme) Variation Order 1997 and shall come into force on 1st April 1997.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State (Department of Health)
11th March 1997


text:
1
This Order may be cited as the A127 Trunk Road (Southend Arterial Road, Havering) (50 mph Speed Limit) Order 1997 and shall come into force on 22nd September 1997.
2
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on the length of road specified in the Schedule to this Order.
3
The 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) (Continuation) Order 1978 shall be varied so that article 2 shall not apply to the length of road specified in the Schedule to this Order.
Signed by authority of the Secretary of State for Transport
K. A. Gallagher
A Grade 6 Officer Highways Agency London Network and Customer Service
17th September 1997


text:
Commencement and citation
1
This Order may be cited as the A4 Trunk Road (Hillingdon and Hounslow) Red Route Traffic Order 1997, and shall come into force on 23rd June 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;
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”; and
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), 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) 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 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.
Revocation or variation of existing Orders
10
1
The A4 Trunk Road (Hillingdon and Hounslow) Red Route Experimental Traffic Order 1995 , The Greater London Council Traffic Management Order 1977 No 642 , The Hounslow (Waiting and Loading Restrictions) Order 1977 and The Hillingdon (Waiting and Loading Restrictions) (Consolidation) Order 1994 are hereby revoked, in so far as their provisions relate to any part of the Trunk Road Red Route.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
16th June 1997


text:
1
These Regulations may be cited as the Insurance Premium Tax (Amendment) Regulations 1997 and shall come into force on 1st May 1997.
2
In these Regulations “the principal Regulations ” means the Insurance Premium Tax Regulations 1994 .
3
Regulation 2(1) (interpretation) of the principal Regulations shall be amended as follows —
a
after “section 53” in the definition of “accounting period” there shall be inserted “or 53AA”;
b
after “section 53” in the definition of “registered person” there shall be inserted “or 53AA”; and
c
after the defintion of return there shall be inserted —
“taxable intermediary’s fees” means fees which, to the extent of any payment in respect of them, are chargeable to tax by virtue of section 52A of the Finance Act 1994 and references in these regulations to “fee” or “fees” shall be construed accordingly;
.
4
After regulation 4 (notification of liability to register) of the principal Regulations there shall be inserted —
Notification of liability to register — taxable intermediaries
4A
1
A person who is required by section 53AA(3) of the Act to notify the Commissioners of the facts there mentioned shall do so on the form numbered 1 in the Schedule to these Regulations.
2
Where the notification referred to in this regulation is made by a partnership, it shall include the particulars set out on the form numbered 2 in the Schedule to these Regulations.
3
The notification referred to in this regulation shall be made within thirty days of the earliest date after 30th April 1997 on which the person either forms or continues to have the intention to charge taxable intermediary’s fees in the course of any business of his.
.
5
Regulation 5 (changes in particulars) of the principal Regulations shall be amended as follows —
a
after “regulation 4” in paragraph (1) insert “or 4A” and for the words “of that regulation”there shall be substituted “of regulation 4 or 4A above”;
b
for “or any insurance business carried on by him” in paragraph (4) there shall be substituted“, any insurance business carried on by him or any business in the course of which he charges taxable intermediary’s fees”; and
c
after “section 53” in paragraph (5) insert “or 53AA”.
6
After regulation 6 (notification of liability to be de-registered) of the principal Regulations there shall be inserted —
Notification of liability to be de-registered — taxable intermediaries
6A
A person who is required by section 53AA(4) of the Act to notify the Commissioners of the facts there mentioned shall, within thirty days of his having ceased to have the intention of charging taxable intermediary’s fees, give notice to the Commissioners in writing —
a
of the date on which he ceased to charge taxable intermediary’s fees in the course of any business of his; and
b
if different, the date on which the last such fee was received.
.
7
In regulation 11(1) (Death, bankruptcy or incapacity of registerable persons) of the principal regulations after “of his” there shall be inserted “or any business in the course of which he charged taxable intermediary’s fees”.
8
In regulation 16(1)(d) (records) of the principal Regulations after “premium” insert “or fee”.
9
In Regulation 17 (scope) of the principal Regulations for paragraphs (1) and (2) there shall be substituted —
17
1
This Part applies where —
a
an insurer has paid tax and all or part of the premium on which the tax was charged is repaid; or
b
a taxable intermediary has paid tax and all or part of the fee on which the tax was charged is repaid.
2
Where —
a
an insurer receives a premium in an accounting period and repays that premium or part of it in that accounting period; or
b
a taxable intermediary receives a fee in an accounting period and repays that fee or part of it in that accounting period,
this Part shall apply as if the tax on the premium or fee (as the case may be) had already been paid by him.
.
10
Regulation 18 (claims in returns) of the principal Regulations shall be amended as follows —
a
in paragraph (1) —
i
after “insurer” insert “or, as the case may be, taxable intermediary”, and
ii
after “premium” insert “or fee”;
b
in paragraph (2) —
i
after “insurer” insert “or taxable intermediary”, and
ii
after “premium” insert “or fee”;
c
in paragraph (3) for “premium or part” there shall be substituted “premium or fee, or part of such premium or fee”.
11
Regulation 19 (payments in respect of credit) of the principal Regulations shall be amended as follows —
a
after “insurer” in paragraph (1) insert “or taxable intermediary”;
b
in paragraph (2) —
i
after “insurer” insert “or taxable intermediary”, and
ii
after “53(5)” insert “or 53AA(6) of the Act”;
c
in paragraph (3) —
i
after “insurer” insert “or taxable intermediary”, and
ii
after “premium” in sub-paragraph (c) for “premium or part” there shall be substituted“premium or fee, or part of such premium or fee”;
d
after “insurer” in paragraph (4) insert “or taxable intermediary as the case may be,”; and
e
after “insurer” in paragraph (5) insert “or taxable intermediary”.
12
Regulation 29 (notification by tax representatives in certain cases) of the principal Regulations shall be amended as follows —
a
in paragraph (1) —
i
after “insurer's” insert “or taxable intermediary's”, and
ii
after “insurer” insert “or taxable intermediary”;
b
in paragraph (2) after “insurer” insert “or taxable intermediary”; and
c
in paragraph (3)(a) after “insurer” insert “or, as the case may be taxable intermediary,”.
13
In regulation 30 (registration of tax representatives) of the principal Regulations after“insurer” in paragraph (1) insert “or taxable intermediary”.
14
In regulation 31 (liability of tax representatives to notify) of the principal Regulations after“insurer” wherever occurring insert “or taxable intermediary” and after “insurer's” insert “or taxable intermediary's”.
15
For forms 1, 4, 5 and 6 in Schedule 1 to the principal Regulations there shall be substituted respectively the correspondingly numbered forms in the Schedule to these Regulations.
Anthony Sawyer
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
4th April 1997


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1997 and shall come into force on 1st July 1997.
Interpretation
2
1
In this Order–
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements referred to in article 5(3);
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“conservation plan” has the meaning given to it in article 5(5);
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister.
“grassland” means land on which the vegetation consists primarily of grass species and includes meadowland and rough grazing; and
“recognised dairy breed” means one of the following breeds of cattle, namely Ayrshire, British Fresian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.
2
Any reference in this Order to a numbered article or Schedule (with no corresponding reference to a specific instrument) is a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the Somerset Levels and Moors in the County of Somerset which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of the Somerset Levels and Moors Environmentally Sensitive Area” dated 4th June 1997 signed by the Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, at Nobel House, 17 Smith Square, London SW1P 3JR.
Requirements and provisions of agreement
4
1
The requirements as to agricultural practices, methods and operations and the installation and use of equipment which must be included in agreements are those specified in Schedule 1.
2
The provisions relating to additional matters in respect of which the Minister may make payments in accordance with article 5 are specified in Schedules 2, 3, 4, 5, 6, 7, 8 and 9.
Rates of payment under agreement
5
1
The Minister may make payments under an agreement in consideration of the requirements included pursuant to article 4(1) up to the maximum rate per annum set out in Part I of Schedule 10 for each hectare of grassland to which the agreement relates.
2
Where an agreement contains the additional provisions specified in one or more of–
a
Schedule 2,
b
Schedule 3,
c
Schedule 4,
d
Schedule 5,
e
Schedule 6, and
f
Schedule 7,
the Minister may make payments in consideration of those provisions, up to the maximum rate per annum for each hectare of land which under the agreement is subject to those additional provisions, as set out opposite the reference to that Schedule in Part II of Schedule 10.
3
An agreement may include the requirements as to public access specified in Schedule 8 and, where it does so, the Minister may make payments in consideration of those requirements, up to the maximum rate per annum set out in Part III of Schedule 10 for each hectare of access route.
4
Where an agreement includes a conservation plan, the Minister may make payments in consideration of the operations included in the plan, up to the maximum sum set out in Part IV of Schedule 10.
5
For the purposes of paragraph (4) of this article, a conservation plan means a plan which the farmer undertakes or has undertaken as part of an agreement to implement within a period of two years, for the carrying out of one or more of the operations specified in Schedule 9.
6
In this article and Schedule 10 any reference to a payment rate in relation to any unit of measurement includes a proportionate rate for a proportionate part of that unit.
Revocation, saving and amendment
6
1
The Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1992 is, in so far as it was made under section 18 of the Agriculture Act 1986, hereby revoked except that–
a
the saving set out in article 9 of that Order in respect of the provisions of the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1986 shall continue to apply in respect of the agreements referred to in that article, and
b
the other provisions of that Order so made, as amended in accordance with Schedule 11, shall continue to apply to other agreements made before the coming into force of this Order in relation to land within the area designated by that Order.
2
The Environmentally Sensitive Areas (Somerset Levels and Moors) Designation (Amendment) ( No. 2) Order 1994 and the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation (Amendment) Order 1996 are hereby revoked, but not so as to affect the exceptions referred to in paragraph (1) of this article.
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
This Order may be cited as the Passenger Transport Executives (Capital Finance) (Amendment) Order 1997 and shall come into force on 6th March 1997.
2
The Passenger Transport Executives (Capital Finance) Order 1990 shall be amended as follows:
a
In paragraph (1) of article 2 after “(a)” there shall be inserted “(subject to paragraph (2A) below)”;
b
After paragraph (2) of article 2 there shall be inserted the following —
2A
Any sum which is received by the South Yorkshire Passenger Transport Executive in respect of the disposal of South Yorkshire Light Rail Limited or South Yorkshire Supertram Limited to which paragraph (1)(a) above applies shall be treated for the purposes of paragraph (1) above as reduced by so much of the sum as is applied by the South Yorkshire Passenger Transport Executive in defraying that Executive’s costs of and incidental to the disposal of either or both of those Companies
.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
6th February 1997


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Gloucester City Council and North West Leicestershire District Council) Order 1997 and shall come into force on 24th November 1997.
Exemption of sports and leisure facilities management
2
1
The management of sports and leisure facilities by the council of the city of Gloucester shall not be treated as a defined activity so long as it is undertaken at Gloucester Leisure Centre, Bruton Way, Gloucester before 1st January 2000.
2
The management of sports and leisure facilities by the council of the district of North West Leicestershire shall not be treated as a defined activity so long as it is undertaken at —
a
the Hermitage Leisure Centre and Recreation Ground, Silver Street, Whitwick,
b
the Hood Park Leisure Centre, North Street, Ashby-de-la-Zouch,
c
Coalville Park, London Road, Coalville,
d
Whitwick Park, North Street, Whitwick,
e
Scotlands Playing Field, Forest Road, Coalville,
f
South Street Recreation Ground, South Street, Ellistown,
g
Thringstone Bowls Club, Loughborough Road, Thringstone,
h
Melrose Recreation Ground, Melrose Road, Thringstone, or
i
Millfield Recreation Ground, Station Road, Hugglescote,
during the period beginning on 1st January 1998 and ending with 30th April 1999.
Exemption of construction and property services
3
1
The provision of construction and property services by the council of the City of Gloucester shall not be treated as a defined activity so long as those services are provided before 31st March 2001.
2
In this article “works” means the construction, improvement, maintenance or repair of roads for the maintenance of which the authority are responsible.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
27th October 1997


text:
Commencement and citation
1
This Order may be cited as The A12 Trunk Road (Redbridge) (No.1) Red Route Traffic Order 1996 Experimental Variation Order 1997, and shall come into force on 12th February 1997.
Variation
2
The A12 Trunk Road (Redbridge) (No.1) Red Route Traffic Order 1996 is varied so that in Schedule 2A, a new item number 7 is added as follows:
7
Area of footway 0.3 metres from and parallel to the southern kerbline between a point 4.5 metres west of the party wall of Nos. 140 and 142 Eastern Avenue and a point 5.0 metres east of the party wall of Nos. 146 and 148 Eastern Avenue and having a width of 2.5 metres throughout.
Power to modify or suspend this Order
3
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.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
17th January 1997


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Penalty Notice) Regulations 1997 and shall come into force on 18th December 1997.
Notice
2
1
Where the Secretary of State or authority gives to a person a written notice under section 115A(2) of the Social Security Administration Act 1992, the notice shall contain the information that —
a
the penalty only applies to an overpayment which is recoverable under section 71, 71A, 75 or 76 of the Social Security Administration Act 1992 ;
b
the penalty only applies where it appears to the Secretary of State or authority that the making of the overpayment was attributable to an act or omission by the person and that there are grounds for instituting proceedings for an offence relating to the overpayment;
c
the penalty is 30 per cent. of the amount of the overpayment, is payable in addition to repayment of the overpayment and is recoverable by the same methods as those by which the overpayment is recoverable;
d
a person who agrees to pay a penalty may withdraw the agreement within 28 days (including the date of the agreement) by notifying the Secretary of State or authority in the manner specified by the Secretary of State or authority; if the person withdraws the agreement, so much of the penalty as has already been recovered shall be repaid and he will no longer be immune from proceedings for an offence;
e
if it is decided on review or appeal (or in accordance with regulations) that the overpayment is not recoverable or due, so much of the penalty as has already been recovered shall be repaid;
f
if the amount of the overpayment is revised on review or appeal, except as covered by a new agreement to pay the revised penalty, so much of the penalty as has already been recovered shall be repaid and the person will no longer be immune from proceedings for an offence;
g
the payment of a penalty does not give the person immunity from prosecution in relation to any other overpayment or any offence not relating to an overpayment.
2
The notice shall set out —
a
the manner specified by the Secretary of State or authority by which the person may agree to pay a penalty;
b
the manner specified by the Secretary of State or authority by which the person may notify the withdrawal of his agreement to pay a penalty.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
25th November 1997


text:
1
This Order may be cited as the Police Act 1997 (Commencement No. 2) Order 1997.
2
Section 101 (code of practice in connection with authorisation of action in respect of property) of the Police Act 1997 shall come into force on 5th August 1997.
Alun Michael
Minister of State
Home Office
14th July 1997