text:
Commencement and citation
1
This Order may be cited as The A13 Trunk Road (Tower Hamlets) Red Route Traffic Order 1997, and shall come into force on 1st March 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 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 A13 Trunk Road (Tower Hamlets) Red Route ( No. 2) Experimental Traffic Order 1996 and The London Borough of Tower Hamlets Waiting and Loading Order 1976 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 for Transport.
Derek Turner
Traffic Director for London
24th February 1997


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Hampshire (Coroners) Order 1997 and shall come into force on 1st April 1997.
2
In this Order “the 1988 Act ” means the Coroners Act 1988 .
2
1
There shall be a single coroner’s district, called the Portsmouth and South East Hampshire Coroner’s District, for the County of Portsmouth (which county comes into existence on 1st April 1997 by virtue of article 8(2) of the Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995 ) and for so much of the County of Hampshire as is not included in the Central Hampshire, North East Hampshire or existing Southampton and New Forest Coroner’s Districts.
2
The Council of the County of Hampshire shall be the relevant council within the meaning of section 1(1A) of the 1988 Act for the coroner’s district constituted by paragraph (1) above.
3
The person who, at 31st March 1997, is the coroner for the existing Portsmouth and South East Hampshire Coroner’s District shall be deemed on 1st April 1997 to be appointed coroner for the coroner’s district constituted by paragraph (1) above.
4
Any person who, at 31st March 1997, is a deputy or assistant deputy coroner for the existing Portsmouth and South East Hampshire Coroner’s District shall be deemed on 1st April 1997 to be appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above.
3
1
There shall be a single coroner’s district, called the Southampton and New Forest Coroner’s District, for the County of Southampton (which county comes into existence on 1st April 1997 by virtue of article 8(3) of the Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995) and for so much of the County of Hampshire as is not included in the Central Hampshire, North East Hampshire or existing Portsmouth and South East Hampshire Coroner’s Districts.
2
The Council of the County of Hampshire shall be the relevant council within the meaning of section 1 (1A) of the 1988 Act for the coroner’s district constituted by paragraph (1) above.
3
The person who, at 31st March 1997, is the coroner for the existing Southampton and New Forest Coroner’s District shall be deemed on 1st April 1997 to be appointed coroner for the coroner’s district constituted by paragraph (1) above.
4
Any person who, at 31st March 1997, is a deputy or assistant deputy coroner for the existing Southampton and New Forest Coroner’s District shall be deemed on 1st April 1997 to be appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above.
4
1
On 1st April 1997, any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for an existing coroner’s district shall be deemed to have been issued, made, given, begun or done by or to the coroner for the relevant new coroner’s district.
2
All documents, exhibits, registers and other things in the custody of the coroner for an existing coroner’s district in connection with inquests or post-mortem investigations shall be transferred to the coroner for the relevant new coroner’s district.
3
In paragraphs (1) and (2) above —
a
the coroner’s district constituted by article 2(1) above is the relevant new coroner’s district for the existing Portsmouth and South East Hampshire Coroner’s District; and
b
the coroner’s district constituted by article 3(1) above is the relevant new coroner’s district for the existing Southampton and New Forest Coroner’s district.
4
In this article “coroner” includes any deputy coroner or assistant deputy coroner.
Tom Sackville
Parliamentary Under-Secretary of State
Home Office
21st February 1997


text:
1
These Regulations may be cited as the Criminal Justice Act 1967 (Application to Courts-Martial) (Evidence) Regulations 1997 and shall come into force on 1st April 1997.
2
In their application to proceedings before courts-martial, sections 9 to 11 of the Criminal Justice Act 1967 shall apply subject to the modifications for which section 99A of the Army Act 1955, section 99A of the Air Force Act 1955 and section 64B of the Naval Discipline Act 1957 provide and to the further modifications specified in the Schedule to these Regulations.
3
The Courts-Martial (Evidence) Regulations 1967 and the Courts-Martial (Evidence) Regulations 1977 are hereby revoked.
Nicholas Soames
Minister of State, Ministry of Defence
21st February 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Surface Waters (Shellfish) (Classification) Regulations 1997 and shall come into force on 12th June 1997.
2
Expressions used in these Regulations which are also used in Directive 79/923/ EEC (the quality required of shellfish waters) shall have the same meaning as in that Directive.
Classification of waters
2
The classification SFW and the criteria for that classification set out in the Schedule to these Regulations shall apply for classifying controlled waters which are coastal or brackish waters for the purposes of Directive 79/923/EEC and which need protection or improvement in order to support shellfish (bivalve and gasteropod molluscs) life and growth and thus to contribute to the high quality of shellfish products directly edible by man.
Compliance with relevant requirements
3
1
Subject to paragraphs (2) and (3) below, any waters classified under these Regulations shall be treated in relation to any period of twelve months as complying with the requirements specified in the Schedule to these Regulations for any parameter if in that period in relation to those waters —
a
in the case of the parameter for organohalogenated substances or metals, 100 per cent of the samples taken for that parameter in accordance with regulation 4 below comply with the requirements;
b
in the case of the parameter for salinity or dissolved oxygen, 95 per cent of the samples taken for that parameter in accordance with regulation 4 below comply with the requirements;
c
in the case of any other parameter, 75 per cent of the samples taken for that parameter in accordance with regulation 4 below comply with the requirements.
2
Where in accordance with regulation 4(5) below the frequency of sampling is reduced for any parameter in relation to any waters classified under these Regulations, 100 per cent of samples taken for that parameter in accordance with regulation 4 below in relation to those waters must comply with the requirements for that parameter specified in the Schedule to these Regulations.
3
Non-compliant samples shall be ignored for the purposes of paragraphs (1) and (2) above if they are the result of a disaster.
Sampling and analysis
4
1
The Environment Agency shall ensure that waters classified under these Regulations are sampled and samples are analysed in accordance with the following provisions of this Regulation.
2
Samples in relation to any waters classified under these Regulations shall always be taken at the same sampling point.
3
The Environment Agency shall fix the exact position of the sampling point, and the depth at which samples are to be taken, having regard in particular to —
a
the distance of the sampling point to the nearest point where pollutants are discharged; and
b
local environmental conditions.
4
Subject to paragraphs (5) and (6) below, sampling for any parameter shall be carried out at least at the minimum frequency specified in the Schedule to these Regulations in relation to that parameter.
5
Where the Environment Agency’s records show that the quality of any waters classified under these Regulations is appreciably higher for any parameter than the minimum required by these Regulations, the Agency may reduce the sampling frequency for that parameter or, if there is no pollution and no risk of deterioration of its quality, it may dispense with sampling for that parameter altogether.
6
Where sampling shows that the requirements of regulation 3 above are not being met, the Environment Agency shall establish whether this is the result of chance, a natural phenomenon or pollution and shall adopt appropriate measures.
7
Samples for any parameter shall be analysed using the reference methods of analysis specified in the Schedule to these Regulations in relation to that parameter or methods which are at least as reliable as the reference methods.
Derogations
5
The Agency may derogate from the requirements of these Regulations in the event of exceptional weather or geographical conditions.
Modifications of the Water Resources Act 1991
6
1
Section 83 of the Water Resources Act 1991 (water quality objectives) shall have effect —
a
as if it imposed a duty on the Secretary of State to exercise the powers conferred on him under that section to classify under these Regulations such waters as are appropriate for the purpose of giving effect to Directive 79/923/EEC in relation to waters in or adjacent to England and Wales; and
b
in relation to the performance of that duty, as if subsections (4) and (5) of that section were omitted.
2
Section 104(1) of the Water Resources Act 1991 (meaning of “controlled waters”) shall have effect for the purpose of giving effect to Directive 79/923/EEC as if “controlled waters”included all waters which are coastal or brackish waters for the purposes of that Directive.
3
Section 202(2) of the Water Resources Act 1991 (information in connection with the control of pollution) shall have effect as if it conferred power on the Secretary of State and the Environment Agency to require the furnishing of information reasonably required for the purposes of giving effect to Directive 79/923/EEC .
John Prescott
Secretary of State,
Department of Environment
19th May 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
19th May 1997


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Mandatory Awards) Regulations 1997 and shall come into operation on 1st September 1997.
Definitions
2
In these Regulations, unless the context otherwise requires —
“academic authority” means, in relation to an institution, the governing body, or other body having the functions of a governing body and includes a person acting with the authority of that body;
“authority” means a local education authority;
“award” includes either a fees only award or a full award bestowed under these Regulations and any award bestowed under previous Awards Regulations ;
“ British Islands ” means the United Kingdom, the Channel Islands and the Isle of Man;
“ Certificate in Education ” includes a Teacher’s Certificate;
“course”, “designated course”, “sandwich course” and other qualified references to courses have the meanings respectively assigned to them by regulation 4;
“degree” means a degree awarded by a university, institution of higher education in the United Kingdom or the Council for National Academic Awards;
“dependent” means wholly or mainly financially dependent;
“employment” means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and “employed” shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding of any office and to any occupation for gain;
“ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“ EEA migrant worker” has the meaning assigned to it in regulation 5;
“ European Community ” means the area comprised by the member states of the European Community (including the United Kingdom) as constituted from time to time;
“ European Economic Area ” means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Iceland, the Kingdom of Norway, and the Principality of Liechtenstein;
“European student” means a person who is a national of a member state of the European Community or the child of such a national to whom one or more of the exceptions relating to residence in the British Islands or settlement in the United Kingdom found in regulation 13(1) applies;
“fees only award” means an award bestowed only in respect of fees described in Schedule 1;
“full award” means an award bestowed in respect of both fees described in Schedule 1 and a maintenance grant;
“highest-cost country” means Denmark, Finland, Iceland, Japan, Norway, Sweden, Switzerland and Taiwan;
“higher-cost country” means Austria, Belgium, France (excluding Départements d`Outre Mer), the Federal Republic of Germany, Hong Kong, Israel, the Republic of Korea, Luxembourg, the Netherlands and countries of the former Soviet Union;
“high-cost country” means Australia, Canada, Greece, Indonesia, the Republic of Ireland, Italy, New Zealand, Spain and the United States of America;
“independent student” has the meaning assigned to it by regulation 3;
“institution” means an educational institution in the United Kingdom providing further or higher education or both, or providing a course which qualifies for funding under Part I of the Education Act 1994 ;
“maintenance grant” has the meaning assigned to it by regulation 17;
“overseas institution” means an educational institution in a country outside the United Kingdom providing further or higher education or both;
“periods of experience”, “prescribed proportion” and “sandwich year”, in relation to a sandwich course, have the meanings respectively assigned to them by paragraph 1 of Schedule 5;
“previous Awards Regulations” means Regulations made under section 1 of the Education Act 1962 and revoked either by regulation 6 or before the coming into force of these Regulations;
“refugee” means a person who is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child;
“statutory award” means any award bestowed or grant paid by virtue of the Education Act 1962 or any comparable award, grant or other payment made in respect of attendance at a course which is paid out of moneys provided by Parliament;
“student” means a person upon whom an award has been bestowed under these Regulations or previous Awards Regulations;
“university” means a university in the United Kingdom and includes a university college and a constituent college, school or hall of a university;
“year”, in relation to a course, means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according as the academic year of the course in question begins in the winter, the spring, the summer or the autumn respectively; and references to the first or the final year of a designated course shall be construed accordingly.
References to independent students
3
1
In these Regulations “independent student” means a student who —
a
has attained the age of 25 years before the beginning of the year for which payments in pursuance of his award fall to be made; or
b
has supported himself out of his earnings for periods before the first year of his course aggregating not less than three years; or
c
has been married for at least two years before the beginning of the year for which payments in pursuance of his award fall to be made whether or not the marriage is still subsisting; or
d
has no parent living; or
e
is irreconcilably estranged from his parents.
2
For the purposes of paragraph (1)(b) a student shall be treated as having supported himself out of his earnings for any period or periods for which —
a
he was participating in arrangements for training under section 2 of the Employment and Training Act 1973 , under the Training Opportunities Programme, the Youth Opportunities Programme, the Youth Training Scheme of the Manpower Services Commission or the Training Commission as the case may be or any scheme run by the Training and Enterprise Councils or the Local Enterprise Companies; or
b
the student was in receipt of unemployment benefit under section 25(1) of the Social Security Contributions and Benefits Act 1992 or of a jobseeker’s allowance under Part I of the Jobseekers Act 1995 ; or
c
the student was available for employment and, if under the age of 18 years, registered for employment; or
d
the student held a State Studentship or comparable award; or
e
the student received incapacity benefit under section 30A, sickness benefit under section 31(1), maternity allowance under section 35(1), severe disablement allowance under section 68(1), invalidity pension under section 33(1)(b), 40(3) or 41(2), statutory sick pay under Part XI, or statutory maternity pay under Part XII, of the Social Security Contributions and Benefits Act 1992 ; or
f
the student could not reasonably have been expected to support himself out of his earnings because he had the care of a person under the age of 18 years who was dependent upon him.
3
For the purposes of paragraph (1)(e) a student shall be regarded as irreconcilably estranged from his parents if, but not only if, he has not communicated with either one of them for the period of one year before the beginning of the year for which payments in pursuance of his award fall to be made.
4
In this regulation —
a
any reference to a person registered or available for employment is a reference to his being so registered or available for the purposes of section 124 of the Social Security Contributions and Benefits Act 1992; and
b
“parent” shall have the same meaning as in Part II of Schedule 3 to these Regulations.
References to courses
4
1
In these Regulations any reference to a designated course shall be construed as a reference to a course designated by or under regulation 10 and, in relation to any person, any reference to such a course (otherwise unqualified) shall, as the context requires, be construed as a reference to a designated course which the person in question attends or has applied to attend; and, in relation to any designated course except one designated under regulation 10(1)(d)(ii) or (iii), any reference to a course shall be construed as a reference to either a course of full-time study or a sandwich course.
2
In these Regulations any reference to a first degree course, a Dip HE course, a course of initial training for teachers, or a course comparable to a first degree course shall be construed in accordance with regulation 10.
3
In these Regulations any reference to a sandwich course shall be construed as a reference to such a course within the meaning of paragraph 1 of Schedule 5.
4
a
in the case of a student who began his course before 1st April 1989 any reference to a course of higher education is a reference to a course listed in paragraph 2 of Schedule 2 to the Education (Schools and Further Education) Regulations 1981 as in force on 31st March 1989;
b
in the case of a student who began his course on or after 1st April 1989, any reference in these Regulations to a course of higher education shall be construed in accordance with section 120(1) of the Education Reform Act 1988 .
General construction and interpretation
5
1
In these Regulations, references to payments made to a student include references to payments made to the academic authority or to a third party in respect of the student by virtue of regulation 24(7).
2
In calculating a person’s income for any year any reduction for income tax is to be made by calculating the tax payable on the income received in that year as if the year were a year of assessment within the meaning of the Income Tax Acts (the necessary apportionment being made in any case where the relevant provisions of those Acts change during the year).
3
For the purposes of these Regulations a person’s marriage is to be treated as having been terminated, not only by the death of the other spouse or the annulment or dissolution of the marriage by an order of a court of competent jurisdiction, but also by virtue of the parties to the marriage ceasing ordinarily to live together, whether or not an order for their separation has been made by any court.
4
A person shall be treated for the purposes of regulation 13 as ordinarily resident in England and Wales, in the British Islands or in the European Economic Area, if the authority are satisfied that he would have been so resident at the relevant time but for the fact that he, his spouse, his parent, guardian, any other person having parental responsibility for him, or any person having care of him while he is a child, is, or was, temporarily employed outside England and Wales, outside the British Islands or, as the case may be, outside the European Economic Area and paragraph (1)(b) of regulation 13 shall not apply in the case of such a person.
5
For the purposes of these Regulations an area which —
a
was previously not part of the European Community or the European Economic Area, but
b
at any time before or after these Regulations come into force has become part of one or other or both of those areas
shall be considered to have always been part of the European Economic Area.
6
In these Regulations a reference to an EEA migrant worker is a reference to a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom —
a
under Council Regulation ( EEC ) No. 1612/68 on freedom of movement for workers within the Community, as extended by the EEA Agreement ; or
b
in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of the above mentioned Council Regulation.
7
Except where the context otherwise requires, in these Regulations any reference to a regulation or a Schedule is a reference to a regulation contained herein or a Schedule hereto and a reference in a regulation or a Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule, and a reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
Revocations and transitional provisions
6
1
The Education (Mandatory Awards) Regulations 1995 and The Education (Mandatory Awards) (Amendment) Regulations 1996 are hereby revoked.
2
Without prejudice to section 17(2)(b) of the Interpretation Act 1978 and the definition of “award” in regulation 2, an award bestowed in pursuance of previous Awards Regulations before the coming into force of these Regulations, in so far as it could have been bestowed in pursuance of these Regulations, shall, for the purposes thereof, be treated as having been so bestowed.
3
Subject to paragraph (4), where the current academic year of a student’s course began in the winter or spring of 1997 then, notwithstanding anything in these Regulations, payments in pursuance of his award in respect of the year beginning on 1st January or, as the case may be, 1st April 1997 shall be the aggregate of —
a
two-thirds or, as the case may be, one-third of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 1995 had they not been revoked, and
b
one-third or, as the case may be, two-thirds of the payments which would have fallen to be made in respect of the year beginning on 1st September 1997 under these Regulations had the academic year of his course begun in the autumn of 1997.
4
In the case of a course at the University of Buckingham beginning in the winter, spring or summer of 1997 then, notwithstanding anything in these Regulations, payments in pursuance of an award in respect of the year beginning on 1st January, 1st April or 1st July (as the case may be) shall be the aggregate of —
a
three-quarters, one-half or one-quarter (as the case may be) of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 1995 had they not been revoked, and
b
one-quarter, one-half or three-quarters (as the case may be) of the payments which would have fallen to be made in respect of the year beginning on 1st September 1997 under these Regulations had the academic year of the course begun in the autumn of 1997.
5
Where an award was bestowed on a student under section 2 of the Education Act 1962 (“the discretionary award”) in respect of a course to which section 1 of that Act did not then apply but the course becomes or has become a designated course and an award within the meaning of these Regulations is or has been bestowed on the student in respect of that course (“the mandatory award”) then, if the discretionary award continues to be payable it shall be disregarded in calculating the student’s income for the purposes of regulation 18(1)(b) and for the purposes of regulation 23; but payments on account of the mandatory award in respect of fees and in respect of maintenance for any period shall be respectively reduced or extinguished by those on account of the corresponding element of the discretionary award.
6
Where an award has been bestowed pursuant to previous Awards Regulations —
a
before 1st September 1995 in respect of a person’s attendance at a course referred to in regulation 25(3) of the Education (Mandatory Awards) (No 2) Regulations 1993 (“the 1993 regulation ”), or
b
on or after 1st September 1995 but before 1st September 1996 in respect of a person’s attendance at a course referred to in regulation 25(3) of the Education (Mandatory Awards) Regulations 1994 (“the 1994 regulation ”)
regulation 25(3) of these Regulations shall have effect in relation to that course as if for the subjects referred to therein there were substituted the subjects referred to in the 1993 regulation or the 1994 regulation respectively.
7
Where —
a
an award was bestowed on a person pursuant to previous Awards Regulations in respect of his attendance at a course during an academic year beginning before 1st September 1997, and
b
the person immediately after ceasing to attend that course (disregarding any intervening vacation) begins to attend another course
an authority shall not be excepted from the duty to bestow an award in respect of the person’s attendance at the second course by the application of the exception relating to settlement in the United Kingdom found in regulation 13(1)(c).
PART II
AWARDS
Duty to bestow an award
7
In pursuance of section 1(1) of the Education Act 1962 it shall be the duty of an authority, subject to the conditions and exceptions hereinafter provided, to bestow —
a
a full award in respect of a person’s attendance at a designated course within the meaning of these Regulations during an academic year beginning after 31st August 1997 if the person concerned is ordinarily resident in the authority’s area within the meaning of section 1 of the said Act of 1962 and Schedule 1 thereto, read with these Regulations;
b
where paragraph (a) does not apply, a fees only award in respect of a person’s attendance at a designated course at an institution in England or Wales during an academic year beginning after the 31st August 1997 if the person is a European student and the institution at which he attends his course is within the area of the authority.
Modification of provisions for determining ordinary residence
8
1
This regulation shall have effect for modifying paragraph 2 of Schedule 1 to the Education Act 1962.
2
A person who, apart from this regulation, would be treated by virtue of that paragraph as having been ordinarily resident in the area of more than one authority within the period of 12 months ending with the date of the beginning of the course shall be treated as being ordinarily resident in the area of the authority in which he was so resident on the last day of the month of October, February, April, or June (according as the academic year of the course begins in the winter, the spring, the summer or the autumn respectively) preceding the beginning of the course.
3
A person who, apart from this regulation, would be treated by virtue of that paragraph as being ordinarily resident in the area of the authority in which he attends his course as a result of having moved from Scotland, Northern Ireland, the Channel Islands or the Isle of Man to become ordinarily resident in the area of an authority for the purpose of attending his current course or such previous course as is mentioned in regulation 8 of the Education (Areas to which Pupils and Students Belong) Regulations 1996 shall be treated as being ordinarily resident in the place from which he has moved.
No area students
9
A person who, apart from this regulation, would by virtue of paragraph 2 of Schedule 1 to the Education Act 1962 fall to be treated for the purposes of section 1 of that Act as not being ordinarily resident in the area of any authority shall be treated for the purposes of that section as ordinarily resident in the area of the authority in which the institution providing his course is situated.
Designated courses
10
1
The following courses are hereby designated —
a
a first degree course, that is to say —
i
a course provided by a publicly funded institution for a first degree or for the degree of Bachelor of Medicine or an equivalent degree;
ii
a course provided by the University of Buckingham for a first degree of that university;
iii
an international course, that is to say a course provided by a publicly funded institution in conjunction with an overseas institution for a first degree;
iv
a course provided by a publicly funded institution in conjunction with a private institution, or by a private institution, for a first degree or for the degree of Bachelor of Medicine or an equivalent degree, which is for the time being designated for the purposes of this provision by the Secretary of State;
b
a Dip HE course, that is to say —
i
a course provided by a publicly funded institution for the Diploma of Higher Education;
ii
a course provided by a publicly funded institution for the Diploma of Higher Education or a first degree as the student may elect after the commencement of the course;
iii
a course provided by a publicly funded institution in conjunction with a private institution, or by a private institution, for the Diploma of Higher Education which is for the time being designated for the purposes of this provision by the Secretary of State;
c
an HND course, that is to say —
i
a course provided by a publicly funded institution for the Higher National Diploma or the Higher National Diploma of the Business & Technology Education Council;
ii
a course provided by a publicly funded institution in conjunction with a private institution, or by a private institution, for the Higher National Diploma or the Higher National Diploma of the Business & Technology Education Council, which is for the time being designated for the purposes of this provision by the Secretary of State;
d
a course of initial training for teachers, that is to say —
i
a course for the initial training of teachers (other than a course for the degree of Bachelor of Education) provided by a publicly funded institution, or, where a private institution is an eligible institution as defined by section 4(2) of the Education Act 1994 , by a public institution in conjunction with such a private institution, or by such a private institution;
ii
a part-time course of teacher training, involving not less than 3 days' attendance a week during the course, for the time being designated for the purposes of this provision by the Secretary of State;
iii
any other course of teacher training, whether full-time, part-time or partly full-time and partly part-time, for the time being so designated;
e
a course comparable to a first degree course, that is to say —
i
a course of at least 3 academic years' duration provided by a university or universities for a certificate, diploma or other academic award; or
ii
a course for the time being designated for the purposes of this provision by the Secretary of State.
2
In this regulation a reference to a publicly funded institution is a reference to an institution or institutions which are maintained or assisted by recurrent grants out of public funds, and a reference to a private institution is a reference to an institution or institutions which are not so maintained or assisted.
Conditions
11
1
Subject to paragraph (2), the duty of an authority to bestow an award shall be subject to the conditions that —
a
an application in writing reaches the authority not later than four months after the date of the beginning of the course; and
b
the applicant gives the authority a written undertaking that, where any provisional or other payments made in pursuance of the award in respect of a year exceed (for whatever reason) the grant payable in respect of that year, he will, if called upon to do so, repay the excess amount.
2
For the purposes of paragraph (1)(a), an application shall be treated as having reached the authority as there mentioned —
a
where, to the knowledge of the authority, an application has so reached some other authority;
b
where, not later than four months after the date of the beginning of the course, it has not become a designated course and the application reaches the authority not later than four months after the date on which it becomes a designated course;
c
in the case of a person who becomes a European student as a result of the accession of the State of which he is a national to the European Community, where the application reaches the authority not later than four months after the date of the accession;
d
in the case of a refugee, or the spouse or child of a refugee, where the application reaches the authority not later than four months after the date on which the refugee was recognised as a refugee; or
e
where, having regard to the circumstances of the particular case, the authority consider that it should be so treated.
3
If the applicant is a minor, paragraph (1)(b) shall have effect, with the necessary modifications, as if the references to the applicant were references to the applicant or his parent.
Exceptions relating to attendance at previous courses
12
1
An authority shall not bestow an award on a person in respect of his attendance at a course if it is their duty under regulation 14 to transfer an award already bestowed on him so that it is held in respect of his attendance at that course.
2
Subject to paragraphs (4), (5) and (7) an authority shall not be under a duty to bestow an award on any person where he has previously attended —
a
a course designated under regulation 10(1)(a); or
b
one or more courses of higher education the aggregate duration of which exceeds two academic years (a part-time course being treated as its full-time equivalent).
3
An authority shall not be under a duty to bestow an award on any person in respect of his attendance at any course designated by or under regulation 10(1)(b) or (c) if he has previously attended any other course designated by or under regulation 10(1).
4
A previous course shall be disregarded for the purposes of paragraph (2) if it was provided by a college providing long term residential courses of full-time education for adults which is specified in regulation 7 of the State Awards Regulations 1978 .
5
Nothing in paragraph (2) shall affect the duty of an authority to bestow an award on a person in respect of his attendance at —
a
a postgraduate course for the initial training of teachers unless he has —
i
previously attended such a course, or
ii
successfully completed a course for the degree of Bachelor of Education (or a comparable first degree or award of an institution or the Council for National Academic Awards) which is referred to in paragraph (6);
b
a course for the degree of Bachelor of Education (or a comparable first degree or academic award of an institution or the Council for National Academic Awards) the duration of which does not exceed two years and which is referred to in paragraph (6) unless he has previously attended —
i
such a course, whether or not its duration exceeded two years, or
ii
a postgraduate course for the initial training of teachers;
c
a full-time course of initial training as a teacher of one year’s duration, or a comparable part-time course, not within sub-paragraphs (a) or (b), unless he has for more than three years held a statutory award in respect of his attendance at a full-time course of higher education or a comparable course outside England and Wales.
6
A course is referred to in this paragraph if the successful completion of it resulted or results in the person completing it being a qualified teacher within the meaning of section 218(2)(a) of the Education Reform Act 1988 .
7
Nothing in paragraph (2) shall affect the duty of an authority to bestow an award on a person who —
a
attends a course having previously attended a designated course in respect of which he received payments of the kind described in regulation 23(3) in pursuance of section 63 of the Health Services and Public Health Act 1968 in respect of the courses referred to therein; and
b
has not attended any other course of higher education;
Provided that the requirements of regulation 14(1)(a) and (b) and (2) are satisfied, the payments referred to in sub-paragraph (a) above being treated as an award bestowed in respect of a course.
8
In this regulation any reference to the duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused part of the course on account of his having attended a previous course, in the case of a sandwich course ignoring any periods of experience.
9
For the purposes of this regulation a person shall not be treated as having previously attended a course by reason only of his having attended from its beginning the course to which his application for an award relates.
10
For the purposes of this regulation a person shall only be treated as having attended a course if he has both attended and held a statutory award in respect of either more than one course or one course for a period longer than twenty weeks; and it is hereby declared that any reference to a person having attended a course shall be construed as a reference to his having done so before or after the coming into force of these Regulations.
11
For the purposes of this regulation where an award has been transferred under regulation 14 the student on whom the award has been bestowed shall be treated as having attended only the new course, and the duration of that course shall be treated as the aggregate of the period spent following the previous course and the period which the student in question would ordinarily require for the completion of the new course, in the case of either course being a sandwich course ignoring any periods of experience.
Other exceptions
13
1
An authority shall not be under a duty to bestow an award in respect of a person’s attendance at a course if —
a
he has not been ordinarily resident, throughout the three years preceding the first year of the course in question, in the British Islands or, in the case of such a person as is mentioned in paragraph (3), who has not been so resident in the European Economic Area; or
b
his residence in the British Islands or, in the case of such a person as is mentioned in paragraph (3), in the European Economic Area, has during any part of the period referred to in sub-paragraph (a) been wholly or mainly for the purposes of receiving full-time education; or
c
he is not settled in the United Kingdom within the meaning of the Immigration Act 1971 at the beginning of the first year of the course in question, unless he is such a person as is mentioned in paragraph (3); or
d
he has, in the opinion of the authority, shown himself by his conduct to be unfitted to receive an award.
2
Paragraph (1)(a) to (c) shall not apply in the case of a refugee, ordinarily resident in the British Islands, who has not ceased to be so ordinarily resident since he was recognised as a refugee, or in the case of the spouse or child of such a refugee, and paragraph (1)(c) shall not apply in the case of a person who —
a
has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom,
b
has been granted leave to enter or remain accordingly, and
c
has been ordinarily resident in the British Islands throughout the period since he was granted leave to enter or remain
or in the case of the spouse or child of such a person.
3
The person referred to in paragraph (1) (a) to (c) is —
a
a European student,
b
an EEA migrant worker who is entitled to the payment of an award by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community, as extended by the EEA Agreement , or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of Article 7(2) and (3);
c
the spouse of an EEA migrant worker who is installed in the United Kingdom with his spouse, or
d
the child of an EEA migrant worker who is entitled to the payment of an award by virtue of Article 12 of the above mentioned Council Regulation, or where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member State in relation to matters which are the subject of Article 12.
4
In paragraph (3), “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child, and “child” shall be construed accordingly
Transfer of awards
14
1
An award shall be transferred by the authority at the request of a student so as to be held in respect of attendance at a course other than that in respect of which it is held in any case where —
a
on the recommendation of the academic authority the student commences to attend another course at the institution;
b
with the written consent of the academic authorities of both institutions concerned, given on educational grounds, the student commences to attend a course at another institution;
c
after commencing a course for the Certificate in Education, the student is, on or before the completion of that course, admitted to a course for the degree of Bachelor of Education;
d
after commencing a course for the degree (other than an honours degree) of Bachelor of Education, the student is, on or before the completion of that course, admitted to a course for the honours degree of Bachelor of Education; or
e
after commencing a course for a first degree (other than an honours degree) the student is, before the completion of that course, admitted to a course for an honours degree in the same subject or subjects at the institution.
2
An authority may, after consulting the academic authority concerned, refuse the transfer of an award in pursuance of paragraph (1)(a) or (b) if they are satisfied that when the student applied for it he did not intend to complete the course to which his application related.
3
For the purposes of the duty of an authority to transfer an award in pursuance of paragraph (1)(c) or (d) it shall be immaterial whether or not the two courses are provided by the same institution.
Termination of awards
15
1
An award shall terminate on the expiry of the period ordinarily required for the completion of the course:
Provided that —
if the academic authority refuse to allow the student to complete the course, the authority shall terminate the award forthwith;
if the student does not complete the course within the period ordinarily required, the authority —
may extend the award until the student has completed the course, and
shall extend it for a period equivalent to any period in respect of which they have made any payment under regulation 25(1).
2
The authority may, after consultation with the academic authority, terminate the award if they are satisfied that the student has either —
a
abandoned the course in respect of which it is held and the award does not fall to be transferred in pursuance of regulation 14; or
b
shown himself by his conduct to be unfitted to hold the award.
Supplementary provisions
16
The authority may require the student to provide from time to time such information as they consider necessary for the exercise of their functions under this Part, and if in the case of any student the authority are satisfied that he has wilfully failed to comply with any such requirement or has provided information which he knows to be false in a material particular or has recklessly provided information which is false in a material particular, they may terminate the award or withhold any payments due under it as they see fit.
PART III
PAYMENTS
Payments
17
Subject to regulations 16, 22, 23, 25 and 26, the authority shall in respect of each year pay in pursuance of the award —
a
in respect of fees, a sum equal to the aggregate of any such fees payable in respect of the student as are described in Schedule 1;
b
in respect of maintenance —
i
except in a case in which regulation 20, 21 or 22 applies, a grant calculated in accordance with regulation 18 (in these Regulations called “the maintenance grant”);
ii
in a case in which one of those regulations applies (subject to regulation 20(2)) a sum or grant determined in accordance with the regulation in question;
and so much of the sum or grant referred to in sub-paragraph (b) as appears to the authority to be appropriate shall be treated as being in respect of the Easter and Christmas vacations.
Calculation of maintenance grant
18
1
The maintenance grant in respect of any year shall be the amount by which the student’s resources fall short of his requirements and for the purposes of ascertaining that amount —
a
the requirements of the student shall be taken to be the aggregate of such of the amounts specified in Schedule 2 as are applicable in his case; and
b
the resources of the student shall be taken to be the aggregate of his income for the year calculated in accordance with Part I of Schedule 3 and any contribution applicable in his case by virtue of Part II or III of that Schedule.
2
This regulation and Schedules 2 and 3 shall have effect —
a
in the case of such a student as is mentioned in Schedule 4, subject to the provisions thereof; and
b
where regulation 20 applies, subject as therein provided.
Assessment of requirements and resources
19
The requirements and resources of a student shall be assessed by the authority and, for the purpose of the exercise of their function under this regulation, the authority shall require the student to provide from time to time such information as they consider necessary as to the resources of any person whose means are relevant to the assessment of his requirements and resources.
Sandwich courses
20
1
This regulation shall apply where the course is a sandwich course unless the student is a member of a religious order and regulation 21 applies.
2
For the purpose of calculating payments in respect of maintenance under regulation 17(b) in respect of a sandwich year, that regulation and Schedules 2 and 3 shall have effect subject to the provisions of Schedule 5; but no such payments shall be made in respect of a year in which there are no periods of full-time study.
Members of religious orders
21
1
This regulation shall apply where the student is a member of a religious order (“the Order”) unless the course is a course of teacher training designated under regulation 10(1)(d)(iii) and regulation 22 applies.
2
The payment in respect of maintenance under regulation 17(b) shall be the sum specified as appropriate in the case of the student in paragraphs (3) or (4):
Provided that —
where the course is a sandwich course, the payment in respect of a sandwich year shall be the prescribed proportion of the sum so specified and no payment shall be made in respect of a year which includes no periods of full-time study;
where the course is a part-time course of teacher training designated under regulation 10(1)(d)(ii), the payment shall be three-quarters of the sum so specified.
3
In the case of a student who resides at his parents' home or in a house of the Order, the appropriate sum shall be £675.
4
In the case of any other student, the appropriate sum shall be £925 except that, where he is attending a course —
a
at the University of London, or
b
at an institution within the area comprising the City of London and the Metropolitan Police District,
it shall be £1,160 and where he is attending a course in a country outside the United Kingdom it shall be —
£1,335 if that country is a highest-cost country;
£1,110 if that country is a higher-cost country;
£900 if that country is a high-cost country; and
£820 in any other case.
Courses of teacher training
22
1
This regulation shall apply —
a
where the course is a part-time course of teacher training designated under sub-paragraph (d)(ii) or (d)(iii) of regulation 10(1); or
b
where it is a partly full-time and partly part-time course designated under the said sub-paragraph (d)(iii),
unless the student is a member of a religious order, the course is a part-time course of teacher training designated under the said sub-paragraph (d)(ii) and regulation 21 applies.
2
Where the course is designated under the said sub-paragraph (d)(ii), the payment in respect of maintenance under regulation 17(b) shall be a grant equal to three-quarters of the maintenance grant.
3
Subject to the following paragraphs, where the course is designated under the said sub-paragraph (d)(iii), the said payment under regulation 17(b) shall be —
a
in a year in which the student’s periods of study are all periods of full-time study or in which his aggregate period of full-time study is 30 weeks or more, the maintenance grant;
b
in a year in which the student’s periods of study are all periods of part-time study, the sum of £325;
c
in any other year, a sum equal to the aggregate of —
i
the proportion of the maintenance grant which the student’s aggregate period of full-time study in the year, expressed in weeks, bears to 30, and
ii
the proportion of £325 which the difference between the said aggregate period and 30 weeks bears to 30.
4
In relation to a student employed full-time as a teacher, paragraph (3) shall have effect except in such a year as is mentioned in sub-paragraph (a) thereof, as if it provided that the said payment under regulation 17(b) should be £90.
5
In relation to a student attending a course provided at the University of Oxford or Cambridge, sub-paragraphs (a) and (c) of paragraph (3) shall have effect as if any reference therein to —
a
a period of 30 weeks were a reference to a period of 25 weeks; and
b
the proportion which a period expressed in weeks bears to 30 were a reference to the proportion which that period bears to 25.
6
For the purposes of this regulation a day shall be reckoned as a seventh of a week.
Assisted Students
23
1
Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17(a) or (b) shall be made to a person in respect of any year in respect whereof he receives such payments as are mentioned in paragraph (2) amounting to not less than the aggregate of —
a
such fees payable in respect of him —
i
as are described in Schedule 1, and
ii
if they are payable to an institution which is maintained or assisted by recurrent grants out of public funds, which do not exceed the maxima referred to therein; and
b
his requirements for maintenance ascertained in accordance with —
i
Part I of Schedule 2,
ii
paragraphs 5, 6 and 10 of Part II of that Schedule, and
iii
Parts III and IV of that Schedule,
irrespective of whether any maintenance grant would be payable in his case by virtue of any other provision in these Regulations.
2
The payments referred to in paragraph (1) are the aggregate payments received by the person —
a
in pursuance of any scholarship, studentship, exhibition or award of similar description bestowed on him in respect of the course (otherwise than in pursuance of section 1 of the Education Act 1962, or by way of a loan under the Education (Student Loans) Act 1990 , or by way of a “Career Development Loan” in pursuance of section 2 of The Employment and Training Act 1973 or out of access funds held by the institution at which he attends his course); and
b
if he is in gainful employment, by way of remuneration (reduced by income tax and social security contributions) paid in respect of any period for which he has leave of absence or is relieved of his normal duties for the purpose of attending the course; except that, if the person’s course is a part-time course of teacher training designated under regulation 10(1)(d)(iii), and some or all of his periods of study are periods of part-time study, any payments by way of remuneration shall be disregarded.
3
Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17(a) or (b) shall be made to a person in respect of any year in respect whereof he receives any payment in pursuance of any bursary or award of similar description bestowed on him in pursuance of section 63 of the Health Services and Public Health Act 1968 , in respect of a course in nursing, occupational therapy, orthoptics, physiotherapy or radiography, in pursuance of the Training for Work Programme .
Method of payment
24
1
Subject to paragraph (2) to (6), the authority shall make any payment due under these Regulations in such instalments (if any) and at such times as they consider appropriate: and in the exercise of their functions under this paragraph the authority may in particular make provisional payments pending the final calculation of the award.
2
Subject to paragraphs (3) to (6), the authority shall pay such fees as are described in Schedule 1 promptly when a valid request for payment in respect thereof has been received.
3
Payment of fees described in Schedule 1 shall be made in the number of instalments, if any, mentioned therein.
4
The instalments referred to in paragraph (3) shall be paid —
a
after the first dates on which the student is required to attend his course after 1st January, 1st April, 1st July and 1st September respectively, beginning with a payment after the first date on which he is required to attend after the beginning of the year of the course, and continuing with payments after the next such first dates on which he is required to attend, until all the instalments which are payable for the year have been paid; and
b
in the case of the instalments referred to in paragraph (a) of the Schedule, except sub-paragraph (iv), and when the academic year of the course begins in the autumn, on or before 10th December in the case of the first instalment, on or before 15th February in the case of the second instalment and on or before 31st May in the case of the third instalment, or within one month of the receipt by the authority of a valid request for payment, whichever is the later.
5
Subject to paragraph (6) no fees shall be payable when the student has ceased to attend his course (whether or not the authority has been so notified) but has not completed it.
6
Notwithstanding paragraph (5) when instalments are payable under paragraph (4)(b) the first, second or third instalment shall be payable if the student was attending the course on 15th November, 15th February or 31st May respectively.
7
All payments shall be made to the student, except —
a
payment of the fees described in Schedule 1 may be made to the academic authority, and
b
where a student’s maintenance requirements include any of the requirements referred to in paragraph 10 of Schedule 2, on his written instruction payment in respect of his maintenance grant may be made to a third party.
8
Without prejudice to regulation 26 or the recovery of an over-payment by way of a deduction from a subsequent payment, any over-payment or under-payment made in pursuance of this regulation shall be adjusted by payment between the student or, as the case may be, the academic authority and the authority.
Reduced entitlement to payments
25
1
In respect of any period during which the student repeats any part of his course, the authority shall not be required to make any payments under regulation 17(a) or (b) but may pay in pursuance of the award such sums (if any) as they consider appropriate, being sums not exceeding the amount of any payments that would, apart from this regulation, be payable to that student in respect of that period.
2
Subject to paragraph (3), paragraph (4) shall apply in the case of a student who —
a
has previously attended a course of higher education being —
i
a course of up to two academic years' duration, in the case of one designated by or under regulation 10(1), or
ii
a course of two academic years' duration, in the case of one not so designated, or
b
has previously successfully completed a part-time course corresponding to such a course as is mentioned above
(‘the previous course’), and who holds an award bestowed so as to be held, in respect of a course designated by or under regulation 10(1)(a), (d) or (e) being a course of more than one year’s duration (‘the current course’).
3
Paragraph (4) shall not apply if the current course is for the degree of Bachelor of Education (or a comparable first degree or academic award of an institution) and a subject thereof is —
a
physics, chemistry or biology (or a combination of those subjects); or
b
mathematics; or
c
design and technology; or
d
information technology; or
e
a modern foreign language or languages; or
f
Welsh; or
g
religious education; or
h
some other subject the study of which the authority are satisfied fits a person to teach in schools any of the above-mentioned subjects.
4
Where this paragraph applies, the authority shall only be required to make payments under regulation 17(a) or (b) in pursuance of the award in respect of the current course —
a
where that course is not more than two years' duration, in respect of the final year of the student’s course ;
b
where that course is of a greater number of years' duration, in respect of that number less two of the final years of the student’s course ;
but, in respect of any other year of the student’s current course, they may make such payments as they consider appropriate not exceeding those which would, apart from this regulation, have been payable under regulation 17(a) or (b) as aforesaid.
5
In paragraphs (2) and (4) any reference —
a
to the duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused part of the course on account of his having attended a previous course, in the case of a sandwich course ignoring any periods of experience;
b
to the final year or years of a student’s course is, in the case of a student so excused part of the course, a reference thereto after taking account of the consequential reduction in the duration of his course; and
c
to a person’s having attended a course shall be construed as provided in regulation 12(9) and (10).
6
Where the authority have come under a duty to bestow an award on a person during a year because he has become —
a
a European student as a result of the accession of the State of which he is a national to the European Community, or
b
a refugee, or the spouse or child of a refugee, as a result of the recognition of him, or his spouse or parent, as a refugee,
they shall deduct from the sums and grant payable in respect of that year in pursuance of the award under regulation 17 the amounts referred to in paragraph (7).
7
The amounts to be deducted under paragraph (6) are —
a
from the sum payable in respect of fees under regulation 17(a) the amount of any instalment payable before the date on which the student became a European student or the refugee was recognised as a refugee, and
b
from the sum or grant payable in respect of maintenance under regulation 17(b) the proportion of that sum or grant which relates to the period before the date referred to in sub-paragraph (a).
8
Where an award has been transferred by the authority under regulation 14(1)(a) or (b) and —
a
the requisite recommendation or consent to the transfer is given after the expiry of four months after the end of the first year of the course in respect of which the award was originally bestowed (“the previous course”), and
b
the authority are not satisfied, after consulting the academic authority or authorities concerned, that the fact that the requisite recommendation or consent was given after the expiry of the period specified in sub-paragraph (a) was due only to the need to apply through a clearing admission system, and
c
the authority are satisfied, after consulting the academic authority or authorities concerned, that the period which the student in question will ordinarily require for the completion of the course which he now attends (“the current course”) will expire later than the period which he would have required for the completion of the previous course
then the authority shall not make payments otherwise due under regulation 17 in respect of the current course in respect of the period mentioned in paragraph (9).
9
The period referred to in paragraph (8) is the period which begins on the first day the student attends the current course and which ends after the number of weeks mentioned in paragraph (10).
10
The number of weeks referred to in paragraph (9) is the difference between the number of weeks which the student in question will ordinarily require for the completion of the current course and the number of weeks which he would have required to complete the previous course.
11
Where an award has been transferred under regulation 14(1)(c) or (d) so as to be held in respect of a student’s attendance at a course for the degree of Bachelor of Education (“the current course”) if the period which the student in question would ordinarily require for the completion of the current course, when aggregated with the period for which the student has already pursued a course in respect of which the award was held (“the overall period of study”), exceeds —
a
five years where the current course is for the honours degree of Bachelor of Education; or
b
four years where the current course is for that degree not being an honours degree
(“the prescribed period of study”) then the authority shall not make payments otherwise due under regulation 17 in respect of the current course in respect of the period mentioned in paragraph (12).
12
The period referred to in paragraph (11) is the period beginning on the first day on which the student attends the current course and continues for the number of weeks mentioned in paragraph (13).
13
The number of weeks referred to in paragraph (12) is the number of weeks by which the overall period of study exceeds the prescribed period of study.
14
In determining the period ordinarily required to complete a course for the purposes of paragraph (8), (10) or (11) there shall be included vacations, and any period until the end of the final year of the course, but there shall be ignored —
a
in each case, periods of experience which are part of a sandwich course, and
b
in the case of the previous course any period during which the student would now be required by the academic authority to repeat part of the course, if the authority would not make any payments for maintenance in respect of that period under paragraph (1).
15
For the purposes of paragraphs (8) and (11) a payment is due in respect of the period mentioned in paragraphs (9) and (12) respectively if it is —
a
any instalment or other payment on account of fees becoming payable under regulation 17(a) during that period; or
b
a sum or grant payable, or the proportion of a sum or grant payable, in respect of maintenance under regulation 17(b) which relates to that period.
Withholding and reduction of payments
26
1
Without prejudice to regulation 16, in the case of any student who is for the time being in default of any requirement to provide such information as is described in regulation 19, the authority may withhold, in part, any payment due to him in respect of maintenance and calculated or determined in accordance with regulation 18, 20, 21, or 22.
2
In respect of any period —
a
after the termination of an award;
b
during which a student is excluded from attendance at the course by the academic authority; or
c
during which a student is absent from his course without leave,
any payment otherwise due in pursuance of the award shall be reduced by the aggregate sum mentioned in paragraph (4).
3
In respect of any other period being —
a
a period during which a student is absent from his course (other than a period of not more than 28 days due to illness);
b
where an award held in respect of one course is transferred in pursuance of regulation 14 so as to be held in respect of another course, a period during which the student is not required to attend either course (other than the period of a single vacation); or
c
a period during which the student is detained in pursuance of an order made by any court,
the authority may reduce any payment otherwise due in pursuance of the award by such amount, not exceeding the aggregate sum mentioned in paragraph (4), as having regard to all relevant circumstances they consider appropriate.
4
The sum referred to in paragraphs (2) and (3) is the aggregate of —
a
fees otherwise due that are not payable by reason of the student’s non-attendance; and
b
the appropriate proportion of any amount in respect of maintenance payable for a year in pursuance of regulation 17(b).
5
In determining the appropriate proportion under paragraph (4)(b) the authority shall disregard the first 28 days of any period of absence due to illness.


text:
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 2) Order 1997 and shall come into force on 29th April 1997.
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
8th April 1997


text:
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1997 and shall come into force on 30th June 1997.
2
1
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) ( No. 2) Regulations 1996 shall be amended as follows.
2
In regulation 7, for the words “1st July 1997” in the new regulation 18A(2) (obligatory certificates) to be inserted into the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 , there shall be substituted “1st January 1998”.
Signed by authority of the Secretary of State for Transport
Helene Hayman
Parliamentary Under Secretary of State,
Department of Transport
28th May 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security and Child Support (Miscellaneous Amendments) Regulations 1997 and shall come into force on 7th April 1997.
2
In these Regulations, “the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 and “the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of regulation 63 of the Jobseeker’s Allowance Regulations
2
1
Regulation 63 of the Jobseeker’s Allowance Regulations (reduced payments under section 17) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1), after the words “reduced by” there shall be inserted the words “, if he is a single person or a lone parent,” and for the words “in accordance with paragraph 1 of Schedule 1” there shall be substituted the words —
in accordance with paragraph 1(1) or 1(2) of Schedule 1 (as the case may be) or, if he is a member of a couple, a sum equal to 40% of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1
.
3
In paragraph (3), after the words “shall be” there shall be inserted the words “if he is a single person or a lone parent” and at the end there shall be inserted the words —
determined in accordance with paragraph 1(1) or 1(2) of Schedule 1 (as the case may be) or, if he is a member of a couple, of 20% of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1
.
Amendment of regulation 68 of the Jobseeker’s Allowance Regulations
3
1
Regulation 68 of the Jobseeker’s Allowance Regulations (reduced amount of allowance) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1), after the words “reduced by”, there shall be inserted the words “, if he is a single person or a lone parent,” and for the words “in accordance with paragraph 1 of Schedule 1” there shall be substituted the words —
in accordance with paragraph 1(1) or 1(2) of Schedule 1 (as the case may be) or, if he is a member of a couple, a sum equal to 40% of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1
.
3
In paragraph (2), after the words “reduced by” there shall be inserted the words “, if he is a single person or a lone parent,” and for the words “in accordance with paragraph 1 of Schedule 1” there shall be substituted the words —
in accordance with paragraph 1(1) or 1(2) of Schedule 1 (as the case may be) or, if he is a member of a couple, a sum equal to 20% of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1
.
Amendment of Schedule 2 to the Jobseeker’s Allowance Regulations
4
1
Schedule 2 to the Jobseeker’s Allowance Regulations (housing costs) shall be amended in accordance with the following paragraphs of this regulation.
2
For sub-paragraph (3) of paragraph 13 (linking rules) there shall be substituted the following sub-paragraph —
3
For the purposes of this Schedule, where a claimant has ceased to be entitled to a jobseeker’s allowance because he or his partner is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section, he shall be treated as if he had been in receipt of a jobseeker’s allowance for the period during which he or his partner was participating in such a course.
.
3
In paragraph 17(7)(d) (non-dependant deductions), for the words “a jobseeker’s allowance” there shall be substituted the words “an income-based jobseeker’s allowance”.
Amendment of Schedule 1B to the Income Support Regulations
5
In paragraph 16(1) of Schedule 1B to the Income Support Regulations (certain persons aged 50 or over who are within the prescribed categories of persons) after the words “that date” on the first occasion where those words occur, there shall be inserted the words “was in receipt of income support and”.
Amendment of Schedule 3 to the Income Support Regulations
6
In paragraph 18(7)(d) of Schedule 3 to the Income Support Regulations (non-dependant deductions in relation to housing costs), after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Amendment of the Social Security (Claims and Payments) Regulations 1987
7
1
The Social Security (Claims and Payments) Regulations 1987 shall be amended in accordance with the following paragraphs of this regulation.
2
In Schedule 9 (deductions from benefit and direct payments to third parties) —
a
in paragraph 8(1), the words “and paragraph 3(5) of Schedule 9A” shall be omitted;
b
paragraph 8(3) shall be omitted;
c
in paragraph 9(1A)(b), the words “Schedule 9A” shall be omitted; and
d
in paragraph 9(1B), head (za) shall be omitted.
3
In Schedule 9A (deductions of Mortgage Interest and Payments to auditing lenders) —
a
in paragraph 1, the words “5 per cent. of the personal allowance” to “paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations” shall be omitted;
b
in paragraph 3, sub-paragraphs (5) and (6) (arrears of mortgage interest) shall be omitted; and
c
in paragraph 4, the word “plus” at the end of sub-paragraph (2)(b) and sub-paragraph (2)(c) shall be omitted.
Consequential amendments to the amendments made in regulation 7(3)(b)
8
1
In regulation 4(2)(b) of the Fines (Deductions from Income Support) Regulations 1992 (sufficient entitlement for deduction), the words “paragraph 3(5) of Schedule 9A to the Claims and Payments Regulations” shall be omitted.
2
In regulation 5(2)(b) of the Council Tax (Deductions from Income Support) Regulations 1993 (sufficient entitlement for deduction), the words “and paragraph 3(5) of Schedule 9A” shall be omitted.
Amendment of the Child Support Appeal Tribunals (Procedure) Regulations 1992
9
In paragraph (2A) of regulation 3 of the Child Support Appeal Tribunals (Procedure) Regulations 1992 (making an appeal or application and time limits) for “FY8 3ZZ” there shall be substituted “FY1 1GJ”.
Signed in connection with regulations 2 and 3 of these Regulations by authority of the Secretary of State for Education and Employment.
Eric Forth
Minister of State,
Department for Education and Employment
13th March 1997
Signed in connection with the remainder of these Regulations by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
13th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 1997 and shall come into force on 6th April 1997.
Amendment of the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994
2
In regulation 3 of the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994 (determination of the amount of additional payment to which a small employer shall be entitled) —
a
for “6th April 1996” substitute “6th April 1997”; and
b
for “5.5 per cent.” substitute “6.5 per cent.”.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
4th March 1997


text:
1
This Order may be cited as the A3 Trunk Road (Malden Way and Tolworth Rise, Kingston Upon Thames) (Prescribed Routes) Order 1974 (Variation) Order 1997 and shall come into force on 27th January 1997.
2
The Trunk Road (Malden Way and Tolworth Rise, Kingston Upon Thames) (Prescribed Routes) Order 1974 shall be varied as follows:
In article 2(1), before the definition of “the prescribed road” there shall be inserted the following definitions —
“London local service” has the meaning given in section 34(1) of the Transport Act 1985 ;
“public service vehicle” has the meaning given in section 1 of the Public Passenger Vehicles Act 1981 ;
.
3
Before article 4 there shall be inserted the following article —
3A
The provisions of Article 3 shall not apply to a public service vehicle being used in the provision of a London local service with a maximum length not exceeding 8.5 metres proceeding through the opening in the north-western reservation which is specified in item 1 of Schedule 1 of this Order.
.
Signed by authority of the Secretary of State for Transport
A R Mellors
Assistant Director Highways Agency London Network Management Division
20th January 1997


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (Trunk Roads) (No. 2) Order 1997 and shall come into force on 8th April 1997.
Interpretation
2
In this Order, unless the context otherwise requires:
“the 1980 Act ” means the Highways Act 1980 ;
“ DBFO contract ” means a contract between the Secretary of State for Transport or the Secretary of State for Wales and another person pursuant to which such other person undertakes responsibility for the design, building, financing and operation of a trunk road for an agreed period;
“ DBFO contractor ” means a person who has entered into a DBFO contract with the Secretary of State for Transport or with the Secretary of State for Wales and includes a sub-contractor of such person;
“relevant trunk road” means a trunk road other than a trunk road which is a special road;
“relevant trunk road connected land” means any land which does not form part of a relevant trunk road but which has been acquired by the Secretary of State for Transport or the Secretary of State for Wales in connection with a relevant trunk road under section 239(2) or (4) or section 246 of the 1980 Act;
“special road” has the meaning given in section 329(1) of the 1980 Act;
“trunk road” has the meaning given in section 329(1) of the 1980 Act;
“unitary county” means a county where the county council is the sole principal council for that local government area;
“unitary county council” means a county council which is the sole principal council for its local government area;
Designation of public bodies
3
A person specified, or of a description specified, below, appearing to the Secretary of State for Transport and the Secretary of State for Wales to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England and Wales:
the Secretary of State for Transport,
the Secretary of State for Wales,
a DBFO contractor.
Restrictions on agreements which may be entered into by a DBFO contractor
4
A DBFO contractor may only enter into an agreement with a local authority by virtue of this Order if it is a local authority (DBFO litter) agreement within the meaning of article 5 below.
Local authority (DBFO litter) agreement
5
An agreement is a local authority (DBFO litter) agreement if it is an agreement to which each of the following subparagraphs of this article applies:
a
it is an agreement between a DBFO contractor and a local authority which is, in England, a district council, a unitary county council, a London borough council, or the Common Council of the City of London, or in Wales a county council or a county borough council, with respect to the clearance of litter and refuse from, or the cleaning of, a relevant trunk road or relevant trunk road connected land which is the subject of a DBFO contract, where:
i
such road or land is inside the local authority’s area; or
ii
if such road or land is outside the local authority’s area but within a district, a London borough, a unitary county or the City of London in England, or within a county or county borough in Wales, the authority has consulted the council of that district, borough, unitary county, county, county borough or of the City of London prior to entering into the agreement with the DBFO contractor;
b
it is an agreement for:
i
the provision by the local authority for the DBFO contractor of any administrative, professional or technical services; or
ii
the use by the DBFO contractor of any vehicle, plant or apparatus belonging to the local authority and the placing at the disposal of that contractor of the services of any person employed in connection with the vehicle or other property in question; or
iii
the carrying out by the local authority of works of maintenance in connection with land or buildings for the maintenance of which the DBFO contractor is responsible;
c
it is an agreement made by acceptance of the local authority’s offer to carry out the obligations under the agreement where:
i
the local authority made the offer in response to an invitation by the DBFO contractor to submit offers; and
ii
if such persons are known to exist upon reasonable enquiry by the DBFO contractor, the invitation was made to other persons who were willing to carry out work of the kind concerned, including at least one person who was not a local authority; and
d
it is an agreement which will determine no later than on a date which is five years after the date which it was entered into by the parties.
Restriction on agreements which may be entered into by the Secretary of State for Transport and the Secretary of State for Wales
6
The Secretary of State for Transport and the Secretary of State for Wales may only enter into an agreement with a local authority by virtue of this Order if it is a local authority (minister litter) agreement within the meaning of article 7 below.
Local authority (minister litter) agreement
7
An agreement is a local authority (minister litter) agreement if it is an agreement to which each of the following subparagraphs of this article applies:
a
it is an agreement between the Secretary of State and a local authority which is in England, a district council, a unitary county council, a London borough council or the Common Council of the City of London, or in Wales a county council or county borough council, with respect to the clearance of litter and refuse from, or the cleaning of, a relevant trunk road or relevant trunk road connected land which is the subject of a DBFO contract, where
i
such road or land is inside the local authority’s area; or
ii
if such road or land is outside the local authority’s area but within a district, a London borough a unitary county or the City of London in England, or within a county or county borough in Wales, the authority has consulted the council of that district, borough, unitary county, county borough or of the City of London prior to entering into the agreement with the DBFO contractor; and
b
it is an agreement for:
i
the provision by the local authority for the Secretary of State of any administrative, professional or technical services; or
ii
the use by the Secretary of State of any vehicle, plant or apparatus belonging to the local authority and the placing at the disposal of the Secretary of State of the services of any person employed in connection with the vehicle or other property in question; or
iii
the carrying out by the local authority of works of maintenance in connection with land or buildings for the maintenance of which the Secretary of State is responsible.
Signed by authority of the Secretary of State for Transport
John Watts,
Minister of State,
Department of Transport
12th March 1997
Signed by authority of the Secretary of State for Wales
Gwilym Jones,
Parliamentary Under-Secretary of State, Welsh Office
14th March 1997


text:
Citation and Commencement
1
This Order may be cited as the European Communities (Designation) (No. 2) Order 1997 and shall come into force on 22nd August 1997.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers and government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where both a Minister and one or more government departments are designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland Department in pursuance of this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the European Specialist Medical Qualifications Amendment Regulations 1997 and shall come into force on 31st December 1997.
Amendment of the European Specialist Medical Qualifications Order 1995
2
1
The European Specialist Medical Qualifications Order 1995 shall be amended in accordance with the following provisions of this regulation.
2
In article 2(1)(b) (interpretation), at the end, insert “, and by Council Directive 97/50/ EC of 6 October 1997 ”.
3
In article 6 (certificates of completion of specialist training) —
a
in paragraph (1), after “subject to paragraphs (2),”, insert “(2A),”; and
b
after paragraph (2), insert —
2A
A CCST may be awarded only to a person who has been appointed to a course of training intended to lead to the award of a CCST and has successfully completed that course of training.
.
4
In article 12 (existing specialists) —
a
in paragraph (1) —
i
for “1st January 1998”, substitute “1st December 1998”, and
ii
after “satisfies him”, insert “, then or, in the case of a person who falls within paragraph (2C), before 1st December 2001”;
b
in paragraph (2)(c)(ii), for the words after “in such a specialty”, substitute “which, together with any experience which he has in the specialty in question and any further training which he has undertaken at the recommendation of the STA under paragraph (2B), give him a level of expertise equivalent to the level of expertise he might reasonably be expected to have attained if he had a CCST in that specialty.”; and
c
after paragraph (2), insert —
2A
The STA shall, before 1st November 1998, determine, in respect of each person who applies to it before 1st April 1998 for the purposes of sub-paragraph (c) of paragraph (2), whether or not it is satisfied as mentioned in that sub-paragraph.
2B
Until 1st November 1998, the STA may, for the purposes of paragraph (2)(c)(ii), recommend that a person undertake such further training in the medical specialty in question, not exceeding twelve months in duration, as the STA consider is required to give that person a level of expertise equivalent to the level of expertise he might reasonably be expected to have attained if he had a CCST in that specialty.
2C
A person falls within this paragraph if the STA has made a recommendation under paragraph (2B) that he undertake further training for the purposes of paragraph (2)(c)(ii).
.
5
In Schedule 1 (which lists the bodies which appoint members of the Specialist Training Authority of the medical Royal Colleges), in paragraph 2 of Part I, after the entry for the Royal College of Ophthalmologists, insert —
Royal College of Paediatrics and Child Health
.
6
In Schedule 2 (which lists medical specialties in which qualifications are awarded in the United Kingdom) —
a
in Part I, for the entries specified in column 1 below, substitute the corresponding entry in column 2 below —
Column 1 Column 2 Existing entry New entry
General medicine* General medicine* (also known as general (internal) medicine) Diagnostic radiology (also known as radiology) Diagnostic radiology (also known as clinical radiology and formerly known as radiology) Geriatrics Geriatrics (also known as geriatric medicine) Psychiatry* (also known as mental illness) Psychiatry* (also known as general psychiatry or general adult psychiatry and formerly known as mental illness) Renal disease (also known as nephrology) Renal disease (also known as renal medicine and formerly known as nephrology) Otolaryngology* Otolaryngology* (also known as ENT surgery) ; and
b
In Part II, for “Mental handicap”, substitute “Psychiatry of learning disability”.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
9th December 1997


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