text:
1
This Order may be cited as the Bermuda (Territorial Sea) (Amendment) Order 1997 and shall come into force on 17th July 1997.
2
Paragraph (3) of article 3 of the Bermuda (Territorial Sea) Order in Council 1988 shall be amended to read as follows:
3
The baseline from which the breadth of the territorial sea is measured between a point on the coast at 32°15.'2N 64°52'.2W inshore of Hogfish Cut and a point on the coast at 32°22'.7N 64°39'.8W inshore of Town Cut, subject to paragraph (4) of this article, shall be a line following, in a clockwise direction, the seaward limit of the highest areas, shown as awash on the edition of Admiralty Chart 334 dated 26th June 1997, of the main reef surrounding the area of deeper water to the west and north of the main group of islands of Bermuda.
.
N. H. Nicholls
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Wireless Telegraphy Apparatus Approval and Examination Fees Order 1997 and shall come into force on 2nd February 1998.
Revocation and transitional provisions
2
1
Subject to paragraph (2) below, the Wireless Telegraphy Apparatus Approval and Test Fees Order 1992 is hereby revoked.
2
Where, for the purposes of the determination of an application for approval received by the Secretary of State on or before 1st February 1998, the whole or part of any approval of apparatus is conducted on or after the coming into force hereof, the fee to be charged in respect of the whole of that approval shall be the fee provided for in the Wireless Telegraphy Apparatus Approval and Test Fees Order 1992.
Interpretation
3
1
In this Order —
“ the Act ” means the Telecommunications Act 1984;
“apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus;
“approval” means approval under section 84 of the Act and includes initial approval of apparatus and approval of a technical change or modification to approved apparatus under that section;
“approval fee” shall be construed in accordance with article 6;
“approved apparatus” means apparatus which is approved under section 84 of the Act;
“examination” means the supervision by an officer of a test carried out by a person other than an officer and inspection of apparatus and shall include the carrying out of a test by an officer;
“examination fee” shall be construed in accordance with article 5;
“modification” means any change to approved apparatus which is effected by or on behalf of a person other than the manufacturer of that apparatus;
“non-technical change” means any change to approved apparatus which does not affect or is not capable of affecting the radio frequency characteristics of that apparatus which is effected by or on behalf of the manufacturer;
“officer” means a person engaged in examination on behalf of the Secretary of State; and
“technical change” means any change to approved apparatus which affects or is capable of affecting the radio frequency characteristics of that apparatus which is effected by or on behalf of the manufacturer.
2
For the purposes of this Order —
a
the setting up and dismantling of the apparatus examined and any other equipment required to conduct an examination;
b
the analysis of examination results;
c
the compiling of an examination report; and
d
unpacking and repacking the apparatus examined,
shall be treated as part of the examination.
3
For the purposes of this Order, “visit” means a continuous period of time during which an officer is reasonably absent from his work place for the purposes of conducting an examination and includes time spent in conducting the examination, time reasonably spent in travel wholly undertaken for the purposes of an examination wholly or partly conducted at a place other than the officer’s work place, any period in which overnight accommodation (including a berth on a boat or train) is reasonably occupied (an “overnight stay”) and any other rest periods reasonably taken whilst so absent.
4
In calculating an officer’s subsistence costs, a visit shall be divided into periods of time in the following order —
a
each complete period of 24 hours (a “24 hour period”);
b
any —
i
single period of less than 24 hours; or
ii
period of less than 24 hours remaining after any 24 hour periods have been taken into account,
which includes an overnight stay (an “overnight period”);
c
where —
i
the visit does not involve an overnight stay; or
ii
the visit involves one or more 24 hour periods, but no overnight period is counted,
any period of —
aa
10 hours or more but less than 24 hours (a “day period”); or
bb
5 hours or more but less than 10 hours (a “half-day period”); and
d
any remaining period of less than 5 hours, which shall be disregarded.
5
In calculating an examination fee or variable fee, each period of time taken by each officer involved in conducting an examination shall be counted separately, and the total for each officer be aggregated, and the aggregate for all officers involved divided into complete periods of 15 minutes, with any remaining period of 7.5 minutes or more but less than 15 minutes being counted as a complete period of 15 minutes, and any remaining period of less than 7.5 minutes being disregarded.
Application
4
This Order applies to the charging of fees for the purpose of determining an application for approval and in respect of the examination of apparatus for that purpose conducted by the Secretary of State.
Examination fees
5
1
This article applies to the charging of fees, “examination fees”, in respect of the examination of apparatus conducted by the Secretary of State for the purpose of determining an application for approval.
2
The examination fee shall be the sum of —
a
the amount calculated in accordance with Schedule 1 hereto; and
b
an amount equal to the value added tax chargeable on the supply of that examination.
3
For the purposes of this article, the value of the supply of examination by reference to which value added tax is chargeable shall be the amount calculated in accordance with Schedule 1 hereto.
Approval fees
6
1
This article applies to the charging of fees, “approval fees”, in respect of the determination of an application for approval of apparatus by the Secretary of State including the charging of fees in respect of any examination carried out as part of that determination.
2
The approval fee, which is payable whether or not approval is granted, shall be the sum of —
a
the sum specified in relation to the type of application appearing in Schedule 2 hereto (“the fixed fee”); and
b
if the determination of an application for approval includes a visit, the sum of —
i
the amount calculated in accordance with Schedule 3 hereto (“the variable fee”); and
ii
an amount equal to the value added tax chargeable on the supply of that examination.
3
For the purposes of this article, the value of the supply of examination by reference to which value added tax is chargeable shall be the variable fee.
Timing of payment of fees
7
1
Where an examination fee is payable, the Secretary of State shall —
a
on receipt of an application for examination of apparatus, estimate in complete periods of 15 minutes the time to be taken in conducting the examination and thereby estimate the amount to be payable in accordance with article 5 above, and shall serve an invoice on the applicant for the amount so estimated, which shall thereupon be due and payable to the Secretary of State;
b
on completion of the examination, the Secretary of State shall —
i
serve an invoice on the applicant for the final amount of the examination fee, which shall thereupon, and before disclosure of the examination report, be due and payable to the Secretary of State; or
ii
if the amount received under paragraph (1)(a) above exceeds the final amount of the examination fee, repay the balance to the applicant.
2
Where a variable fee is payable, the Secretary of State shall on completion of the visit notify the applicant of the amount of the variable fee which shall thereupon, and before disclosure and notification of the result of the application, be due and payable to the Secretary of State.
3
The fixed fee shall be due and payable on the making of the application for approval.
Barbara Roche,
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
17th December 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health Authorities (Membership and Procedure) Amendment Regulations 1997 and shall come into force on 6th January 1998.
2
In these Regulations “the principal Regulations ” means the Health Authorities (Membership and Procedure) Regulations 1996 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 8(5) (termination of tenure of office) for the words “six months” substitute the words “three months”.
3
In regulation 10 (disqualification for appointment) —
a
in paragraph (1) omit sub-paragraph (l); and
b
for paragraph (4) substitute the following paragraph —
4
A person shall not be disqualified under paragraph (1)(j) by virtue of holding any paid appointment or office where —
a
he holds a post in a university; or
b
he is a person providing general medical services under the 1977 Act ,
and the paid appointment or office is a part-time appointment or office, other than as chairman or as a director, with an NHS trust.
.
4
In Schedule 2 (Special Health Authorities of which the chairman and members are not disqualified under regulation 10(1)(g)) —
a
after “Mental Health Act Commission” insert —
National Blood Authority
; and
b
after “National Health Service Supplies Authority” insert —
Prescription Pricing Authority
.
Amendment of Regulations relating to Membership and Procedure of Special Health Authorities
3
The regulations specified in the Schedule to these Regulations shall have effect subject to the amendments specified in that Schedule.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
15th December 1997
Ron Davies
Secretary of State for Wales
15th December 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Family Credit and Disability Working Allowance (General) Amendment Regulations 1997 and shall come into force on 7th October 1997.
2
In relation to any particular claimant for either family credit or disability working allowance, regulations 2, 3 and 4 of these Regulations shall have effect, where a claimant has an award of either of those benefits —
a
which expires on 6th October 1997, on 7th October 1997;
b
which expires after 6th October 1997, on the day following the expiration of that award.
3
In these Regulations —
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 .
Family credit: remunerative work
2
In regulation 4(4)(c)(ii)(bb) of the Family Credit Regulations (remunerative work), after the words “the date of claim”, there shall be inserted the words “or he has, in the five weeks immediately preceding the week of claim, increased the number of hours that he works from below 16 hours to 16 hours or more per week,”.
Family credit: determination of maximum credit
3
For the entries in column (2) of Schedule 4 to the Family Credit Regulations against paragraph 3 (maximum credits in respect of young persons) there shall be substituted the entry “£24.80.”.
Disability working allowance: determination of maximum allowance
4
For paragraph 4 in column (2) of Schedule 5 to the Disability Working Allowance Regulations (maximum allowances in respect of young persons) there shall be substituted the following paragraph —
4. £24.80.
Amendment of the Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996
5
1
The Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 1(5) (citation, commencement and interpretation), for the words from “which is current” to the end of the paragraph there shall be substituted the words —
—
a
which expires on 6th October 1997, on 7th October 1997;
b
which expires after 6th October 1997, on the day following the expiration of that award.
.
3
In regulation 10(3) (transitional provisions), after the words “of these Regulations” there shall be inserted the words —
or regulation 3 or 4 of the Family Credit and Disability Working Allowance (General) Amendment Regulations 1997 .
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
12th March 1997


text:
Citation and Commencement
1
This Order may be cited as the Betting and Gaming Duties Act 1981 (Bingo Prize Limit) Order 1997 and shall come into force on 11th August 1997.
Increase in Prize Limit
2
Paragraph 5 of Schedule 3 to the Betting and Gaming Duties Act 1981 (exemption from bingo duty for certain small-scale, commercially-provided bingo games) shall have effect as if for the amount specified in sub-paragraph (2)(c) there were substituted “£5” .
Revocation
3
Article 5(c) of the Betting and Gaming Duties Act 1981 (Monetary Amounts) Order 1995 is hereby revoked.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
17th July 1997


text:
Commencement and citation
1
This Order may be cited as the A205 Trunk Road (Lewisham) Red Route (Bus Lanes) Experimental Traffic Order 1997, and shall come into force on 14th March 1997.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “bus lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“dial-a-ride bus” means a vehicle —
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
g
“times of operation” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the times specified in that item in column (3) of that table;
h
“permitted vehicles” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the vehicles specified in that item in column (5) of that table;
i
an entry in column (3) , (4) or (5) of an item in the table in the schedule to this order applies to that column in subsequent items in that schedule.
Bus Lane Controls
3
1
No person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in the schedule to this order during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
The controls specified in paragraph (1) of this article do not apply so as to prevent a vehicle stopping in a bus lane for as long as may be necessary —
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other order.
Exemptions
4
1
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within the exemption to a restriction or prohibition imposed by any other order made under the Road Traffic Regulation Act 1984 or which is permitted by any other order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle stopping in a bus lane if the vehicle is being used in —
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane and in so far as the activity is not prohibited by the provisions of any other order made under the Road Traffic Regulation Act 1984.
3
The controls specified in article 3(1) do not apply in respect of —
a
a vehicle entering or stopping in a bus lane so as to avoid an accident;
b
a vehicle entering or stopping in a bus lane to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
a vehicle crossing a bus lane in order to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane;
d
a vehicle being in a bus lane to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane;
e
a vehicle being used for ambulance, fire brigade or police purposes;
f
a vehicle stopping in a bus lane if it has lawfully entered the bus lane and it has to stop —
i
by law;
ii
to avoid an accident;
iii
in circumstances beyond the drivers control;
g
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
TRO 266
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
28th February 1997


text:
1
1
This Order may be cited as the Merchant Shipping (Prevention of Pollution) (Intervention) (Foreign Ships) Order 1997 and shall come into force on 2nd December 1997.
2
In this Order “the 1995 Act ” means the Merchant Shipping Act 1995.
2
The Merchant Shipping (Prevention of Pollution) (Intervention) Order 1980 is hereby revoked.
3
This Order applies to ships which are not United Kingdom ships and which are for the time being neither within United Kingdom waters nor within a part of the sea specified by virtue of section 129(2)(b) of the 1995 Act.
4
1
In relation to such ships the provisions of sections 137, 138, 138A, 139 and 140 of the 1995 Act shall, subject to paragraph (2) below, apply in any case where the Secretary of State is satisfied that there is a need to protect the coast of the United Kingdom, United Kingdom waters or a part of the sea specified by virtue of section 129(2)(b) of the 1995 Act against grave and imminent danger of pollution by oil, or by substances other than oil falling within section 138A(1)(a) or (b).
2
In the case of such ships the powers conferred on the Secretary of State to give directions under section 137 of the 1995 Act shall be exercisable only in relation to —
a
an individual who is a citizen of the United Kingdom and Colonies; or
b
a body corporate which is established under the laws of a part of the United Kingdom;
and section 139(2) of the 1995 Act (which relates to the offence of obstruction) shall apply only to such an individual or body corporate.
N.H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Oil Pollution) (Sovereign Base Areas) Order 1997 and shall come into force on 30th November 1997.
Implementation of the Liability and Fund Convention
2
Sections 152 to 170 and 172 to 181 of, and Schedule 5 to, the Merchant Shipping Act 1995, subject to the exceptions, adaptations and modifications specified in the Schedule to this Order, shall extend to the Sovereign Base Areas of Akrotiri and Dhekelia, and any instrument made, or to be made, under section 152(2), 157(2), 157(4), 172(2) or 176(5) shall also extend to the Sovereign Base Areas.
Interpretation
3
In this Order “the Sovereign Base Areas” means ‘the Sovereign Base Areas of Akrotiri and Dhekelia’.
Revocations
4
The following Orders, to the extent that they apply to the Sovereign Base Areas, are hereby revoked —
a
The Merchant Shipping (Oil Pollution) (Overseas Territories) Order 1975 ;
b
The Merchant Shipping (Oil Pollution) (Overseas Territories) (Amendment) Order 1981 ;
c
The Merchant Shipping (Oil Pollution) (Overseas Territories) (Amendment No. 2) Order 1981 ; and
d
The Merchant Shipping (Oil Pollution) (Overseas Territories) (Amendment) Order 1984 .
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bethlem and Maudsley National Health Service Trust (Transfer of Trust Property) Order 1997 and shall come into force on 11th February 1997.
2
In this Order —
“the Authority” means Croydon Health Authority;
“the trust” means the Bethlem and Maudsley National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the trust on 10th October 1996 which schedule has been signed on behalf of the Authority and the trust.
Transfer of trust property
2
On 11th February 1997 the trust property shall be transferred from the Authority to the trust.
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under Secretary of State,
Department of Health
14th January 1997


text:
Citation and commencement
1
This Order may be cited as the Education (Transfer of Functions Relating to Grant-maintained Schools) Order 1997, and shall come into force on 5th March 1997.
Revocation
2
The Education (Transfer of Functions Relating to Grant-maintained Schools) Order 1996 is hereby revoked.
Transfer of functions relating to grant-maintained schools
3
The power of the Secretary of State under section 231(6) of the Education Act 1996 to consent to borrowing by grant-maintained schools, mentioned in paragraph 1(2) of Schedule 3 to that Act, shall be exercisable instead, in relation to England, by the Funding Agency for Schools .
Cheryl Gillan
Parliamentary Under-Secretary of State,
Department for Education and Employment
30th January 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Warrington (Parishes and Electoral Changes) Order 1997.
2
This Order shall come into force —
a
for the purposes of article 2 on 1st April 1997; and
b
for the purposes of articles 3, 4 and 8 on 1st May 1997,
except that for the purpose of all proceedings preliminary or relating to an election to be held on or after 1st May 1997 articles 2, 3 and 4 shall come into force on the day after the day on which this Order is made.
3
For the purposes of articles 5, 6 and 7, this Order shall come into force on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election of a parish councillor of the parishes of Great Sankey, Winwick and Burtonwood to be held on or after that date those articles shall come into force on 10th October 1998.
4
In this Order —
“the borough” means the borough of Warrington;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, marked “Map of the Borough of Warrington (Parishes and Electoral Changes) Order 1997”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Transfers between parishes in Warrington
2
1
The areas marked A on sheet 5 shall be transferred from the parish of Appleton to the parish of Stretton.
2
The areas marked B on sheet 5 shall be transferred from the parish of Stretton to the parish of Appleton.
Wards of Warrington
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-four wards which shall bear the names set out in column (1) of Schedule 1 and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
3
Each ward shall comprise the areas (being the areas of parishes or parish wards) specified in column (2) of the Schedule opposite the name of the ward or, where no area is so specified, the area designated on the map by reference to the name of the ward and demarcated by red lines.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Warrington
4
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 1997 .
3
The councillors holding office for any ward in the borough immediately before 5th May 1997 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 1997 for any ward of the borough is two, the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smaller number of votes.
6
Where the number of councillors elected in 1997 for any ward of the borough is three —
a
the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
7
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
8
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
9
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
10
In each year in which a councillor for a ward in the borough retires in accordance with paragraphs (4) to (9) above an election of a councillor for that ward shall be held on the ordinary day of election of councillors in that year; and the term of office of councillors elected at such an election shall be three years.
11
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
12
Paragraphs (2) to (5) of article 7 of the Cheshire (Boroughs of Halton and Warrington) (Structural Change) Order 1996 (election of councillors in 1997 and subsequent years) shall be deleted.
Wards of parish of Great Sankey
5
1
The existing wards of the parish of Great Sankey shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Great Sankey North, Great Sankey South and Whittle Hall and each parish ward shall comprise the area of the ward of the borough bearing the same name.
3
The number of councillors to be elected for each ward shall be five.
Wards of parish of Winwick
6
1
The existing wards of the parish of Winwick shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of the following Table, each parish ward shall comprise the areas specified in column (2) of that Table opposite the name of the ward and the number of councillors to be elected for each parish ward shall be the number specified in respect of the ward in column (3) of that Table —
TABLE
(1) (2) (3)
Houghton That part of the parish of Winwick which lies within the borough ward of Poplars 4 St. Oswald’s That part of the parish of Winwick which lies within the borough ward of Burtonwood and Winwick 6
Number of councillors for parish wards of Burtonwood
7
The number of councillors to be elected for each parish ward of the parish of Burtonwood described in column (1) of the following Table shall be the number specified in respect of the ward in column (2) of that Table —
TABLE
(1) (2)
Callands 5 East 4 West 3 Westbrook 4
Parish elections
8
1
The ordinary elections of parish councillors for the parishes of Birchwood, Hatton, Stockton Heath, Stretton and Walton (“the relevant parishes”) in 1999 shall not take place; and any such parish councillor holding office immediately before 10th May 1999 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 8th May 2000.
2
Elections of all parish councillors for the relevant parishes shall be held simultaneously on the ordinary day of election of councillors in 2000 and 2003 and every fourth year after 2003.
3
The term of office of any parish councillor so elected shall be, in the case of the parish councillors elected in 2000, three years and, in any other case, four years.
4
On the fourth day after any such election —
a
the persons who were parish councillors immediately before those elections shall retire; and
b
the newly elected parish councillors shall come into office.
5
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 8th May 2000 in the office of a parish councillor for a relevant parish, as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 8th May 2000.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
21st February 1997


text:
Citation and commencement
1
These Regulations may be cited as the Rent Assessment Committees (England and Wales) (Amendment) Regulations 1997 and shall come into force on 15th January 1998.
Amendments
2
The Rent Assessment Committees (England and Wales) Regulations 1971 shall be amended by substituting for regulation 2A from the start to the end of paragraph (1):
1988 and 1989 Act references
2A
1
This regulation applies where a reference is made under:
paragraph 5 of Schedule 5 to the Landlord and Tenant Act 1954 as applied by paragraph 19 of Schedule 10 to the Local Government and Housing Act 1989 ;
section 6, 13, 14A or 22 of the Housing Act 1988 ; or
paragraph 6(2) or 10(2) of Schedule 10 to the Local Government and Housing Act 1989.
.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
12th December 1997
Signed by authority of the Secretary of State
Win Griffiths
Parliamentary Under Secretary of State for Wales, Welsh Office
16th December 1997


text:
1
This Order may be cited as the Dockyard Services (Devonport) (Designation and Appointed Day) (Revocation) Order 1997 and shall come into force on 20th March 1997.
2
The Dockyard Services (Devonport) (Designation and Appointed Day) Order 1986 is hereby revoked.
James Arbuthnot
Minister of State for Defence Procurement, Ministry of Defence
18th March 1997


text:
1
This Order may be cited as the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) (No. 3) Order 1997 and shall come into force on 7th April 1997.
2
The office of the social fund Commissioner for Great Britain is hereby added to the offices listed in Schedule 1 to the Superannuation Act 1972 with effect from 1 June 1995.
3
The office of the social fund Commissioner for Northern Ireland is hereby added to the offices listed in Schedule 1 to the Superannuation Act 1972 with effect from 1 June 1995.
Chancellor of the Duchy of Lancaster for the Minister for the Civil Service
Roger Freeman
17th March 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (IXNET UK 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


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Pilot Schemes — Health Service Bodies) Regulations 1997 and shall come into force on 31st December 1997.
2
In these Regulations —
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997;
“applicant” means a person making an application;
“application” means an application under section 16 of the 1997 Act to become a pilot scheme health service body in respect of a pilot scheme under which personal medical services are, or are to be, provided;
“member”, in relation to a pilot scheme health service body —
where the relevant pilot scheme has not yet been implemented, means a person proposing to provide piloted services under that scheme, and
where the relevant pilot scheme has been implemented, is to be construed in accordance with section 16(7) of the 1997 Act;
“relevant authority” means the authority which is, or is to be, a party to the relevant pilot scheme; and
“relevant pilot scheme” means the pilot scheme under which —
the applicants are to provide, or are providing, piloted services, or
the members of the pilot scheme health service body are to provide, or are providing, piloted services,
as the case may be.
Applications to become a pilot scheme health service body
2
1
An application shall be made in writing, and shall include the name and address of each applicant.
2
A copy of an application shall be sent to the relevant authority.
3
The grant of an application does not affect the nature of, or any rights or liabilities arising under, any contract entered into by an applicant before the date on which the application comes into effect.
Ceasing to be a pilot scheme health service body
3
1
Subject to paragraphs (3) and (4), a pilot scheme health service body shall cease to be such a body if all the members of the pilot scheme health service body withdraw from the relevant pilot scheme before it has been implemented.
2
Subject to paragraphs (3) and (4), where the relevant pilot scheme has been implemented, a pilot scheme health service body shall cease to be such a body if —
a
the relevant pilot scheme comes to an end (in circumstances other than those specified in sub-paragraph (b));
b
the Secretary of State gives directions under section 8(4) of the 1997 Act relating to the relevant pilot scheme; or
c
all the members of the pilot scheme health service body agree in writing that that body is to cease to be such a body on a specified date, and they give notice in writing of their decision to the Secretary of State and the relevant authority.
3
The date on which a pilot scheme health service body ceases to be such a body is —
a
in a case falling within paragraph (1), the date on which the last member of the pilot scheme health service body withdraws from the relevant pilot scheme;
b
in a case falling within paragraph (2)(a), the date on which the relevant pilot scheme comes to an end;
c
in a case falling within paragraph (2)(b), the date on which the directions are given; and
d
in a case falling within paragraph (2)(c), the date specified by the members of the pilot scheme health service body.
4
Where a pilot scheme health service body ceases to be such a body under this regulation, it ceases to be such a body for all purposes except that of being a party to an NHS contract entered into on a date before that on which the pilot scheme health service body ceases to be such a body (for which purpose it ceases to be such a body on the determination of that NHS contract).
5
Where, by virtue of paragraph (4), a pilot scheme health service body remains such a body for the purpose of being a party to an NHS contract —
a
if (on the date the pilot scheme health service body ceases to be such a body for other purposes under this regulation) the relevant pilot scheme has been implemented, that body is to be treated as consisting of those who provided piloted services under that scheme on the date on which that body ceased (for all other purposes) to be a health service body, and
b
if (on the date the pilot scheme health service body ceases to be such a body for other purposes under this regulation) the relevant pilot scheme has not been implemented, that body is to be treated as consisting of those who proposed to provide piloted services under that scheme on the date on which that NHS contract was entered into.
6
In this regulation, “NHS contract” has the meaning assigned by section 4(1) of the National Health Service and Community Care Act 1990 and section 17A(3) of the National Health Service (Scotland) Act 1978 .
Frank Dobson
One of Her Majesty’s Principal Secretaries of State
Department of Health
9th December 1997


text:
Citation and commencement
1
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Armed Forces) Order 1997 and shall come into force on 1st February 1997.
2
In this Order “the service discipline Acts ” means the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.
Codes of practice
2
The following revised codes of practice —
a
the Code of Practice for the Treatment and Questioning of Persons by the Service Police;
b
the Code of Practice for the Identification of Persons Suspected of Offences under the Service Discipline Acts;
c
the Code of Practice for the Tape Recording of Service Police Interviews with Suspects;
for persons other than police officers who are concerned with enquiries into offences under the service discipline Acts, shall come into operation on 1st February 1997.
Revocation
3
The Police and Criminal Evidence Act 1984 Codes of Practice (Armed Forces) Order 1986 and the Police and Criminal Evidence Act 1984 Codes of Practice (Armed Forces) Order 1989 are revoked.
James Arbuthnot
Minister of State, Ministry of Defence
8th January 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northampton Community Healthcare National Health Service Trust (Transfer of Trust Property) Order 1997 and shall come into force on 25th March 1997.
2
In this Order —
“the Authority” means Northamptonshire Health Authority;
“the Trust” means the Northampton Community Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 29th November 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 25th March 1997 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under Secretary of State,
Department of Health
24th February 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Advanced Radio Telecom Limited) Order 1997 and shall come into force on 14th October 1997.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
4th September 1997


text:
Citation and Commencement
1
This Order may be cited as the Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1997 and shall come into force on 1st June 1997.
Interpretation
2
In this Order —
“ the Act ” means the Financial Services Act 1986;
“the 1996 Order ” means the Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1996 .
Overseas Persons
3
Article 10 of the 1996 Order shall be deleted and the following substituted: —
Overseas persons
10
1
In this article “overseas person” means a person who does not fall within section 1(3)(a) of the Act.
2
Subject to the provisions of paragraph (3) below, section 57 of the Act shall not apply to an investment advertisement which an overseas person issues or causes to be issued to another person if that other person is either —
a
a person with or for whom the overseas person has, in the course of carrying on investment business, effected or arranged for the effecting of a transaction within the period of twelve months ending with the date on which the investment advertisement was issued; or
b
a person to whom the overseas person has, in the course of carrying on such business, provided custody services falling within paragraph 13A of Schedule 1 to the Act within that period; or
c
a person to whom the overseas person has, in the course of carrying on such a business, given advice falling within paragraph 15 of Schedule 1 to the Act within that period; or
d
a person on whose behalf the overseas person has, in the course of carrying on such business, sent or caused to be sent dematerialised instructions falling within paragraph 16A of Schedule 1 to the Act within that period.
3
The provisions of paragraph (2) shall not apply unless —
a
in a case within paragraph (2)(a) above, the transaction was effected or arranged at a time when the other person was neither resident nor had a place of business in the United Kingdom; or
b
in a case within paragraph (2)(b) above, the custody services were provided outside the United Kingdom at a time when the other person was neither resident nor had a place of business in the United Kingdom; or
c
in a case within paragraph (2)(c) above, the advice was given outside the United Kingdom at a time when the other person was neither resident nor had a place of business in the United Kingdom; or
d
in a case within paragraph (2)(d) above, the dematerialised instruction was sent, or caused to be sent when the other person was neither resident nor had a place of business in the United Kingdom; or
e
in a case within paragraph (2)(a), (b), (c) or (d), if the transaction was effected or arranged, or the custody services were provided, or the advice was given or the dematerialised instruction was sent or caused to be sent otherwise than in the circumstances described in whichever is relevant of sub-paragraph (a), (b), (c) or (d) of this paragraph, the overseas person had, on a previous occasion and in the course of carrying on investment business —
i
effected or arranged for the effecting of a transaction with or for the other person in the circumstances described in sub-paragraph (a) of this paragraph; or
ii
provided to the other person custody services falling within paragraph 13A of Schedule 1 to the Act in the circumstances described in sub-paragraph (b) of this paragraph; or
iii
given the other person advice falling within paragraph 15 of Schedule 1 to the Act in the circumstances described in sub-paragraph (c) of this paragraph; or
iv
sent or caused to be sent, on behalf of the other person a dematerialised instruction falling within paragraph 16A of Schedule 1 to the Act in the circumstances described in sub-paragraph (d) of this paragraph.
Advertisements issued to persons sufficiently expert to understand the risks involved
4
Article 11 of the 1996 Order shall be amended as follows:
a
in paragraph (1) after the words “not an authorised person” there shall be inserted —
nor a European investment firm carrying on home-regulated investment business in the United Kingdom
b
after paragraph (3)(a) there shall be inserted —
aa
a European investment firm carrying on home-regulated business in the United Kingdom; or
c
at the end of paragraph (4) there shall be inserted —
and in paragraphs (1) and (3)(aa) above, “European investment firm” and “home-regulated investment business” have the meanings given by regulation 2 of the Investment Services Regulations 1995
.
Exchanges operating relevant EEA markets
5
In Part I of Schedule 1 to the 1996 Order, “Amsterdam Stock Exchange” and “European Options Exchange” shall be deleted and “Amsterdam Exchanges AEX” shall be inserted below “Asociacion de Intermediaros de Activos Financieros”.
Bowen Wells
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 3) Regulations 1997 and shall come into force —
a
for the purposes of this regulation, on 1st August 1997;
b
for the purposes of sub-paragraphs (a) and (d) of paragraph (2) of regulation 2, regulation 2(1) so far as it relates to those sub-paragraphs, and regulation 3 —
i
in relation to a student whose period of study begins on or after 1st August 1997 but before 1st September 1997, on the first Monday of that period;
ii
in any other case, on 1st September 1997;
c
for the purposes of sub-paragraphs (b) and (c) of paragraph (2) of regulation 2, and regulation 2(1) so far as it relates to those sub-paragraphs —
i
in relation to a student whose period of study begins on or after 1st August 1997 but before 1st September 1997, on the first Tuesday of that period;
ii
in any other case, on 2nd September 1997;
d
for the purposes of sub-paragraphs (e) and (f) of paragraph (2) of regulation 2, and regulation 2(1) so far as it relates to those sub-paragraphs —
i
in relation to a student whose period of study begins on or after 1st August 1997 but before 1st September 1997, on the first day of that period;
ii
in any other case, on 1st September 1997;
so, however, that regulation 2(2)(e) and (f) shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after the day mentioned in head (i) of this sub-paragraph, or the date on or after the day mentioned in head (ii) of this sub-paragraph, whichever applies in his case; and for this purpose, the expression “benefit week” has the same meaning as in regulation 2(1) of the Income Support Regulations or, as the case may be, in regulation 1(3) of the Jobseeker’s Allowance Regulations .
2
In these Regulations —
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
Student’s grant income
2
1
In each of the regulations specified in paragraph (2) below (which all relate to the calculation of the amount of a student’s grant income) for the amount “£280” in each place where it occurs there shall be substituted the amount “£287”.
2
The Regulations are —
a
regulation 42(2)(g) of the Council Tax Benefit (General) Regulations 1992 ;
b
regulation 42(2)(e) of the Disability Working Allowance (General) Regulations 1991 ;
c
regulation 38(2)(f) of the Family Credit (General) Regulations 1987 ;
d
regulation 53(2)(g) of the Housing Benefit Regulations;
e
regulation 62(2)(g) of the Income Support Regulations; and
f
regulation 131(2)(f) of the Jobseeker’s Allowance Regulations.
Student’s eligible rent
3
In paragraph (1) of regulation 51 of the Housing Benefit Regulations (calculation of eligible rent for full-time students) for the amount “£25.20” in sub-paragraph (a) there shall be substituted the amount “£25.80” and for the amount “£17.45” in sub-paragraph (b) there shall be substituted the amount “£17.85”.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
8th July 1997


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 2) Regulations 1997 and shall come into force on 6th April 1997.
Amendment of the Social Security (Contributions) Regulations 1979
2
In regulation 7 of the Social Security (Contributions) Regulations 1979 (lower and upper earnings limits for Class 1 contributions) —
a
for “6th April 1996”, substitute “6th April 1997”; and
b
for “£61” and “£455”, substitute “£62” and “£465” respectively.
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:
Citation and Entry into Force
1
This Order may be cited as the Northern Ireland Arms Decommissioning Act 1997 (Immunities and Privileges) Order 1997 and shall come into force on the date on which the agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Ireland establishing the Independent International Commission on Decommissioning (“the Agreement”) enters into force. That date will be notified in the London, Edinburgh and Belfast Gazettes.
Interpretation
2
1
In this Order —
“ Commission ” means the Independent International Commission on Decommissioning established by the Agreement;
“Member of the Commission” means a person appointed in terms of Article 5 of the Agreement;
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 .
2
For the purposes of this Order, the official activities of the Commission means its activities carried out in pursuance of its purpose as defined in the Agreement and includes its administrative activities.
The Commission
3
The Commission shall have the legal capacities of a body corporate.
4
Except in so far as in any particular case any privilege or immunity is waived by the Commission, and subject to sections 5 and 6 of the Act, the Commission shall have immunity from suit and legal process.
5
Except in so far as in any particular case any privilege or immunity is waived by the Commission, and subject to sections 5 and 6 of the Act, the Commission shall have the like inviolability of official archives and premises as in accordance with the 1961 Convention Articles is accorded in respect of the official archives and premises of a diplomatic mission.
6
The Commission shall have exemption from prohibitions and restrictions on importation and exportation in the case of goods imported or exported by or on behalf of the Commission and necessary for the exercise of its official activities.
Members of the Commission
7
Except in so far as in any particular case any privilege or immunity is waived by the Commission, and subject to sections 5 and 6 of the Act, the Members of the Commission shall enjoy —
a
immunity from suit and legal process in respect of things done or omitted to be done by them in the course of the performance of their official duties;
b
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom, exemption from income tax in respect of the salaries and emoluments received by them as members of the Commission, provided that nothing in this sub-paragraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purposes of assessing the amount of taxation to be applied to income from other sources;
c
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom, exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland: —
i
services rendered for the Commission by them shall be deemed to be excepted from any class of employment in respect of which contributions under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution which he would not be required to pay if those services were not deemed to be so excepted.
Staff of the Commission
8
Except in so far as in any particular case any privilege or immunity is waived by the Commission, and subject to sections 5 and 6 of the Act, the staff of the Commission shall enjoy:
a
immunity from suit and legal process in respect of things done or omitted to be done by them in the course of the performance of their official duties;
b
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom, exemption from income tax in respect of the salaries and emoluments received by them as staff of the Commission, provided that nothing in this subparagraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purposes of assessing the amount of taxation to be applied to income from other sources.
c
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom, exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland: —
i
services rendered for the Commission by them shall be deemed to be excepted from any class of employment in respect of which contributions under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution which he would not be required to pay if those services were not deemed to be so excepted.
Agents or Persons Performing Functions Assigned to them
9
Except in so far as in any particular case any privilege or immunity is waived by the Commission, and subject to sections 5 and 6 of the Act, agents or persons performing functions assigned to them by the Commission shall enjoy immunity from suit and legal process in respect of things done or omitted to be done by them in the course of the performance of their official duties.
Robin Cook
Her Majesty’s Principal Secretary of State for Foreign and Commonwealth Affairs
11th September 1997


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Disability Living Allowance) Amendment Regulations 1997 and shall come into force on 6th October 1997.
Amendment of regulation 3 of the Social Security (Disability Living Allowance) Regulations 1991
2
In regulation 3 of the Social Security (Disability Living Allowance) Regulations 1991 (age 65 or over) —
a
in paragraph (1), for the word “, where — ” there shall be substituted “if he is a person to whom paragraphs (2) and (3) apply.”; and
b
sub-paragraphs (a) to (d) of paragraph (1) shall be omitted.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
13th February 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Sussex Cable & Telecoms Limited) Order 1997 and shall come into force on 7th January 1998.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche
Parliamentary Under-Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
3rd December 1997


text:
Citation
1
This Order may be cited as the Environment Act 1995 (Commencement No. 9 and Transitional Provisions) Order 1997.
Provisions coming into force on 1st July 1997
2
The following provisions of the Environment Act 1995 shall come into force on 1st July 1997 —
a
section 60(3), (4), (5)(a) and (7); and
b
section 116 in so far as it relates to paragraph 2(4) of Schedule 21 except for the purposes of the application of the substituted section 222 of the Water Resources Act 1991 to Part II of that Act.
Transitional provisions
3
1
Any application by the Crown for a consent for the purposes of section 88(1)(a) of the Water Resources Act 1991 made before 1st July 1997, and anything done before that date in relation to that application, shall be treated on and after that date as if it had been made or done under the relevant provisions of Schedule 10 to that Act or the Control of Pollution (Applications, Appeals and Registers) Regulations 1996 .
2
Where —
a
any application to which paragraph (1) above applies has not been finally disposed of before 1st July 1997; and
b
the application relates to discharges which are substantially the same as discharges lawfully made by the Crown before that date without a consent,
the Environment Agency shall be deemed to have given unconditionally the consent applied for and the deemed consent shall continue in force until the application is finally disposed of.
3
An application shall be treated as finally disposed of for the purposes of paragraph (2) above —
a
on the date on which the Agency gives the consent applied for unconditionally or the application is withdrawn;
b
if the Agency gives its consent subject to conditions or refuses its consent, on the expiration of the time limit for appealing against that decision; or
c
if an appeal is duly made against the Agency’s decision, on the date on which that appeal is determined or withdrawn.
Signed by authority of the Secretary of State
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
27th June 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1997 and shall come into force —
a
for all purposes, except those of regulation 3 and Schedules 3 and 4, on the twenty-eighth day after that on which they are made;
b
for the purposes of regulation 3 and Schedules 3 and 4, on 1st October 1997.
2
In these Regulations “the 1989 Regulations ” means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 .
General increase in fees
2
1
In regulation 10A of the 1989 Regulations —
a
in paragraph (5)(b), for “£80” substitute “£90”; and
b
in paragraph (6), for “£160” substitute “£180”, and for “£8,000” substitute “£9,000”.
2
In regulation 11A of the 1989 Regulations for “£30” substitute “£33”.
3
In Part I of Schedule 1 to the 1989 Regulations —
a
in paragraphs 4(1) and 6(2), for “£160” substitute “£180”;
b
in paragraphs 7, 7A(b) and 7B , for “£80” substitute “£90”; and
c
in paragraph 15(2), for “£160” substitute “£180”, and for “£4,000” substitute “£4,500”.
4
For Part II of Schedule 1 to the 1989 Regulations (scale of fees), substitute the new Part II set out in Schedule 1 to these Regulations.
5
For Schedule 2 to the 1989 Regulations (scale of fees for advertisement applications), substitute the new Schedule 2 set out in Schedule 2 to these Regulations.
Further increase from 1st October 1997
3
1
In regulation 10A of the 1989 Regulations —
a
in paragraph (5)(b), for “£90” substitute “£95”; and
b
in paragraph (6), for “£180” substitute “£190” and for “£9,000” substitute “£9,500”.
2
In regulation 11A of the 1989 Regulations, for “£33” substitute “£35”.
3
In Part I of Schedule 1 to the 1989 Regulations —
a
in paragraphs 4(1) and 6(2), for “£180” substitute “£190”;
b
in paragraphs 7, 7A(b) and 7B, for “£90” substitute “£95”; and
c
in paragraph 15(2), for “£180” substitute “£190” and for “£4,500” substitute “£4,750”.
4
For Part II of Schedule 1 to the 1989 Regulations (scale of fees), substitute the new Part II set out in Schedule 3 to these Regulations.
5
For Schedule 2 to the 1989 Regulations (scale of fees for advertisement applications) substitute the new Schedule 2 set out in Schedule 4 to these Regulations.
Amendment to definition of “disabled person”
4
For regulation 4(3) of the 1989 Regulations there shall be substituted:
3
In this regulation, “disabled person” means —
a
a person who is within any of the descriptions of persons to whom section 29 of the National Assistance Act 1948 applies; or
b
a child who is disabled for the purposes of Part III of the Children Act 1989.
Other amendments
5
The 1989 Regulations shall have effect subject to the amendments set out in Schedule 5 to these Regulations.
Revocation
6
Regulations 3, 4, 5, 6 and 7 of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1993 are hereby revoked.
John Gummer
Secretary of State for the Environment
7th February 1997
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
2nd January 1997


text:
Commencement and citation
1
This Order may be cited as the A41 Trunk Road (Barnet) 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;
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”;
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”; and
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in 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 of existing Orders
10
The A41 Trunk Road (Barnet) Red Route ( No. 1) Experimental Traffic Order 1996 is hereby revoked.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
24th February 1997


text:
1
This Order may be cited as the East Sussex (Coroners) Order 1997 and shall come into force on 1st April 1997.
2
1
The Eastern East Sussex Coroner’s District and the Western East Sussex Coroner’s District shall be abolished.
2
The person who, at 31st March 1997, is the coroner for the existing Eastern East Sussex Coroner’s District shall be deemed on 1st April 1997 to be appointed coroner for the County of East Sussex.
3
Any person who, at 31st March 1997, is a deputy or assistant deputy coroner for the existing Eastern East Sussex 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 County of East Sussex.
3
1
On 1st April 1997, any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for the existing Eastern East Sussex Coroner’s District or the coroner for the existing Western East Sussex Coroner’s District shall be deemed to have been issued, made, given, begun or done by or to the coroner for the County of East Sussex.
2
All documents, exhibits, registers and other things in the custody of the coroner for the existing Eastern East Sussex Coroner’s District or the coroner for the Western East Sussex Coroner’s District in connection with inquests or post-mortem investigations shall be transferred to the coroner for the County of East Sussex.
3
In this article “coroner” includes any deputy coroner or assistant deputy coroner.
Tom Sackville
Parliamentary Under-Secretary of State
Home Office
21st February 1997