text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Standing Civilian Courts Order 1997 and shall come into force on 1st April 1997.
Interpretation
2
In this Order —
“the 1976 Act ” means the Armed Forces Act 1976;
“the 1955 Act ” means —
where the accused is being prosecuted under the Army Act 1955 , that Act,
where the accused is being prosecuted under the Air Force Act 1955 , that Act;
“commanding officer”, in relation to an accused, means the officer determined by or under regulations of the Defence Council under section 209(3)(f) of the 1955 Act for the purposes of investigation of offences;
“courts-martial rules” means —
where the accused is being prosecuted under the Army Act 1955, the Courts-Martial (Army) Rules 1997 ;
where the accused is being prosecuted under the Air Force Act 1955, the Courts-Martial (Royal Air Force) Rules 1997 ;
“magistrate” means the magistrate for any sitting or succession of sittings of a Standing Civilian Court specified by or on behalf of the Judge Advocate General;
“period of parental recognisance” means a period specified in an order made against the accused’s parent or guardian under paragraph 14(1) of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957 , in respect of an offence previously committed by that accused;
“the prosecution papers” has the meaning assigned to it in article 9(2);
“the prosecutor” means the prosecuting authority or any prosecuting officer appointed by the prosecuting authority;
“a service parent or guardian” shall be construed in accordance with paragraph 2(2) of Schedule 5A to the 1955 Act;
“special finding” shall be construed in accordance with article 70.
Delegation of the court administration officer’s functions
3
The court administration officer may delegate any of his functions to persons appointed to act as court administration officers under his direction.
Service
4
1
Unless the context otherwise requires, where under this Order any document is to be served on any person, the document may be served —
a
by sending the document to the commanding officer of that person;
b
by personal delivery; or
c
by post in a letter addressed to that person at his last known or usual place of work or abode.
2
Where a document is received by the commanding officer in accordance with paragraph (1)(a) above, the commanding officer or a person on his behalf shall deliver it to the person on whom the document is to be served as soon as is practicable.
PART II
PROSECUTION OF OFFENCES
Referring a case to the prosecuting authority
5
Where the higher authority refers a case in respect of an accused to the prosecuting authority, he shall forward to the prosecuting authority —
a
a copy of any report concerning the case prepared by the service police or other investigator;
b
any allegation reported to the commanding officer of the accused in the form of a charge under section 76(1) of the 1955 Act and details of any substitution or amendment of that charge under section 76(3) of the 1955 Act;
c
a list of any potential witnesses;
d
any written statements or written record of evidence of the potential witnesses;
e
any statements made by the accused including records or transcripts of interviews conducted under caution;
f
a list of any exhibits;
g
any other information in the possession of the higher authority which may be material to the prosecutor’s consideration of the institution of proceedings.
Conduct of the prosecution
6
1
If the prosecuting authority considers that Standing Civilian Court proceedings should be instituted, he shall —
a
determine any charge to be preferred;
b
prefer any charge so determined by him; and
c
direct that any such charge is to be tried by a Standing Civilian Court.
2
The prosecuting authority shall have the conduct of any Standing Civilian Court proceedings against the accused.
Charge sheet
7
1
A charge sheet shall state —
a
the name and date of birth of the accused;
b
particulars of how the accused is triable by a Standing Civilian Court; and
c
any charge preferred against the accused.
2
A charge sheet shall be signed and dated by the prosecutor.
Charges and joinder
8
The rules contained in Schedule 1 to this Order shall be observed in proceedings before Standing Civilian Courts.
Notifying the court administration officer
9
1
Where the prosecutor has preferred a charge against an accused to be tried by a Standing Civilian Court, the prosecutor shall send to the court administration officer the prosecution papers.
2
In this Order, “the prosecution papers” means —
a
a copy of the charge sheet;
b
a list of any witnesses whom the prosecutor proposes to call;
c
copies of any statements of the prosecution witnesses, or other record of their evidence;
d
a list of any exhibits which the prosecutor proposes to put in evidence and copies of those exhibits or details of their whereabouts; and
e
a list of all unused material.
Summoning the accused
10
On receipt of the prosecution papers, the court administration officer shall —
a
after consultation with the magistrate, or the Judge Advocate General (or his deputy), appoint the date, time and place for the trial;
b
specify any members of the court or assessors for the trial, if any members or assessors have not previously been specified for a succession of trials;
c
serve on the accused —
i
a summons to the accused in the form set out in Schedule 2 to this Order; and
ii
the prosecution papers.
Informing a parent or guardian of the accused
11
1
This article applies where —
a
an accused is under 17 years of age, or
b
the offence with which the accused is charged is alleged to have been committed during a period of parental recognisance.
2
The court administration officer shall serve on a parent or guardian of the accused who is a service parent or guardian —
a
a summons to a parent or guardian in the form set out in Schedule 2 to this Order;
b
a copy of the summons to the accused; and
c
a copy of the prosecution papers.
3
Where the prosecutor or the court administration officer is required under this Order to serve any document on the accused, he shall at the same time serve a copy of that document on the parent or guardian of the accused on whom a summons has been served under paragraph (2) above.
Notifying the magistrate and commanding officer
12
The court administration officer shall send to the magistrate and the commanding officer of the accused —
a
a copy of the charge sheet;
b
a copy of the summons to the accused; and
c
a copy of any summons to a parent or guardian.
Changes to the charge sheet before trial
13
1
Without prejudice to any other power of his in relation to the conduct of the proceedings, at any time before the opening of proceedings in respect of a charge, the prosecutor may —
a
amend, or substitute another charge or charges for, that charge;
b
discontinue proceedings on that charge;
c
prefer an additional charge against the accused and direct that the additional charge shall be tried at the same time as the original charge;
d
determine that a charge originally preferred for trial by a Standing Civilian Court be tried by court-martial.
2
If the prosecutor exercises any of his powers under paragraph (1) above, he shall serve notice in writing, together with any papers which are required to be added to the prosecution papers, on the accused and the court administration officer.
3
If the prosecutor exercises his power under paragraph (1)(d) above, he shall proceed with the charge in accordance with courts-martial rules.
4
Where the court administration officer receives notice in accordance with paragraph (2) above, he shall send a copy of the notice to the magistrate.
Change in date, time or place of trial
14
1
At any time before the opening of proceedings, the court administration officer may, after he has consulted the magistrate, or the Judge Advocate General (or his deputy), vary the date, time or place appointed for the trial.
2
The court administration officer shall serve notice in writing of any change made under paragraph (1) above on the accused, the prosecutor and the magistrate.
Objection before trial to member or assessor
15
1
An accused to whom a summons has been sent shall be entitled to object before the trial to any member of the court or assessor specified for his trial.
2
An objection under this article shall be made to the court administration officer in writing, stating the grounds for objection, not later than 48 hours before the date appointed for his trial.
3
The court administration officer shall immediately on receipt of any such objection consider it and notify the accused of his decision in respect of the objection.
Election of trial by court-martial
16
1
An accused to whom a summons has been sent may in accordance with this article elect court-martial trial —
a
at any time before the date appointed for his trial, by notifying the court administration officer in writing; or
b
at trial in accordance with article 37 below.
2
Where a charge sheet contains two or more charges against an accused, he may elect only in respect of both or all such charges.
3
Where there is more than one charge sheet relating to an accused, he may elect in respect of any one or more of them.
Election where more than one accused
17
Where two or more accused are charged in the same charge sheet and one of the accused elects court-martial trial in respect of that charge sheet, each accused shall be treated for the purposes of this Order as if he had so elected.
Steps to be taken where accused elects
18
1
Where an election is made under article 16(1)(a) above, the court administration officer shall notify the magistrate and the prosecutor.
2
Where an election is made under article 16(1)(a) above, and is an election to which article 17 above applies, the court administration officer shall give notice in writing to any accused who as a result of the election is to be treated as if he had elected court-martial trial.
3
Where an accused elects court-martial trial and his election is not subsequently withdrawn, the prosecutor shall proceed in accordance with courts-martial rules.
Withdrawal of election
19
1
An accused who elects court-martial trial may not withdraw his election except within 28 days of its being made and in accordance with this article.
2
Where an accused seeks to withdraw his election, he shall —
a
make an application in writing for leave to withdraw his election to the magistrate; and
b
serve a copy of the application on the prosecutor.
3
Before making his decision on the accused’s application, the magistrate shall afford the prosecutor the opportunity of making written representations to him.
4
The magistrate shall, unless he considers that the accused should be afforded an opportunity to appear before him, issue his decision in writing.
5
If an accused has elected court-martial trial and has with leave withdrawn his election, he may not make a further election for court-martial trial in respect of those proceedings.
PART III
GENERAL MATTERS
Conduct of the defence
20
1
An accused who has been notified that he is to be tried by a Standing Civilian Court shall be afforded a proper opportunity for preparing his defence.
2
An appropriate person shall be appointed by the commanding officer to assist the accused to prepare and conduct his defence, unless the accused states in writing that he does not wish such an appointment to be made.
Representation of the accused
21
1
The accused may appoint a legal adviser to act for him.
2
Any right or responsibility which accrues to the accused by virtue of this Order may be exercised by his legal adviser on his behalf, except —
a
electing to be tried by court-martial or stating that he does not wish so to elect, and
b
pleading to the charge.
3
The accused shall inform the court administration officer of the name and address of his legal adviser as soon as is practicable after a legal adviser has been appointed.
4
A legal adviser may represent an accused before a Standing Civilian Court if he is —
a
a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 ;
b
an advocate or a solicitor in Scotland;
c
a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland; or
d
a person who has in any country outside the United Kingdom rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
5
Where an accused under 17 years of age is not represented by a legal adviser, the court may allow any parent or guardian of his who is present to represent him in such manner and to such extent as the court thinks fit.
Appointment of court officials
22
The court administration officer may appoint at any time a person or persons to act as —
a
court recorder;
b
interpreter,
at a trial by Standing Civilian Court.
Additional evidence before trial
23
If before the opening of proceedings the prosecutor wishes to adduce at trial any evidence additional to that contained in the prosecution papers, he shall serve the additional evidence (or details of its whereabouts) on the accused and the court administration officer.
Witnesses not called by the prosecutor
24
1
This article applies where the prosecutor does not intend to call as a witness —
a
any person whose statement or record of evidence has been served on the accused as part of the evidence for the prosecution; or
b
a person in respect of whose evidence he has served notice under article 56.
2
Where this article applies, the prosecutor shall, unless the accused waives the requirement —
a
serve notice in writing on the accused that he does not intend to call that person; or
b
tender that person at trial for cross-examination by the accused.
Witnesses for the accused
25
1
As soon as is practicable after the accused has been summoned to appear before a Standing Civilian Court, the court administration officer shall notify the accused that any person whom he reasonably requires to give evidence at the trial may be summoned on his behalf by the court administration officer.
2
If the accused requires the court administration officer to summon a witness, the accused shall provide to the court administration officer sufficient information in sufficient time to enable a summons to be served.
3
If in the opinion of the court administration officer it is not reasonable to summon to trial any witness requested by the accused, he shall inform the accused, the magistrate and the prosecutor in writing of his decision and the reason for it.
Witness summons
26
1
Where any person is required to give evidence before a Standing Civilian Court the court administration officer may summon the witness by issuing a witness summons in the form set out in Schedule 2 to this Order.
2
Where any person is required to give evidence before a Standing Civilian Court the magistrate may, after the opening of proceedings, issue a witness summons.
3
A witness summons shall be served on the witness —
a
by delivering it to him personally;
b
by leaving it for him with a person at the witness’s usual place of abode;
c
by post in a letter addressed to him at his last known or usual place of abode; or
d
for a witness who is subject to military law, air force law or the Naval Discipline Act 1957, through his commanding officer.
4
Where any person is served with a summons in accordance with this article, there shall be paid or tendered to him at that time any expenses which by regulations made by the Defence Council are payable to a witness in respect of his attendance at a trial.
5
For the purposes of paragraph (4) above —
a
the tender of a warrant or voucher entitling the person to travel free of charge shall constitute tender of his expenses in respect of any travelling required; and
b
the tender of a written undertaking by the court administration officer to defray any other expenses payable under the regulations shall constitute tender in respect of those expenses.
The magistrate
27
The magistrate shall conduct the proceedings in accordance with the law of England and Wales.
Functions of assessors
28
An assessor may advise the magistrate on any matter (other than a question of law) arising at any stage during the proceedings, and shall for this purpose, and this purpose alone, remain with the magistrate when he deliberates on any matter, including sentence.
Swearing in of magistrates, members and assessors on appointment
29
1
A person appointed a magistrate under section 6(4) of the 1976 Act shall take an oath upon his appointment before the Lord Chancellor or a person authorised by him in that behalf.
2
A person appointed a member of a panel under subsection (6) or (8) of section 6 of the 1976 Act shall take an oath upon his appointment before the magistrate or the Judge Advocate General.
Form of oath
30
1
An oath which is required to be administered under the 1955 Act or this Order shall be administered in the appropriate form and manner set out in Schedule 3 to this Order.
2
Every oath which under this Order is to be administered in court shall be administered by the magistrate or by any person whom he authorises.
3
The oath to be taken by a person over 14 but under 17 years of age, or by any person at a trial where no accused is over 17 years of age, shall be in the appropriate form set out in Schedule 3 to this Order.
4
Where a person is permitted by section 102 of the 1955 Act, as applied in relation to Standing Civilian Courts by article 91 and Schedule 4 below, to make a solemn affirmation instead of swearing an oath, the affirmation shall be in the appropriate form set out in Schedule 3 to this Order.
Bankers’ Books Evidence Act 1879
31
1
The power to make an order conferred by section 7 of the Bankers’ Books Evidence Act 1879 may be exercised for the purposes of proceedings before Standing Civilian Courts by the magistrate.
2
The order shall be in the form set out in Schedule 2 to this Order.
PART IV
PROCEDURE AT THE HEARING
Opening of proceedings
32
At the opening of proceedings, the name of the accused and the name of any person to whom a summons to a parent or guardian was sent under article 11 above shall be called out.
Accused not appearing
33
1
If the accused does not appear when his name is called out or within a reasonable time thereafter, the court shall adjourn and report to the court administration officer.
2
Where the court administration officer receives such a report, he shall enquire into the matter and, after considering the court’s report and any representations of the prosecutor, decide whether the accused should be arrested with a view to his being brought before the court for his trial.
Explaining function of members and assessors
34
Where it appears necessary to him, the magistrate shall explain to the accused and to any parent or guardian of the accused who is present the function in relation to the proceedings of any member of the court and assessor who is sitting.
Arraignment of accused
35
Subject to articles 36 and 37 below, when the accused appears before the court he shall be arraigned.
Ascertainment of accused’s age
36
Where it appears to the court that any accused was or may have been under 17 years of age at the date when the offence with which the accused is charged is alleged to have been committed, it shall before arraignment obtain evidence of his age, in order to satisfy itself that the court is properly constituted in accordance with section 6 of the 1976 Act.
Opportunity to elect trial by court-martial
37
1
Before the accused is arraigned on any charge sheet, the magistrate or any person whom he authorises shall say to the accused words to the effect of —
You have the right to elect to be tried by court-martial instead of by this court. Do you wish to elect court-martial trial?
2
Subject to paragraphs (3) and (4) below, if any accused elects court-martial trial, the court shall adjourn and report the election in writing to the court administration officer.
3
If there is another charge-sheet against the accused before the court, the court shall, before adjourning under this paragraph, proceed with the other charge-sheet.
4
Where two or more accused are jointly charged and one or more but not all of the accused elect court-martial trial, the court shall, before adjourning or complying with paragraph (3) above, explain to each accused who has not so elected the effect of article 17 above.
Objections in court
38
1
An accused, before pleading to a charge, may object to —
a
the magistrate;
b
any member of the court;
c
any assessor;
d
any interpreter.
2
The accused may object to any interpreter appointed during the course of the trial.
3
The magistrate shall consider any objection and if he upholds it the court shall —
a
if the court is still properly constituted, proceed with the case; or
b
if the court is not still properly constituted, adjourn and report to the court administration officer.
Applications before pleading
39
1
Before an accused is required to plead to a charge, the court may make an order or ruling on —
a
any question as to the admissibility of evidence;
b
any other question of law, practice or procedure relating to the case.
2
If the court allows any application such that there is no charge remaining to which the accused can be required to plead, the proceedings shall be concluded.
Severance
40
Where —
a
an accused is charged with more than one offence; or
b
two or more accused are charged in the same charge sheet;
and the court rules that the fair trial of an accused may be prejudiced if the charges are not severed or for any other reason it is desirable that the charges are severed, it may —
i
try only one or more charges;
ii
try only one or more accused;
iii
order that any charge or any accused be tried by a differently constituted court.
Plea to the charge
41
1
Where the trial proceeds, the accused shall be required to plead separately to each charge on which he is arraigned.
2
Where the court is empowered to make a special finding in respect of an offence, the accused may plead guilty to the charge subject to the matters as would merit the special finding.
3
Where the accused does not plead to the charge or does not plead to it intelligibly, the court shall enter a plea of not guilty.
Guilty plea
42
1
If an accused pleads guilty to a charge, the court may, if it appears necessary to the magistrate and before the court decides to accept the plea, explain to the accused —
a
the nature of the charge;
b
the general effect of the plea; and
c
the difference in procedure following pleas of guilty and not guilty.
2
The court shall not accept a plea of guilty if, having regard to all the circumstances, it considers that it should not accept the plea.
3
Where a plea of guilty is not accepted by the court, the court shall enter a plea of not guilty.
Alternative charges
43
1
Where an accused pleads guilty to the first of two or more alternative charges, the court, if it accepts the plea, shall record a finding of guilty in respect of that charge and shall give the prosecutor leave to discontinue proceedings in respect of any alternative charge or charges.
2
Where an accused pleads guilty to any other of two or more alternative charges, the court shall —
a
if the prosecutor gives his consent —
i
record a finding of guilty on any charge to which the accused has pleaded guilty,
ii
record a finding of not guilty on any alternative charge placed before it on the charge sheet, and
iii
give the prosecutor leave to discontinue proceedings in respect of any further alternative charge or charges; or
b
if the prosecutor does not give the consent referred to in sub-paragraph (a) above, proceed as if the accused had pleaded not guilty to all the charges.
3
If the court records a finding of guilty under paragraph (1) or (2)(a) above and subsequently allows the accused to change his plea under article 49 below, the court may reinstate and arraign the accused on any alternative charge which was discontinued.
Changes to the charge sheet during trial
44
1
Without prejudice to any other power of his in relation to the conduct of the proceedings, at any time after the opening of proceedings in respect of a charge the prosecutor may, with the leave of the court —
a
amend, or substitute another charge or charges for, that charge;
b
discontinue proceedings on that charge;
c
prefer an additional charge against the accused.
2
If in accordance with this article the prosecutor intends to seek the leave of the court to prefer an additional charge, he shall, unless the accused waives the requirement, serve notice of such intention on the accused before the application is made.
3
Where notice is served on him in accordance with paragraph (2) above, the accused may apply for an adjournment of the trial.
4
Where the court gives leave to discontinue proceedings on a charge, the court shall consider whether to give the direction provided for in section 83B(14) of the 1955 Act, as applied to Standing Civilian Courts by article 91 below and Schedule 4 to this Order.
Changes to the charge sheet by the court
45
If after the opening of proceedings it appears that, with due regard to the fairness to the accused, it is desirable in the interests of justice to amend a charge, the court may do so.
Procedure after guilty plea
46
1
This article applies where —
a
the court has accepted only a plea or pleas of guilty; or
b
the court has accepted a plea or pleas of guilty and the prosecutor does not proceed to the trial of any charge to which an accused has pleaded not guilty.
2
This article applies whether the charge sheet is in respect of one or more than one accused.
3
After the court records a finding of guilty, the prosecutor shall address the court on the facts of the case.
Pleas of guilty and not guilty on one charge sheet
47
1
This article applies where in respect of one charge sheet —
a
the court has accepted a plea or pleas of guilty,
b
a plea or pleas of not guilty have been entered, and
c
the prosecutor proceeds to the trial of any charge on which a plea of not guilty has been entered.
2
This article applies whether the charge sheet is in respect of one or more than one accused.
3
Unless the magistrate directs otherwise, the trial of any charge on which a plea of not guilty has been entered shall proceed in accordance with this Order before the court considers any guilty plea.
4
After the court has announced its finding on each charge in respect of which a plea of not guilty has been entered, the court shall consider any guilty plea.
5
After the court records a finding of guilty in respect of each charge to which the accused has pleaded guilty, the prosecutor shall address the court on the facts of the case.
Dispute on facts after finding of guilty
48
1
Where after the court has recorded a finding of guilty in respect of any charge there are disputed facts in the case, any issue of fact may be tried.
2
Where an issue of fact is being tried in accordance with this article —
a
the court may direct the prosecutor to call any witness to give evidence, and
b
the prosecutor and the accused may, with the leave of the court, adduce evidence.
Change of plea
49
1
At any time before the court deliberates on its finding on a charge, an accused who has pleaded not guilty to a charge may, with the leave of the court, withdraw his plea and substitute a plea of guilty.
2
At any time before the court closes to deliberate on its sentence on a charge, an accused who has pleaded guilty to the charge may, with the leave of the court, withdraw his plea and substitute a plea of not guilty.
3
Where an accused changes his plea, the court shall proceed so far as is necessary as if the initial plea to that charge were the plea substituted.
Procedure after not guilty plea
50
Before calling the witnesses for the prosecution, the prosecutor may make an opening address.
Adjournment and sittings
51
1
If it appears to the magistrate that the interests of justice so require, the court may adjourn from time to time.
2
The court shall not sit on Saturday, Sunday, Christmas Day or Good Friday unless in the opinion of the magistrate it is necessary to do so.
3
The court shall sit at such times and for such periods each day as seems to the magistrate to be reasonable in the circumstances.
View by the court
52
If at any time during a trial before the court deliberates on its finding it appears to the court that it should, in the interests of justice, view any place or thing, it may adjourn for that purpose.
Conclusion of trial in interests of justice
53
1
Where, after the opening of proceedings, in the opinion of the court it is necessary in the interests of justice that that court should not continue with the trial, the court shall, subject to paragraph (3) below, conclude the trial and direct that the accused shall be tried afresh before a differently constituted court.
2
Any direction made under paragraph (1) above shall be reported to the court administration officer with the charge sheet and the note of proceedings.
3
Where under any provision of this Order the court has postponed deliberation on sentence after recording a finding of guilty in respect of an offence it may, before concluding the trial in accordance with this article, proceed to sentence in respect of that offence if it considers that it can properly do so.
Member or assessor not to sit after absence
54
If any member of the court or assessor is absent during any part of a trial at which he has been specified to sit, he shall take no further part in it.
Adjournment of case where court ceases to be properly constituted
55
Where the court ceases to be properly constituted, the proceedings shall be adjourned and there shall be sent to the court administration officer the charge sheet and the note of proceedings.
Additional evidence during trial
56
1
If after the opening of proceedings the prosecutor intends to adduce evidence additional to that referred to in the prosecution papers, he shall where practicable serve notice in writing of such intention together with the particulars of the additional evidence on the accused.
2
Where notice and particulars are served on him in accordance with paragraph (1) above, or where evidence is adduced without such notice being given, the accused may apply to the court for an adjournment of the trial.
Expert evidence
57
1
Expert evidence shall not be adduced at trial without the leave of the court unless the party proposing to rely on it has served on every other party and the court administration officer, not less than 14 days before the date appointed for the trial, a statement of the substance of the expert evidence.
2
The statement referred to in paragraph (1) above shall be in writing unless every other party consents to its being made orally.
Exhibits
58
1
Any exhibit admitted in evidence shall be marked sequentially with either a number or a letter.
2
The magistrate shall ensure that a list of exhibits is maintained.
3
Each exhibit or a label attached to each exhibit shall be signed by the magistrate.
4
Each exhibit shall be retained with the note of proceedings, unless in the opinion of the magistrate having regard to the nature of the exhibit or for other good reason it is not expedient to retain the exhibit with the note.
5
Where an exhibit is not retained with the note of proceedings, the magistrate shall ensure that proper steps are taken for its safe custody.
Presence of witnesses
59
1
Except for the accused and any expert or character witness, a witness as to fact shall not, except by leave of the court, be in court while not under examination.
2
If while a witness is under examination a question arises as to the admissibility of a question or otherwise with regard to the evidence, the court may direct the witness to withdraw for the duration of the discussion.
3
The court may direct any expert or character witness present in court to withdraw if the court considers in the interests of justice that his presence is undesirable.
Evidence through television link
60
1
Any application by the prosecutor or an accused for leave under section 32 of the Criminal Justice Act 1988 for evidence to be given by a witness through a live television link shall be made as soon as is practicable after the opening of proceedings.
2
An application may not be made under paragraph (1) above without the leave of the court unless not less than 28 days before the date appointed for the trial the party making the application has served a notice in writing on every other party, the court administration officer and the magistrate stating —
a
the grounds of the application;
b
the name of the witness;
c
where the witness is under the age of 18, the date of birth of the witness;
d
the country and place where it is proposed the witness will be when giving evidence; and
e
the name, occupation and relationship to the witness of any person proposed to accompany the witness and the grounds for believing that person should accompany the witness.
3
Where the court gives leave for a witness under the age of 14 to give evidence through a live television link, the witness shall be accompanied by a person acceptable to the court and, unless the court otherwise directs, by no other person.
Video recordings of testimony from child witnesses
61
1
Any application by the prosecutor or an accused for leave under section 32A of the Criminal Justice Act 1988 for evidence to be given by a witness by means of a video recording shall be made as soon as is practicable after the opening of proceedings.
2
An application may not be made under paragraph (1) above without the leave of the court unless not less than 28 days before the date appointed for the trial the party making the application has served a notice in writing together with a copy of the video recording to which the application relates on every other party, the court administration officer and the magistrate stating —
a
the grounds of the application;
b
where the witness is under the age of 18, the date of birth of the witness;
c
the name of the witness;
d
the date on which the video recording was made;
e
that in the opinion of the applicant the witness is willing and able to attend court for cross-examination; and
f
the circumstances in which the video recording was made.
Examination of witnesses
62
1
The court may allow a request that the cross-examination or re-examination of a witness be postponed if it is satisfied that there is a good reason for such a request and that there is no injustice to the accused in doing so.
2
The magistrate may question any witness.
3
A member of the court sitting with the magistrate and an assessor may, with the magistrate’s permission, question any witness.
4
If in the opinion of the court it is in the interests of justice to do so, the court may at any time —
a
call any witness whom it has not already heard;
b
recall a witness;
c
permit the accused or the prosecutor to recall a witness.
Submission of no case to answer
63
1
At the close of the case for the prosecution the accused may submit, in respect of any charge, that the prosecution has failed to establish a prima facie case for him to answer.
2
If the submission is allowed, the court shall find the accused not guilty of the charge to which the submission relates.
3
If the submission is not allowed, the court shall proceed with the trial.
Finding of not guilty before conclusion of the defence
64
The court may at any time after the close of the case for the prosecution find the accused not guilty of a charge, provided that the prosecutor has been given the opportunity to address the court on such a finding.
The case for the defence
65
1
After the close of the case for the prosecution, the magistrate shall satisfy himself that the accused understands —
a
that he may give evidence in his defence if he wishes but he is not obliged to do so;
b
the consequences of choosing to remain silent at trial;
c
that if he chooses to give evidence, he will be liable to be cross-examined by the prosecutor and questioned by the court; and
d
that he may call witnesses on his behalf.
2
The accused may make an opening address outlining the case for the defence, but where two or more accused are represented by one legal adviser, only one such address may be made.
Witnesses for the defence
66
Except with the leave of the court, if the accused elects to give evidence he shall be called before any other witness for the defence.
Further evidence
67
With the leave of the court, the prosecutor may call or recall a witness to give evidence on any matter raised by the accused in his defence which the prosecutor could not —
a
properly have dealt with before the accused disclosed his defence; or
b
reasonably have foreseen.
Closing addresses
68
1
Subject to paragraph (2) below, the prosecutor and the accused may each make a closing address to the court.
2
Except with the leave of the court, neither the prosecutor nor the accused may make a closing address to the court if he has already made an opening address, but where one party is granted leave every other party may also make a closing address.
3
Where two or more accused are represented by the same legal adviser, he may make only one closing address.
Deliberation on finding
69
After any closing address, the court shall deliberate on its finding on each charge.
Special finding
70
1
For the purposes of this Order a special finding is —
a
where the particulars proved or admitted at the trial differ from those alleged in the charge but are sufficient to support a finding of guilty of the like offence as that charged, a finding of guilty subject to exceptions or variations specified in the finding; or
b
a finding in accordance with section 98 of the 1955 Act (power to convict of an offence other than that charged) as applied in relation to Standing Civilian Courts by article 91 below and Schedule 4 to this Order.
2
Before making a special finding, the court shall give the prosecutor and the accused the opportunity to address the court on such a finding.
Record of finding
71
1
Where the court has reached a finding on a charge, it shall be recorded in writing, dated and signed by the magistrate.
2
Each finding shall be announced in open court.
Offences taken into consideration
72
1
Where the court has recorded a finding of guilty or a special finding on any charge, the accused may request the court to take into consideration any other offence against the 1955 Act committed by him of a similar nature to that of which he has been found guilty or in respect of which a special finding has been made and, upon such a request being made, the court may agree to take into consideration any such offence as to the court seems proper.
2
A list of the offences which the accused admits having committed and which the court agrees to take into consideration shall be signed by the accused and attached to the note of proceedings.
PART V
SENTENCING
Pre-sentence report
73
1
Where the court administration officer has arranged for a pre-sentence report to be prepared in advance of the trial, he shall serve a copy on the accused before the opening of proceedings.
2
Where the prosecutor has obtained a record of the accused’s previous convictions in advance of the trial, he shall serve a copy on the accused and the court administration officer before the opening of proceedings.
Evidence before sentencing
74
1
This article applies where the court has recorded a finding of guilty or a special finding on any charge.
2
Where practicable, the prosecutor shall present to the court —
a
particulars of any conviction (whether under the 1955 Act or otherwise) of which the accused has been found guilty except, in the case of an accused over 21 years of age, any conviction while under 14 years of age, and provided that any convictions treated as spent for the purposes of the Rehabilitation of Offenders Act 1974 are clearly marked as such; and
b
particulars of any formal police caution administered to the accused by a constable in England and Wales or Northern Ireland.
3
Unless the accused requires otherwise, the matters referred to in paragraph (2) above need not be adduced in compliance with the strict rules of evidence.
4
The court shall consider any pre-sentence report concerning the accused in the possession of the court administration officer.
5
Where an offence of which the court has found the accused guilty was committed during a period specified in —
a
an order of conditional discharge previously made against the accused under paragraph 3(1) of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957, or
b
a community supervision order previously made against the accused under paragraph 4(1) of any of those Schedules,
the court shall explain to the accused that it has power to deal with him not only for the offence of which it has found him guilty but also for the offence in respect of which the order for conditional discharge or, as the case may be, the community supervision order was made.
6
A record of antecedents signed by the person in respect of whom it is made may be accepted in evidence by the court where that person has admitted that he has been found guilty of each offence listed in the record and has had explained to him the purpose for which such admission was sought.
Evidence on behalf of the accused
75
1
The accused may —
a
give evidence on oath and call witnesses in mitigation of sentence and as to his character;
b
produce to the court any document or report; and
c
address the court in mitigation of sentence.
2
Unless the prosecutor requires otherwise, the document or report referred to in paragraph (1)(b) above need not be adduced in compliance with the strict rules of evidence.
Opportunity for parent to be heard
76
1
Where
a
the accused is under 17 years of age, or
b
the offence with which the accused is charged is alleged to have been committed during a period of parental recognisance,
the court before it deliberates on its sentence, shall, subject to paragraph (2) below, give any service parent or guardian of the accused who is present an opportunity of being heard, and shall in so doing —
i
comply with paragraph (4) below, and
ii
explain the provisions of paragraph (5) below.
2
The court need not comply with the provisions of paragraph (1) above where it decides that it will not, in deliberating on its sentence, consider exercising any of its powers to make an order or declaration against a service parent or guardian of the accused.
3
Any parent or guardian of an accused under 17 years of age who is not given the opportunity of being heard under paragraph (1) above may nonetheless, with the leave of the court, be heard before the court deliberates on its sentence.
4
Where the court is required under paragraph (1) above to comply with this paragraph, it shall explain to any service parent or guardian of the accused who is present such of its powers to make an order or declaration against him as may be relevant to the case.
5
A parent or guardian who is to be heard under this article may —
a
give evidence on oath, in which case he shall be treated as a witness in the proceedings;
b
call witnesses on his behalf, whether or not he gives evidence himself; and
c
address the court.
Deliberation on sentence
77
1
Where the magistrate is not sitting alone, the court shall sit in closed court to deliberate on sentence.
2
Where the court sits in closed court, no person shall be present except the magistrate and any member of the court and assessor sitting with him.
Postponement of deliberation on sentence
78
The court may, if it thinks that the interests of justice so require and subject to article 53 above, postpone its deliberation on the sentence to be awarded to any accused until —
a
where two or more accused are tried separately by the same court on charges arising out of the same transaction, it has recorded and announced its findings in respect of all the accused; or
b
where an accused is to be tried on charges arising out of a different transaction, it has recorded and announced its findings in respect of those charges.
Deferment of award of sentence
79
1
Where the court defers the award of sentence under paragraph 2A of Schedule 5A to the 1955 Act, the deferment shall be announced in open court.
2
A copy of the order of deferment shall be given to the accused, or served on him within 48 hours of the announcement.
3
The consent of the accused to deferment of the award of sentence shall be obtained in writing.
4
The condition under which a court may deal with an accused at a time when the period of deferment ordered in respect of him has not expired is where the court has reason to believe that the offender is, or may be, about to leave the jurisdiction of the court for a period in excess of 42 days.
5
A certificate of delivery into custody issued in accordance with paragraph 2A(12) of Schedule 5A of the 1955 Act shall be in the form set out in Schedule 2 to this Order.
Form of sentence
80
1
A separate sentence shall be awarded for each offence —
a
in respect of which the court has recorded a finding of guilty or a special finding,
b
which is the subject of re-sentencing by virtue of paragraph 3(3) or 4(9) of Schedule 5A to the 1955 Act, and
c
upon which the award of sentence was deferred under paragraph 2A of that Schedule.
2
Subject to the provisions of section 8 of the 1976 Act and section 71A of and Schedule 5A to the 1955 Act, a sentence may consist of —
a
one or more punishments, and
b
one or more orders,
3
Where an accused is being sentenced for more than one offence, and the court makes more than one order against him under paragraphs 3(1) or 4(1) of Schedule 5A to the 1955 Act, the period specified by the court in the second and any subsequent such order shall be concurrent with the period specified by the court in the first such order.
4
Subject to section 8(2) of the 1976 Act, where an accused is being sentenced for more than one offence and the court awards more than one term of imprisonment or more than one custodial order, any term of imprisonment or any period awarded under a custodial order after the first may be consecutive to, or concurrent with, any term of imprisonment or any period awarded under a custodial order before it.
5
Where the court has agreed to take into consideration any offence which is not included in the charge sheet, the court shall award a sentence appropriate to any offence of which the accused has been found guilty and to any offence which it is taking into consideration, but (save for any compensation order under paragraph 11 of Schedule 5A to the 1955 Act which it may make in respect of the offence which it is taking into consideration) not greater than the maximum sentence which may be awarded under the 1976 Act for the offence of which the accused has been found guilty.
Announcement of sentence and conclusion of trial
81
1
The sentence and the reasons for it shall be announced in open court, and the date on which it is announced shall be recorded.
2
The magistrate shall announce when the trial is concluded.
Unfitness to stand trial and insanity
82
1
Where the court is required to adjourn the hearing and refer the case to the prosecuting authority by virtue of paragraph 6 of Schedule 3 to the 1976 Act (unfitness to stand trial and insanity), it shall give the prosecuting authority, where reasonably possible —
a
details of the accused’s condition;
b
the charge-sheet and the note of proceedings.
Note of proceedings
83
The magistrate shall ensure that a note of the proceedings is made.
PART VI
REVIEW AND APPEAL
Review
84
1
Any petition presented in accordance with paragraph 19 of Schedule 3 to the 1976 Act shall be presented to the reviewing authority to whom it is addressed in the form set out in Schedule 2 to this Order.
2
Where a reviewing authority completes a review in accordance with paragraph 20 of Schedule 3 to the 1976 Act, it shall —
a
if a petition has been presented in accordance with paragraph 19 of Schedule 3 to the 1976 Act, or
b
if it exercises any of its powers under paragraph 20 of Schedule 3 to the 1976 Act,
promulgate its decision in writing to the accused, with reasons.
Notice of appeal
85
A notice of appeal addressed to the higher authority in accordance with paragraph 18 of Schedule 3 to the 1976 Act shall be lodged with the higher authority in the form set out in Schedule 2 to this Order.
Modification of the 1955 Act for appeals
86
The provisions of the 1955 Act concerning courts-martial which are specified in column 1 below shall apply to appeals before courts-martial from Standing Civilian Courts subject to the modifications and exceptions specified in column 2 below —
Column 1 Column 2 Provision applied Modifications and exceptions
(finding and sentence) section 97
after subsection (3) there shall be inserted the following subsection —
4
Any finding or sentence of the court-martial shall replace the finding or sentence of the Standing Civilian Court and shall be announced as such.
(power of reviewing authority to authorise retrial) section 113A shall not apply (limitation of time for trial of offences) section 132 shall not apply (persons not to be tried for offences already disposed of) section 134 shall not operate so as to prevent any appeal being determined
PART VII
MISCELLANEOUS
Re-trial following adjournment
87
1
Where the court administration officer directs a re-trial by virtue of paragraph 8 of Schedule 3 to the 1976 Act, he shall after consulting with the magistrate, or the Judge Advocate General (or his deputy), send notice of the date, time and place of the re-trial to —
a
the accused; and
b
the prosecutor.
2
A person who sat in the court of trial, whether as magistrate, member of the court or assessor, shall not sit in the court of re-trial.
3
Subject to paragraph (4) below, where the court of trial has recorded a finding of guilty but has not announced sentence, the court of re-trial shall proceed to sentence in accordance with the provisions of this Order as if it had recorded that finding of guilty.
4
The court of re-trial may inform itself of the facts relating to the charge in respect of which the finding of guilty was made, by —
a
reading the note of proceedings of the court of trial, or
b
calling on the prosecutor to address the court on the facts.
Forwarding the proceedings
88
The magistrate shall send to the Judge Advocate General after the conclusion of the trial —
a
the charge sheet;
b
the note of proceedings;
c
a record of the findings and sentence on each charge, signed by him and dated;
d
any exhibits attached to the note; and
e
any other document in his possession relating to the proceedings.
Custody of the proceedings
89
Subject to the requirements of any review or appeal, the documents sent by the magistrate under article 89 above shall be kept in the custody of the Judge Advocate General for a period of not less than 6 years.
Loss of the proceedings
90
If the whole or any part of an original document referred to in article 89 above is lost, a copy of the document certified by the magistrate to be correct or a reconstituted document may be accepted and used in lieu of the original.
Application of certain enactments
91
The provisions of the enactments which are specified in column 1 of Schedule 4 to this Order shall apply to proceedings before the Standing Civilian Court as if the references to courts-martial, howsoever expressed, were references to the Standing Civilian Court and subject to the further modifications specified in column 2 of that Schedule.
Circumstances not provided for
92
In any circumstance not provided for by the 1955 Act, the 1976 Act or this Order, such course shall be adopted as appears best calculated to do justice.
Revocation and savings
93
1
Subject to paragraph (2) below, the Orders set out in Schedule 5 to this Order are hereby revoked.
2
The Orders set out in Schedule 5 shall continue to apply in relation to any trial by a Standing Civilian Court which commenced before 1st April 1997 until the conclusion of that trial.
3
The revocation shall not affect the validity of anything done under those Orders in relation to any proceedings pending at the commencement of this Order.
Nicholas Soames
Minister of State, Ministry of Defence.
12th February 1997


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Social Security (Jamaica) Order 1997 and shall come into force on 1st April 1997.
Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992
2
The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified to such an extent as may be required to give effect to the provisions contained in the Convention and the Protocol set out in Schedules 1 and 2 respectively to this Order so far as the same relate to England, Wales and Scotland.
Revocation and Variation of Orders
3
1
The National Insurance and Industrial Injuries (Jamaica) Order 1972 is hereby revoked.
2
The reference to the National Insurance and Industrial Injuries (Jamaica) Order 1972 shall be omitted in Schedule 1 to the Social Security (Reciprocal Agreements) Order 1976 , the Schedule to the Social Security (Reciprocal Agreements) Order 1979 , the Schedule to the Social Security (Reciprocal Agreements) Order 1988 and Schedule 2 to the Social Security (Reciprocal Agreements) Order 1995 .
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Listed Events (Prescribed Multiplier) Order 1997 and shall come into force on 10th June 1997.
2
The prescribed multiplier for the purposes of section 102(3) of the Broadcasting Act 1996 shall be one.
Chris Smith
Secretary of State for National Heritage
20th May 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Proposals for Pilot Schemes) and (Miscellaneous Amendments) Regulations 1997 and shall come into force on 14th October 1997.
2
In these Regulations —
“the 1977 Act ” means the National Health Service Act 1977;
“the 1978 Act ” means the National Health Service (Scotland) Act 1978;
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997; and
“request” means a request to an authority under section 4(2) of the 1997 Act (requests for preparation of proposals for pilot schemes ).
Requests to authorities for preparation of proposals
2
1
A request must deal with such matters and include such information as the authority to which it is made may reasonably require for the purpose of enabling it to comply with any directions given by the Secretary of State under section 4(4) and (6)(a) of the 1997 Act (directions as to proposals and recommendations).
2
An authority shall, if asked to do so by any person who is entitled to make a request —
a
provide that person with a copy of any directions given by the Secretary of State as mentioned in paragraph (1); and
b
specify the matters with which the request must deal and the information which it must include.
3
Paragraphs (4) and (5) of this regulation apply in relation to an authority only where the Secretary of State has, in directions, specified a date (or a number of dates) by which any proposals by that authority are to be submitted to him under section 4(1) of the 1997 Act (submission of proposals for pilot schemes).
4
The authority shall, if asked to do so by any person who is entitled to make a request, inform that person of all dates specified as mentioned in paragraph (3) which have not passed at the time the authority is asked for the information.
5
A request must —
a
state which of the dates specified as mentioned in paragraph (3) is the one by which the authority is requested to submit the proposals in question to the Secretary of State;
b
be received by the authority before the beginning of the period of 28 days which ends on that date; and
c
specify the period of time which the person making the request would require after receiving notification of approval of the proposals by the Secretary of State , in order to prepare for the proposals to be implemented by the authority.
Consultation on proposals
3
1
Where, pursuant to directions given by the Secretary of State under section 4(5) of the 1997 Act, a Community Health Council or a Local Health Council is, prior to submission of proposals for a pilot scheme, consulted by the authority for whose area (or for part of whose area) the Council was established, the Council shall —
a
consider the effect of the proposals on the operation of the health service within the district or, in the case of a Local Health Council, the area or district, for which the Council was established; and
b
in the light of the conclusions which the Council reaches as a result of that consideration, give advice to the authority about that effect.
2
Where, pursuant to directions given by the Secretary of State under section 4(5) of the 1997 Act, a Local Medical Committee or an Area Medical Committee is, prior to submission of proposals for a pilot scheme, consulted by the authority for whose area the Committee was formed, it shall be a function of the Committee to —
a
consider the effect of the proposals on the provision of general medical services in that area; and
b
in the light of the conclusions which the Committee reaches as a result of that consideration, give advice to the authority about that effect.
Amendment of the National Health Service (Pilot Schemes: Financial Assistance for Preparatory Work) Regulations 1997
4
In the National Health Service (Pilot Schemes: Financial Assistance for Preparatory Work) Regulations 1997 , in paragraph (a) of regulation 3(3) (which defines “relevant date” for the purposes of conditions imposed in relation to payments of financial assistance), after “regulation 2(3)(b)” insert “being, where an application has been amended under regulation 2(4), the date specified for the purposes of regulation 2(3)(b) by virtue of that amendment”.
Amendment of the Community Health Councils Regulations 1996
5
In the Community Health Councils Regulations 1996 , in paragraph (2) of regulation 18 (consultation of Councils by relevant Health Authorities), at the end insert “, or any proposals for a pilot scheme within the meaning of section 4 of the National Health Service (Primary Care) Act 1997”.
Amendment of the National Health Service (Local Health Councils) (Scotland) Regulations 1990
6
In the National Health Service (Local Health Councils) (Scotland) Regulations 1990 , in paragraph (2) of regulation 6 (consultation with councils by Health Boards), at the end insert “but need not consult on any proposals for a pilot scheme within the meaning of section 4 of the National Health Service (Primary Care) Act 1997”.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
22nd September 1997


text:
Citation, commencement and effect
1
These Regulations may be cited as the Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 1997 and shall come into force on 19th March 1997, but except as otherwise provided shall have effect for accounting periods beginning on and after 1st January 1990.
Interpretation
2
In these Regulations unless the context otherwise requires “the principal Regulations ” means the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1992 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 2 after the definitions of “directive societies” and “non-directive societies” there shall be inserted the following definition —
“incorporated friendly societies” shall be construed in accordance with the definition of “incorporated friendly society” given by section 116 of the Friendly Societies Act 1992 ;
.
4
In regulation 4(1) there shall be added at the end “which are not incorporated friendly societies for accounting periods beginning on and after 1st January 1990 and ending before 28th April 1993”.
5
After regulation 4 there shall be inserted the following regulation —
4A
1
Paragraph (2) prescribes a modification of subsection (7) of section 76 of the Taxes Act so far as it applies to the life or endowment business carried on by incorporated friendly societies for accounting periods beginning on and after 1st February 1993 and by friendly societies which are not incorporated friendly societies for accounting periods ending on and after 28th April 1993.
2
For paragraph (a) there shall be substituted —
a
a levy imposed by virtue of arrangements approved by the Friendly Societies Commission under section 141 of the 1986 Act, or.
6
1
In regulation 5(3) , for paragraph (a) of the definition of “liabilities” there shall be substituted —
a
in the case of a directive society or an incorporated friendly society means the liabilities of the society estimated as for the purposes of its valuation report (excluding any that have fallen due or been reinsured and any not arising under or in connection with policies or contracts effected as part of the society’s insurance business); and.
2
This regulation shall have effect for accounting periods beginning on or after 1st January 1994.
7
In regulation 18 after paragraph (1) there shall be inserted the following paragraph —
1A
This regulation has effect for accounting periods beginning before 1st January 1994.
8
After regulation 18 there shall be inserted the following regulation —
18AA
1
Paragraph (2) prescribes a modification of subsection (2) of section 83 of the Finance Act 1989 so far as it applies to the life or endowment business carried on by directive societies or incorporated friendly societies for accounting periods beginning on or after 1st January 1994.
2
For that subsection there shall be substituted —
2
In subsection (1) above “brought into account” means brought into account in the society’s periodical return; and for the purposes of this subsection “periodical return” means —
a
the abstract of the actuary’s report referred to in section 46(3) of the Friendly Societies Act 1992, and
b
all forms completed in accordance with the Friendly Societies (Insurance Business) Regulations 1994 .
Patrick McLoughlin
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
25th February 1997


text:
Commencement and citation
1
This Order may be cited as The A2 Trunk Road (Greenwich) Red Route (Clearway) Traffic Order 1997, and shall come into force on 17th January 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 clearway” 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.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) 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) 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) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, The A2 Greenwich (Waiting and Loading Restriction) Order 1994 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in The A2 Trunk Road (Greenwich) Red Route (Clearway) Traffic Order 19-- only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
TRO 231
Derek Turner
Traffic Director for London
9th January 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (CableTel (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 and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Transcripts of Evidence and Attendance Fees for Shorthand Writers etc.) 1997 and shall come into force on 1st May 1997.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of Rule 42.16 of the Rules of the Court of Session
2
1
Chapter IV of the Table of Fees in Rule 42.16(3) of the Rules of the Court of Session 1994 (fees of shorthand writers) shall be amended in accordance with the following sub-paragraphs.
2
For the heading to the Chapter substitute–
TRANSCRIPTS OF EVIDENCE ETC.
3
In paragraph 1–
a
for the heading substitute–
Attendance of shorthand writer
;
b
for the word “Attending” substitute “Attendance by shorthand writer at”; and
c
subject to paragraph 3 below, for the fees of “£58.30” and “£19.40” substitute, respectively, “£100.00” and “£25.00”.
4
In paragraph 2–
a
for the heading substitute–
Notes of evidence: extension by shorthand writer or transcriber
; and
b
in sub-paragraph (c), after the words “shorthand writer” insert “or transcriber”.
5
For the notes to Chapter IV substitute–
Notes
1
Transcripts of evidence will be made only on directions from the court, and the cost of them in defended causes will, in the first instance, be payable by the solicitors for the parties in equal proportions. The daily transcripts of evidence shall be made only if all compearing parties consent. When an undefended cause is continued, or where for other reasons the court considers it necessary that transcripts be made for the use of the court and so directs, the cost will be borne by the solicitor for the pursuer in the first instance. In any cause where transcripts have not been made but are required for a reclaiming motion, the solicitor for the reclaimer may request that they be made; and when they are thus available they will be lodged in court, the cost of transcription being payable in the first instance by the solicitor for the reclaimer.
2
In any cause where the court, on a motion enrolled for the purpose, certifies that there is reasonable ground for reclaiming and that the reclaimer is unable, for financial reasons, to meet the cost of the necessary transcription from which copies for the use of the Inner House are made, the cost of such transcription will be paid out of public funds.
.
Saving
3
Paragraph 2(3)(c) above does not affect the fees payable as respects any attendance before the date on which this Act of Sederunt comes into force.
Rodger of Earlsferry
Lord President I.P.D.
Edinburgh
29th April 1997


text:
Title and commencement
1
This Order may be cited as the Fishing Boats (Specified Countries) Designation (Variation) Order 1997 and shall come into force on 4th July 1997.
Variation of the Fishing Boats (Specified Countries) Designation Order 1996
2
The Fishing Boats (Specified Countries) Designation Order 1996 shall be varied by substituting, for Schedule 2 to that Order, the Schedule to this Order.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
26th June 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
26th June 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
26th June 1997
Marjorie Mowlam
Secretary of State for Northern Ireland
2nd July 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Teleport London International 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 and commencement
1
This Order may be cited as the Leicestershire Ambulance and Paramedic Service National Health Service Trust (Establishment) Amendment Order 1997 and shall come into force on 30th May 1997.
Amendment of NHS trust Establishment Order
2
In Article 4 of the Leicestershire Ambulance and Paramedic Service National Health Service Trust (Establishment) Order 1993 for “4 non-executive” there shall be substituted “3 non-executive” and for “4 executive” there shall be substituted “3 executive”.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
20th May 1997


text:
1
This Order may be cited as the Transfer of Prisoners (Isle of Man) (No. 2) Order 1997 and shall come into force on 22nd August 1997 or the date on which Schedule 1 to the Crime (Sentences) Act 1997 comes into force by order made under section 57(2) of that Act whichever is the later.
2
Paragraphs 1 to 7, 15, 16, 17(1), (2), (3) and (4) and 18 of Schedule 1 to the Crime (Sentences) Act 1997 shall extend to, and shall apply in relation to, the Isle of Man subject to the modifications and to the transitional provision and supplementary provision specified in the Schedule to this Order.
3
In the Schedule to this Order, “the 1997 Act ” means the Crime (Sentences) Act 1997.
N. H. Nicholls
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Customs Reviews and Appeals (Tariff and Origin) Regulations 1997 and shall come into force on 24th March 1997.
2
In these Regulations —
“ the Act ” means the Finance Act 1994;
“the Commissioners” means the Commissioners of Customs and Excise.
3
1
Section 14 of the Act, as it applies to the decisions mentioned in section 14(1) of the Act, shall apply to the following decisions of the Commissioners, so far as they are made for the purposes of the Community provisions relating to binding tariff information or the Community provisions relating to binding origin information —
a
any decision as to the tariff classification or determination of the origin of any goods;
b
any decision as to whether or not binding tariff information or binding origin information is to be supplied;
c
any decision as to whether or not any binding tariff information or binding origin information is to be annulled, withdrawn or revoked.
2
In this regulation —
“binding tariff information” and “tariff classification” have the same meaning as in the Community provisions relating to binding tariff information;
“binding origin information” and “determination of the origin” have the same meanings as in the Community provisions relating to binding origin information;
“the Community provisions relating to binding tariff information” and “the Community provisions relating to binding origin information” mean Article 12 of Council Regulation ( EEC ) No. 2913/92 establishing the Community Customs Code and Title II of Part I of Commission Regulation (EEC) No. 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No. 2913/92 .
4
Section 16(4) of the Act (review jurisdiction) shall have effect as if decisions (b) and (c) mentioned in regulation 3(1) above were of a description specified in paragraph 1 of Schedule 5 to the Act.
5
1
Section 14 of the Act, as it applies to the decisions mentioned in section 14(1) of the Act, shall apply to the following decisions of the Commissioners, so far as they are made for the purposes of preferential tariff measures applicable to the exportation of goods and are not decisions falling within regulation 3 above —
a
any decision as to the determination of the origin of any goods;
b
any decision as to whether there is sufficient evidence to determine the origin of any goods.
2
In this regulation —
“preferential tariff measures” means the preferential tariff measures mentioned in Article 20(3)(d) and (e) of the Community Customs Code.
6
Section 16(4) of the Act (review jurisdiction) shall have effect as if decision (b) mentioned in regulation 5(1) above was of a description specified in paragraph 1 of Schedule 5 to the Act.
7
The Customs Reviews and Appeals (Binding Tariff Information) Regulations 1995 are hereby revoked.
M.J. Eland
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
27th February 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) Order 1997 and shall come into force at 1200 hours on 21st October 1997.
2
In this Order–
“relevant time” means 00:01 am on 21st October 1997.
Designated circumstances
2
In the opinion of the Secretary of State fish in the area designated in article 3 below may be affected by oil or other chemical substances which are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for and take fish in the designated area.
Prohibited movement of fish
5
No person shall move any fish out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters–
a
use any fish taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any fish which were taken from waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any fish which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
G M Thomson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
21st October 1997


text:
Citation and Commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 1997 and shall come into force on 31st December 1997.
Amendment of the 1992 Regulations
2
Schedules 1 and 2 to the Non-Domestic Rating Contributions (England) Regulations 1992 are amended as follows.
Rules for calculation of contributions
3
In relation to financial years beginning on or after 1st April 1998, in Schedule 1 —
a
in paragraph 1(4), for “1997” there is substituted “1998”;
b
in paragraph 4(4), for “1997 is £77,751,000” there is substituted “1998 is £78,606,000”;
c
for the Table in Part II there is substituted —
COST FACTORS
Name or description of authority Cost Factor
The councils of the districts of Broxbourne, Dartford, Elmbridge, Epping Forest, Epsom and Ewell, Hertsmere, Reigate and Banstead, Slough, South Bucks, Spelthorne, Three Rivers, Watford 1.1387 The councils of the districts of Basildon, Bracknell Forest, Brentwood, Chiltern, Crawley, Dacorum, East Herfordshire, Guildford, Harlow, Mole Valley, Runnymede, St Albans, Sevenoaks, Surrey Heath, Tandridge, Thurrock, Waverley, Welwyn Hatfield, Windsor and Maidenhead, Woking 1.1050 The council of a district other than a district named above which falls within the county of Bedfordshire, Berkshire, Buckinghamshire, East Sussex, Essex, Hampshire, Hertfordshire, Kent, Oxfordshire or West Sussex 1.0450 The council of a district other than a district named, or falling within a description given, above 1.0 The council of an inner London borough 1.2152 The council of an outer London borough 1.1140 The Common Council of the City of London 1.5169 The Council of the Isles of Scilly 1.0 The Isle of Wight Council 1.0450
Deductions from gross amount: county schools
4
1
In paragraph 3 of Schedule 1, after sub-paragraph (1), there is inserted —
1A
For the purposes of sub-paragraph (1) above there shall be ignored any determination in so far as it is made in respect of the occupation of a hereditament for the purposes of a county school (within the meaning of section 31(1) of the Education Act 1996).
2
Paragraph (1) applies to a determination in so far as it is made in respect of a day in a financial year beginning on or after 1st April 1998.
3
Where in relation to a day in a financial year beginning on or after 1st April 1998 a billing authority has decided that section 47 of the Local Government Finance Act 1988 is to apply as regards a hereditament occupied for the purposes of a county school, regulation 2 of the Non-Domestic Rating (Discretionary Relief) Regulations 1989 shall have effect as respects notice given on any day before 1st April 1998 in relation to such a hereditament, in so far as it is occupied for the purposes of such a school, as if paragraph (3) of that regulation were omitted.
4
In this regulation “county school” has the meaning given by section 31(1) of the Education Act 1996.
Assumptions relating to provisional amounts
5
In relation to financial years beginning on or after 1st April 1998, in Schedule 2 —
a
in paragraph 2(12), for “0.962” there is substituted “0.951”;
b
for the table in paragraph 8(1) there is substituted the following —
Name or description of authority Percentage
The council of a metropolitan district 1.4 The council of a non-metropolitan district which has the functions of a county council 1.4 The council of a non-metropolitan district which does not have the functions of a county council 1.1 The council of a London borough, and the Common Council of the City of London 2.2 The Council of the Isles of Scilly and the Isle of Wight Council 1.4
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State
Department of the Environment, Transport and the Regions
18th December 1997


text:
Citation and interpretation
1
1
This Order may be cited as the National Health Service (Primary Care) Act 1997 (Commencement No. 3) Order 1997.
2
In this Order, “ the Act ” means the National Health Service (Primary Care) Act 1997.
Appointed days
2
1
30th October 1997 is the day appointed for the coming into force of the following provisions of the Act —
a
section 4 (proposals for pilot schemes), in so far as it is not already in force; and
b
section 16 ( NHS contracts), in so far as it relates to pilot schemes under which personal medical services are provided.
2
28th November 1997 is the day appointed for the coming into force of the following provisions of the Act —
a
section 1 (pilot schemes) and section 2 (provision of personal medical services under a pilot scheme); and
b
section 5 (approval of pilot schemes), section 6 (making of pilot schemes) and section 18(2)(b) (funding of preparatory work), in so far as those sections relate to pilot schemes under which personal medical services are provided.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
29th October 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Reserve Forces (Provision of Information by Persons liable to be Recalled) Regulations 1997 and shall come into force on 1st April 1997.
2
Any information, notification or confirmation required to be given under these Regulations shall be given in writing unless the person to whom it is to be given accepts it in some other form.
3
A reference in these Regulations to “the appropriate authority” is a reference to the authority in regulation 5 below for the regular service into which a person to whom these Regulations apply is liable to be recalled.
Application
2
These Regulations apply to any person not serving in the regular services or reserve forces —
a
who is liable to be recalled for service under section 30, 31 or 34 of the Reserve Forces Act 1980 or Part VII of the 1996 Act; or
b
who would have been liable to be recalled under any of the provisions mentioned in paragraph (a) above but for —
i
regulations made under section 73 of the 1996 Act granting an exemption or relaxation of that liability; or
ii
an exemption granted on an application made under regulations under section 79 of the 1996 Act,
and who shall become liable to be recalled for service on expiry of such exemption or relaxation.
Information to be furnished without demand
3
A person to whom these Regulations apply shall —
a
within 14 days after becoming such a person, either —
i
notify the appropriate authority of his name, address and telephone number (if any); or
ii
if he has previously supplied that information to the appropriate authority, confirm to the appropriate authority that it is correct;
b
within 14 days of changing his name, address or telephone number notify the appropriate authority of his new name, address or telephone number;
c
where he expects to be absent from the United Kingdom for a continuous period of more than 3 months, notify the appropriate authority of that fact before departing;
d
where he has returned to the United Kingdom following a continuous absence of more than 3 months, notify the appropriate authority of —
i
his return; and
ii
his address and telephone number within the United Kingdom,
within 14 days of his return;
e
as soon as is reasonably practicable, notify the appropriate authority if he believes that he has become medically unfit for service in the armed forces and will remain so for more than 3 months;
f
as soon as is reasonably practicable, notify the appropriate authority if, having given the notification referred to in paragraph (e) above, he later believes that he is fit for service in the armed forces.
Information to be furnished on demand
4
1
If the appropriate authority notifies a person to whom these Regulations apply that he is required to give any of the information referred to in paragraph (2) below he shall give that information within 14 days.
2
The information which that person may be required to give under this regulation is —
a
his name, home address and telephone number (if any) and work address and telephone number (if any);
b
his marital status;
c
his current occupation;
d
details of any —
i
professional, technical or like qualifications which he holds;
ii
licence which he holds to drive a motor vehicle, pilot an aircraft or act as a flight engineer on an aircraft; or
iii
certificate which he holds to act as an officer on a ship;
e
information about his medical condition.
Appropriate authorities
5
1
The appropriate authority for the Royal Navy and Royal Marines shall be —
The Registrar of Reserves
Centurion Building
Grange Road
Gosport
Hampshire PO13 9XA.
2
The appropriate authority for the army shall be —
The Army Personnel Centre
Kentigern House
65 Brown Street
Glasgow G2 8EX.
3
The appropriate authority for the Royal Air Force shall be —
RAF Personnel Management Agency
CRF3 (RAF)
Room 057
Building 248
RAF Innsworth
Gloucester GL3 1EZ.
Nicholas Soames
Minister of State, Ministry of Defence
19th February 1997


text:
1
This Scheme may be cited as the M40 Motorway (Wheatley Service Area Access) Connecting Roads Scheme 1997 and shall come into force on 8th December 1997.
2
In this Scheme —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“connecting road” means a special road along a route described in the Schedule to this Scheme;
ii
“the Motorway” means the M40 Motorway in Oxfordshire;
iii
“the plan” means the plan numbered HA16/1M/001 marked “The M40 Motorway (Wheatley Service Area Access) Connecting Roads Scheme 1997”, signed by the authority of the Secretary of State for Transport and deposited at the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR; and
iv
“the special roads” means each connecting road.
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the special roads is indicated by a heavy black line on the plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
W. S. C. Wadrup
Network and Customer Services (Midland) The Highways Agency
24th November 1997