text:
1
These Regulations may be cited as the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) Regulations 1997 and shall come into force on 11th March 1997.
2
In regulation 3(3) of the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 (payment by instalments) for “6.87 per cent.” substitute “7.18 per cent.”.
3
The Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment No. 3) Regulations 1996 are revoked.
4
Regulations 2 and 3 do not apply in respect of any period before the date these Regulations come into force (notwithstanding that interest included in the amount of an instalment is paid on or after that date).
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
8th February 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
11th February 1997


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rent Officers (Housing Renewal Grants Functions) Order 1997 and shall come into force on 7th April 1997.
2
In this Order, “local housing authority” has the same meaning as in the Housing Act 1985 .
Additional functions
2
1
Where, in connection with applications to which section 31 of the Housing Grants, Construction and Regeneration Act 1996 applies, a local housing authority seeks the advice of a rent officer on any matter pursuant to subsection (4) of that section, the rent officer shall provide the advice to the local housing authority in writing within the period of 45 working days beginning with the date on which he received the request for advice or, where he requests further information under paragraph (2), with the date on which he received the information, or as soon as practicable after that period.
2
If a rent officer needs further information in order to give the advice, he shall serve notice in writing on the local housing authority requesting that information and until he receives it paragraph (1) shall not apply to the provision of that advice.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
5th March 1997
Signed by authority of the Secretary of State
Jonathan Evans
Parliamentary Under Secretary of State for Wales
6th March 1997


text:
Citation and commencement
1
This Order may be cited as the South Lincolnshire Community and Mental Health Services National Health Service Trust (Establishment) Amendment Order 1997 and shall come into force on 18th April 1997.
Amendment of NHS trust Establishment Order
2
In Article 4 of the South Lincolnshire Community and Mental Health Services National Health Service Trust (Establishment) Order 1992 for “5 non-executive” there shall be substituted “4 non-executive” and for “5 executive” there shall be substituted “4 executive”.
Signed by authority of the Secretary of State for Health
John Horam,
Parliamentary Under Secretary of State
Department of Health
7th April 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Homelessness (Isles of Scilly) Order 1997 and shall come into force on 3rd April 1997.
2
In this Order —
“ the Act ” means the Housing Act 1996;
“the Council” means the Council of the Isles of Scilly.
Eligibility for assistance by the Council and local connection with the district of the Council
2
1
Where —
a
a person applies to the Council for assistance under Part VII of the Act (homelessness); or
b
a person applies to a local housing authority other than the Council for such assistance and, but for the provisions of paragraphs (2) and (3), the conditions specified in section 198(2) of the Act (referral of case to another authority) for referral of the case to the Council are satisfied,
sections 183 to 218 of the Act shall be subject to the following provisions of this article.
2
A person is not eligible for assistance by the Council if he has not been resident in the district of the Council for a period of two years and six months during the period of three years immediately prior to his application.
3
Where a person is not excluded from assistance by the Council by paragraph (2) —
a
he has a local connection with the district of the Council; and
b
section 199 of the Act (local connection) shall not apply for the purpose of determining whether he has a local connection with the district of the Council.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
12th March 1997


text:
Citation
1
This Order may be cited as the Finance Act 1997, Schedule 6, Paragraph 7, (Appointed Day) Order 1997.
Commencement
2
The day appointed as the day on which Schedule 6 of the Finance Act 1997 comes into force is 1st June 1997.
D.J. Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
16th May 1997


text:
1
This Order may be cited as the Broadcasting Act 1996 (British Broadcasting Corporation — Transmission Network) (Guernsey) Order 1997 and shall come into force on 22nd August 1997.
2
Sections 131 to 133, 147(1) and 150(1) of, and Schedule 5 to, the Broadcasting Act 1996 shall extend, with the modifications specified in the Schedule to this Order, to the Bailiwick of Guernsey.
3
Any reference in the Schedule to this Order to Guernsey is a reference to the Bailiwick of Guernsey.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the M4 Motorway (Heathrow Airport Spur Road) (Bus Lane) Regulations 1997 and shall come into force on 21st July 1997.
Interpretation
2
In these Regulations unless the context otherwise requires —
“bus” means a public service vehicle which is constructed or adapted to carry more than eight passengers in addition to the driver;
“motorway” has the meaning given in regulation 3(1) of the Motorways Traffic (England and Wales) Regulations 1982 ;
“Spur Road” means the length of motorway known as the M4 Heathrow Airport Spur Road between a point 210 metres north of marker post AS4 by junction 4 of the M4 and a point 100 metres south of marker post AS15 by the Concorde Roundabout on the A4; and
“bus lane” means the right-hand or offside traffic lane of the southbound carriageway of the Spur Road.
Prohibition
3
–
1
Subject to paragraph (2) no person shall cause or permit any vehicle to enter in or proceed in the bus lane.
2
Paragraph (1) of this regulation shall not apply to —
a
a bus;
b
a vehicle being used for police, ambulance or fire brigade purposes;
c
anything done at the direction or with the permission of a police constable in uniform, or of a traffic warden; or
d
a vehicle being used in connection with —
i
the removal of any obstruction to traffic in or near the Spur Road,
ii
the maintenance, improvement or reconstruction of the Spur Road or any adjoining road,
iii
the laying, erection, alteration or repair 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 Schedule 2 to the Telecommunications Act 1984 in or near the Spur Road, or
iv
the placing, maintenance or removal of any traffic sign in or near the Spur Road.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
14th March 1997


text:
Citation and commencement and application
1
1
These Regulations may be cited as the Education (Grants for Education Support and Training) (England) Regulations 1997 and shall come into force on 1st April 1997.
2
These Regulations apply in relation to local education authorities in England.
Interpretation
2
1
In these Regulations —
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“the 1996 Act ” means the Education Act 1996;
“the 1995 Order ” means the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995 ;
“approved expenditure” means any expenditure which is approved as provided in regulation 3 below;
“basic curriculum” has the meaning given to it in section 352 of the 1996 Act;
“classroom assistant” means an employee of an education authority or of the governing body of a school who is normally present in a classroom with a teacher and who assists the teacher;
“determine” means determine by notice in writing;
“education authority” means a local education authority;
“family literacy programmes” means programmes which enable parents to improve their own literacy skills whilst helping their children to read and write;
“grant” means a grant under these Regulations;
“key stage 2” means the second key stage referred to in section 355(1)(b) of the 1996 Act;
“maintained school” means a school maintained by an education authority;
“non-maintained special school” means a special school which is neither a maintained special school nor a grant-maintained special school;
“prescribed expenditure” means
expenditure by an education authority for or in connection with any of the purposes specified in paragraphs 1–15, 16(a) or 17–19 of the Schedule; or
expenditure by an education authority which satisfies the conditions specified in paragraph (2) below for or in connection with the purpose specified in paragraph 16(b) of the Schedule;
“relevant lender” means —
the Public Works Loan Board;
the Bank of England;
the European Investment Bank;
a body mentioned in any of paragraphs 1 to 17, or in paragraphs 28, 29 or 30, of Part II of the Schedule to the Local Authorities (Capital Finance) (Approved Investments) Regulations 1990 ;
an authorised institution (within the meaning of the Banking Act 1987 );
a building society (within the meaning of the Building Societies Act 1986 );
“specialist school” means a maintained school which specialises in —
mathematics, science and technology;
modern foreign languages;
the fine arts and performing arts; or
sport;
“standard task assessment” has the same meaning as in article 5 of the 1995 Order;
“teacher” means a person who by virtue of regulations relating to the employment of teachers from time to time in force under section 218 of the Education Reform Act 1988 is qualified to be employed as a teacher at a school of the kind described in subsection (12) of that section; and
“youth and community worker” means a person employed or working in a voluntary capacity in connection with the provision of facilities of a kind mentioned in sections 2(3)(b) and 508 of the 1996 Act other than a person undertaking duties that are solely administrative, secretarial, clerical or manual.
2
The conditions referred to in sub-paragraph (b) of the definition of “prescribed expenditure” in paragraph (1) above are that on 1st April 1997 the education authority —
a
has a credit ceiling, as determined under Part III of Schedule 3 to the 1989 Act which was nil or a negative amount; and
b
had no money outstanding by way of borrowing other than —
i
short-term borrowing (within the meaning of section 45(6) of the 1989 Act); or
ii
borrowing undertaken before 24th August 1995, other than borrowing by the issue of stock on or after 15th December 1993 from a person who is not a relevant lender.
Expenditure in respect of which grants are payable
3
Grants shall only be payable in respect of prescribed expenditure incurred or to be incurred in a financial year to the extent to which that expenditure is approved for that year by the Secretary of State for the purposes of these Regulations.
Grants in respect of payments to third parties
4
Where —
a
an education authority incurs expenditure in making payments, whether by way of maintenance, assistance or otherwise, to any other body or persons (including another education authority) who incur expenditure for or in connection with educational purposes, and
b
that expenditure of the recipient of the payments or any part thereof would be prescribed expenditure if it were expenditure of the authority,
such payments shall to that extent be treated as prescribed expenditure for the purposes of these Regulations.
Rate of Grant
5
1
Except as provided in paragraph (2) below, grants in respect of approved expenditure incurred on or after 1st April 1997 shall be payable at the rate of 60 per cent. of such expenditure.
2
Grants in respect of approved expenditure incurred by an education authority after 1st April 1997 in respect of items referred to in the paragraphs of the Schedule listed in the left hand column of the table below shall be paid at the percentage rate of such expenditure specified in relation thereto in the right hand column of the table.
TABLE
Paragraph in Schedule Rate (%)
12 100 13 75 16 100 17 80
Conditions for payment of grant
6
1
No payment of grant shall be made except in response to an application in writing from an education authority to the Secretary of State, authenticated by the officer of the authority responsible for the administration of their financial affairs or his deputy.
2
Applications for the payment of grant which relate to expenditure incurred on or after 1st April 1997 shall relate to expenditure over one or more of the periods specified in paragraph (3) below and shall specify the approved expenditure in respect of which grant is applied for which has been or which it is estimated will be incurred by the education authority during each such period.
3
The periods referred to in paragraphs (2), (4) and (6) of this regulation are —
a
1st April to 31st July;
b
1st August to 31st December;
c
1st January to 31st March.
4
Where an application relating to approved expenditure which has been or which it is estimated will be incurred during the period commencing on 1st January in any year is submitted under paragraph (1) above, such payment as the Secretary of State may determine but not exceeding three-quarters of the grant applied for in respect of that expenditure may be made forthwith, but no further payment of grant shall be made in respect of that expenditure until a statement has been submitted in accordance with paragraph (5)(a) below.
5
Each education authority that has received or seeks to receive a payment of grant in respect of expenditure incurred during any financial year shall, before 31st July in the following financial year or as soon as practicable after that date —
a
submit to the Secretary of State a statement which shall specify the approved expenditure in respect of which grant has been or is being applied for which has been incurred by the education authority during that year; and
b
secure the submission to the Secretary of State of a certificate signed by the auditor appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales to audit the accounts of the authority or any auditor qualified for such appointment by virtue of section 13(5), (5A) and (6) of the Local Government Finance Act 1982 certifying that in his opinion the particulars stated in the statement submitted by the authority pursuant to this paragraph are fairly stated and that the expenditure incurred was approved for the purposes of section 484 of the 1996 Act.
6
No payment of grant shall be made in respect of expenditure incurred by an education authority in the period beginning on 1st August in any year or any subsequent period if grant was paid to the authority in respect of expenditure in the previous financial year but the Secretary of State has not yet received the auditor’s certificate referred to in paragraph (5)(b) above for that year.
7
Any under-payment or over-payment of grant which remains outstanding following receipt of the auditor’s certificate referred to in paragraph (5)(b) above shall, without prejudice to the recovery of any over-payment from any subsequent payment of grant to the education authority, be adjusted by payment between the authority and the Secretary of State.
7
Where at the time of approving expenditure for the purposes of these Regulations, the Secretary of State requests information in respect of any purpose listed in the Schedule, payment of grant in respect of that purpose shall be conditional on that information being included in the education authority’s application for payment of grant.
8
1
The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment under these Regulations shall be dependent.
2
Where conditions have been determined under this regulation no grant shall be payable unless such conditions have either been fulfilled or been withdrawn under paragraph (3) below.
3
The Secretary of State may determine to withdraw or, after consulting the education authority, vary conditions determined under this regulation.
Requirements to be complied with
9
Any education authority to whom a payment of grant has been made shall, if so required by the Secretary of State, furnish her with such further information as may be required to enable her to verify that any grant paid has been properly paid under these Regulations.
10
1
Any education authority to whom a payment of grant has been made shall comply with such requirements as may be determined by the Secretary of State in the case in question.
2
Requirements determined under this regulation may include requirements as to —
a
the repayment of grant;
b
the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved —
i
with the aid of grant; or
ii
by any other body or persons referred to in regulation 4(a) above with the aid of payments made by the authority in respect of which grant has been paid; or
c
the payment of interest on sums due to the Secretary of State.
11
1
The Secretary of State may require any education authority to whom a payment of grant in respect of the items specified in paragraphs 1, 2(b), (c) or (d), 4, 5, 13, 14, 16 or 18 of the Schedule is made to delegate decisions about the spending of —
a
such grant, and
b
the amount allocated by the authority to meet the prescribed expenditure approved in accordance with regulation 3,
to the governing body of a maintained school.
2
The Secretary of State may determine to withdraw or, after consulting the education authority, vary requirements determined in pursuance of this regulation.
Amendment of the Education (Grants for Education Support and Training: Nursery Education) (England) Regulations 1996
12
1
The Education (Grants for Education Support and Training: Nursery Education) (England) Regulations 1996 shall be amended as follows.
2
In regulation 6(5)(b) for “1st April 1997” there shall be substituted “1st July 1997”.
Revocation and transitional provisions
13
1
The Education (Grants for Education Support and Training) (England) Regulations 1996 and the Education (Grants for Education Support and Training) (England) (Amendment) Regulations 1996 are hereby revoked.
2
Nothing in paragraph (1) above shall prevent the Secretary of State making payments of grant authorised by the Regulations revoked by that paragraph in respect of expenditure incurred on or before 31st March 1997 or affect any condition or requirement determined by or in accordance with any of those Regulations.
Robin Squire
Parliamentary Under-Secretary of State,
Department for Education and Employment
25th February 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Diamond Cable Communications (UK) 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 Statefor Small Firms, Trade and Industry,
Department of Trade and Industry
4th September 1997


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Gaming Duty Regulations 1997 and shall come into force on 1st October 1997.
Interpretation
2
In these Regulations —
“ the Act ” means the Finance Act 1997;
“duty” means gaming duty;
“gross gaming yield” has the meaning given in section 11(8) of the Act;
“quarter” means the first three months of an accounting period;
“registered provider” means a person who is, in accordance with section 12(2) of the Act, presumed to be the provider of premises.
PART II
PAYMENTS ON ACCOUNT
Application of Part II
3
The obligations imposed by this Part of these Regulations apply to any person who is a registered provider.
The obligation to make payments on account
4
For every quarter every registered provider shall make a payment on account of the duty that is likely to be chargeable on any premises of which he is the provider.
The amount
5
1
Subject to regulation 6 below, the amount of any payment on account of duty shall be calculated in accordance with this regulation.
2
The gross gaming yield for the quarter shall be calculated, treating the quarter as an accounting period.
3
The rates specified in the following Table shall be applied to the parts so specified of the gross gaming yield in that quarter from the premises and the results shall be aggregated.
4
That aggregate shall be the amount of the payment on account.
TABLE
Part of gross gaming yield Rate
The first £225,000 2 ½ per cent. The next £1,125,000 12 ½ per cent. The next £1,350,000 25 per cent. The remainder 33 ⅓ per cent.
Gaming that does not take place throughout a quarter
6
1
This regulation applies where dutiable gaming takes place on any premises during a quarter but that gaming does not take place throughout that quarter.
2
In any quarter the duration of the dutiable gaming shall be treated as being the number of days from the first day on which dutiable gaming took place in that quarter until the last day on which it took place, including both the first day and last day.
3
If dutiable gaming did not take place on the last day of the preceding accounting period the first day on which it shall be treated as taking place shall be the first day on which it actually took place.
4
In any other case the first day on which the dutiable gaming shall be treated as taking place shall be the first day of the quarter.
5
The dutiable gaming shall be treated as ceasing on the last day on which it actually took place.
6
For the purpose of determining the amount of the payment on account each of the parts of the gross gaming yield specified in the first column of the Table in regulation 5 above, other than the last, shall be reduced by multiplying that part by the duration of the dutiable gaming (determined in accordance with this regulation) and dividing the result by the number of days in the quarter.
PART III
GAMING THAT DOES NOT TAKE PLACE THROUGHOUT ANACCOUNTING PERIOD
Application of Part III
7
1
This Part of these Regulations applies where dutiable gaming takes place on any premises during an accounting period but that gaming does not take place throughout that period.
2
This Part of these Regulations does not apply to any case where section 11(3) of the Act applies.
The duration of the dutiable gaming
8
1
In any accounting period the duration of the dutiable gaming shall be treated as being the number of days from the first day on which dutiable-gaming took place in that period until the last day on which it took place, including both the first day and last day.
2
If dutiable gaming did not take place on the last day of the preceding accounting period the first day on which it shall be treated as taking place shall be the first day on which it actually took place.
3
In any other case the first day on which the dutiable gaming shall be treated as taking place shall be the first day of the accounting period.
4
The dutiable gaming shall be treated as ceasing on the last day on which it actually took place.
5
If the dutiable gaming ceased at any time between midnight and four o'clock in the morning of the last day on which it actually took place it shall be treated as having ceased on the day before that day.
The amount
9
For the purpose of determining the amount of duty which is to be charged on the premises each of the parts of the gross gaming yield specified in the first column of the Table in section 11 of the Act, other than the last, shall be reduced by multiplying that part by the duration of the dutiable gaming (determined in accordance with regulation 8 above) and dividing the result by the number of days in the accounting period.
PART IV
APPORTIONING THE LIABILITY FOR DUTY
Application of Part IV
10
This Part of these Regulations applies where during an accounting period the registered provider of any premises changes.
The apportionment
11
1
For any accounting period each registered provider —
a
shall be liable for the duty charged on the premises from the time that he first becomes a provider of the premises, and
b
shall cease to be liable for any further duty charged on the premises from the time that another person becomes the registered provider of the premises in substitution for him.
2
The amount of duty charged on the premises for which each registered provider is liable shall be determined in accordance with regulation 9 above; but the period for which each registered provider is liable shall be treated as the duration of the dutiable gaming.
PART V
DIRECTIONS
Directions as to the making of returns
12
The Commissioners shall give directions under paragraph 10 of Schedule 1 to the Act in a notice published by them and not withdrawn by a further notice.
Directions concerning premises
13
1
This regulation applies to any direction given under section 11(6) of the Act.
2
The Commissioners shall give any direction in writing to a person who appears to them to be a provider of the premises.
3
In the case of a registered provider, any direction shall be sent to him at his address shown in the gaming duty register.
4
In any other case, any direction shall be sent to a provider at one of the premises to which it relates.
5
A direction shall take effect from the first day of the next accounting period following the day on which it was given.
6
Subject to section 11(7) of the Act, a direction shall remain in force until it is revoked by the Commissioners.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
9th September 1997


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Infant Formula and Follow-on Formula (Amendment) Regulations 1997 and shall come into force on 31st March 1997.
2
In these Regulations “the principal Regulations ” means the Infant Formula and Follow-on Formula Regulations 1995 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended as follows —
a
in paragraph (2) of regulation 1 for the definition of “food authority” there shall be substituted the following —
“food authority” does not include —
the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change; or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
;
b
in paragraph (c) of regulation 3 after “14” there shall be inserted “, 14A”;
c
in sub-paragraph (c) of paragraph (1) of both regulation 5 and 6 for the words “the Food (Lot Marking) Regulations 1992” there shall be substituted the words “the Food (Lot Marking) Regulations 1996”;
d
in regulation 12 after the word “infants” there shall be inserted the words “and young children”;
e
in both sub-paragraph (e) of paragraph (1) of regulation 13 and sub-paragraph (d) of regulation 14 (which regulations deal, respectively, with the labelling of infant formulae and of follow-on formulae), after the word “carbohydrates” there shall be inserted the words “, expressed in numerical form,”;
f
in both sub-paragraph (f) of paragraph (1) of regulation 13 and sub-paragraph (e) of regulation 14, for the words “and carnitine” there shall be substituted the words “, carnitine and taurine, expressed in numerical form,”;
g
after paragraph (3) of regulation 13 there shall be inserted the following paragraph —
4
The labelling of an infant formula may include the average quantity of nutrients mentioned in Schedule 3 when such is not covered by the provisions of paragraph (1)(f) above, expressed in numerical form, per 100 millilitres of the product ready for use.
;
h
after regulation 14 there shall be inserted the following regulation —
14A
The labelling of a follow-on formula may include the average quantity of nutrients mentioned in Schedule 3 when such is not covered by the provisions of regulation 14(e), expressed in numerical form, per 100 millilitres of the product ready for use and, in addition, information on vitamins and minerals included in Schedule 8, expressed as a percentage of the reference values given in that Schedule, per 100 millilitres of the product ready for use, provided that the quantities present are at least equal to 15 per cent of the reference value.
;
i
after paragraph (2) of regulation 22 there shall be inserted the following paragraph —
3
Where an offence under these Regulations is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
;
j
in Schedule 1 (essential composition of infant formulae when reconstituted as instructed by the manufacturer) —
i
for the first sub-paragraph of paragraph 2 and sub-paragraphs 2.1 and 2.2 there shall be substituted the following —
Protein
2
(Protein content = nitrogen content × 6.38) for cows’ milk proteins.
(Protein content = nitrogen content × 6.25) for soya protein isolates and protein partial hydrolysates.
The “chemical index” shall mean the lowest of the ratios between the quantity of each essential amino acid of the test protein and the quantity of each corresponding amino acid of the reference protein.
2.1
Formulae manufactured from cows’ milk proteins
Minimum Maximum
0.45g/100 kJ 0.7g/100 kJ (1.8g/100 kcal) (3g/100 kcal)
For an equal energy value, the formula must contain an available quantity of each essential and semi-essential amino acid at least equal to that contained in the reference protein (breast milk, as defined in Schedule 5); nevertheless, for calculation purposes, the concentration of methionine and cystine may be added together.
2.2
Formulae manufactured from protein partial hydrolysates
Minimum Maximum
0.56 g/100 kJ 0.7g/100 kJ (2.25g/100 kcal) (3g/100 kcal)
For an equal energy value, the formula must contain an available quantity of each essential and semi-essential amino acid at least equal to that contained in the reference protein (breast milk, as defined in Schedule 5); nevertheless, for calculation purposes, the concentration of methionine and cystine may be added together.
The protein efficiency ratio ( PER ) and the net protein utilisation ( NPU ) must be at least equal to those of casein.
The taurine content shall be equal to at least 10 μmoles/100 kJ (42 μmoles/100 kcal) and the L-carnitine content shall be equal to at least 1.8 μmoles/100 kJ (7.5 μmoles/100 kcal).
;
ii
in paragraph 3 for the amounts “0.8g/100 kJ” and “(3.3g/100 kcal)” there shall be substituted the following amounts —
(Minimum)
1.05g/100 kJ (4.4g/100 kcal)
;
iii
in paragraph 3.1 the words “ — fats containing more than 8% trans isomers of fatty acids” shall be deleted;
iv
after paragraph 3.4 there shall be inserted the following paragraphs —
3.5
The alpha-linolenic acid content shall not be less than 12 mg/100 kJ (50 mg/100 kcal).
The linoleic/alpha-linolenic acid ratio shall not be less than 5 nor greater than 15.
3.6
The trans fatty acid content shall not exceed 4% of the total fat content.
3.7
The erucic acid content shall not exceed 1% of the total fat content.
3.8
Long chain (20 and 22 carbon atoms) polyunsaturated fatty acids ( LCP ) may be added. In that case their content shall not exceed:
1% of the total fat content for n-3 LCP, and
2% of the total fat content for n-6 LCP (1% of the total fat content for arachidonic acid)
The eicosapentaenoic acid (20:5 n-3) content shall not exceed that of docosahexaenoic (22:6 n-3) acid content.
;
v
in paragraph 5.1, after the entry relating to Iodine, there shall be inserted the following entry —
(per 100 kJ) (per 100 kcal) (minimum) (maximum) (minimum) (maximum)
Selenium (2) (μg) — 0.7 — 3
,
and after the first footnote to that paragraph there shall be inserted the following footnote —
2
Limit applicable to formulae with added selenium.
;
vi
in paragraph 6, for the entry relating to Nicotinamide there shall be substituted the following entry —
(per 100 kJ) (per 100 kcal) (minimum) (maximum) (minimum) (maximum)
Niacin (mg-NE) 0.2 — 0.8 —
;
vii
after paragraph 6 there shall be inserted the following paragraph —
7
The following nucleotides may be added:
maximum (mg/100 kJ) (mg/100 kcal)
*
The total concentration of nucleotides shall not exceed 1.2 mg/100 kJ (5 mg/100 kcal).
cytidine 5'-monophosphate 0.60 2.50 uridine 5'-monophosphate 0.42 1.75 adenosine 5'-monophosphate 0.36 1.50 guanosine 5'-monophosphate 0.12 0.50 inosine 5'-monophosphate 0.24 1.00
;
k
in Schedule 2 (essential composition of follow-on formulae when reconstituted as instructed by the manufacturer) —
i
in paragraph 2 —
aa
in the first sub-paragraph following the statement of minimum and maximum amounts, after the word “casein” there shall be inserted the words “or breast milk”;
bb
after the fourth such sub-paragraph there shall be inserted the following sub-paragraph —
For an equal energy value, these formulae must contain an available quantity of methionine at least equal to that contained in breast milk as defined in Schedule 5.
;
ii
in paragraph 3.1 the words “ — fats containing more than 8% trans isomers of fatty acids” shall be deleted;
iii
after paragraph 3.4 there shall be inserted the following paragraphs —
3.5
The trans fatty acid content shall not exceed 4% of the total fat content.
3.6
The erucic acid content shall not exceed 1% of the total fat content.
;
iv
after paragraph 6 there shall be inserted the following paragraph —
7
The following nucleotides may be added:
maximum (mg/100 kJ) (mg/100 kcal)
*
The total concentration of nucleotides shall not exceed 1.2 mg/100 kJ (5 mg/100 kcal).
cytidine 5'-monophosphate 0.60 2.50 uridine 5'-monophosphate 0.42 1.75 adenosine 5'-monophosphate 0.36 1.50 guanosine 5'-monophosphate 0.12 0.50 inosine 5'-monophosphate 0.24 1.00
;
l
in Schedule 3 (nutritional substances) —
i
in section 2 (mineral substances), after the entry relating to Potassium, there shall be inserted the following entry —
(Mineral substances) (Permitted salts)
Selenium (Se) Sodium selenate Sodium selenite;
ii
in section 3 (amino acids and other nitrogen compounds), after the item “taurine”, there shall be inserted the following items —
Cytidine 5'-monophosphate and its sodium salt
Uridine 5'-monophosphate and its sodium salt
Adenosine 5'-monophosphate and its sodium salt
Guanosine 5'-monophosphate and its sodium salt
Inosine 5'-monophosphate and its sodium salt
;
m
in Schedule 4 (compositional criteria for infant formulae, warranting a corresponding claim), after entry number 6, there shall be added the following entry —
(Claim related to) (Conditions warranting the claim)
7
Reduction of risk to allergy to milk proteins. This claim may include terms referring to reduced allergen or reduced antigen properties.
a
The formulae shall satisfy the provisions laid down in paragraph 2.2 of Schedule 1 and the amount of immunoreactive protein measured with methods generally acceptable as appropriate shall be less than 1% of nitrogen-containing substances in the formulae;
b
the label shall indicate that the product must not be consumed by infants allergic to the intact proteins from which it is made unless generally accepted clinical tests provide proof of the formulae’s tolerance in more than 90% of infants (confidence interval 95%) hypersensitive to proteins from which the hydrolysate is made;
c
the formulae administered orally should not induce sensitisation, in animals, to the intact proteins from which the formulae are derived;
d
objective and scientifically verified data as proof to the claimed properties must be available.
;
n
after Schedule 7 (the mineral elements in cows’ milk) there shall be inserted the following Schedule —
SCHEDULE 8
REFERENCE VALUES FOR NUTRITION LABELLING FOR FOODS INTENDED FOR INFANTS AND YOUNG CHILDREN
Regulation 14A
Nutrient Labelling reference value
Vitamin A (μg) 400 Vitamin D (μg) 10 Vitamin C (mg) 25 Thiamin (mg) 0.5 Riboflavin (mg) 0.8 Niacin equivalents (mg) 9 Vitamin B6 (mg) 0.7 Folate (μg) 100 Vitamin B12 (μg) 0.7 Calcium (mg) 400 Iron (mg) 6 Zinc (mg) 4 Iodine (μg) 70 Selenium (μg) 10 Copper (mg) 0.4
Transitional provision
3
In any proceedings in respect of any sale or export before 31st March 1999 which is alleged to constitute a contravention of regulation 2, 3, 5, 6 or 7 of the principal Regulations the defendant shall not be convicted of an offence under regulation 22 of the principal Regulations if that sale or export would not have been a contravention of regulation 2, 3, 5, 6 or 7, as appropriate, of the principal Regulations before amendment by these Regulations.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
24th February 1997
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
21st February 1997
Signed by authority of the Secretary of State for Wales:
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
20th February 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
19th February 1997


text:
1
This Order may be cited as the Education (Recognised Bodies) Order 1997 and shall come into force on 5th February 1997.
2
The bodies which are specified in the Schedule to this Order are hereby designated as bodies which appear to the Secretary of State to be recognised bodies.
3
The Education (Recognised Bodies) Order 1993 is hereby revoked.
Gillian Shephard
Secretary of State for Education and Employment
13th January 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Scottish Power Telecommunications 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 Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1997 Revocation Order 1997 and shall come into force at 1800 hours on 6th August 1997.
Revocation
2
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1997 is revoked.
David R Dickson
Assistant Secretary, Scottish Office
Pentland House Edinburgh
6th August 1997


text:
Commencement and citation
1
This Order may be cited as The A4 Trunk Road (Hounslow and Hammersmith & Fulham) Red Route (Clearway) Traffic Order 1997, and shall come into force on 17th November 1997.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route 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.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of 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
The controls specified in paragraph (1) of this article do not apply in respect of any area of the trunk road red route clearway specified in schedule 2.
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) 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) 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 Hounslow (Waiting and Loading Restriction) Order 1977 and the Hammersmith & Fulham (Waiting and Loading Restrictions) Order 1993 is hereby revoked, in so far as their 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 Hounslow (Waiting and Loading Restriction) Order 1977 or the Hammersmith & Fulham (Waiting and Loading Restrictions) Order 1993 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
TRO 325
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
3rd November 1997


text:
1
This Order may be cited as the Immigration (Exemption from Control) (Amendment) (No. 2) Order 1997 and shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, 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 enters into force.
2
In this Order “the Principal Order ” means the Immigration (Exemption from Control) Order 1972 .
3
In Article 4 of the principal Order (which exempts certain persons from any provision of the Immigration Act 1971 relating to those who are not British Citizens except any provision relating to deportation), for paragraph (m) there shall be substituted the following paragraphs:
m
i
Any member or servant of the Independent International Commission on Decommissioning (“the Commission”) established under an Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Ireland concluded on 26th August 1997,
ii
in sub-paragraph (i) above, “servant” includes any agent of or person carrying out work for or giving advice to the Commission,
n
any member of the family of a person exempted under any of the preceding paragraphs forming part of his household.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
10th September 1997


text:
1
This Order may be cited as the Crime (Sentences) Act 1997 (Commencement) (No. 1) Order 1997.
2
Paragraphs 14 and 19 of Schedule 1 to the Crime (Sentences) Act 1997 shall come into force on 25th June 1997.
Joyce Quinn
Minister of State
Home Office
23rd June 1997


text:
Title and commencement
1
This Order may be cited as the Food (Pistachios from Iran) (Emergency Control) (Amendment) Order 1997 and shall come into force on 23rd December 1997.
Amendment of previous Order
2
The Food (Pistachios from Iran) (Emergency Control) Order 1997 shall be amended by the insertion at the end of article 2(1) (prohibition of import) of the words “except in accordance with the conditions in Article 2 of Commission Decision 97/830/ EC of 11th December 1997 repealing Commission Decision 97/613 and imposing special conditions on the import of pistachios and certain products derived from pistachios originating in, or consigned from, Iran ”.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
22nd December 1997


text:
Part I
INTRODUCTION
Citation and commencement
1
1
This Order may be cited as the Social Security Benefits Up-rating Order 1997.
2
Subject to paragraphs (3) and (4) of this article, this Order shall come into force for the purposes of —
a
articles 1, 2, 6, 22 and 27, on 1st April 1997;
b
article 8, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1st April 1997, and for the purpose of this sub-paragraph,“benefit week” has the same meaning as in the Computation of Earnings Regulations ;
c
articles 9 and 10, on 6th April 1997;
d
articles 3 to 5, 7, 11, 12 and 13, on 7th April 1997;
e
articles 14 and 15, on 10th April 1997;
f
articles 16, 17 and 26, on 8th April 1997;
g
articles 18, 19 and 20, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 7th April 1997, and for the purpose of this and the next following sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations ;
h
article 21(6), in so far as the sums specified are relevant for the purposes of paragraph 17(2)(a) of Schedule 3 to the Income Support Regulations or paragraph 16(2)(a) of Schedule 2 to the Jobseeker’s Allowance Regulations , on the first day of the first benefit week to commence for the beneficiary on or after 7th April 1997;
i
article 21, except in a case to which sub-paragraph (g) of this paragraph applies, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 7th April 1997, and in relation to any other case, on 1st April 1997;
j
articles 23, 24, and 25, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 7th April 1997, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations.
3
The increases made —
a
in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act ; and
b
by article 23(c) of this Order in so far as it is relevant for the purposes referred to in article 6(11) of this Order,
shall take effect for each case on the date specified in relation to that case in article 6 of this Order.
4
To the extent that any provision of this Order is due to come into force on the same day as any provision of the Regulations listed in paragraph (5) of this article, this Order shall come into force immediately after those Regulations.
5
The Regulations referred to in paragraph (4) above are —
a
The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 ;
b
The Social Security (Non-Dependant Deductions) Regulations 1996 ; and
c
The Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 .
Interpretation
2
In this Order, unless the context otherwise requires —
“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996 ;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“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 ; and
“the Pension Schemes Act” means the Pension Schemes Act 1993 .
Part II
SOCIAL SECURITY BENEFITS AND PENSIONS
Increase in rates or amounts of certain benefits under the Contributions and Benefits Act
3
1
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below so as to have effect as set out in Schedule 1 to this Order.
2
The sums mentioned in paragraph (1) above are the sums specified in Parts I, III , IV and V of Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except in Part III the sum specified for age addition to a pension of any category, and otherwise under section 79 of that Act.
Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act
4
1
The sums specified in paragraphs (2), (3) and (4) below shall be increased from and including the respective dates specified in article 6 below.
2
The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 2.1 per cent. of their amount apart from this Order.
3
In section 44(4) of the Contributions and Benefits Act (basic pension in a Category A retirement pension) —
a
for the sum of £58.65 there shall be substituted the sum of £59.90; and
b
for the sum of £61.15 there shall be substituted the sum of £62.45.
4
It is hereby directed that the sums which are —
a
the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 1996-97;
b
the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (increase of pension where entitlement is deferred); and
c
payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 , section 63 of the Social Security Act 1986 , or section 150(1)(e) of the Social Security Administration Act 1992 ,
shall in each case be increased by 2.1 per cent. of their amount apart from this Order.
Increase in rates or amounts of certain benefits under the Pension Schemes Act
5
1
It is hereby directed that the sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.
2
Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) and (3) of that Act), shall be increased by 2.1 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years .
Dates on which sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order
6
1
Paragraphs (2) to (9) of this article, which are subject to the provisions of paragraphs (10) and (11) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act, shall take effect for each case.
2
Subject to paragraph (3) below, the increases in the sums specified in articles 3, 4 and 11 of this Order for the rates of Category A or Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 7th April 1997.
3
In the case of a person over pensionable age whose entitlement to a Category A retirement pension is deferred and for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act, the increases in the sums mentioned in articles 3, 4 and 11 of this Order for Category A and Category B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependants) shall take effect on 10th April 1997.
4
The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 7th April 1997.
5
The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and Category D retirement pension, child’s special allowance , attendance allowance, invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), together with, in each case where appropriate, increases for dependants, and guardian’s allowance shall in all cases take effect on 7th April 1997.
6
The increases in the sums specified for the rate of invalid care allowance in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday together with, where appropriate, increases for dependants, disablement benefit together with increases of disablement pension, maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act, industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children together with, where appropriate, increases for dependants, and the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act, shall in all cases take effect on 9th April 1997.
7
In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 48C(2) of the Contributions and Benefits Act by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled the increase in such sum shall take effect on 7th April 1997.
8
The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, increases for dependants) shall take effect in all cases on 10th April 1997.
9
The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 9th April 1997.
10
In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Social Security Administration Act 1992 (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) of this Order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those regulations takes effect.
11
The increases in the sums specified in articles 3 and 23(c) of this Order, in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount , shall take effect —
a
except in a case where sub-paragraph (b) below applies, on the first day of the first benefit week to commence for the beneficiary on or after 7th April 1997;
b
in a case where regulation 7(b) of the Computation of Earnings Regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st April 1997,
and for the purposes of this paragraph “benefit week” has the same meaning as in the Computation of Earnings Regulations.
Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948
7
In Schedule 8 to the Contributions and Benefits Act the sum of £36.60 referred to in paragraph 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and paragraph 6(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 9th April 1997 for that sum in paragraph 2(6)(c), and from and including 10th April 1997 for that sum in paragraph 6(2)(b), there shall be substituted the sum of £37.35.
Earnings Limits
8
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) —
a
for the sum of £130 in paragraphs (a) and (b) there shall be substituted the sum of £135; and
b
the first sum specified in paragraph (b) is £17.
Statutory Sick Pay
9
In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for the sum of £54.55 there shall be substituted the sum of £55.70.
Statutory Maternity Pay
10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (lower rate of statutory maternity pay) for the sum of £54.55 there shall be substituted the sum of £55.70.
Increase in rate of graduated retirement benefit
11
1
In the National Insurance Act 1965 the sum of 7.94 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 2.1 per cent.; and from and including 7th April 1997 the reference in that provision to that sum shall have effect as a reference to 8.11 pence.
2
The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978 (increases for deferred retirement) shall be increased by 2.1 per cent. of their amount apart from this Order.
3
The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 2.1 per cent. of their amount apart from this Order.
Increase in rates of Disability Living Allowance
12
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 (rate of benefit) —
a
in paragraph (1)(a), for the sum of £48.50 there shall be substituted the sum of £49.50;
b
in paragraph (1)(b), for the sum of £32.40 there shall be substituted the sum of £33.10;
c
in paragraph (1)(c), for the sum of £12.90 there shall be substituted the sum of £13.15;
d
in paragraph (2)(a), for the sum of £33.90 there shall be substituted the sum of £34.60; and
e
in paragraph (2)(b), for the sum of £12.90 there shall be substituted the sum of £13.15.
Sum specified for child benefit
13
In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rates of child benefit) —
a
in sub-paragraph (a)(i), for the sum of £10.80 there shall be substituted the sum of £11.05;
b
in sub-paragraph (a)(ii), the sum specified is £17.10; and
c
in sub-paragraph (b), for the sum of £8.80 there shall be substituted the sum of £9.00.
Increase in rates of age addition to long-term incapacity benefit
14
In the Social Security (Incapacity Benefit) Regulations 1994 , in regulation 10(2) —
a
in sub-paragraph (a), for the sum of £12.90 there shall be substituted the sum of £13.15; and
b
in sub-paragraph (b), for the sum of £6.45 there shall be substituted the sum of £6.60.
Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases
15
In the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 , in regulation 18(2) —
a
in sub-paragraph (a), for the sum of £12.90 there shall be substituted the sum of £13.15;
b
in sub-paragraph (b), for the sum of £8.10 there shall be substituted the sum of £8.30; and
c
in sub-paragraph (c), for the sum of £4.05 there shall be substituted the sum of £4.15.
Part III
FAMILY CREDIT, DISABILITY WORKING ALLOWANCE, INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Family Credit
16
In the Family Credit Regulations —
a
in regulation 46(4) (determination of appropriate maximum family credit) the capital sum prescribed is £3,000;
b
in regulation 46(4), (5) and (6), the amount specified for the credit in respect of a child or young person is NIL;
c
in regulation 47(1) (applicable amount), for the sum of £75.20 there shall be substituted the sum of £77.15; and
d
in Schedule 4 (determination of maximum family credit), the sums prescribed shall be as set out in Schedule 2 to this Order.
Disability Working Allowance
17
In the Disability Working Allowance Regulations —
a
in regulation 51(4) (determination of appropriate maximum disability working allowance) the capital sum prescribed is £3,000;
b
in regulation 51(4), (5) and (6), the amount specified for the allowance in respect of a child or young person is NIL;
c
in regulation 52(1) (applicable amount) —
i
in sub-paragraph (a), for the sum of £56.40 there shall be substituted the sum of £57.85;
ii
in sub-paragraph (b), for the sum of £75.20 there shall be substituted the sum of £77.15; and
d
in Schedule 5 (determination of appropriate maximum disability working allowance) the sums prescribed shall be as set out in Schedule 3 to this Order.
Applicable amounts for Income Support
18
1
The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and Schedules 4 to 8 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Income Support Regulations bearing that number.
2
In regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraph 14(a) of Part III of Schedule 2, and in paragraph 1(2) of Part I of Schedule 4, the sum specified is in each case £3,000.
3
Subject to paragraph (4) of this article, the sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 4 to this Order.
4
In paragraph 2 of Schedule 2 as it has effect by virtue of regulation 10(1) of the Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (transitional provisions) —
a
in sub-paragraph (b) for the sum of £24.10 there shall be substituted the sum of £24.75;
b
in sub-paragraph (c) for the sum of £28.85 there shall be substituted the sum of £29.60; and
c
in sub-paragraph (d) for the sum of £37.90 there shall be substituted the sum of £38.90.
5
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (a) the sum specified is £15.75; and
b
in sub-paragraph (b) for the sum of £10.55 there shall be substituted the sum of £10.80.
6
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 5 to this Order.
7
In paragraph 18(1) of Schedule 3 (housing costs: non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £32.00 there shall be substituted the sum of £33.00; and
b
in sub-paragraph (b) for the sum of £6.00 there shall be substituted the sum of £7.00.
8
In paragraph 18(2) of Schedule 3 (non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £76.00 there shall be substituted the sum of £78.00;
b
in sub-paragraph (b) for the sums £76.00, £114.00 and £12.00 there shall be substituted the sums £78.00, £116.00 and £13.00 respectively; and
c
in sub-paragraph (c) for the sums £114.00, £150.00 and £16.00 there shall be substituted the sums £116.00, £152.00 and £17.00 respectively.
9
In paragraph 6(2) of Schedule 4, for the sum of £234.00 there shall be substituted the sum of £240.00 and, subject to paragraph (2) of this article, those other sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be as set out in Schedule 6 to this Order.
10
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be as set out in Schedule 7 to this Order.
11
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 8 to this Order are the sums set out in column (2) of that Schedule.
Income Support Transitional Protection
19
Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 shall be increased by 2.6 per cent. of their amount apart from this Order.
The Relevant Sum for Income Support
20
In section 126(7) of the Contributions and Benefits Act (trade disputes: the relevant sum) the substituted sum is £26.50.
Applicable amounts for Housing Benefit
21
1
As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 9 and 10 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Housing Benefit Regulations bearing that number.
2
In regulations 16(b), 17(c) and paragraph 14(a) of Part III of Schedule 2 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 18(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii), for the sum of £15.30 there shall be substituted the sum of £15.60 in each case;
b
in sub-paragraphs (c)(i) and (d)(i), for the sum of £12.25 there shall be substituted the sum of £12.50 in each case; and
c
in sub-paragraph (c)(ii), for the sum of £30.60 there shall be substituted the sum of £31.20.
4
In regulation 63 (non-dependant deductions) —
a
in paragraph (1)(b) for the sum of £6.00 there shall be substituted the sum of £7.00;
b
in paragraph (2)(a) for the sum of £76.00 there shall be substituted the sum of £78.00;
c
in paragraph (2)(b) for the sums £76.00, £114.00 and £12.00 there shall be substituted the sums £78.00, £116.00 and £13.00 respectively;
d
in paragraph (2)(c) for the sums £114.00, £150.00 and £16.00 there shall be substituted the sums £116.00, £152.00 and £17.00 respectively; and
e
in paragraph (2)(d) for the sums £150.00 and £32.00 there shall be substituted the sums £152.00 and £33.00 respectively.
5
In paragraph 1A of Part I of Schedule 1 (ineligible service charges), for the sums £17.10, £17.10, £8.65, £11.35, £11.35, £5.70 and £2.05 there shall be substituted the sums £17.55, £17.55, £8.85, £11.65, £11.65, £5.85 and £2.10 respectively.
6
In paragraph 5(2) of Part II of Schedule 1 (payments in respect of fuel charges), the sums specified are £9.25, £1.15, £0.80 and £1.15 respectively.
7
Subject to paragraph (8) of this article, the sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 9 to this Order.
8
In paragraph 2 of Schedule 2 as it has effect by virtue of regulation 10(1) of the Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (transitional provisions) —
a
in sub-paragraph (b) for the sum of £24.10 there shall be substituted the sum of £24.75;
b
in sub-paragraph (c) for the sum of £28.85 there shall be substituted the sum of £29.60; and
c
in sub-paragraph (d) for the sum of £37.90 there shall be substituted the sum of £38.90.
9
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (a) the sum specified is £22.05; and
b
in sub-paragraph (b) for the sum of £10.55 there shall be substituted the sum of £10.80.
10
The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be as set out in Schedule 10 to this Order.
Applicable amounts for Council Tax Benefit
22
1
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 11 and 12 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Council Tax Benefit Regulations bearing that number.
2
In regulations 8(b), 9(c) and paragraph 15(a) of Part III of Schedule 1 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 10(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii), for the sum of £15.30 there shall be substituted the sum of £15.60 in each case;
b
in sub-paragraphs (c)(i) and (d)(i), for the sum of £12.25 there shall be substituted the sum of £12.50 in each case; and
c
in sub-paragraph (c)(ii), for the sum of £30.60 there shall be substituted the sum of £31.20.
4
In regulation 52 (non-dependant deductions) —
a
in paragraph (1)(b) for the sum of £1.30 there shall be substituted the sum of £1.50.
b
in paragraph (2)(a) for the sum of £114.00 there shall be substituted the sum of £116.00; and
c
in paragraph (2)(b) for the sums £114.00 and £2.60 there shall be substituted the sums £116.00 and £3.00 respectively.
5
Subject to paragraph (6) of this article, the sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 11 to this Order.
6
In paragraph 2 of Schedule 1 as it has effect by virtue of regulation 10(1) of the Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (transitional provisions) —
a
in sub-paragraph (b) for the sum of £24.10 there shall be substituted the sum of £24.75;
b
in sub-paragraph (c) for the sum of £28.85 there shall be substituted the sum of £29.60; and
c
in sub-paragraph (d) for the sum of £37.90 there shall be substituted the sum of £38.90.
7
In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (a) the sum specified is £22.05; and
b
in sub-paragraph (b) for the sum of £10.55 there shall be substituted the sum of £10.80.
8
The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 12 to this Order.
9
In column (1) of the Table in paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) for the sums £114.00, £114.00 and £150.00 there shall be substituted the sums £116.00, £116.00 and £152.00 respectively.
Part IV
JOBSEEKER'S ALLOWANCE
Increase in age-related amount of contribution-based Jobseeker’s Allowance
23
In regulation 79(1) of the Jobseeker’s Allowance Regulations (weekly amounts of contribution-based jobseeker’s allowance) —
a
in sub-paragraph (a) for the sum of £28.85 there shall be substituted the sum of £29.60;
b
in sub-paragraph (b) for the sum of £37.90 there shall be substituted the sum of £38.90; and
c
in sub-paragraph (c) for the sum of £47.90 there shall be substituted the sum of £49.15.
Applicable amounts for Jobseeker’s Allowance
24
1
The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations shall be the sums set out in the following provisions of this article and Schedules 13 to 17 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Jobseeker’s Allowance Regulations bearing that number.
2
In regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraph 16(a) of Part III of Schedule 1, and in paragraph 1(2) of Schedule 4, the sum specified is in each case £3,000.
3
Subject to paragraph (4) of this article, the sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 13 to this Order.
4
In paragraph 2 of Schedule 1 as it has effect by virtue of regulation 10(1) of the Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 (transitional provisions) —
a
in sub-paragraph (b) for the sum of £24.10 there shall be substituted the sum of £24.75;
b
in sub-paragraph (c) for the sum of £28.85 there shall be substituted the sum of £29.60; and
c
in sub-paragraph (d) for the sum of £37.90 there shall be substituted the sum of £38.90.
5
In paragraph 4 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (a) the sum specified is £15.75; and
b
in sub-paragraph (b) for the sum £10.55 there shall be substituted the sum £10.80.
6
The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 14 to this Order.
7
In paragraph 17(1) of Schedule 2 (housing costs: non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £32.00 there shall be substituted the sum of £33.00; and
b
in sub-paragraph (b) for the sum of £6.00 there shall be substituted the sum of £7.00.
8
In paragraph 17(2) of Schedule 2 (non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £76.00 there shall be substituted the sum of £78.00;
b
in sub-paragraph (b) for the sums £76.00, £114.00 and £12.00 there shall be substituted the sums £78.00, £116.00 and £13.00 respectively; and
c
in sub-paragraph (c) for the sums £114.00, £150.00 and £16.00 there shall be substituted the sums £116.00, £152.00 and £17.00 respectively.
9
Subject to paragraph (2) of this article, those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be as set out in Schedule 15 to this Order.
10
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5 (applicable amounts in special cases) shall be as set out in Schedule 16 to this Order.
11
The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 17 to this Order are the sums set out in column (2) of that Schedule.
The Prescribed Sum for Jobseeker’s Allowance
25
In regulation 172 of the Jobseeker’s Allowance Regulations (trade disputes: prescribed sum) the substituted sum is £26.50.
Part V
TRANSITIONAL PROVISIONS AND REVOCATIONS
Transitional Provisions
26
Notwithstanding the increases of the sums payable in respect of family credit and disability working allowance made by articles 16 and 17 of this Order, where a period of entitlement to family credit or disability working allowance is running at 8th April 1997, the rate at which it is payable shall be the weekly rate in force for the period prior to 8th April 1997, until the end of the period of entitlement.
Revocations
27
The Social Security Benefits Up-rating Order 1996 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Minister of State,
Department of Social Security
24th February 1997
We consent,
Richard Ottaway
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
26th February 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Industrial Inju ries) (Miscellaneous Amendments) Regulations 1997 and shall come into force on 9th April 1997.
2
In these Regulations —
a
“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1995 ;
b
“the Prescribed Diseases Regulations ” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 .
Amendment of regulation 46 of the Adjudication Regulations
2
In regulation 46(1) of the Adjudication Regulations (procedure on receipt of medical report) after the words “of paragraph (4)” there shall be inserted the words “and of regulation 47(1)”.
Amendment of regulation 47 of the Adjudication Regulations
3
In regulation 47 of the Adjudication Regulations (restriction of adjudication officer’s power to determine diagnosis and recrudescence questions) for paragraph (1) there shall be substituted the following paragraph —
1
Where a diagnosis or recrudescence question is referred to one or more medical practitioners for report under regulation 45(1) and they consider that a disablement question arises they shall refer the diagnosis or recrudescence question and the diablement question to an adjudicating medical authority.
.
Insertion of regulation 48A into the Adjudication Regulations
4
After regulation 48 of the Adjudication Regulations (appeal against decision of adjudication officer) there shall be inserted the following regulation —
Powers of adjudicating medical authority upon determining the question referred
48A
Where a diagnosis or recrudescence question is referred to an adjudicating medical authority, that authority upon determining the question referred —
a
may proceed to determine any diagnosis or recrudescence question which arises in connection therewith and any disablement question which arises in consequence thereof; and
b
if it is determined that the disease is a recrudescence of an attack to which an earlier decision of an adjudicating medical authority or a medical appeal tribunal relates, may proceed to review that earlier decision under the provisions of section 47(4) of the Administration Act.
.
Amendment of regulation 20 of the Prescribed Diseases Regulations
5
In regulation 20 of the Prescribed Diseases Regulations (special conditions for disablement benefit for pneumoconiosis, byssinosis and diffuse mesothelioma) after paragraph (3) there shall be added the following paragraph —
4
On a claim for disablement pension in respect of diffuse mesothelioma —
a
section 103(6) of the Social Security Contributions and Benefits Act 1992 shall apply as if for the words “after the expiry of the period of 90 days (disregarding Sundays) beginning with the day of the relevant accident”, there were substituted the words, “the day on which he first suffers from a loss of faculty due to diffuse mesothelioma”;
b
paragraph 6(1) of Schedule 6 to the Social Security Contributions and Benefits Act 1992 shall apply as if the words “beginning not earlier than the end of the period of 90 days referred to in section 103(6) above and in paragraph 9(3) of that Schedule and” were omitted.
.
Amendment of Schedule 1 to the Prescribed Diseases Regulations
6
1
Part I of Schedule 1 to the Prescribed Diseases Regulations (list of prescribed diseases and the occupations for which they are prescribed), shall be amended in accordance with the following paragraphs of this regulation.
2
In column 2 for the entry relating to disease D3 (diffuse mesothelioma) there shall be substituted the following entry —
Exposure to asbestos, asbestos dust or any admixture of asbestos at a level above that commonly found in the environment at large.
.
3
In column 1 of the entry relating to disease D8 (primary carcinoma of the lung etc. ) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
unilateral or bilateral diffuse pleural thickening extending to a thickness of 5mm or more at any point within the area affected as measured by a plain chest radiograph (not being a computerised tomography scan or other form of imaging) which —
i
in the case of unilateral diffuse pleural thickening, covers 50% or more of the area of the chest wall of the lung affected; or
ii
in the case of bilateral diffuse pleural thickening, covers 25% or more of the combined area of the chest wall of both lungs.
.
4
In column 1 for the entry relating to disease D9 (bilateral diffuse pleural thickening) there shall be substituted the following entry —
D9
Unilateral or bilateral diffuse pleural thickening extending to a thickness of 5mm or more at any point within the area affected as measured by a plain chest radiograph (not being a computerised tomography scan or other form of imaging) which —
i
in the case of unilateral diffuse pleural thickening, covers 50% or more of the area of the chest wall of the lung affected; or
ii
in the case of bilateral diffuse pleural thickening, covers 25% or more of the combined area of the chest wall of both lungs.
.
5
For the entry relating to disease D12 (chronic bronchitis and emphysema) there shall be substituted the following entry —
D12
Except in the circumstances specified in regulation 2(d) —
a
chronic bronchitis; or
b
emphysema; or
c
both,
where there is accompanying evidence of a forced expiratory volume in one second (measured from the position of maximum inspiration with the claimant making maximum effort) which is —
i
at least one litre below the mean value predicted in accordance with “Lung Function: Assessment and Application in Medicine” by J E Cotes, 5th Edition 1994 published at Oxford by Blackwell Scientific Publications Limited ( ISBN 0-632-03926-9) for a person of the claimant’s age, height and sex; or
ii
less than one litre.
Exposure to coal dust by reason of working underground in a coal mine for a period or periods amounting in aggregate to at least 20 years (whether before or after 5th July 1948) and any such period or periods shall include a period or periods of incapacity while engaged in such an occupation.
.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
13th March 1997


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


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Adjudication) and Commissioners Procedure and Child Support Commissioners (Procedure) Amendment Regulations 1997 and shall come into force on 28th April 1997.
2
In these Regulations —
“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1995 ;
“the Child Support Commissioners Procedure Regulations ” means the Child Support Commissioners (Procedure) Regulations 1992 ;
“the Commissioners Procedure Regulations ” means the Social Security Commissioners Procedure Regulations 1987 .
Amendment of regulation 1 of the Adjudication Regulations
2
In paragraph (2) of regulation 1 of the Adjudication Regulations (citation, commencement and interpretation) there shall be inserted after the definition of “disability question” the following definition —
“full statement of the tribunal’s decision” means the statement referred to in regulations 23(3A), 29(6A) and 38(5A);
.
Amendment of regulation 24 of the Adjudication Regulations
3
1
Regulation 24 of the Adjudication Regulations (application for leave to appeal to a Commissioner from an appeal tribunal) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (1) there shall be substituted the following paragraph —
1
Subject to the following provisions of this regulation, an application to the chairman of an appeal tribunal for leave to appeal to a Commissioner from a decision of an appeal tribunal shall —
a
be made in accordance with regulation 3 and Schedule 2; and
b
have annexed to it a copy of the full statement of the tribunal’s decision.
.
3
In paragraph (3) the words “made under paragraph (1)(a) shall be recorded in the record of the proceedings of the tribunal, and on an application under paragraph (1)(b)” shall be omitted.
Amendment of regulation 32 of the Adjudication Regulations
4
For paragraph (1) of regulation 32 of the Adjudication Regulations (application for leave to appeal to a Commissioner from a disability appeal tribunal) there shall be substituted the following paragraph —
1
Subject to the following provisions of this regulation, an application to the chairman of a disability appeal tribunal for leave to appeal to a Commissioner from a decision of a disability appeal tribunal shall —
a
be made in accordance with regulation 3 and Schedule 2; and
b
have annexed to it a copy of the full statement of the tribunal’s decision.
.
Amendment of regulation 39 of the Adjudication Regulations
5
For paragraph (1) of regulation 39 of the Adjudication Regulations (application for leave to appeal to a Commissioner from a medical appeal tribunal) there shall be substituted the following paragraph —
1
Subject to the following provisions of this regulation, an application to the chairman of a medical appeal tribunal for leave to appeal to a Commissioner from a decision of a medical appeal tribunal shall —
a
be made in accordance with regulation 3 and Schedule 2; and
b
have annexed to it a copy of the full statement of the tribunal’s decision.
.
Amendment of Schedule 2 to the Adjudication Regulations
6
1
Schedule 2 to the Adjudication Regulations (time limits for making applications, appeals or references) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 7, in column (3), for the words “a copy of the record of the decision was given to the applicant” there shall be substituted the words “a copy of the full statement of the tribunal’s decision was given or sent to the applicant”.
3
In paragraph 8, in column (3), for the words “a copy of the record of the decision was given to the applicant” there shall be substituted the words “a copy of the full statement of the tribunal’s decision was given or sent to the applicant”.
4
In paragraph 9, in column (3), for the words “a copy of the record of the decision was given to the applicant” there shall be substituted the words “a copy of the full statement of the tribunal’s decision was given or sent to the applicant”.
Amendment of regulation 2 of the Commissioners Procedure Regulations
7
In regulation 2 of the Commissioners Procedure Regulations (interpretation) there shall be inserted after the definition of “forfeiture rule question” the following definition —
“full statement of the tribunal’s decision” has the same meaning as in the Social Security (Adjudication) Regulations 1995 ;
.
Amendment of regulation 4 of the Commissioners Procedure Regulations
8
1
Regulation 4 of the Commissioners Procedure Regulations (notice of application to a Commissioner for leave to appeal) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), for the words “a copy of the decision against which leave to appeal is being sought” there shall be substituted the words “a copy of the full statement of the tribunal’s decision against which leave to appeal is being sought”.
3
In paragraph (2), the words “, otherwise than by a decision recorded in the record of the proceedings of the tribunal,” shall be omitted.
Amendment of regulation 6 of the Commissioners Procedure Regulations
9
In regulation 6 of the Commissioners Procedure Regulations (notice of appeal) there shall be substituted for the word “decision” the words “full statement of the tribunal’s decision”.
Amendment of regulation 1 of the Child Support Commissioners Procedure Regulations
10
In paragraph (2) of regulation 1 of the Child Support Commissioners Procedure Regulations (citation, commencement and interpretation) after the definition of “Commissioner” there shall be inserted the following definition —
“full statement of the tribunal’s decision” means the statement referred to in regulation 13(3A) of the Child Support Appeal Tribunals (Procedure) Regulations 1992 ;
.
Amendment of regulation 2 of the Child Support Commissioners Procedure Regulations
11
In sub-paragraph (a) of paragraph (1) of regulation 2 of the Child Support Commissioners Procedure Regulations (application to the chairman of an appeal tribunal or to a Commissioner for leave to appeal to a Commissioner) for the words “notice of the decision of the tribunal” there shall be substituted the words “the full statement of the tribunal’s decision”.
Amendment of regulation 3 of the Child Support Commissioners Procedure Regulations
12
In paragraph (1) of regulation 3 of the Child Support Commissioners Procedure Regulations (notice of application for leave to appeal to a Commissioner) for the words “a copy of the decision against which leave to appeal is being sought” there shall be substituted the words “a copy of the full statement of the tribunal’s decision against which leave to appeal is being sought”.
Amendment of regulation 5 of the Child Support Commissioners Procedure Regulations
13
In regulation 5(1) of the Child Support Commissioners Procedure Regulations (notice of appeal) for the word “decision” there shall be substituted the words “full statement of the tribunal’s decision”.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under Secretary of State,
Department of Social Security
18th March 1997
Mackay of Clashfern, C.
18th March 1997


text:
Citation and Commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Buckinghamshire) (High Wycombe Town Centre) Order 1997 and shall come into force on 3rd March 1997.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
“the permitted parking area” means the area designated as a permitted parking area by article 4(a) of this Order; and
“the special parking area” means the area designated as a special parking area by article4(b) of this Order.
Application
3
1
Subject to the provisions of this Article, this Order applies to the area in the county of Buckinghamshire around the centre of High Wycombe situated within the outer edge of the boundary delineated in black on the plan in Schedule 1 to this Order.
2
In relation to each street named in column (2) of an item in the table in Schedule 2 to this Order the boundary of the area to which this Order applies shall be taken to pass through the point on that street named in column (3) of the item and accordingly, in so far as there is any inconsistency between this paragraph and paragraph (1) of this Article, this paragraph shall prevail.
Designation of Permitted Parking Areas and Special Parking Areas
4
The Secretary of State hereby designates the area to which this order applies in accordance with article 3 above as —
a
a permitted parking area; and
b
a special parking area.
Modification and Application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the permitted parking area and the special parking area and as so applied shall have effect subject to the modifications specified in Schedule 3 to this Order.
Modification of the 1984 Act and Schedule 3 to the 1991 Act
6
1
The 1984 Act shall be modified in relation to the permitted parking area and the special parking area as specified in Part I of Schedule 4 to this Order.
2
Schedule 3 to the 1991 Act shall be modified in relation to the permitted parking area and the special parking area as specified in Part II of Schedule 4 to this Order.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
15th January 1997


text:
1
This Order may be cited as the State Immunity (Merchant Shipping) Order 1997 and shall come into force on 1st November 1997.
2
Notwithstanding section 13(4) of the State Immunity Act 1978, no application shall be made for the issue of a warrant of arrest in any action in rem against a ship owned by any State specified in the Schedule to this Order or cargo aboard such a ship until notice has been served on a consular officer of that State in London or in the port at which it is intended to cause the ship to be arrested.
3
Notwithstanding section 13(4) of the State Immunity Act 1978, no ship or cargo owned by any State specified in the Schedule to this Order shall be subject to any process for the enforcement of a judgment or for the enforcement of terms of settlement filed with and taking effect as a court order.
4
The State Immunity (Merchant Shipping) (Union of Soviet Socialist Republics) Order 1978 is hereby revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Tonbridge and Malling Borough Council) Order 1997 and shall come into force on 21st March 1997.
Exemption of sports and leisure facilities management
2
The management of sports and leisure facilities by the Tonbridge and Malling Borough Council shall not be treated as a defined activity so long as it is undertaken before 31st December 1998 at the following sites
in the borough —
the Angel Leisure Centre, Angel Lane, Tonbridge;
the Tonbridge (Racecourse) Sportsground, New Wharf Road, Tonbridge;
the Tonbridge Farm Sportsground, Darenth Avenue, Tonbridge;
the Swanmead Sportsground, Swanmead Way, Tonbridge; and
the Games Hut Operation, Tonbridge Racecourse, New Wharf Road, Tonbridge.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
21st February 1997


text:
Citation and Commencement
1
This Order may be cited as the Prevention of Water Pollution (Loch Lomond) (Extension of Period of Byelaws) Order 1997 and shall come into force on 1st October 1997.
Extension of period of byelaws
2
The period during which the Central Scotland Water Development Board Prevention of Water Pollution (Loch Lomond) Byelaws 1987 remain in force is hereby extended to 1st October 1999.
Phillip Wright
Head of European Environment and Engineering Unit, Scottish Office
The Scottish Office Agriculture,
Environment and Fisheries Department Victoria Quay Edinburgh
26th September 1997


text:
1
This Order may be cited as the Income Tax (Charge to Tax) (Payments out of Surplus Funds) (Relevant Rate) Order 1997 and shall come into force on 6th April 1997.
2
The relevant rate for the purposes of section 599A(2) of the Income and Corporation Tax Act 1988 shall, in relation to payments made on or after 6th April 1997, be 33 per cent.
Richard Ottaway
Gyles Brandreth
Two of the Lords Commissioners of Her Majesty’s Treasury
17th February 1997


text:
Citation and commencement
1
These Regulations may be cited as the Prosecution of Offences (Revocation) Regulations 1997 and shall come into force on 1st April 1997.
Revocation of 1978 Regulations
2
The Prosecution of Offences Regulations 1978 are hereby revoked.
Nicholas Lyell
Her Majesty’s Attorney General
11th March 1997