text:
Citation and commencement
1
This Order may be cited as the Caernarfon Railway Light Railway Order 1997 and shall come into force on 9th October 1997.
Interpretation
2
In this Order unless the context otherwise requires the following expressions have the meaning hereby respectively assigned to them (that is to say): —
“the Board” means the British Railways Board;
“the book of reference” means the book of reference prepared in connection with the application for this Order;
“the Company” means the Ffestiniog Railway Holdings Limited having its registered office at Harbour Station, Porthmadog, Gwynedd;
“the deposited plans” and “the deposited sections” mean respectively the plans and sections deposited in respect of the application for this Order with, and available for inspection at the offices of, the Secretary of State for Transport, 76 Marsham Street, London SW1P 4DR and the said registered office of the Company, and marked as those plans and sections respectively;
“the enabling Acts ” means the Carnarvonshire Railway Act 1862 and the Carnarvonshire Railway (Nantlle Railway Transfer) Act 1867 ;
“the former railway” means so much of the former railway of the Board in the County of Gwynedd described in and authorised by the enabling Acts and works relating thereto as lay between a point 754 metres north north east of the roundabout where the A487 road meets the B4419 and a point 91 metres south south west of the existing road bridge carrying the unclassified road from Dinas to Saron over the former railway of the Board and includes all lands formerly held by the Board relating to the said railway and lying between those points;
“the principal Act ” means the Light Railways Act 1896; and
“the railway” means the railway authorised to be constructed and maintained by the Company pursuant to article 4 of this Order.
Incorporation of Railways Clauses Acts
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order —
section 6 (compensation);
section 7 (correction of errors);
sections 18 to 23 (water and gas pipes);
section 24 (obstructing construction of railway);
sections 30 to 44 (temporary use of land) subject to article 10(5) below;
section 46 (crossing of roads — level crossings) subject to paragraph (4) below;
section 47 (provision in cases where roads are crossed on a level);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 61 (company to make sufficient approaches and fences to highways crossing on the level);
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 75 (omission to fasten gates);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923 ;
sections 103 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties); and
section 154 (transient offenders).
2
The following provisions of the Railways Clauses Act 1863 shall be incorporated in this Order —
sections 5, 6 and 7 (level crossings); and
section 12 (signals, watchmen, etc. ).
3
In those provisions, as incorporated in this Order —
“the company” means the Company;
“goods” includes any thing conveyed on the railway;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works; and
“the special Act ” means this Order.
4
In section 46 of the Railways Clauses Consolidation Act 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always, that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level”.
Power for the Company to construct and maintain railway
4
1
Subject to the provisions of this Order, the Company may construct and maintain the railway hereinafter described in the line and according to the levels and within the limits of deviation shown on the deposited plans and the deposited sections and with all proper rails, plates, sidings, junctions, bridges, culverts, drains, approaches, roads, yards, buildings and other works and conveniences connected therewith including station premises, workshops and facilities.
2
The said railway is a passenger and freight carrying railway 4707 metres or thereabouts in length commencing at a point 18 metres or thereabouts south of the portal of the existing railway tunnel adjacent to Caernarfon Castle and extending in a southerly direction to the former Dinas Station of the Board and terminating at a point 45 metres or thereabouts north north west of the north western face of the existing bridge carrying the A487 Trunk Road over the formation of the railway authorised by the Welsh Highland Railway (Light Railway) Orders 1922 and 1923 .
3
Subject to the provisions of this Order, the railway or any part thereof shall be subject to all statutory and other provisions applicable to the former railway or any part thereof (insofar as the same are still substituting and capable of taking effect) and the Company shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the former railway or any part thereof (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
4
The Company shall to the exclusion of the Welsh Highland Railway (Light Railway) Company and the Liquidator of that company be entitled to the benefit of, and to exercise, all rights, powers and privileges and be subject to all obligations whether statutory or otherwise for the time being in force in respect of so much of the railway as is to be on the line of the railway authorised by the Welsh Highland Railway (Light Railway) Orders 1922 and 1923.
Power to deviate
5
In the construction of the railway or any part thereof the Company may deviate from the line or situation thereof shown on the deposited plans to the extent of the limits of deviation shown thereon and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 1 metre upwards or downwards or to such further extent as may be found necessary or convenient and as may be sanctioned by the Secretary of State.
Power to work the railway as a light railway
6
Subject to the provisions of this Order the railway may be worked as a light railway under the principal Act.
Provision as to bridges
7
Without prejudice to the generality of the foregoing, sections 116, 117 and 118 of the Transport Act 1968 shall apply to the railway as if references therein to the Board were references to the Company.
As to crossing of roads and footpaths on the level
8
1
The Company may in the construction of the railway carry the same with a single line across and on the level of the footpaths and occupation crossings described in the Schedule to this Order.
2
The rails of the railway shall be laid and maintained within the areas of the level crossings so that the upper surface is upon a level with the surface of the footpath or crossing, as the case may be, and the surface of the level crossing shall be maintained in good and even condition.
3
Access across the railway at each of the level crossings except for the level crossings described in paragraphs 2 and 3 of the Schedule to this Order shall be provided by a self-closing gate on each side of the railway opening away from the railway.
4
A warning sign to standard railway design containing the words “Stop, Look, Listen” shall be provided and maintained on each approach to the crossings (except for the level crossings described in paragraphs 2 and 3 of the Schedule to this Order) as near as practicable to the railway but not nearer than 2 metres from the running edge of the nearest rail.
5
The Company shall not within the area of any of the level crossings obstruct or hinder traffic or persons passing along the road or footpath for longer than is reasonably necessary in taking any train, engine or carriage across the footpath or crossing.
For protection of public gas transporters
9
Nothing in this Order shall prejudice or affect the rights of any public gas transporter, within the meaning of Part I of the Gas Act 1986 , in any apparatus belonging to them, or for the maintenance of which they are responsible or any structure for the lodging therein of apparatus, being any apparatus or structure situate in, over or upon lands in or upon which the railway may be constructed.
For protection of Dŵr Cymru Cyf
10
1
For the protection of Dŵr Cymru Cyf (in this article referred to as “Dŵr Cymru”) the following provisions shall, unless otherwise agreed in writing between the Company and Dŵr Cymru, apply and have effect.
2
In this article, “relevant pipe” in relation to Dŵr Cymru has the meaning given in section 158(7) of the Water Industry Act 1991 and “the works” means the works authorised by this Order.
3
Nothing in this Order or in the Railways Clauses Consolidation Act 1845 in its application to the railway shall authorise the Company to raise, sink or otherwise alter the position of, or in any way to interfere with, any relevant pipe without the consent in writing of Dŵr Cymru, such consent not to be unreasonably withheld.
4
Notwithstanding anything in this Order or shown on the deposited plans the Company shall not acquire any relevant pipe under the powers of this Order otherwise than by agreement.
5
The Company shall not exercise the powers of sections 30 to 44 (relating to temporary use of land) of the Railways Clauses Consolidation Act 1845, as incorporated with this Order, in relation to any land of Dŵr Cymru.
6
i
Before commencing the construction, alteration or reconstruction of any work which will or may be situated over, or within 15 metres measured in any direction of, or which (wherever situated) will or may impose any load directly upon any relevant pipe, the Company shall furnish to Dŵr Cymru such proper and sufficient plans of the work as may reasonably be required by Dŵr Cymru and shall not commence the work until plans thereof have been approved in writing by Dŵr Cymru (which approval shall not be unreasonably withheld) or settled by arbitration under article 12 of this Order.
ii
Dŵr Cymru may as a condition of their approval of the said plans require such modifications to be made as may be reasonably required to secure any relevant pipe against interference or risk of damage and to secure a convenient means of access thereto and the works shall be executed only in accordance with the plans approved in accordance with this paragraph.
iii
The approval by Dŵr Cymru of any plans under this paragraph shall not (in the absence of negligence on the part of Dŵr Cymru) exonerate the Company from any liability or affect any claim for compensation under this article.
7
Where any relevant pipe is situated in or under any land owned or held for the purposes of the railway the Company shall at their own expense maintain all culverts over such relevant pipe which are in existence at the coming into force of this Order so as to leave the relevant pipe accessible for the purposes of repairs.
8
The Company shall afford reasonable facilities to Dŵr Cymru for the execution and doing of all such works and things as may be reasonably necessary to enable them to inspect, repair, maintain, renew, replace, remove, alter or use any relevant pipe and in particular to carry out any protective works or any diversions required by reason of the exercise of the powers of this Order.
9
The Company shall compensate Dŵr Cymru —
a
for any damage done or disturbance caused to any relevant pipe;
b
for any costs incurred by Dŵr Cymru in diverting any relevant pipe or in carrying out works for the protection of any relevant pipe; and
c
for any other expenses, loss, damages, penalty or costs (including any liabilities resulting from the burst, leakage or other failure of relevant pipes) incurred by Dŵr Cymru;
by reason or in consequence of the execution, maintenance, user or failure of any of the works or otherwise by reason or in consequence of the exercise by the Company of the powers of this Order.
10
Nothing in the foregoing paragraph shall entitle Dŵr Cymru to any payment in respect of damage attributable to the neglect or default of Dŵr Cymru, their servants or agents.
11
Nothing in this Order shall prejudice or affect the rights of Dŵr Cymru in respect of any relevant pipe (including the right of access to such pipe for the purpose of inspection, maintenance or renewal) or the provisions of any agreement regulating the relations between the Company and Dŵr Cymru with regard to any relevant pipe and whether made before or after this Order comes into force.
12
Any difference arising between the Company and Dŵr Cymru under this article (other than a difference as to its meaning or construction) shall be referred to and settled by arbitration.
For protection of Manweb plc, etc.
11
1
In this article “apparatus” means any electric line or electrical plant as respectively defined by section 64 of the Electricity Act 1989 .
2
Nothing in this Order shall prejudice or affect the rights of any public electricity supplier, within the meaning of Part I of the Electricity Act 1989, in any apparatus belonging to them, or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate in, over or under lands in or upon or near to which the railway or any part thereof may be constructed.
3
Before commencing any works authorised by this Order under or over or which will or may affect any apparatus belonging to a public electricity supplier or for the maintenance of which a public electricity supplier is responsible, the Company shall give to the public electricity supplier not less than 28 days' notice in writing accompanied by a plan and section of the proposed work and such work shall be executed only in accordance with the plan and section submitted, and in accordance with such reasonable requirements (including those contained or referred to in an Agreement dated 15th November 1995 and made between the Company (1) the Ffestiniog Railway Company (2) and Manweb plc (3)) as may be made by the public electricity supplier for the protection of the apparatus, or for securing access thereto.
4
If by reason or in consequence of the execution or user of any of the works authorised by this Order any damage to any apparatus or any interruption in supply or distribution of electricity by a public electricity supplier shall be caused, the Company shall bear and pay the cost reasonably incurred by the public electricity supplier in making good such damage or in restoring the supply or distribution of electricity and shall make reasonable compensation to the public electricity supplier for any loss sustained by it and indemnify the public electricity supplier from and against all claims in respect of any such damage or interruption.
Arbitration
12
Where under any provision of this Order any difference is to be referred to or settled by arbitration, then such difference shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President for the time being of the Institution of Civil Engineers.
Signed by authority of the Secretary of State for Transport
A S D Whybrow
Head of Traffic Policy Division,
Department of the Environment, Transport and the Regions
8th October 1997


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Armed Forces Act 1996 (Commencement No. 3 and Transitional Provisions) Order 1997.
2
Sections 20 to 27 of the Armed Forces Act 1996 shall come into force on 1st October 1997.
3
The transitional provisions contained in the Schedule to this Order shall have effect.
John Reid
Minister of State, Ministry of Defence
29th August 1997


text:
1
1
This Order may be cited as the Drug Trafficking Act 1994 (Designated Countries and Territories) (Amendment) Order 1997 and shall come into force on 1st July 1997.
2
In this Order “the 1996 Order ” means the Drug Trafficking Act 1994 (Designated Countries and Territories) Order 1996 .
3
This Order extends to England and Wales only.
2
Schedule 1 to the 1996 Order (countries and territories designated for the purposes of sections 39 and 40 of the Drug Trafficking Act 1994) shall be amended as follows —
a
below “Iran” there shall be inserted “Ireland”;
b
opposite the entry for Antigua & Barbuda there shall be inserted “The Attorney General”;
c
the entry opposite Colombia shall be deleted and replaced by “The Fiscalia General de la Nacion and the Ministerio de Justicia del Derecho”.
3
The Appendix to the 1996 Order, which describes when proceedings are instituted in a designated country, shall be amended as follows —
a
after the entry for Anguilla, there shall be inserted the following entry —
Antigua & Barbuda when a person has been charged with a scheduled offence
;
b
After the entry for Chile, there shall be inserted the following entry —
Colombia when a preliminary investigation or a formal process has begun and, in either case, a Resolution has been issued for a freezing or seizure order
.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Environment Protection (Overseas Territories) (Amendment) Order 1997 and shall come into force on 21st August 1997.
2
The Environment Protection (Overseas Territories) Order 1988 shall be amended by adding to Schedule 2 (which specifies the Territories to which that Order applies) the following entries:
Falkland Islands
South Georgia and the South Sandwich Islands.
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) (Easington District Council, Epping Forest District Council and London Borough of Merton) Order 1997 and shall come into force on 1st January 1998.
Exemption of sports and leisure facilities management carried out by Easington District Council
2
The management of sports and leisure facilities by the council of the district of Easington shall not be treated as a defined activity so long as it is carried out at the following leisure centres:
a
the Peterlee Leisure Centre, St. Cuthbert’s Way, Peterlee; and
b
the Seaham Leisure Centre, Recreation Ground, Deneside, Seaham
during the period beginning with 1st January 1998 and ending on 31st December 1998.
Exemption of maintenance of ground carried out by Epping Forest District Council
3
The maintenance of ground by the council of the district of Epping Forest shall not be treated as a defined activity so long as it is carried out within their area during the period beginning with 1st January 1998 and ending on 31st December 1998.
Exemption of other cleaning carried out by the London Borough of Merton
4
Other cleaning by the council of the London Borough of Merton shall not be treated as a defined activity so long as it consists of the cleaning (other than by the emptying of gullies) of any street in their area and is carried out before 24th October 1998.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State
Department of the Environment, Transport and the Regions
8th December 1997


text:
Commencement and citation
1
This Order may be cited as The A23 Trunk Road (Lambeth) Red Route Experimental Traffic Order 1997, and shall come into force on 19th January 1998.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3 (1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Lambeth (Waiting and Loading Restriction) Order 1978: GLC 1978/341 as amended and the Lambeth (Restriction of Waiting at Bus Stops)( No. 1 1974 and No. 1 1977) Order 1977:GLC 1977:450 as amended are hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Lambeth (Waiting and Loading Restriction) Order 1978:GLC 1978/341 as amended and the Lambeth (Restriction of Waiting at Bus Stops)(No. 1 1974 and No. 1 1977) Order 1977:GLC 1977:450 as amended, only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
9th December 1997


text:
Citation and commencement
1
This Order may be cited as the Local Government Residuary Body (England) (Amendment) Order 1997 and shall come into force on 1997.
Amendment of Order
2
1
The Local Government Residuary Body (England) Order 1995 shall be amended in accordance with the following paragraphs of this Order.
2
In article 2 (interpretation), for “relevant provision” substituted “relevant instrument”.
3
In article 19 (interpretation of Part) —
a
delete the definition of “relevant authority”; and
b
in the definition of “successor authority” —
i
for “a relevant authority” substitute “an abolished authority”; and
ii
for “the relevant authority”(in both places) substitute “that authority”.
4
In article 20 (power to issue levies), in paragraph (1) —
a
for “the abolition date” substitute “1st April 1996”;
b
for “a relevant authority” substitute “an abolished authority”; and
c
for “the relevant authority” substitute “the abolished authority”.
5
In article 21 (apportionment of levies), in paragraphs (1) and (2) for “a relevant authority”substitute “an abolished authority”.
6
In article 25 (distribution of capital and other money) —
a
in paragraphs (1) and (4), for “a relevant authority” substitute “an abolished authority”; and
b
in paragraphs (2) and (3) for “the relevant authority” substitute “the abolished authority”.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
10th March 1997


text:
Title, extent and commencement
1
These Regulations may be cited as the Potato Marketing Board (Residuary Functions) Regulations 1997, shall apply in Great Britain and shall come into force on 30th June 1997.
Interpretation
2
In these Regulations —
“ the Act ” means the Agriculture Act 1993;
“the approved scheme” means the approved scheme (within the meaning of section 49(1) of the Act) of the Board ;
“the Board” means the Potato Marketing Board, constituted under paragraph 7 of the Schedule to the Potato Marketing Scheme (Approval) Order 1955 ;
“ the Council ” means the British Potato Council, established by the Potato Industry Development Council Order 1997 ;
“ the Ministers ” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales acting jointly;
“preserved”, in relation to a given provision of the Scheme means subjected to section 38(3) (a) of the Act (which provides that, notwithstanding section 26(1) and (2) of the Act, the provision shall continue to have effect by virtue of these Regulations, subject to such modifications as may be specified in these Regulations);
“producer” means a producer of potatoes;
“the Scheme” means the Potato Marketing Scheme ; and
“Vesting Day” means 30th June 1997 being the day on which, in accordance with the approved scheme, certain property, rights, and liabilities of the Board are, as a result of section 35 of the Act, transferred by virtue of the Act.
Effect of provisions of the Scheme as preserved, inserted or continuing in force
3
The provisions of the Scheme which —
a
are preserved, whether or not subject to modifications,
b
are inserted by virtue of these Regulations, or
c
by virtue of section 37 of the Act continue in force subject to the provisions of these Regulations,
shall in aggregate have effect as set out in the Schedule to these Regulations.
Restructuring of the Board’s functions
4
The Board shall, immediately after the transfer under section 35 of the Act, continue to exist until dissolved by order made under section 38(5) of the Act, as a body corporate with a common seal, called the Potato Marketing Board but with their functions confined to those set out in these Regulations.
Members of the Board
5
1
The Board, as constituted after the transfer under section 35 of the Act, shall consist of three members whom the Ministers shall appoint.
2
The Ministers shall designate one of the members appointed under this regulation as chairman of the Board.
3
The Ministers shall designate a second member to act as chairman, in the event that the first designated chairman is unable to attend a meeting of the Board.
4
Subject to the following provisions of this regulation, a member of the Board shall hold and vacate office in accordance with the terms of his appointment specified in the instrument by which the Ministers appoint him, which shall include a condition that the member shall comply with the provisions of these Regulations which are binding on him and ensure in combination with the other members that the Board complies with the provisions of these Regulations binding on them.
5
Any appointment of a person as a Board member shall be for a term not exceeding two years, but a person who ceases to be such a member at the end of the term shall be eligible for re-appointment.
6
A member of the Board may by giving a calendar month’s notice in writing to the Ministers resign his office with effect from such time as is specified in the notice.
7
If the Ministers are satisfied in relation to a member of the Board —
a
that that member has been absent without the written permission of the chairman of the Board from two consecutive meetings of the Board, or
b
that that member has been adjudged bankrupt, that his estate has been sequestrated or that he has made a composition or arrangement with, or granted a trust deed for, his creditors, or
c
that that member is unable or unfit to discharge the functions of a member, or
d
that that member has not complied with the terms of his appointment,
the Ministers may by notice to him remove him from office with effect from such time as is specified in the notice.
Official address of the Board
6
The Board shall have an office at which communications and notices will at all times be received and shall notify the Ministers of the address and of any change in the address thereof.
General powers and staff
7
1
The Board may by power of attorney or otherwise —
a
appoint a person to be the agent of the Board, and
b
delegate to that person any of their functions,
for such purposes, for such time and on such terms and conditions (including as to remuneration) as they think fit and may at any time revoke or alter such terms and conditions.
2
The Council shall permit its employees to carry out work for the Board, when the Board considers this to be necessary for the purpose of carrying out the Board’s functions.
3
The Board shall appoint a person to act as Secretary to the Board from among the employees of the Council.
4
The Council shall pay to any member of the Board any such travelling and out-of-pocket expenses as have, in the opinion of the Board, been reasonably incurred by him in connection with the business of the Board.
5
The Council shall pay members of the Board such remuneration as shall be determined by the Ministers.
Disciplinary Committee
8
1
There shall be a committee of the Board to be known as the Disciplinary Committee, which will complete any disciplinary hearings and other matters outstanding as at 30th June 1997.
2
The Disciplinary Committee shall consist of —
a
not less than two members of the Board, and
b
an independent member —
i
who is a solicitor or a barrister or a Scottish advocate, and
ii
who has been qualified as such for not less than seven years, and
iii
who is not and never has been a member of the Board, and
iv
whose appointment is approved by the Ministers.
3
The independent member shall act as chairman of the Disciplinary Committee.
4
Paragraph 83 of the Scheme is preserved, subject to modifications, and shall have effect as set out in the Schedule to these Regulations.
Proceedings of the Board
9
1
Any meeting of the Board shall have a quorum of two members.
2
In the case of an equality of votes at any meeting of the Board or of the Disciplinary Committee, the chairman shall have a second or casting vote.
Minutes
10
Paragraphs 32 and 34 of the Scheme are preserved, subject to modifications and shall have effect as set out in the Schedule to these Regulations.
The seal
11
Paragraph 37 of the Scheme is preserved, subject to modifications, and shall have effect as set out in the Schedule to these Regulations.
Contracts
12
Paragraphs 35 and 36 of the Scheme are preserved and shall have effect as set out in the Schedule to these Regulations.
Annual report and accounts and other financial provisions
13
1
The Board shall have power to operate a bank account in the name of the Potato Marketing Board, to be used to receive monies paid to it by producers under the Scheme.
2
The Board shall draw up the annual report and accounts for the financial year ending 30th June 1997 and shall —
a
submit that report and accounts to the Ministers; and
b
circulate that report and accounts to all producers who were registered with the Board on 30th June 1997.
3
The Board shall pay to the Council the monies referred to in paragraph (1) of this regulation.
Annual General Meeting
14
Notwithstanding the provisions of paragraph 58 of the Scheme, the Board shall not be required to hold a general meeting of producers for the calendar year 1997.
Arbitration
15
Paragraph 90 of the Scheme is preserved and shall have effect as set out in the Schedule to these Regulations.
Indemnity
16
1
Subject to paragraph (2) below, every member or officer or auditor of the Board shall be indemnified out of the assets of the Council from and against —
a
any action, cost, charge, loss, damage and expense which he may incur, and
b
any liability which by virtue of any rule of law or equity would otherwise attach to him,
by reason of, or in connection with, any act done, concurred in or omitted in or about the execution of his duty in relation to the affairs of the Board.
2
Paragraph (1) above shall not apply where any such action, cost, charge, loss, damage, expense or liability has arisen from or been contributed to by any dishonest act or omission, wilful default or wilful neglect on the part of such member, officer or auditor.
Completion of functions, winding-up and payments of surplus
17
1
As soon as the Board has —
a
completed all disciplinary hearings outstanding as at 30th June 1997 and
b
dealt with the annual report and accounts for the financial year ending 30th June 1997, as specified in paragraph 13(2) of these regulations,
then the Board shall pay any remaining monies it holds to the Council.
2
When the Board has paid the remaining monies to the Council, in accordance with paragraph (1) of this regulation, the Board shall notify the Ministers that it has wound up its affairs in accordance with section 38(5) of the Act.
Lord Donoughue
Parliamentary Secretary,Ministry of Agriculture, Fisheries and Food
19th June 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
23rd June 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
18th June 1997


text:
Citation and commencement
1
This Order may be cited as the Housing (Enforcement Procedures for Houses in Multiple Occupation) Order 1997 and shall come into force on 3rd March 1997.
Right to make Representations
2
Except in a case where it appears to the local housing authority necessary to take such action immediately, before a local housing authority serve a works notice on any person they —
1
shall give to that person a written notice stating:
a
that they are considering serving the works notice;
b
the reasons why they are considering serving the works notice and the works which should be undertaken to remedy the relevant defect;
c
that the person may, within a period specified in the notice (not being less than 14 days) make either written representations to the authority or, if the person so requests, make oral representations to the authority in the presence of an officer appointed by the authority (such a request being made not later than the expiry of 7 days beginning with the day on which that notice is given); and
2
shall consider any representations which are duly made and not withdrawn.
Sanctions for Non-compliance
3
Where a works notice is served and the authority have failed to comply with article 2, that failure shall be a ground for appeal additional to those specified in section 353(2) and 373(2) of the Housing Act 1985.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
3rd February 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
4th February 1997


text:
Commencement and citation
1
This Order may be cited as The A23 Trunk Road (Croydon) Red Route Experimental Traffic Order 1997, and shall come into force on 14th September 1997.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Revocation and suspensions of existing Orders
11
1
The A23 Trunk Road (Croydon) Red Route Experimental Traffic Order 1997 is hereby revoked.
2
Subject to paragraph (2) of this article, the Croydon (Waiting and Loading Restriction) Order 1977 , Order No.23; the Croydon (Waiting and Loading Restriction) Order 1991, Order No.20; the Croydon (Waiting and Loading Restriction) Order 1991, Order No.27; the Croydon (Waiting and Loading Restriction) Order 1991, Order No.34; the Croydon (Waiting and Loading Restriction) Order 1993, Order No. 23; and the Croydon (Waiting and Loading Restriction) Order 1995, Order No.12, as amended, are hereby suspended, in so far as their provisions relate to any part of the trunk road red route.
3
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Croydon (Waiting and Loading Restriction) Order 1977, Order No.23; the Croydon (Waiting and Loading Restriction) Order 1991, Order No.20; the Croydon (Waiting and Loading Restriction) Order 1991, Order No.27; the Croydon (Waiting and Loading Restriction) Order 1991, Order No.34; the Croydon (Waiting and Loading Restriction) Order 1993, Order No.23, and the Croydon (Waiting and Loading Restriction) Order 1995, Order No.12, as amended, only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
TRO 340
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
1st September 1997


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 3) Order 1997 and shall come into force on 2nd December 1997.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers and government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where both a Minister and one or more government departments are designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland Department in pursuance of this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
Revocation of earlier designation
3
The designation which provides that the Secretary of State and any Northern Ireland Department shall be designated in relation to equal pay for men and women and equal treatment for men and women in matters of employment, self-employment and vocational training in the European Communities (Designation) (No. 3) Order 1993 , shall be revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
PART I
GENERAL
1
This Order may be cited as the OSPAR Commission (Immunities and Privileges) Order 1997. It shall come into force on the date on which the Headquarters Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Commission established by the Convention for the Protection of the Marine Environment in the North-East Atlantic 1992 enters into force. This date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
1
In this Order:
“ the Commission ” means the Commission established by the Convention for the Protection of the Marine Environment in the North-East Atlantic 1992 known as the OSPAR Commission;
“official activities” in relation to the Commission means its administrative activities and those which it is authorised to undertake pursuant to the Convention for the Protection of the Marine Environment in the North-East Atlantic 1992; and
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 .
PART II
THE COMMISSION
3
The Commission is an organisation of which the United Kingdom and foreign sovereign Powers are members.
4
The Commission shall have the legal capacities of a body corporate.
5
The Commission shall have the like inviolability of official archives as, in accordance with the 1961 Convention Articles, is accorded to a foreign sovereign Power.
6
Within the scope of its official activities, the Commission shall have the like exemption or relief from taxes, other than duties and taxes on the importation of goods, as is accorded to a foreign sovereign Power.
7
The Commission shall have the like relief from non-domestic rates on its official premises as, in accordance with Article 23 of the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission.
8
The Commission shall have exemption from duties (whether of customs or excise) and taxes on the importation of goods imported by the Commission and necessary for the exercise of its official activities, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.
9
The Commission shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods imported or exported by the Commission and necessary for the exercise of its official activities and in the case of any publications of the Commission imported or exported by it within the scope of its official activities.
10
The Commission shall have relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979 ) or value added tax paid on the importation of such oil which is bought in the United Kingdom and necessary for the exercise of the official activities of the Commission, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
11
The Commission shall have relief, under arrangements made by the Secretary of State, by way of refund of value added tax paid on any new vehicles of United Kingdom manufacture which are necessary for the official activities of the Commission, and of value added tax paid on the supply of any other goods and services of substantial value which are necessary for the official activities of the Commission, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
12
The Commission shall have relief, under arrangements made by the Secretary of State, by way of a refund of insurance premium tax and air passenger duty paid by the Commission in the exercise of its official activities.
PART III
OFFICERS
13
Except in so far as in any particular case any privilege or immunity is waived by the Executive Secretary of the Commission or, in the case of the Executive Secretary, by the Commission, all officers of the Commission appointed or recruited for employment with the Commission and subject to its staff regulations, with the exception of experts, persons who are in the domestic service of the Commission and persons who are recruited locally and assigned to hourly rates of pay, shall enjoy:
a
immunity from suit and legal process in respect of things done or omitted to be done by them in the exercise of their functions, except in the case of a motor traffic offence committed by an officer or in the case of damage caused by a vehicle belonging to or driven by him;
b
as from the date on which the salaries and emoluments received by them as officers of the Commission become subject to taxation by the Commission for its benefit, exemption from income tax in respect of such salaries and emoluments, provided that nothing in this subparagraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purpose of assessing the amount of taxation to be applied to income from other sources;
c
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanent residents in the United Kingdom, the like exemption from duties and taxes on the importation of furniture and personal effects (including one motor car each) which —
i
at the time when they first enter the United Kingdom to take up their post, are imported for their personal use or for their establishment, and
ii
were in their ownership or possession or which they were under contract to purchase immediately before they so entered the United Kingdom,
as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agents;
d
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom, and provided that they are participating in a social security scheme established by the Commission or in another such scheme, exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland —
i
services rendered for the Commission by them shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Ipswich Port Authority Transfer Scheme 1996 Confirmation Order 1997 and shall come into force on the seventh day after the day on which it is made.
Confirmation of Scheme
2
1
The Ipswich Port Authority Transfer Scheme 1996 is hereby confirmed with modifications.
2
The text of the said Scheme as so confirmed is set out in the Schedule hereto.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under-Secretary of State,
Department of Transport
18th March 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1997 and shall come into force at 20.00 hours on 20th June 1997.
2
In this Order “mussels” means Mytilus Edulis , “scallops” means scallops of the class of Pecten Maximus and Queen Scallops of the class of Chlamys Opercularis , “razor clams” means Ensis s.p.p. and “relevant time” means one minute past midnight on June 1997.
Designated circumstances
2
In the opinion of the Secretary of State, mussels, scallops and razor clams in the area designated in article 3 below may be affected by the toxin which causes paralytic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any mussels, scallops or razor clams in the designated area.
Prohibited movement of mussels, scallops or razor clams
5
No person shall move any mussels, scallops or razor clams out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters–
a
use any mussels, scallops or razor clams taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any mussels, scallops or razor clams which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any mussels, scallops or razor clams which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
G M Thomson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
20th June 1997


text:
1
1
This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Appointed Day No. 7) Order 1997.
2
This Order extends to Northern Ireland only.
2
1st January 1998 is hereby appointed for the purposes of —
a
Part I of, and
b
Sections 43 (application of Part IV of the Act) and 69 of,
the Criminal Procedure and Investigations Act 1996.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
29th December 1997


text:
1
This Order may be cited as the Value Added Tax (Terminal Markets) (Amendment) Order 1997 and shall come into force on 1st September 1997.
2
Paragraph (2) of article 2 of the Value Added Tax (Terminal Markets) Order 1973 shall be amended as follows —
a
the word “and” after the words “the London Potato and Futures Market” shall be omitted; and
b
after the words “the London Platinum and Palladium Market” there shall be added the words “and the London Securities and Derivatives Exchange Limited ( OMLX ).”.
Jim Dowd
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 1997


text:
PART I
PRELIMINARY
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pensions Compensation Board (Determinations and Review Procedure) Regulations 1997 and shall come into force on 6th April 1997.
2
In these Regulations —
“ the Act ” means the Pensions Act 1995;
“ Board ” means the Pensions Compensation Board established under section 78(1) of the Act;
“ Order ” means the Pensions (Northern Ireland) Order 1995 ;
“review” means a review of a determination by the Board of a question which it is within their functions to determine.
3
In these Regulations, a reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;
c
in a regulation to a lettered or numbered sub-paragraph is to the sub-paragraph in that regulation bearing that letter or number.
PART II
PROCEDURE ON DETERMINATIONS
Interpretation
2
For the purposes of this Part, “application” means an application to the Board for compensation under section 82 or, as the case may be, Article 80 of the Order, and the word “applicant” shall be construed accordingly.
Acknowledgment of application
3
The Board shall, within 14 days of receipt of an application, send to the applicant a written notice —
a
acknowledging receipt of the application; and
b
setting out the steps to be taken by the Board in determining the application.
Withdrawal of application, death of applicant and continuance
4
1
After an application has been sent or delivered to the Board at its proper address it may not be withdrawn without the Board’s consent in writing which consent shall not be unreasonably refused.
2
Where an applicant dies or is unable or unwilling to continue with an application, the Board may appoint such other person as it thinks fit as a successor to the applicant, if such other person consents in writing, and the application shall be carried on by such other person in substitution for the applicant.
Holding of oral hearing
5
The Board may hold an oral hearing in respect of any question which it is within their functions to determine and the requirements in this Part of these Regulations in respect of such hearings shall apply.
Notice of oral hearing
6
1
Where the Board decides to hold an oral hearing, they shall fix the date, time and place for the hearing and, not less than 28 days before that date, send to the applicant, and to such other persons as it appears to them the justice of the case may require, a notice in writing specifying the date, time and place of the hearing, and the manner in which it is to be conducted.
2
The notice referred to in paragraph (1) shall also ask the person notified to confirm within 14 days of receipt of the notice whether or not that person or his representative, if any, will attend the hearing, and if so, the names and addresses of the witnesses, if any, that person or his representative intends to call.
Requirements applying to oral hearings
7
1
An oral hearing shall be in public except where the Board are satisfied that, by reason of the disclosure of intimate personal or financial circumstances, commercially sensitive information, or information communicated or obtained in confidence, it is just and reasonable for the hearing, or part of it, to be in private.
2
The Board may exclude from the hearing, or part of it, any person whose conduct has disrupted or is likely, in the opinion of the Board, to disrupt the hearing.
3
The following persons shall be entitled to attend, and, in the case of persons listed in sub-paragraphs (a), (b), (c) and (f), to be heard, at an oral hearing whether or not it takes place in public —
a
the applicant;
b
a witness called by the applicant or the Board or by any other person entitled to be heard;
c
the trustees of the scheme to which the application relates;
d
a member of the Council on Tribunals or of the Scottish Committee of that Council;
e
the secretary to the Board;
f
such other persons as it appears to the Board the justice of the case may require.
4
If the applicant or any other person entitled to be heard fails to attend or be represented at an oral hearing, the Board may —
a
unless they are satisfied that there is sufficient reason for such absence, hear and determine the application in the absence of that person; or
b
adjourn the hearing.
Procedure at oral hearings
8
1
The Board shall conduct the oral hearing in such manner as they consider most suitable to the clarification of the issues before them, and generally as to the just handling of the proceedings.
2
The applicant and any other person entitled to be heard shall, subject to paragraph (3), be entitled to give evidence, call witnesses, to question any witnesses and to address the Board both on evidence and generally on the subject matter of the hearing.
3
The Board may receive evidence of any fact which appears to them to be relevant even if such evidence would be inadmissible in proceedings before a court of law, but shall not refuse to admit any evidence which is admissible at law and is relevant.
4
The Board may, if they are satisfied that it is just and reasonable to do so, permit the applicant to rely on grounds for the compensation claim which were not set out in the application, whether or not amended.
Notification of decision
9
1
The Board shall, within 14 days of making a determination as to whether to make a payment or payments to the trustees of the scheme to which the application relates, send written notice of their decision to the applicant, and, if different, to the trustees.
2
The written notice referred to in paragraph (1) shall contain —
a
a statement of reasons for the Board’s decision;
b
where a decision is made to award compensation, details of the terms and conditions, if any, subject to which the payment or payments will be made;
c
a statement that there is a right to request a review of the Board’s determination as specified under section 80(2) of the Act, or, as the case may be, Article 78(2) of the Order;
and shall be signed by the Chairman of the Board.
PART III
REVIEW OF DETERMINATIONS
Interpretation
10
For the purposes of this Part, “application” means, in relation to a determination by the Board of a question which it is within their functions to determine, an application to the Board for a review of that determination, and the word “applicant” shall be construed accordingly.
Applications to Board for review
11
1
An application shall be made in writing, signed by the applicant and shall state —
a
the name and address of the applicant and the nature of his connection with the scheme, if any;
b
the name and address of the applicant’s representative, if any, and whether the Board should send replies or notices concerning the application to that representative rather than to the applicant;
c
the grounds upon which a review of the determination is sought;
d
the particulars of the determination in respect of which a review is sought;
e
whether the applicant wishes to be heard on the application.
2
Where the applicant wishes to be heard on the application, the Board shall not refuse to hear him unless it appears to them that the application may be disposed of fairly without so doing.
Documents to accompany application
12
The applicant shall submit with the application, or within 28 days thereafter, any documents upon which he wishes to rely in support of his application for review.
Acknowledgment of application
13
The Board shall, within 14 days of receipt of an application, send to the applicant a written notice —
a
acknowledging receipt of the application; and
b
setting out the steps to be taken by the Board in determining the application.
Amendment of application
14
The applicant may, at any time before receiving notice of the date of the review and after receiving notice of the date of the review, with the leave of the Board, amend the grounds referred to in regulation 11(1)(c), and submit any documents upon which he wishes to rely in support of those grounds as amended.
Withdrawal of application, death of applicant and continuance
15
1
The applicant may withdraw an application at any time by sending or delivering to the office of the Board a written notice, signed by the applicant, stating that the application is withdrawn.
2
Where an applicant dies or is unable to continue with an application, the Board may appoint as a successor to the applicant a person appearing to them to be interested, if that person consents in writing, and the application for a review shall be carried on by that person in substitution for the applicant.
Notification of decision to review or refusal to review
16
1
Upon receipt of an application for a review, the Board shall decide whether to review the determination in relation to which the review is sought and within 56 days of receipt of the application send to the applicant, and to such other persons as it appears to the Board the justice of the case may require, a notice in writing containing the information specified in paragraph (2) or, as the case may be, paragraph (3).
2
The decision to review the determination together with a statement of —
a
the right to send written representations to the Board at any time until they receive notification of the date fixed for the review or until such later date as the Board may permit, in relation to the review generally;
b
the right, upon request being made within 28 days of receipt of the written notice referred to in paragraph (1) and regulation 17(1)(a), to have the review conducted by means of an oral hearing;
c
the procedure to be followed in relation to the review, whether or not it is conducted by means of an oral hearing.
3
The decision to refuse to review the determination together with a statement of —
a
the reasons for the Board’s decision; and
b
the right to seek a review of the decision as specified under section 80(2) of the Act, or, as the case may be, Article 78(2) of the Order.
4
Where in any particular case it is not reasonably practicable for the Board to give such notice as is specified under paragraph (1) within the period therein referred to, the Board shall within that period notify the persons entitled to receive such notice of the date by which it will be given and of the reasons for the delay.
Reviews initiated by the Board
17
1
Where the Board decide to review a determination without an application having been made, they shall within 14 days of making such a decision, send to such persons as it appears to them the justice of the case may require —
a
a notice in writing containing the information specified in regulation 16(2); and
b
a statement of facts relating to the review.
2
A person who receives a statement of facts such as is referred to in paragraph (1)(b) shall reply to the Board within 28 days of receipt of that statement, indicating —
a
whether and in what respect any of the facts are disputed; and
b
any further facts which, in the opinion of that person, are relevant to the review.
Decision to review
18
The Board may not authorise any of their members individually to decide whether to review a previous determination to which these Regulations apply.
Notice of date, time, place and manner of review
19
1
The Board shall fix the date, time and place for the review and, not less than 28 days before that date, send to the applicant (if any), and to such other persons as it appears to them the justice of the case may require, a notice in writing specifying the date, time and place of the review, and the manner in which it is to be conducted.
2
Where the Board is to deal with a review by way of an oral hearing the notice referred to in paragraph (1) shall also ask the person notified to confirm within 14 days of receipt of the notice whether that person or his representative, if any, will attend the hearing, and if so, the names and addresses of the witnesses, if any, that person or his representative intends to call.
3
The Board may, upon the request of the applicant or otherwise, postpone the date of the review (whether or not it is to be dealt with by way of an oral hearing), in the interests of disposing fairly of the matter at issue.
Copies of relevant documents
20
The Board shall, not less than 28 days before the date fixed for the review, send to the applicant (if any) and to such other persons as it appears to them the justice of the case may require, a copy of or sufficient extracts from, or particulars of, any document or other material relevant to the review which the Board have in their possession.
Review Board
21
1
The Board may not authorise any of their members individually to review a determination to which these Regulations apply.
2
The Board, when constituted for the purposes of carrying out a review, is referred to as “the Review Board” in these Regulations.
3
The person who acts as chairman of the Review Board shall not be the member of the Board who acted as chairman of the proceedings, at which the determination the subject of the review was made.
4
In the event that the votes of members of the Review Board are equally divided, the chairman of the Review Board shall have a second and casting vote.
Requirements applying to oral hearings
22
1
An oral hearing of a review shall be in public except where the Review Board are satisfied that, by reason of the disclosure of intimate personal or financial circumstances, commercially sensitive information, or information communicated or obtained in confidence, it is just and reasonable for the hearing, or part of it, to be in private.
2
The Review Boad may exclude from the hearing, or part of it, any person whose conduct has disrupted or is likely, in the opinion of the Board, to disrupt the hearing.
3
The following persons shall be entitled to attend, and, in the case of persons listed in sub-paragraphs (a), (d), (e) and (g), be heard at, an oral hearing of a review whether or not it takes place in public —
a
the applicant (if any);
b
a member of the Board who is not appointed to the Review Board;
c
a member of the Council on Tribunals or of the Scottish Committee of that Council;
d
a witness called by the applicant (if any) or the Board or by any other person entitled to be heard;
e
the trustees of the scheme to which the application relates;
f
the secretary to the Board;
g
such other person as it appears to the Board the justice of the case may require.
4
If the applicant or any other person entitled to be heard fails to attend or be represented at an oral hearing of a review, the Review Board may —
a
unless they are satisfied that there is sufficient reason for such absence, hear and determine the review in the absence of that person; or
b
adjourn the hearing.
Procedure at oral hearings
23
1
The Review Board shall conduct the oral hearing of the review in such manner as they consider most suitable to the clarification of the issues before them and generally as to the just handling of the proceedings, including where necessary adjournment of the proceedings.
2
The applicant (if any) and any other person entitled to be heard shall, subject to paragraph (3), be entitled to give evidence, call witnesses, to question any witnesses and to address the Review Board both on evidence and generally on the subject matter of the hearing.
3
The Review Board may receive evidence of any fact which appears to them to be relevant, even if such evidence would be inadmissible in proceedings before a court of law, but shall not refuse to admit any evidence which is admissible at law and is relevant.
4
The Review Board may, if they are satisfied that it is just and reasonable to do so, permit the applicant to rely on grounds for the review which were not stated in the application, whether or not amended.
Notification of decision
24
1
The decision of the Review Board shall be recorded in a document which shall also contain a statement —
a
of the reasons for their decision; and
b
of the right to request a review as specified under section 80(2)(a) of the Act, or, as the case may be, Article 78(2)(a) of the Order;
and shall be signed and dated by the chairman of the Review Board.
2
The Board shall, within 14 days of making the decision, send a copy of the document recording the decision to the applicant (if any), and, if different, to the trustees.
PART IV
COMMON PROVISIONS
Representatives
25
Where a person acts on behalf of another, that person may take all such steps and do all such things for the purposes of these Regulations as that other person is by these Regulations required or authorised to take or do.
Extension of time
26
The time appointed by these Regulations for the doing of any act or the taking of any step by any person may be extended by the Board upon such terms, if any, as it appears to them the justice of the case may require, and such extension may be granted although the request therefor is not made until after the expiration of the time appointed.
Irregularities
27
1
Any irregularity resulting from failure to comply with any provision of these Regulations shall not, of itself, render the application in question or the proceedings in question void.
2
Clerical mistakes in any written statement of a determination or errors arising in such a document from an accidental slip or omission may be corrected by the Chairman of the Board or, as the case may be, chairman of the Review Board, certifying the correction in writing on the document.
Method of sending or delivering documents, etc
28
1
Any document required or authorised by these Regulations to be sent or delivered to any person shall be duly sent or delivered —
a
if sent to that person’s proper address by post;
b
if delivered to that person or left at that person’s proper address.
2
The proper address for the Board, or the Review Board, is the address of the office of the Board.
3
The proper address of any other person to whom any such document is to be sent or delivered is the address given by that person, or if none, the last known address of that person, or, in the case of an incorporated company or body, the registered or principal office of that company or body.
Publication of decisions
29
The Board may publish their decisions as they consider appropriate, but in doing so they shall have regard to the need to preserve the confidentiality of —
a
any documentary evidence submitted in relation to the application which they have reason to believe is commercially sensitive or confidential for some other reason; and
b
any evidence heard in private,
and for that purpose may make any necessary amendments to the text of a decision.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
10th March 1997


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Royal Air Force Terms of Service (Amendment) Regulations 1997 and shall come into force on 1st March 1997.
2
The Royal Air Force Terms of Service (Amendment) Regulations 1986 shall be revoked.
Amendments to Regulations
2
1
The Royal Air Force Terms of Service Regulations 1985 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation), after the definition of “the Act”there shall be inserted the following definition —
“air force service” means service in the regular air force;
3
In regulation 3 (duration of terms of enlistment) —
a
in paragraph (2), there shall be omitted the words “, or a term as provided for in Regulation 4”; and
b
in paragraph (3), there shall be omitted the words “Subject to Regulation 4,”.
4
Regulation 4 (special terms of engagement) shall be omitted.
5
In regulation 5 (engagement with right to transfer to the reserve on notice) —
a
in paragraph (1), for the word “man”there shall be substituted the word “person”;
b
paragraph (2) shall be omitted; and
c
after paragraph (3), there shall be inserted the following paragraph —
4
A person enlisted pursuant to this regulation may apply by notice in writing to his commanding officer to be treated as if he had been enlisted pursuant to regulation 3 for a term equal in length to the term for which he was enlisted under this regulation; and, if the competent air force authority approves his application, he shall be so treated from the date on which his application is approved.
6
In Schedule 1 (competent air force authorities) —
a
for the entry relating to regulation 4 there shall be substituted the following entry —
Regulation 5 For the purpose of approving an application to convert from a Notice to a fixed term engagement Director of Personnel Management (Airmen) and Controller of Reserve Forces ( RAF )
;
b
for the words “Director of Personnel Management (Airmen) (RAF) Ministry of Defence”, wherever they appear, there shall be substituted the words “Director of Personnel Management (Airmen) and Controller of Reserve Forces (RAF)”; and
c
for the words “Director of Personnel (Air) (RAF) Ministry of Defence”, wherever they appear, there shall be substituted the words “Director of Personnel (Officers and Airmen Aircrew) (RAF)”.
On behalf of the Defence Council.
Michael Graydon
Frederick Howe
Members of the Defence Council
5th February 1997


text:
Citation and commencement
1
These Regulations may be cited as the Vocational Training (Tax Relief) (Amendment) Regulations 1997 and shall come into force on 6th April 1997.
Interpretation
2
In these Regulations “the principal Regulations ” means the Vocational Training (Tax Relief) Regulations 1992 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 2 for the definitions of “training payment” and “training provider” there shall be substituted the following definitions —
“training payment” means a payment made by an individual in respect of a qualifying course of vocational training —
in respect of an allowable expense to a person who provides training courses which are qualifying courses of vocational training, or
to a person who —
receives fees for assessment purposes, or
receives fees payable in connection with the making, as a result of having undertaken the course, of any entry in an official register or any award, or
receives other fees such as are mentioned in subsection (9) of section 32 in respect of a qualifying course of vocational training provided in the United Kingdom;
“training provider” means a person to whom a training payment is made;
.
4
In regulation 3(2) after the word “where” there shall be inserted the words “an individual makes a training payment and”.
5
In regulations 8(3) and 10(3) for the words “annual return” there shall be sub-stituted the words “annual claim”.
6
After regulation 11 there shall be inserted the following regulation —
Appeals
11A
1
Subject to paragraph (7), a training provider may appeal to the Special Commissioners against the Board’s decision on an annual claim by giving notice to the Board within 30 days beginning with the date of the receipt by him of the notice of that decision.
2
No appeal shall lie from the Board’s decision on an interim claim.
3
The like provisions as are contained in Part V of the Taxes Management Act 1970 shall apply to the appeal.
4
On an appeal, the Special Commissioners may vary the decision appealed against whether or not the variation is to the advantage of the appellant.
5
All such assessments, payments and repayments shall be made as are necessary to give effect to any variation of the Board’s decision on appeal.
6
An assessment made under paragraph (5) shall not be out of time if it is made within six months of the final determination of the appeal.
7
This regulation shall not apply in relation to claims made before 6th April 1997.
7
For regulation 13 there shall be substituted —
Keeping of records by training providers
13
1
A training provider shall keep sufficient records in respect of qualifying courses of vocational training in respect of which training payments have been made to him to enable the requirements of these Regulations to be satisfied.
2
Without prejudice to the generality of paragraph (1), the training provider shall keep every notice of entitlement to relief at source.
3
A training provider shall keep the records referred to in paragraphs (1) and (2) so as to be available for inspection under these Regulations —
a
for a period of three years after the end of the year in which the relevant training payment was made, or
b
for a period of two years after the end of the year in which the annual claim relating to the relevant training payment was made,
whichever period is the later to expire.
8
In regulation 14 for the words “provided by him” there shall be substituted the words “in respect of which a training payment has been made to him”.
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
6th March 1997


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Dacorum Borough Council) Order 1997 and shall come into force on 4th July 1997.
Exemption of repair and maintenance of vehicles
2
The repair and maintenance of vehicles by the council of the borough of Dacorum shall not be treated as a defined activity so long as it is carried out during the period beginning with 6th July 1997 and ending with 5th January 1998.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment
4th June 1997


text:
1
This Order may be cited as The A30 Trunk Road (Hounslow and Hillingdon) Red Route (Clearway) Traffic Order 1996 Variation Order 1997, and shall come into force on 8th March 1997.
2
The A30 Trunk Road (Hounslow and Hillingdon) Red Route (Clearway) Traffic Order 1996 is varied as provided by the following provisions of this Order.
3
In Schedule 2, items 1 to 8 are deleted and replaced with the following items —
Great South West Road — south-east side
1
Area of carriageway parallel to the south-east kerb-line of Great South West Road, between a point 54 metres south-west of the south-western kerb-line of Ariel Way and a point 83.5 metres south-west of that point and having a width of 2.5 metres throughout.
2
Area of carriageway parallel to the south-east kerb-line of Great South West Road, between a point 1 metre south-west of the common boundary of 90 and 92 Great South-West Road and a point 6 metres north-east of the common boundary of 40 and 42 Great South West Road and having a width of 2.5 metres throughout.
3
Area of carriageway parallel to the south-east kerb-line of Great South West Road, between a point 113.0 metres north-east of the common boundary of 135-137 Bedfont Close and a point 180.5 metres south-east of that point and having a width of 2.5 metres throughout.
Great South West Road — north-west side
4
Area of carriageway parallel to the north-west kerb-line of Great South West Road, between a point 8 metres north-east of the common boundary of 135 and 137 Bedfont Close and a point 115.5 metres north-eastward of that point and having a width of 2.5 metres throughout.
5
Area of carriageway parallel to the north-west kerb-line of Great South West Road, between a point 2 metres south-west of the common boundary of 59 and 61 Great South West Road and a point 2 metres north-east of the common boundary of 23 and 25 Great South West Road and having a width of 2.5 metres throughout.
Staines Road — south-east side
6
Area of carriageway parallel to the south-east kerb-line of Staines Road, between a point 66.5 metres north-east of the north-eastern boundary of 776 Staines Road and the boundary with the County of Surrey and having a width of 2.5 metres throughout.
7
Area of carriageway parallel to the south-east kerb-line of Staines Road, between a point 9 metres north-east of a point opposite the north-eastern wall of 1 Holly Cottage, Staines Road and a point 2 metres south-west of a point opposite the party wall of 3 and 4 Holly Cottage, Staines Road and having width of 1.8 metres throughout.
Staines Road — north-west side
8
Area of carriageway parallel to the north-west kerb-line of Staines Road, between a point 17 metres north-east of the north-eastern boundary of 776 Staines Road and a point 43.5 metres north-east of that point and having a width of 2.4 metres throughout.
9
Area of carriageway parallel to the north-west kerb-line of Staines Road between a point 7.0 metres north-east of a point opposite the eastern wall of 624 Staines Road and a point 43.0 metres south-west of the said eastern wall and having a width of 1.8 metres throughout.
4
In Schedule 3A, delete item 1 from the table.
TRO214
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
28th February 1997


text:
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 2) Order 1997.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1997 is revoked.
3
The Child Abduction and Custody (Parties to Conventions) Order 1986 is amended by deleting Schedules 1 and 2 and substituting therefor Schedules 1 and 2 which are set out in the Schedule to this Order.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Local Government and Rating Act 1997 (Commencement No.3) Order 1997.
Commencement of provisions
2
Subject to article 3 below, the following provisions of the Local Government and Rating Act 1997 shall come into force on 1st December 1997:–
a
section 5 and Schedule 2 (relief from non-domestic rates for general stores etc. in rural settlements: Scotland);
b
section 8 (orders under section 6 and Schedule 2);
c
section 33(1) (minor and consequential amendments), insofar as it relates to the provision mentioned in paragraph (d) below; and
d
paragraph 29(b) of Schedule 3 (amendment of Schedule 12 to the Local Government Finance Act 1992 ).
Transitional provision
3
Nothing in article 2(a) above shall result in a rural settlement list having effect for a financial year which commenced prior to 1st April 1998.
Malcolm Chisholm
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
21st November 1997