text:
Citation and Commencement
1
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) (No. 2) Regulations 1997.
2
These Regulations shall come into force for the purposes of regulation 12 and of the Schedule on 1st April 1997 and for all other purposes on 5th March 1997.
Preliminary
2
The Goods Vehicles (Plating and Testing) Regulations 1988 shall be further amended as follows.
Regulation 3 (interpretation)
3
1
Regulation 3(1) shall be amended as follows.
2
After the definition of “appeal officer” there shall be inserted the following definition —
“appropriate day”, means —
in relation to a vehicle which is a motor vehicle, the last day of the calendar month in which falls the first anniversary of the date on which it was registered; and
in relation to a vehicle which is a trailer, the last day of the calendar month in which falls the first anniversary of the date on which it was first sold or supplied by retail;
.
3
In the definition of “examination”, for sub-paragraph (e) there shall be substituted the following sub-paragraph —
e
an examination or re-examination for the purposes of an appeal against a determination made under these Regulations;
.
4
For the definition of “first examination” there shall be substituted —
“first examination” means an examination or, as the case may be, examinations for which a vehicle is submitted under regulation 9;
.
5
The definition of “the standard lists” shall be omitted.
Regulation 8 (conditions of acceptance of vehicle)
4
For regulation 8(1) there shall be substituted the following paragraph —
1
In this regulation, “examiner” means —
a
in relation to an examination not being an examination for the purposes of an appeal against a determination under these Regulations, a vehicle examiner; or
b
in relation to an examination for the purposes of an appeal against a determination under these Regulations, the appeal officer.
Regulation 9 (dates by which vehicles are to be submitted for first examination)
5
For regulation 9 there shall be substituted the following regulation —
9
1
Every motor vehicle to which paragraph (3) applies shall be submitted for a goods vehicle test on or before the appropriate day.
2
Every motor vehicle to which paragraph (3) does not apply and every trailer shall be submitted for both a plating examination and a goods vehicle test on or before the appropriate day.
3
This paragraph applies to a motor vehicle if the following requirements are met, namely —
a
a plating certificate is in force for the vehicle; and
b
that plating certificate is a certificate of conformity or a Minister’s approval certificate that is treated as a plating certificate by virtue of section 59(4) of the 1988 Act.
4
Paragraphs (1) and (2) shall not prevent the Secretary of State authorising the submission of a vehicle for a first examination after the date by which the vehicle is required by those paragraphs to be submitted for first examination.
Regulation 10 (dates by which vehicles are to be submitted for periodical tests)
6
For regulation 10 there shall be substituted the following regulation —
10
1
Where a goods vehicle test certificate for a vehicle is issued on an examination, the vehicle shall be submitted for a further examination before the certificate expires.
2
Where a goods vehicle test certificate for a vehicle is refused on an examination, the vehicle shall be submitted for a further examination —
a
if one goods vehicle certificate is in force for the vehicle at the time of the refusal, before the expiration of the certificate;
b
if more than one goods vehicle certificate is in force for the vehicle at the time of the refusal, before the expiration of the last of those certificates to have been issued; or
c
in any other case, on or before the appropriate day or before the vehicle is used on a road (whichever is the later).
3
Paragraphs (1) and (2) and regulation 11 shall not prevent the Secretary of State authorising the submission of a vehicle for a periodical test after the date by which the vehicle is required by those provisions to be submitted for a periodical test.
Regulation 11 (period of validity of goods vehicle test certificate)
7
For regulation 11 there shall be substituted the following regulation —
11
1
A goods vehicle test certificate issued in the circumstances described in column (2) of an item in the Table below shall be valid for the period described in column (3) of that item.
(1) (2) (3) Item Circumstances Period of validity
1. Vehicle submitted for a first examination during the two month period ending with the appropriate day. The period beginning with the date of issue of the certificate and ending with the first anniversary of the appropriate day. 2. Vehicle submitted for a periodical test during the two month period ending with the expiry date of a current goods vehicle test certificate. The period beginning with the date of issue of the certificate and ending with the first anniversary of the expiry date of that certificate. 3. Vehicle submitted for a periodical test in circumstances other than those described in items 1 and 2 of this Table. The period beginning with the date of issue of the certificate and ending with the last day of the same calendar month in the following year.
2
In this regulation, a reference to the end of a period is a reference to the end of the final day of that period.
Substitution of heading to Part III
8
For the heading to Part III, there shall be substituted the following heading —
EXAMINATION FOR PLATING ON A FIRST EXAMINATION
Revocation of regulations 17, 18 and 19 (examination for plating)
9
Regulations 17, 18 and 19 shall be omitted.
Amendments to regulation 20 (examination for plating)
10
1
Regulation 20(1) shall be amended as follows.
2
For the words preceding sub-paragraph (a) there shall be substituted the words “Where a vehicle is submitted for an examination for plating on a first examination, a vehicle examiner shall determine the plated weights of the vehicle having regard — ”.
3
In sub-paragraph (e), for the words after “motor vehicle,” there shall be substituted the words “the requirements of regulations 15, 16 and 18 of the Construction and Use Regulations;”.
New regulation 25A (interpretation of Part IV)
11
In Part IV, before regulation 26, there shall be inserted the following —
Interpretation of this Part
25A
In this Part, a reference to a periodical test includes a goods vehicle test carried out pursuant to regulation 22.
New Part VA (alteration of plated weights without examination)
12
After Part V there shall be inserted the Part set out in the Schedule to these Regulations.
Consequential amendments
13
1
In regulation 8(2), sub-paragraph (n) shall be omitted.
2
In regulation 21 —
a
in paragraph (1) the words “save as provided in paragraph (2)” shall be omitted and after the words “examination for plating” there shall be inserted the words “on a first examination”;
b
paragraph (2) shall be omitted; and
c
in paragraph (3)(b) —
i
in sub-paragraph (iii), “19,”, and
ii
sub-paragraph (iv),
shall be omitted.
3
For regulation 22 there shall be substituted the following regulation —
22
After an examination for plating has been carried out on a vehicle, a goods vehicle examiner shall arrange for the vehicle to undergo a goods vehicle test.
4
In regulation 25(11)(b), sub-paragraph (i) shall be omitted.
5
For regulation 31 there shall be substituted the following regulation —
31
In the following provisions of this Part, a reference to a re-examination shall where appropriate be read as a reference to an examination that is not a re-examination.
6
In regulation 36(4), sub-paragraph (b) shall be omitted.
7
In regulation 37(4)(b), sub-paragraph (ii) shall be omitted.
8
In regulation 41(3), for “17” there shall be substituted “20”.
9
In regulation 43(2)(c), for the words “in regulation 17(2)(a) and” there shall be substituted the words “in regulation”.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
6th February 1997


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of the Medway Towns (Parishes and Electoral Changes) Order 1997 and, subject to paragraph (2), shall come into force —
a
for the purposes of article 2 on 1st April 1997; and
b
for all other purposes, on 1st May 1997.
2
For the purpose of all proceedings preliminary or relating to an election to be held on or after 1st May 1997, this Order shall come into force on the day after the day on which it is made.
3
In this Order —
“the district” means the district of the Medway Towns ;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, marked “Map of the District of the Medway Towns (Parishes and Electoral Changes) Order 1997”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Transfers between parishes, etc.
2
1
The area marked A1 on sheet 5 shall be transferred from the parish of Cliffe to the parish of Frindsbury Extra.
2
The area marked A2 on sheet 6 shall be transferred from the parish of Frindsbury Extra to the parish of Cliffe.
3
The parish of Cliffe shall be renamed the parish of Cliffe and Cliffe Woods.
4
The area marked B on sheet 6 shall be transferred from the parish of Stoke to the parish of St Mary Hoo.
Wards of the Medway Towns
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-five wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, parish wards, or a parish and a parish ward or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the Medway Towns
4
1
Elections of all councillors for wards of the district shall be held simultaneously on the ordinary day of election of councillors in 1997, 2000 and 2003 and every fourth year after 2003 .
2
The term of office of any councillor so elected shall be, in the case of councillors elected in 1997 and 2000, three years and, in any other case, four years.
3
On the fourth day after any such elections —
a
the persons who were councillors immediately before those elections shall retire; and
b
the newly elected councillors shall come into office.
4
Articles 9 and 10 of the Kent (Borough of Gillingham and City of Rochester upon Medway) (Structural Change) Order 1996 shall be revoked.
Parish council elections
5
1
The ordinary elections of parish councillors for the parishes in the district in 1999 shall not take place; and any such parish councillor holding office immediately before 10th May 1999 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 8th May 2000.
2
Elections of all parish councillors shall be held simultaneously on the ordinary day of election of councillors in 2000 and 2003 and every fourth year after 2003.
3
The term of office of any parish councillor so elected shall be, in the case of the parish councillors elected in 2000, three years and, in any other case, four years.
4
On the fourth day after any such election —
a
the persons who were parish councillors immediately before those elections shall retire; and
b
the newly elected parish councillors shall come into office.
5
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 8th May 2000 in the office of a parish councillor for a parish in the district, as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to that date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
21st February 1997


text:
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Interconnection) Regulations 1997 and shall come into force on 31 December 1997.
Interpretation
2
1
In these Regulations —
a
“the Interconnection Directive ” means Directive 97/33/ EC of the European Parliament and of the Council on Interconnection in Telecommunications with regard to ensuring Universal Service and Interoperability through Application of the Principles of Open Network Provision ( ONP ) ; and
b
“the ONP Framework Directive ” means Council Directive 90/387/ EEC on the establishment of the internal market for telecommunications services through the implementation of Open Network Provision ;
and words and expressions used in the Regulations shall, unless the context otherwise requires, have the same meaning as in the Interconnection and the ONP Framework Directive.
2
In these Regulations —
“ the Act ” means the Telecommunications Act 1984 ;
“an Operator having Significant Market Power” means a Public Operator which the Director has determined to be an organisation having Significant Market Power in accordance with Regulation 4(1)(a) below;
“ the Commission ” means the Commission of the European Communities;
“ ECU ” means European Currency Unit, calculated at the central rate set by the EC Commission on the Licensee’s accounting reference date, as defined in section 224 of the Companies Act 1985;
“European Public Operator” means a person authorised in another Member State to provide public telecommunications networks and publicly available telecommunications services and whose name has been notified to the Commission under Article 18 of the Directive as an organisation covered by Annex II of the Directive.
“fixed public telephone network” means the public switched telecommunications network which supports the transfer between network termination points at fixed locations of speech and 3, 1 kHz bandwidth audio information, to support inter alia:
voice telephony;
facsimile Group III communications, in accordance with ITU -T Recommendations in the “T-series”,
voice band data transmission via modems at a rate of at least 2,400 bit/s, in accordance with ITU-T Recommendations in the “V-series”, and
where access to the end-user’s network termination point is via a number or numbers in the national numbering plan;
“fixed public telephone service” means the provision to end-users at fixed locations via a number or numbers in the national numbering plan of a service for the originating and receiving of national and international calls, including access to emergency services, the provision of operator assistance, directory services, provision of public pay phones, provision of service under special terms or provision of special facilities for customers with disabilities or with special social needs or both such provisions.
“interconnection” means the physical and logical linking of telecommunications networks used by the same or a different organisation in order to allow the users of one organisation to communicate with users of the same or another organisation or to access services provided by another organisation. Services may be provided by the parties involved or other parties who have access to the network;
“licence” means a licence granted under section 7 of the Act.
“Public Operator” means a person to whom a licence has been granted authorising the running of publicly available telecommunication systems and the provision of publicly available telecommunication services.
“relevant licence” means a licence granted to a Public Operator falling within the categories set out in Schedule 2.
“special rights” means rights that are granted by a Member State to a limited number of undertakings through any legislative, regulatory or administrative instrument which, within a given geographical area, limits to two or more the number of such undertakings authorised to provide a service or undertake an activity, otherwise than according to objective, proportionate and non-discriminatory criteria, or designates, otherwise than according to such criteria, several competing undertakings as being authorised to provide a service or undertake an activity, or confers on any undertaking or undertakings, otherwise than according to such criteria, legal or regulatory advantages which substantially affect the ability of any other undertaking to provide the same service or to undertake the same activity in the same geographical area under substantially the same conditions.
“Universal service” means a defined minimum set of services of specified quality which is available to all users independent of their geographical location and, in the light of specific national conditions, at an affordable price.
“universal service obligations” means those obligations placed upon an operator of a fixed public telephone network by means of a relevant licence which concern the provision of such a network and a fixed public telephone service throughout a geographical area specified in the licence including, where required, averaged prices in that geographical area for the provision of that service;
“users” means individuals, including consumers, or organisations using or requesting publicly available telecommunications services;
The Obligation to Interconnect
3
1
A relevant licence shall include a provision imposing an obligation on the Licensee to negotiate interconnection when requested by another such Public Operator, or, where the relevant licence authorises connection to telecommunication systems or telecommunication apparatus outside the United Kingdom, by a European Public Operator.
2
The relevant licence may include a condition enabling the Director to agree to limit this obligation:
a
on a temporary basis where in his opinion there are technically and commercially viable alternatives to the interconnection requested; and
b
the requested interconnection is in his opinion inappropriate in relation to the resources available to meet the request; and
any limitation imposed by the Director shall be fully reasoned and shall be published in accordance with regulation 8(3) below.
3
A licence granted to an Operator having Significant Market Power in a relevant market shall include a condition imposing an obligation to meet all reasonable requests for access to the network including access at points other than the network termination points offered to the majority of end-users.
Significant Market Power
4
1
a
The Director shall determine, on the coming into force of these regulations and from time to time, whether a Public Operator has Significant Market Power.
b
In making such a determination, it shall be presumed that:
i
a Public Operator which has 25% or more of the relevant market, in the geographical area within which it is licensed to operate has Significant Market Power; and
ii
a Public Operator which has less than 25% of the relevant market in the geographical area within which it is licensed to operate does not have Significant Market Power;
unless having regard to the organisation’s ability to influence market conditions, its turnover relative to the size of the market, its control of the means of access to end-users, its access to financial resources and its experience in providing products and services in the market, the Director determines the contrary.
2
The Director shall notify the Secretary of State of the determinations which he has made under paragraph (1) above and the Secretary of State shall notify such determinations to the Commission.
The Interconnection Requirements
5
1
In exercising their functions under sections 7 and 12 to 15 of the Act (granting of licences and modification of licence conditions) the Secretary of State and the Director shall ensure that conditions are imposed on the relevant licensees so that the following requirements are met —
a
for interconnection to the telecommunication systems described in Schedule 1 run by Operators having Significant Market Power, the requirements set out in Part I of Schedule 3 (Non Discrimination and Information);
b
for Operators having Significant Market Power running the telecommunication systems or providing the telecommunication services described in Parts I and II of Schedule 1,
i
the requirements set out in Part II of Schedule 3 (Interconnection Charges and Cost Accounting Systems); and
ii
the requirements in paragraph 2 of Part III of Schedule 3 (Accounting Separation);
c
for Operators having Significant Market Power running the telecommunication systems or providing the telecommunication services described in Part III of Schedule 1 who have been notified to the Commission as having Significant Market Power on the national market for interconnection, the requirement in paragraph 1 of Part II of Schedule 3 (Interconnection Charges);
d
for Public Operators which have special or exclusive rights for the provision of services in sectors other than telecommunications in the UK or in any other Member State of the Community, the requirements set out in paragraph 1 of Part III to Schedule 3 (Accounting Separation);
e
for all Public Operators, the requirements in Part IV of Schedule 3 (Financial Information).
General Responsibilities of the Secretary of State and of the Director
6
1
In exercising their functions conferred by or under the Act, and these Regulations, the Secretary of State and the Director shall encourage and secure adequate interconnection in the interests of all users, exercising their responsibility in a way that provides maximum economic efficiency and gives the maximum benefit to end-users, and in doing so shall have regard to the following —
a
the need to ensure satisfactory end-to-end communication for users;
b
the need to stimulate a competitive market;
c
the need to ensure the fair and proper development of a harmonised European telecommunication market;
d
the need to co-operate with the regulatory authorities of other Member States;
e
the need to promote the establishment and development of trans-European networks and services, and the interconnection of national networks and interoperability of services, as well as access to such networks and services;
f
the principles of non-discrimination (including equal access) and proportionality;
g
the need to maintain and develop a universal service.
2
The Director may specify general conditions which must be included in interconnection agreements. The general conditions must be published in accordance with regulation 8. In particular, the Director in relation to interconnection between Public Operators described in Schedule 2 and between such a Public Operator and a European Public Operator —
a
may set ex ante conditions in the areas listed in Part 1 of Schedule 4; and
b
shall encourage coverage in an interconnection agreement of the issues listed in Part II of Schedule 4.
3
In pursuit of the aims stated in paragraph (1) above the Director may intervene at any time, and shall do so on the request of either party, in order to make a direction specifying issues which must be covered in an interconnection agreement, or to make a direction that specific conditions be observed by one or more parties to such an agreement. The Director may in exceptional circumstances make a direction that changes be made to interconnection agreements already concluded where it is justified to ensure effective competition or interoperability of services for users or both.
4
The Director may on his own initiative at any time or if requested by either party, by direction set time limits within which negotiations on interconnection are to be completed. Any such direction shall also set out the steps to be taken if agreement is not reached within these time limits. If the Director appoints a conciliator, the direction shall include provisions as to the payment of the conciliator’s reasonable costs and expenses and the procedures to be adopted by the conciliator. The procedures for the purposes of bringing about agreement shall be open to the public in accordance with regulation 8(3).
5
Where a Public Operator described in Schedule 2 enters into interconnection agreements with others, the Director may inspect all such interconnection agreements in their entirety.
6
Where there is a dispute concerning interconnection between organisations the Director shall, at the request of either party, take steps to resolve the dispute within six months of the date of the request. The direction which the Director makes to resolve the dispute shall represent a fair balance between the legitimate interests of both parties. The direction shall be notified to the parties and published in accordance with regulation 8(3). The parties concerned shall be given a full statement of the reasons on which it is based.
7
Where a complaint concerning interconnection is brought by a European Public Operator against an organisation authorised in the United Kingdom, the Director shall take steps to resolve the dispute within six months of the date of the complaint. The direction which the Director makes to resolve the dispute shall represent a fair balance between the legitimate interests of the European Public Operator and the organisation authorised in the United Kingdom. The direction shall be notified to the parties and published in accordance with regulation 8(3). The parties concerned shall be given a full statement of the reasons on which it is based.
8
In exercising his duties under paragraphs (6) and (7) above, the Director shall take into account inter alia —
a
the interests of users;
b
regulatory obligations or constraints imposed on any of the parties;
c
the desirability of stimulating innovative market offerings, and of providing users with a wide range of telecommunications services both at national and Community level;
d
the availability of technically and commercially viable alternatives to the interconnection requested;
e
the desirability of ensuring equal access arrangements;
f
the need to maintain the integrity of the public telecommunications network and the interoperability of services;
g
the nature of the request in relation to the resources available to meet the request;
h
the relative market positions of the parties;
i
the public interest;
j
the promotion of competition;
k
the need to maintain a universal service.
9
Where there are concurrent disputes between the same two organisations the Director shall, on request of either party to the disputes, make every effort to co-ordinate with the national regulatory authorities in any other Member State concerned in order to bring about a resolution of the disputes in accordance with the principle set out in paragraph (1)(a) to (g) above, within six months of referral. The resolution of the disputes shall represent a fair balance between the legitimate interests of both parties and be consistent with the interconnection rules in the United Kingdom and in the other Member States, in conformity with the law of the European Community.
10
Where Public Operators described in Schedule 2 have not interconnected their facilities the Director may, in accordance with the principle of proportionality and in the interests of users, make a direction that the Public Operators concerned shall interconnect their facilities. Any such direction shall be made only as a last resort in order to protect essential public interests. The direction may, where appropriate, set the terms of interconnection.
11
The Director may publish such financial information provided to him in accordance with regulation 5(f) as would contribute to an open and competitive market, taking into account considerations of commercial confidentiality.
12
In exercising their functions under section 7 of the Act, the Secretary of State and the Director shall ensure that a description of the cost accounting system used by Operators having Significant Market Power in accordance with paragraph 4 of Part II in Schedule 3 showing the main categories under which costs are grouped and the rules used for the allocation of costs to interconnection, is made available on request to interested parties. The Director, or an independent body approved by the Director, shall verify compliance by organisations with the cost accounting system and the Director shall publish an annual statement concerning compliance.
Essential Requirements
7
1
The Director may specify conditions based on essential requirements to be included in any interconnection agreement. These conditions shall be published in accordance with regulation 8.
2
In exercising their functions under section 7 of the Act, the Secretary of State and the Director shall take all necessary steps to ensure that insofar as is practicable in all the circumstances the availability of telecommunication systems run by Public Operators is maintained in the event of catastrophic network breakdown or in exceptional cases of force majeure, such as extreme weather, earthquakes, flood, lightning or fire.
3
In specifying conditions under regulation 7(1) above, the Director shall ensure that any conditions for interconnection related to the availability in the event of accidents, or the integrity, of telecommunication systems run by Public Operators shall be proportionate and non-discriminatory and based on objective criteria identified in advance.
4
In specifying conditions under regulation 7(1) above, the Director may specify conditions in order to ensure interoperability of services, including conditions designed to ensure satisfactory end-to-end quality. The conditions may impose specific technical standards, specifications, or codes of practice agreed by the parties who, in the Director’s opinion, are directly concerned.
5
In specifying conditions under regulation 7(1) above, the Director may specify conditions in order to ensure the protection of data, to the extent necessary to ensure compliance with relevant regulatory provisions on the protection of data including protection of personal data, the confidentiality of information processed, transmitted or stored, and the protection of privacy.
Publication of information by the Director
8
1
The Director shall from time to time publish or ensure that there is published adequate and up-to-date information on interconnection in accordance with paragraph 2 of Part II of Schedule 3, regulation 6(2), regulation 7 and regulation 11(2).
2
The information referred to in paragraph (1) above shall be published in such a way as to provide easy access for users of that information; and the Director shall publish references to the publication of that information in the London, Edinburgh and Belfast Gazettes.
3
The Director shall ensure that up-to-date and specific information in accordance with regulation 3(2), regulation 12(1), paragraph 3 of Part I of Schedule 3, regulation 6(4), regulation 6(6), regulation 6(7) and regulation 10(2) is made available on request to interested parties, free of charge, during normal working hours. Reference shall be made by the Director in the London, Edinburgh and Belfast Gazettes to the times and location at which the information is available.
Technical standards
9
1
In exercising his functions under the Act the Secretary of State and the Director shall ensure that Public Operators take full account of standards listed in the Official Journal of the European Communities in accordance with Article 5 of the ONP Framework Directive as being suitable for the purpose of interconnection.
2
In the absence of such standards, the Director shall encourage the provision of technical interfaces for interconnection according to the standards below in order of priority:
a
standards adopted by European standardisation bodies such as the European Telecommunications Standards Institute ( ETSI ), or the European Committee for Standardisation/European Committee for Electrotechnical Standardisation ( CEN /Cenelec); or in the absence of such standards,
b
international standards or recommendations adopted by the International Telecommunications Union (ITU), the International Organisation for Standardisation ( ISO ) or the International Electrotechnical Commission ( IEC ); or in the absence of such standards,
c
any standards or specifications determined by the Director.
Collocation and facility sharing
10
1
Where a Public Operator has the right under the Act to install facilities on, over or under public or private land, or may take advantage of a procedure for the expropriation or use of property, the Secretary of State and the Director in exercising their functions under the Act shall encourage the sharing of such facilities or property or both with other organisations providing telecommunication systems, in particular where essential requirements deprive other organisations of access to viable alternatives.
2
The Director may intervene to resolve a dispute concerning collocation or facility sharing at the request of either party. The Director shall take into account the matters listed in regulation 6(8) above. Where the Director intervenes, he shall take steps to resolve the dispute within six months of the date of the request. The resolution of the dispute shall represent a fair balance between the legitimate interests of both parties. The decision of the Director shall be notified to the parties and published in accordance with regulation 8(3).
3
The Director may specify facility or property sharing arrangements (including physical collocation) after an appropriate period of public consultation during which all interested parties must be given an opportunity to express their views. Such arrangements may include rules for apportioning the costs of facility or property sharing or both.
4
Public Operators shall comply with any decision made under sub-paragraph (2) above or any arrangement specified under sub-paragraph (3) above and for the purposes of sections 16 to 18 of the Act any such decision or arrangement shall be deemed to be a condition included in a licence under section 7(5) of the Act.
Numbering
11
1
In exercising their functions under the Act the Secretary of State and the Director shall take into account the need to:
a
ensure the provision of adequate numbers and numbering ranges for all publicly available telecommunications services;
b
ensure that the procedures for allocating individual numbers or numbering ranges or both are transparent, equitable and timely and that the allocation is carried out in an objective, transparent and non-discriminatory manner. The Secretary of State and the Director may lay down conditions for the use of certain prefixes or certain short codes, in particular where these are used for services of general public interest;
c
encourage the earliest possible introduction of the number portability facility whereby end-users who so request can retain their numbers on the fixed public telephone network at a specific location independent of the organisation providing service. In order to ensure that charges to consumers are reasonable the Director shall ensure that pricing for interconnection related to the provision of this facility is reasonable.
d
ensure that numbering plans and procedures are applied in a manner that gives fair and equal treatment to all providers of public telecommunications services and, in particular, to ensure that an organisation allocated a range of numbers shall avoid undue discrimination in the number sequences used to give access to the services of other Public Operators.
2
The Director shall ensure that the main elements of the national numbering plans, and all subsequent additions or amendments to them, are published in accordance with regulation 8(1), subject only to limitations imposed on grounds of national security.
Universal Service contributions
12
1
A licence imposing universal service obligations shall include a condition that the Licensee shall, at the request of the Director, calculate the net cost of such obligations in accordance with Schedule 5. The calculation of the net cost of universal service obligations shall be audited by an independent body approved by the Director. The results of the cost calculation and the conclusions of the audit shall be open to the public in accordance with regulation 8(3).
2
Where justified on the basis of the cost calculation referred to in paragraph (1) above, and taking into account the market benefit if any which accrues to an organisation that offers Universal service, the Director shall determine whether a mechanism for sharing the net cost of universal service obligations may be justified on the grounds that universal service obligations represent an unfair burden on an organisation and shall inform the Secretary of State of his determination.
3
A licence imposing universal service obligations shall include a condition that any charges payable by an interconnected party which include or serve as a contribution to the cost of those obligations shall be notified, prior to their introduction, to the Director. It shall also be a condition of the licence that, where the Director finds on his own initiative, or after a substantiated request by an interested party, that such charges are excessive, the organisation concerned shall be required to reduce the relevant charges. Such reductions shall be applied retrospectively, from the date of introduction of the charges, but not before 1 January 1998.
Modification of licences to include the interconnection conditions
13
1
Subject to paragraph (2) below, relevant licences are hereby modified upon the coming into force of these Regulations by:
a
the deletion from the condition in Part 2 of Schedule 1 under the heading “Requirement to Provide Connection Services” (or its equivalents) of the paragraphs referring to the terms and conditions that might be included in an agreement to provide connection services in accordance with that condition (excluding the obligation itself set out in the first paragraph of that condition) together with any power of the Director under that condition to make any determination in respect of the terms and conditions, or to impose any other requirement in respect of such obligation; and
b
the insertion of the standard conditions set out in Schedule 6 as Part A to Schedule 1 to those licences, and the conditions inserted into each of the relevant licences pursuant to this regulation are, in relation to that licence, referred to for the purposes of these Regulations as “the Interconnection Conditions.”
2
Paragraph (1)(a) shall not apply to:
a
the licence granted to British Telecommunications dated 22 June 1984; and
b
paragraphs within the condition which refer to Compliant Terminal Equipment or which refer to the reasonableness of the terms and conditions to which an agreement is subject.
3
For the purposes of the Act, the modifications of the relevant licences by paragraph (1) above shall have effect as if they were made under section 12 of the Act by the Director.
Barbara Roche,
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
9th December 1997


text:
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (Trunk Roads) (Amendment) Order 1997 and shall come into force on 8th April 1997.
2
1
The Local Authorities (Goods and Services) (Public Bodies) (Trunk Roads) Order 1996 shall be amended in accordance with the following paragraphs of this article.
2
In the definition of “ DBFO contractor” in article 2, insert at the end “and includes a sub-contractor of such person”.
3
In paragraph (c) of article 5, insert at the beginning “unless the agreement is entered into on or before 30th June 1997 and is substantially identical in form including its termination date to one purporting to subsist between a DBFO contractor and a local authority immediately prior to 8th April 1997”.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
12th March 1997
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
14th March 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (ACC Long Distance UK Limited) (No. 2) Order 1997 and shall come into force on 14th October 1997.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche,
Parliamentary Under-Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
4th September 1997


text:
1
This Order may be cited as the Combined Probation Areas (West Midlands) Order 1997 and shall come into force on 1st April 1997.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the West Midlands Probation Area shall be amended by —
a
omitting the entries in respect of the petty sessions of Halesowen and Stourbridge; and
b
inserting in alphabetical order in column 1 “Stourbridge and Halesowen”, and corresponding to this in column 3 “2”.
3
The two members of the West Midlands Probation Committee appointed before 1st April 1997 by the justices of the petty session areas of Halesowen and Stourbridge shall continue in office as if they had been appointed by justices for the new petty sessions area of Stourbridge and Halesowen .
Blatch
Minister of State
Home Office
20th March 1997


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 and shall come into force on the day after the day on which they are made.
Interpretation and notices
2
1
In these Regulations —
“ the Act ” means the Environment Act 1995;
“the 1990 Act ” means the Environmental Protection Act 1990 ;
“ the Director ” means the Director General of Fair Trading;
“energy recovery” means the use of combustible packaging waste as a means to generate energy through direct incineration with or without other waste but with recovery of the heat;
“organic recycling” means the aerobic (composting) or anaerobic (biomethanization) treatment, under controlled conditions and using micro-organisms, of the biodegradable parts of packaging waste, which produces stabilized organic residues or methane; for the purposes of these Regulations landfill shall not be considered a form of organic recycling;
“packaging” means all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods, from raw materials to processed goods, from the producer to the user or the consumer, including non-returnable items used for the same purposes but only where the products are —
sales packaging or primary packaging, that is to say packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase;
grouped packaging or secondary packaging, that is to say packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is sold as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale; it can be removed from the product without affecting its characteristics; or
transport packaging or tertiary packaging, that is to say packaging conceived so as to facilitate handling and transport of a number of sales units or grouped packagings in order to prevent physical handling and transport damage; for the purposes of these Regulations transport packaging does not include road, rail, ship and air containers;
“packaging materials” means materials used in the manufacture of packaging and includes raw materials and processed materials prior to their conversion into packaging;
“packaging waste” means any packaging or packaging material covered by the definition of waste in article 1 of Directive 75/442 EC (“the Waste Directive”) which, together with Annex 1 to that Directive, is reproduced in Part I of Schedule 3 to these Regulations, other than production residues and, by virtue of article 2(1)(b)(i) of the Waste Directive, radioactive waste;
“preceding year” has the meaning given in regulation 3;
“producer” has the meaning given in regulation 3 and the classes of producer are those set out in column 4 of the Table in Schedule 1;
“producer responsibility obligations” are the producer registration, recovery and recycling, and certifying obligations specified in regulation 3;
“recovery” means any of the applicable operations provided for in Annex IIB to the Waste Directive, reproduced in Part II of Schedule 3;
“recycling” means the reprocessing in a production process of the waste materials for the original purpose or for other purposes including organic recycling but excluding energy recovery;
“relevant year” has the meaning given in regulation 3;
“reprocessor” means a person who, in the ordinary course of conduct of a trade, occupation or profession, carries out the activities of recovery or recycling;
“reuse” means any operation by which packaging, which has been conceived and designed to accomplish within its life cycle a minimum number of trips or rotations, is refilled or used for the same purpose for which it was conceived, with or without the support of auxiliary products present on the market enabling the packaging to be refilled; such reused packaging will become packaging waste when no longer subject to reuse;
“scheme” means a scheme which is (or, if it were to be registered in accordance with these Regulations would be) a scheme whose members for the time being are, by virtue of these Regulations and their membership of that scheme, exempt from the requirement to comply with their producer responsibility obligations and “registered scheme” means a scheme which is registered with the appropriate Agency in accordance with these Regulations;
“transit packaging” means —
grouped packaging or secondary packaging, as defined in paragraph (b) of the definition of packaging in this regulation; or
transport packaging or tertiary packaging as defined in paragraph (c) of that definition of packaging; and
“year” means a calendar year beginning on 1st January.
2
Where notices are to be served on a producer under regulations 6(6), 10, and 11(3), information is to be provided by a producer under regulations 7 and 8, fees are to be paid by a producer under regulation 9(2), and records and returns are to be maintained and furnished by a producer under regulation 22, they shall be served on, provided, paid, or maintained and furnished, by
a
in the case of a partnership with a principal place of business in England and Wales, the partner notified under regulation 6(4)(e), or in accordance with the undertaking referred to in regulation 7(a)(ii), or
b
in the case of a partnership with a principal place of business in Scotland, by a partner acting on behalf of the partnership,
and references in these Regulations to the producer shall be read accordingly.
3
Where the operator of a scheme is a partnership, or where this is not the case but there is more than one operator of a scheme —
a
notices to be served on the operator of the scheme under regulations 12(6), 16, 17(3), 31(5) and (10), shall be served on the partner or operator, respectively, notified under regulation 12(3)(h), or in accordance with the condition referred to in regulation 13(d)(ii); and
b
where information is to be provided by the operator of the scheme under regulations 13 and 14, fees are to be paid by the operator of the scheme under regulation 15(3), records and returns are to be maintained and furnished by the operator of the scheme under regulation 24, and appeals may be made by the operator of the scheme under regulation 18, they shall be provided, paid, or maintained and furnished, and such appeals may only be made, by the partner or operator, respectively, notified under regulation 12(3)(h), or in accordance with the condition referred to in regulation 13(d)(ii),
and references in these Regulations to the operator of the scheme shall be read accordingly.
PART II
PRODUCERS AND OBLIGATIONS
Producers and producer responsibility obligations
3
1
This regulation is subject to regulations 4, 29 and 30.
2
In respect of a year a person is a producer of a class specified in an entry in column 4 of the Table set out in Schedule 1 if —
a
in that year and the preceding year he performs the relevant functions of the class of producer specified in Column 1 of that Table in relation to that entry;
b
in the preceding year he made supplies of the materials or products specified in Column 2 of that Table in relation to that entry of a class in Column 3 of that Table in relation to that entry; and
c
in relation to that year he satisfies the threshold tests as provided by paragraph 3 of that Schedule,
and the other provisions of that Schedule shall also have effect for the purposes of determining whether a person is a producer of any class.
3
Where in respect of a year a person is a producer and satisfies the provisions of Columns 1 to 3 of the Table in Schedule 1 in relation to more than one class of producer specified in an entry in Column 4 of that Table, whether or not in relation to the same materials or products specified in Column 2 of that Table, or the same transaction or process, for that year that person belongs to each such class.
4
For the purposes of these Regulations —
a
“relevant year” is the year referred to in paragraph (2) above, that is to say a year in respect of which a person is a producer; and
b
“preceding year” is the year immediately preceding a relevant year.
5
A person who is a producer in respect of a year has producer responsibility obligations in respect of that year, that is to say he shall —
a
be registered as provided in regulation 5 (in these Regulations referred to as the “producer registration obligation”); and
b
for the year 1998 and subsequent years —
i
take reasonable steps to recover and recycle packaging waste (in these Regulations referred to as the “recovery and recycling obligations”) in relation to each of the classes of producer to which the producer belongs, calculated as provided in Schedule 2, and
ii
furnish a certificate of compliance in respect of his recovery and recycling obligations in accordance with regulation 23 (in these Regulations referred to as the “certifying obligation”).
6
The recovery and recycling obligations of producers are to enable the United Kingdom to attain the recovery and recycling targets for Member States set out in article 6(1) of Directive 94/62/EC and those targets are set out in Schedule 10.
Exclusions and limitations
4
1
Where a producer is a member of a registered scheme throughout a relevant year —
a
the producer is exempt from complying with his producer responsibility obligations for the relevant year; and
b
the recovery and recycling obligations with which, but for his membership of the scheme, the producer would have had to comply in relation to the relevant year shall be performed through the scheme.
2
These Regulations do not apply to a charity within the meaning given in section 506 of the Income and Corporation Taxes Act 1988 .
3
The producer responsibility obligations of the producer class of wholesaler apply only in respect of the year 2000 and subsequent years.
4
A special producer as defined in Part III of Schedule 3 shall have producer responsibility obligations as provided in Part IV of that Schedule and shall provide records and returns to the appropriate Agency in accordance with Part V of that Schedule.
PART III
REGISTRATION
Producer registration obligation
5
Subject to regulations 4(3) and (4), 29 and 30, a producer shall be registered with an appropriate Agency in respect of a relevant year, or any part of that year, during which he is not a member of a registered scheme.
Application for producer registration
6
1
Subject to paragraph (3) below, a producer who is required by regulation 5 to be registered and who is not registered shall, on or before 1st April in a relevant year, make an application for producer registration to the appropriate Agency, being —
a
the Agency, where at the beginning of the relevant year the applicant’s registered office or principal place of business is in England or Wales;
b
SEPA , where at the beginning of the relevant year the applicant’s registered office or principal place of business is in Scotland; or
c
either the Agency or SEPA where at the beginning of the relevant year the applicant does not have a registered office or principal place of business in Great Britain.
2
Where the producer is a partnership, where the principal place of business of the partnership is in England or Wales, the application shall be made by all the partners, and where the principal place of business of the partnership is in Scotland, the application shall be made by any partner acting on behalf of the partnership.
3
Where —
a
the relevant year is the year 1997, the application for registration shall be made on or before 31st August 1997; or
b
any of the following occurs in a relevant year —
i
the application for registration of a scheme of which the applicant was a member is refused,
ii
the registration of a scheme of which the applicant was a member is cancelled,
iii
the applicant’s membership of a scheme is discontinued,
iv
the applicant becomes a producer in respect of that year, or
v
an application to register made within the time limit in paragraph (1) or sub-paragraph (a), above, is refused,
an application for registration shall be made within 28 days of the occurrence.
4
An application for producer registration shall —
a
be made in writing;
b
contain the initial information set out in Part I of Schedule 4;
c
subject to paragraphs (7) and (8) below, be accompanied by the further information specified in, and provided on a form corresponding to, the form set out in Part II of Schedule 4, or provided on a form substantially to that effect,
d
be accompanied by the fee referred to in regulation 9; and
e
where the applicant is a partnership whose principal place of business is in England and Wales, be accompanied by a statement as to which partner is able to accept notices and act on behalf of the partnership as provided in regulation (2).
5
An application for producer registration shall be granted where —
a
the producer has complied with paragraph (4)(a), (b), (d) and (e) above and, where applicable, paragraph (8) below;
b
the Agency is satisfied that the information provided in accordance with paragraph (4)(c) above, or (8) below, has been provided in accordance with paragraph (7) below; and
c
the producer has given the undertakings referred to in regulation 7, which have been required by the appropriate Agency;
and shall otherwise be refused.
6
Where an application for producer registration is granted —
a
the appropriate Agency shall, within 28 days of it being granted confirm to the producer in writing that he is registered with it; and
b
the producer shall be treated as having been registered from the beginning of the relevant year or, where the producer has applied to be registered for part of a year, from the date specified in the confirmation, until any cancellation of the producer’s registration in accordance with regulation 11.
7
The further information shall —
a
where the application for registration, or compliance with regulation 8, is in respect of any of the years 1997, 1998 1999, be provided using the producer’s reasonable estimates of the information required; and
b
where the application for registration, or compliance with regulation 8, is in respect of the year 2000 or any subsequent year, the information provided shall be as accurate as reasonably possible.
8
Where the application to register is made in one of the circumstances set out in paragraph (3)(b) above, the further information referred to in paragraph (4)(c) above need not accompany the application but shall be provided within 56 days of the application being made.
Requirements for producer registration
7
As requirements for producer registration the appropriate Agency may require the applicant to undertake that he will —
a
inform the appropriate Agency of —
i
any change in the circumstances of the producer which relate to the registration of the producer, and where the producer is a partnership, any change of partners;
ii
any change in the person who is the partner who is able to accept notices and act on behalf of the partnership as stated as required in regulation 6(4)(e);
iii
any material change in the initial information provided in accordance with regulation 6(4)(b), or
iv
any material change in the further information provided in accordance with regulation 6(4)(c), or (8), as the case may be, or regulation 8,
within 28 days of the occurrence of any such change;
b
comply with the requirements of regulation 8;
c
provide records and returns to the appropriate Agency as required by regulation 22; and
d
apply to the appropriate Agency to cancel his registration where he has become a member of a registered scheme or has ceased to be a producer in respect of a year.
Continuation of producer registration
8
On or before 1st April in a relevant year a producer who is registered shall provide to the appropriate Agency —
a
in accordance with regulation 6(7), the further information referred to in regulation 6(4)(c); and
b
the fee referred to in regulation 9.
Forms and fees for producer registration
9
1
The appropriate Agency shall provide a copy of any form referred to in regulation 6 free of charge to any person requesting one.
2
The fee which is to be charged by an appropriate Agency on an application for producer registration or continuation of producer registration is £750.
Refusal to register producers
10
Any decision of the appropriate Agency under regulation 6(5) to refuse to register a producer shall be notified within 28 days of the decision to the producer in writing together with the reasons for the decision and a statement as to the offence specified in regulation 34(1)(a).
Cancellation of registration of producers
11
1
An appropriate Agency may cancel the registration with it of a producer where —
a
the information or the fee required by regulation 8 are not provided;
b
it appears to the appropriate Agency that —
i
the producer is in breach of any of the undertakings referred to in regulation 7 and given by him to that Agency,
ii
the producer knowingly supplied false information in connection with his application for registration, or with compliance with any undertaking referred to in regulation 7, or with regulation 8; or
iii
information provided pursuant to regulation 8 was not provided in accordance with regulation 6(7).
2
An appropriate Agency shall cancel the registration with it of a producer where it is notified that the producer has become a member of a registered scheme or has otherwise ceased to be subject to the producer registration obligation in respect of a year.
3
Before cancellation of a registration under paragraphs (1) or (2) above, an appropriate Agency shall serve on the producer concerned written notice of —
a
its decision to cancel;
b
the reasons for the decision; and
c
the date when cancellation will take effect, not being earlier than —
i
in the case of cancellation under paragraph (1) above, 28 days from the date of the notice, and
ii
in the case of cancellation under paragraph (2) above, 5 days from the date of the notice.
Application for registration of a scheme
12
1
Subject to paragraph (8) below, an application for registration of a scheme in relation to a year shall be made by the operator of the scheme, on or before 1st April in the year, to the appropriate Agency, being —
a
the Agency, where at the date of the application the registered office or principal place of business of the operator of the scheme is in England or Wales;
b
SEPA, where at the date of the application the registered office or principal place of business of the operator of the scheme is in Scotland; or
c
either the Agency or SEPA, where at the date of the application the operator of the scheme does not have a registered office or principal place of business in Great Britain, or there is more than one operator of the scheme and such operators have registered offices or principal places of business in England and Wales, and in Scotland.
2
Where the operator of the scheme is a partnership the application for registration shall, where at the date of the application the principal place of business of the partnership is in England and Wales, be made by all the partners, and where at that date the principal place of business of the partnership is in Scotland, be made by any partner acting on behalf of the partnership.
3
An application for registration of a scheme shall —
a
be made in writing;
b
contain the initial information set out in Part III of Schedule 4;
c
subject to paragraph (7) below, be accompanied by the information specified in, and provided on a form corresponding to, the form set out in Part II of Schedule 4, or provided on a form substantially to that effect, for each class of producer, and aggregating the information in relation to all of the scheme’s members who belong to that class;
d
be accompanied by a published statement as provided in Part IV of Schedule 4;
e
be accompanied by an operational plan for the scheme as provided in Part IV of Schedule 4;
f
be accompanied by an undertaking by the operator of the scheme that the conditions referred to in regulation 13 will be complied with;
g
be accompanied by a fee calculated as provided in regulation 15; and
h
where the operator of the scheme is a partnership whose principal place of business is in England and Wales, or where there is more than one operator of the scheme, be accompanied by a statement as to which partner or operator, respectively, is able to accept notices or act on behalf of all the partners, or all the operators of the scheme, as the case may be, as provided in regulation 2 above.
4
A scheme shall not be registered unless it has been approved by the Secretary of State and the operator of the scheme has been notified under regulation 31(5) that it meets the requirements of competition scrutiny referred to in regulation 31, and the operator of the scheme shall supply evidence of that approval and notification to the appropriate Agency —
a
where such approval or notification is obtained before making the application to register the scheme, at the time of the application; or
b
where such approval or notification is obtained after the application to register is made, as soon as possible after receipt.
5
An application for registration shall be granted where —
a
the operator has complied with paragraphs (3)(a), (b), (d)(, (f), (g) and (h) and (4) above;
b
the appropriate Agency is satisfied that the information provided in accordance with paragraph (3)(c) above, has been provided in accordance with paragraph (7) below; and
c
the appropriate Agency is satisfied as to the contents of the operational plan provided as required by paragraph (3)(e) above and shall otherwise be refused.
6
Where an application for registration of a scheme is granted —
a
the appropriate Agency shall, within 28 days of it being granted confirm to the operator of the scheme in writing that the scheme is registered with it; and
b
the scheme shall be treated as registered from the beginning of the year of application until any cancellation of the scheme’s registration in accordance with regulation 17, except that for the purposes of regulations 32 and 33 the scheme shall be treated as registered from the date of confirmation until any such cancellation.
7
The further information shall —
a
where the application for registration, or compliance with regulation 14, is in relation to any of the years 1997, 1998 or 1999 be provided using the reasonable estimates of the operator of the scheme; and
b
where the application for registration, or compliance with regulation 14, is in relation to the year 2000 or any subsequent year, be as accurate as reasonably possible.
8
Where an application for registration is made in the year 1997 the application shall be made on or before 31st August 1997,
Conditions of registration of a scheme
13
Registration of a scheme shall be subject to the following conditions —
a
that the recovery and recycling obligations of all of its members referred to in regulation 4(1)(b) will be performed through the scheme;
b
that the operator of the scheme will provide information at the request of the appropriate Agency with regard to the obligations referred to in paragraph (a) above;
c
that the operator of the scheme will notify the appropriate Agency in writing at intervals as required by the Agency of any change in the membership of the scheme and that any such notification will be accompanied by the additional fee calculated as provided in regulation 15(3);
d
that the operator of the scheme will inform the appropriate Agency in writing of —
i
any change in the person who is the operator of the scheme, and in the case where the operator of the scheme is a partnership, or where there is more than one operator of a scheme, any change of partners or operators,
ii
any change in the person who is the partner or operator who is able to accept notices and act on behalf of the partners or operators as stated as provided in regulation 12(3)(h),
iii
any material change in the initial information provided in accordance with regulation 12(3)(b), or
iv
any material change in the further information provided in accordance with regulations 12(3)(c) or 14,
within 28 days of the occurrence of any such change;
e
that the operator of the scheme will comply with the requirements of regulation 14;
f
that the operator of the scheme will provide records and returns to the appropriate Agency as required by regulation 24; and
g
that the operator of the scheme will inform the appropriate Agency in writing if the Secretary of State withdraws approval of the scheme or notifies the operator under regulation 31(10) that he has ceased to be satisfied that the scheme meets the requirements of competition scrutiny.
Continuation of registration of a scheme
14
On or before 1st April in a relevant year and in respect of a scheme which is registered, the operator of the scheme shall provide to the appropriate Agency —
a
in accordance with regulation 12(7), the further information referred to in regulation 12(3)(c); and
b
a fee calculated as provided in regulation 15.
Forms and fees for registration of a scheme
15
1
The appropriate Agency shall provide a copy of any form referred to in regulation 12 free of charge to any person requesting one.
2
The fee which is to be charged by an appropriate Agency on an application for registration of a scheme, and under regulation 14, is calculated as follows —
A × B = F
where —
A is the number of members of the scheme at the date of the application, or the date of compliance with regulation 14, whichever is applicable,
B is an amount calculated by reference to the number of members of the scheme at that date as follows —
2 to 500 members £600 501 to 1500 members £450 1501 to 3000 members £300 Over 3000 members £100, and
F is the fee.
3
The fee which is to be paid by an operator of a scheme in compliance with the condition referred to in regulation 13(c) is calculated as follows —
A × B = AF
where —
A is the number of new members of the scheme which are the subject of the notification,
B is the amount referred to in B in paragraph (2) above except that it is calculated by reference to the number of members of the scheme at the date of notification to the appropriate Agency, and
AF is the fee.
Refusal to register a scheme
16
Any decision of the appropriate Agency under regulation 12(5) to refuse to register a scheme shall be notified, within 28 days of the decision, to the operator of the scheme in writing together with —
a
the reasons for the decision;
b
a statement as to the right of appeal under Part IV of these Regulations; and
c
a statement as to the offence specified in regulation 34(1)(a).
Cancellation of registration of a scheme
17
1
Subject to the right of appeal under Part IV of these Regulations, the appropriate Agency may cancel the registration with it of a scheme where —
a
the information or the fee required by regulation 14 are not provided; or
b
it appears to the appropriate Agency that —
i
any of the conditions referred to in regulation 13 has been broken,
ii
the operator knowingly supplied false information in connection with the application for registration, or with compliance with the conditions referred to in regulation 13, or with regulation 14, or
iii
information provided pursuant to regulation 14 was not provided in accordance with regulation 12(7).
2
An appropriate Agency shall cancel the registration with it of a scheme if the Secretary of State withdraws his approval of the scheme or gives notice under regulation 31(10) that he has ceased to be satisfied that the scheme meets the requirements of competition scrutiny.
3
Before the cancellation of a registration an appropriate Agency shall serve on the operator of the scheme written notice of —
a
its decision under paragraph (1) or (2) above to cancel the registration;
b
the reasons for the decision;
c
where the decision is made under paragraph (1) above, the right of appeal under Part IV of these Regulations; and
d
the date when cancellation will take effect, not being earlier than —
i
in the case of cancellation under paragraph (1) above, the expiration of the time limit for an appeal against the notice provided for in paragraph 2 of Schedule 5, or
ii
in the case of cancellation under paragraph (2) above, 5 days from the date of the notice.
PART IV
REGISTRATION OF SCHEMES — APPEALS
Right of appeal
18
The operator of a scheme may appeal to the Secretary of State against a decision of the appropriate Agency —
a
to refuse registration under regulation 12(5), except where the refusal arises from failure to comply with regulation 12(4); or
b
to cancel registration under regulation 17(1).
Procedure of appeals
19
1
Where an appeal is made to the Secretary of State, he may —
a
appoint any person to exercise on his behalf, with or without payment, the function of determination of the appeal; or
b
refer any matter involved in the appeal to such person as the Secretary of State may appoint for the purpose, with or without payment.
2
If the operator of the scheme so requests, or the Secretary of State so decides, the appeal shall be or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held or held to any extent in private).
3
Schedule 5 shall have effect with respect to the procedure on any such appeal.
Determination of appeals
20
Where, on such an appeal, the Secretary of State determines that the decision of the appropriate Agency shall be altered it shall be the duty of the appropriate Agency to give effect to the determination.
Status pending appeal
21
Where an appeal is pending in a case falling within regulation 17(1), the decision to cancel registration shall be ineffective until the appeal is disposed of; and if the appeal is dismissed or withdrawn the decision shall become effective from the end of the day on which the appeal is dismissed or withdrawn.
PART V
RECORDS, RETURNS AND CERTIFICATE
Producers — records and returns
22
1
A producer who is subject to the certifying obligation shall maintain, and retain for at least 4 years after the record is made, records of the information referred to in paragraph (2) below and shall, at the same time as he furnishes a certificate of compliance to the appropriate Agency in accordance with regulation 23, make a return to that Agency of that information.
2
The information is, in respect of the year 1998 and subsequent years —
a
the amount in tonnes, to the nearest tonne, of packaging waste provided to a reprocessor by or on behalf of the producer;
b
the amount in tonnes, to the nearest tonne, of each packaging material comprised in the packaging waste referred to in sub-paragraph (a) above, received by a reprocessor from the producer or a person acting on the producer’s behalf; and
c
the dates on which, and the name and address of the reprocessor to which, the packaging waste referred to in sub-paragraph (a) above, was so provided.
3
For the purposes of paragraph (2) above, for the year 1998 and subsequent years, packaging materials means the materials mentioned in paragraph 6(1)(b) of Schedule 2.
Producers — certifying obligation
23
1
Subject to regulations 4 and 29, a producer shall furnish in accordance with this regulation a certificate of compliance to the appropriate Agency.
2
A certificate of compliance shall be furnished as evidence of whether or not the producer has complied with its recovery and recycling obligations for a relevant year and shall be furnished on or before 31st January in the year immediately following the relevant year.
3
The provisions of Schedule 6 shall apply as regards the information to be contained in a certificate of compliance.
Schemes — records and returns
24
1
The operator of a scheme shall maintain, and retain for at least 4 years after they are made, records of the information referred to in paragraphs (2) and (3) below, and make returns of the information referred to in paragraph (3) below to the appropriate Agency upon request.
2
In respect of the year 1997 the information is, for each producer which is a member of the scheme in that year, the information referred to in regulations 12(3)(c) and 14, together with any changes notified in accordance with the condition referred to in regulation 13(d)(iv).
3
In respect of the year 1998 and subsequent years the information is, in addition to the information referred to in paragraph (2) above —
a
the amount in tonnes, to the nearest tonne, of packaging waste provided to a reprocessor through the scheme;
b
the amount in tonnes, to the nearest tonne, of each packaging material comprised in the packaging waste referred to in sub-paragraph (a) above, provided to a reprocessor through the scheme; and
c
the dates on which, and the name and address of the reprocessor to which, the packaging waste referred to in sub-paragraph (a) above was so provided.
4
For the purposes of paragraph (3) above, for the year 1998 and subsequent years packaging materials means the materials mentioned in paragraph 6(1)(b) of Schedule 2.
PART VI
AGENCIES' POWERS & DUTIES
Monitoring
25
1
An appropriate Agency shall monitor in accordance with this regulation —
a
compliance with their producer responsibility obligations by persons who are or may be producers; and
b
the discharge through schemes registered with it of the obligations of their members referred to in regulation 4(1)(b).
2
The duty referred to in paragraph (1) above includes a duty to monitor —
a
the registration of producers as required by regulation 5;
b
the accuracy of the initial information and the further information provided by producers and referred to in regulations 6 and 8, together with any changes notified in accordance with the undertakings referred to in regulation 7(a)(iii) and (iv);
c
the accuracy of the returns furnished to the Agency by a producer under regulation 22 or Part V of Schedule 3;
d
the accuracy of the information contained in certificates of compliance furnished to the Agency under regulation 23;
e
the accuracy of the initial information and the further information provided by an operator of a scheme and referred to in regulations 12 and 14, together with any changes notified in accordance with the conditions referred to in regulation 13(d)(iii) and (iv); and
f
the accuracy of the returns provided to the Agency by an operator of a scheme under regulation 24.
Public register
26
1
The appropriate Agency shall maintain and make available in accordance with this regulation a register relating to the producers and schemes registered with it in accordance with regulations 5 to 16 and containing —
a
the information relating to producer registration prescribed in paragraph 1 of Schedule 7; and
b
the information relating to registration of schemes prescribed in paragraph 2 of Schedule 7.
2
The appropriate Agency shall —
a
secure that the register is open for inspection at its principal office by members of the public free of charge at all reasonable hours; and
b
permit members of the public to obtain copies of entries in the register on payment of reasonable charges.
3
The register may be kept in any form but shall be indexed and arranged so that members of the public can readily trace information contained in it.
4
An appropriate Agency shall amend the relevant entry in the register to record any change to the information entered and shall note the date on which the amendment is made.
5
Nothing in this regulation shall require a register maintained by an appropriate Agency to contain information relating to, or to anything which is the subject-matter of, any criminal proceedings (including prospective proceedings) at any time before those proceedings are finally disposed of.
6
Nothing in this regulation shall require a register maintained by an appropriate Agency to contain any information which has been superseded by later information after 4 years have elapsed from that later information being entered in the register.
Approval of persons to issue certificates of compliance
27
For the purposes of issuing certificates of compliance an appropriate Agency may approve —
a
where the producer is an individual, that individual;
b
where the producer is a partnership, a partner; or
c
where the producer is a company, a director of that company.
Entry and inspection
28
1
A person who appears suitable to an appropriate Agency may be authorised in writing by that Agency for the purposes of its functions under these Regulations to exercise the powers of entry and inspection referred to in paragraph (2) below.
2
The powers of entry and inspection are those set out in section 108(4)(a) to (l) of the Act (powers of enforcing authorities and persons authorised by them) and for this purpose section 108(4) shall be read as if references to the authorised person were references to the appropriate Agency’s servant or agent and as if —
a
the words “(or, in an emergency, at any time and, if need be, by force)” in section 108(4)(a) were omitted;
b
the power set out in section 108(4)(b) were omitted;
c
the reference to measurements in section 108(4)(e) were omitted;
d
the reference in section 108(4)(f) to articles or substances in relation to which samples may be taken were to records and packaging and packaging materials and as if the power in that paragraph to take samples of the air, water or land in, on, or in the vicinity of, the premises were omitted;
e
the power set out in section 108(4)(g) were omitted;
f
the reference in section 108(4)(h) to any article or substance were to any sample as is mentioned in paragraph (d) above and as if the reference to an offence in section 108(4)(h)(iii) were to an offence under regulation 34 of these Regulations;
g
the reference to records in section 108(4)(k)(i) were to the records and returns required to be kept and provided to the appropriate Agency under regulations 22 and 24 and Part V of Schedule 3; and
h
the reference to the power in section 108(l) were to the power conferred by this regulation.
3
The provisions of section 108(6) and (7) of the Act shall apply to the powers conferred by paragraphs (1) and (2) above as they apply to the powers conferred by section 108(4) of the Act, but as if any reference to an authorised person were to the appropriate Agency’s servant or agent, and as if —
a
in section 108(6) and (7) the words “except in an emergency” were omitted; and
b
in section 108(6) the words “or to take heavy equipment on to any premises” were omitted.
4
The provisions of section 108(12) and (13) of the Act shall apply to the powers conferred by paragraphs (1) and (2) above as they apply to the powers conferred by section 108(4) of the Act.
5
The provisions of paragraphs 2 to 6 of Schedule 18 to the Act (supplemental provisions with respect to powers of entry) shall apply to the powers conferred by this regulation as they apply to the powers conferred by section 108 of the Act, but as if any reference —
a
to a designated person were to a person authorised in writing by an appropriate Agency to exercise on its behalf any power conferred by this regulation;
b
to a relevant power were to a power conferred by this regulation, including a power exercisable by virtue of a warrant under the provisions of that Schedule as applied by this paragraph;
c
in paragraph 2(3) to subsection (6) of section 108 of the Act were to paragraph (2) of this regulation;
d
in paragraph 4(1) to section 108(12) of the Act were to paragraph (4) of this regulation; and
e
in paragraph 6(1) to section 108(4)(a) or (b) or (5) of the Act were to paragraph (1)(a) or (b) of this regulation.
6
In this regulation “warrant” means a warrant under the provisions set out in Schedule 18 to the Act as applied by paragraph (5) above.
PART VII
GROUPS OF COMPANIES AND MID-YEAR CHANGES
Groups of companies
29
The provisions of Schedule 8 shall apply with regard to groups of companies as defined in that Schedule.
Mid-year changes
30
The provisions of Schedule 9 shall apply with regard to changes in a year in respect of a person who is a producer in respect of that year and any change in membership of a group of companies or of a scheme by such a producer, or other event affecting a producer in the relevant year.
PART VIII
COMPETITION SCRUTINY
Competition scrutiny
31
1
For the purposes of this regulation, the requirements of competition scrutiny in relation to a scheme are that —
a
the scheme does not have, and is not likely to have, the effect of restricting, distorting or preventing competition or, where it appears to the Secretary of State that the scheme has or is likely to have any such effect, the effect is or is likely to be no greater than is necessary for achieving the environmental or economic benefits mentioned in section 93(6) of the Act; and
b
the scheme does not lead, and is not likely to lead, to an abuse of market power.
2
An operator who intends to apply for registration of a scheme under regulation 12 shall apply to the Director for the purpose of competition scrutiny, and shall submit with the application the information referred to in regulation 12(3)(h) and the information set out in Part III of Schedule 4.
3
The Director shall advise the Secretary of State whether, in the Director’s opinion, the Secretary of State may be satisfied that the scheme meets the requirements of competition scrutiny.
4
For the purpose of the Director’s advice under paragraph (3) above or (8) below as to whether, in his opinion, a scheme may meet or no longer meets the requirements of competition scrutiny, the words “where it appears to the Director” shall be substituted for the words “where it appears to the Secretary of State” in paragraph (1)(a) above.
5
If, after considering the advice of the Director, the Secretary of State decides that he is satisfied that the scheme meets the requirements of competition scrutiny, he shall give notice in writing to the appropriate Agency, and to the operator of the scheme to that effect.
6
The Secretary of State shall send a copy of any notice given under paragraph (5) above to the Director.
7
The Director shall keep under review the operation of —
a
any registered scheme; and
b
any scheme in respect of which an application for registration is pending and the Secretary of State has given notice under paragraph (5) above.
8
Subject to paragraph (9) below, if at any time the Director is of the opinion that any scheme whose operation he is keeping under review no longer meets the requirements of competition scrutiny, he shall advise the Secretary of State of his opinion and the reasons therefor.
9
Paragraph (8) above shall not require the Director to repeat advice in respect of any scheme which he has previously given under paragraphs (3) or (8) above in respect of that scheme unless there has been a material change of circumstances since the advice was given.
10
If at any time after giving a notice under paragraph (5) above the Secretary of State decides, after considering any advice on the matter from the Director, that he has ceased to be satisfied that the scheme meets the requirements of competition scrutiny, he shall give notice to the appropriate Agency and to the operator of the scheme to that effect.
11
The Secretary of State shall send a copy of any notice given under paragraph (10) above to the Director.
12
For the purposes of, or otherwise in connection with, competition scrutiny, the Director may, by notice in writing, require any person to provide within a specified time such information as may be specified or described in the notice and which that person has, or which he may at any future time acquire, relating to any scheme or to any acts or omissions of an operator of such a scheme or of any person dealing with such an operator.
PART IX
THE RESTRICTIVE TRADE PRACTICES ACT 1976
The 1976 Act
32
1
In this Part “the 1976 Act” means the Restrictive Trade Practices Act 1976 .
2
The 1976 Act shall not apply to any agreement for the constitution of a body (whether corporate or unincorporated) which operates a registered scheme by reason of —
a
any term of the agreement; or
b
any implied term deemed to be contained in the agreement by virtue of section 8(2) or section 16(3) of the 1976 Act;
being in either case a term which is required or contemplated by that scheme.
3
Where an agreement ceases by virtue of this regulation to be subject to registration under the 1976 Act —
a
the Director shall remove from the register maintained by him under the 1976 Act any particulars which are entered or filed in that register in respect of the agreement; and
b
any proceedings in respect of the agreement which are pending before the Restrictive Practices Court shall be discontinued.
4
Where an agreement which has been exempt from registration under the 1976 Act by virtue of paragraph (2) above ceases to be exempt in consequence of the cancellation of the registration of a scheme under regulation 17, the time within which particulars of the agreement are to be furnished in accordance with section 24 of and Schedule 2 to the 1976 Act shall be the period of one month beginning with the day on which the agreement ceased to be exempt from registration under the 1976 Act.
Agreements to which the 1976 Act applies
33
1
In this regulation, “the Court”, “information provision” and “restriction” have the same meanings as they have in the 1976 Act.
2
This regulation applies to an agreement to which the 1976 Act applies —
a
at least one of the parties to which is an operator of a registered scheme; and
b
which is made for the purposes of that scheme.
3
If it appears to the Secretary of State —
a
that the restrictions in an agreement to which this regulation applies do not have and are not intended or likely to have the effect of restricting, distorting or preventing competition; or
b
in a case where all or any of those restrictions have, or are intended or likely to have, that effect, that the effect is not greater than is necessary for achieving the environmental or economic benefits mentioned in section 93(6) of the Act;
he may give a direction to the Director requiring him not to make an application to the Court under Part 1 of the 1976 Act in respect of the agreement.
4
If it appears to the Secretary of State that one or more (but not all) of the restrictions in an agreement to which this regulation applies —
a
do not have, and are not intended or likely to have, the effect mentioned in paragraph (3) above; or
b
if they have, or are intended or likely to have, that effect, that the effect is not greater than is necessary for achieving the benefits mentioned in paragraph (3) above,
he may make a declaration to that effect and give notice of it to the Director and to the Court.
5
The Court shall not in any proceedings begun by an application made after notice has been given to it of a declaration under this regulation make any finding or exercise any power under Part 1 of the 1976 Act in relation to a restriction in respect of which the declaration has effect.
6
Before making an application to the Court under Part 1 of the 1976 Act in respect of an agreement to which this regulation applies, the Director shall —
a
notify the Secretary of State of his intention to do so and give him particulars of the agreement together with such other information as he considers will assist the Secretary of State in deciding whether to exercise his powers under this regulation, or as the Secretary of State may request; and
b
advise the Secretary of State as to his opinion —
i
of the effects or likely effects on competition of the restrictions in the agreement, and
ii
as to whether any such effects are necessary for achieving the benefits mentioned in paragraph (3) above.
7
The Director shall not make an application to the Court under Part 1 of the 1976 Act in respect of an agreement to which this regulation applies unless the Secretary of State has either notified him that he does not intend to give a direction or make a declaration under this regulation or has given him notice of a declaration in respect of it.
8
The Secretary of State may —
a
revoke a direction or declaration under this regulation;
b
vary any such declaration; or
c
give a direction or make a declaration notwithstanding a previous notification to the Director that he did not intend to give a direction or make a declaration,
if he is satisfied that there has been a material change of circumstances since the direction, declaration or notification was given.
9
The Secretary of State shall give notice to the Director of the revocation of a direction and to the Director and the Court of the revocation or variation of a declaration; and no such variation shall have effect so as to restrict the powers of the Court in any proceedings begun by an application already made by the Director.
10
A direction or declaration under this regulation shall cease to have effect if the agreement in question ceases to be an agreement to which this regulation applies.
11
This regulation applies to information provisions as it applies to restrictions.
PART X
OFFENCES
Offences and penalties
34
1
Subject to paragraph 5 of Schedule 8, a producer who contravenes a requirement of —
a
subject to paragraph (2) below, regulation 3(5)(a);
b
regulation 3(5)(b)(i); or
c
regulation 3(5)(b)(ii),
is guilty of an offence.
2
A producer is not guilty of an offence under paragraph (1)(a) above in respect of any period during which, under regulation 6(6), he is treated as having been registered.
3
A person who —
a
furnishes a certificate of compliance under regulation 23 and either —
i
knows the information provided in or in connection with the certificate to be false or misleading in a material particular, or
ii
furnishes such information recklessly and it is false or misleading in a material particular;
b
fails without reasonable excuse to furnish any information required by the Director in accordance with regulation 31(12); or
c
furnishes any information to the appropriate Agency in connection with its functions under these Regulations, or to the Secretary of State or to the Director in connection with the functions of either of them under Part VIII of these Regulations, and either —
i
knows the information to be false or misleading in a material particular, or
ii
furnishes such information recklessly and it is false or misleading in a material particular,
is guilty of an offence.
4
A person who intentionally delays or obstructs a person authorised by an appropriate Agency in the exercise of powers referred to in regulation 28 is guilty of an offence.
5
A person guilty of an offence under any of paragraphs (1) to (4) above shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
John Gummer
Secretary of State for the Environment
5th March 1997
Lindsay
Parliamentary Under-Secretary of State, Scottish Office
5th March 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Pension Scheme (London Boroughs Children’s Regional Planning Committee) Regulations 1997 and shall come into force on 28th February 1997 (in these Regulations referred to as “the commencement date”) but regulation 2 has effect from 1st March 1986.
2
In these Regulations “the principal Regulations ” means the Local Government Pension Scheme Regulations 1995 and, unless the context otherwise requires, expressions which are also used in the principal Regulations have the same meaning as they have in those Regulations.
Meaning of appropriate pension fund
2
After paragraph (c) of regulation C1(1) of the principal Regulations there shall be inserted —
cc
in relation to employees of the London Boroughs Children’s Regional Planning Committee (as defined in regulation B18), the fund maintained by the London Borough of Camden;.
Power to increase period of membership on termination of employment on redundancy etc
3
Regulation B18 of the principal Regulations shall be amended —
a
in paragraph (5), by substituting for the words “before 1st April 1996” the following —
where the relevant employing authority is the Commission for New Towns or an urban development corporation, before 1st April 1996; and
where the relevant employing authority is the London Boroughs Children’s Regional Planning Committee, before the dissolution of that committee.
; and
b
in paragraph (9), by adding —
c
the London Boroughs Children’s Regional Planning Committee which in these Regulations means the joint committee established on 8th December 1983 by the thirty two London Boroughs and the City of London Corporation pursuant to section 31 of the Child Care Act 1980 and sections 101 and 102 of the Local Government Act 1972 .
Valuations of pension fund
4
1
The London Borough of Camden shall obtain an actuarial valuation of the liabilities as at 1st January 1997 of the London Boroughs Children’s Regional Planning Committee (“the Committee”) as respects the pension fund maintained by the London Borough of Camden and shall send copies of it to the Committee and to the Secretary of State as soon as is reasonably practicable.
2
As soon as is reasonably practicable after the London Borough of Camden have obtained such a valuation, they shall obtain an actuary’s certificate specifying the sum to be paid by the Committee in respect of its liabilities (if any) to the pension fund (excluding any sums payable or to be payable by the Committee under regulation L13 (3A)) in respect of the pensions payable by, and other liabilities of, the fund in respect of former employees of the Committee and those persons who, under the principal Regulations, are or may become entitled to benefit through them.
3
The Committee shall, as soon as reasonably practicable after production of such actuary’s certificate, pay to the pension fund maintained by the London Borough of Camden the sum specified in such certificate as the amount due from the Committee and, upon that being done, the Committee shall have no liability to make any further payments to the pension fund (except for any outstanding liability for payments under regulation L13 (3A)).
Elections
5
1
Where —
a
apart from this regulation, the amendments made by regulation 3 would place any person in a worse position than he would otherwise be, and
b
that person so elects by notice in writing given to the London Borough of Camden within the period of six months beginning with the date on which any relevant resolution under regulation B18 or any resolution under regulation B19 of the principal Regulations is passed in relation to him,
then the principal Regulations shall have effect in relation to him as if those amendments had never been made.
2
For the purposes of paragraph (1) a resolution under B18 of the principal Regulations is a relevant resolution if the person in respect of whom it is passed ceased to hold his employment before the commencement date.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
3rd February 1997


text:
Citation and commencement
1
This Order may be cited as the West Cheshire National Health Service Trust Dissolution Order 1997 and shall come into force on 1st April 1997.
Dissolution of NHS trust
2
The West Cheshire National Health Service Trust established by the West Cheshire National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
13th March 1997


text:
Citation
1
This Order may be cited as the Social Security Act 1990 (Commencement No.6) Order 1997.
Appointed day
2
9th June 1997 is appointed as the day for the coming into force of the following provisions of the Social Security Act 1990:–
a
section 15(11);
b
Schedule 7, so far as relating to the repeal of sections 252 and 253 of the Housing (Scotland) Act 1987 ; and
c
section 21(2), so far as relating to the provisions mentioned in paragraph (b) above.
Malcolm Chisholm
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
21st May 1997