text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Banking Act 1987 (Exempt Transactions) (Amendment) Regulations 1997 and shall come into force on 21st August 1997.
2
In these Regulations “the principal Regulations” shall mean the Banking Act 1997 (Exempt Transactions) Regulations 1997 .
Amendment of principal Regulations
2
Regulation 14 of the principal Regulations shall be amended by substituting for paragraph (1) the following paragraph —
1
Where a relevant debt security issued in relation to the acceptance of a deposit intended to be an exempt transaction under regulation 13(1) or (3) above is commercial paper or a shorter term debt security or where it is a longer term debt security and in that case the requirements in regulation 13(4)(c), (d), (f) or (g) above apply, the relevant debt security shall meet the following requirements —
a
a single debt security shall be issued in consideration of the acceptance of the deposit, in the form of commercial paper or, as the case may be, a shorter term debt security or a longer term debt security; and
b
the redemption value of the relevant debt security shall be not less than £100,000 (or an amount of equivalent value denominated wholly or partly otherwise than in sterling); and
c
the whole or part of the relevant debt security may be transferred only if the redemption value of each such debt security or of the part of it being transferred is not less than £100,000 (or an amount of equivalent value denominated wholly or partly otherwise than in sterling).
.
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
29th July 1997


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
This Order may be cited as The A23 Trunk Road (Croydon) Red Route Traffic Order 1997 Variation Order 1997, and shall come into force on 1st December 1997.
Variations
2
The A23 Trunk Road (Croydon) Red Route Traffic Order 1997 is varied as provided by the following provisions of this Order.
3
In the title preceding article 10 the word “Suspension” is substituted with the word “Revocation”.
4
For Article 10(1) substitute —
10
1
The Croydon (Waiting and Loading Restriction) Order 1977, Order No. 23; the Croydon (Waiting and Loading Restriction) Order 1991, Order No. 20; the Croydon (Waiting and Loading Restriction) Order 1991, Order No. 27; the Croydon (Waiting and Loading Restriction) Order 1991, Order No. 34; and the Croydon (Waiting and Loading Restriction) Order 1993, Order No. 23; as amended, are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
5
Article 10(2) is deleted.
6
In the table in Schedule 2B for item 8 substitute —
Brighton Road, Purley – north west side, between a point 2 metres south west of the party wall between Nos. 102 and 104 Brighton Road and a point level with the party wall of Nos. 116 and 118 Brighton Road.
7
In the table in Schedule 2D item 1 is deleted.
8
In the table in Schedule 3B for item 2 substitute —
between a point level with the party wall of Nos. 116 and 118 Brighton Road and a point 15 metres south west of that point.
9
In the table in Schedule 4 item 43 is deleted.
TRO 296
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
19th November 1997


text:
1
The Regulations may be cited as the Dual-Use and Related Goods (Export Control) (Amendment) Regulations 1997 and shall come into force on 7th March 1997.
2
1
Subparagraph (i) of each of paragraph (a) and paragraph (b) of regulation 5 of the Dual-Use and Related Goods (Export Control) Regulations 1996 is hereby revoked.
2
At the end of paragraph (a) of the said regulation 5 there shall be added the following subparagraph:
iii
any aircraft the immediately preceding importation of which was on a scheduled journey and which is intended for further scheduled journeys;
.
3
The following amendments are hereby made to Schedule 2 to the said Regulations of 1996:
a
in entries 1B915, 3A990 and 9A991, the words “Group 1 of” are revoked;
b
in entry 1B915, for the words “that Group” there are substituted the words “that Part”;
c
in entry 9A990, for the words “and “Annex I”” there are substituted the words “or in entry ML10 of Part III of Schedule 1 to the Export of Goods (Control) Order 1994 or “Annex I””;
d
in entry 9A991, for the words “not more” there is substituted the word “less”.
Anthony Nelson
Minister for Trade,
Department of Trade and Industry
13th February 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Allocation of Housing and Homelessness (Amendment) Regulations 1997.
2
These Regulations shall come into force as follows —
a
regulation 1 on 28th March 1997;
b
regulations 2 and 3 on 1st April 1997;
c
regulations 4 and 5 on 28th March 1997;
d
regulation 6(a) on 1st April 1997; and
e
regulation 6(b) and (c) 28th March 1997.
3
In these Regulations —
“the Allocation Regulations ” means the Allocation of Housing Regulations 1996 ;
“the Homelessness Regulations ” means the Homelessness Regulations 1996 ; and
“the Review Regulations ” means the Allocation of Housing and Homelessness (Review Procedures and Amendment) Regulations 1996 .
Classes of persons subject to immigration control who are qualifying persons
2
1
In regulation 4 of the Allocation Regulations, in the description of Class C, after “condition”, insert “and who is habitually resident in the Common Travel Area”.
2
In regulation 4 of the Allocation Regulations, at the end, insert —
Class CA — a person who is —
a national of a state which is a signatory to the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953) or a state which is a signatory to the Council of Europe Social Charter (signed in Turin on 18th October 1961); and
habitually resident in the Common Travel Area.
.
Classes prescribed under section 161(3) who are not qualifying persons
3
In regulation 6 of the Allocation Regulations, in the description of Class F, omit paragraph (i).
Classes of persons subject to immigration control who are eligible for housing assistance
4
1
Regulation 3 of the Homelessness Regulations is amended as follows.
2
At the beginning, insert “(1)”.
3
For the description of Class D, substitute —
a person (other than a person falling within Class B) —
who on or before 4th February 1996 made a claim for asylum;
who was on that date entitled to benefit under the Housing Benefit (General) Regulations 1987 ; and
either —
whose claim has not been recorded by the Secretary of State as having been determined or abandoned; or
whose claim has been recorded as determined on or before 4th February 1996; and
whose appeal in respect of that claim was pending on 5th February 1996 or was made within the time limits specified in the rules of procedure made under section 22 of the 1971 Act; and
whose appeal in respect of that claim has not been determined or abandoned.
.
4
In the description of Class F, after “condition”, insert “and who is habitually resident in the Common Travel Area”.
5
At the end, insert —
Class G — a person who is —
a national of a state which is a signatory to the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953) or a state which is a signatory to the Council of Europe Social Charter (signed in Turin on 18th October 1961); and
habitually resident in the Common Travel Area.
Class H — a person who is on an income-based jobseeker’s allowance or in receipt of income support.
2
For the purposes of the description of Class H —
a
“an income-based jobseeker’s allowance” has the meaning given in section 1(4) of the Jobseekers Act 1995 ;
b
“income support” has the same meaning as in the Social Security Contributions and Benefits Act 1992 ; and
c
a person is on an income-based jobseeker’s allowance —
i
on any day in respect of which an income-based jobseeker’s allowance is payable to him; and
ii
on any day —
aa
in respect of which he satisfies the conditions for entitlement to an income-based jobseeker’s allowance but where the allowance is not paid in accordance with section 19 of the Jobseekers Act 1995 (circumstances in which a jobseeker’s allowance is not payable); or
bb
which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Act and which falls immediately before a day in respect of which an income-based jobseeker’s allowance is payable to him or would be payable to him but for section 19 of that Act.
.
Descriptions of persons from abroad who are to be treated as persons from abroad ineligible for housing assistance
5
In regulation 4 of the Homelessness Regulations, omit paragraph (a)(i).
Procedure on a review
6
In the Review Regulations —
a
in regulation 6(a), insert, after “made”, “under regulation 5”;
b
in regulation 8(1)(a), insert, after “made”, “under regulation 7”; and
c
in regulation 8(2)(b), omit “oral” and add, at the end, “orally or in writing or both orally and in writing”.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
5th March 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
5th March 1997


text:
1
The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the Tables of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1996 . The Tables of the Schedule contain particulars of the fees which are to be received, after the commencement of this Order, by the ecclesiastical judges and legal officers named in the Schedule for carrying out by them of the duties of their offices specified in the Schedule.
2
The Ecclesiastical Judges and Legal Officers (Fees) Order 1996 is hereby revoked.
3
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
4
A fee specified in the Schedule to this Order shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.
5
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
6
This Order may be cited as the Ecclesiastical Judges and Legal Officers (Fees) Order 1997 and shall come into operation on the first day of January 1998.
Dated this 19th day of May 1997
R B Gibson
M J Colman
C A McLintock
G F Tattersall
D J V Wright
Approved by the General Synod the 11th day of July 1997
P J C Mawer
Secretary-General


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cable Thames Valley Limited) Order 1997 and shall come into force on 26th December 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
26th November 1997


text:
1
These Regulations may be cited as the value Added Tax (Amendment) (No. 4) Regulations 1997 and shall come into force on 1st November 1997.
2
Regulations 70, 73 and 74 of the value Added Tax Regulations 1995 shall be omitted.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
10th October 1997


text:
1
These Regulations may be cited as the Fire Services (Appointments and Promotion) (Amendment) Regulations 1997 and shall come into force on 14th April 1997.
2
In these Regulations “the 1978 Regulations ” means the Fire Services (Appointments and Promotion) Regulations 1978 .
3
In regulation 4 of the 1978 Regulations, in paragraph (1) — (c), the letters ‘(c)’and‘(e)’shall be omitted.
4
Regulation 5 of the 1978 Regulations shall be amended as follows:
a
in paragraph (1) —
i
in sub-paragraph (b) the words “and shall not have attained” to the end of that paragraph; and
ii
sub-paragraphs (c) and (e), shall be omitted;
b
in paragraph (2) in sub-paragraph (b) the letters ‘(c)’and‘(e)’shall be omitted, and
c
in paragraph (3) —
i
for sub-paragraph (a) there shall be substituted —
a
Paragraph (1) (a), (b), (d) and (ee) shall apply also in relation to the qualifications for appointment of a person as a retained member of a brigade
, and
ii
sub-paragraph (b) shall be omitted.
Blatch
Minister of State
Home Office
19th March 1997


text:
Title and commencement
1
This Order may be cited as the Specified Risk Material Order 1997 and shall come into force on 1st January 1998.
Interpretation
2
1
In this Order —
“approved premises” means premises approved for the purposes of article 10;
“appropriate veterinary authority” means the central authority of a territory empowered to carry out veterinary checks, or any authority in that territory to which it has delegated such powers;
“class I specified risk material” means —
class I specified bovine material; and
class I specified sheep or goat material,
but does not include material derived from animals which —
were slaughtered or died outside the United Kingdom before 1st January 1998; or
were born, reared and slaughtered in Australia or New Zealand;
“class II specified risk material” means —
class II specified bovine material;
class II specified sheep or goat material;
any part of the animal remaining attached to class I or II specified bovine material or class I or II specified sheep or goat material after dissection of the carcase;
any animal material which comes into contact with class I or II specified bovine material or class I or II specified sheep or goat material after it has been removed from the carcase; and
specified solid waste;
“feeding stuff” has the meaning given to it by section 66(1) of the Agriculture Act 1970 , save that it shall apply to products and substances for oral feeding to any creature except a human being, and section 66(2)(b) of that Act shall have effect for the purposes of this Order as it does for the purposes of that Act;
“food” has the same meaning as in the Food Safety Act 1990 ;
“intestines” means that part of the digestive tract of a bovine animal from the junction of the abomasum and the duodenum to (and including) the rectum and anal sphincter;
“specified bovine material” has the meaning given in article 4;
“specified risk material” means class I specified risk material and class II specified risk material;
“specified sheep or goat material” has the meaning given in article 3;
“specified solid waste” means any solid matter resulting from the slaughter of bovine animals, sheep or goats, or from the subsequent processing of their carcases, which is collected in any part of the drainage system draining any place where specified bovine or sheep or goat material is handled; and
“ UK specified risk material” means specified risk material derived from an animal which has died or was slaughtered in the United Kingdom.
2
For the purposes of this Order the supply of specified risk material, feeding stuffs or cosmetic, pharmaceutical or medical products otherwise than by sale at, in or from any place where specified risk material, feeding stuffs or cosmetic, pharmaceutical or medical products are supplied in the course of a business, shall be deemed to be a sale, and “sell” includes have in possession for or offer or expose for sale.
3
For the purposes of this Order material shall be treated as a cosmetic, pharmaceutical or medical product whether it is used or intended for use as such by itself or as an ingredient or additive in something which is so used or intended for such use.
4
Unless the context otherwise requires, references in this Order to articles and Schedules are to articles of and Schedules to this Order.
Specified sheep or goat material
3
1
In this Order “class I specified sheep or goat material” means —
a
in relation to material derived from a sheep or goat which at the time it was slaughtered or died either had one or more permanent incisor teeth erupted through the gum or was aged more than 12 months —
i
the skull, including the brain and eyes;
ii
the tonsils; and
iii
the spinal cord; and
b
the spleen of a sheep or goat.
2
In this Order “class II specified sheep or goat material” means the head of any sheep or goat which was slaughtered or died in the United Kingdom except —
a
any part of it which is class I specified sheep or goat material;
b
the horns, where they are removed from the head —
i
immediately after slaughter;
ii
before the head is removed from the carcase; and
iii
without breaking into the cranial cavity; and
c
the tongue, where it is removed from the head immediately after slaughter and before the head is stained in accordance with the Specified Risk Material Regulations 1997 .
Specified bovine material
4
1
In this Order, “class I specified bovine material” means in relation to a bovine animal —
a
the skull, including the brain and eyes, tonsils and spinal cord, of an animal which was slaughtered or died outside the UK at an age greater than twelve months; and
b
the brains, spinal cord, thymus, tonsils, spleen and intestines of an animal which was slaughtered or died in the UK at an age greater than six months, and also the skull (including the eyes) of such an animal which was aged more than twelve months at the time of death.
2
In this Order “class II specified bovine material” means in relation to a bovine animal —
a
the head of an animal which was slaughtered or died in the United Kingdom at an age of six months or over, except —
i
any part of the head which is class I specified bovine material; and
ii
the tongue, where it is removed from the head immediately after slaughter and before the head is stained in accordance with the Specified Risk Material Regulations 1997; and
b
the thymus and intestines of an animal which —
i
died or was slaughtered in the United Kingdom at an age of two months or over but less than six months; or
ii
was slaughtered in the United Kingdom at an age of less than two months for human consumption.
Approvals and licences
5
1
The appropriate Minister may, on application, approve any premises for the purpose of this Order if he is satisfied that such premises are properly equipped to carry out the functions to which the approval relates and comply with the requirements of this Order.
2
Any approval or licence granted under this Order shall be in writing and may be made subject to conditions and be amended, suspended or revoked at any time by notice in writing served on the person to whom it was granted if the appropriate Minister is satisfied that the conditions of this Order, or any additional conditions in the approval or licence, are not being complied with.
Import of class I specified risk material
6
1
No person shall import into Great Britain, otherwise than from the British Islands —
a
any class I specified risk material, except where it is to be transported directly to approved premises; or
b
any food or feeding stuff listed in Schedule 1, except a food or feeding stuff which —
i
does not contain any class I specified risk material; and
ii
is accompanied by a certificate in the form set out in Schedule 2 issued by the appropriate veterinary authority of the place from which the food or feeding stuff was despatched.
2
Where class I specified risk material is imported under paragraph (1)(a) above the importer shall ensure that it is transported to approved premises without delay.
3
For the purposes of this article a food or feeding stuff shall be treated as containing class I specified risk material if it contains anything derived from it.
4
Contravention of, or failure to comply with, any provision of this article shall be an offence to which section 76(3) of the Animal Health Act 1981 applies.
5
It shall be a defence for any person charged with an offence under paragraph (1) above to prove —
a
where it is alleged that he imported a food or feeding stuff listed in Schedule 1 containing class I specified risk material, that he did not know or have any reason to believe that it contained any class I specified risk material;
b
where it is alleged that he imported a food or feeding stuff listed in Schedule 1 without the certificate referred to in paragraph (1)(b)(ii) above, that it was accompanied by a document purporting to be the certificate required by that paragraph, which he did not know or have any reason to believe to be false; and
c
where it is alleged that he imported a food or feeding stuff listed in Schedule 1 which contained class I specified risk material and was not accompanied by the certificate referred to in paragraph (1)(b)(ii) above, that he did not know or have reason to believe that the food or feeding stuff contained class I specified risk material nor that the document purporting to be the certificate was false.
6
It shall be a defence for any person charged with an offence under paragraph (2) above to prove that he took all reasonable steps to ensure that it was transported to approved premises as required by that paragraph.
Specified risk material for use in cosmetic, pharmaceutical and medical products
7
1
No person shall sell any UK specified risk material for use in the preparation or manufacture of any cosmetic, pharmaceutical or medical product.
2
No person shall use any UK specified risk material in the preparation or manufacture of any ingredient to be sold for use in the preparation or manufacture of a cosmetic, pharmaceutical or medical product.
3
The prohibitions in paragraphs (1) and (2) above shall apply to anything derived from UK specified risk material as if it were UK specified risk material.
4
It shall be a defence for any person charged with an offence under paragraph (1) or (2) above to prove that he did not know or have any reason to believe that the material was, or was derived from, UK specified risk material.
Specified risk material for consumption by any creature
8
1
No person shall sell any specified risk material for use in the preparation of any feeding stuff.
2
No person shall use any specified risk material in the preparation of any feeding stuff.
3
No person shall sell any specified risk material, or any feeding stuff containing specified risk material, for feeding to any creature.
4
No person shall feed to any creature —
a
any specified risk material;
b
any feeding stuff containing specified risk material; or
c
a whole carcase or any part of a sheep, goat or bovine animal from which specified risk material has not been removed in accordance with the Specified Risk Material Regulations 1997.
5
Paragraph (4) above shall not apply to the feeding to any creature of any specified risk material or feeding stuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, and paragraph (2) above shall not apply to the use of any specified risk material in the preparation of any feeding stuff for such feeding.
6
For the purposes of this article —
a
“creature” does not include a human being; and
b
a feeding stuff shall be treated as containing specified risk material if it contains anything derived from it.
7
It shall be a defence for any person charged with an offence under any of paragraphs (1) to (4) above to prove that he did not know or have any reason to believe that the material was, or the feeding stuff contained, specified risk material.
Prohibition on the removal of brain and eyes
9
No person shall remove the brain or eyes from the carcase of a bovine animal aged over six months, or from a carcase of a sheep or goat (of any age at death), except —
a
for the purposes of veterinary or scientific examination or research; and
b
in a part of the premises kept free at all times from food, feeding stuffs and any cosmetic, pharmaceutical or medical product.
Approved premises not producing food, feeding stuffs or cosmetic, pharmaceutical or medical products
10
1
The appropriate Minister may approve premises as being suitable to process specified risk material for use in a manufacturing process which is not producing any food or feeding stuff or any cosmetic, pharmaceutical or medical product or anything intended or likely to come into direct contact with any of them.
2
The appropriate Minister shall approve premises for the purposes of paragraph (1) above where, following an inspection of those premises by a veterinary inspector, he is satisfied that —
a
the operator of those premises has in place a system for tracing through the manufacturing process all specified risk material delivered to him sufficient to demonstrate —
i
that all specified risk material delivered is either used in the manufacturing process or disposed of in accordance with such conditions as he may specify in the approval; and
ii
that no product manufactured in the process is used as, in connection with or in the production of any food or feeding stuff or any cosmetic, pharmaceutical or medical product; and
b
does not pose a risk to human or animal health.
3
Any person delivering specified risk material to premises approved under this article shall state in writing to the operator of those premises the place from which that specified risk material was collected for delivery to those premises.
4
The operator of approved premises shall record on arrival of specified risk material —
a
the weight of the specified risk material delivered;
b
the date of delivery; and
c
the place from which it was collected for delivery to those premises, and shall keep such records for two years from the date of arrival.
5
No person shall process specified risk material at premises approved under this article except in accordance with any conditions specified in the approval.
Transport
11
1
The person in control of a vehicle transporting specified risk material shall ensure that it is conveyed either in an impervious container which contains nothing but specified risk material or in a part of the vehicle which is impervious and contains nothing but specified risk material and which in either case is kept covered at all times except when necessary for loading or unloading or examination by an inspector.
2
Any person transporting specified risk material shall ensure that the part of the vehicle in which specified risk material has been conveyed is thoroughly washed and disinfected before any food, feeding stuff or other animal material or any cosmetic, pharmaceutical or medical product is placed in that part of the vehicle.
3
In this article the expression “vehicle” means, in any case in which specified risk material is conveyed in a bulk container, that container.
Storage
12
1
Subject to paragraph (2) below, no person shall store specified risk material in the same room as any food, feeding stuff or any cosmetic, pharmaceutical or medical product.
2
The requirement in paragraph (1) above shall not apply where an inspector has approved the storage of specified risk material in the same room as any food, feeding stuff or any cosmetic, pharmaceutical or medical product, on being satisfied that the arrangements for storage will ensure the adequate separation of the specified risk material from the food, feeding stuff or product.
Samples
13
Where an inspector has reasonable grounds for supposing that the provisions of this Order are not being complied with, he may take from any carcase, material, food, feeding stuff, or from any cosmetic, pharmaceutical or medical product, such samples as he considers necessary to establish whether or not an offence has been committed.
Recall, seizure and destruction of foods and feeding stuffs
14
1
An inspector may serve on any person in whose possession is found any feeding stuff containing specified risk material (except a feeding stuff prepared for use in accordance with article 8(5) above), a notice requiring that person to dispose of the material, and any other material with which it has come into contact, in such manner and within such period as may be specified in the notice.
2
An inspector may serve on any person who has sold or supplied any feeding stuff containing specified risk material a notice requiring that person to collect at his own expense that product from the person to whom he supplied or sold it, or from such other person to whom it may have subsequently been supplied or sold, and to transport it to such place and within such time as may be specified in the notice.
3
It shall be a defence for any person charged with an offence under paragraph (1) or (2) above to show that he took all reasonable steps necessary to comply with the notice.
4
If any person on whom a notice is served under paragraph (1) or (2) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice.
5
The amount of any expenses reasonably incurred by or on behalf of an inspector acting pursuant to paragraph (4) above shall be recoverable as a debt by him or by any person under whose authority he is acting from the person who was in default of the notice, unless he took all reasonable steps to comply with the notice.
Seizure and destruction of imports
15
1
Where an inspector has reasonable grounds for suspecting that any class I specified risk material or any food or feeding stuff has been imported in contravention of article 6, he may at any time seize or cause to be seized that material, food or feeding stuff, or anything into which it has subsequently been incorporated.
2
A veterinary inspector may destroy anything seized pursuant to paragraph (1) above without compensation.
Consignment
16
No person shall consign from Great Britain to another member State UK specified risk material, or protein or tallow derived from UK specified risk material, except in accordance with a licence granted by the Minister.
Enforcement
17
The provisions of this Order shall be executed and enforced by the local authority.
Amendment and revocation
18
1
In the Schedule to the Zoonoses Order 1988 there shall be inserted after the reference to section 8 the following reference: —
Section 10 Importation Section 32 Slaughter in other diseases
.
2
The Specified Bovine Material Order 1997 and the Heads of Sheep and Goats Order 1996 are hereby revoked.
Jack Cunningham
Minister of Agriculture, Fisheries and Food
16th December 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
11th December 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
12th December 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 1997 and shall come into force on 18th August 1997.
2
In these Regulations, “the principal Regulations ” means the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 .
3
In these Regulations, a reference to a numbered regulation or a numbered Schedule is a reference to the regulation in or Schedule to the principal Regulations bearing that number.
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2)(a) (citation, commencement and interpretation), the definition of “register” shall be deleted.
Amendment of regulation 6 of the principal Regulations
3
In regulation 6 (pharmacy records), —
1
in paragraph (1)(a) there shall be substituted for the word “register”, the words “written or computerised record”; and
2
in paragraphs (3)(a) and (4)(a) there shall be substituted for the word “register”, the word “record”.
Amendment of Schedule 2 to the principal Regulations
4
In Schedule 2 (particulars in pharmacy records), in paragraph 2(a)(ii) there shall be substituted for the word “register”, the word “record”.
Revocation of regulation 7 of the principal Regulations
5
Regulation 7 (record keeping in respect of certain veterinary drugs) shall be revoked.
Amendment of regulation 9 of the principal Regulations
6
In regulation 9 (offences), there shall be substituted for the words “regulations 3, 4, 6 or 7” the words “regulations 3, 4 or 6”.
Signed by authority of the Secretary of State for Health
Baroness Jay
Minister of State,
Department of Health
21st July 1997
Win Griffiths
Parliamentary Under Secretary of State,
Welsh Office
25th July 1997
Sam Galbraith
Parliamentary Under Secretary of State, The Scottish Office
23rd July 1997
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
25th July 1997
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 22nd July 1997.
D. C. Gowdy
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 18th July 1997.
Mr P. Small
Permanent Secretary


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Food Premises (Registration) Amendment Regulations 1997 and shall come into force on 7th April 1997.
2
In these Regulations, “the principal Regulations ” means the Food Premises (Registration) Regulations 1991 .
Amendment of the principal Regulations
2
1
In paragraph (4)(b) of regulation 3 of the principal Regulations (exceptions), for the words “child minder.” there shall be substituted the words
child minder, or
iv
the preparation for sale of food to be sold from a market stall run by WI Country Markets Limited.
2
After paragraph (5) of regulation 7 of the principal Regulations (supply of information and alterations to register), there shall be added the following paragraph —
6
The relevant registration authority shall make under this paragraph (and not under paragraph (3)(b)) such alterations to the register and to the supplementary record, including the removal of premises to which regulation 3(4)(b)(iv) applies, as are necessary to take account of the coming into force of the Food Premises (Registration) Amendment Regulations 1997, but the authority is required to make such alterations in respect of particular food business premises only if they receive a written request from the proprietor of the food business asking for the removal of the premises from the register (a request which the proprietor is not obliged to make).
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
10th March 1997
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
5th March 1997
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
6th March 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
6th March 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the New Drivers (Appeals Procedure) Regulations 1997 and shall come into force on 1st June 1997.
2
In these Regulations —
“ the Act ” means the Road Traffic (New Drivers) Act 1995;
“appellate court” means —
in England and Wales, the Crown Court, the High Court or the Court of Appeal, as the case may be;
in Scotland, the High Court of Justiciary;
“relevant appeal” means an appeal against —
a conviction, or
an order of a court in England and Wales for the endorsement of a licence or a sentence passed by a court in Scotland which includes an order for the endorsement of a licence,
which is, or forms part of, the basis for the revocation of the licence or a test certificate.
Licences granted pending appeal
2
1
There is prescribed for the purposes of section 5(1) of the Act (duration of licences granted without retesting pending appeal) a period expiring on the date on which the revoked licence would have expired if it had not been revoked.
2
Where the Secretary of State has —
a
revoked a person’s test certificate under paragraph 5(1) of Schedule 1 to the Act or, as the case may be, revoked a person’s licence and test certificate under paragraph 8(1) of that Schedule, and
b
received notice that the person is making a relevant appeal,
he must, if that person surrenders to him any previous licence granted to him or provides an explanation for not surrendering it that the Secretary of State considers adequate, grant to that person a full licence in accordance with paragraph (3) below.
3
A licence granted under paragraph (2) above shall —
a
have effect for the purposes of the Road Traffic Acts as if it were a licence granted under Part III of the Road Traffic Act 1988 ,
b
subject to section 92 and Part IV of that Act, authorise the driving of all classes of vehicle which, immediately before his test certificate was revoked, the person was permitted to drive without observing the prescribed conditions, and
c
subject to paragraph (4) below, be for a period expiring on the date on which a licence granted under Part III of that Act would have expired.
4
A licence granted under paragraph (2) shall be treated as revoked if —
a
following the appeal, the penalty points taken into account for the purposes of section 2(1) of the Act are not reduced to a number smaller than six, or
b
the appeal is abandoned.
Notices of appeal
3
1
Subject to paragraphs (2) and (3) below, notice of a relevant appeal shall be given to the Secretary of State —
a
in England and Wales, by the magistrates’ court or Crown Court in which the case is heard;
b
in Scotland, by the Sheriff Court or district court in which the case is heard.
2
Notice of a relevant appeal from a magistrates’ court or Crown Court by case stated shall be given to the Secretary of State by the High Court.
3
Notice of a further appeal from a decision of an appellate court shall be given to the Secretary of State by the appellate court from which the appeal is made.
4
A notice pursuant to this regulation shall be given —
a
in the case of an appeal by case stated, as soon as reasonably practicable after the day on which the case is lodged in the High Court;
b
in the case of any other appeal —
i
where leave to appeal or for abridgement of time is necessary, as soon as reasonably practicable after the court has granted such leave or abridgement, or
ii
in any other case, as soon as reasonably practicable after notice of appeal is duly given by the appellant.
Notice of abandonment of appeal
4
Notice of the abandonment of any relevant appeal shall be given to the Secretary of State —
a
in England and Wales, by the appellate court to which the appeal is made, or
b
in Scotland, by the Sheriff Court or district court in which the case is heard,
as soon as reasonably practicable after the day on which notice of the abandonment of the appeal is duly given.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
26th March 1997


text:
1
This Order may be cited as the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 1997 and shall come into force on 26th February 1997, but shall have effect from 1st July 1994.
2
Section 1 of the Superannuation Act 1972 shall apply to persons serving in employment which is remunerated out of the National Lottery Distribution Fund, being a fund established by the National Lottery etc. Act 1993 .
3
Employment by the National Lottery Charities Board is hereby added to the employments listed in Schedule 1 to the Superannuation Act 1972.
Roger Freeman
Chancellor of the Duchy of Lancaster for the Minister for the Civil Service
5th February 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment (No. 2) Regulations 1997 and shall come into force on 18th August 1997.
2
In these Regulations “the principal Regulations ” means the Housing Benefit (General) Regulations 1987 and expressions used in these Regulations and in the principal Regulations shall have, unless the context otherwise requires, the same meaning in these Regulations as they have in the principal Regulations.
Amendment of Schedule 1 to the principal Regulations
2
1
In sub-paragraph (f) of paragraph 1 of Schedule 1 to the principal Regulations–
a
in head (ii) after the words “the terms of this head” there shall be added the words “or head (iii) below”;
b
at the end of head (ii) there shall be added the following–
or
iii
are provided to a claimant in supported accommodation by his landlord in person or someone on his behalf, and payment of the charges in respect of those services is a condition on which the claimant’s right to occupy the accommodation depends;
.
2
In paragraph 7 of Schedule 1 to the principal Regulations there shall be added at the end the following definition–
“supported accommodation” means accommodation which was either occupied or available for occupation on 18th August 1997 and which was at that date and continues to be–
a
a resettlement place provided by persons to whom the Secretary of State has given assistance by way of grant pursuant to section 30 of the Jobseekers Act 1995 (grants for resettlement places); and for this purpose “resettlement place” shall have the same meaning as it has in that section;
b
accommodation provided by a housing authority, non-metropolitan county council in England within the meaning of section 1 of the Local Government Act 1972 , registered social landlord, a charity, or voluntary organisation, or in Scotland a registered housing association or a recognised body, where care, support or supervision is provided by, or on behalf of, that body to the occupants of that accommodation; and for this purpose–
“registered social landlord” has the same meaning as in Part I of the Housing Act 1996 ;
“charity” means a charity which is registered under section 3 of the Charities Act 1993 and is not an exempt charity within the meaning of that Act;
“recognised body” has the same meaning as under section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 ; or
c
accommodation which is occupied by a person who falls under sub-paragraph (a) of paragraph 1 of regulation 10 of the Housing Benefit (General) Amendment Regulations 1995 , where care, support or supervision is provided by, or on behalf of, the landlord to the occupants of that accommodation;
and for these purposes accommodation which would fall under any one of paragraphs (a) to (c) above but for the fact that it was not available for occupation on 18th August 1997 solely by reason of temporary closure due to refurbishment, cleansing, or pest control shall be treated as available for occupation on that date.
.
3
These Regulations shall cease to have effect on 31st October 1998.
Signed by authority of the Secretary of State for Social Security.
Frank Field
Minister of State,
Department of Social Security
8th August 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Levy) Regulations 1997 and shall come into force on 1st April 1997.
2
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993;
“the 1995 Act ” means the Pensions Act 1995;
“the previous Regulations ” means the Occupational and Personal Pension Schemes (Levy) Regulations 1995 ;
“address of the scheme” means the place in the United Kingdom, or if more than one, the principal place, at which the management of a registrable scheme is conducted;
“ Compensation Board ” means the Pensions Compensation Board ;
“employer” means —
in relation to an occupational pension scheme in which there are members in pensionable service, the employer of persons in the description or category of employment to which the scheme relates; and
in relation to an occupational pension scheme which is a frozen scheme, the person who was the employer of persons in the description or category of employment to which the scheme related immediately before the occurrence of the event after which the scheme became a frozen scheme;
“frozen scheme” means a registrable scheme under which benefits continue to be payable to existing members and to which —
no new members may be admitted;
no further contributions are payable by or in respect of existing members; and
no further benefits accrue to existing members although benefits which have already accrued to them may be increased;
“member” means —
in relation to an occupational pension scheme, any person who —
is in pensionable service under the scheme;
has rights under the scheme by virtue of his pensionable service under the scheme; or
has rights under the scheme by virtue of having been allowed transfer credits under the scheme;
in relation to a personal pension scheme, a member of the scheme,
other than a member in respect of whom entitlement under the scheme is only for benefits payable on his death;
“registrable scheme” means an occupational or a personal pension scheme —
which —
is established in the United Kingdom; or
has a place at which its management is conducted in the United Kingdom and has a representative appointed to carry out the functions of a trustee in the United Kingdom; and
which —
is a scheme in respect of which a person has applied for, or received, the approval of the Board of Inland Revenue for the purposes of section 590 or section 591 (other than subsection (2)(g)) of the Income and Corporation Taxes Act 1988 (conditions for approval of retirement benefit schemes and discretionary approval), or for the purposes of Chapter IV of Part XIV of that Act (personal pension schemes); or
is a scheme which is a public service pension scheme; and
which —
has more than one member; and
provides benefits which are not solely payable on the death of a member,
and for the purposes of these Regulations an occupational pension scheme which is a retirement benefits scheme approved under section 591(2)(h) of the Income and Corporation Taxes Act 1988 (discretionary approval) shall be treated as a personal pension scheme;
“ Registrar ” means the Registrar of Occupational and Personal Pension Schemes;
“registration year” means a period of 12 months beginning on 1st April;
“ Regulatory Authority ” means the Occupational Pensions Regulatory Authority ;
“scheme year” in relation to a registrable scheme means —
a year specified for the purposes of the scheme in any document comprising the scheme or, if none, a period of 12 months commencing on 1st April or on such other date as the trustees select; or
such other period (if any) exceeding 6 months but not exceeding 18 months as is selected by the trustees —
in connection with the commencement or termination of the scheme; or
in connection with a variation of the date on which the year or period referred to in paragraph (a) is to commence;
“total membership” means the number of members —
on the day on which the scheme becomes a registrable scheme, then
at the end of the second scheme year, then
at the end of each subsequent scheme year;
“trustees”, in the case of a scheme which is not set up under a trust, means the managers of the scheme, except in relation to a scheme which is established outside the United Kingdom and, in such a case, “trustees” means the person treated by the Commissioners of Inland Revenue for the time being as the administrator of the scheme for the purposes of Chapter I or Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988;
“ unallocated assets ” means any assets of a scheme which have not been specifically allocated for the provision of benefits to or in respect of members (whether generally or individually).
The general levy
2
1
For the purpose of meeting expenditure under section 6, Part X and section 174 of the 1993 Act and of the Regulatory Authority, the trustees of every registrable occupational pension scheme shall be liable to pay a levy to the Secretary of State.
2
For the purpose of meeting expenditure under section 6, Part X and section 174 of the 1993 Act, the trustees of every registrable personal pension scheme shall be liable to pay a levy to the Secretary of State.
3
In these Regulations, the levy payable to the Secretary of State by a registrable scheme under paragraph (1) or (2) above shall be referred to as “the general levy”.
4
The general levy shall be payable in respect of each registration year.
5
Subject to regulation 8, where, during a registration year, a scheme —
a
becomes a registrable scheme;
b
ceases to be a registrable scheme; or
c
is wound up,
the general levy shall nevertheless be payable in full for that year.
Amount of the general levy
3
1
The amount of the general levy payable in respect of each registration year shall be determined by reference to the total membership of a scheme.
2
For the purposes of paragraph (1), the general levy shall —
a
in the case of a registrable occupational pension scheme, be calculated in accordance with Part I of the Schedule; and
b
in the case of a registrable personal pension scheme, be calculated in accordance with Part II of the Schedule.
Payment of the general levy
4
1
The general levy shall be remitted to the Registrar who shall collect the same on behalf of the Secretary of State.
2
The general levy shall, subject to paragraph (3), be payable in advance at the beginning of each registration year and no additional levy or refund shall be payable in respect of any change taking place during that year.
3
In the case of a scheme to which regulation 2(5)(a) applies, the general levy shall be payable on the day on which the scheme becomes a registrable scheme.
The compensation levy
5
1
For the purpose of meeting the expenditure of the Compensation Board, the trustees of every registrable occupational pension scheme established by trust shall be liable to pay a levy to the Compensation Board.
2
In these Regulations, the levy payable to the Compensation Board shall be referred to as “the compensation levy”.
3
Paragraph (1) above shall not apply in the case of —
a
any occupational pension scheme referred to in paragraph (1)(d) to (g) of regulation 2 of the Occupational Pension Schemes (Pensions Compensation Provisions) Regulations 1997 (schemes to which the compensation provisions in sections 81 to 85 of the 1995 Act do not apply); and
b
any occupational pension scheme in respect of which the employer cannot become insolvent within the meaning given by section 123 of the 1993 Act (interpretation of Chapter II of Part VII of the 1993 Act).
4
Subject to paragraph (3) above and to regulation 8, where, during a registration year, a scheme to which regulation 5(1) applies —
a
becomes a registrable scheme;
b
ceases to be a registrable scheme; or
c
is wound up,
the compensation levy shall nevertheless be payable in full for that year.
Amount of the compensation levy
6
1
The amount of the compensation levy payable in respect of each registration year shall be determined by reference to the total membership of a scheme.
2
The amount of the compensation levy payable per member in respect of each registration year shall not exceed the amount specified in Part III of the Schedule.
3
The Compensation Board shall secure that arrangements are made and implemented for giving notice in writing to the trustees of schemes to which regulation 5(1) applies of the amount of the compensation levy payable per member and that reasonable steps are taken to ascertain the address to which such notice should be sent.
Payment of the compensation levy
7
1
The compensation levy shall, subject to paragraph (2), be payable in advance at the beginning of each registration year and no additional levy or refund shall be payable in respect of any change taking place during that year.
2
In the case of a scheme to which regulation 5(4)(a) applies, the compensation levy shall be payable on the day on which the scheme becomes a registrable scheme.
Waiver of the general levy and the compensation levy
8
1
In the case of schemes to which regulations 2(1) and 5(1) apply, payment of the general levy or the compensation levy shall be waived where the trustees confirm in writing to the Registrar that —
a
there is no employer or the employer is insolvent; and
b
in the case of a scheme under which all the benefits that may be provided (other than death benefits) are money purchase benefits, there are insufficient unallocated assets in the scheme to meet its levy liabilities in full; or
c
in the case of a scheme to which sections 56 to 60 of the 1995 Act (the minimum funding requirement) apply and in respect of which there has been an actuarial valuation of the scheme’s assets in accordance with section 57 of that Act (valuation and certification of assets and liabilities), the value of the scheme’s assets is less than 100 per cent. of its liabilities; or
d
in the case of a scheme to which sections 56 to 60 of the 1995 Act apply and in respect of which there has been no actuarial valuation of the scheme’s assets in accordance with section 57 of that Act, the amount by which the scheme’s assets exceed its liabilities, in accordance with the last actuarial valuation of the scheme’s assets under regulation 8 of the Occupational Pension Schemes (Disclosure of Information) Regulations 1986 , is less than the total amount of its levy liabilities.
2
In this regulation, “insolvent” has the meaning given by section 123 of the 1993 Act (interpretation of Chapter II of Part VII of the 1993 Act).
Multi-employer schemes
9
1
Where a registrable occupational pension scheme in relation to which there is more than one employer is divided into two or more sections and the provisions of the scheme are such that —
a
different sections of the scheme apply to different employers or groups of employers (whether or not more than one section applies to any particular employer or groups including any particular employer);
b
contributions payable to the scheme by an employer, or by a member in employment under that employer, are allocated to that employer’s section (or, if more than one section applies to the employer, to the section which is appropriate in respect of the employment in question); and
c
a specified part or proportion of the assets of the scheme is attributable to each section and cannot be used for the purposes of any other section,
these Regulations shall apply as if each section of the scheme were a separate scheme.
2
Where —
a
a scheme which has been such a scheme as is mentioned in paragraph (1) above is divided into two or more sections some or all of which apply only to members who are not in pensionable service under the section; and
b
the provisions of the scheme have not been amended so as to prevent the conditions mentioned in paragraph (1)(a) to (c) above being satisfied in relation to two or more sections; but
c
those conditions have ceased to be satisfied in relation to one or more sections (whether before or after 1st April 1997) by reason only of there being no members in pensionable service under the section and no contributions which are to be allocated to it,
these Regulations shall apply as if the section in relation to which those conditions have ceased to be satisfied were a separate scheme.
3
For the purposes of paragraphs (1) and (2), there shall be disregarded any provisions of the scheme by virtue of which contributions or transfers of assets may be made to make provision for death benefits; and where those paragraphs apply and those contributions or transfers are made to a section (“the death benefits section”), the assets of which may only be applied for the provision of death benefits, the death benefits section shall also be treated as if it were a separate scheme for the purposes of these Regulations.
4
For the purposes of paragraphs (1) to (3), there shall be disregarded any provisions of the scheme by virtue of which, on the winding up of the scheme or a section, assets attributable to one section may be used for the purposes of another section.
Avoidance of duplication of payments
10
Where, but for this regulation, the general levy or, as the case may be, the compensation levy would be payable in respect of the same registrable scheme under both these Regulations and any equivalent provision which has effect in Northern Ireland, that levy shall only be payable under these Regulations where the address of the scheme is in Great Britain.
Modification of section 75 of the 1995 Act
11
Section 75 of the 1995 Act (deficiencies in the assets) shall apply in the case of schemes which are money purchase schemes with the following modifications —
a
for subsection (1) substitute —
1
If, in the case of a scheme which is a money purchase scheme, the value at the applicable time of the unallocated assets of the scheme is less than an amount payable by way of levy under section 175 of the Pension Schemes Act 1993, then an amount equal to the difference shall be treated as a debt due from the employer to the trustees or managers of the scheme.
;
b
omit subsection (2);
c
for subsection (3) substitute —
3
In this section —
“applicable time”, in relation to an amount payable by way of levy, means the time when the levy first becomes payable to the Secretary of State or, as the case may be, the Compensation Board or such later time as the trustees or managers may agree with the employer;
“employer” means —
in relation to an occupational pension scheme in which there are members in pensionable service, the employer of persons in the description or category of employment to which the scheme relates; and
in relation to an occupational pension scheme which is a frozen scheme, the person who was the employer of persons in the description or category of employment to which the scheme related immediately before the occurrence of the event after which the scheme became a frozen scheme;
“frozen scheme” means a registrable scheme under which benefits continue to be payable to existing members and to which —
no new members may be admitted;
no further contributions are payable by or in respect of existing members; and
no further benefits accrue to existing members although benefits which have already accrued to them may be increased; and
“registrable scheme” means an occupational or a personal pension scheme —
which —
is established in the United Kingdom; or
has a place at which its management is conducted in the United Kingdom and has a representative appointed to carry out the functions of a trustee in the United Kingdom; and
which —
is a scheme in respect of which a person has applied for, or received, the approval of the Board of Inland Revenue for the purposes of section 590 or section 591 (other than subsection (2)(g)) of the Income and Corporation Taxes Act 1988 (conditions for approval of retirement benefit schemes and discretionary approval), or for the purposes of Chapter IV of Part XIV of that Act (personal pension schemes); or
is a scheme which is a public service pension scheme; and
which —
has more than one member; and
provides benefits which are not solely payable on the death of a member,
and, for this purpose, an occupational pension scheme which is a retirement benefits scheme approved under section 591(2)(h) of the Income and Corporation Taxes Act 1988 (discretionary approval) shall be treated as a personal pension scheme;
“unallocated assets”, in the case of a money purchase scheme, means any assets of the scheme which have not been specifically allocated for the provision of benefits to or in respect of members (whether generally or individually).
;
d
omit subsection (4);
e
for subsection (5) substitute —
5
The value at the applicable time of the unallocated assets shall be taken to be the value as certified in a statement by the scheme auditor.
;
f
omit subsections (6), (9) and (10).
Transitional provision
12
Where the trustees of an occupational or a personal pension scheme which became a registrable scheme before 1st April 1997 have not paid in full the amount of the levy for which they are liable under the previous Regulations, they shall be liable under these Regulations to pay that amount by 30th June 1997.
Penalties
13
Where any person fails, without reasonable cause, to comply with the requirement to pay a levy under regulation 2, 5 or 12 of these Regulations, the Regulatory Authority may require that person to pay, within 28 days, a penalty which shall —
a
in the case of an individual, not exceed £1,000; and
b
in any other case, not exceed £10,000.
Revocation and saving
14
1
The previous Regulations are hereby revoked.
2
Anything done under, or by virtue of, any regulation revoked by these Regulations, if it could have been done under, or for the purpose of the corresponding provision of these Regulations, shall be deemed to have been done under or by virtue of the corresponding provision of these Regulations and anything begun under, or by virtue of, any such regulation may be continued under these Regulations as if begun under these Regulations.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
6th March 1997


text:
Commencement and citation
1
This Order may be cited as the A23 Trunk Road (Croydon) Red Route (Prohibited Turns) (No. 2) Experimental Traffic Order 1997, and shall come into force on 14th September 1997.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
Causing includes permitting;
c
“Purley Way” means that length of the A23 Trunk Road in the London Borough of Croydon known as Purley Way;
d
“Miller Road” means the road of that name in the London Borough of Croydon;
Prohibition
3
Subject to the provisions of article 4, no person shall cause a vehicle to turn right on entering Purley Way from Miller Road.
Exemptions
4
The controls specified in article 3 shall not apply to —
a
anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
a vehicle being used for fire brigade, ambulance or police purposes.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on-street, or for preserving or improving the amenities of the area through which any road affected by this order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Revocation
6
The A23 Trunk Road (Croydon) Red Route (Prohibited Turns) Experimental Traffic Order 1997 is hereby revoked.
TRO 341
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
1st September 1997


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) Order 1997 and shall come into force on 5th December 1997.
2
The persons named in the Schedule to this Order are hereby appointed Her Majesty’s Inspectors of Schools in England with effect from 5th December 1997.
N.H. Nicholls
Clerk of the Privy Council.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1997 and shall come into force on 1st April 1997.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 1989 .
Amendment of amounts specified in the principal Regulations
2
For each amount specified in column (3) of the Schedule to these Regulations, where it appears in the provision of the principal Regulations specified in relation to it in column (1) (the subject matter of which is indicated in column (2) ), there shall be substituted the amount specified in relation to it in column (4) .
Transitional provisions
3
Where, on or after 1st April 1997 —
a
any appliance specified in Schedule 1 to the principal Regulations is supplied pursuant to an order given before that date; or
b
any pre-payment certificate is granted under regulation 8 of the principal Regulations pursuant to an application under that regulation which was received before that date,
the principal Regulations shall have effect in relation to that supply or, as the case may be, that grant as if regulation 2 of these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
4th March 1997


text:
Citation and commencement
1
This Order may be cited as the Protection of Wrecks (Designation No. 3) Order 1997 and shall come into force on 19th July 1997.
Identification of site and designation of restricted area
2
1
The site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed and in respect of which this Order is made is in position Latitude 50°20'.075 North, Longitude 05°10'.823 West.
2
The area within a distance of 250 metres of that position, but excluding any part of that area which lies above the high-water mark of ordinary spring tides, shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Signed by authority of the Secretary of State for National Heritage
Tony Banks
Parliamentary Under Secretary of State
18th July 1997


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (European Police Office) Order 1997 and shall come into force on the date on which the Protocol drawn up, on the basis of Article K.3 of the Treaty of European Union and Article 41(3) of the Europol Convention, on the Privileges and Immunities of Europol, the members of its organs, the Deputy Directors and employees of Europol signed at Brussels on 19th June 1997 enters into force in respect of the United Kingdom. That date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
The Treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and Commencement
1
This order may be cited as the Offshore Installations (Safety Zones) Order 1997 and shall come into force on 31st March 1997.
Establishment of safety zones
2
A safety zone is hereby established around each installation specified in column 1 of Schedule 1 hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of that Schedule.
Revocation of orders
3
The orders listed in Schedule 2 hereto are revoked.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
10th March 1997


text:
1
This Order may be cited as the Finance Act 1989, section 178(1), (Appointed Day) Order 1997.
2
The day appointed for section 118F of the Income and Corporation Taxes Act 1988 for periods beginning on or after which section 178(1) of the Finance Act 1989 shall have effect is 9th December 1997.
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
17th November 1997


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) Order 1997 and shall come into force on 12th September 1997.
2
Any reference in this Order to “the Schedule” is a reference to the Schedule to this Order.
3
Any reference in this Order to a Community instrument is a reference to that instrument and any amendment of such instrument as may exist on the date this Order is made.
4
In this Order:
“Council Regulation 805/68” means Council Regulation ( EEC ) No. 805/68 on the common organisation of the market in beef and veal ;
“Council Regulation 3013/89” means Council Regulation (EEC) No. 3013/89 on the common organization of the market in sheepmeat and goatmeat ;
“Council Regulation 1765/92” means Council Regulation (EEC) No. 1765/92 establishing a support system for producers of certain arable crops .
Assessment of productive capacity of land
2
1
Paragraph (2) of this article has effect for the purpose of the assessment of the productive capacity of a unit of agricultural land, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of subparagraph (1) of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question is capable, when farmed under competent management, of being used to produce any livestock, crop, fruit, etc. or as set-aside land, as is mentioned in any of the entries 1 to 8 in column 1 of the Schedule, then —
a
the unit of production prescribed in relation to that use of the land shall be the unit specified in column 2 of the Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 12th September 1997, as the net annual income from that unit of production in that period shall be the amount specified in column 3 of the Schedule opposite that unit of production.
3
The Schedule has effect subject to the Notes to the Schedule.
Revocation
3
The Agricultural Holdings (Units of Production) Order 1996 is revoked.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
28th July 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
4th August 1997


text:
Citation, interpretation and commencement etc.
1
1
These Regulations may be cited as the Companies Act 1985 (Accounts of Small and Medium-sized Companies and Minor Accounting Amendments) Regulations 1997.
2
In these Regulations “the 1985 Act ” means the Companies Act 1985.
3
These Regulations —
a
shall come into force on 1st March 1997; and
b
subject to paragraph (4), shall apply to annual accounts approved by the board of directors on or after that day, and to directors' and auditors' reports on such accounts.
4
A company may, with respect to a financial year of the company ending on or before 24th March 1997, prepare and deliver to the registrar of companies such annual accounts and directors' and auditors' reports as it would have been required to prepare and deliver had the amendments to the 1985 Act effected by these Regulations not been made.
Special provisions for small companies
2
1
For section 246 of the 1985 Act there shall be substituted the following section —
Special provisions for small companies
246
1
Subject to section 247A, this section applies where a company qualifies as a small company in relation to a financial year.
2
If the company’s individual accounts for the year —
a
comply with the provisions of Schedule 8, or
b
fail to comply with those provisions only in so far as they comply instead with one or more corresponding provisions of Schedule 4,
they need not comply with the provisions or, as the case may be, the remaining provisions of Schedule 4; and where advantage is taken of this subsection, references in section 226 to compliance with the provisions of Schedule 4 shall be construed accordingly.
3
The company’s individual accounts for the year need not give the information required by —
a
paragraph 4 of Schedule 5 (financial years of subsidiary undertakings);
b
paragraph 1(3) of Schedule 6 (breakdown of aggregate amount of directors' emoluments);
c
paragraphs 2 to 5 of Schedule 6 (details of chairman’s and directors' emoluments); or
d
paragraph 7 of Schedule 6 (pensions of directors and past directors).
4
The directors' report for the year need not give the information required by —
a
section 234(1)(a) and (b) (fair review of business and amount to be paid as dividend);
b
paragraph 1(2) of Schedule 7 (statement of market value of fixed assets where substantially different from balance sheet amount);
c
paragraph 6 of Schedule 7 (miscellaneous disclosures); or
d
paragraph 11 of Schedule 7 (employee involvement).
5
Notwithstanding anything in section 242(1), the directors of the company need not deliver to the registrar any of the following, namely–
a
a copy of the company’s profit and loss account for the year;
b
a copy of the directors' report for the year; and
c
if they deliver a copy of a balance sheet drawn up as at the last day of the year which complies with the requirements of Schedule 8A, a copy of the company’s balance sheet drawn up as at that day.
6
Neither a copy of the company’s accounts for the year delivered to the registrar under section 242(1), nor a copy of a balance sheet delivered to the registrar under subsection (5)(c), need give the information required by–
a
paragraph 4 of Schedule 5 (financial years of subsidiary undertakings);
b
paragraph 6 of Schedule 5 (shares of company held by subsidiary undertakings);
c
Part I of Schedule 6 (directors' and chairman’s emoluments, pensions and compensation for loss of office); or
d
section 390A(3) (amount of auditors' remuneration).
7
The provisions of section 233 as to the signing of the copy of the balance sheet delivered to the registrar apply to a copy of a balance sheet delivered under subsection (5)(c).
8
Subject to subsection (9), each of the following, namely–
a
accounts prepared in accordance with subsection (2) or (3),
b
a report prepared in accordance with subsection (4), and
c
a copy of accounts delivered to the registrar in accordance with subsection (5) or (6),
shall contain a statement in a prominent position on the balance sheet, in the report or, as the case may be, on the copy of the balance sheet, above the signature required by section 233, 234A or subsection (7), that they are prepared in accordance with the special provisions of this Part relating to small companies.
9
Subsection (8) does not apply where the company is exempt by virtue of section 250 (dormant companies) from the obligation to appoint auditors.
2
For Schedule 8 to the 1985 Act there shall be substituted the provisions set out in Schedule 1 to these Regulations.
3
After Schedule 8 to the 1985 Act there shall be inserted, as Schedule 8A, the provisions set out in Schedule 2 to these Regulations.
Special provisions for medium-sized companies
3
After section 246 of the 1985 Act there shall be inserted the following section —
Special provisions for medium-sized companies
246A
1
Subject to section 247A, this section applies where a company qualifies as a medium-sized company in relation to a financial year.
2
The company’s individual accounts for the year need not comply with the requirements of paragraph 36A of Schedule 4 (disclosure with respect to compliance with accounting standards).
3
The company may deliver to the registrar a copy of the company’s accounts for the year —
a
which includes a profit and loss account in which the following items listed in the profit and loss account formats set out in Part I of Schedule 4 are combined as one item under the heading “gross profit or loss” —
Items 1, 2, 3 and 6 in Format 1;
Items 1 to 5 in Format 2;
Items A.1, B.1 and B.2 in Format 3;
Items A.1, A.2 and B.1 to B.4 in Format 4;
b
which does not contain the information required by paragraph 55 of Schedule 4 (particulars of turnover).
4
A copy of accounts delivered to the registrar in accordance with subsection (3) shall contain a statement in a prominent position on the copy of the balance sheet, above the signature required by section 233, that the accounts are prepared in accordance with the special provisions of this Part relating to medium-sized companies.
Cases in which special provisions do not apply
4
After section 247 of the 1985 Act there shall be inserted the following section —
Cases in which special provisions do not apply
247A
1
Nothing in section 246 or 246A shall apply where —
a
the company is, or was at any time within the financial year to which the accounts relate —
i
a public company,
ii
a banking or insurance company, or
iii
an authorised person under the Financial Services Act 1986; or
b
the company is, or was at any time during that year, a member of an ineligible group.
2
A group is ineligible if any of its members is —
a
a public company or a body corporate which (not being a company) has power under its constitution to offer its shares or debentures to the public and may lawfully exercise that power,
b
an authorised institution under the Banking Act 1987,
c
an insurance company to which Part II of the Insurance Companies Act 1982 applies, or
d
an authorised person under the Financial Services Act 1986.
3
A parent company shall not be treated as qualifying as a small company in relation to a financial year unless the group headed by it qualifies as a small group, and shall not be treated as qualifying as a medium-sized company in relation to a financial year unless that group qualifies as a medium-sized group (see section 249).
Special auditors' report
5
After section 247A of the 1985 Act there shall be inserted the following section —
Special auditors' report
247B
1
This section applies where —
a
the directors of a company propose to deliver to the registrar copies of accounts (“abbreviated accounts”) prepared in accordance with section 246(5) or (6) or 246A(3) (“the relevant provision”),
b
the directors have not taken advantage of the exemption from audit conferred by section 249A(1) or (2), and
c
the company is not exempt by virtue of section 250 from the obligation to appoint auditors.
2
If abbreviated accounts prepared in accordance with the relevant provision are delivered to the registrar, they shall be accompanied by a copy of a special report of the auditors stating that in their opinion —
a
the company is entitled to deliver abbreviated accounts prepared in accordance with that provision, and
b
the abbreviated accounts to be delivered are properly prepared in accordance with that provision.
3
In such a case a copy of the auditors' report under section 235 need not be delivered, but —
a
if that report was qualified, the special report shall set out that report in full together with any further material necessary to understand the qualification; and
b
if that report contained a statement under —
i
section 237(2) (accounts, records or returns inadequate or accounts not agreeing with records and returns), or
ii
section 237(3) (failure to obtain necessary information and explanations),
the special report shall set out that statement in full.
4
Section 236 (signature of auditors' report) applies to a special report under this section as it applies to a report under section 235.
5
If abbreviated accounts prepared in accordance with the relevant provision are delivered to the registrar, references in section 240 (requirements in connection with publication of accounts) to the auditors' report under section 235 shall be read as references to the special auditors' report under this section.
Group accounts prepared by small company
6
After section 248 of the 1985 Act there shall be inserted the following section–
Group accounts prepared by small company
248A
1
This section applies where a small company–
a
has prepared individual accounts for a financial year in accordance with section 246(2) or (3), and
b
is preparing group accounts in respect of the same year.
2
If the group accounts–
a
comply with the provisions of Schedule 8, or
b
fail to comply with those provisions only in so far as they comply instead with one or more corresponding provisions of Schedule 4,
they need not comply with the provisions or, as the case may be, the remaining provisions of Schedule 4; and where advantage is taken of this subsection, references in Schedule 4A to compliance with the provisions of Schedule 4 shall be construed accordingly.
3
For the purposes of this section, Schedule 8 shall have effect as if, in each balance sheet format set out in that Schedule, for item B.III there were substituted the following item–
B.III Investments
1
Shares in group undertakings
2
Interests in associated undertakings
3
Other participating interests
4
Loans to group undertakings and undertakings in which a participating interest is held
5
Other investments other than loans
6
Others.
4
The group accounts need not give the information required by the provisions specified in section 246(3).
5
Group accounts prepared in accordance with this section shall contain a statement in a prominent position on the balance sheet, above the signature required by section 233, that they are prepared in accordance with the special provisions of this Part relating to small companies.
Minor and consequential amendments
7
1
In subsection (5)(b) of section 171 of the 1985 Act (power of private companies to redeem or purchase own shares out of capital) after “paragraph 34 of Schedule 4” there shall be inserted “or paragraph 34 of Schedule 8”.
2
In section 247(5) of the 1985 Act (calculation of balance sheet total for determining whether company small or medium-sized) after “Part I of Schedule 4” there shall be inserted “or Part I of Schedule 8”.
3
In section 249C(6) of the 1985 Act (provisions of Part VII on which reporting accountant has to give opinion) , for “section 246(1)(a) and (1A) and Section A of Part I of Schedule 8” there shall be substituted “section 246(2) and (3)”.
4
In section 250 of the 1985 Act (resolution not to appoint auditors) —
a
in subsection (1)(b), for sub-paragraph (i) there shall be substituted —
i
is entitled in respect of its individual accounts for that year to prepare accounts in accordance with section 246(2), or would be so entitled but for the application of subsection (1)(a)(i) or (b) of section 247A, and,
and
b
in subsection (4), for paragraph (d) there shall be substituted —
d
the company shall be treated as a company entitled to prepare accounts in accordance with section 246(2) notwithstanding that it is a member of an ineligible group.
5
In section 260(6) of the 1985 Act (meaning of “participating interest” in balance sheet and profit and loss account formats) after “Schedule 4,” there shall be inserted “Part I of Schedule 8, Schedule 8A,”.
6
In the index of defined expressions set out in section 262A of the 1985 Act —
a
in the entry relating to “historical cost accounting rules”, there shall be inserted at the appropriate place the words —
— in Schedule 8 paragraph 29 of that Schedule
;
b
in the entry relating to “listed investment”, there shall be inserted at the appropriate place the words —
— in Schedule 8 paragraph 54 of that Schedule
;
c
for the entry relating to “pension costs” there shall be substituted the following entry —
pension costs — in Schedule 4 paragraph 94(2) of that Schedule — in Schedule 8 paragraph 59(2) of that Schedule — in Schedule 9 paragraph 87(b) of Part I of that Schedule — in Schedule 9A paragraph 86(b) of Part I of that Schedule
;
d
in the entry relating to “provision”, there shall be inserted at the appropriate place —
“ — in Schedule 8 paragraphs 57 and 58 of that Schedule
; and
e
in the entry relating to “social security costs”, there shall be inserted at the appropriate place —
— in Schedule 8 paragraph 59(1) and (3) of that Schedule
.
7
In subsection (2)(b) of section 269 of the 1985 Act (treatment of development costs), after “paragraph 20 of Schedule 4” there shall be inserted “paragraph 20 of Schedule 8”.
8
In paragraph (b) of section 276 of the 1985 Act (distributions in kind) after “Schedule 4” there shall be inserted “or paragraphs 12(a) and 34(3)(a) of Schedule 8”.
9
In paragraph 48(1) of Schedule 4 and paragraph 68(1) of Schedule 9A to the 1985 Act (statement in notes to accounts of details of indebtedness) , for paragraph (b) there shall be substituted —
b
in the case of any debts so included which are payable or repayable by instalments, the amount of any instalments which fall due for payment after the end of that period.
10
In Schedule 4A to the 1985 Act —
a
paragraph 1(2) (application of paragraph 59 of Schedule 4 to group accounts) is hereby repealed; and
b
in paragraph 19(2) (application of provisions of Schedule 4A to proportional consolidation) for “this Part” substitute “this Schedule”.
11
Paragraph 2(1) (a) in Part II of Schedule 9 to the 1985 Act (application to accounts of banking groups of individual accounts provisions) is hereby repealed.
12
Paragraph 1(2) (b) in Part II of Schedule 9A to the 1985 Act (application to accounts of insurance groups of individual accounts provisions) is hereby repealed.
John M. Taylor
Parliamentary Under-Secretary of State for Corporate and Consumer Affairs,
Department of Trade and Industry
29th January 1997


text:
Citation and Commencement
1
These Regulations may be cited as The Distress for Customs and Excise Duties and Other Indirect Taxes Regulations 1997 and shall come into force on 1st July 1997.
Interpretation
2
1
In these Regulations —
“authorised person” means a person acting under the authority of the Commissioners;
“costs” means any costs, charges, expenses and fees;
“officer” means, subject to section 8(2) of the Customs and Excise Management Act 1979 , a person commissioned by the Commissioners pursuant to section 6(3) of that Act;
“person in default” means a person who has refused or neglected to pay any relevant tax due from him;
“relevant tax” means any of the following —
any duty of customs or excise, other than vehicle excise duty;
value added tax;
insurance premium tax;
landfill tax;
any agricultural levy of the European Community;
“ VAT Act ” means the Value Added Tax Act 1994 ;
“walking possession agreement” means an agreement under which, in consideration of any goods and chattels distrained upon being allowed to remain in the custody of the person in default and of the delaying of their sale, that person —
acknowledges that the goods and chattels specified in the agreement are under distraint and held in walking possession; and
undertakes that, except with the consent of the Commissioners and subject to such conditions as they may impose, he will not remove or allow the removal of any of the specified goods and chattels from the place named in the agreement;
“ 1994 Act ” means Part III of the Finance Act 1994 ;
“ 1996 Act ” means Part III of the Finance Act 1996 ;
2
Any reference in these Regulations to an amount of relevant tax includes a reference to any amount recoverable as if it were an amount of that relevant tax.
Revocations and transitional provisions
3
1
The Regulations specified in Schedule 3 are hereby revoked to the extent set out there.
2
Where a warrant is signed before the coming into force of these Regulations, these Regulations shall apply to anything done, after these Regulations come into force, in relation to that warrant or as a consequence of distress being levied.
Levying distress
4
1
Subject to regulation 5 below, if upon written demand a person neglects or refuses to pay any relevant tax due from him an officer may levy distress on the goods and chattels of that person and by warrant signed by him direct any authorised person to levy such distress.
2
Where a warrant has been signed, distress shall be levied by or under the direction of, and in the presence of, the authorised person.
3
Subject to regulation 6 below, distress may be levied on any goods and chattels located at any place whatever including on a public highway.
Restrictions on levying distress
5
1
Where —
a
an amount of any duty of customs or excise (other than vehicle excise duty) or any agricultural levy of the European Community is due and the Commissioners may be required under section 14 of the 1994 Act to review a decision which, if that decision were varied or withdrawn would cause the amount to be reduced or extinguished;
b
an amount of insurance premium tax is due and the Commissioners may be required under section 59 of the 1994 Act to review a decision which, if that decision were varied or withdrawn, would cause the amount to be reduced or extinguished; or
c
an amount of landfill tax is due and the Commissioners may be required under section 54 of the 1996 Act to review a decision which, if that decision were varied or withdrawn, would cause the amount to be reduced or extinguished,
no distress shall be levied before expiry of the last day on which the person who is liable to pay the amount concerned is required, by rules made under paragraph 9 of Schedule 12 to the VAT Act, to serve a notice of appeal with respect to that decision.
2
Where an amount of VAT is due under section 73(9) of the VAT Act no distress shall be levied before expiry of the last day on which the person who is liable to pay the amount concerned is required, by rules made under paragraph 9 of Schedule 12 to the VAT Act, to serve a notice of appeal with respect to that amount.
Goods and chattels not subject to levy
6
No distress shall be levied on any goods and chattels mentioned in Schedule 1 which at the time of levy are located in a place and used for a purpose mentioned in that Schedule.
Times for levying distress
7
1
Subject to paragraph (2) below, a levy of distress shall commence only during the period between eight o'clock in the morning and eight o'clock at night on any day of the week but it may be continued thereafter outside that period until the levy is completed.
2
Where a person holds himself out as conducting any profession, trade or business during hours which are partly within and partly outside, or wholly outside the period mentioned in paragraph (1) above, a levy of distress may be commenced at any time during that period or during the hours of any day in which he holds himself out as conducting that profession, trade or business and it may be continued thereafter outside that period or those hours until the levy is completed.
Costs
8
1
A person in respect of whose goods and chattels a warrant has been signed shall be liable to pay to an officer or authorised person all costs, in connection with anything done under these Regulations described in column 1 of Schedule 2, as determined in accordance with column 2 of that Schedule.
2
An authorised person may, after deducting and accounting for the amount of relevant tax to the Commissioners, retain costs from any amount received.
Sale
9
If any person upon whose goods and chattels distress has been levied does not pay the amount of relevant tax due together with costs within 5 days of a levy, an officer or authorised person may sell the distress for payment of the amount of relevant tax and costs; and the officer or authorised person, after deducting and retaining the amount of relevant tax and costs shall restore any surplus to the owner of the goods upon which distress was levied.
Disputes as to costs
10
1
In the case of any dispute as to costs, the amount of those costs shall be taxed by a district judge of the county court of the district where the distress was levied, and he may make such order as he thinks fit as to the costs of the taxation.
2
In the application of this regulation to Northern Ireland, in the case of any dispute as to costs, the amount of those costs shall be taxed in the same manner as costs in equity suits or proceedings in the county court in Northern Ireland.
E. Woods
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
9th June 1997


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Judicial Factors Rules) (Amendment No. 2) 1997 and shall come into force on 1st November 1997.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of Rules
2
In rule 15(2A) (encroachment on capital) of the Act of Sederunt (Judicial Factors Rules) 1992 , for the words “initial capital of the estate” there shall be substituted the words “capital value of the estate as at the date when application is first made under paragraph (1)”.
Rodger of Earlsferry
Lord President, IPD
Edinburgh
16th October 1997


text:
1
These Regulations may be cited as the Sex Discrimination (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1997 and shall come into force on 1st October 1997.
2
1
A person may present a complaint to an industrial tribunal under section 63 of the Sex Discrimination Act 1975, notwithstanding that section 85(9B) of that Act would otherwise preclude the presentation of such a complaint, where —
a
he has made a complaint in respect of the same matter to an officer under the service redress procedures; and
b
that complaint has not been withdrawn.
2
For the purpose of paragraph (1)(b) above, a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures, he fails to submit that complaint to the Defence Council under those procedures.
John Reid
Minister of State, Ministry of Defence
29th August 1997


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Plant Protection Products (Amendment) (No. 2) Regulations 1997 and shall come into force —
a
as respects all regulations except for regulation 3(b) on 13th November 1997;
b
as respects regulation 3(b) on 30th November 1997.
2
In these Regulations “the principal Regulations ” means the Plant Protection Products Regulations 1995 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 5 of these Regulations and any reference in those provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified of the principal Regulations.
3
In regulation 2(1), in the definition of “the Directive” —
a
after sub-paragraph (g) there shall be inserted the following sub-paragraph —
h
Council Directive 97/57/ EC ;
b
after sub-paragraph (h) there shall be inserted the following sub-paragraph —
i
Commission Directive 96/68/EC .
.
4
At the end of paragraph 1 of Schedule 3 there shall be inserted the following paragraphs —
1A
Notwithstanding paragraph 1 above, and subject to paragraphs 1B and 1C below, regulations 1, 2 and 9 and (insofar as they relate to approvals granted under regulation 9) regulations 13(2) and (5) to (8), 14, 17 and 20 to 27 shall apply to a relevant plant protection product.
1B
Regulation 9 shall not apply to a relevant plant protection product to which any of the exemptions provided in regulation 3(2)(a) to (c) and (e) to (i) of the 1986 Regulations applies.
1C
Notwithstanding regulation 27(2), a pesticide approval in respect of a relevant plant protection product given in the form of an experimental permit under regulation 5(a) of the 1986 Regulations which was in force on 13th November 1997 shall continue to be subject to the 1986 Regulations and shall continue in force until the date of expiry of such approval or earlier revocation under those Regulations.
.
5
For paragraph 8 of Schedule 3 there shall be substituted the following paragraph —
Interpretation
8
For the purposes of this Schedule —
“approved pesticide” means a pesticide which is the subject of a pesticide approval;
“pesticide approval” means approval of a pesticide given under regulation 5 of the 1986 Regulations;
“pesticide approval holder” means any person who holds a current pesticide approval;
“relevant active substance” means an active substance contained in a relevant plant protection product which is an approved pesticide;
“relevant plant protection product” means any plant protection product —
which is a pesticide, or substance, preparation or organism prepared or used for any of the purposes mentioned in regulation 3(1)(b) of the 1986 Regulations, and
at least one of whose active ingredients is an old active substance; and
“active ingredient”, “advertisement”, “organism”, “pesticide”, “preparation”, “sale”, “storage”, “substance”, “supply” and “use” have the same meanings as in the 1986 Regulations.
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
13th October 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
13th October 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (TeleBermuda International (UK) Ltd) Order 1997 and shall come into force on 17th April 1997.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Ian Taylor,
Parliamentary Under-Secretary of State for Science and Technology,
Department of Trade and Industry
17th March 1997


text:
1
This Instrument may be cited as “The City of Manchester (Egerton Street West Bridge Scheme) 1994 Confirmation Instrument 1997” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The City of Manchester (Egerton Street West Bridge Scheme) 1994 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto and copies of the Scheme with its accompanying plans as modified are deposited at the offices of the Department of Transport and at the offices of the Council of the City of Manchester at the Town Hall, Albert Square, Manchester, M60 2LA.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Government Office for the North East
6th March 1997 TAKE IN FOUR MAPS