text:
Citation and commencement
1
These Regulations may be cited as the Diving at Work Regulations 1997 and shall come into force on 1st April 1998.
Interpretation
2
1
In these Regulations:
“the 1995 Order ” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 ;
“approved qualification” means such qualification as is approved by the Executive under regulation 14;
“certificate of medical fitness to dive” means a certificate issued in accordance with regulation 15;
“diver” means a person at work who dives;
“diving contractor” shall be construed in accordance with regulation 5;
“diving operation” means a diving operation identified in the diving project plan pursuant to regulation 8(3);
“diving operation record” means the record required to be kept in accordance with regulation 6(3)(e);
“diving project” means any activity, made up of one or more diving operations, in which at least one person takes part or will take part as a diver and extends from the time when that person, or the first such person, commences to prepare to dive until that person, or the last such person, has left the water, chamber or other environment in which the dive, or any part of the dive, took place and has completed any requisite decompression procedures, including, where it may be reasonably anticipated that this will be needed, any therapeutic recompression;
“diving project plan” means a document prepared under regulation 6(2)(a) in accordance with regulation 8;
“Executive” means the Health and Safety Executive;
“supervise” means the exercise of direct personal control and “supervising” shall be construed accordingly;
“supervisor” means a person appointed to supervise under regulation 6(2)(b);
“visiting force” has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952 .
2
For the purposes of these Regulations a person “dives” if —
a
he enters —
i
water or any other liquid; or
ii
a chamber in which he is subject to pressure greater than 100 millibars above atmospheric pressure; and
b
in order to survive in such an environment he breathes in air or other gas at a pressure greater than atmospheric pressure;
and references to “a dive” and “dive” shall be construed accordingly;
3
Any reference in these Regulations to —
a
a numbered regulation is a reference to the regulation in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Application and extent
3
1
These Regulations shall apply to and in relation to any diving project apart from the following —
a
the care or treatment of patients in a hospital or other place, not under the control of the diving contractor, where emergency medical treatment is provided or in transit to such hospital or place where the means of transit is provided by or in respect of the hospital or other place;
b
operations in which members of the armed forces of the Crown or of a visiting force are engaged in warfare or training for warfare;
c
work carried out in any air which is compressed in order to prevent the ingress of ground water to the works or to stabilise the area around the works.
2
These Regulations shall apply to and in relation to the premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the 1995 order as they apply within Great Britain.
Duty to ensure compliance with these Regulations
4
Every person who to any extent is responsible for, has control over or is engaged in a diving project or whose acts or omissions could adversely affect the health and safety of persons engaged in such a project, shall take such measures as it is reasonable for a person in his position to take to ensure that these Regulations are complied with.
The diving contractor
5
1
No person at work shall dive in a diving project and no employer shall employ any person in such a project unless there is one person and one person only who is the diving contractor for that project.
2
The diving contractor shall, subject to paragraph (3), be the person who —
a
is the employer of the diver or divers engaged in the diving project; or
b
dives in the diving project as a self-employed diver.
3
Where there is more than one person falling within paragraph (2) those persons shall jointly appoint in writing before the commencement of the diving project one of themselves to act as diving contractor.
Duties of diving contractor
6
1
The diving contractor shall ensure, so far as is reasonably practicable, that the diving project is planned, managed and conducted in a manner which protects the health and safety of all persons taking part in that project.
2
The diving contractor shall —
a
ensure that, before the commencement of the diving project, a diving project plan is prepared in respect of that project in accordance with regulation 8 and that the plan is thereafter updated as necessary during the continuance of the project;
b
before the commencement of any diving operation —
i
appoint a person to supervise that operation in accordance with regulation 9;
ii
make a written record of that appointment; and
iii
ensure that the person appointed is supplied with a copy of any part of the diving project plan which relates to that operation;
c
as soon as possible after the appointment of a supervisor, provide that supervisor with a written record of his appointment.
3
The diving contractor shall —
a
ensure that there are sufficient people with suitable competence to carry out safely and without risk to health both the diving project and any action (including the giving of first-aid) which may be necessary in the event of a reasonably forseeable emergency connected with the diving project;
b
ensure that suitable and sufficient plant is available whenever needed to carry out safely and without risk to health both the diving project and any action (including the giving of first-aid) which may be necessary in the event of a reasonably forseeable emergency connected with the diving project;
c
ensure that the plant made available under sub-paragraph (b) is maintained in a safe working condition;
d
ensure, so far as reasonably practicable, that any person taking part in the diving project complies with the requirements and prohibitions imposed on him by or under the relevant statutory provisions and observes the provisions of the diving project plan;
e
ensure that a record containing the required particulars is kept for each diving operation; and
f
retain the diving operation record in his possession for at least two years after the date of the last entry in it.
4
In this regulation, the “required particulars” means such particulars as are approved for the time being in writing by the Executive for the purposes of sub-paragraph 3(e); and any such approval may be given generally or in respect of any diving project or class of diving projects.
Information to be supplied to Executive by diving contractor
7
1
No person shall act as a diving contractor unless the particulars listed in Schedule 1 have been supplied in writing to the Executive by or in respect of that person.
2
Where there is a change in any of the particulars supplied under paragraph (1) the diving contractor shall ensure that details of the change are forthwith supplied in writing to the Executive.
3
Paragraphs (1) and (2) shall not apply where each person (apart from any person at work) diving in the diving project does so for recreational purposes.
Diving project plan
8
1
The diving project plan shall be based on an assessment of the risks to the health and safety of any person taking part in the diving project and shall consist of a record of the outcome of the planning carried out in accordance with regulation 6(1) including all such information and instructions as are necessary to give advice to and to regulate the behaviour of those so taking part to ensure, so far as is reasonably practicable, their health and safety.
2
Without prejudice to the generality of paragraph (1), the diving project plan shall identify any approved code of practice giving guidance on these Regulations which will apply to the diving project.
3
The diving project plan shall identify each diving operation which makes up the diving project and the nature and size of any diving operation so identified shall be such that it can be safely supervised by one person.
Appointment of supervisor
9
1
Only one supervisor shall be appointed to supervise a diving operation at any one time.
2
No person shall be appointed, or shall act, as a supervisor unless he is competent and, where appropriate, suitably qualified to perform the functions of supervisor in respect of the diving operation which he is appointed to supervise.
Duties of supervisor
10
1
The supervisor shall, in respect of the diving operation for which he has been appointed as supervisor —
a
ensure that it is carried out, so far as is reasonably practicable —
i
without risk to the health and safety of all those taking part in that operation and of other persons who may be affected thereby;
ii
in accordance with the requirements and prohibitions imposed on him by or under any relevant statutory provisions; and
iii
in accordance, where this would not conflict with either (i) or (ii) above, with the diving project plan; and
b
before the commencement of the operation, ensure that each person taking part is aware of the contents of the diving project plan which relate to that operation; and
c
enter in the diving operation record the particulars required by regulation 6(4) during the course of the operation.
2
The supervisor shall not dive during the diving operation which he is supervising unless —
a
either —
i
he is guiding persons engaged in, or training persons to carry out or teach, recreational diving (and for this purpose recreational diving means diving which is carried out by a person for recreational purposes whilst he is not at work) and the persons taking part in the dive use only self-contained underwater breathing apparatus; or
ii
the dive is for archaeological, educational or scientific purposes, takes place in a tank or pool artificially constructed for the purpose of swimming or diving and the persons taking part in the dive use only self-contained underwater breathing apparatus; and
b
the supervisor can so dive without risk to the health and safety of those taking part in that operation and of other persons who may be affected thereby; and
c
the diving project plan which relates to that operation specifically provides for the supervisor to so dive.
Power of supervisor to give directions
11
A supervisor may, whilst supervising the diving operation in respect of which he is appointed, give such reasonable directions to any person taking part in that operation or who may affect the safety of that operation as are necessary to enable him to comply with regulation 10.
Duties of and restrictions on divers
12
1
No diver shall dive in a diving project unless he —
a
has, subject to paragraph (2), an approved qualification which is valid for any activity he may reasonably expect to carry out while taking part in the diving project; and
b
has a valid certificate of medical fitness to dive.
2
Sub-paragraph (a) of paragraph (1) shall not apply to a diver who dives —
a
as a part of training which, if successfully completed, would lead to the issue of an approved qualification;
b
only by virtue of entering a chamber in order to provide emergency medical treatment; or
c
as an actor or performer taking part in a live performance or the recording of a performance other than a person whose work normally involves work as a diver.
3
Every diver engaged in a diving project shall —
a
maintain a daily record of his diving; and
b
keep that record in his possession for at least two years after the date of the last entry in it.
4
Paragraphs (1)(a) and (3) shall not apply to a diver, other than a person whose work normally involves work as a diver, who dives for educational purposes in a tank or pool artificially constructed for the purpose of swimming or diving and who uses self-contained underwater breathing apparatus.
Duties of and restrictions on persons engaged in a diving project
13
1
No person shall dive in a diving project —
a
unless he is competent to carry out safely and without risk to health any activity he may reasonably expect to carry out while taking part in the diving project; or
b
if he knows of anything (including any illness or medical condition) which makes him unfit to dive.
2
Every person engaged in a diving project shall comply with —
a
any directions given to him by a supervisor under regulation 11; and
b
where they would not conflict with those directions, any instructions applicable to him in the diving project plan.
Approved qualifications
14
1
The Executive may approve in writing such qualification as it considers suitable for the purpose of ensuring the adequate competence of divers for the purposes of regulation 12(1)(a).
2
Any approval given under paragraph (1) may be limited to any diver or class of divers or any dive or class of dive, may be subject to conditions or limited to time, and may be revoked in writing by the Executive at any time.
3
An approved qualification shall not be valid for the purposes of regulation 12(1)(a) unless any limitation or any condition as to the approval of the qualification under this regulation is satisfied or complied with and the approval has not been revoked.
Certificate of medical fitness to dive
15
1
A certificate of medical fitness to dive is a certificate from a medical examiner of divers (or from the Executive following an appeal under paragraph (4)) that the person issuing the certificate considers the person named in the certificate to be fit to dive.
2
A certificate of medical fitness to dive shall state —
a
the period (which shall not exceed 12 months) during which the person issuing the certificate considers the person named in the certificate will remain fit to dive; and
b
any other limitations as to the nature or category of diving to which it relates.
3
A certificate of medical fitness to dive may be subject to conditions stated in the certificate and may be revoked at any time on medical grounds by a medical examiner of divers or the Executive.
4
Where a certificate of medical fitness to dive is —
a
refused,
b
granted subject to limitations under paragraph (2), or
c
subjected to conditions or revoked under paragraph (3),
by a medical examiner of divers, the person who applied for or holds the certificate may, within 28 days of the decision in question, appeal to the Executive against that decision; and the Executive shall thereupon review the decision and if satisfied that the decision should be reversed or altered shall issue a certificate to that effect.
5
A certificate of medical fitness to dive shall not be valid unless any limitation or any condition stated in it is satisfied or complied with and it has neither expired nor been revoked.
6
In this regulation, “medical examiner of divers” means a medical practitioner who is, or who falls within a class of medical practitioners which is, for the time being, approved in writing by the Executive for the purposes of this regulation; and any such approval may be given generally or restricted to any class of diver or dive.
Exemption certificates
16
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons, any diving operation or class of diving operations and any plant or class of plant from any requirement or prohibition imposed by any provision of these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Transitional and supplementary provisions
17
1
Any certificate of training and any certificate of medical fitness to dive issued, or having effect as if issued, under the Diving Operations at Work Regulations 1981 (“the 1981 Regulations ”) shall have effect, subject to any conditions or limitations contained in any such certificate, as if it were, as the case may be, an approved qualification or a certificate of medical fitness to dive for the purposes of these Regulations.
2
Any diving operation log book required to be maintained under the 1981 Regulations shall be regarded, in respect of entries made therein before the coming into force of these Regulations, as if it were a diving operation record for the purpose of these Regulations.
3
Any diver’s log book retained in accordance with regulation 7(5) of the 1981 Regulations shall be retained for such period of time as would have been required by that regulation had the 1981 Regulations not been revoked.
Revocations
18
The following instruments are revoked, namely —
a
The Diving Operations at Work Regulations 1981 ;
b
The Diving Operations at Work (Amendment) Regulations 1990 ; and
c
The Diving Operations at Work (Amendment) Regulations 1992 .
Amendments
19
The instruments mentioned in Schedule 2 shall be amended to the extent specified in that Schedule.
Signed by authority of the Secretary of State
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
24th November 1997


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
This Order may be cited as The A501 Trunk Road (Camden and Islington) Red Route Traffic Order 1997, and shall come into force on 13th October 1997.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”;
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”;
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
The A501 Trunk Road (Camden and Islington) Red Route Experimental Traffic Order 1996 , The Camden (Waiting and Loading Restriction) ( No. 2) Order 1993 and The Islington (Waiting and Loading Restriction) Order 1976 are hereby revoked, in so far as its provisions relate to any part of the trunk red route.
TRO 346
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
29th September 1997


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997 and shall come into force on 20th January 1998.
Interpretation and application
2
1
In these Regulations —
“authorised person” means a person authorised by the Secretary of State to carry out inspections and audits for the purposes of these Regulations, and includes any surveyor of ships appointed under section 256 of the Merchant Shipping Act 1995 ;
“Council Regulation” means Council Regulation ( EC ) No 3051/95 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries);
“ MSA ” means the Marine Safety Agency, an executive agency of the Department of the Environment, Transport and the Regions, and any successor.
2
In these Regulations the following terms have the meaning given by Article 2 of the Council Regulation:
“company”
“document of compliance”
“ISM Code”
“regular service”
“ro-ro ferry”
“safety management certificate”.
3
The Merchant Shipping (Operations Book) Regulations 1988 shall cease to apply to ships to which these Regulations apply.
4
These Regulations apply to any company operating at least one ro-ro ferry to or from a port in the United Kingdom on a regular service, and to any ship operating on such a service.
Duty of companies to comply with Article 4.1 of the Council Regulation
3
Any company which fails to comply with Article 4.1 of the Council Regulation shall be guilty of an offence, and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
Powers of inspection, suspension of service and detention
4
1
a
Any authorised person may inspect any ship (including auditing its safety management system) and may audit the safety management system of any company.
b
If an authorised person considers that the company, notwithstanding that it holds a document of compliance, cannot operate a ro-ro ferry on a regular service to or from a port in the United Kingdom for reasons of risks of serious danger to safety of life or property, or environment, the operation of such service (which includes all ships operated by the company on that service) may be suspended.
c
If an authorised person is satisfied, on inspecting a ship that there is a failure to comply in relation to that ship with the requirements of the Council Regulation he may detain the ship. Any notice of detention shall contain the reasons for detention.
2
a
In the circumstances set out in paragraph (1)(b) above the authorised person may serve on the company a notice stating that the operation of the service specified in the notice is suspended.
b
When the authorised person is satisfied that the danger has been removed, or when it has been decided pursuant to sub-paragraph (c) in Article 7 of the Council Regulation that the suspension is not justified, he shall serve on the company a further notice stating the suspension is ended.
3
Any company which operates a ship on a service when the service is suspended under paragraph (2)(a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
4
An authorised person exercising functions under this regulation shall have the powers conferred on an inspector by section 259 of the Merchant Shipping Act 1995.
5
In any case where a ship is liable to be detained, section 284 of the Merchant Shipping Act 1995 (which relates to the detention of the ship) shall have effect in relation to the ship subject to the modification that as if for the words “this Act” wherever they appear, there were substituted “the Merchant Shipping (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997”.
Suspension or cancellation of documents and certificates
5
1
The Secretary of State may by notice in writing suspend or cancel a document of compliance or safety management certificate issued by him pursuant to the Council Regulation where he has reason to believe that:
a
the certificate or document was issued on false or erroneous information; or
b
since any audit required by the ISM Code the management structure of either the company or ship has changed substantively;
2
The Secretary of State may require that a document of compliance or safety management certificate, issued by him pursuant to the Council Regulation, which has expired or has been suspended or cancelled, be surrendered as directed.
3
No person shall:
a
intentionally alter a document of compliance or safety management certificate;
b
in connection with any audit required by the Council Regulation knowingly or recklessly furnish false information;
c
with intent to deceive, use, lend or allow to be used by another, a document of compliance or safety management certificate;
d
fail to surrender a document of compliance or safety management certificate required to be surrendered under paragraph (2) above; or
e
in Scotland forge any document of compliance or safety management certificate.
4
Any contravention of this regulation shall be an offence, punishable on summary conviction by a fine not exceeding the statutory maximum, or conviction on indictment by imprisonment for a term not exceeding 6 months, or a fine, or both.
Defence
6
It shall be a defence for a person charged with an offence under these Regulations to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Offences
7
The provisions of sections 277 (offences by officers of bodies corporate) and 278 (offences by partners, etc. in Scotland) of the Merchant Shipping Act 1995 shall apply in respect of offences under these Regulations as they apply in respect of offences under that Act.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
17th December 1997


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 and shall come into force on 20th June 1997.
2
The following Regulations are hereby revoked:
The Merchant Shipping (Certification and Watchkeeping) Regulations 1982 ;
The Merchant Shipping (Safe Manning Document) Regulations 1992 ;
The Merchant Shipping (Hours of Work) Regulations 1995 .
Interpretation
2
1
In these Regulations,
“appropriate certificate” means in relation to United Kingdom ships an appropriate certificate as defined in the Training and Certification Regulations , and in relation to other ships, an appropriate certificate as defined in the STCW Convention;
“authorised person” means a person authorised by the Secretary of State for the purposes of these Regulations;
“company” includes an individual, and in relation to a ship means the owner of the ship or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed on the company by the Regulations annexed to the STCW Convention;
“ GT ” means gross tons; and the gross tonnage of a ship having alternative gross tonnage shall be the larger of those tonnages; for a ship having its tonnage determined both under Part II and regulation 16 of the Merchant Shipping (Tonnage) Regulations 1982 its gross tonnage shall be that determined under regulation 16;
“hazardous cargo” means cargo which is or may be explosive, flammable, toxic, health-threatening or environment-polluting;
“Merchant Shipping Notice” means a Notice described as such and issued by the MSA ;
“MSA” means the Marine Safety Agency, an executive agency of the Department of Transport;
“safe manning document” means a document, described as such, issued, in the case of a United Kingdom ship by the Secretary of State, and in the case of any other ship by or on behalf of the government of the State whose flag the ship is entitled to fly;
“safety committee” means a safety committee set up pursuant to the Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations 1982 ;
“sea-going” means going beyond the limits of waters of category A, B, C and D (as categorised in Merchant Shipping Notices No. M1504 and No. M1569);
“STCW Code” means the Seafarers' Training, Certification and Watchkeeping Code adopted by the 1995 Conference of Parties to the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, 1978;
“STCW Convention” means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended on 7th July 1995;
“specified by the Secretary of State” means specified in Merchant Shipping Notice MSN 1682;
“Training and Certification Regulations” means the Merchant Shipping (Training and Certification) Regulations 1997 .
2
Any reference to the STCW Code, the STCW Convention or a particular Merchant Shipping Notice includes any amendment to that Convention or Notice which the Secretary of State considers relevant from time to time and specifies in a Merchant Shipping Notice.
3
In these Regulations, unless the context otherwise requires: —
a
a reference to a numbered regulation is a reference to the regulation of that number in these Regulations; and
b
a reference to a numbered paragraph is a reference to the paragraph of that number in that regulation.
Application
3
These Regulations apply to sea-going ships which are:
a
United Kingdom ships wherever they are; and
b
other ships when in United Kingdom waters,
except —
fishing vessels;
pleasure craft as defined in regulation 3 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1993 ;
vessels referred to in regulation 16(2) of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1993.
Responsibilities of companies, masters and others
4
1
This regulation applies only to United Kingdom ships.
2
Every company shall ensure that: —
a
every seaman assigned to any of its ships holds an appropriate certificate in respect of any function he is to perform on that ship;
b
every seaman on any of its ships has had training specified in the Training and Certification Regulations in respect of any function he is to perform on that ship; and
c
documentation and data relevant to all seamen employed on its ships are maintained and readily available for inspection and include, without being limited to, documentation and data on their experience, training, medical fitness and competency in assigned duties.
3
Nothing in paragraph (2) shall prohibit the allocation of tasks for training under supervision or in case of force majeure.
4
The company shall provide written instructions to the master of each of its ships setting out the policies and the procedures to be followed to ensure that all seamen who are newly employed on board the ship are given a reasonable opportunity to become familiar with the shipboard equipment, operating procedures and other arrangements needed for the proper performance of their duties, before being assigned to those duties.
5
The policies and procedures referred to in paragraph (4) shall include:
a
allocation of a reasonable period of time during which each newly employed seaman will have an opportunity to become acquainted with —
i
the specific equipment the seaman will be using or operating; and
ii
ship-specific watchkeeping, safety, environmental protection and emergency procedures and arrangements the seafarer needs to know to perform the assigned duties properly; and
b
designation of a knowledgeable crew member who will be responsible for ensuring that an opportunity is provided to each newly employed seaman to receive essential information in a language the seaman understands.
6
It shall be the duty of any master and any member of a crew designated with an obligation under paragraph (4) to carry out that obligation.
Safe manning document
5
1
It shall be the duty of the company to ensure that in relation to every ship of 500 GT or more —
a
a safe manning document is in force in respect of the ship and the manning of the ship;
b
the safe manning document is kept on board the ship at all times; and
c
the manning of the ship is maintained at all times to at least the levels specified in the safe manning document.
2
The master of any ship to which this regulation applies shall ensure that the ship does not proceed to sea unless there is on board a valid safe manning document issued in respect of the ship and the manning of the ship complies with that document.
3
a
It shall be the duty of a company applying for a safe manning document in respect of any United Kingdom ship to submit to the MSA proposals as to the numbers and grade of personnel it considers should be carried so that the ship would be safely manned if it proceeded to sea on any intended voyages.
b
In preparing such proposals the company shall take into account any guidance issued by the MSA.
c
It shall be the duty of the company after the issue of a safe manning document to inform the MSA as soon as any of the circumstances which are pertinent to that safe manning document change, for the purpose of enabling the MSA to review the document’s continuing validity or approve fresh proposals from the company.
4
Notwithstanding the revocation in regulation 1(2) of the Merchant Shipping (Safe Manning Document) Regulations 1992, a safe manning document issued pursuant to those Regulations shall continue to be valid (subject to paragraph (3)(c)) until 1st February 2002.
Hours of work
6
Regulations 7 to 10 apply only to United Kingdom ships.
General duty of company, employers and masters
7
1
Subject to regulation 10, it shall be the duty of every company in respect of a ship, and of every employer, to ensure, so far as is reasonably practicable, that the master and seamen do not work more hours than is safe in relation to the safety of the ship and the master’s and the seamen’s performance of their duties.
2
Subject to regulation 10, it shall be the duty of every master of a ship to ensure, so far as is reasonably practicable, that seamen do not work more hours than is safe in relation to the safety of the ship and seamen’s performance of their duties.
Duties of master and seamen
8
Every master and seaman shall, so far as is reasonably practicable, ensure that he is properly rested when commencing duty on a ship and that he obtains adequate rest during periods when he is off duty.
Schedules of duties, and need to record
9
1
It shall be the duty of the company to produce a schedule of duties complying with this regulation.
2
Where the company is not also the employer of the master and all the seamen, it shall consult any other person who is an employer of the master or of any of the seamen before production of the schedule.
3
The company may arrange with any such employer that the employer is to produce a schedule of duties complying with this regulation. In such a case that employer shall also be subject to the duties of the company under this regulation.
4
Before producing a schedule the company shall seek the views of the master, and the master shall seek, and convey to the company, the views of —
a
the ship’s safety committee; or
b
the seamen or their representatives; or
c
a trade union with one or more members on board ship.
5
A schedule complies with this regulation if —
a
it sets out the hours of work for —
i
masters and seamen whose work includes regular watchkeeping duties or ship handling; and
ii
the ship’s chief engineer, chief officer and second engineer officer,
so as to provide that they do not work more hours than is safe in relation to the safety of the ship and the master’s and seamen’s performance of their duties;
b
it specifies the maximum period of continuous watchkeeping, the minimum rest period between watches, and the total daily, weekly and monthly hours of work; and
c
it provides a minimum of ten hours of rest in any 24-hour period, which may be divided into no more than two periods, one of which shall be at least six hours in length: Provided that the minimum period of ten hours may be reduced to not less than six consecutive hours on condition that any such reduction shall not extend beyond two days and not less than seventy hours of rest are provided in each seven day period.
6
The company shall give consideration to the category of shipping operation undertaken in arranging the hours of work.
7
The schedule may be changed by the company, or by an employer who by virtue of paragraph (3) is subject to the duties of the company, on condition that —
a
other employers and the company (as the case may be) have been consulted;
b
the company or the employer has sought the views of the master on the proposed changes and the master has sought and conveyed to the company the views of persons mentioned in paragraph (4)(a), (b) or (c); and
c
the schedule as changed complies with paragraph (5).
8
The company shall ensure that the schedule is displayed prominently in the crew accommodation for the information of all the seamen.
9
It shall be the duty of the master to ensure, as far as reasonably practicable, that the hours of work specified in the schedule are not exceeded.
10
a
The company and the master shall maintain on the ship a copy of the schedule, and a record of all deviations from its requirements.
b
The company for the time being shall ensure that a copy of the schedule and of the record of all deviations from its requirements are preserved for five years from the date the schedule was introduced, and that they are available for inspection by a Superintendent, a proper officer within the meaning of section 313(1) of the Merchant Shipping Act 1995, a surveyor of ships, or an inspector appointed under section 256(1) of that Act. If during the five year period there ceases to be a company in relation to the ship, the duty to preserve the copies of the schedule and of the record shall remain with the last such company.
Exception for emergencies
10
1
The requirements for rest periods specified in regulation 9(5)(c) need not be maintained in case of any emergency or drill or in other overriding operational conditions.
2
Without prejudice to the generality of paragraph (1), a master of a ship or seaman may participate in a navigational, engine room or machinery watch although he has not had the rest period provided by the schedule produced in pursuance of regulation 9, and the master may exceed, and a seaman may be required to exceed, the schedule’s work or duty periods, when in the opinion of the master it is necessary to meet one of the following situations —
a
an emergency threatening the safety of the ship or the life of any person or threatening damage to the environment;
b
employment of the ship in the service of the Ministry of Defence at a time when the ship is operating in direct support of Her Majesty’s armed forces, or in direct support of the forces of any foreign power to which the United Kingdom is bound by any Treaty to provide operational support.
3
When in pursuance of paragraph (1) the master or a seaman has worked within a rest period provided for by the schedule, his name shall be entered in the record required to be maintained by regulation 9(10), together with the reason why he so worked.
Watchkeeping arrangements
11
1
The master of any ship shall ensure that the watchkeeping arrangements for the ship are at all times adequate for maintaining safe navigational and engineering watches having regard to Chapter VIII of section A of the STCW Code.
2
Without prejudice to the duties of the master provided by paragraph (1) the master shall give directions to the deck watchkeeping officers responsible for navigating the ship safely during their periods of duty, in accordance with Part 3 — 1 of Section A VIII/2 of the STCW Code and any requirements specified by the Secretary of State.
3
The chief engineer officer of any ship shall ensure that the engineering watchkeeping arrangements for the ship are at all times adequate for maintaining a safe watch, in accordance with Part 3-2 of section A-VIII/2 of the STCW Code, and when deciding the composition of the watch the chief engineer officer shall observe the principles set out in Part 3-2 of that section and the requirements specified by the Secretary of State.
Watchkeeping arrangements in port
12
The master of any ship which is safely moored or safely at anchor under normal circumstances in port shall arrange for an appropriate and effective watch to be maintained for the purposes of safety. Such arrangements shall be in accordance with Part 4 of section A-VIII/2 of the STCW Code and any operational guidance specified by the Secretary of State.
Watchkeeping arrangements in port for ships carrying hazardous cargo
13
1
The master of any ship which is carrying hazardous cargo and which is in port, even when safely moored or safely at anchor, shall in addition to any watchkeeping arrangements required under regulation 12, in the case of:
a
a ship carrying hazardous cargo in bulk, ensure that a safe deck watch and safe engineering watch are maintained by the ready availability on board of a duly qualified officer or officers, and where appropriate ratings; and
b
a ship carrying hazardous cargo other than in bulk ensure that in organising safe watchkeeping arrangements he takes account of the nature, quantity, packing and stowage of the hazardous cargo and of any special conditions on board, afloat and ashore.
2
Such watchkeeping arrangements shall take full account of the principles and requirements specified by the Secretary of State.
Carriage of documents
14
Without prejudice to regulation 4, the company and the master shall ensure that there are carried at all times on board ship all original certificates and other documents issued pursuant to the STCW Convention indicating the qualification of any member of the crew to perform functions which they are required to perform aboard ship in the course of their designated duties.
Inspection of non-United Kingdom ships
15
1
An authorised person may inspect any ship which is not a United Kingdom ship for the purposes of —
a
verifying that all seamen serving on board who are required to be certificated hold valid appropriate certificates; and
b
assessing the ability of the seamen in the ship to maintain the watchkeeping standards required by these Regulations where there are grounds for believing that such standards are not being maintained because, while in a port in the United Kingdom or in the approaches to that port, any of the following have occurred —
i
the ship has been involved in a collision, grounding or stranding;
ii
there has been an unlawful discharge of substances from the ship when underway, at anchor or at a berth;
iii
the ship has been manoeuvred in an erratic or unsafe manner, or navigational course markers or traffic separation schemes have not been followed; or
iv
the ship has otherwise been operated in such a manner as to pose a danger to persons, property or the environment.
2
If an authorised person finds on inspection any deficiency of a kind specified in paragraph (3) he shall notify in writing the master of the ship and in the case of a ship registered outside the United Kingdom, the nearest maritime, consular or diplomatic representative of the flag State.
3
Deficiencies referred to in paragraph (2) are —
a
a failure of any seaman, required to hold an appropriate certificate, to have a valid appropriate certificate or a valid exemption from that requirement;
b
a failure to comply with the safe manning document;
c
a failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the competent authority of the country in which the ship is registered;
d
an absence on a watch of a person qualified to operate equipment essential to safe navigation, safety radio communications or the prevention of marine pollution;
e
an inability of the master to provide adequately rested persons for the first watch at the commencement of a voyage and for subsequent relieving watches.
Power to detain
16
1
In any case where it is found —
a
in relation to a ship which is a United Kingdom ship, that there is any contravention of these Regulations; or
b
in relation to a ship which is not a United Kingdom ship, that there is —
i
any contravention of regulation 5, 11, 12 or 13; or
ii
a failure to correct a deficiency of a kind specified in regulation 15(2) after notification to the master pursuant to regulation 15(2), and there is in consequence a danger to persons, property or the environment,
the ship may be detained, and section 284 of the Merchant Shipping Act 1995 (detention of a ship) shall apply as if for the words “the Act”, whenever they appear, there were substituted the words “the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997”.
2
Regulations 10, 11 and 12 (right of appeal, arbitration and compensation) of the Merchant Shipping (Port State Control) Regulations 1995 shall apply in relation to a detention order under these Regulations as they apply to a detention order under those Regulations.
Penalties
17
1
Any company which contravenes regulation 4(2) or (4), 5(1) or (3), 9(1), (2), (8) or (10) or 14 shall be guilty of an offence punishable on summary conviction by a fine not exceeding the statutory maximum, or on indictment by a fine, or (in the case of an individual) by imprisonment not exceeding 6 months, or both.
2
Any master who contravenes regulation 4(b), 5(2), 7(2), 11(1) or (2), 12, 13 or 14 shall be guilty of an offence punishable on summary conviction by a fine not exceeding the statutory maximum, or on indictment by a fine, or by imprisonment not exceeding 6 months, or both.
3
Any member of the crew who contravenes regulation 4(6) shall be guilty of an offence, punishable on summary conviction by a fine not exceeding level 3 on the standard scale.
4
Any chief engineer who contravenes regulation 11(3) shall be guilty of an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale.
5
Any company which contravenes regulation 7(1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
Any employer who contravenes regulation 7(1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
7
Any master who contravenes regulation 8, 9(9) or (10) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.
8
Any seaman who contravenes regulation 8 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.
9
It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable steps to avoid commission of the offence.
10
In any proceedings for an offence under these Regulations consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the accused to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement.
Exemptions
18
The Secretary of State may grant, on such terms, if any, as he may specify, exemptions from all or any provisions of these Regulations for classes of cases or individual cases.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under-Secretary of State,
Department of Transport
19th May 1997


text:
1
This Order may be cited as the Local Authorities (Armorial Bearings) Order 1997 and shall come into force on 9th April 1997.
2
The armorial bearings which, immediately before 1st April 1996 were lawfully borne and used by the City Council of York, may be borne and used by York City Council, provided they have first been exemplified according to the laws of arms and recorded in the College of Arms.
3
The armorial bearings which, immediately before 1st April 1974, were lawfully borne and used by the Corporation of the City of Worcester, may be borne and used by Worcester City Council, provided they have first been exemplified according to the laws of arms and recorded in the College of Arms.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Food and Environment Protection Act 1985 (Guernsey) (Amendment) Order 1997 and shall come into force on 22nd August 1997.
2
In article 3 of the Food and Environment Protection Act 1985 (Guernsey) Order 1987 (“ the Order ”), for the words “Schedules 2 to 4” there shall be substituted the words “Schedules 2 and 3”.
3
Section 14 of the Food and Environment Protection Act 1985 (“the 1985 Act ”) shall extend to the Bailiwick of Guernsey with the substitution for paragraph 10 of the Schedule to the Order of —
10
In section 14 —
a
in subsection (1), for the words “each licensing authority, as respects licences for which it is the licensing authority,” there shall be substituted the words “the Board”;
b
in paragraphs (a) to (d) of subsection (1), for the words “that authority” there shall be substituted the word “it”;
c
in subsection (5), for the words “each licensing authority” there shall be substituted the words “the Board”, and for the words “the authority” there shall be substituted the word “it”;
d
in subsection (7), after “regulations” there shall be inserted “of the Board”;
e
subsection (8) shall be omitted.
.
4
Section 21 of the 1985 Act shall extend to the Bailiwick of Guernsey with the substitution for paragraph 13 of the Schedule to the Order of —
13
In section 21 —
a
subsections (1), (2) and (4) shall be omitted;
b
in subsection (3), for the words “to which this subsection applies” there shall be substituted the words “under section 9(2) above”; and
c
in subsection (8), for the words “United Kingdom” there shall be substituted the word “Bailiwick”.
.
5
Paragraph 3 of Schedule 2 to the 1985 Act shall extend to the Bailiwick of Guernsey with the substitution for sub-paragraph (b)(ii) of paragraph 17 of the Schedule to the Order of —
ii
in sub-paragraph (3), for the words from “under” to “an officer” there shall be substituted the words “under Part II of this Act an officer”;
.
N.H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Town and Country Planning (Development Plan) (Amendment) Regulations 1997 and shall come into force on 24th March 1997.
Amendment of Regulations
2
The Town and Country Planning (Development Plan) Regulations 1991 are amended as follows.
Interpretation
3
In regulation 2(1) (interpretation), after the definition of “by local advertisement” insert the following definition —
“national waste strategy” means a statement which contains the Secretary of State’s policies in relation to the recovery and disposal of waste in England and Wales, and which is made under section 44A of the Environmental Protection Act 1990;
.
Regard to be had to certain matters and statement of regard
4
In regulation 9 (regard to be had to certain matters and statement of regard) —
a
at the end of paragraph (1)(b), delete “and”;
b
at the end of paragraph (1)(c), delete “area.” and insert
area; and
d
national waste strategy.
;
c
in paragraph (2), after “section 50 of the Environmental Protection Act 1990” insert “ or to the national waste strategy as the case may be”;
d
for paragraph (3)(b), substitute —
b
the regard which the authority have had in formulating their waste policies in Part II to any waste disposal plan for their area or to the national waste strategy and the reason for any inconsistency between their waste policies and the waste disposal plan or the national waste strategy; and
;
e
for paragraph (5)(b), substitute —
b
in the case of a waste local plan, or a local plan or a minerals local plan containing waste policies, the regard which the local planning authority have had in formulating their waste policies to any waste disposal plan or to the national waste strategy and the reason for any inconsistency between their waste policies and the waste disposal plan or the national waste strategy.
.
Pre-deposit consultation
5
For regulation 10(1)(b) (pre-deposit consultation), substitute —
b
any local authority or urban development corporation for an area covered by the proposals;
.
Consideration of proposals following a local inquiry or other hearing or examination in public
6
In regulation 16 (consideration of proposals following a local inquiry or other hearing or examination in public) —
a
in paragraph (3)(b) after “objection or representation” insert “, and on such other persons as the authority think fit”;
b
in paragraph (4)(d), after “hearing is held to consider” insert “one or more of the”.
Modification of proposals
7
In regulation 18 (modification of proposals) —
a
In paragraph (1)(d) after “objection or representation” insert “, and on such other persons as the authority think fit”;
b
in paragraph (5), after “hearing is held to consider” insert “one or more of the”.
Existing policy statement
8
In regulation 35(5) (existing policy statement) after “paragraph 4 of Part I” insert “, paragraph 3 of Part IA ”.
Schedule — Prescribed Forms
9
For the Schedule to the Regulations substitute the new Schedule set out in the Schedule hereto.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
25th February 1997
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
26th February 1997


text:
Citation, commencement and effect
1
These Regulations may be cited as the Friendly Societies (Provisional Repayments for Exempt Business) (Amendment) Regulations 1997 and shall come into force on 20th March 1997, but except as otherwise provided shall have effect in relation to accounting periods beginning on or after 1st January 1995.
Interpretation
2
In these Regulations unless the context otherwise requires “the principal Regulations ” means the Friendly Societies (Provisional Repayments for Exempt Business) Regulations 1993 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 2, for the words “the Friendly Societies (Modifications of the Corporation Tax Acts) Regulations 1992” there shall be substituted the words “the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997” .
4
1
Regulation 4 shall be amended in accordance with paragraphs (2) to (4).
2
In paragraph (4) sub-paragraph (a) shall be omitted.
3
In paragraph (6), in the substituted sub-paragraph (5), in paragraphs (a)(i) and (b)(i) the word “solely” shall be omitted.
4
In paragraph (6), in the substituted sub-paragraph (5A) —
a
in the definition of “tax exempt basic life assurance and general annuity business” for the words “regulation 5(2) of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1992” there shall be substituted the words “regulation 6(2) of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997”;
b
in the definition of “long term business”, for the words “regulation 5(4)” there shall be inserted the words “regulation 6(4)”.
5
1
In regulation 4(6), in the substituted sub-paragraph (5) —
a
in paragraph (a)(i) after the words “general annuity business” there shall be inserted the words “or tax exempt class IV business”;
b
in paragraph (b)(i), for the words “long term business other than life or endowment business” there shall be substituted the words “tax exempt class IV business”;
c
in paragraph (b)(ii), for the words “long term business other than life assurance business” there shall be substituted the words “tax exempt class IV business”.
2
In regulation 4(6), in the substituted sub-paragraph (5A) —
a
after the definition of “tax exempt basic life assurance and general annuity business” there shall be inserted the following definition —
‘tax exempt class IV business’ shall be construed in accordance with the definition inserted in section 431(2) by regulation 7(2) of those Regulations; and
;
b
the definition of “life or endowment business” and the word “and” immediately preceding it shall be omitted.
3
This regulation shall have effect in relation to accounting periods ending on or after 1st September 1996.
Patrick McLoughlin
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
25th February 1997


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


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Statistical Returns (Carriage of Goods and Passengers by Sea) Regulations 1997 and shall come into force on 1st November 1997.
2
These Regulations extend to Northern Ireland.
Interpretation
2
1
In these Regulations:
“maritime transport operator” means any person by whom or on behalf of whom a contract for the transport of goods or persons by sea is concluded with a shipper or a passenger:
“person carrying on business or trade in the maritime transport sector” includes any maritime transport operator and any person who acts as an agent on behalf of a maritime transport operator in relation to a contract for the transport of goods or persons by sea concluded with a shipper or a passenger;
“harbour authority” —
in Great Britain, means a harbour authority within the meaning of the Harbours Act 1964 , and
in Northern Ireland, has the same meaning as in the Harbours Act (Northern Ireland) 1970 .
2
Unless given a definition in these Regulations expressions used herein have the same meaning as in Council Directive 95/64/ EC on statistical returns in respect of carriage of goods and passengers by sea (hereinafter the “Directive”).
Returns
3
The Secretary of State may require by notice in writing any person carrying on business or trade in the maritime transport sector or any harbour authority to furnish, in such form and manner and within such time as may be specified, such periodical or other returns about such of the matters set out in the Schedule to these Regulations in relation to the carriage of goods and passengers by sea going vessels as may be specified.
Offences
4
If any person required to furnish returns under these Regulations fails to furnish those returns as required, or makes a return which he knows to be false or recklessly makes a false return, he shall, unless he proves that he had reasonable excuse for the failure or false return, be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
24th September 1997


text:
Citation
1
This Order may be cited as the Lancashire Fire Services (Combination Scheme) Order 1997 and shall come into force on the day after the day on which it is made.
Combination Scheme
2
The combination scheme set out in the Schedule to this Order, which shall be known as the Lancashire Fire Services Combination Scheme, shall have effect.
George Howarth
Parliamentary Under-Secretary of State
Home Office
18th November 1997


text:
Commencement and citation
1
These Regulations may be cited as the Motor Vehicles (Approval) (Fees) Regulations 1997 and shall come into force on 1st July 1997.
Interpretation
2
1
In these Regulations —
“appeal” means an appeal made in accordance with regulation 10 of the Approval Regulations ;
“the Approval Regulations” means the Motor Vehicles (Approval) Regulations 1996 ;
“exceptional circumstances” means an accident, a fire, an epidemic, severe weather, a failure in the supply of essential services or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non delivery of spare parts for that vehicle);
“further application” means an application made in accordance with regulation 7(6) of the Approval Regulations;
“original application” means an application made in accordance with regulation 7(1) to (3) of the Approval Regulations, not being a further application;
“out of hours” means at any time either —
on any day which is a Saturday, Sunday, Good Friday, Christmas Day or a Bank holiday (as defined in the Banking and Financial Dealings Act 1971 ); or
on any other day, other than between —
8.00 am and 5.00 pm on a Monday to Thursday inclusive, or
8.00 am and 4.30 pm on a Friday;
“relevant goods vehicle” means a goods vehicle to which Part III of the Approval Regulations applies; and
“relevant passenger vehicle” means a vehicle to which Part II of the Approval Regulations applies.
2
Without prejudice to section 17 of the Interpretation Act 1978 and subject to the context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or re-enacted with or without modification.
Application
3
These Regulations apply to every motor vehicle to which either Part II or Part III of the Approval Regulations applies.
Fees — application for Minister’s approval certificate
4
1
Subject to paragraphs (2) and (3) below, the fee prescribed for the purposes of regulation 7(3)(b) of the Approval Regulations, in respect of an original application, is £165 in the case of a relevant passenger vehicle and £60 in the case of a relevant goods vehicle.
2
Subject to paragraph (3) below, where the time appointed for the examination of a vehicle for the purposes of such an application is, at the applicant’s request, out of hours, the fee prescribed by paragraph (1) shall be increased by £75 in the case of a relevant passenger vehicle and £25 in the case of a relevant goods vehicle, such additional amount being payable before the examination is carried out.
3
Where an original application is refused by virtue of regulation 11 of the Approval Regulations, the fee prescribed for the purposes of regulation 7(3)(b) shall be £50 in all cases and the balance of any sum previously paid in respect of that fee shall be repaid to the applicant.
5
1
Subject to paragraph (2), the fee prescribed for the purposes of regulation 7(7)(d) of the Approval Regulations, in respect of a further application, is £22 in the case of a relevant passenger vehicle and £10 in the case of a relevant goods vehicle.
2
Where the time appointed for the examination of a vehicle for the purposes of such an application is, at the applicant’s request, out of hours, the fee prescribed by paragraph (1) shall be increased by £20 in the case of a relevant passenger vehicle and £6 in the case of a relevant goods vehicle, such additional amount being payable before the examination is carried out.
3
Any fee which would otherwise be payable by virtue of regulation 7(7)(d) of the Approval Regulations, in respect of a further application, shall not be payable if, by agreement, the vehicle is submitted for examination at the place at which it was previously examined before the end of the fifth day following that examination on which the Secretary of State will accept vehicles for examination and —
a
the requirements of paragraph (4) are met in the case of a relevant passenger vehicle; or
b
the requirements of paragraph (5) are met in the case of a relevant goods vehicle.
4
The requirements of this paragraph are that the further application must be due only to a failure to comply with —
a
the requirements of one or more of the following items of the Table in Schedule 2 to the Approval Regulations —
i
item 6 in so far as those requirements are not those relating to angles of visibility or position;
ii
item 8;
iii
item 17 in so far as there are no more than three separate examples of a failure to comply with those requirements;
iv
item 18 in so far as there are no more than three separate examples of a failure to comply with those requirements;
v
item 20, 21 or 22; or
b
the requirements of one or more items of the Table in Schedule 2 to the Approval Regulations in respect of which sufficient documentary evidence is produced to the Secretary of State before the examination to satisfy him as to compliance with those requirements,
or both.
5
The requirements of this paragraph are that the further application must be due only to a failure to comply with the requirements of —
a
item 6 of the Table in Schedule 3 to the Approval Regulations; or
b
one or more items of that Table in respect of which sufficient documentary evidence is produced to the Secretary of State before the examination to satisfy him as to compliance with the requirements of those items,
or both.
Fees — general provisions
6
If the applicant —
a
has before the time appointed for the examination of a vehicle for the purposes of either an original application or a further application given the Secretary of State 3 clear days notice (whether in writing or otherwise) at the place appointed for that examination that he does not propose to submit the vehicle for examination at that time; or
b
satisfies the Secretary of State that the vehicle cannot, or as the case may be, could not be submitted for examination at the time appointed because of exceptional circumstances occurring not more than 5 days before that time and of which the applicant gives notice to the Secretary of State (whether in writing or otherwise) within 3 days of the occurrence of those circumstances,
then, unless another time is arranged for the examination, the application shall be treated as one in respect of which no fee is payable and any sum previously paid in respect of that application shall be repaid to the applicant.
Fees — appeals
7
1
Subject to paragraphs (2) and (3) below, the fee prescribed for the purposes of regulation 10(2) of the Approval Regulations in respect of an appeal is £165 in the case of a relevant passenger vehicle and £60 in the case of a relevant goods vehicle.
2
Subject to paragraph (3) below, where the time appointed for the re-examination of a vehicle for the purposes of such an appeal is, at the appellant’s request, out of hours, the fee prescribed by paragraph (1) shall be increased by £75 in the case of a relevant passenger vehicle and £25 in the case of a relevant goods vehicle, such additional amount being payable before the re-examination is carried out.
3
Where an appeal is refused by virtue of regulation 11 of the Approval Regulations, the fee prescribed for the purposes of regulation 10(2) of those regulations shall be £165 in the case of a relevant passenger vehicle and £60 in the case of a relevant goods vehicle and the balance, if any, of any sum previously paid in respect of that fee shall be repaid to the appellant.
Provisions as to fees on appeal
8
1
After the completion of a re-examination of a vehicle for the purposes of an appeal, the Secretary of State may, as he thinks fit, repay to the appellant either the whole or part of the fee paid on the appeal, where it appears to him that there were substantial grounds for contesting the whole or part of the determination against which the appeal was made.
2
If the appellant —
a
has before the time appointed for such a re-examination given the Secretary of State two clear days notice (whether in writing or otherwise) at the office at which his appeal was lodged that he does not propose to submit the vehicle for re-examination at that time; or
b
satisfies the Secretary of State that the vehicle cannot, or as the case may be, could not be submitted for re-examination at the time appointed because of exceptional circumstances occurring not more than 5 days before that time and of which the appellant gives notice to the Secretary of State (whether in writing or otherwise) within 3 days of the occurrence of those circumstances,
then, unless another time is arranged for the re-examination, the appeal shall be treated as one in respect of which no fee is payable and any sum previously paid in respect of that appeal shall be repaid to the appellant.
Fees — replacement certificates
9
The fee prescribed for the purposes of regulation 12A(2)(b) of the Approval Regulations is £25.
Provisions as to notices
10
1
Any notice given under these Regulations may be given by post.
2
For the purposes of calculating the period of any notice given under these Regulations a Saturday, Sunday, Good Friday, Christmas Day or a bank holiday (as defined in the Banking and Financial Dealings Act 1971) shall be excluded from the period.
Signed by authority of the Secretary of State for Transport
Helene Hayman
Parliamentary Under Secretary of State,
Department of Transport
6th June 1997


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment Regulations 1997 and shall come into force on 1st April 1998.
Amendment of paragraph 7 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987
2
In paragraph 7 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987 , for the amount “£0.72” there is substituted the amount “£0.69”.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
18th December 1997


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Incapacity for Work and Severe Disablement Allowance) Amendment Regulations 1997 and shall come into force on 1st April 1997.
Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
2
In regulation 10(2) of the Social Security (Incapacity for Work) (General) Regulations 1995 (certain persons with a severe condition to be treated as incapable of work) after sub-paragraph
a
there shall be inserted —
aa
that he is entitled to —
i
a disablement pension by virtue of section 103 of the Contributions and Benefits Act by reference to a degree of disability of not less than 80 per cent.;
ii
a disablement pension by virtue of Part III of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 or of Part III of the Personal Injuries (Civilians) Scheme 1983 by reference to a degree of disability of not less than 80 per cent.;
ab
that evidence in accordance with regulation 10 of the Social Security (Severe Disablement Allowance) Regulations 1984 establishes that he suffers from a loss of physical or mental faculty such that the extent of the resulting disablement amounts to not less than 80 per cent.;
.
Amendment of the Social Security (Severe Disablement Allowance) Regulations 1984
3
In regulation 10(1) of the Social Security (Severe Disablement Allowance) Regulations 1984 (adjudication) —
a
sub-paragraph (a) shall be omitted;
b
for sub-paragraph (b) there shall be substituted —
b
evidence that on that day he is or was entitled to the care component of disability living allowance at the highest rate prescribed in accordance with section 72(3) and (4) (a) of the Contributions and Benefits Act;
;
c
in sub-paragraph (f) the words “or partially sighted” shall be omitted; and
d
in sub-paragraph (ff) the words “or partially sighted”, in both places where they appear, shall be omitted.
Saving
4
Where
a
before the coming into force of these Regulations, a person is entitled to severe disablement allowance by virtue of having satisfied regulation 10(1) (a), (b), (f) or (ff) of the Social Security (Severe Disablement Allowance) Regulations 1984, as then in force; and
b
after the coming into force of these Regulations, he is a person in respect of whom any day is to be treated as part of one period of incapacity for work, within the meaning of section 30C(1) of the Social Security Contributions and Benefits Act 1992 , which began before the coming into force of these Regulations, regulation 10 of the Social Security (Severe Disablement Allowance) Regulations 1984 shall continue to have effect as if regulation 3 of these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
20th March 1997


text:
Citation and interpretation
1
1
This Order may be cited as the Housing Act 1996 (Commencement No. 10 and Transitional Provisions) Order 1997.
2
In this Order —
“ the Act ” means the Housing Act 1996;
“benefit” means housing benefit, council tax benefit or community charge benefits as prescribed pursuant to section 123(1) (income related benefits) of the Social Security Contributions and Benefits Act 1992 ; and
“benefit subsidy” means subsidy under sections 135(1) (rate rebate, rent rebate and allowance subsidy) and 140 (community charge benefit subsidy) of the Social Security Administration Act 1992 , section 30(1A) of the Social Security Act 1986 and under the Social Security and Housing Benefit Act 1982 .
Commencement on 1st April 1997
2
1
Subject to the transitional provisions and savings in the Schedule to this Order, the following provisions of the Act shall come into force on 1st April 1997 —
section 16,
section 18 to the extent that it is not already in force,
section 19,
sections 20 and 21 to the extent that they are not already in force,
sections 24 and 25 to the extent that they are not already in force,
section 26,
sections 27 to 29 to the extent that they are not already in force,
section 35(1), (2), (3) and (5),
section 51(1) in so far as it relates to the provisions of Schedule 2 that are not already in force, subject to the limitation in paragraph (2) of this article,
section 51(2) to (6),
section 55 in so far as it relates the provisions of Schedule 3 which are not already in force,
section 106 to the extent not already in force,
section 118,
sections 121 to 123, and
section 227 in so far as it relates to the repeal in section 39(3) of the Leasehold Reform, Housing and Urban Development Act 1993 contained in Part V of Schedule 19 and to Part VI of Schedule 19.
2
The provisions of Schedule 2 which came into force by virtue of paragraph (1) of this article shall not come into force in relation to any complaint against any social landlord which is or at any time was registered with Housing for Wales.
Commencement on 1st April 1998
3
Section 35(4) of the Act shall come into force on 1st April 1998.
Signed by authority of the Secretary of State.
David Curry
Minister of State,
Department of the Environment
5th March 1997


text:
1
These Regulations may be cited as the National Police Records (Recordable Offences) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
2
In regulation 2(1) of the National Police Records (Recordable Offences) Regulations 1985 after paragraph (e) there shall be added the following:
f
section 5 of the Children and Young Persons Act 1933 (offence of giving intoxicating liquor to children under five);
g
section 11 of the Children and Young Persons Act 1933 (offence of exposing children under twelve to risk of burning) ;
h
section 12 of the Children and Young Persons Act 1933 (offence of failing to provide for safety of children at entertainments) ;
i
section 91 of the Criminal Justice Act 1967 (offence of drunkeness in a public place);
j
section 5(6) of the Firearms Act 1968 (offence of failing to deliver up authority to possess prohibited weapon or ammunition);
k
section 22(3) of the Firearms Act 1968 (offence of possessing an assembled shotgun by unsupervised person under the age of fifteen);
l
section 22(4) of the Firearms Act 1968 (offence of possessing an air weapon or ammunition for an air weapon by unsupervised person under the age of fourteen);
m
section 22(5) of the Firearms Act 1968 (offence of possessing in a public place an air weapon by unsupervised person under the age of seventeen);
n
section 30 of the Game Act 1831 (offences of trespassing in daytime on land in search of game, etc. );
o
section 31 of the Game Act 1831 (offence of refusal of person trespassing in daytime on land in search of game to give his name and address);
p
section 32 of the Game Act 1831 (offence of five or more persons being found armed in daytime in search of game and using violence or refusal of such persons to give name and address);
q
section 12 of the Licensing Act 1872 (offence of being drunk in highway or public place);
r
section 45 of the Licensing Act 1964 (offence of obstructing a constable or local authority official inspecting premises which are the subject of an application to be registered as a club);
s
section 172 of the Licensing Act 1964 (offence of licensee permitting drunkeness, etc. on licensed premises);
t
section 174(2) of Licensing Act 1964 (offence of failing to leave licensed premises when requested to do so);
u
section 175 of the Licensing Act 1964 (offence of allowing prostitutes to assemble on licensed premises);
v
section 176 of the Licensing Act 1964 (offence of permitting licensed premises to be a brothel);
w
section 178 of the Licensing Act 1964 (offence of allowing constables to remain on licensed premises while on duty, supplying liquor or refreshments to constables on duty or bribing a constable);
x
paragraph 21 of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (offence of making false statement in connection with an application for a sex establishment licence);
y
section 14 of the Nurses, Midwives and Health Visitors Act 1979 (offence of falsely claiming a professional qualification);
z
section 1 of the Night Poaching Act 1828 (offence of taking or destroying game or rabbits by night, or entering any land for that purpose);
za
section 90(2) of the Police Act 1996 (offence of wearing police uniform with intent to deceive);
zb
section 90(3) of the Police Act 1996 (offence of unlawful possession of article of police uniform);
zc
section 5 of the Public Order Act 1986 (offence of causing harassment, alarm or distress);
zd
section 11 of the Public Order Act 1986 (offence of failing to give advance notice of public procession);
ze
section 12(5) of the Public Order Act 1986 (offence of failing to comply with conditions imposed on public procession);
zf
section 13(8) of the Public Order Act 1986 (offence of taking part in a prohibited public procession);
zg
section 14(5) of the Public Order Act 1986 (offence of failing to comply with conditions imposed on a public assembly);
zh
section 14B(2) of the Public Order Act 1986 (offence of taking part in a prohibited assembly);
zi
section 14C(3) of the Public Order Act 1986 (offence of failing to comply with directions);
zj
section 6 of the Road Traffic Act 1988 (offence of failing to provide specimen of breath);
zk
section 1 of the Sexual Offences Act 1985 (offence of kerb crawling);
zl
section 2 of the Sexual Offences Act 1985 (offence of persistently soliciting women for the purpose of prostitution);
zm
section 1(2) of the Sporting Events (Control of Alcohol Etc.) Act 1985 (offence of allowing alcohol to be carried on public vehicles on journey to or from designated sporting event);
zn
section 1(4) of the Sporting Events (Control of Alcohol Etc.) Act 1985 (offence of being drunk on public vehicles on journey to or from designated sporting event);
zo
section 1A(2) of the Sporting Events (Control of Alcohol Etc.) Act 1985 (offence of allowing alcohol to be carried in vehicles on journey to or from designated sporting event);
zp
section 2(2) of the Sporting Events (Control of Alcohol Etc.) Act 1985 (offence of trying to enter designated sports ground while drunk);
zr
section 5B(3) of the Sporting Events (Control of Alcohol Etc.) Act 1985 (offence of consuming or taking alcohol at designated sports ground while unauthorised);
zs
section 5C(4) of the Sporting Events (Control of Alcohol Etc.) Act 1985 (consuming or obtaining alcohol during designated sporting events other than at registered premises);
zt
section 5C(5) of the Sporting Events (Control of Alcohol Etc.) Act 1985 (offence by officials of club in relation to supplying alcohol at designated sports ground);
zu
section 5D(3) of the Sporting Events (Control of Alcohol Etc.) Act 1985 (offence of consuming or obtaining alcohol during designated sporting event other than when sold by retail);
zv
section 12(5) of the Theft Act 1968 (offence of taking or riding a pedal cycle without owner’s consent).
.
David Maclean
Minister of State
Home Office
3rd March 1997


text:
Citation and commencement
1
This Order may be cited as the Calderdale Healthcare National Health Service Trust (Establishment) Amendment Order 1997 and shall come into force on 24th March 1997.
Amendment of NHS trust Establishment Order
2
In Article 3 of the Calderdale Healthcare National Health Service Trust (Establishment) Order 1992 (functions of the trust) –
a
in paragraph (1) for “section 5(1)(a)” there shall be substituted “section 5(1)(b)”; and
b
for paragraph (2) there shall be substituted the following new paragraph: —
2
The trust’s functions shall be –
a
to provide and manage hospital accommodation and services at all or any of the following hospitals –
Halifax General Hospital, Salterhebble, Halifax, West Yorkshire HX3 0PW,
Northowram Hospital, Northowram, Halifax, West Yorkshire HX3 7JW
Royal Halifax Infirmary, Free School Lane, Halifax, West Yorkshire HX1 2YP,
and at any other premises which are for the time being associated with any of those hospitals; and
b
to manage community health services provided from all or any of the hospitals referred to in sub-paragraph (a) above and to provide the associated premises.
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under Secretary of State,
Department of Health
13th March 1997


text:
Title and commencement
1
This Order may be cited as the Medicines (Stilbenes and Thyrostatic Substances Prohibition) (Revocation) Order 1997 and shall come into force on 11th August 1997.
Revocation of the Medicines (Stilbenes and Thyrostatic Substances Prohibition) Order 1982
2
The Medicines (Stilbenes and Thyrostatic Substances Prohibition) Order 1982 is hereby revoked.
Signed by authority of the Secretary of State for Health
Tessa Javell
Minister of State for Public Health,
Department of Health
16th July 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
14th July 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
18th July 1997
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
15th July 1997
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 18th day of July 1997.
Jeremy Harbisan
Under Secretary
18th July 1997
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 18th day of July 1997.
P.J. Small
Permanent Secretary


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Police Act 1997 (Commencement No. 1 and Transitional Provisions) Order 1997.
2
This Order shall come into force on 25th June 1997.
3
In this Order “ the Act ” means the Police Act 1997.
Commencement on 25th June 1997
2
1
The provisions of the Act which are listed in paragraph (2) below shall come into force on 25th June 1997.
2
The provisions referred to in paragraph (1) above are —
a
section 17, except subsections (1) and (6), (power to issue levies);
b
section 44 (orders governing NCIS Service Authority);
c
section 45 (orders and regulations);
d
section 46 (interpretation of Part I);
e
section 62, except subsections (1) and (6), (power to issue levies);
f
section 89 (orders and regulations);
g
section 90 (interpretation of Part II);
h
section 128 (regulations for special constables and police cadets);
i
section 129, except paragraph (a), (change of name or description of certain police areas);
j
section 130 (members of RUC engaged on service outside their force);
k
section 131 (regulations requiring use of specified facilities or services); and
l
section 132 (expenditure by Secretary of State for police purposes).
Commencement on 25th June 1997 for certain purposes only
3
1
Subject to the modifications set out in paragraphs (3) and (4) below, the provisions of the Act which are listed in paragraph (2) below shall come into force on 25th June 1997 for the purposes of the appointment, as soon as possible thereafter, of members of the Service Authority for the National Criminal Intelligence Service and members of the Service Authority for the National Crime Squad.
2
The provisions referred to in paragraph (1) are —
a
section 1 (the Service Authority for the National Criminal Intelligence Service);
b
section 47 (the Service Authority for the National Crime Squad);
c
Schedule 1 (appointment of members of Service Authorities); and
d
Schedule 2 (other provisions about members of Service Authorities).
3
In paragraph 13 to Schedule 1 for the words “clerk to a Service Authority” there shall be substituted “Secretary of State”.
4
Schedule 2 shall have effect as if there was inserted after paragraph 15 the following:
15A
1
The first meeting of the Service Authority shall be —
a
held within 21 days after appointments to it have been made under Schedule 1; and
b
treated as being the annual meeting of the authority in the year in which it is held.
2
The provisions of article 5 of the Police Act 1997 (Commencement No. 1 and Transitional Provisions) Order 1997 shall have effect in relation to the first meeting of a Service Authority.
.
Commencement on 23rd July 1997
4
1
The provisions of the Act which are listed in paragraph (2) below shall come into force on 23rd July 1997.
2
The provisions referred to in paragraph (1) are —
a
sections 1 and 47 and Schedules 1 and 2, for the purposes for which they are not already in force;
b
section 6 (appointment of Director General);
c
section 13 (officers and employees);
d
section 14 (appointment of clerk);
e
section 15 (appointment of persons not employed by the NCIS Service Authority);
f
section 16 (NCIS Service Fund);
g
section 18 (initial financing of the NCIS Service Authority);
h
section 52 (appointment of Director General);
i
section 58 (officers and employees);
j
section 59 (appointment of clerk);
k
section 60 (appointment of persons not employed by the NCS Service Authority);
l
section 61 (NCS Service Fund);
m
section 63 (initial financing of NCS Service Authority);
n
section 88 (application to NCS Service Authority of local authority enactments), so far as it relates to paragraphs 3, 5 and 10 of Schedule 6;
o
section 134 (minor and consequential amendments) so far as it relates to paragraphs 27, 40 and 88 of Schedule 9;
p
paragraphs 27 and 41 of Schedule 9 (ineligibility for jury service of certain persons concerned with the administration of justice), so far as they relate to the members of the service authorities for the National Criminal Intelligence Service and the National Crime Squad;
q
paragraphs 28 and 40 of Schedule 9 (disqualification in certain cases of justices who are members of local authorities); and
r
paragraph 88 of Schedule 9 (right to time off for public duties).
First meeting of Service Authorities
5
1
The first meeting of a Service Authority shall be convened, and held at a time and place appointed by the Secretary of State.
2
The regulation of the proceedings and the business of the meeting shall be determined by the chairman.
Alun Michael
Minister of State
Home Office
29th May 1997


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Cambrian Mountains) Designation (Amendment) Order 1997 and shall come into force on 1st May 1997.
Amendment of the Environmentally Sensitive Areas (Cambrian Mountains) Designation Order 1986
2
1
The Environmentally Sensitive Areas (Cambrian Mountains) Designation Order 1986 shall be further amended in accordance with the following paragraphs of this article.
2
In paragraph (1) of article 2 (interpretation) —
a
in the definition of the word “bank”, for the word “or” where it occurs immediately after the word “stone”, there shall be substituted the word “and”;
b
after the definition of “buffer zone” there shall be added the following definition —
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 5 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
In article 6 (rates of payment under agreement) —
a
in subparagraph (e) of paragraph (3), for “£35” there shall be substituted “£95”.
b
in paragraph (5) —
i
in subparagraph (a), for “£20” there shall be substituted “£30”;
ii
in subparagraph (c), for “£25” there shall be substituted “£30”;
iii
in subparagraph (e), for “£50” there shall be substituted “£90”;
iv
in subparagraph (f), for “£70” there shall be substituted “£125”;
v
in subparagraph (g), for “£80” there shall be substituted “£125”.
c
for paragraph (7) there shall be substituted the following paragraph —
7
Where an agreement includes a conservation plan, the Secretary of State shall also make payments in respect of operations included in the plan, subject to a maximum of £20,000 for that agreement.
.
d
paragraph (8) shall be deleted.
4
In paragraph 6 of Schedule 5 (conservation plan operations) the word “traditional”, where it occurs before the word “farm”, shall be deleted and the words “using traditional materials” shall be inserted after the word “buildings”.
Saving
3
Paragraph (3) of article 2 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st May 1997.
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
17th March 1997
We consent,
Roger Knapman
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1997