text:
Citation and commencement
1
This Order may be cited as the Police Act 1997 (Provisions in relation to the NCIS Service Authority) (No. 2) Order 1997 and shall come into force on 31st October 1997.
Interpretation
2
In this Order “the Authority” means the NCIS Service Authority.
Extraordinary meetings
3
1
An extraordinary meeting of the Authority may be called at any time by the chairman of the Authority.
2
If the chairman of the Authority refuses to call an extraordinary meeting after a requisition for that purpose, signed by five members of the Authority, has been presented to him, or if, without so refusing, the chairman does not call an extraordinary meeting within seven days after the requisition has been presented to him, then any five members of the Authority, on that refusal or on the expiration of those seven days, as the case may be, may forthwith call an extraordinary meeting of the Authority.
Annual meetings
4
In paragraph 1(2) of the Schedule to the Police Act 1997 (Provisions in relation to the NCIS Service Authority) (No. 1) Order 1997 for the words “or May” there shall be substituted the words “, May or June”.
Disability of members of the Authority for voting on account of interests in contracts, etc.
5
1
Subject to article 8 below, if a member of the Authority has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter, and is present at a meeting of the Authority at which the contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose the fact and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.
2
If any person fails to comply with the provisions of paragraph (1) above he shall for each offence be liable on summary conviction to a fine not exceeding level 4 on the standard scale unless he proves that he did not know that the contract, proposed contract or other matter in which he has a pecuniary interest was the subject of consideration at the meeting.
3
A prosecution for an offence under this article shall not be instituted in England and Wales except by or on behalf of the Director of Public Prosecutions.
4
The Authority may by standing order provide for the exclusion of a member of the Authority from a meeting of the Authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
5
The receipt by a member of the Authority of an allowance or other payment under paragraph 17 of Schedule 2 to the Police Act 1997 or his right to receive, or the possibility of his receiving, any such payment shall not be treated as a pecuniary interest for the purposes of this article.
Pecuniary interest for the purposes of article 5
6
1
For the purposes of article 5 above, a person shall be treated, subject to the following provisions of this article and to article 8 below, as having indirectly a pecuniary interest in a contract, proposed contract or other matter, if —
a
he or any nominee of his is a member of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration.
2
Paragraph (1) above does not apply to membership of or employment under any public body, and a member of a company or other body shall not by reason of his membership be treated as having an interest in any contract, proposed contract or other matter if he has no beneficial interest in any securities of that company or other body.
3
In the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purposes of article 5 above, to be also an interest of the other.
General notices and recording of disclosures for purposes of article 5
7
1
A general notice given in writing to the proper officer of the Authority by a member thereof to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, or that he or his spouse is the tenant of any premises owned by the Authority, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person or to those premises which may be the subject of consideration after the date of the notice.
2
The proper officer of the Authority shall record in a book to be kept for the purpose particulars of any disclosure made under article 5 above and of any notice given under this article, and the book shall be open at all reasonable hours to the inspection of any member of the Authority.
Removal or exclusion of disability, etc.
8
1
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by article 5 above in any case in which the number of members of the Authority disabled by that article at any one time would be so great a proportion of the whole as to impede the transaction of business.
2
The power of the Secretary of State under paragraph (1) above includes the power to remove, either indefinitely or for any period, any such disability which would otherwise attach to any member by reason of such interests, and in respect of such matters, as may be specified by the Secretary of State.
3
Nothing in article 5 above precludes any person from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the powers conferred by paragraphs (1) and (2) above.
4
Article 5 above does not apply to an interest in a contract, proposed contract or other matter which a member of the Authority has as a person who is liable to pay an amount in respect of any community charge or in respect of council tax or who would be so liable but for any enactment or anything provided or done under any enactment or as a ratepayer or inhabitant of any area or as an ordinary customer of water, or to an interest in any matter relating to the terms on which a right to participate in any service, including the supply of goods, is offered to the public.
5
For the purposes of article 5 above a member of the Authority shall not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only of an interest of his in a company, body or person with which he is connected as mentioned in article 6(1) above which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of, or in voting on, any question with respect to that contract or matter.
6
Where a member of the Authority has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body, and the total nominal value of those securities does not exceed £5000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less, and if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class, article 5 above shall not prohibit him from taking part in the consideration or discussion of the contract or other matter or from voting on any question with respect to it, without prejudice, however, to his duty to disclose his interest.
Interpretation of articles 6, 7 and 8
9
1
In articles 6 and 8 above “securities” means —
a
an investment falling within any of paragraphs 1 to 6 of Schedule 1 to the Financial Services Act 1986 or, so far as relevant to any of those paragraphs, paragraph 11 of that Schedule; or
b
rights (whether actual or contingent) in respect of money lent to, or deposited with, any society registered under the Industrial and Provident Societies Act 1965 or any building society within the meaning of the Building Societies Act 1986 .
2
In article 6 above “public body” includes any body established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, the governing body of any university, university college, college or school, the National Trust for Places of Historic Interest or Natural Beauty and the National Trust for Scotland for Places of Historic Interest or Natural Beauty.
3
In article 7 “proper officer” means the officer appointed by the Authority for that purpose.
Committees and sub-committees
10
1
Articles 5 to 9 above shall apply as respects members of a committee or sub-committee of the Authority as they apply in respect of members of the Authority, subject to the following modifications —
a
references to meetings of any such committee shall be substituted for references to meetings of the Authority; and
b
in the cases of members of a committee of the Authority or any sub-committee the right of persons who are members of the committee or sub-committee but not members of the Authority to inspect the book kept under article 7(2) above shall be limited to an inspection of the entries in the book relating to the members of the committee or sub-committee.
Business to be transacted at meetings of the Authority
11
Except in the case of any business required by or under any enactment to be transacted at the annual meeting of the Authority and other business brought before the meeting as a matter of urgency in accordance with the Authority’s standing orders, no business shall be transacted at a meeting of the Authority other than that specified in the notice relating thereto.
Member’s interests
12
1
Regulations made under section 19 of the Local Government and Housing Act 1989 shall apply to members of the Authority as they apply to members of the National Crime Squad Service Authority .
2
Any member of the Authority who —
a
without reasonable excuse fails to comply with the requirements of any regulations which apply by virtue of paragraph (1) above; or
b
in giving a notice in compliance with any such requirement, provides information which he knows to be false or misleading in a material particular or recklessly provides information which is false or misleading in a material particular,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
3
Proceedings for an offence under paragraph (2) above shall not be instituted in England and Wales except by or with the consent of the Director of Public Prosecutions.
4
Article 7 above shall not apply in relation to any notice given in pursuance of any regulations which apply to members of the Authority by virtue of paragraph (1) above, but —
a
where such regulations provide that the giving of a notice in pursuance of any such regulations shall be deemed to be sufficient disclosure for the purposes of section 94 of the Local Government Act 1972 (disability of members of authorities for voting on account of interest in contracts etc.) or for the purposes of section 38 of the Local Government (Scotland) Act 1973 , then such disclosure shall also be deemed to be sufficient disclosure for the purposes of article 5 above.
b
where such regulations prescribe that the proper officer of the Authority is to maintain such records of the information contained in notices given to him as may be prescribed by those regulations and is to keep those records open to inspection by the public, the proper officer of the Authority shall be under the same obligation.
5
The Authority shall not be entitled (whether by means of making it a condition of any appointment or by any other means whatever) to impose any obligations on their members to disclose any interests other than those that they are required to disclose by virtue of article 5 above or any regulations applied by virtue of paragraph (1) above.
Duty to adopt certain procedural standing orders
13
Regulations made under section 20 of the Local Government and Housing Act 1989 shall apply to the Authority as they apply to the National Crime Squad Service Authority and shall have effect throughout the United Kingdom in relation to their application to the Authority.
All staff to be appointed on merit
14
1
Every appointment of a person to a paid office or employment under the Authority shall be made on merit.
2
Paragraph (1) above applies to all appointments made by, or by any committee of, the Authority, but has effect subject to —
a
section 7 of the Sex Discrimination Act 1975 (discrimination permitted in relation to employment where sex of employee is a genuine occupational qualification);
b
section 5 of the Race Relations Act 1976 (discrimination permitted in relation to employment where being of a particular racial group is a genuine occupational qualification); and
c
sections 5 and 6 of the Disability Discrimination Act 1995 (meaning of discrimination and duty to make adjustments).
3
References in this article to a paid office under the Authority do not include references to, or to the office of, the chairman of the Authority.
Commutation of, and interest on, periodic payments of grant, etc.
15
1
In any case where, by virtue of any enactment, the Secretary of State has a power or duty to make to the Authority any annual or other periodic payments by way of contribution, grant or subsidy towards expenditure incurred or to be incurred by the Authority, the Secretary of State may determine to commute any such payments into a single payment or into such a number of payments (being less than would otherwise be payable) as he considers appropriate.
2
Paragraph (1) above applies whether the annual or other periodic payments began, or would otherwise begin, before, on or after the commencement of this order and applies notwithstanding anything in any enactment requiring the payments to be made over a period of twenty years or any other specified period.
3
A single or other payment falling to be made by virtue of paragraph (1) above is in this article referred to as a “commuted payment” and the calculation of the amount of any commuted payment shall be such as appears to the Secretary of State to be appropriate.
4
In any case where the amount of any annual or other periodic payment such as is mentioned in paragraph (1) above is, at the commencement of this order, calculated by reference to a rate of interest which varies from time to time, the Secretary of State may substitute a fixed rate of interest.
Acquisition of land by agreement by the Authority
16
1
For the purpose of any of its functions under this order or any other enactment the Authority may acquire by agreement any land.
2
The Authority may acquire by agreement any land for any purpose for which it is authorised by any enactment to acquire land, notwithstanding that the land is not immediately required for that purpose; and, until it is required for the purpose for which it was acquired, any land acquired may be used for the purpose of any of the Authority’s functions.
3
Where under this article the Authority is authorised to acquire land by agreement, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other than section 31 shall apply, and in the said Part I as so applied the word “land” includes any interest in land and any easement or right in, to or over land.
4
Where the Authority acting with one or more police authorities or the NCS Service Authority would have the power to acquire any land by agreement by virtue of this article, nothing in any enactment shall prevent one of those authorities from acquiring the land on behalf of them both or all of them in accordance with arrangements made between them, including arrangements as to the subsequent occupation and use of the land.
5
References in the foregoing paragraphs of this article to acquisition by agreement are references to acquisition for money or money’s worth, as purchaser or lessee.
Contracts of the Authority
17
1
The Authority may make standing orders with respect to the making of contracts by it or on its behalf.
2
The Authority shall make standing orders with respect to the making by it or on its behalf of contracts for the supply of goods or materials or the execution of works.
3
Standing orders made by the Authority with respect to contracts for the supply of goods or materials or for the execution of works shall include provision for securing competition for such contracts and for regulating the manner in which tenders are invited, but may exempt from any such provision contracts for a price below that specified in standing orders and may authorise the Authority to exempt any contract from any such provision when the Authority is satisfied that the exemption is justified by special circumstances.
4
A person entering into a contract with the Authority shall not be bound to inquire whether the standing orders of the Authority which apply to the contract have been complied with, and non-compliance with such orders shall not invalidate any contract entered into by or on behalf of the Authority.
Authentication of documents
18
1
Any notice, order or other document which the Authority is authorised or required by or under any enactment (including this order) to give, make or issue may be signed on behalf of the Authority by the proper officer of the Authority.
2
Any document purporting to bear the signature of the proper officer of the Authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the Authority, and in this paragraph the word “signature” includes a facsimile of a signature by whatever process reproduced.
3
Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to matters dealt with by one of the two foregoing paragraphs, that paragraph shall not apply in relation to that document or class of documents.
4
In this article, “proper officer” means the officer appointed by the Authority for that purpose.
Alun Michael
Minister of State
Home Office
3rd October 1997


type: legislation

jurisdiction: UK

text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Land Registration (Conduct of Business) Regulations 1997 and shall come into force on 1st April 1997.
2
The Land Registration (Solicitor to HM Land Registry) Regulations 1990 are revoked.
Interpretation
2
In these Regulations:
a
“ the Act ” means the Land Registration Act 1925;
b
“qualified registrar” means a registrar who has a 10 year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 ; and
c
“ the Rules ” means the Land Registration Rules 1925 and a rule referred to by number means the rule so numbered in the Rules.
Solicitor to H M Land Registry
3
1
The acts of the registrar to which this regulation applies may be done for all purposes by a single qualified registrar nominated by the Chief Land Registrar.
2
The registrar acting under the authority of paragraph (1) shall be styled Solicitor to H M Land Registry.
Acts of the registrar which may be done by the Solicitor to H M Land Registry
4
Regulation 3 applies to the acts of the registrar which are authorised or required to be done in pursuance of:
a
the provisions of the Act specified in the first column of Part I of the Schedule, subject to the limitation, if any, specified in the second column thereof;
b
the provisions of the Rules specified in the first column of Part II of the Schedule, subject to the limitation, if any, specified in the second column thereof.
Vacancy in office of, or absence of, the Solicitor to H M Land Registry
5
1
During a vacancy in the office of, or in the absence of, the Solicitor to H M Land Registry, the acts of the registrar to which regulation 3 applies may be done by another qualified registrar.
2
Any registrar acting under the authority of paragraph (1) shall, while so acting, be styled Acting Solicitor to H M Land Registry.
Hearings under rule 220 or rule 298
6
1
For the purpose of:
a
conducting the hearing of a matter where an appointment has been made for parties to appear before the registrar under rule 220 (hearing of cautioner by registrar) and making any order under rule 220(3) consequent upon such a hearing;
b
conducting the hearing of a matter by the registrar under rule 298 (hearings before the registrar) and making any order under rule 298(1) consequent upon such a hearing,
the acts of the registrar to which regulation 3 applies may be done by any qualified registrar who is directed by the Chief Land Registrar to conduct the hearing.
2
Any registrar acting under the authority of paragraph (1) shall, while so acting, be styled Deputy Solicitor to H M Land Registry.
Mackay of Clashfern , C.
Dated 10th March 1997


text:
1
This Order may be cited as the A43 Trunk Road (Stamford Road, Weldon and Detrunking) Order 1997 and shall come into force on 17th March 1997.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the new trunk road” means the length of highway referred to in article 3(a) of this Order;
ii
“the plan” means the plan numbered HA10/1M/006 marked “The A43 Trunk Road (Stamford Road, Weldon and Detrunking) Order 1997”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, 76 Marsham Street, London SW1P 4DR.
iii
“the trunk road” means the A43 Trunk Road.
3
From the date when this Order comes into force —
a
the length of highway described in Schedule 1 to this Order shall become a trunk road, and
b
the length of trunk road described in Schedule 2 to this Order shall cease to be a trunk road.
4
The centre line of the new trunk road is indicated by a heavy black line on the plan.
Signed by authority of the Secretary of State for Transport
W. S. C. Wadrup
Director Network Management Division in the Highways Agency
3rd March 1997


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Government Changes for England (Valuation Tribunals) Regulations 1997 and shall come into force —
a
for the purposes of paragraphs (2) to (5) of regulation 3, on 8th January 1998, and
b
for all other purposes on 1st April 1998.
Amendment of the principal regulations
2
1
The Valuation and Community Charge Tribunals Regulations 1989 (“the principal regulations”) are amended as follows.
2
For regulation 3 there is substituted —
Establishment of tribunals
3
There shall continue to be a valuation tribunal for each of the areas ascertained in accordance with column 2 of Schedule 1; and each tribunal shall be known by the name ascertained in accordance with column 1 with the addition of the words “Valuation Tribunal”.
3
For Schedule 1 to the principal regulations there is substituted Schedule 1 to these Regulations.
Transitional provision
3
1
Each member of a tribunal mentioned in column 1 of Schedule 2 holding office as such at the end of 31st March 1998 shall continue to hold such office until it terminates in accordance with regulation 6(2) of the principal regulations .
2
Paragraph (3) applies to any vacancy in the membership of a tribunal mentioned in column 1 of Schedule 2 —
a
created by an increase effective on 1st April 1998 in the number of its members;
b
existing on that date by reason of the failure of an appointing body to make an appointment before that date, or
c
occurring on or after that date.
3
Notwithstanding regulation 4(5) of the principal regulations , a vacancy to which this paragraph applies shall be filled by the body or bodies mentioned in relation to the tribunal in column 2 of Schedule 2.
4
Where one body is so mentioned in relation to a tribunal, it shall fill all vacancies to which paragraph (3) applies until the number of vacancies so specified in column 3 of Schedule 2 has been filled in pursuance of this regulation.
5
Where more than one body is so mentioned, each shall, in the order in which it is mentioned, fill the number of vacancies to which paragraph (3) applies until the number mentioned in column 3 of Schedule 2 in relation to each such body has been filled, and so on in rotation, until each such body has appointed the full number of members of the tribunal which it is entitled to appoint under regulation 4 of the principal regulations.
Signed by authority of the Secretary of State.
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
11th December 1997


text:
1
These Regulations may be cited as the Dual-Use and Related Goods (Export Control) (Amendment No. 3) Regulations 1997 and shall come into force on 6th August 1997.
2
In the definition of “the Decision” in regulation 2 of the Dual-Use and Related Goods (Export Control) Regulations 1996 —
a
the word “as” shall be inserted before the word “amended” where it first appears, and
b
the following words shall be added at the end:
and as further amended by Council Decision No. 97/419/ CFSP of 26 June 1997
.
3
The following entries in Schedule 2 to the said Regulations are hereby revoked:
9A905
9A907
9A919
9B915
9B916
9D901
9E901
9E902
9E903.
Clinton-Davis,
Minister for Trade,
Department of Trade and Industry
14th July 1997


text:
1
This Order may be cited as the Value Added Tax (Payments on Account) (Appeals) Order 1997 and shall come into force on 1st December 1997.
2
In section 83 of the Value Added Tax Act 1994 (appeals), after paragraph (f) there shall be inserted the following paragraph —
fa
a decision contained in a notification under paragraph (4) of article 12A of the Value Added Tax (Payments on Account) Order 1993 that an election under paragraph (1) of that article shall cease to have effect;
.
Bob Ainsworth
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury.
27th October 1997


text:
Citation and commencement
1
These Regulations may be cited as the Special Waste (Amendment) Regulations 1997 and shall come into force on 28th February 1997.
Transitional provisions for certificates of technical competence for handling special waste
2
In the Special Waste Regulations 1996 :
a
in regulation 20(1)(b)(ii), for “5” there shall be substituted “5(1)”;
b
after regulation 20, the following regulation shall be inserted:
Transitional provisions and “grandfather rights”
20A
A person who by virtue of paragraph (2) of regulation 5 of the 1994 Regulations is treated as being technically competent for the purposes of section 74(3)(b) of the 1990 Act, shall continue to be so treated in accordance with paragraphs (2) and (4) of that regulation as if waste now defined as special waste within the meaning of regulation 20(1)(a) were not special waste.
Signed by authority of the Secretary of State
Ferrers
Minister of State,
Department of the Environment
6th February 1997


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Hackney and Southwark London Borough Councils and Liverpool City Council) Order 1997 and shall come into force on 29th August 1997.
Exemption of financial services
2
The provision of financial services by Hackney London Borough Council shall not be treated as a defined activity so long as it is carried out before 23rd February 1998.
Exemption of grounds maintenance
3
The maintenance of ground by Southwark London Borough Council shall not be treated as a defined activity so long as it is carried out before 6th April 1998.
Exemption of sports and leisure facilities management
4
The management of sports and leisure facilities by Liverpool City Council shall not be treated as a defined activity so long as —
a
it is carried out at Beechley Riding Stables, Harthill Road, Calderstones Park, Liverpool L18 4TU; and
b
that facility is provided for use predominantly by disabled persons (within the meaning of Part I of the Housing Grants, Construction and Regeneration Act 1996 ).
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
31st July 1997


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (The Broads) Designation Order 1997 and shall come into force on 1st July 1997.
Interpretation
2
1
In this Order —
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements referred to in article 5(3);
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“conservation plan” has the meaning given to it in article 5(5);
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species;
“recognised dairy breed” means one of the following breeds of cattle, namely Ayrshire, British Fresian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry; and
“strip”, except in the definition of “access route”, means a strip of land at least six metres wide located at the edge of a field and used for the production of arable crops and which adjoins an open drainage channel.
2
Any reference in this Order to a numbered article or Schedule (with no corresponding reference to a specific instrument) is a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the Broads in the Counties of Norfolk and Suffolk which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of The Broads Environmentally Sensitive Area” dated 4th June 1997 signed by the Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, at Nobel House, 17 Smith Square, London SW1P 3JR.
Requirements and provisions of agreement
4
1
The requirements as to agricultural practices, methods and operations and the installation or use of equipment which must be included in agreements are those specified in Schedule 1.
2
The provisions relating to additional matters in respect of which the Minister may make payments in accordance with article 5 are specified in Schedules 2, 3, 4, 5, 6, 7 and 8.
Rates of payment under agreement
5
1
The Minister may make payments under an agreement in consideration of the requirements included pursuant to article 4(1), up to the maximum rate per annum set out in Part I of Schedule 9 for each hectare of grassland to which the agreement relates.
2
Where an agreement contains the additional provisions specified in one or more of —
a
Schedule 2,
b
Schedule 3,
c
Schedule 4,
d
Schedule 5, and
e
the options contained in Schedule 6,
the Minister may make payments in consideration of those provisions, up to the maximum rate per annum for each hectare of land which under the agreement is subject to those provisions, as set out opposite the reference to that Schedule, or, as the case may be, option, in Part II of Schedule 9.
3
An agreement may include the requirements as to public access specified in Schedule 7 and, where it does so, the Minister may make payments in consideration of those requirements, up to the maximum rate per annum set out in Part III of Schedule 9 for each hectare of access route.
4
Where an agreement includes a conservation plan, the Minister may make payments in consideration of the operations included in the plan, up to the maximum sum set out in Part IV of Schedule 9.
5
For the purposes of paragraph (4) of this article, a conservation plan means a plan which the farmer undertakes or has undertaken as part of an agreement to implement within a period of two years, for the carrying out of one or more of the operations specified in Schedule 8.
6
In this article and Schedule 9 any reference to a payment rate in relation to any unit of measurement includes a proportionate rate for a proportionate part of that unit.
Revocation, saving and amendment
6
1
The Environmentally Sensitive Areas (The Broads) Designation Order 1992 is, in so far as it was made under section 18 of the Agriculture Act 1986, hereby revoked except that —
a
the saving set out in article 7 of that Order in respect of the provisions of the Environmentally Sensitive Areas (The Broads) Designation Order 1986 shall continue to apply in respect of the agreements referred to in that article, and
b
the other provisions of that Order so made, as amended in accordance with Schedule 10, shall continue to apply to agreements made before the coming into force of this Order in relation to land within the area designated by that Order.
2
The Environmentally Sensitive Areas (The Broads) Designation (Amendment) ( No. 2) Order 1994 and the Environmentally Sensitive Areas (The Broads) Designation (Amendment) Order 1996 are hereby revoked, but not so as to affect the exceptions referred to in paragraph (1) of this article.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th June 1997
We consent
Bob Ainsworth
Jon Owen Jones
Two of the Lords Comissioners of Her Majesty’s Treasury
5th June 1997


text:
1
These Regulations may be cited as the Exchange Gains and Losses (Insurance Companies) (Amendment) Regulations 1997, shall come into force on 28th April 1997, and shall have effect in relation to disposals taking place on or after that date.
2
Regulation 7 of the Exchange Gains and Losses (Insurance Companies) Regulations 1994 (“regulation 7”) shall be amended in accordance with regulations 3 to 5 of these Regulations.
3
In paragraph (9) of regulation 7 after sub-paragraph (b) there shall be inserted —
, or
c
a share in an open-ended investment company
.
4
In paragraph (11) of regulation 7 after the words “such a currency” there shall be added the words “; and shares of a given class in an open-ended investment company shall be taken to be denominated in a currency other than sterling if the price at which they may be acquired from, or disposed of to, the company or its authorised corporate director is fixed by the company or director in a currency other than sterling, or (as the case may be) the price or prices at which they are quoted in The Stock Exchange Daily Official List is in a currency other than sterling.”
5
In paragraph (13) of regulation 7 after the definition of “long term business fund” the following definitions shall be inserted —
“open-ended investment company” and “authorised corporate director” in relation to such a company have the meanings given by subsection (10) of section 468 of the Taxes Act, read with subsections (11) to (18) of that section, as those subsections are added in relation to open-ended investment companies by regulation 10(4) of the Open-ended Investment Companies (Tax) Regulations 1997 ; and accordingly references in subsections (11) to (16) of that section to “the Tax Acts” shall be construed as if they included references to these Regulations;
.
Bowen Wells
Gyles Brandreth
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd April 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (HSCo Limited) Order 1997 and shall come into force on 14th March 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
12th February 1997


text:
1
These Regulations may be cited as the Procurement of Air Navigation Equipment (Technical Specifications) Regulations 1997 and shall come into force on 1st December 1997.
2
1
In these Regulations “the Directive” means Council Directive 93/65/ EEC on the definition and use of compatible technical specifications for the procurement of air navigation equipment .
2
These Regulations shall have effect for the purpose of making such provision as is necessary to comply with the Directive and shall be construed accordingly.
3
These Regulations shall apply in any case in which National Air Traffic Services Ltd seeks the supply of or seeks offers for the supply of air navigation equipment in respect of which any of the Eurocontrol standards listed in the Schedule apply.
4
In any case in which these Regulations apply National Air Traffic Services Ltd shall, in the general documents or specifications relating to each contract for the purchase of air navigation equipment, refer to the applicable Eurocontrol standard.
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
26th September 1997


text:
1
This Order may be cited as the Broadcasting (Technical Services) Order 1997 and shall come into force on 20th August 1997.
2
The services specified for the purposes of section 24(3)(b) of the Broadcasting Act 1996 are those consisting of the transmission of telecommunication signals (as such expression is defined in section 48(6) of the Broadcasting Act 1990 ) by means of which access to programmes or other information included in digital programme services or digital additional services is controlled so that only those viewers who are authorised to receive such programmes and information do so, and which are required to be offered to all holders of licences under Part I of the Broadcasting Act 1996 in accordance with regulation 11(1)(a) of the Advanced Television Services Regulations 1996 .
Chris Smith
Secretary of State for National Heritage
29th July 1997


text:
Citation and commencement
1
This Order may be cited as the National Crime Squad Service Authority (Levying) Order 1997 and shall come into force on 15th October 1997.
Interpretation
2
1
In this Order:
a
“the 1996 Act ” means the Police Act 1996 ;
b
“the 1997 Act ” means the Police Act 1997;
c
“ the Authority ” means the National Crime Squad Service Authority;
d
“chief officer of police” means —
i
in relation to a police force maintained under section 2 of the 1996 Act, the chief constable,
ii
in relation to the metropolitan police force, the Commissioner of Police of the Metropolis, and
iii
in relation to the City of London police force, the Commissioner of Police for the City of London.
e
“police authority” means a police authority established under section 3 of the 1996 Act and the Common Council of the City of London;
f
“the preceding year” and “the relevant year” have the meanings given by articles 4(1) and 3(1) respectively.
2
In this Order references to police authorities shall be taken as including references to the Receiver for the metropolitan police district.
Determination of total amount of the levies
3
1
Subject to paragraph (2) below, the Authority shall determine each year the total amount of the levies which it proposes to issue under section 62 of the 1997 Act (“the determination”) for the following financial year (“the relevant year”).
2
Before making the determination the Authority shall, in addition to the matters set out in paragraph 1(4) of Schedule 5 to the 1997 Act, also take account of —
a
the expenditure the Authority estimates it will incur in the relevant year in performing its functions (“operating costs”); and
b
the estimated expenses and allowances payable to the Authority members under paragraph 17 of Schedule 2 for the relevant year.
3
For the purpose of paragraph (2)(a) above operating costs shall include any remuneration, including pensions, payable to and in respect of the Authority’s officers and employees, the cost of any accommodation occupied by the Authority and the cost of any services provided to the Authority.
Submission of determination to Secretary of State
4
1
The chairman of the Authority shall submit the determination to the Secretary of State in writing by 31st October in the financial year preceding the relevant year (“the preceding year”).
2
When submitting the determination to the Secretary of State the chairman of the Authority shall at the same time send a copy of the determination to each chief officer of police and each police authority.
3
In support of the determination the Authority shall provide the Secretary of State with a summary of its proposed arrangements for the carrying out by the National Crime Squad of its functions for the relevant year and the following information —
a
a summary of the expenditure which the Authority estimates will be incurred in connection with the National Crime Squad in the relevant year;
b
any income which it is estimated will be received by way of charges imposed by the Authority under section 64, or gifts under section 65, of the 1997 Act or otherwise in the relevant year;
c
the financial reserves of the Authority and the reserves which it estimates it will be appropriate to raise in the relevant year for meeting its estimated future expenditure;
d
the current and proposed level of borrowing of the Authority;
e
a record of the views of all members of the Authority on the determination;
f
the Authority’s estimate of its operating costs in the relevant year; and
g
the Authority’s estimate of the expenses and allowances payable to its members for the relevant year.
4
In support of its determination the Authority may, in addition to the information required by paragraph (3) above, send the Secretary of State any other information which it believes would assist him in deciding whether to approve the determination.
Consultation on the total amount of levies
5
1
Consultation under paragraph 2(3) of Schedule 5 to the 1997 Act shall begin on or before 5th November in the preceding year.
2
Any representations by any person consulted under paragraph 2(3) of Schedule 5 shall be delivered to the Secretary of State in writing within a period of five weeks beginning with the day on which the Secretary of State consulted that person.
Secretary of State’s approval of the determination
6
1
Where the Secretary of State approves the determination he shall notify the Authority of his approval by 10th January in the preceding year.
2
The Secretary of State shall give a copy of any notice sent to the Authority under paragraph 2(1) of Schedule 5 to the 1997 Act to each chief officer of police (in addition to the persons to whom he gives copies in accordance with paragraph 2(4) of that Schedule).
Procedure where the determination is not approved
7
1
Where the Secretary of State does not approve the determination he shall notify his decision in writing to the Authority and shall give any direction he considers appropriate by 10th January in the preceding year.
2
The Secretary of State shall give a copy of any direction given under paragraph 3(6) of Schedule 5 to the 1997 Act to each chief officer of police (in addition to the persons to whom he gives copies in accordance with paragraph 2(4) of that Schedule).
Secretary of State to give reasons for his direction
8
The Secretary of State, when giving a direction under paragraph 3(1)(b) of Schedule 5 to the 1997 Act, shall give reasons for his decision as to the total amount of the levies and the Authority shall take into account, in its proposed allocation of the resources expected to be available to it, any reasons which are given.
Apportionment of the levies
9
Once the total amount of the levies has been approved by the Secretary of State or, if no such approval has been given, once the Secretary of State has issued a direction under paragraph 3(1) or (2) of Schedule 5 to the 1997 Act, the total amount of the levies shall be apportioned between police authorities in accordance with the Schedule to this Order.
Issuing the levy
10
1
The Authority shall, by 15th February in the preceding year, notify in writing each police authority of the total amount of the levies and the levy attributed to that police authority as a result of the apportionment in accordance with the Schedule to this Order.
2
A levy is not invalid merely because it is issued after 15th February.
Substitution
11
1
Subject to the following provisions of this article, when the Authority has issued a levy for a financial year under this Order (originally or by way of substitution) it may issue a levy in substitution.
2
Except as provided by paragraph (3) below, no levy may be issued in substitution if the amount of the levy issued in substitution (the “new levy”) would be greater than the amount of the levy for which it is substituted (the “old levy”) or if the total amount of the levies issued for the relevant year would be greater than the total amount of the levies approved by the Secretary of State or issued under paragraph 3(1) or (2) of Schedule 5 to the 1997 Act.
3
The amount of the new levy may be greater than the amount of the old levy if —
a
the old levy, or the total amount of the levies issued for the relevant year, has been quashed because of a failure to fulfil the requirements of Schedule 5 or this Order; or
b
the new levy is required to be increased to effect a proper apportionment.
4
If the amount of the old levy exceeds that of the new levy, the following shall apply as regards anything paid if it would not have been paid had the amount of the old levy been the same as that of the new levy —
a
it shall be repaid if the police authority by whom it was paid so requires;
b
in any other case it shall (as the Authority determines) either be repaid or be credited against any subsequent liability of the police authority in respect of any levy issued by the Authority.
Anticipation
12
1
A police authority when making calculations in accordance with section 32 or section 43 of the Local Government Finance Act 1992 (as appropriate) (originally or by way of substitution) for a financial year, may anticipate a levy to be issued to it in accordance with this Order for the relevant year by the Authority in any case where such a levy has not been issued by the Authority to the police authority at the time the calculations are made.
2
Where, pursuant to paragraph (1) above, a police authority anticipates a levy to be issued by the Authority for the relevant year, the amount of the levy so anticipated shall be equal to the police authority’s estimate, at the time the calculations (or last calculation) are made, of the amount of the levy which will be issued to it for the relevant year.
3
Whether or not a police authority making calculations (originally or by way of substitute) for a financial year anticipates a levy to be issued in accordance with this Order —
a
where the Authority issues such a levy to the police authority, the police authority shall pay to the Authority a sum equal to the amount of the levy; and
b
where the Authority does not issue such a levy to the police authority, the police authority shall not pay any sum to the Authority in respect of such a levy.
4
When estimating the amount of levy which will be issued a police authority shall do so on the basis of any information available to it at that time.
Payment of the levy
13
1
The amount of a levy issued to a police authority under this Order shall be paid in full by that police authority in the relevant year in respect of which the levy is issued.
2
Subject to paragraph (4) below, where the levy issued to a police authority for the relevant year is £1 million or more, it shall be paid in ten equal instalments, payable respectively at the end of April, May, June, July, August, September, October, November, December and January in that year.
3
Subject to paragraph (4) below, where the levy issued to a police authority for the relevant year is less than £1 million, it shall be paid in five equal instalments, payable respectively at the end of April, June, August, October and December in that year.
4
In relation to the financial year ending with 31st March 1999 the instalment payable at the end of April shall be paid as to one half on 3rd April 1998 and as to the remainder at the end of April 1998.
5
References in this article to payment of a levy are references to the payment of a levy after the deductions of any amount credited against the liability of the police authority in respect of that levy in accordance with article 11(4) above.
Interest on unpaid levies
14
1
Where the levy, or any part of the levy, is not paid by the due date for payment the police authority shall be liable to pay the Authority interest at the rate of simple interest calculated from day to day on the unpaid amount from the due date for payment until the date when payment is made at a rate equivalent to 2 per cent above the highest base rate quoted from time to time by any of the reference banks.
2
For the purposes of paragraph (1) above —
a
the reference banks are the seven largest institutions —
i
authorised by the Bank of England under the Banking Act 1987 ; and
ii
incorporated in and carrying on a deposit-taking business within the United Kingdom,
which quote a base rate in sterling;
b
the size of an institution is to be determined by reference to its total consolidated gross assets denominated in sterling, as shown in its audited end-year accounts last published before the period for which interest is payable begins.
3
In this article —
“consolidated gross assets” of an institution is a reference to the gross assets of that institution together with any subsidiary within the meaning of section 736 of the Companies Act 1985 ; and “a deposit taking business” has the meaning given in section 6 of the Banking Act 1987 but subject to any order under section 7 of that Act.
Alun Michael
Minister of State
Home Office
19th September 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Esat Telecommunications (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:
PART I
General
Citation, commencement and interpretation
1
1
This Order, which supersedes the Land Registration Fees Order 1996 , may be cited as the Land Registration Fees Order 1997 and shall come into force on 1st April 1997.
2
In this Order unless the context otherwise requires:
“account holder” means a person or firm holding a credit account;
“ the Act ” means the Land Registration Act 1925;
“charge” includes a sub-charge;
“credit account” means an account authorised by the Registrar under article 18(2);
“Index Map section” has the same meaning as in the Land Registration (Open Register) Rules 1991 ;
“licensed conveyancer” has the same meaning as in section 11(2) of the Administration of Justice Act 1985 and includes a recognised body within the meaning of section 32(2) of that Act;
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage);
“the principal rules” means the Land Registration Rules 1925 ;
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2;
“scale fee application” means an application which attracts a scale fee, or which would attract such a fee but for the operation of article 6;
“Schedule” means a Schedule to this Order;
“share in registered land” means a share in the proceeds of sale of registered land held on trust for sale.
PART II
Scale fees
Applications for first registration
2
1
Subject to article 6 (large scale applications, etc. ), the fee for an application for first registration (other than an application for first registration of title to a lease by an original lessee or his personal representative or an application for first registration of a rentcharge) shall be paid in accordance with Scale 1 in Schedule 1 on the value of the land comprised in the application determined in accordance with article 7.
2
Subject to paragraph (3), and to article 6 (large scale applications, etc.), the fee for an application for the first registration of title to a lease (whether or not deriving from a registered freehold or leasehold title) by the original lessee or his personal representative shall be paid in accordance with Scale 1 in Schedule 1 on an amount calculated in accordance with the following formula:
A = P + ( 10 × R )
where
A is the amount on which the fee is to be paid, P is the amount or value of any monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise, and R is the largest ascertainable amount of annual rent reserved by the lease.
3
Where no monetary consideration is given by the lessee as part of the same transaction by way of fine, premium or otherwise and:
a
no annual rent is reserved; or
b
the annual rent reserved cannot be ascertained at the time the application is made,
a fee shall be paid in accordance with Scale 1 in Schedule 1 on the value of the lease determined in accordance with article 7, subject to the minimum fee being £40.
Transfers of registered land for monetary consideration, etc.
3
1
Subject to paragraphs (2) to (5), and to article 4(1)(i) (transfer of matrimonial home pursuant to an order of the Court) and article 6 (large scale applications, etc.), the fee for an application for the registration of:
a
a transfer of registered land for monetary consideration;
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in registered land;
c
a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), except where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;
shall be paid in accordance with Scale 1 in Schedule 1 on the amount or value of the consideration.
2
Where a sale and sub-sale of land are effected by separate instruments of transfer, a separate fee shall be payable in respect of each transfer.
3
Where a single instrument of transfer gives effect to a sale and a sub-sale of the same land a single fee shall be assessed upon the greater of the monetary consideration given by that purchaser or the monetary consideration given by the sub-purchaser in respect of that land.
4
Where a single instrument of transfer gives effect to a sale, and a sub-sale of part only of the land comprised in the sale, the fee payable shall be the aggregate of:
a
a fee assessed upon the monetary consideration given by the sub-purchaser in respect of the land comprised in the sub-sale; and
b
a fee assessed upon the amount (if any) by which the monetary consideration given by the purchaser in respect of the land comprised in the sale exceeds the monetary consideration given by the sub-purchaser in respect of the land comprised in the sub-sale.
5
Where an instrument gives effect to an exchange of registered land (“the first land”) for other registered land (“the second land”), whether or not money is paid by way of equality, it shall be treated for the purpose of assessing the fee payable for its registration as two separate transfers, being a transfer of the first land for monetary consideration equal to the value of the first land and a transfer of the second land for monetary consideration equal to the value of the second land.
6
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale 1 in Schedule 1 on the value thereof immediately prior to its determination.
Transfers otherwise than for monetary consideration, etc.
4
1
Subject to paragraphs (2) and (3), to article 6 (large scale applications, etc.) and to paragraph (8) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of:
a
a transfer of registered land otherwise than for monetary consideration;
b
a surrender of a registered lease (whether effected by deed or otherwise) where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;
c
a surrender of a registered lease otherwise than for monetary consideration (whether effected by deed or otherwise);
d
a transmission of registered land on death or bankruptcy;
e
an assent of registered land (including a vesting assent);
f
an appropriation of registered land;
g
a vesting order or declaration made under section 47 of the Act;
h
a rectification of the register;
i
a transfer of a matrimonial home (being registered land) made pursuant to an order of the Court;
shall be paid in accordance with Scale 2 in Schedule 2 on the value of the land which is the subject of the dealing, determined in accordance with article 8, but after deducting therefrom the amount secured upon the land by any charge subject to which the registration takes effect.
2
Where a transfer falling within paragraph (1)(a) is one for the purpose of giving effect to the disposition of a share in registered land the fee for an application for its registration shall be paid in accordance with Scale 2 in Schedule 2 on the value of that share.
3
Where, in the case of rectification of the register, the fee appears to the Registrar to be unreasonable or excessive he may reduce or waive it.
Charges of registered land
5
1
Subject to paragraphs (5) and (6), and to article 6 (large scale applications, etc.), the fee for an application for the registration of a charge shall be paid in accordance with Scale 2 in Schedule 2 on the amount of the charge determined in accordance with article 9.
2
Subject to article 6 (large scale applications, etc.), the fee for an application for the registration of:
a
the transfer of a charge for monetary consideration; or
b
a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in a registered charge;
shall be paid in accordance with Scale 2 in Schedule 2 on the amount or value of the consideration.
3
Subject to article 6 (large scale applications, etc.), and to paragraph (8) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration shall be paid in accordance with Scale 2 in Schedule 2 on the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, the aggregate of the amounts secured by the registered charges at the time of the transfer.
4
Subject to article 6 (large scale applications, etc.), and to paragraph (8) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in a registered charge shall be paid in accordance with Scale 2 in Schedule 2 on a proportionate part of the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, a proportionate part of the aggregate of the amounts secured by the registered charges at the time of the transfer.
5
Subject to paragraph (6), where a scale fee application (“the primary application”) is made that will, when completed, result in a person (“the applicant”) becoming registered as the proprietor of particular registered land or of one or more registered charges, no fee shall be payable for the registration of a charge by the applicant (or, where the primary application is for the first registration of title to land, by a predecessor in title of the applicant) which charges the registered land or the registered charge or charges which are the subject of the primary application, provided the charge by the applicant either accompanies the primary application or is lodged for registration before the primary application is completed.
6
Where a charge by an applicant referred to in paragraph (5) also charges property (“the additional property”) which comprises registered land or, as the case may be, one or more registered charges, not being property which is the subject of the primary application referred to in paragraph (5), that paragraph shall not extend to the additional property so that a fee shall be paid in accordance with Scale 2 in Schedule 2 for the registration of the charge by the applicant in respect of the additional property on an amount calculated in accordance with the following formula:
A = V A × C V C
where
A is the amount on which the fee is payable, V A is the value or amount of the additional property, V C is the value of all the property comprised in the charge and C is the amount of the charge determined in accordance with article 9.
Large scale applications, etc.
6
1
In this article:
a
“large area application” means an application falling within article 2 (first registration of land; first registration of title to a lease) which comprises land having an area or aggregate area exceeding 100 hectares;
b
“large scale application” means a scale fee application which relates to not fewer than 20 land units, other than —
i
a large area application;
ii
a low value application; or
iii
an application to register a charge to which article 5(5) applies, except to the extent that it relates to additional land within the meaning of article 5(6);
c
“low value application” means a scale fee application, other than an application falling within article 2 (applications for first registration), where the value of the land, or the amount of the charge, to which it relates (as the case may be) does not exceed £30,000.
d
“land unit” means:
i
where the land is unregistered, a separate area of land not adjoining any other unregistered land comprised in the same application;
ii
where the land is registered, the land registered under a single title number.
2
The fee for a large scale application shall be whichever is the greater of:
a
the amount payable in respect of the application under article 2, 3, 4 or 5, as the case may be; or
b
a fee calculated on the following basis —
i
where the application relates to not more than 500 land units, £10 for each land unit to which it relates;
ii
where the application relates to more than 500 land units, £5,000 plus £5 for each land unit to which it relates in excess of 500 land units,
provided that the fee shall in no case exceed £40,000.
3
If, having regard to the extent of the land comprised in a large area application, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed the scale fee otherwise payable, such additional fee shall be payable as the Registrar shall direct as appropriate not exceeding the excess cost of the work involved.
PART III
Valuation
Valuation (first registration)
7
1
In the case of an application to which article 2(1) applies (first registration of title to land otherwise than by the original grantee under a lease or his personal representatives) made within one year of a sale (other than an exchange, whether or not money is paid for equality, or the sale of a share only in the proceeds of sale of such land) the value of the land shall be taken to be the amount of the monetary consideration given together with the amount outstanding at the time of the purchase under any charge or mortgage subject to which the land was purchased.
2
In the case of an application:
a
to which article 2(1) applies, other than one falling within paragraph (1); or
b
to which article 2(3) applies,
the value of the land or lease (as the case may be) shall be ascertained by the Registrar at such sum as in his opinion it would fetch if sold in the open market at the date of the application free from any charge or mortgage.
3
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
4
Where an application for first registration is made on the purchase of a leasehold estate by the reversioner or of a reversion by the leaseholder or on any other like occasion and determination of an unregistered interest, by way of merger, surrender or otherwise, takes place, the value of the land shall be the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) to (3).
Valuation (registered land)
8
1
Where the value of the land in a registered title falls to be determined under this Order if shall be ascertained by the Registrar at such sum as in his opinion the land would fetch it sold in the open market free from any charge or mortgage:
a
in the case of a surrender at a date immediately prior to the surrender;
b
in any other case at the date of the application.
2
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
Valuation (charges)
9
1
Subject to paragraph (5), where the amount of a charge falls to be determined under this Order it shall be taken to be:
a
in the case of a charge to secure a fixed amount, the amount secured by the charge;
b
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in any way limited, the amount so limited;
c
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in no way limited, an amount equal to the value of the registered land comprised in the charge after deducting therefrom the amount secured on it by any prior registered charge.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on registered land, the fee in accordance with article 5 shall be payable on an amount calculated in accordance with the following formula:
A = V R × C V C
where
A is the amount on which the fee is payable, V R is the value of the registered land, V C is the value of all the property comprised in the charge, and C is the amount of the charge determined in accordance with paragraph (1).
3
The fee for the registration of a charge by way of additional or substituted security or by way of guarantee shall be payable on the lesser of:
a
the amount secured or guaranteed; or
b
the value of the land after deducting the amount secured on the land by any prior registered charge.
4
Subject to paragraph (5), the fee for the registration of a charge to secure an obligation or liability which is contingent upon the happening of a future event (not being a charge falling within paragraph (3)) shall be payable on the value of the land after deducting the amount secured on the land by any prior registered charge.
5
If in relation to a charge to which paragraph (4) applies, the maximum amount or value of the obligation or liability which may arise is in any way limited under the charge and is capable of being ascertained at the time of the application to register the charge then the fee shall be payable on that amount or value, if less than the value of the land after deducting the amount secured on the land by any prior registered charge.
6
For the purpose of this Order, where two or more charges are contained in the same instrument and secure the same debt, the instrument shall be treated as creating a single charge by the chargor (or where there is more than one chargor, a single separate charge by each of the chargors) the amount of the charge (or the charge by each chargor) being equal to the lesser of:
a
the whole debt; or
b
the value of the registered land charged by that chargor after deducting therefrom the amount secured on it by any prior registered charge.
PART IV
Fixed Fees and Exemptions
Fixed fees
10
1
Subject to paragraphs (3) and (4), the fees for the applications and services specified in Schedule 3 shall be those set out in that schedule.
2
The fee for an application in Form 112A, Form 112B or Form 112C in Schedule 1 to the Land Registration (Open Register) Rules 1991 shall be the aggregate of the fees payable for the services provided, save that the maximum fee for any one application shall be £200.
3
The Registrar may, if he thinks fit, waive any fee or part of a fee or any category of fee payable under this article.
4
If, having regard to the extent of the land to which an application for a search of the Index Map relates, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed any fee otherwise payable under this Order, such additional fee shall be payable as the Registrar shall direct as appropriate to cover the excess cost of the work involved.
5
Notification of the additional fee shall be given to the applicant and, if he then elects to withdraw his application, no fee shall be payable.
Exemptions
11
No fee shall be payable in respect of any of the applications and services specified in Schedule 4.
PART V
General and Administrative Provisions
Refund of fees
12
1
Where an amount exceeding the prescribed fee has been paid, there shall be refunded any excess remaining after the deduction, if the Registrar so directs, of an amount not exceeding £10 in respect of the cost of repayment.
2
Where the person or firm lodging the application is an account holder, any amount to be refunded under paragraph (1) may at the discretion of the Registrar be repaid to the account holder by crediting the amount to the account holder’s credit account.
3
Subject to article 10(5), if any application is cancelled or withdrawn no part of the fee thereof shall be refunded unless the Registrar so directs.
Cost of advertisements and special enquiries
13
If in the course of dealing with any application the Registrar directs publication of an advertisement or any other special enquiry, the costs so incurred shall be defrayed by the applicant unless the Registrar directs to the contrary.
Fixed boundaries
14
Where application is made for the boundaries of land to be noted on the register as fixed under rule 277 of the principal rules such fee shall be charged as the Registrar may consider necessary to cover the cost of any examination of title, enquiries, mapping, surveying, notices or other work involved.
Special expedition
15
Where application for special expedition in connection with an application is granted, such further fee, being not less than £40, shall be payable as the Registrar shall direct having regard to the special work involved.
Applications not otherwise referred to
16
Upon an application for which no other fee is payable under this Order and which is not exempt from payment, there shall be paid such fee (if any) not exceeding a fee in accordance with Scale 1 in Schedule 1 on the value of the land or on the amount of the charge as the Registrar shall direct having regard to the work involved.
Method of payment
17
Fees payable under this Order shall be collected in money and, subject to article 18:
a
every fee shall, except where the Registrar otherwise permits, be paid by means of a cheque or postal order crossed and made payable to H.M. Land Registry;
b
where the amount of the fee payable on an application is immediately ascertainable, the fee shall be payable on delivery of the application;
c
where the amount of the fee payable on an application is not immediately ascertainable, on delivery of the application there shall be paid on account of the fee such sum, being not less than the minimum fee payable in accordance with Scale 1 in Schedule 1, as the applicant may reasonably estimate to be the fee payable and there shall be lodged therewith an undertaking to pay on demand the balance of the fee due, if any.
Credit accounts
18
1
In this article “credit limit” in relation to a credit account authorised for use under paragraph (2) means the maximum amount (if any) which is to be due on the account at any time, as notified by the Registrar to the account holder from time to time, by such means of communication as the Registrar considers appropriate.
2
Any person or firm may, if authorised by the Registrar, use a credit account in accordance with this article for the purpose of the payment of fees for applications and services of such kind as the Registrar shall from time to time direct.
3
For the purpose of enabling the Registrar to consider whether or not a person or firm seeking to use a credit account may be authorised to use such an account, that person or firm shall furnish to the Registrar such information and evidence as the Registrar may require to satisfy him of the person or firm’s fitness to hold a credit account and the ability of the person or firm to pay any amounts which may become due from time to time under a credit account, if authorised.
4
For the purpose of enabling the Registrar to consider from time to time whether or not an account holder may continue to be authorised to use a credit account, the account holder shall furnish to the Registrar from time to time, when requested to do so by the Registrar, such information and evidence as the Registrar may require to satisfy him of the account holder’s continuing fitness to hold a credit account and the continuing ability of the account holder to pay any amounts which may become due from time to time under the account holder’s credit account.
5
Where an account holder makes an application in respect of which credit facilities are available, he may make a request, in such manner as the Registrar shall direct, for the appropriate fee to be debited to the account holder’s credit account, but the Registrar shall not be required to accept such a request where the amount due on the account exceeds the credit limit applicable to the credit account, or would exceed it if the request were to be accepted.
6
Where a person or firm having a credit account makes an application in respect of which credit facilities are available but which is not accompanied by any fee and does not contain a request for the fee to be debited to such account, the Registrar may debit the fee to that person’s or that firm’s credit account.
7
A statement of account shall be sent by the Registrar to each account holder at the end of each calendar month or such other period as the Registrar shall direct either in any particular case or generally.
8
On receipt of the statement the account holder shall pay by cheque any sum due on his credit account forthwith.
9
Cheques shall be crossed and made payable to H.M. Land Registry and sent to the Accounts Section, H.M. Land Registry, Burrington Way, Plymouth PL5 3LP or at such other address as the Registrar shall direct.
10
The Registrar may at any time and without giving reasons terminate or suspend any or all authorisations given under paragraph (2).
Mackay of Clashfern, C.
Dated 16th January 1997
Patrick McLoughlin
Richard Ottaway
Two of the Lord Commissioners of Her Majesty’s Treasury
Dated 27th January 1997


text:
1
The connecting roads shall be transferred to the Secretary of State for Transport. This transfer shall take effect as from the date on which the Secretary of State is notified by Lancashire County Council that the connecting roads have been completed and are open to traffic.
2
Immediately after the transfer of the connecting roads, they shall be classified as special roads.
3
In this order: —
1
all measurements of distance are measured along the route of the relevant highway;
i
“the connecting roads” means the special roads to be provided by the Secretary of State in pursuance of “The M6 Motorway (at Haighton) Connecting Roads Scheme 1997.”
ii
“special roads” means the special roads to be provided in pursuance of “The Lancashire County Council (Proposed Connecting Roads to M6 Motorway at Haighton) Special Roads Scheme 1992 Confirmation Instrument 1993 ”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London, SW1P 3PY.
4
This order shall come into operation on 8th May 1997 and may be cited as the M6 Birmingham to Carlisle Motorway (at Haighton) Special Roads Scheme 1997. Transfer Order 1997.
Signed by authority of the Secretary of State for Transport
Jim Boud
Director in the Highways Agency
7th May 1997


text:
Citation
1
This Order may be cited as the Housing Grants, Construction and Regeneration Act 1996 (Commencement No.3) Order 1997.
Commencement
2
The following provisions of the Housing Grants, Construction and Regeneration Act 1996 shall come into force on 16th December 1997 —
sections 131 to 135 in so far as they are not already in force,
sections 136 to 138, and
sections 139 and 140 in so far as they are not already in force.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
1st December 1997


text:
Title and commencement
1
These Regulations may be cited as the Environmentally Sensitive Areas (England) Designation Orders (Revocation of Specified Provisions) Regulations 1997 and shall come into force on 1st July 1997.
Revocation and saving
2
Each of–
a
the Environmentally Sensitive Areas (West Penwith) Designation Order 1986 ;
b
the Environmentally Sensitive Areas (South Downs) Designation Order 1992 ;
c
the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1992 ;
d
the Environmentally Sensitive Areas (The Broads) Designation Order 1992 ; and
e
the Environmentally Sensitive Areas (Pennine Dales) Designation Order 1992 ,is, in so far as it was made under section 2(2) of the European Communities Act 1972, hereby revoked, except that the provisions of that Order so made shall continue to apply to any agreement (as therein defined) to which they applied before the coming into force of these Regulations.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th June 1997