text:
Title, extent and commencement
1
These Regulations may be cited as the Arable Area Payments (Amendment) Regulations 1997, shall extend to Great Britain and shall come into force on 15th January 1998.
Interpretation
2
1
In these Regulations, the “ principal Regulations ” means the Arable Area Payments Regulations 1996 .
2
In regulations 4 to 12 below, any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in the principal Regulations so numbered.
Amendment of the principal Regulations
3
The principal Regulations shall be amended in accordance with regulations 4 to 12 below.
4
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
after the definition of “Commission Regulation 334/93” the following definitions shall be inserted —
“Commission Regulation 1586/97” means Commission Regulation ( EC ) No. 1586/97 laying down detailed implementing rules for the use of set-aside land for the provision of materials for the manufacture within the Community of products not primarily intended for human or animal consumption;
“Commission Regulation 334/93 or Commission 1586/97, as the case may be” means —
in relation to contracts entered into before 10th August 1997, Commission Regulation 334/97; and
in relation to contracts entered into on or after 10th August 1997, Commission Regulation 1586/97;
;
ii
after the words “Commission Regulation 334/93” in the definitions of “land set aside for non-food purposes”, “set aside” and “specified raw materials”, there shall be inserted the words “or Commission Regulation 1586/97, as the case may be”;
iii
for the definition “organic waste” there shall be substituted the following definition —
“organic waste” means —
in relation to the application of organic waste to environmental transferred set-aside land, waste material produced by any work carried out for the maintenance of a tree, hedge, stream or ditch; and
in relation to the application of organic waste to any other set-aside land, waste material produced by or from animals or plants as a by-product of agricultural production, including animal bedding;
;
iv
in the definition of “set-aside requirement”, after the words “Article 2(5)” there shall be inserted the word “of”;
v
the definition of “shallow cultivate” shall be deleted; and
b
in paragraph (3), for the words “these Regulations”, where they appear for the second time, there shall be substituted the words “the Arable Area Payments (Amendment) Regulations 1997”.
5
In regulation 9 (requirements in relation to set-aside land), in paragraph (5)(a), the words “to him” shall be deleted.
6
In regulation 11 (requirements in relation to rapeseed) —
a
in paragraph (6), before the words “For the purposes” there shall be inserted the words “Subject to paragraphs (7A) and (7B),”;
b
in paragraph (7), before the words “As provided for” there shall be inserted the words “Subject to paragraphs (7A) and (7B),”; and
c
after paragraph (7), there shall be inserted the following paragraphs:
7A
Paragraphs (6)(a) and (7)(a) above shall not apply where, before the flowering of the later sown crop, the farmer destroys that part of it which has been sown within 50 metres of the previously sown crop.
7B
Paragraphs (6)(b) and (7)(b) above shall not apply where either the previously sown crop or the later sown crop has flowered and, before the flowering of the other of those two crops, the farmer destroys —
a
such part of the later sown crop as has been sown within 50 metres of the previously sown crop; or
b
such part of the previously sown crop as is growing within 50 metres of the later sown crop.
.
7
In regulation 12 (delivery notifications for non-food raw materials), in paragraphs (1) and (2), for the words “15th November” in each case there shall be substituted the words “9th February”, and after the words “scheme year” in each case there shall be inserted the words “following the scheme year”.
8
In relation to contracts concluded on or after 10th August 1997 pursuant to Articles 3 and 4 of Commission Regulation 1586/97, regulations 11, 12 and 14 shall apply with the following additional modifications —
a
in regulation 11(7), for the words “Article 4 of Commission Regulation 334/93” there shall be substituted the words “Article 13 of Commission Regulation 1586/97”;
b
in regulation 12 —
i
in paragraph (1), for the words “Article 7(3) of Commission Regulation 334/93” there shall be substituted the words “Article 5(4) of Commission Regulation 1586/97”; and
ii
in paragraph (2), for the words “sub-paragraph (a) of Article 8(4) of Commission Regulation 334/93” there shall be substituted the words “Article 6(4) of Commission Regulation 1586/97”;
c
in regulation 14 (keeping and retention of records by a collector and by a processor), in paragraph (3)(a), for the words “Commission Regulation 334/93” there shall be substituted the words “Commission Regulation 1586/97”.
9
In Schedule 1 (derogations from requirement to have farmed for two years land set aside) —
a
in Part I (derogations in respect of land in England or Wales), in paragraph 1(f)(ii), the words “from year to year” shall be deleted; and
b
in Part II (derogations in respect of land in Scotland), in paragraph 1(f)(ii), the words “from year to year” shall be deleted.
10
In Schedule 2 (management requirements in relation to set-aside land) —
a
in Part A (management options for set-aside land), in paragraph 1(1)(b), for the word “condition” there shall be substituted the word “conditions”;
b
in Part B (general management conditions applying to all set-aside land) —
i
in paragraph 11, for sub-paragraph (2) there shall be substituted the following sub-paragraph —
2
In relation to set-aside land situated in Scotland, where a farmer has applied a non-selective herbicide to that set-aside land during the current set-aside period but not earlier than 1st May and not later than 14th July during that period, he shall not subsequently cut any green cover on that set-aside land before 15th July prior to the end of that period.
;
ii
in paragraph 13(3) and (4), for “11(4)(a)” there shall be substituted “15(5)(a)”;
iii
in paragraph 14(a), after the words “organic farmer” there shall be inserted the words “, at any time on or after 1st July prior to the end of the current set-aside period, and;”, and sub-paragraphs (i) and (ii) shall be deleted; and
iv
in paragraph 18(2), there shall be inserted at the beginning the words “Throughout the set-aside period”, and for the words “if that organic waste”, to the end of the sub-paragraph, there shall be substituted the following —
provided that the organic waste —
was produced on land which he farms as a single unit with the set-aside land;
is applied only where there is an existing green cover on the set-aside land; and
is applied in amounts which will not destroy that green cover.
;
c
in Part C (special conditions applying to guaranteed set-aside land), in paragraph 23(1), after the words “period shall”, there shall be inserted the word “be”; and
d
in Part D (exception relating to environmental transferred set-aside land), for paragraph 25(1) there shall be substituted —
25
1
Throughout the set-aside period, a farmer may apply organic waste to an agricultural parcel of environmental transferred set-aside land where —
a
that waste was created as a result of the maintenance of a tree, hedge, stream or ditch on or immediately adjoining that agricultural parcel;
b
there is an existing green cover on that parcel; and
c
the amount of organic waste to be applied will not destroy the green cover.
11
In Schedule 3 (requirements in relation to land set aside for the provision of specified raw materials), in paragraph 2(b)(ii), for the words “the Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 1992”, there shall be substituted “the Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 1997” .
12
Paragraph 3(1) of Schedule 3 shall apply in relation to contracts concluded on or after 10th August 1997 with the modification that, for the words “Article 6(1) of Commission Regulation 334/93, pursuant to Article 7(2)”, there shall be substituted the words “Article 4(1) and (2) of Commission Regulation 1586/97, pursuant to Article 5(2)”.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
15th December 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
16th December 1997


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Electronic Lodgement of Tax Returns Order 1997, shall come into force on 1st March 1997 and shall have effect for the year 1996-97 and subsequent years of assessment.
2
1
The provisions set out in paragraph (2) are, by virtue of paragraph 2(1)(b) of Schedule 3A to the Taxes Management Act 1970, specified for the purposes of that Schedule.
2
The provisions are —
a
section 8 of the Taxes Management Act 1970 (personal return);
b
section 8A of that Act (trustee’s return);
c
section 12AA of that Act (partnership return).
3
The day appointed pursuant to paragraph 2(1)(c) of Schedule 3A to the Taxes Management Act 1970 in relation to notices requiring returns to be delivered or made under the provisions specified by article 2 is 1st March 1997.
Roger Knapman
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
15th January 1997


text:
Citation and Commencement
1
This Order may be cited as the Merchant Shipping (Oil Pollution) (Virgin Islands) Order 1997 and shall come into force on 30th November 1997.
Implementation of the Liability and Fund Conventions
2
Sections 152 to 170 and 172 to 181 of, and Schedule 5 to, the Merchant Shipping Act 1995, subject to the exceptions, adaptations and modifications set out in the Schedule to this Order, shall extend to the Virgin Islands, and any instrument made, or to be made, under section 152(2), 157(2), 157(4), 172(2) or 176(5) shall also extend to the Virgin Islands.
Revocations
3
The following Orders are hereby revoked –
a
The Merchant Shipping (Oil Pollution) (Virgin Islands) Order 1975 ; and
b
The Merchant Shipping (Oil Pollution) (British Virgin Islands) Order 1981 .
N. H. Nicholls
Clerk of the Privy Council


text:
1
1
These Regulations may be cited as the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997 and shall come into force on 1st April 1997.
2
These Regulations extend to England and Wales only.
3
In these Regulations, the expression “ the Act ” means the Criminal Procedure and Investigations Act 1996.
2
Subject to regulations 3, 4 and 5, the relevant period for sections 5 and 6 of the Act (disclosure by the accused) is a period beginning with the day on which the prosecutor complies, or purports to comply, with section 3 of that Act and ending with the expiration of 14 days from that day.
3
1
The period referred to in regulation 2 shall, if the court so orders, be extended by so many days as the court specifies.
2
The court may only make such an order if an application which complies with paragraph (3) below is made by the accused before the expiration of the period referred to in regulation 2.
3
An application under paragraph (2) above shall —
a
state that the accused believes, on reasonable grounds, that it is not possible for him to give a defence statement under section 5 or, as the case may be, 6 of the Act during the period referred to in regulation 2;
b
specify the grounds for so believing; and
c
specify the number of days by which the accused wishes that period to be extended.
4
The court shall not make an order under paragraph (1) above unless it is satisfied that the accused cannot reasonably give or, as the case may be, could not reasonably have given a defence statement under section 5 or, as the case may be, 6 of the Act during the period referred to in regulation 2.
5
The number of days by which the period referred to in regulation 2 may be extended shall be entirely at the court’s discretion.
4
1
Where the court has made an order under regulation 3(1), the period referred to in regulation 2 as extended in accordance with that order shall, if the court so orders, be further extended by so many days as the court specifies.
2
Paragraphs (2) to (5) of regulation 3 shall, subject to paragraph (4) below, apply for the purposes of an order under paragraph (1) above as they apply for the purposes of an order under regulation 3(1).
3
There shall be no limit on the number of applications that may be made under regulation 3(2) as applied by paragraph (2) above; and on a second or subsequent such application the court shall have the like powers under paragraph (1) above as on the first such application.
4
In the application of regulation 3(2) to (5) in accordance with paragraph (2) above, any reference to the period referred to in regulation 2 shall be construed as a reference to that period as extended or, as the case may be, further extended by an order of the court under regulation 3(1) or paragraph (1) or (3) above.
5
1
Where the period referred to in regulation 2 or that period as extended or, as the case may be, further extended by an order of the court under regulation 3(1) or 4(1) or (3) would, apart from this regulation, expire on any of the days specified in paragraph (2) below, that period shall be treated as expiring on the next following day which is not one of those days.
2
The days referred to in paragraph (1) above are Saturday, Sunday, Christmas Day, Good Friday and any day which under the Banking and Financial Dealings Act 1971 is a bank holiday in England and Wales.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
8th March 1997


text:
Commencement and citation
1
This Order may be cited as The A316 Trunk Road (Hounslow and Richmond) Red Route (Clearway) Traffic Order 1997, and shall come into force on 17th November 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 clearway” 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 paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
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) 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) 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) 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
1
Subject to paragraph (2) of this article, the Hounslow (Waiting and Loading Restriction) Order 1977 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Hounslow (Waiting and Loading Restriction) Order 1977 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
TRO 327
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
3rd November 1997


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) (Revocation) Order 1997 and shall come into force on 12th September 1997.
Revocation
2
The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) Order 1996 is hereby revoked.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
11th September 1997


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 1997 and shall come into force —
a
as to regulations 1 and 2 on 31st March 1997, and
b
as to regulation 3 on 1st April 1997.
2
Regulation 4(3) of the Driving Licences (Amendment) (No. 2) Regulations 1997 is hereby revoked.
3
For regulation 3(2)(a)(i) of the Motor Vehicles (Driving Licences) Regulations 1996 there shall be substituted —
i
surrendered to the Secretary of State or is revoked otherwise than by notice under section 93(1) or (2) of the Traffic Act (revocation because of disability or prospective disability), or
.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
14th March 1997


text:
1
This Order may be cited as the Education (Funding for Teacher Training) Designation Order 1997 and shall come into force on 28th March 1997
2
The following are hereby designated as institutions eligible for funding under Part 1 of the Education Act 1994: —
a
Titan Partnership, a charitable unincorporated association having the registered charity number 1058051.
b
Solihull Metropolitan Borough Council.
c
Essex County Council.
Eric Forth
Minister of State,
Department for Education and Employment
25th February 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Coventry Cable Limited) Order 1997 and shall come into force on 14th October 1997.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche,
Parliamentary Under-Secretary of Statefor Small Firms, Trade and Industry,
Department of Trade and Industry
4th September 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits and Jobseeker’s Allowance (Amendment) (No. 2)Regulations 1997 and, subject to paragraphs (2) to (4), shall come into force on 6th October 1997.
2
In relation to a claimant for either income support or jobseeker’s allowance, these Regulations shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th October 1997.
3
In paragraph (2) above, the expression “benefit week” shall have the same meaning as in regulation 2(1) of the Income Support Regulations or, where appropriate, in regulation 1(3) of the Jobseeker’s Allowance Regulations .
4
In so far as these Regulations amend provisions relating to disability working allowance or family credit, they shall come into force on 7th October 1997 and, in relation to any particular claimant for either of those benefits, these Regulations shall have effect where a claimant has an award of disability working allowance or family credit which is current on 7th October 1997, on the day following the expiration of that award.
5
In these Regulations, unless the context otherwise requires —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
Amendment of the Disability Working Allowance Regulations
2
After regulations 29(2)(c) (notional income) and 37(1)(b) and (2)(d) (notional capital) of the Disability Working Allowance Regulations the word “or” and the following sub-paragraph bearing the appropriate letter shall be inserted —
any sum to which paragraph 45(a) or 46(a) of Schedule 4 (disregard of compensation for personal injuries which is administered by the Court) refers,
.
Amendment of the Family Credit Regulations
3
After regulations 26(2)(c) (notional income) and 34(1)(b) and (2)(d) (notional capital) of the Family Credit Regulations the word “or” and the following sub-paragraph bearing the appropriate letter shall be inserted —
any sum to which paragraph 46(a) or 47(a) of Schedule 3 (disregard of compensation for personal injuries which is administered by the Court) refers,
.
Amendment of the Housing Benefit Regulations
4
In sub-paragraph (d) of regulation 5(5) of the Housing Benefit Regulations (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) for the words “his liability to make payments in respect of two dwellings is unavoidable” there shall be substituted the words “he could not reasonably have avoided liability in respect of two dwellings”.
Amendment of the Income Support Regulations
5
1
The Income Support Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 4ZA (prescribed categories of person) after paragraph (3) the following paragraph shall be added —
4
A person who falls within a prescribed category in Schedule 1B for the purposes of this regulation for any day in a benefit week, shall fall within that category for the whole of that week.
.
3
In regulation 40(3A) (calculation of income other than earnings) for the word “week” there shall be substituted the words “benefit week”.
4
After regulations 42(2)(h) (notional income) and 51(1)(b) and (2)(d) (notional capital) the word “or” and the following sub-paragraph bearing the appropriate letter shall be inserted —
any sum to which paragraph 44(a) or 45(a) of Schedule 10 (disregard of compensation for personal injuries which is administered by the Court) refers,
.
5
In regulation 61 (interpretation) in paragraph (c) of the definition of “grant income” for the words “paragraph 1, 2 or 7 of Schedule 1” there shall be substituted the words “paragraph 1, 2, 10, 11 or 12 of Schedule 1B”.
6
In Part II of Schedule 4 (persons to whom regulation 19 does not apply) paragraphs 16 and 17 shall be omitted.
7
In Schedule 7 (applicable amounts in special cases) in column 1 of paragraph 13A(2) for the words from “which includes” to the end, there shall be substituted the words “which a claimant requires by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness.”.
Amendment of the Jobseeker’s Allowance Regulations
6
In the Jobseeker’s Allowance Regulations after regulations 105(2)(g) (notional income) and 113(1)(b) and (2)(d) (notional capital) the word “or” and the following sub-paragraph bearing the appropriate letter shall be inserted —
any sum to which paragraph 42(a) or 43(a) of Schedule 8 (disregard of compensation for personal injuries which is administered by the Court) refers
.
Common amendments
7
1
After the regulations specified in paragraph (2) below the word “or” and the following sub-paragraph bearing the appropriate letter shall be inserted in each regulation —
any sum to which paragraph 46(a) and 47(a) of Schedule 5 (disregard of compensation for personal injuries which is administered by the Court) refers,
.
2
The regulations to which paragraph (1) refers (which relate to notional income and notional capital) are —
a
regulations 26(2)(c) and 34(2)(d) of the Council Tax Benefit Regulations; and
b
regulations 35(2)(c) and 43(2)(d) of the Housing Benefit Regulations.
3
In each of the regulations specified in paragraph (4) below, after the words “Independent Living Funds” there shall be inserted the words “or payments made pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal)”.
4
The regulations to which paragraph (3) refers (which relate to notional income) are —
a
regulation 26(3) of the Council Tax Benefit Regulations;
b
regulation 29(3) of the Disability Working Allowance Regulations;
c
regulation 26(3) of the Family Credit Regulations;
d
regulation 35(3) of the Housing Benefit Regulations;
e
regulation 42(4) of the Income Support Regulations; and
f
regulation 105(10) of the Jobseeker’s Allowance Regulations.
5
In each of the provisions specified in paragraph (6) below for the words from “and is provided” to “required” there shall be substituted the words “by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness and the care is provided in the home”.
6
The provisions to which paragraph (5) refers (which relate to the calculation of tariff income from capital and applicable amounts) are —
a
regulation 53(1B)(c) of, and paragraph 2A(2)(aa) of Schedule 2 to, the Income Support Regulations ; and
b
regulation 116(1B)(c) of, and paragraph 3(2)(b) of Schedule 1 to, the Jobseeker’s Allowance Regulations .
7
In each of the paragraphs of the Schedules specified in paragraph (8) below, at the end there shall be added the words “or section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992 (provision of financial assistance to students)”.
8
The paragraphs of the Schedules to which paragraph (7) refers (which relate to the disregard of certain educational awards) are —
a
paragraph 10 of Schedule 4 to the Council Tax Benefit Regulations;
b
paragraph 9 of Schedule 3 to the Disability Working Allowance Regulations;
c
paragraph 9 of Schedule 2 to the Family Credit Regulations;
d
paragraph 10 of Schedule 4 to the Housing Benefit Regulations;
e
paragraph 11 of Schedule 9 to the Income Support Regulations; and
f
paragraph 12 of Schedule 7 to the Jobseeker’s Allowance Regulations.
9
Each of the paragraphs of the Schedules specified in paragraph (10) below shall be amended in the following manner —
a
the words “under the age of 18” shall be omitted; and
b
in sub-paragraph (b) at the end there shall be added the words “where the person concerned is under the age of 18”.
10
The paragraphs of the Schedules to which paragraph (9) refers (which relate to the disregard of capital administered by a Court) are —
a
paragraphs 46 and 47 of Schedule 5 to the Council Tax Benefit Regulations ;
b
paragraphs 45 and 46 of Schedule 4 to the Disability Working Allowance Regulations;
c
paragraphs 46 and 47 of Schedule 3 to the Family Credit Regulations;
d
paragraphs 46 and 47 of Schedule 5 to the Housing Benefit Regulations ;
e
paragraphs 44 and 45 of Schedule 10 to the Income Support Regulations ; and
f
paragraphs 42 and 43 of Schedule 8 to the Jobseeker’s Allowance Regulations.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
9th September 1997


text:
Commencement and citation
1
This Order may be cited as the London Borough of Enfield (Trunk Roads) Red Route (Bus Lanes) Traffic Order 1997, and shall come into force on 17th March 1997.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “bus lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“dial-a-ride bus” means a vehicle —
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
g
“times of operation” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the times specified in that item in column (3) of that table;
h
“permitted vehicles” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the vehicles specified in that item in column (5) of that table;
i
an entry in column (3) , (4) or (5) of an item in the table in the schedule to this order applies to that column in subsequent items in that schedule.
Bus Lane Controls
3
1
No person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in the schedule to this order during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
The controls specified in paragraph (1) of this article do not apply so as to prevent a vehicle stopping in a bus lane for as long as may be necessary —
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other order.
Exemptions
4
1
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within the exemption to a restriction or prohibition imposed by any other order made under the Road Traffic Regulation Act 1984 or which is permitted by any other order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle stopping in a bus lane if the vehicle is being used in —
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommuni cations Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane and in so far as the activity is not prohibited by the provisions of any other order made under the Road Traffic Regulation Act 1984.
3
The controls specified in article 3(1) do not apply in respect of —
a
a vehicle entering or stopping in a bus lane so as to avoid an accident;
b
a vehicle entering or stopping in a bus lane to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
a vehicle crossing a bus lane in order to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane;
d
a vehicle being in a bus lane to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane;
e
a vehicle being used for ambulance, fire brigade or police purposes;
f
a vehicle stopping in a bus lane if it has lawfully entered the bus lane and it has to stop —
i
by law;
ii
to avoid an accident;
iii
in circumstances beyond the drivers control;
g
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
5
The A10 Trunk Road (Enfield and Haringey) Red Route (Bus Lanes) ( No. 1) Traffic Order 1996 and The A10 Trunk Road (Enfield) Red Route (Bus Lanes) (No. 2) Traffic Order 1996 are hereby revoked in so far as their provisions relate to any length of road specified in the table in the schedule to this order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
24th February 1997


text:
Title and commencement
1
This Order may be cited as the Animal By-Products (Amendment) Order 1997 and shall come into force on 1st January 1998.
Amendments to the Animal By-Products Order 1992
2
1
The Animal By-Products Order 1992 shall be amended in accordance with this article.
2
After article 3(2) the following paragraph shall be added —
3
A notice, approval or licence under this Order —
a
shall be in writing;
b
may be subject to conditions;
c
may be amended, suspended or revoked by notice in writing at any time.
.
3
Articles 5 and 6 shall be replaced with the following articles —
Restriction on disposal of animal by-products referred to in Schedule 1
5
1
Subject to the following provisions of this article, any person who has in his possession or under his control any animal by-product referred to in Schedule 1 shall dispose of it without undue delay by —
a
rendering in approved premises;
b
complete incineration in an incinerator; or
c
burning other than in an incinerator or by burial if —
i
the by-product is in a place where access is difficult; or
ii
the amount of by-product and the distance to approved rendering premises or an incinerator do not justify transporting it.
2
If the Minister serves on the person in charge of any animal by-product a notice certifying that —
a
the by-product is from animals infected or suspected of being infected with an epizootic disease and should not be transported because of health risks;
b
the by-product is from animals infected with or suspected of being infected with a serious disease, or contains residues which could constitute a risk to human or animal health and which could survive rendering; or
c
there is a lack of capacity at rendering premises or incinerators;
then that person shall, without undue delay, dispose of the by-product by burning or by burial as may be specified in the notice.
3
If he thinks fit, the Minister may serve a notice on any person in possession of an animal by-product referred to in Part I of Schedule 1 requiring its complete incineration in an incinerator.
Exemptions from article 5
6
1
The provisions of article 5 above shall not apply to any person consigning or using an animal by-product for scientific purposes.
2
The provisions of article 5 above shall not apply to any person consigning or using animal by-products referred to in Part II of Schedule 1 for the preparation of petfood or technical or pharmaceutical products in premises registered under article 9.
3
Where any by-product is used in accordance with paragraph (2) above the Minister may by notice require that it be despatched, stored or processed in a specific location and under specific conditions.
4
The provisions of article 5 above shall not apply to —
a
any person consigning animal by-products to a person licensed by the Minister to partly render animal by-products, or
b
any person partly rendering animal by-products on premises licensed by the Minister provided that the part-rendered product is disposed of in accordance with article 5 above or, in the case of material referred to in Part II of Schedule 1, in accordance with paragraph (2) of this article.
Exemptions from article 5 relating to certain types of animal by-product
6A
1
This article applies to —
a
a by-product referred to in paragraphs (a), (b) and (e) of Part I of Schedule 1 (provided that it is not from an animal slaughtered as a result of the presence or suspected presence of a notifiable disease listed in Annex I to Council Directive No. 82/894/ EEC (on the notification of animal diseases within the Community) ); and
b
a by-product referred to in Part II of Schedule 1.
2
The provisions of article 5 above shall not apply to any person consigning animal by-products to which this article applies to a knackers' yard or to premises where zoo, circus or fur animals, recognised packs of hounds or maggots farmed for fishing bait are fed.
3
The provisions of article 5 above shall not apply to any person treating an animal by-product to which this article applies in a knacker’s yard.
4
The provisions of article 5 above shall not apply to any person using an animal by-product to which this article applies for feeding zoo, circus or fur animals, recognised packs of hounds or maggots farmed for fishing bait.
Knackers' yards
6B
The occupier of a knacker’s yard shall ensure that any animal by-product received by him is either —
a
cooked or denatured without delay and then distributed locally for feeding animals whose flesh is not intended for human consumption in a way that entails no risk to human or animal health, or
b
disposed of without delay in accordance with article 5 above.
.
4
Article 8(3) is revoked.
Jeff Rooker
Minister of State Ministry of Agriculture, Fisheries and Food
5th December 1997
Sewel
Parliamentary Under Secretary of State Scottish Office
5th December 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State Welsh Office
8th December 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (RSL Communications 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 interpretation
1
1
These Regulations may be cited as the Local Government Pension Scheme (Internal Dispute Resolution Procedure) Regulations 1997 and shall come into force on 6th April 1997.
2
In these Regulations “the principal Regulations ” means the Local Government Pension Scheme Regulations 1995 .
Internal dispute resolution procedure
2
Part J of the principal Regulations is amended —
a
in regulation J1(2) by substituting for the words “this regulation and of regulation J5” the words “this Part”;
b
by deleting paragraph (3) of regulation J1;
c
in regulation J4(1) by substituting for the words “under this Part” the words “under regulations J1 to J3”;
d
in regulation J4(2)(c) by substituting for paragraph (ii) the following —
ii
to his right under regulation J6 to make an application to an appointed person, the address at which the appointed person may be contacted and his job title; and
iii
to his right under regulation J8 to apply to the Secretary of State for a reconsideration of the matter within the time limit referred to in that regulation.
; and
e
by substituting for regulation J5 the following —
Appointment of persons to resolve disputes
J5
1
Each administering authority must appoint a panel of persons they consider to be suitably qualified for the purpose of resolving disagreements in respect of which an application is made under regulation J6(1).
2
The members of such panel are the appointed persons for the purposes of this Part of the regulations.
3
A disagreement in respect of which an application is made under regulation J6(1) may be decided by one or more appointed persons.
4
An appointed person shall hold and vacate office under the terms of the instrument under which he is appointed by the administering authority but may resign by notice in writing to the administering authority.
5
The administering authority shall prescribe the procedure to be followed by the appointed persons in the exercise of their functions under these regulations and the manner in which their functions are to be exercised.
6
An application under regulation J6 shall not be referred to an appointed person for a decision where the appointed person has previously been involved in the subject matter of the disagreement.
Application for a decision
J6
1
Where there is a disagreement between a complainant and an LGPS employer about a matter in relation to the Scheme, the complainant may make a written application —
a
to the appropriate appointed person, or
b
to the appropriate administering authority to refer to the appropriate appointed person
to give a decision on such a disagreement.
2
An application under this regulation may be made or continued on behalf of a complainant by a representative nominated by him.
3
Where a complainant dies or is a minor or is otherwise incapable of acting for himself, an application may be made or continued on his behalf —
a
in the case of his death, by his personal representative; and
b
in any other case, by a member of his family or some other person suitable to represent him.
4
An application for a decision shall set out particulars of the disagreement in respect of which a decision is sought.
5
The particulars shall include —
a
where the complainant is a person described in either regulation J11(a)(i), (iii) or (iv) or a person claiming to be such under regulation J11(a)(v), the full name, address, date of birth, national insurance number (if applicable) of the complainant and the name of his employing authority;
b
where the complainant is a person described in regulation J11(a)(ii), or a person claiming to be such under regulation J11(a)(v), the full name, address and date of birth of the complainant, his relationship to the member and the full name, date of birth and national insurance number of the member and the name of his employing authority;
c
the full name and address of any representative acting on behalf of the complainant and whether such address is the address to be used for service on the complainant of any documents in connection with the disagreement;
d
;a statement as to the nature of the disagreement with sufficient details to show why the complainant is aggrieved; and
e
a copy of any written notification issued under regulation J4(1).
6
The application shall be signed by or on behalf of the complainant.
7
An appointed person shall not consider an application unless it is received by him before the end of the period of six months beginning with the relevant date or such further period as the appointed person considers reasonable.
8
Where the disagreement relates to a decision notified under regulation J4(1), the relevant date is the date of that notification.
9
In any other case, the relevant date is the date of the act or omission complained of or, if there is more than one of them, the last of them.
10
The appropriate administering authority in relation to a complainant is —
a
where the complainant is the member, the administering authority that are or were his last appropriate administering authority under these regulations, and
b
where the complainant is the widow, widower or surviving dependant of a deceased member, the administering authority that were the appropriate administering authority in relation to that deceased member.
11
The appropriate appointed person in relation to a complainant is any appointed person appointed by the complainant’s appropriate administering authority.
Notice of a decision
J7
1
Subject to paragraph (3), a decision on the matters raised by an application under regulation J6 shall be issued by the appointed person to the complainant or where applicable, his representative and to the respondent and, where different, the appropriate administering authority by notice in writing within two months from the date on which the particulars specified in regulation J6(5) were received.
2
The notice shall include —
a
a statement of the decision;
b
a reference to any legislation relied upon;
c
a reference to such parts of these regulations relied upon and, where a discretion has been exercised, a reference to such parts of these regulations by which such discretion is conferred; and
d
a reference to the right of —
i
the complainant; and
ii
the respondent
to refer the disagreement for reconsideration by the Secretary of State within the time limit described in regulation J8(1).
3
If, in any case, written notice of a decision under this regulation is not issued within two months from the date on which particulars of the disagreement were received, an interim reply must immediately be sent to the complainant or, where applicable, his representative, the respondent and (if different) the appropriate administering authority setting out the reasons for the delay and an expected date for issuing the decision.
Referral of disagreement to the Secretary of State
J8
1
An application to the Secretary of State to reconsider a disagreement in respect of which a decision referred to in regulation J6 has been made may be made by —
a
the complainant or a representative nominated by him, or
b
the respondent
within six months from the date of the notice of the decision and shall set out particulars of the grounds on which the application is made.
2
The particulars shall include —
a
where the application is made by or on behalf of the complainant, the matters referred to in regulation J6(5);
b
a copy of the notice of the decision made under regulation J7;
c
a statement of the reasons why the complainant or the respondent is dissatisfied with the decision made under regulation J7; and
d
a statement that the complainant or the respondent wishes the disagreement to be reconsidered by the Secretary of State.
3
An application may also be made by a complainant or a representative appointed by him to the Secretary of State to consider a disagreement and to make a decision where an application has been made to an appointed person under regulation J6 and that person has failed to issue —
a
a written notice of a decision or an interim reply within three months from the date on which the application was made; or
b
where an interim reply has been sent, a written notice of decision within one month from the expected date for issuing the decision stated in that reply.
4
An application made under paragraph (3) shall set out particulars of the grounds on which the application is made which shall include —
a
the matters referred to in regulation J6(5); and
b
a statement that the complainant wishes the disagreement to be considered by the Secretary of State.
5
An application made under this regulation shall be signed by or on behalf of the complainant or the respondent as appropriate.
Notice of decision from the Secretary of State
J9
1
Subject to paragraph (3), the Secretary of State shall issue to the complainant or, where applicable, his representative, and to the respondent and, if different, the appropriate administering authority a notice in writing of his decision on the matters raised under regulation J8 within two months from the date on which the particulars specified in regulation J8(2) or J8(4) are received by him.
2
The notice shall include —
a
a statement of the decision and an explanation as to whether and, if so, to what extent that decision either confirms or replaces the decision made under regulation J7;
b
a reference to any legislation relied upon;
c
a reference to such parts of these regulations as were relied upon and, where a discretion has been exercised, a reference to such parts of these regulations by which such discretion is conferred;
d
a statement that OPAS (The Pensions Advisory Service) is available to assist members and beneficiaries of the Scheme in connection with difficulties which they have failed to resolve with the Secretary of State and the address at which it may be contacted; and
e
a statement that the Pensions Ombudsman appointed under section 145(2) of the Pension Schemes Act 1993 may investigate and determine any complaint or dispute of fact or law in relation to the Scheme made or referred in accordance with that Act and the address at which he may be contacted.
3
If, in any case, written notice of a decision under this regulation is not issued within two months from the date on which particulars of the disagreement were received under regulation J8, an interim reply must immediately be sent to the complainant or, where applicable, his representative and to the respondent and, if different, to the complainant’s appropriate administering authority setting out the reasons for the delay and an expected date for issuing the decision.
Appeals from an administering authority
J10
1
Where —
a
the relevant employer has decided or failed to decide any such question as is mentioned in regulation J1, and
b
the relevant employer is not an administering authority
then, subject to the following provisions of this regulation, the administering authority maintaining the pension fund to which the relevant employer pays employer’s contributions may make an appeal to the Secretary of State.
2
The Secretary of State shall not determine any question that fell to be decided by the relevant employer in the exercise of a discretion conferred on them by these regulations.
3
This paragraph applies where an appeal is made to the Secretary of State by an administering authority under this regulation and any other person has made or makes, whether contemporaneously or subsequently, an application under regulations J6 or J8 in respect of any of the matters which are the subject of the appeal.
4
Where paragraph (3) applies, the appeal made under this regulation shall be stayed pending notification of a decision under regulation J7 or, if applicable, regulation J9 or until the application is withdrawn.
5
An appeal under this regulation shall be made by notice in writing before the end of the period of six months beginning with the relevant date or such further period as the Secretary of State considers reasonable.
6
Where the appeal relates to a decision notified under regulation J4(1), the relevant date is the date of the notification of that decision.
7
In any other case, the relevant date is the date of the act or omission complained of, or, if there is more than one of them, the last of them.
Definitions
J11
In this Part —
a
“complainant” means a person who is —
i
an active member, deferred member or pensioner member of the Scheme;
ii
a widow, widower or surviving dependant of a deceased member of the Scheme;
iii
a prospective member of the Scheme;
iv
a person who ceased to be within any of the categories of persons referred to in sub-paragraphs (i) to (iii) above within the six months immediately preceding the date of an application under regulation J6 of these regulations; and
v
where there is a disagreement which relates to a question whether a person who claims to be such a person as is mentioned in sub-paragraphs (i) to (iv) is such a person, the person so claiming;
b
“active member”, “deferred member” and “pensioner member” have the meaning given in section 124(1) of the Pensions Act 1995 and in this Part of the regulations, a reference to “a member” shall, where the context permits, include a reference to a prospective member, a deferred member and a pensioner member as appropriate;
c
“prospective member” means any person who, under the terms of his contract of service or these regulations —
i
is able, at his own option, to become a member of the Scheme,
ii
will become so able if he continues in the same employment for a sufficiently long period,
iii
will be admitted to the Scheme automatically unless he makes an election not to become a member, or
iv
may be admitted to the Scheme subject to the consent of his employer, and
in relation to a prospective member, the references to his employing authority, relevant employer, LGPS employer and appropriate administering authority shall be construed as references to the body that would be such under these regulations were he to become an active member of the Scheme; and
d
“respondent” means the employing authority or (if different) the appropriate administering authority who are the other party to the disagreement in respect of which a complaint is made under regulation J6.
.
Part H and interest on late payment of certain benefits
3
Paragraphs (2)(b) and (3)(b)(ii) of regulation H1 of the principal Regulations are amended by substituting for the reference “J5” the reference “J7, J9 or J10”.
Information and records
4
Part M of the principal Regulations is amended —
a
in regulation M5 —
i
by inserting in paragraph 1(b) after the reference “J2(1)” the words “and all applications under regulations J6 and J8”;
ii
by adding at the end of paragraph (1) after the words “every member” the words “or a prospective member”; and
iii
by adding as paragraph (3) —
3
In this Part, “prospective member” has the same meaning as in regulation J11.
; and
b
in regulation M6 —
i
in paragraph (1) by inserting after sub-paragraph (b) the following —
bb
copies of all applications made by them under regulation J8;
; and
ii
by adding at the end the following paragraph —
4
When an administering authority make an application under J8 in relation to a person who is not in their employment, they shall send a copy of that application to the body who are the employing authority or were the last employing authority in relation to that person.
.
Schedule M2 — modification in special cases
5
Schedule M2 to the principal Regulations is amended by substituting for the wording of paragraphs 2(7) and 4(6) the following —
Regulation J10 (appeals from an administering authority) has effect as if a body receiving such a report were the administering authority maintaining the pension fund to which that body pays employer’s contributions for the purposes of regulation J10(1) and paragraph (2) of regulation J9 were omitted.
.
Transitional and Savings
6
1
The substitution by regulation 2 of new regulations J5 to J11 in the principal Regulations shall not affect the rights of any person who made an appeal before 6th April 1997 and accordingly, so far as is necessary to give effect to those rights and to make provision for any matters incidental to them, the provisions of Part J shall be treated as if they had continued in effect without the amendments made by these Regulations.
2
A person who made an appeal under regulation J5 of the principal Regulations before 6th April 1997 may make a complaint under regulation J6 as added by these Regulations if —
a
the question to be determined concerns an act or omission which occurred not more than six months before 6th April 1997; and
b
the Secretary of State has not issued a final determination of the question.
3
If a person exercises his right under paragraph (2), the earlier appeal shall be treated as withdrawn.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
13th February 1997


text:
1
This Order may be cited as the Value Added Tax (Drugs, Medicines and Aids for the Handicapped) Order 1997 and shall have effect, in relation to supplies made on or after 1st January 1998 and any acquisition or importation taking place, on or after that date.
2
Group 12 (supplies of drugs, medicines, aids for the handicapped, etc ) of Schedule 8 to the Value Added Tax Act 1994 shall be amended in accordance with articles 3 to 7 below.
3
In item 1 (supply of goods dispensed under prescription), for “supply of any goods dispensed,” there shall be substituted “supply of any qualifying goods dispensed to an individual for his personal use where the dispensing is”.
4
In item 1A (supply of goods by doctors) after “any” there shall be inserted “qualifying” and for “regulation 41 of the Health and Personal Social Services (General Medical and Pharmaceutical Services) Regulations (Northern Ireland) 1973”, there shall be substituted “regulation 12 of the Pharmaceutical Services Regulations (Northern Ireland) 1997” .
5
After Note (2), there shall be inserted the following Note —
2A
In items 1 and 1A, “qualifying goods” means any goods designed or adapted for use in connection with any medical or surgical treatment except —
a
hearing aids;
b
dentures; and
c
spectacles and contact lenses.
.
6
In paragraph (b) of Note (4) delete “other than mechanically propelled vehicles intended or adapted for use on roads”.
7
After Note (5), there shall be inserted the following Notes —
5A
In item 1 the reference to personal use does not include any use which is, or involves, a use by or in relation to an individual while that individual, for the purposes of being provided (whether or not by the person making the supply) with medical or surgical treatment, or with any form of care —
a
is an in-patient or resident in a relevant institution which is a hospital or nursing home; or
b
is attending at the premises of a relevant institution which is a hospital or nursing home.
5B
Subject to Notes (5C) and (5D), in item 2 the reference to domestic or personal use does not include any use which is, or involves, a use by or in relation to a handicapped person while that person, for the purposes of being provided (whether or not by the person making the supply) with medical or surgical treatment, or with any form of care —
a
is an in-patient or resident in a relevant institution; or
b
is attending at the premises of a relevant institution.
5C
Note (5B) does not apply for the purpose of determining whether any of the following supplies falls within item 2, that is to say —
a
a supply to a charity;
b
a supply by a person mentioned in any of paragraphs (a) to (g) of Note (5H) of an invalid wheelchair or invalid carriage;
c
a supply by a person so mentioned of any parts or accessories designed solely for use in or with an invalid wheelchair or invalid carriage.
5D
Note (5B) applies for the purpose of determining whether a supply of goods by a person not mentioned in any of paragraphs (a) to (g) of Note (5H) falls within item 2 only if those goods are —
a
goods falling within paragraph (a) of that item;
b
incontinence products and wound dressings; or
c
parts and accessories designed solely for use in or with goods falling within paragraph (a) of this Note.
5E
Subject to Note (5F), item 2 does not include —
a
a supply made in accordance with any agreement, arrangement or understanding (whether or not legally enforceable) to which any of the persons mentioned in paragraphs (a) to (g) of Note (5H) is or has been a party otherwise than as the supplier; or
b
any supply the whole or any part of the consideration for which is provided (whether directly or indirectly) by a person so mentioned.
5F
A supply to a handicapped person of an invalid wheelchair or invalid carriage is excluded from item 2 by Note (5E) only if —
a
that Note applies in relation to that supply by reference to a person falling within paragraph (g) of Note (5H); or
b
the whole of the consideration for the supply is provided (whether directly or indirectly) by a person falling within any of paragraphs (a) to (f) of Note (5H).
5G
In Notes (4), (5C) and (5F), the references to an invalid wheelchair and to an invalid carriage do not include references to any mechanically propelled vehicle which is intended or adapted for use on roads.
5H
The persons referred to in Notes (5C) to (5F) are —
a
a Health Authority or Special Health Authority in England and Wales;
b
a Health Board or Special Health Board in Scotland;
c
a Health and Social Services Board in Northern Ireland;
d
the Common Services Agency for the Scottish Health Service, the Northern Ireland Central Services Agency for Health and Social Services and the Isle of Man Health Services Board;
e
a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978 ;
f
a Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 ; or
g
any person not falling within any of paragraphs (a) to (f) above who is engaged in the carrying on of any activity in respect of which a relevant institution is required to be approved, licensed or registered or as the case may be, would be so required if not exempt.
5I
In Notes (5A), (5B) and (5H), “relevant institution” means any institution (whether a hospital, nursing home or other institution) which provides care or medical or surgical treatment and is either —
a
approved, licensed or registered in accordance with the provisions of any enactment or Northern Ireland legislation; or
b
exempted by or under the provisions of any enactment or Northern Ireland legislation from any requirement to be approved, licensed or registered;,
and in this Note the references to the provisions of any enactment or Northern Ireland legislation include references only to provisions which, so far as relating to England, Wales, Scotland or Northern Ireland, have the same effect in every locality within that part of the United Kingdom.
.
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
18th November 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Halton (Electoral Changes) Order 1997 and shall come into force on 1st May 1997 except that, for the purpose of all proceedings preliminary or relating to an election to be held on or after that date, it shall come into force on the day after the day on which it is made.
2
In this Order —
“the borough” means the borough of Halton;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, marked “Map of the Borough of Halton (Electoral Changes) Order 1997”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Halton
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-one wards which shall bear the names set out in column (1) of Schedule 1, and the number of councillors to be elected for each ward shall be the number specified in column (2) of that Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Halton
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 1997 .
3
The councillors holding office for any ward in the borough immediately before 5th May 1997 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 1997 for any ward of the borough is two, the first to retire shall be, subject to paragraphs (7) and (8), the councillor elected by the smaller number of votes.
6
Where the number of councillors elected in 1997 for any ward of the borough is three —
a
the first to retire shall, subject to paragraphs (7) and (8), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
7
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
8
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
9
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
10
In each year in which a councillor for a ward in the borough retires in accordance with paragraphs (4) to (9) an election of a councillor for that ward shall be held on the ordinary day of election of councillors in that year; and the term of office of councillors elected at such an election shall be three years.
11
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary day of election of councillors of the borough in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
12
Paragraph (1) of article 7 of the Cheshire (Boroughs of Halton and Warrington) (Structural Change) Order 1996 (election of councillors in 1997 and subsequent years) shall be omitted.
Parish council elections
4
1
The ordinary elections of parish councillors for the parishes of Daresbury, Moore and Preston Brook in 1999 shall not take place; and any parish councillor holding office immediately before 10th May 1999 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 8th May 2000.
2
The term of office of any parish councillor elected on the ordinary day of election of councillors in 1999 for the parish of Hale shall be three years.
3
Elections of all parish councillors for the parishes of Daresbury, Moore and Preston Brook shall be held simultaneously on the ordinary day of election of councillors in 2000 and 2003 and every fourth year thereafter.
4
Elections of all parish councillors for the parish of Hale shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
5
The term of office of any parish councillor elected at the elections held pursuant to paragraph (3) or (4) shall be, in the case of the parish councillors elected in 2000, three years and, in any other case, four years.
6
On the fourth day after any such election —
a
the persons who were parish councillors immediately before those elections shall retire; and
b
the newly elected parish councillors shall come into office.
7
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 8th May 2000 in the office of a parish councillor for the parish of Daresbury, Moore or Preston Brook, as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to that date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
21st February 1997


text:
1
This Order may be cited as The Worcester College of Agriculture (Dissolution) Order 1997 and shall come into force on 10th May 1997.
2
On 10th May 1997 the Transferor shall be dissolved and all of its property, rights and liabilities shall be transferred to the Transferee, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the Transferor immediately before 10th May 1997 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 10th May 1997;
c
to the transferor were to the Transferor; and
d
to the corporation were to the Transferee.
James Paice
Parliamentary Under-Secretary of State,
Department for Education and Employment
4th April 1997


text:
Citation, commencement and extent
1
1
This Order may be cited as the Deregulation (Public Health Acts Amendment Act 1907) Order 1997 and shall come into force on 1st January 1998.
2
This Order does not extend to Scotland or Northern Ireland.
Amendment of the Public Health Acts Amendment Act 1907
2
For section 94(8) of the Public Health Acts Amendment Act 1907 (which disapplies the requirement to obtain a licence from the local authority in relation to pleasure boats and vessels on British Waterways Board canals) there shall be substituted —
8
No licence under this section shall be required in respect of pleasure boats and pleasure vessels on any inland waterway owned or managed by the British Waterways Board.
Signed by authority of the Secretary of State
Robert Jones
Minister of State,
Department of the Environment
25th March 1997


text:
1
The said regulations are hereby approved.
2
This order may be cited as the General Medical Council (Registration (Fees) (Amendment) Regulations) Order of Council 1997.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Reciprocal Enforcement of Judgments (Administration of Justice Act 1920, Part II) (Amendment) Order 1997 and shall come into force on 1st February 1998.
2
The Reciprocal Enforcement of Judgments (Administration of Justice Act 1920, Part II) (Consolidation) Order 1984 shall be amended by deleting from Schedule 1 thereto the entry relating to Gibraltar.
N.H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Police Authorities (Standing Orders) Regulations 1997, and shall come into force on 17th November 1997.
Police authorities: recording of votes and signature of minutes
2
1
No later than the first ordinary meeting of the authority falling after the day on which these Regulations come into force, a police authority shall, in respect of the recording of votes, and signing of minutes, of the authority —
a
make standing orders incorporating the provisions set out in Schedule 2 to the Local Authorities (Standing Orders) Regulations 1993 , or provisions to like effect, and
b
modify any existing standing orders in so far as necessary to conform with those provisions.
2
In this regulation ‘police authority’ means a police authority constituted under section 3 of the Police Act 1996 .
Alun Michael
Minister of State
Home Office
5th October 1997


text:
Citation and commencement
1
This Order may be cited as the Pontefract Hospitals National Health Service Trust Dissolution Order 1997 and shall come into force on 1st April 1997.
Dissolution of NHS trust
2
The Pontefract Hospitals National Health Service Trust established by the Pontefract Hospitals National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
28th February 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Allocation of Housing and Homelessness (Amendment) (No. 2) Regulations 1997 and shall come into force on 27th August 1997.
2
In these Regulations —
“the Allocation Regulations ” means the Allocation of Housing Regulations 1996 ; and
“the Homelessness Regulations ” means the Homelessness Regulations 1996 .
Amendment of regulation 6 of the Allocation Regulations
2
In regulation 6 of the Allocation Regulations (classes prescribed under section 161(3) of the Housing Act 1996 who are not qualifying persons), in the description of Class F, at the end, add —
iv
a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption;
.
Amendment of regulation 4 of the Homelessness Regulations
3
In regulation 4 of the Homelessness Regulations (descriptions of persons who are to be treated as persons from abroad ineligible for housing assistance), in paragraph (a), at the end, add —
iv
a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption;
.
Signed by the authority of the Secretary of State
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
26th August 1997


text:
Citation and commencement
1
These Regulations may be cited as the Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) Regulations 1997 and shall come into force on 14th April 1997.
Amendments
2
The form set out in the Schedule to the Housing Renewal Grants (Prescribed Form and Particulars) Regulations 1996 is amended as mentioned in the Schedule to these Regulations.
Application
3
These Regulations shall not have effect in relation to applications for a grant made before 14th April 1997.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
18th March 1997
Jonathan Evans
Parliamentary Under-Secretary of State, Welsh Office
18th March 1997


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Family Proceedings (Amendment No. 2) Rules 1997 and shall come into force on 21st April 1997.
2
The Family Proceedings Rules 1991 shall be amended in accordance with the following provisions of these Rules and, in those provisions, any reference to a rule or Appendix by number alone shall be construed as a reference to the rule or Appendix so numbered in the said Rules of 1991.
Hearsay evidence
2
Rule 2.28(1) shall be amended by substituting, for the words “the Civil Evidence Act 1968”, the words “the Civil Evidence Act 1995 ”.
3
Rule 2.31 shall be revoked.
Ancillary Relief pilot scheme
4
After Rule 2.70 there shall be inserted the following new rules —
Ancillary relief procedure for specified courts: pilot scheme
2.71
1
The procedure under Rules 2.72 to 2.77 shall apply to any ancillary relief application and to any application under section 10(2) of the Act of 1973 where notice of the application or notice of intention to proceed with the application for ancillary relief made in the petition or answer is filed in proceedings which are pending
i
in the principal registry,
ii
in one of the divorce county courts listed in paragraph (2), or
iii
in the High Court in a district registry which is mentioned in paragraph (2).
2
The courts referred to in paragraph (1) are —
Barnsley
Bath
Blackwood
Bolton
Boston
Bow
Bristol
Bury
Crewe
Guildford
Harrogate
Hertford
Kingston
Maidstone
Northampton
Salford
Southampton
Southport
Stafford
Staines
Stoke-on-Trent
Taunton
Teesside
Trowbridge
Tunbridge
Wells
Willesden
Wrexham
3
In proceedings to which the procedure under Rules 2.72 to 2.77 applies, these Rules shall apply with the following modifications:
a
Rules 2.45(2), (3), 2.58(2), (3), 2.59(1), 2.62(1), 2.62(3), (5), (6), 2.63 and 2.70(1) shall not apply;
b
Rule 2.55 shall apply with the omission of the words after “proceeding”;
c
Rule 2.58(1) shall apply subject to Rules 2.72 to 2.77;
d
Rule 2.60(1) shall apply
i
with the omission of the words from “A person” to “opposite party and”, and
ii
with the substitution, for the words “within seven days of service of the affidavit on him”, of the words “within eight days of service of the notice on him”;
e
in Rules 2.60(1) and 2.66(4), for “Rule 2.62(5)” there shall be substituted “Rule 2.74(3)”; and
f
references to
i
Form M11 or M13,
ii
M12, or
iii
M14
(either alone or in conjunction with a rule) shall be construed as references to Form A, B or F respectively in Appendix 1A to these Rules and those forms shall be used with such variation as the circumstances of the particular case may require instead of Form M11, M12, M13 or M14.
References in these Rules to a rule which is modified by this rule shall be read as a reference to the rule as so modified.
4
The procedure under Rules 2.72 to 2.77 shall apply to
a
proceedings to which the President’s Practice Direction of 25th July 1996 applied which were commenced before Rules 2.72 to 2.77 came into force and steps taken under that Direction shall be treated as if they had been taken under Rules 2.72 to 2.77;
b
proceedings which are transferred to the principal registry or to one of the courts listed in paragraph (2) subject to any directions given by the court to which the proceedings are transferred.
5
Where proceedings to which the procedure under Rules 2.72 to 2.77 applied are transferred to a court which is not listed in paragraph (2), steps taken under those rules shall, so far as practicable and subject to any directions given by the court to which the proceedings are transferred, be treated as if those rules had not come into force.
Ancillary relief procedure
2.72
1
a
A notice of intention to proceed with an application for ancillary relief made in the petition or answer; or
b
an application for ancillary relief;
shall be made by notice in Form A in Appendix 1A.
2
Where an order for ancillary relief is sought that includes provision to be made by virtue of section 25B or 25C of the Act of 1973 the terms of the order sought must be specified in the notice in Form A in Appendix 1A.
3
An application to which Rule 2.45 applies shall be made by notice in Form B in Appendix 1A.
4
Upon the filing of a notice in Form A or Form B —
a
the court shall allocate a first appointment not less than 10 weeks and not later than 14 weeks after the date of the filing of the notice and give notice of that date;
b
the person making the application (“the applicant”) shall serve a copy on the respondent to the application (“the respondent”) within 4 days of the date of the filing of the notice.
5
The date fixed under paragraph (4) for the first appointment, or for any subsequent appointment, shall not be vacated except with the leave of the court and, where such a date is vacated, the court shall forthwith fix a fresh date.
Notice in Form E
2.73
1
Not less than 35 days before the date of the first appointment the applicant and respondent shall simultaneously exchange with the other party and each file with the court a statement in Form E in Appendix 1A which
a
is signed by him;
b
is sworn to be true, and
c
contains the information set out in paragraph (2).
2
The information referred to in paragraph (1) is —
a
the party’s full name, age, date of birth and occupation;
b
the party’s state of health;
c
the dates of marriage and separation of the parties;
d
the full names and dates of birth of any children of the family, and the name and address of the person with whom they live;
e
details of the party’s present residence and the occupants thereof;
f
a concise statement of the party’s means including
i
his income and earning capacity,
ii
the value of all his assets and liabilities,
iii
the benefits under any pension scheme that he has or is likely to have with the most recent valuation (if any) furnished by the trustees or managers of the pension scheme pursuant to regulation 5 of, and Schedule 2 to, the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 , or paragraph 2(b) of Schedule 2 to the Personal Pension Schemes (Disclosure of Information) Regulations 1987 , or regulation 4 of the Divorce etc. (Pensions) Regulations 1996 ; and
iv
any other resources (including any resources that he may receive in the foreseeable future such as by way of inheritance), and, where an insurance policy is included, its current surrender value and date of maturity;
g
a concise statement of any loss of widow’s or widower’s pension that would be suffered by either party following a divorce;
h
a concise statement of the present and future reasonable needs of himself and any children of the family;
i
details of the present and proposed educational arrangements for any children of the family;
j
details of any child support maintenance assessment made by the Child Support Agency, or of any agreement for child maintenance made between the parties;
k
a brief description of the standard of living enjoyed by the parties during the marriage;
l
whether either party has made a relevant contribution (within the meaning of section 25(2)(f) of the Act of 1973) and, if so, a concise statement of that contribution;
m
whether the other party’s conduct (financial or otherwise) during the marriage is considered to be relevant, and if so, a concise statement of the issues of conduct relied on;
n
any other circumstances which he considers could significantly affect the extent of financial provision to be made for the applicant or any child of the family.
The statement shall annex only such documents as are necessary to explain or clarify any of the above information.
3
After the filing of the application for ancillary relief but before the first appointment, no discovery of documents shall be sought or given except
a
insofar as documents have been annexed to the statement filed under paragraph (1); or
b
in accordance with paragraph (4) below.
4
Not later than 7 days before the hearing of the first appointment, each party shall file and serve on the other party —
a
a questionnaire setting out any further information sought from the other party;
b
a schedule setting out any documents sought from the other party;
c
a concise statement of the issues between the parties;
d
where an order for ancillary relief is sought that includes provision to be made by virtue of section 25B or 25C of the Act of 1973, confirmation that the trustees or managers of the pension scheme in question have been served and provided with the specified information in accordance with Rule 2.70(4),
and the party who served the notice in Form A in Appendix 1A shall confirm that all relevant persons have been served in accordance with rule 2.59(3) and (4).
The First Appointment
2.74
1
The first appointment shall be conducted with the objective of defining the issues and saving costs and the district judge
a
shall determine
i
the extent to which any questionnaire filed under Rule 2.73 shall be answered, and
ii
what documents requested under Rule 2.73 shall be produced,
and give directions for the production of such further documents as may be necessary;
b
shall give directions as to
i
the valuation of assets (including, where practicable, the joint instruction of independent experts) and
ii
obtaining and exchanging experts’ evidence (including the holding of meetings of experts);
iii
any evidence sought to be adduced by each party and as to any chronologies or schedules to be filed by each party;
c
shall (unless he decides that a referral is not appropriate in the circumstances) direct that the case be referred to a Financial Dispute Resolution (“ FDR ”) appointment;
d
shall, where he decides that a referral to a FDR appointment is not appropriate, direct that
i
a further directions appointment be fixed; or
ii
an appointment be fixed for the making of an interim order;
iii
the case be fixed for final hearing and, where such a direction is given, the district judge shall determine the level of judge before whom the case should be heard; or
iv
the case be adjourned for out-of-court mediation or private negotiation or in exceptional circumstances generally;
e
shall consider whether, having regard to all the circumstances (including the extent to which each party has adhered to the rules), to make an order as to the costs of the hearing;
f
may
i
in a case of urgency, make an interim order;
ii
with the consent of both parties, treat the appointment (or part of it) as a FDR appointment to which Rule 2.75 applies;
iii
in a case where an order for ancillary relief is sought that includes provision to be made by virtue of section 25B or 25C of the Act of 1973, require any party to request a valuation under regulation 4 of the Divorce etc. (Pensions) Regulations 1996 from the trustees or managers of any pension scheme under which the party has, or is likely to have, any benefits.
2
After the first appointment, no party shall be entitled to seek further discovery of documents except in accordance with directions given under paragraph (1)(a) above or with the leave of the court.
3
At any stage —
a
a party may apply for further directions or a FDR appointment;
b
the court may give further directions or direct that the parties attend a FDR appointment.
4
Both parties shall personally attend the appointment unless the court otherwise orders.
The FDR Appointment
2.75
1
The FDR appointment shall be treated as a meeting held for the purposes of conciliation and the following provisions shall apply —
a
the district judge (or judge) hearing the appointment shall have no further involvement with the application, other than to conduct any further FDR appointment;
b
not later than 7 days before the appointment the applicant shall file details of all such offers and proposals and responses to them and, at the conclusion of the appointment, any documents containing the same or referring thereto shall be returned to the applicant or respondent (as the case may be) and not retained on the court file;
c
parties attending the appointment shall use their best endeavours to reach agreement on relevant matters in issue between them;
d
the appointment may be adjourned from time to time, and at the conclusion thereof the court may make such consent order as may be appropriate, but otherwise shall give directions for the future course of the proceedings, including, where appropriate, fixing a final hearing date.
2
Both parties shall personally attend the appointment unless the court otherwise orders.
Costs
2.76
At every court hearing each party shall produce to the court a written estimate of the solicitor and own client costs incurred up to the date of that hearing.
Orders
2.77
1
Not less than 14 days before the date fixed for the final hearing of an application for ancillary relief, the applicant shall (unless the court directs otherwise) file and serve on the other party to the application an open statement which sets out concisely the nature and amount of the orders which he proposes to invite the court to make.
2
Not more than 7 days after service of a statement under paragraph (1) above, the respondent shall file and serve on the applicant an open statement which sets out concisely the nature and amount of the orders which he proposes to invite the court to make.
.
5
After Appendix 1 there shall be inserted, as Appendix 1A, Forms A, B, C, D and E in the Schedule to these Rules.
Miscellaneous amendments
6
The definition of “proper officer” in Rule 1.2(1) shall be amended
a
by substituting, for the words “chief clerk of the family proceedings department”, the words “family proceedings department manager”;
b
by substituting, for the words “chief clerk”, the words “court manager”.
7
Rules 3.13(4) and 7.7(2) shall be amended by substituting, for the words “chief clerk of the family proceedings department”, the words “family proceedings department manager”.
8
Rule 4.23 shall be amended by inserting, after paragraph (2), the following new paragraph —
3
Nothing in this rule shall prevent the disclosure of a document prepared by a guardian ad litem for the purpose of —
a
enabling a person to perform functions required by regulations made under section 41(7);
b
assisting a guardian ad litem or a reporting officer (within the meaning of section 65(1)(b) of the Adoption Act 1976 ) who is appointed under any enactment to perform his functions.
.
Mackay of Clashfern, C.,
Stephen Brown, P.,
Gerald Angel,
Susan P Darwell-Smith,
M B Roddy
Dated 24th March 1997


text:
Citation
1
This Order may be cited as the Berkshire 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 Berkshire Fire Services Combination Scheme, shall have effect.
George Howarth
Parliamentary Under-Secretary of State
Home Office
8th November 1997


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Fertilisers (Amendment) Regulations 1997 and shall come into force on 14th July 1997.
2
In these Regulations “the principal Regulations ” means the Fertilisers Regulations 1991 .
Amendment of the principal Regulations
2
The principal Regulations are hereby further amended in accordance with regulation 3 below.
3
In the table in Schedule 1 —
a
in Group 1(a) of section A (Straight Fertilisers), after the provisions relating to the material Ammonium sulphonitrate with dicyandiamide (nitrification inhibitor), there shall be inserted in columns (2) to (5) the contents of Schedule 1 to these Regulations; and
b
in section E (Secondary Nutrient Fertilisers), after the provisions relating to the material Magnesium sulphate solution, there shall be inserted in columns (2) to (5) the contents of Schedule 2 to these Regulations.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
18th June 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
17th June 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
18th June 1997


text:
1
These Regulations may be cited as the Civil Aviation (Air Travel Organisers' Licensing) (Second Amendment) Regulations 1997 and shall come into force on 31st December 1997.
2
The Civil Aviation (Air Travel Organisers' Licensing) Regulations 1995 , shall be further amended as follows:
1
In regulation 1(2) after the definition of “an ATOL confirmation invoice” there shall be inserted:
“end user” means a person who either makes use of flight accommodation for travel in person or who, without accepting any payment, provides it to another person who uses that flight accommodation for travel in person;
2
In regulation 1(2) in the definition of “flight accommodation” for “the carriage of persons on flights by aircraft” there shall be substituted “the carriage of a person on a flight by an aircraft”.
3
In regulation 1(2) at the end of the definition of flight accommodation the word “and” shall be omitted.
4
In regulation 1(2) after the definition of “flight accommodation” there shall be inserted:
“the specified method” means:
in the case of a document required to be given to a person from whom payment is accepted and who is present, by handing the required document to him in person at the time such payment is made; and
in any other case, by sending the required document by post or by some other means no less expeditious as soon as reasonably practicable and in any event not later than the following working day;
“a ticket provider” means a person who, in respect of the making available of flight accommodation, supplies to the person from whom payment is accepted a valid ticket either before accepting payment or, following acceptance of payment, by the specified method; and
.
5
For regulation 3(1)(e) there shall be substituted:
e
he is acting as a ticket provider.
.
6
For the heading to regulation 4 there shall be substituted:
Provision of flight accommodation, acceptance of payment and provision of receipt
.
7
For regulation 4(3) there shall be substituted:
3
A person acting as a ticket provider shall not make available flight accommodation except to a person who he has reasonable grounds for believing will be the end user of that flight accommodation.
8
Regulation 4(5) shall be omitted.
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
8th December 1997