text:
Part I
Citation, commencement and revocations
1
1
These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 and shall come into force on 31 March 1998.
2
The following Regulations are hereby revoked —
i
The Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations 1982 ;
ii
The Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) (Amendment) Regulations 1984 ;
iii
The Merchant Shipping (Health and Safety: General Duties) Regulations 1984 ;
iv
The Merchant Shipping (Health and Safety: General Duties) (Amendment) Regulations 1988 ;
v
The Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) (Amendment) Regulations 1994 ;
Interpretation
2
1
In these Regulations, except where the context otherwise requires, any reference to —
a
a numbered regulation is a reference to the regulation bearing that number in these Regulations; and
b
a numbered paragraph or subparagraph is a reference to the paragraph or, as the case may be, subparagraph bearing that number in the regulation in which the reference appears.
2
In these Regulations, except where the context otherwise requires —
“ the Act ” means the Merchant Shipping Act 1995;
“the 1996 Act ” means the Employment Rights Act 1996 ;
“ the Code ” means the Code of Safe Working Practices for Merchant Seamen ;
“ Company ”, in relation to a ship to which these Regulations apply, means the owner of the ship or any other organisation or person such as the manager, or bareboat charterer, who has assumed the responsibility for operation of the ship from the owner;
“competent person” means a person who has sufficient training and experience or knowledge and other qualities, to enable him properly to undertake the duty imposed under the relevant provision in these Regulations, and in the case of a safety officer, has in addition a minimum of two years consecutive sea service since attaining the age of 18, which, in the case of a safety officer on board a tanker, shall include at least six months service in such a ship;
“contract of employment” means a contract of employment, whether express or implied, and if express, whether oral or in writing;
“elected representative” means any person elected to represent a group of workers for the purposes of consultation with the employer on health and safety matters under regulation 20;
“employer” means a person by whom a worker is employed under a contract of employment;
“given birth” means delivered a living child or, after twenty-four weeks of pregnancy, a stillborn child;
“health and safety” includes the occupational health and safety of persons whilst on board the ship and whilst boarding or leaving the ship;
“master” includes the skipper of a fishing vessel;
“ Merchant Shipping Notice ” means a Notice described as such and issued by the Marine Safety Agency, an executive agency of the Department of the Environment, Transport and the Regions;
“new or expectant mother” means a worker who is either pregnant, or has given birth within the previous six months, or is breast-feeding;
“public service vessel” means any vessel operated by and on behalf of a public body while it is carrying out the authorised functions of that body;
“relevant inspector” means a person mentioned in paragraphs (a), (b) or (c) of section 258(1) of the Act;
“sail training vessel” means a sailing vessel which is being used either —
to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; or
to provide instruction in navigation and seamanship for yachtsmen;
“sea-going” means operating outside Category A — D waters as defined in Merchant Shipping Notice No. M1504 ;
“trainees and apprentices” does not include persons who are training in a sail training vessel;
“United Kingdom ship” means a ship which —
is a United Kingdom ship within the meaning of section 85(2) of the Act; or
is a Government ship within the meaning of section 308(4) of the Act; or
is a hovercraft registered under the Hovercraft Act 1968 ;
“worker” means any person employed by an employer under a contract of employment, including trainees or apprentices.
3
Subject to paragraph (2), words and expressions used in the Regulations shall have the same meaning as in Council Directive 89/391/ EEC of 12 June 1989 on the introduction of measures to encourage improvements in the health and safety of workers at work .
Application
3
1
These Regulations shall apply to all activities of workers on United Kingdom ships except when —
a
the activity of a worker is on a public service vessel or a vessel engaged in search and rescue; and
b
characteristics of that activity inevitably conflict with a provision of these Regulations,
and in such a case there shall be a duty on the employer so far as is reasonably practicable to ensure the health and safety of the worker when performing that activity.
2
Regulations 1, 2, 3, 28, 29 and 30 shall apply to ships other than United Kingdom ships which are in United Kingdom waters.
3
These Regulations shall not apply to or in relation to the activities of a worker which are covered by the Management of Health and Safety at Work Regulations 1992 .
Part II
General duties
Persons on whom duties are imposed
4
1
It shall be the duty of every —
a
employer; and
b
any other natural or legal person upon whom a duty is imposed by these Regulations,
to comply with the provisions of these Regulations.
2
Where a person in paragraph (1) does not have control of the matter to which the regulation relates because he does not have responsibility for the operation of the ship, then any duty imposed by that regulation shall also extend to any natural or legal person who has control of that matter.
General duties
5
1
The employer shall ensure the health and safety of workers and other persons so far as is reasonably practicable, which duty shall be met by the application of the following principles —
a
the avoidance of risks, which among other things include the combating of risks at source and the replacement of dangerous practices, substances or equipment by non-dangerous or less dangerous practices, substances or equipment;
b
the evaluation of unavoidable risks and the taking of action to reduce them;
c
adoption of work patterns and procedures which take account of the capacity of the individual, especially in respect of the design of the workplace and the choice of work equipment, with a view in particular to alleviating monotonous work and to reducing any consequent adverse effect on workers' health and safety;
d
adaptation of procedures to take account of new technology and other changes in working practices, equipment, the working environment and any other factors which may affect health and safety;
e
adoption of a coherent approach to management of the vessel or undertaking, taking account of health and safety at every level of the organisation;
f
giving collective protective measures priority over individual protective measures; and
g
the provision of appropriate and relevant information and instruction for workers.
2
Without prejudice to the generality of the duties under paragraph (1), the matters to which those duties extend shall include in particular —
a
provision and maintenance of plant, machinery and equipment and systems of work that are, so far as is reasonably practicable, safe and without risk to health;
b
arrangements for ensuring, so far as is reasonably practicable, safety and absence of risk to health in connection with the use, handling, stowage and transport of articles and substances;
c
such arrangements as are appropriate, having regard to the nature of, and the substances used in, the activities and and size of the operation, for the effective planning, organisation, control, monitoring and review of preventive and protective measures;
d
provision of such information, instruction, training and supervision as is necessary to ensure the health and safety of workers and that of other persons aboard ship who may be affected by their acts or omissions;
e
maintenance of all places of work in the ship in a condition that is, so far as is reasonably practicable, safe and without risk to health;
f
arrangements to ensure, so far as is reasonably practicable, that no person has access to any area of the ship to which it is necessary to restrict access on grounds of health and safety unless the individual concerned has received adequate and appropriate health and safety instruction;
g
provision and maintenance of an environment for persons aboard ship that is, so far as is reasonably practicable, safe and without risk to health;
h
collaboration with any other persons covered by regulation 4 to protect, so far as is reasonably practicable, the health and safety of all authorised persons aboard the ship or engaged in loading or unloading activities in relation to that ship.
Health and safety policy
6
1
Subject to paragraph (2), a written statement shall be prepared and, as often as may be appropriate, revised, of the employer’s general policy with respect to health and safety and the organisation and arrangements for the time being in force for carrying out that policy, and this and any revisions to it shall be brought to the notice of the workers.
2
The written statement referred to in paragraph (1) shall not apply where five or less workers in aggregate are employed by the same employer, or by associated employers, in a United Kingdom ship.
3
For the purposes of this regulation associated employers shall be interpreted in accordance with section 231 of the 1996 Act.
Risk assessment
7
1
A suitable and sufficient assessment shall be made of the risks of the health and safety of workers arising in the normal course of their activities or duties, for the purpose of identifying —
a
groups of workers at particular risk in the performance of their duties; and
b
the measures to be taken to comply with the employer’s duties under these Regulations,
and any significant findings of the assessment and any revision of it shall be brought to the notice of workers.
2
This assessment shall extend to the risks to the health and safety of other persons on board ship in so far as they may be affected by the acts and omissions of the employer.
3
The assessment referred to in paragraphs (1) and (2) shall be reviewed if —
a
there is reason to suspect that it is no longer valid; or
b
there has been a significant change in the matters to which it relates,
and where such a review identifies a need for any changes to procedures or practices, those changes shall be made.
4
Every employer and every self-employed person on board ship shall inform the Company of any relevant risks to health and safety arising out of or in connection with the conduct of his own undertaking.
5
Measures shall be taken, and if necessary protective equipment supplied, to ensure an improvement in the health and safety of workers and other persons in respect of those risks identified.
6
Workers shall be informed of the measures taken for their protection.
New or expectant mothers
8
1
Where —
a
the workers include women with potential for child-bearing; and
b
the work is of a kind which could involve risk, by reason of her condition, to the health and safety of a new or expectant mother, or to that of her baby, from any process or working conditions, or physical, biological or chemical agents, including those specified in Annexes I and II of Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the health and safety at work of pregnant workers who have recently given birth or are breast-feeding ,
the assessment required by regulation 7(1) shall include the assessment of such risk.
2
Where, in the case of an individual worker, any other action required to be taken by the employer under these Regulations would not avoid the risk referred to in paragraph (1), if it is reasonable to do so, and would avoid such risk, her working conditions or hours of work shall be altered.
3
If it is not reasonable to alter the working conditions or hours of work, or if it would not avoid such risk, the employer shall, without prejudice to the rights of an employee under sections 66 to 68 of the 1996 Act, suspend the worker from work for so long as is necessary to avoid such risk.
4
In paragraphs (1) to (3) references to risk, in relation to risk from any infectious or contagious disease are references to a level of risk at work which is in addition to the level to which a new or expectant mother may be expected to be exposed outside the workplace.
Night work
9
1
Where —
a
a new or expectant mother works at night; and
b
a certificate from a registered medical practitioner or registered midwife shows that it is necessary for her health or safety that she should not be at work for any period of such work identified in the certificate,
the worker shall be offered suitable alternative daytime work, if any is available.
2
Subject to paragraph (1), where no such alternative daytime work is available the worker shall, without prejudice to the rights of an employee under sections 66 to 68 of the 1996 Act, be suspended from her work for so long as is necessary for her health or safety.
Notification of pregnancy
10
1
Nothing in paragraphs (2) or (3) of regulation 8 shall require any action to be taken in relation to a worker until she has notified the employer or the Company, as the case may be, in writing that she is pregnant, has given birth within the previous six months or is breast-feeding.
2
Nothing in paragraph (2) or (3) of regulation 8 or in regulation 9 shall require action to be maintained in relation to a worker —
a
in a case —
i
to which regulation 8(2) or (3) relates, and
ii
where the worker has notified her employer that she is pregnant,
where she has failed, within a reasonable time of being requested to do so in writing by her employer, to produce for the employer’s inspection a certificate from a registered medical practitioner or a registered midwife showing that she is pregnant;
b
once the employer knows that she is no longer a new or expectant mother; or
c
if the employer cannot establish whether she remains a new or expectant mother.
Health surveillance
11
Workers shall be provided with such health surveillance as is appropriate having regard to the risks to their health and safety which are identified by the assessment undertaken in accordance with regulation 7.
Capabilities and training
12
1
In entrusting tasks to workers, account shall be taken of their capabilities as regards health and safety.
2
Workers shall be provided with adequate and appropriate health and safety training and instruction —
a
before being assigned to shipboard duties;
b
on their being exposed to new or increased risks because of —
i
being transferred or given a change of responsibilities,
ii
the introduction of new equipment or a change to equipment already in use,
iii
the introduction of new technology, or
iv
the introduction of new shipboard practices, a new system of work or a change to a system of work already in use.
3
The training referred to in paragraph (2) shall —
a
be repeated periodically where appropriate;
b
be adapted to take account of any new or changed risks to the health or safety of the workers concerned; and
c
take place during the working hours of the worker concerned.
4
Every person carrying on the activity of an employment agency whose employee is to carry out work aboard a ship to which these Regulations apply shall be provided by the Company with information on —
a
any special occupational qualifications required by workers to carry out their work safely;
b
the specific features of the jobs to be filled by those workers (in so far as those features are likely to affect their health and safety); and
c
any health surveillance required to be provided to workers under these or other relevant regulations,
and the employment agency concerned shall ensure that the information so provided is given to the said workers.
Part III
Duties of the Company
Co-ordination
13
Where there are workers on board a United Kingdom ship not employed by the Company, the Company shall —
a
consult every other employer of those workers regarding the arrangements for health and safety required under regulation 5(2)(c);
b
co-ordinate arrangements for the protection of all workers and the prevention of risk to their health and safety; and
c
ensure that all workers are informed of the significant and relevant findings of the risk assessment carried out under regulation 7, and of the arrangements for their protection referred to in sub-paragraph (b).
Part IV
Special responsibility for health and safety and consultation with workers
Protective and preventive services
14
1
One or more competent persons shall be appointed by the employer in order to provide such protective and preventive services for the undertaking as are necessary to enable him to comply with the requirements of these Regulations.
2
Where there is no competent person available within the undertaking, the employer shall employ an external person who is a competent person.
3
If he is a competent person, the employer may appoint himself to undertake the responsibilities specified in paragraph (1).
4
The number of persons appointed under paragraph (1) shall be sufficient in number to carry out the requirements of these Regulations, and the appropriate persons shall have the necessary time, resources and means, to carry out their duties.
Appointment of safety officers
15
1
This regulation and regulations 16 to 18 below apply to sea-going ships in which more than five workers are employed, other than fishing vessels.
2
In every ship to which this regulation applies, the Company shall appoint a competent person as safety officer.
3
The Secretary of State may grant exemptions from the provisions in paragraphs (1) and (2) for classes of cases or individual cases on such terms (if any) as he may specify in the exemption and may, subject to giving reasonable notice, alter or cancel any such exemption.
Duties of safety officers
16
1
Subject to paragraph (2), it shall be the duty of the safety officer to use his best endeavours to —
a
improve the standard of safety consciousness among the crew and ensure that the provisions of the Code and safety instructions, rules and guidance for the ship relating to health and safety are complied with;
b
investigate, so far as is reasonably practicable,
i
every accident involving death, major or serious injury and every dangerous occurrence as defined in the Merchant Shipping (Accident Investigation and Reporting) Regulations 1994 ,
ii
all potential hazards to health and safety, and
iii
all reasonable complaints by workers about health and safety,
and making recommendations to the master to prevent the recurrence of such an accident or to remove any hazard, provided that the duty to investigate shall not extend to accidents arising from a casualty to the ship;
c
ensure that health and safety inspections of each accessible part of the ship are carried out at least once every three months and more frequently if there have been substantial changes in the conditions of work;
d
make representations and, where appropriate, recommendations to the master, about any deficiency in the ship in respect of —
i
any legislative requirement relating to health and safety,
ii
any relevant Merchant Shipping Notice, or
iii
any provision of the Code,
and also suggest whether those representations and recommendations should be passed by the master on to the employer or other person who has control of the matter;
e
maintain a record of every accident involving death, major or serious injury and every dangerous occurrence, and make it available on request to any elected representative, to the master and to any person duly authorised by the Secretary of State;
f
stop any work which he observes in progress and reasonably believes may cause a serious accident, and immediately inform the master or the master’s deputy who shall decide when work can safety be resumed.
2
Nothing in this regulation shall require a safety officer to take any action at a time when emergency action to safeguard life or the ship is being taken.
Election of safety representatives and safety committees
17
1
In every ship to which this regulation applies, and where there is no existing arrangement under the Safety Representatives and Safety Committee Regulations 1977 the Company shall make rules for the election and appointment of safety representatives.
2
In every election for a safety representative the candidate receiving most votes shall be elected, provided that no safety representative shall be appointed who has less than two years' consecutive sea service since attaining the age of 18, which in the case of a safety representative on board a tanker shall include at least six months' service in such a ship.
3
The appointment of a safety representative shall terminate —
a
on that person ceasing to be employed in the ship; or
b
from the date on which that person resigns from that position or on which another duly elected person is elected in his place.
4
In all ships where a safety representative is elected, the Company shall appoint a safety committee which shall include the master as chairman, the safety officer and every safety representative, and may also include any other person appointed under regulation 14(1).
5
The appointment of every person under regulations 14(1), 15(2) and 17(1) and the appointment of any of those persons onto a safety committee shall be recorded in writing.
Powers of safety representatives and safety committees
18
Safety representatives and safety committees may —
a
participate, subject to the concurrence of the safety officer, in any of the investigations or inspections carried out by the safety officer under regulation 16, or after notification to the master or his deputy, undertake similar investigations or inspections themselves, whether or not such investigations or inspections have already been carried out by the safety officer;
b
make representations to the employer on potential hazards and dangerous occurrences at the workplace which affect, or could affect, workers on the ship;
c
make representations to the master and the employer on general matters affecting the health and safety of workers on the ship and, in particular, on such matters as those on which the employer carries out consultation under regulation 20;
d
request the safety officer to carry out any occupational health and safety inspection they consider necessary and to report the findings to them.
Duties of the Company and master
19
1
It shall be the duty of the Company and master, in co-ordination with the employer, to facilitate the work of any person appointed under regulations 14(1), 15(2) and 17(1) in carrying out their health and safety functions, and in particular to —
a
provide for use by them a copy of the Code (where appropriate), and access to any necessary information, documents and similar material including relevant legislation and Merchant Shipping Notices;
b
provide them with relevant information about —
i
the risks and measures for protection identified under regulation 7,
ii
factors known, or suspected, by them to affect the health and safety of the workers on board the ship, and
iii
arrangements for fire-fighting, first aid and other emergency procedures;
c
ensure that those persons have the necessary resources and means to carry out their functions and duties;
d
allow any of those persons such absence from ship duties without loss of pay as may be necessary to enable them to fulfil their functions, or to undertake any necessary training in health and safety matters;
e
receive at any reasonable time, representations about health and safety from the safety officer, safety representatives or the safety committee, discuss their representations with them and implement any agreed measures as soon as may be reasonable and practicable.
2
Where no safety officer is appointed under regulation 15, the Company shall maintain a record of every accident involving death, major or serious injury, and every dangerous occurrence and make it available on request to any worker and any person duly authorised by the Secretary of State.
Consultation with workers
20
1
Workers or their elected representatives shall be consulted in advance and in good time by the employer, and in the case of sub-paragraphs (c) and (d) where applicable by the Company, on all matters relating to their health and safety, and in particular on —
a
the arrangements for appointing a competent person under regulation 14 to provide protective and preventive services for the undertaking;
b
the findings of the risk assessment;
c
arrangements for health and safety training under regulation 12;
d
the introduction of new technology.
2
Employers shall allow workers or their elected representatives to make representations about health and safety, and shall implement any agreed measures as soon as may be reasonable and practicable.
3
Workers or their elected representatives shall be given access by the employer and, where applicable by the Company, to any relevant information about —
a
health and safety matters from inspection agencies and health and safety authorities; and
b
every accident involving death, major or serious injury, and every dangerous occurrence.
4
Elected representatives shall be given adequate time off work without loss of pay in order to exercise their rights and functions under this regulation, and shall be provided with appropriate training.
5
Workers or their elected representatives shall not be placed at a disadvantage (whether economic or otherwise) because of their activities under this regulation.
Part V
General duties of workers
General duties of workers
21
1
It shall be the duty of every worker aboard a ship to which these Regulations apply —
a
to take reasonable care for the health and safety of himself and of any other person aboard ship who may be affected by his acts or omissions; and
b
as regards any duty or requirement imposed on the Company, his employer or any other person by these Regulations and the Act or any regulation or rule made thereunder, with regard to health and safety, to co-operate with that person so far as is necessary to enable that duty or requirement to be performed or complied with.
2
No worker shall —
a
use any machinery, equipment, dangerous substance, transport equipment, means of production or safety device provided by his employer or the Company other than in accordance with any relevant training or instructions which have been received or provided by the employer or the Company in compliance with these Regulations; or
b
disconnect, change or remove or otherwise interfere with any safety device provided by the employer or the Company.
3
Every worker shall immediately inform the master or the safety officer or another competent person appointed under regulation 14(1) of any matter which may reasonably be considered to represent a deficiency in the Company’s protection arrangements for the health and safety of persons on board the ship.
4
Every worker shall immediately inform his employer, the safety officer or other competent person —
a
of any work situation which he reasonably considers to represent a serious and immediate danger to health and safety; and
b
of any matter which he reasonably considers to represent a deficiency in the employer’s protection arrangements for health and safety.
Part VI
Prohibitions, penalties, inspections and detentions
Prohibition on levy
22
No charge in respect of anything done or provided in pursuance of any specific requirement of these Regulations shall be levied or permitted to be levied on any worker.
Duty not to interfere with or misuse certain things
23
No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health and safety aboard a United Kingdom ship in pursuance of these Regulations or the Act or any regulation or rule made thereunder.
Penalties
24
1
Any contravention of regulation 5 of these Regulations shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum or, on conviction on indictment, by imprisonment for a term not exceeding two years or a fine, or both.
2
Any contravention of regulation 14 shall be guilty of an offence punishable on summary conviction of a fine not exceeding level 5 on the standard scale.
3
Any contravention of regulation 6, 7, 16, 17, 20 or 21 of these Regulations shall be an offence punishable on summary conviction by a fine not exceeding level 4 on the standard scale.
4
Any contravention of regulation 8, 9, 11, 12, 13, 22 or 23 of these Regulations shall be an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale.
5
a
Any Company which —
i
fails to appoint a safety officer in accordance with regulation 15, or
ii
fails to carry out any of the duties specified in regulation 19,
shall be guilty of an offence punishable on summary conviction of a fine not exceeding level 5 on the standard scale.
b
Any master who fails to carry out any of the duties specified in regulation 19 shall be guilty of an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale.
Offences by body corporate
25
1
Where a body corporate is guilty of an offence under any of these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the preceding paragraph shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Onus of proving what is reasonably practicable
26
In any proceedings for an offence under any of these Regulations consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the defendant to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement.
Inspection and detention of a United Kingdom Ship
27
A relevant inspector may inspect any United Kingdom ship and if he is satisfied that there has been a failure to comply in relation to that ship with the requirements of these Regulations may detain the ship until the health and safety of all workers and other persons aboard ship is secured, but shall not in the exercise of these powers detain or delay the ship unreasonably.
Inspection and detention and other measures in respect of ships registered outside the United Kingdom
28
1
A relevant inspector may inspect any ship which is not a United Kingdom ship when the ship is in a United Kingdom port, and if satisfied that the ship does not conform to the standards required of United Kingdom ships by these Regulations, may —
a
send a report to the government of the country in which the ship is registered, and a copy thereof to the Director General of the International Labour Office; and
b
where conditions on board are clearly hazardous to health and safety —
i
take such measures as are necessary to rectify those conditions, or
ii
detain the ship,
provided that the measures specified in sub-paragraph (a) and (b) may be taken only when the ship has called at a United Kingdom port in the normal course of business for operational reasons.
2
If either of the measures specified in paragraphs (1)(b) are taken, the relevant inspector shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.
3
The relevant inspector shall not in exercise of his power under this regulation detain or delay the ship unreasonably.
Enforcement of detention
29
Where a ship is liable to be detained under these Regulations, section 284(1) to (5) and (8) of the Act (which relates to the detention of the ship) shall apply as if for the words “this Act”, wherever they appear, there were substituted “the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997”.
Compensation
30
Sections 96 and 97 of the Act (Arbitration and Compensation) shall apply in relation to a detention notice or order under these Regulations as they apply to a detention notice under section 95(3) of the Act, and in such application, “relevant inspector” means a person making an inspection under these Regulations.
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
13th December 1997


type: legislation

jurisdiction: UK

text:
1
These Rules may be cited as the County Court (Amendment) Rules 1997.
2
In these Rules, unless the context otherwise requires, an Order referred to by number means the Order so numbered in the County Court Rules 1981 .
3
The definition of “proper officer” in Order 1, rule 3 shall be amended —
a
by substituting, for the words “chief clerk”, the words “court manager”, and
b
by substituting, for sub-paragraph (b)(iv), the following
iv
Order 25, rules 2, 3(1), 8 and 12,
.
4
Order 22, rule 8(3) and Order 39, rule 13(1) shall be amended by substituting, for the words “chief clerk”, the words “court manager”.
5
Order 25, rule 3(1) shall be amended —
a
by substituting, for the words “the appropriate court”, the words “the proper officer of the appropriate court”, and
b
by substituting, for the words “the registrar or such other officer of the court not below the rank of higher executive officer as the court may appoint”, the words “the proper officer”.
Housing Act 1996
6
After Order 43, rule 16 , there shall be inserted the following new rule —
Transfer to leasehold valuation tribunal
16A
Where a question arising in proceedings is ordered to be transferred to a leasehold valuation tribunal for determination under section 31C of the Landlord and Tenant Act 1985 , the proper officer shall —
a
send notice of the transfer to all parties to the proceedings, and
b
send to the leasehold valuation tribunal copies certified by the district judge of all entries in the records of the court relating to the question, together with the order of transfer and all documents filed in the proceedings which relate to the question.
.
7
1
Order 49, rule 6A(3)(c)(iii) shall be amended by substituting, for the words “conditions mentioned in section”, the words “conditions provided by section 19A or section”.
2
Order 49, rule 6A(3)(d), (6)(d), (7)(ii), (9)(d), (10)(e) and (16)(a) shall be amended by inserting at the beginning the words “where the tenancy and any agreement for the tenancy were entered into before 28th February 1997,”.
3
For Order 49, rule 6A(10)(b)(iii), there shall be substituted the following —
iii
where it is the subject of an oral agreement, that the tenancy is periodic.
.
8
After Order 49, rule 6A, there shall be inserted the following new rule —
Housing Act 1996 : injunctions and powers of arrest
6B
1
An application for an injunction under section 152 of the Housing Act 1996 may be made by originating application in the appropriate prescribed form and shall be commenced in the court for the district in which the respondent resides or the conduct complained of occurred.
2
Every application shall —
a
state the terms of the injunction applied for; and
b
be supported by an affidavit in which the grounds on which the application is made are set out.
3
Every application made on notice must be served, together with a copy of the affidavit, by the applicant on the respondent personally not less than 2 days before the date on which the application will be heard.
4
Where an application is made without giving notice, the affidavit in support shall explain why notice was not given and the application and affidavit shall be served (with a copy of any order made by the court), on the respondent personally without delay.
5
Unless otherwise directed, every application made on notice shall be heard in open court.
6
Where in exercise of the powers conferred by section 152(6) or 153(1) of the Housing Act 1996, a power of arrest is attached to any provision of an injunction (“a relevant provision)” —
a
each relevant provision shall be set out in a separate clause of the injunction and no such clause shall refer to any form of conduct which would not entitle a constable to arrest the respondent under paragraph (a), (b) or (c) of section 152(1) or under paragraph (a), (b) or (c) of section 153(5) of the Housing Act 1996; and
b
the applicant shall deliver a copy of the relevant provisions to the police officer for the time being in charge of any police station for the area where the conduct occurred.
7
Where an order is made varying or discharging any relevant provision of an injunction to which a power of arrest has been attached, the proper officer shall —
a
immediately inform the police officer for the time being in charge of the police station to which a copy of the relevant provisions was delivered under paragraph (6); and
b
deliver a copy of the order to any police officer so informed.
8
The judge before whom a person is brought following his arrest may adjourn the proceedings and, where such an order is made, the arrested person shall be released and —
a
be dealt with (whether by the same or another judge) within 14 days of the day on which he was arrested; and
b
be given not less than 2 days' notice of the adjourned hearing.
Nothing in this paragraph shall prevent the issue of a notice under Order 29, rule 1(4) if the arrested person is not dealt with within the period mentioned in sub-paragraph (a).
9
In relation to a person who is in custody under such an order and warrant of a county court, Order 29, rule 3, shall have effect as if the order and warrant were issued at the instance of the person who made the application.
10
Order 29, rule 1 shall apply where an application is made to commit a person —
a
for breach of an injunction granted, or
b
arrested under a power of arrest attached to an injunction,
under Chapter III of part V of the Housing Act 1996 as if references in that rule to the judge included references to a district judge.
11
In paragraph (8) “arrest” means the arrest of a person pursuant to a power of arrest which, in exercise of the powers conferred by section 152(6) or 153(1) of the Housing Act 1996, has been attached to an injunction.
12
The jurisdiction of the court under sections 152 to 157 of the Housing Act 1996 may be exercised by a district judge.
.
Business List: service out of England and Wales
9
After Order 48C , rule 7, there shall be inserted the following new rule —
Service out of England and Wales
7A
Order 8 shall apply where, in proceedings which are included or are to be included in the business list, service is to be effected out of England and Wales as if, for rule 2(1)(d), there were substituted the following —
d
the claim is brought to enforce, rescind, dissolve, annul or otherwise affect a contract, or to recover damages or obtain other relief in respect of the breach of a contract, being (in either case) a contract which —
i
was made within England and Wales, or
ii
was made by or through an agent trading or residing within England and Wales on behalf of a principal trading or residing out of England and Wales, or
iii
is by its terms, or by implication, governed by English law, or
iv
contains a term to the effect that a court in England and Wales shall have jurisdiction to hear and determine any action in respect of the contract;
dd
the claim is brought in respect of a breach committed within England and Wales of a contract made within or out of England and Wales, and, irrespective of the fact, if such be the case, that the breach was preceded or accompanied by a breach committed out of England and Wales that rendered impossible the performance of so much of the contract as ought to have been performed within England and Wales;
.
.
10
Order 42, rule 5(3) shall be amended by substituting, for the words “Order 9, rule 6(1)(a)”, the words “Order 9, rule 6(1)”.
The undersigned members of the Rule Committee, appointed by the Lord Chancellor under section 75 of the County Courts Act 1984 , having made these Rules, certify them and submit them to the Lord Chancellor.
Frank J. White
Neil Butter
Helen Paling
Hugh Jones
R. Winstanley
Margaret Wilby
W. A. Vincent
Henrietta Manners
E. C. Gee
I allow these Rules, which shall come into force on 1st September 1997.
Irvine of Lairg , C.
28th July 1997


text:
1
1
This Order may be cited as the Combined Probation Areas (Cleveland — Teesside) Order 1997.
2
This Order shall come into force on 1st March 1997.
2
For the reference to Cleveland as a probation area in Schedule 2 to the Combined Probation Areas Order 1986 there shall be substituted a reference to Teesside.
Blatch
Minister of State
Home Office
22nd February 1997


text:
Citation and commencement
1
1
This Order may be cited as the Housing (Fire Safety in Houses in Multiple Occupation) Order 1997.
2
Article 4 of this Order shall come into force:
a
in relation to houses in multiple occupation with four storeys or more on 30th September 1998;
b
in relation to houses in multiple occupation with three storeys except those where the living accommodation consists entirely of self-contained flats on 30th September 1999; and
c
in relation to houses in multiple occupation with three storeys consisting of self-contained flats on 29th February 2000.
3
For all other purposes, this Order shall come into force on 3rd March 1997.
4
The Housing (Means of Escape from Fire in Houses in Multiple Occupation) Order 1981 (“the 1981 Order ”) is hereby revoked, subject to the provisions of paragraph (5).
5
The 1981 Order shall remain in force in relation to the houses described in paragraph (2) and which do not fall within article 4(2) until the dates that this Order comes into force in relation to those houses.
Interpretation
2
For the purposes of this Order:
“flat” means any part of a building which was originally constructed or subsequently adapted for occupation by a single household and “self-contained” means that the flat has for the exclusive use of its occupants the facilities mentioned in section 352(1A)(a) to (c) of the Housing Act 1985 ;
“responsible person” means “the person having control” or “the person managing” which have the same meaning as in section 398 of the Housing Act 1985 ; and
“storey” excludes any storey lying wholly or mainly below the floor level of the principal entrance to the house.
Description of Houses — Consultation Requirements
3
1
The houses described in paragraph (2) of this article are those specified for the purposes of section 365(3) of the Housing Act 1985.
2
The houses referred to in the foregoing paragraph are:
a
any house used as a children’s home or community home which is registered or provided under the Children Act 1989 ;
b
any house registered under the Registered Homes Act 1984 ;
c
any house of which a health service body as defined in section 519A of the Income and Corporation Taxes Act 1988 is the responsible person;
d
any house of which the responsible person is —
i
a university or other institution within the higher education sector within the meaning given by section 91(5) of the Further and Higher Education Act 1992 or a college or institution in the nature of a college in such a university or other institution;
ii
an institution within the further education sector within the meaning given by section 91(3) of that Act; or
iii
an institution which provides a course qualifying for funding under Part I of the Education Act 1994 ;
e
any house approved by the Secretary of State under section 27 of the Probation Services Act 1993 ; and
f
any house or part of a house in respect of which a valid fire certificate issued under section 1 of the Fire Precautions Act 1971 is in force.
Description of Houses — Exercise of Powers
4
1
The houses specified for the purposes of section 365(2) of the Housing Act 1985 are those which:
a
comprise at least three storeys; and
b
are not described in paragraph (2) below.
2
The houses referred to in the foregoing paragraph (1)(b) are:
a
any house or part of a house described in article 3(2);
b
any house in which the local housing authority has an interest, whether freehold or leasehold;
c
any house subject to a control order made under section 379 of the Housing Act 1985;
d
any house occupied by persons who form only two households;
e
any house occupied by no more than four persons;
f
any house occupied by no more than three persons in addition to a responsible person and any other member of his household;
g
any house where the living accommodation consists entirely of self-contained flats and either:
i
at least one third of the flats are either —
a
let on leases of more than 21 years and wholly occupied by the lessees and their households; or
b
wholly occupied by any freeholder of the house and his household; or
ii
when the flats were created —
aa
the building was required to comply with the requirements relevant to fire safety contained in the Building Regulations 1985 or regulations made subsequently under section 1(1) of the Building Act 1984 ,
bb
a building notice had been given to, or full plans deposited with, a local authority, or an initial notice or a public body’s notice had been given in accordance with sections 47(1) and 54(1) respectively of the Building Act 1984, and
cc
the building work in respect of the creation of the flats was carried out in accordance with any such notice or plans, whether with or without any departure from them; and
h
any house of which a responsible person is a social landlord registered in accordance with Part I of the Housing Act 1996 ;
Signed by authority of the Secretary of State
James Clappison
Minister of State,
Department of the Environment
3rd February 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
4th February 1997


text:
Citation, operation and extent
1
1
These Regulations may be cited as the Education (Fees and Awards) Regulations 1997 and shall come into force on 1st September 1997.
2
These Regulations do not extend to Scotland.
Interpretation
2
1
In these Regulations —
“award” means a fees award or a maintenance award or both as the context may require;
“education” includes post-graduate research otherwise than in the course of employment;
“education authority” means a local education authority;
“employment” means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and “employed” shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding of any office and to any occupation for gain;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA migrant worker” has the meaning assigned to it in paragraph (6);
“European Economic Area” means the area comprised by the member States of the European Community (including the United Kingdom) as constituted from time to time and, subject to the conditions laid down in the EEA Agreement, by the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein;
“fees” includes charges however described;
“fees award” means an award in respect only of any fees payable by the person other than any element of those fees representing or attributable to charges for his maintenance;
“the Islands” means the Channel Islands and the Isle of Man;
“maintenance award” means any award other than a fees award;
“national of a member State of the European Community” means a person who is a national for the purposes of the Community Treaties of any member State of the European Community (including the United Kingdom) as constituted from time to time;
“refugee” means a person who is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child;
“relevant date” has the meaning assigned to it in regulation 4, 5, 6 or 7.
2
For the purposes of these Regulations an area which —
a
was not part of the area comprised by the member States of the European Community or by the European Economic Area, but
b
at any time before or after these Regulations come into force has become part of one or other or both of those areas
shall be considered to have always been part of the European Economic Area.
3
Notwithstanding section 11 of the Interpretation Act 1978 section 3(2) of the Education (Fees and Awards) Act 1983 (references to the United Kingdom to include references to the Islands) shall not apply for the purposes of the interpretation of these Regulations.
4
For the purposes of these Regulations a person shall be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom, the United Kingdom and Islands or the European Economic Area, if he would have been so resident at the relevant time but for the fact that he, his spouse, his parent, guardian, any other person having parental responsibility for him, or any person having care of him while he is a child, is or was temporarily employed outside the area in question.
5
For the purposes of regulations 6 and 7 a person shall be treated as ordinarily resident in the areas referred to in paragraph (4) if he would have been so resident at the relevant time but for the fact that he or his spouse was temporarily receiving full-time education outside the area in question.
6
In these Regulations a reference to an EEA migrant worker is a reference to a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom —
a
under Council Regulation ( EEC ) No. 1612/68 on freedom of movement for workers within the Community, as extended by the EEA Agreement ; or
b
in circumstances were as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of the above mentioned Council Regulation.
7
In these Regulations, unless the context otherwise requires, a reference to a regulation or Schedule is a reference to a regulation of these Regulations or to a Schedule thereto, a reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule and a reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.
Lawful acts
3
1
Nothing in these Regulations shall be construed as rendering unlawful any discrimination arising from the remission in whole or in part of any fee (on grounds of financial hardship or otherwise) if it would have been lawful had these Regulations not been made.
2
Nothing in these Regulations shall be construed as rendering unlawful any discrimination arising from any rule of eligibility for an award if it would have been lawful had these Regulations not been made.
Fee charging
4
1
It shall be lawful for the institutions referred to in paragraph (2) to charge higher fees of the type mentioned in paragraph (3) in the case of a person who is not mentioned in the Schedule than in the case of a person who is so mentioned.
2
The institutions referred to in paragraph (1) are institutions —
a
within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992 , including a constituent college, school or hall of such an institution;
b
within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992;
c
maintained by an education authority; and
d
eligible for funding under Part I of the Education Act 1994 .
3
The fees referred to in paragraph (1) are:
a
any fees for admission, registration or matriculation (including matriculation exemption);
b
any sessional or tuition fees;
c
any composition fee; and
d
any graduation fee
in each case excluding any element thereof representing or attributable to such fees as are mentioned in paragraph (4).
4
The fees referred to in paragraph (3) are:
a
college fees or dues at the University of Oxford, at the University of Cambridge or at St Chad’s, St John’s or Ushaw College of the University of Durham;
b
any fees charged by an external body in respect of examinations or validation of a course or otherwise charged by such a body whose requirements must (for the purposes of the course) be met; and
c
charges for board and lodging.
5
For the purposes of this regulation fees shall be considered to be charged on the last date or dates on which they are required to be paid by the person, and not on the date or dates on which he enters an agreement to pay them, or on which he receives an account in respect of them.
6
For the purposes of the application of this regulation a reference in the Schedule to “relevant date” is a reference to the 1st September, 1st January or 1st April closest to the beginning of the first term of the person’s course.
Awards by education authorities
5
1
It shall be lawful for an education authority to adopt rules of eligibility for awards under section 1(6) or 2 of the Education Act 1962 which confine eligibility —
a
in the case of fees awards to the persons mentioned in paragraphs 1, 2, 5, 6, 7 and 8 of the Schedule; and
b
in the case of maintenance awards to the persons mentioned in paragraphs 1, 2, 6, 7 and 8 of the Schedule.
2
It shall also be lawful for an education authority to adopt rules of eligibility which confine eligibility to the persons who would be mentioned in paragraph (1) if the references to paragraph 2 of the Schedule were deleted, or if regulation 2(4) did not apply to the interpretation of the Schedule.
3
For the purposes of the application of this regulation a reference in the Schedule to “relevant date” is a reference to the 1st September, 1st January or 1st April closest to the beginning of the first term of the person’s course.
Awards by research councils and others
6
1
It shall be lawful for a body or institution mentioned in paragraph (3) to adopt rules of eligibility for awards (however described) in connection with courses of education or training in connection with the undertaking of research which confine eligibility —
a
in the case of fees awards to —
i
the persons mentioned in paragraphs 1, 2, 5, 6, 7 and 8 of the Schedule, or
ii
the persons who would be mentioned in sub-paragraph (i) if references to the United Kingdom and Islands in paragraph 9 of the Schedule were references to Great Britain, or
iii
the persons mentioned in sub-paragraph (i) excepting persons mentioned in paragraph 1 of the Schedule who are not ordinarily resident in Great Britain, in England and Wales or in England, as the maker of the awards has determined, on the relevant date, or who cannot satisfy the maker of the awards that they will be so resident on the 30th June next following that date, or
iv
the persons who are mentioned in sub-paragraph (ii) excepting persons mentioned in paragraph 1 of the Schedule who are not ordinarily resident in England and Wales, or in England, as the maker of the awards has determined, on the relevant date, or who cannot satisfy the maker of the awards that they will be so resident on the 30th June next following that date;
b
in the case of maintenance awards to the persons who would be mentioned in paragraph (a) if the references to paragraph 5 of the Schedule were deleted.
2
It shall also be lawful for a body or an institution to adopt rules of eligibility which confine eligibility to the persons who would be mentioned in paragraph (1) if the references to paragraph 2 of the Schedule were deleted or if regulation 2(4) and (5) did not apply to the interpretation of this regulation and the Schedule.
3
The bodies and institutions referred to in paragraph (1) are —
a
the following research councils —
Biotechnology and Biological Sciences Research Council,
Economic and Social Research Council,
Engineering and Physical Sciences Research Council,
Medical Research Council,
Natural Environment Research Council,
Particle Physics and Astronomy Research Council;
b
the following institutions —
the British Academy,
the British Museum (Natural History),
the Royal Academy of Engineering,
the Royal Society;
c
the following further education establishments —
Coleg Harlech, Gwynedd,
Co-operative College, Loughborough,
Fircroft College, Birmingham,
Hillcroft College, Surbiton,
Northern College, Nr. Barnsley,
Plater College, Oxford,
Royal College of Art, London,
Ruskin College, Oxford,
the National Film and Television School, Beaconsfield.
4
A reference to “relevant date” in this regulation, and for the purposes of the application of this regulation in the Schedule, is a reference to the date of the application for an award.
5
Where rules of eligibility confine awards to persons who are or will be ordinarily resident in part only of the United Kingdom and Islands a person who is ordinarily resident in some other part of the United Kingdom and Islands on the relevant date shall not for the purposes of this regulation be considered to fall within paragraph 5 of the Schedule.
6
The maker of awards may adopt different eligibility rules falling within paragraph (1) or (2) for different classes or descriptions of awards.
Postgraduate agricultural studentships
7
1
It shall be lawful for the Minister for Agriculture, Fisheries and Food or the Secretary of State for Wales to adopt rules of eligibility for awards made by him under section 2(3) of the Board of Agriculture Act 1889 which confine eligibility —
a
in the case of fees awards to the persons who —
i
would be mentioned in paragraph 1 of the Schedule if the reference to “the United Kingdom and Islands” in paragraph 9 thereof were a reference to “the United Kingdom”, and
ii
are British citizens or who otherwise enjoy in the United Kingdom the status of a Commonwealth citizen,
and to the persons mentioned in paragraphs 2, 5, 6, 7 and 8 of the Schedule, and
b
in the case of maintenance awards to the persons who would be mentioned in sub-paragraph (a) if the reference to paragraph 5 of the Schedule were deleted.
2
It shall also be lawful for the Minister or the Secretary of State to adopt rules of eligibility which confine eligibility to the persons who would be mentioned in paragraph (1) if the reference to paragraph 2 of the Schedule were deleted or if regulation 2(4) or (5) did not apply to the interpretation of the Schedule.
3
For the purposes of the application of this regulation a reference in the Schedule to “relevant date” is a reference to the date of an application for an award.
Revocation and transitional provisions
8
1
The following Regulations are revoked:
a
The Education (Fees and Awards) Regulations 1994 ;
b
The Education (Fees and Awards) (Amendment) Regulations 1995 ; and
c
The Education (Fees and Awards) (Amendment) Regulations 1996 .
2
In any case where the relevant date is before 1st September 1998 —
a
a requirement that a person be settled in the United Kingdom within the meaning of the Immigration Act 1971 shall not apply;
b
a person shall be mentioned in the Schedule for the purposes of regulation 4 if —
i
at the relevant date he is settled in the United Kingdom within the meaning of that Act, and
ii
he neither had the right of abode in the United Kingdom nor was settled therein within the meaning of that Act at, or at a time before, the beginning of the three year period preceding that date; and
c
the spouse of an EEA migrant worker who is not a national of a member State of the European Economic Area shall for the purposes of regulation 4 be subject to the residence conditions mentioned in paragraph 9 of the Schedule but the period of residence required shall be one year rather than three years.
3
In any case where the relevant date is before 1st September 2000 a person shall be mentioned in the Schedule for the purposes of regulation 4 if —
a
at the relevant date he is settled in the United Kingdom within the meaning of the Immigration Act 1971,
b
he neither had the right of abode in the United Kingdom nor was settled therein within the meaning of that Act at, or at a time before, the beginning of the three year period preceding that date, and
c
at any time during that three year period he was ordinarily resident in Hong Kong.


text:
1
This Order may be cited as the Capital Allowances (Corresponding Northern Ireland Grants) Order 1997 and shall come into force on 1st April 1997.
2
The following grants, so far as they are made towards capital expenditure, are hereby declared to correspond to a grant made under Part II of the Industrial Development Act 1982 —
a
any grant made under Part III of the Industrial Development (Northern Ireland) Order 1982 , being a grant at a rate not exceeding 45 per cent. of the expenditure and being a grant made under an agreement entered into before 1st April 1999,
b
any grant made by the Local Enterprise Development Unit out of moneys granted under article 30 of the Industrial Development (Northern Ireland) Order 1982, being a grant at a rate not exceeding 45 per cent. of the expenditure and being a grant made under an agreement entered into before 1st April 1999,
c
so much of any grant so made at a higher rate as is equal to 45 per cent. of the expenditure.
Gyles Brandreth
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 1997


text:
1
This Order may be cited as the A41 Trunk Road (Camden) (Temporary Prohibition of Traffic) Order 1997, and shall come into force on 25th August 1997.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the roads, or lengths of road, mentioned in the schedule to this Order should be prohibited because works are being or are proposed to be executed on or near those roads or lengths of road.
3
During the period starting at 00.01 hours on 25th August 1997 for a period of three months, or when those works have been completed, whichever is the sooner, no person shall cause or permit any vehicle to stop at any time in the roads, or lengths of roads, specified in the schedule to this Order.
4
1
The prohibitions specified in article 3 above shall apply only during such times and to such extent as shall from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The prohibitions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purposes, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
5
In so far as, and during such times as, the prohibition specified in article 3 above is in force, the provisions of the A41 Trunk Road (Camden) Red Route Experimental ( No. 2) Traffic Order 1997 are hereby suspended so far as they relate to the roads or lengths of roads specified in the schedule to this Order.
TRO 336
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
22nd August 1997


text:
This Order may be cited as The Professions Supplementary to Medicine (Registration Rules) (Amendment) Order of Council 1997.
N. H. Nicholls
Clerk of the Privy Council


text:
Commencement and citation
1
This Order may be cited as the Courses for Drink-Drive Offenders (Experimental Period) Order 1997 and shall come into force on 1st April 1997.
Extension of the Experimental Period
2
The end of 1999 is hereby specified in place of the end of 1997 for the purposes of section 31(1) of the Road Traffic Act 1991 (experimental period for the application of section 34A of the Road Traffic Offenders Act 1988 ).
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
13th March 1997


text:
Citation, construction and commencement
1
1
This Order may be cited as the Falkland Islands Constitution (Amendment) (No. 2) Order 1997 and shall be construed as one with the Falkland Islands Constitution Order 1985 .
2
The Falkland Islands Constitution Order and this Order may be cited together as the Falkland Islands Constitution Orders 1985 to 1997.
3
This Order shall come into operation on 1st February 1998.
Interpretation
2
In this Order, “the Constitution” means the Constitution of the Falkland Islands set out in Schedule 1 to the Falkland Islands Constitution Order 1985.
Replacement of Section 23 of the Constitution
3
Section 23 of the Constitution is replaced by the following —
23
Subject to the provisions of Section 24 of this Constitution, any person who has attained the age of twenty-one years and who is registered as an elector pursuant to section 27 of this Constitution is qualified to be elected as a member of the Legislative Council in respect of either constituency.
Amendment of Annex B to the Constitution
4
In Annex B to the Constitution there shall be substituted for the reference to the “Civil Commissioner” in the Oath (or Affirmation) of Secrecy a reference to the “Governor”.
N. H. Nichols
Clerk of the Privy Council