text:
1
The Fees appearing in the Schedule to this Order are established. The Tables of the Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I of the Schedule (hereinafter referred to as “Table I”) in respect of the carrying out by them of the duties of their offices specified in the Appendix hereto (hereinafter referred to as “the Appendix”) and by the legal officers named in Table II of the Schedule in respect of the carrying out by them of the duties of their offices.
2
The Fees established and set out in the second column of Table I of the Schedule are to paid by the diocesan board of finance. The Fees established and set out in the third column of Table I and in Table II of the Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
3
The Legal Officers (Annual Fees) Order 1996 is hereby revoked.
4
The diocesan registrar shall perform the duties and provide the professional services set forth in the Appendix in consideration of the annual fee set out in Table I to this Order for his diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
5
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
6
A fee specified in the Schedule to this Order shall be increased by a sum for reasonable expenses of travel subsistence and accommodation.
7
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of the Appendix) there shall be payable in addition to that fee the amount of the Value Added Tax.
8
This Order may be cited as the Legal Officers (Annual Fees) Order 1997 and shall come into operation on the first day of January 1998.
R B Gibson
M J Colman
C A McLintock
G F Tattersall
D J V Wright
Dated this 19th day of May 1997
Approved by the General Synod the 14th day of July 1997
P J C Mawer
Secretary-General


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Blackburn (Parishes and Electoral Changes) Order 1997.
2
This Order shall come into force —
a
for the purposes of article 2 on 1st April 1997; and
b
for all other purposes on 1st May 1997,
except that for the purpose of all proceedings preliminary or relating to an election to be held on or after 1st May 1997 this Order shall come into force on the day after the day on which it is made.
3
In this Order —
“the borough” means the borough of Blackburn;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, marked “Map of the Borough of Blackburn (Parishes and Electoral Changes) Order 1997”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Transfers between parishes in Blackburn
2
1
The area marked A1 on sheet 4 shall cease to form part of the parish of Eccleshill and shall become an unparished area of the borough.
2
The unparished area of the borough marked A2 on sheet 4 shall become part of the parish of Eccleshill.
3
The unparished area of the borough marked B on sheets 2 and 4 shall become part of the parish of Yate and Pickup Bank.
4
The area marked C on sheet 3 shall be transferred from the parish of Livesey to the parish of Tockholes.
Wards of Blackburn
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-two 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 respect of the ward 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 Blackburn
4
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, subject to paragraphs (7) and (8) below, be 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) below, 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) above 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 in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Parish elections
5
1
The ordinary elections of parish councillors for the parishes of North Turton and Tockholes in 1999 shall not take place; and any such 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 parishes of Eccleshill and Yate and Pickup Bank shall be three years.
3
Elections of all parish councillors for the parishes of North Turton and Tockholes shall be held simultaneously on the ordinary day of election of councillors in 2000 and 2003 and every fourth year after 2003.
4
Elections of all parish councillors for the parishes of Eccleshill and Yate and Pickup Bank 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) above 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 North Turton or Tockholes 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 8th May 2000.
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 Territorial Sea Act 1987 (Jersey) Order 1997 and shall come into force on 31st March 1997.
2
The Territorial Sea Act 1987 shall extend to the Bailiwick of Jersey with the exceptions, adaptations and modifications specified in the Schedule to this Order.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations may be cited as the Mink (Keeping) (Amendment) Regulations 1997 and shall come into force on 1st January 1998.
Amendment of the principal Regulations
2
The Mink (Keeping) Regulations 1975 shall be amended in regulation 5 by the substitution for paragraph (3) thereof (fee payable in respect of the granting of a licence in accordance with section 3 of the Act ) of the following paragraph —
3
On the granting of a licence in accordance with section 3 of the Act or, as the case may be, section 8 of the Act, there shall be paid to the Minister of Agriculture, Fisheries and Food, the Secretary of State for Wales or the Secretary of State for Scotland, as the case may be, the following fee —
a
in the case of a licence granted in accordance with section 3 of the Act, £630; and
b
in the case of a licence granted in accordance with section 8 of the Act —
i
in England and Wales, £185; and
ii
in Scotland, £60.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
17th November 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
17th November 1997
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
17th November 1997
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
Approved on 17th November 1997


text:
Commencement and citation
1
This Order may be cited as The A1 Trunk Road (Barnet) Red Route Traffic Order 1997, and shall come into force on 3rd October 1997.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
22nd September 1997


text:
1
These Rules may be cited as the Rules of Procedure (Air Force) (Amendment No. 2) Rules 1997 and shall come into force on 1st February 1997.
2
In the Rules of Procedure (Air Force) 1972 , in rule 9(d), for the words which the accused is to be asked there shall be substituted the following words:
Do you wish to say anything? You do not have to say anything but it may harm your defence if you do not mention now something which you later rely on in court. If you do wish to say anything, it must be evidence given on oath. Any evidence you give will be taken down in writing and may be given in evidence in court.
.
James Arbuthnot
Minister of State, Ministry of Defence
8th January 1997


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


text:
1
This Order may be cited as the Supply of Beer (Tied Estate) (Amendment) Order 1997 and shall come into force one month after the day on which it is made.
2
Article 7 of the Supply of Beer (Tied Estate) Order 1989 is amended —
a
by the substitution in paragraph (1) for “paragraph (4)” of “paragraphs (4) and (5)”;
b
by the insertion after paragraph (2) of —
2A
Subject to article 8 below —
a
the parties to any agreement to which this article applies made before 1 April 1998 shall terminate it before that date, so far as it relates to beer of an alcoholic strength exceeding 1.2 per cent, to the extent that the person who is precluded or restricted from making relevant purchases is prevented by the agreement —
i
from purchasing from whomsoever he may choose at least one brand of bottle-conditioned beer, selected by him, or
ii
from selling or offering for sale on any one day at least one brand of bottle-conditioned beer so selected and purchased;
b
it shall be unlawful on and after 1 April 1998 for any person to make or carry out an agreement to which this article applies except to the extent that subparagraph (a) above would not require it to be terminated if made before that date.
;
c
in paragraph (3) —
i
by the insertion after “consumption;” of “bottle-conditioned beer means beer which undergoes fermentation in the bottle from which it is served for consumption;”; and
ii
by the insertion after “selected by him” of “, or from purchasing from whomsoever he may choose or from selling or offering for sale at least one brand of bottle-conditioned beer selected by him”;
d
in paragraph (4), by the substitution for “This article” of “Paragraph (2) above”.
e
by the insertion after paragraph (4) of —
5
Paragraph (2A) above does not apply to an agreement made before 1 April 1998 if immediately before that date no party to it is any longer a brewer who holds interests in more than two thousand licensed premises or a member of a large brewery group unless subsequently a party to it becomes or, as the case may be, becomes again such a brewer or a member of such a group
.
Nigel Griffiths,
Parliamentary Under Secretary of Statefor Competition and Consumer Affairs,Department of Trade and Industry
22nd July 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 and shall come into force —
a
for the purposes of regulations 1, 2, 3(2)(e), (5) and (6), on 7th April 1997;
b
for all other purposes, on 6th October 1997.
2
In these Regulations —
“the principal Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“young individual” has the meaning specified in regulation 2 of the principal Regulations .
Amendment of the Council Tax Benefit (General) Regulations 1992
2
In Schedule A1 to the Council Tax Benefit (General) Regulations 1992 (treatment of claims for council tax benefit by refugees) in paragraph 9 for the word “principal” there shall be substituted the word “these”.
Amendment of the principal Regulations
3
1
The principal Regulations shall be amended in accordance with the following paragraphs.
2
Regulation 11 (maximum rent) shall be amended in the following manner —
a
in paragraph (3A) at the beginning there shall be inserted the words “Subject to paragraph (3D),”;
b
after paragraph (3A) the following paragraphs shall be inserted —
3B
In the case of a single claimant to whom paragraph (3C) applies, where the rent officer has determined a single room rent and is required to notify the authority of it, the maximum rent shall not exceed that single room rent.
3C
Subject to paragraph (3D), this paragraph applies to a person who is aged not less than 25 but less than 60 and who —
a
makes a claim for housing benefit on or after 6th October 1997; or
b
having been continuously entitled to and in receipt of housing benefit in respect of the same dwelling for a benefit period beginning before 6th October 1997, makes a further claim for that benefit either —
i
in accordance with regulation 72(12), (13) or (14) (further claims), or
ii
upon a change of dwelling.
3D
Paragraphs (3A) and (3C) shall not apply in the case of a claimant —
a
who is a tenant of a registered housing association or a person to whom regulation 10 of the Housing Benefit (General) Amendment Regulations 1995 (saving provision) applies;
b
to whom paragraph 13 of Schedule 2 (severe disability premium) applies; or
c
who has a non-dependant residing with him.
;
c
in paragraph (4) —
i
for the words “limits specified in paragraphs (3) and (3A)” there shall be substituted the words “limits specified in paragraphs (3), (3A) and (3B)”; and
ii
in sub-paragraph (a) the words from “plus 50 per cent.” to the end of the sub-paragraph shall be omitted;
d
in paragraph (5) for the words “limits specified in paragraphs (3) and (3A)” there shall be substituted the words “limits specified in paragraphs (3), (3A) and (3B)” and the words from “plus 50 per cent.” to the end of the paragraph shall be omitted;
e
in paragraph (8C) for the words “paragraph 2A” there shall be substituted the words “paragraph 8(2A)” .
3
Subject to regulation 4 (savings) of these Regulations, regulation 12 (restrictions on rent increases) shall be omitted.
4
In regulation 12A(1B) (requirement to refer to rent officers) at the end there shall be added the words “or a person to whom regulation 11(3B) applies”.
5
In paragraph 10 Schedule A1 (treatment of claims for housing benefit by refugees) for the word “principal” there shall be substituted the word “these”.
6
In paragraph 11A(2)(b) of Schedule 1A (excluded tenancies) for the words from “the circumstances” to the end of the paragraph, there shall be substituted the following words —
i
the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependant of his and any person paying rent to him); or
ii
the rent payable for that dwelling is unreasonably high.
.
7
In paragraph 2(3)(f) of Schedule 1A (excluded tenancies) after the words “young individual” there shall be inserted the words “or person to whom regulation 11(3B) applies”.
Savings
4
1
Regulation 3(2)(c) and (d) of these Regulations shall not have effect in the case of a claimant for housing benefit to whom paragraph (2) applies.
2
This paragraph applies to a claimant —
a
who is not a single claimant;
b
who is aged less than 25 and is not a young individual; or
c
who is aged 60 or over,
who makes a further claim for housing benefit under regulation 72(12) to (14) of the principal Regulations, where he has been continuously entitled to and in receipt of housing benefit in respect of the same dwelling for a benefit period beginning before 6th October 1997, which included an addition by virtue of paragraph (4) or (5) of regulation 11 of the principal Regulations as they had effect on 5th October 1997 and for this purpose “benefit period” has the same meaning as in regulation 66 of the principal Regulations.
3
Regulation 3(3) of these Regulations shall not have effect in the case of a claimant to whom regulation 10 of the Housing Benefit (General) Amendment Regulations 1995 (saving provision) applies.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
17th March 1997


text:
1
This Order may be cited as the Dockyard Services (Rosyth) (Designation and Appointed Day) (Revocation) Order 1997 and shall come into force on 24th February 1997.
2
The Dockyard Services (Rosyth) (Designation and Appointed Day) Order 1986 is hereby revoked.
James Arbuthnot
Minister of State for Defence Procurement, Ministry of Defence
20th February 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Application to the Armed Forces) Order 1997 and shall come into force on 1st February 1997.
2
In this Order “service policeman” means a member of the Royal Naval Regulating Branch, the Royal Marines Police, the Royal Military Police, the Royal Air Force Police or the staff of the Royal Air Force Provost Marshal.
Application
2
1
The provisions of the Police and Criminal Evidence Act 1984 which are specified in column 1 of the Schedule to this Order shall apply to the investigation of offences conducted by a service policeman under the Army Act 1955 , the Air Force Act 1955 or the Naval Discipline Act 1957 and to persons held in arrest in connection with such an investigation, subject to the modifications specified in column 2 of that Schedule.
2
This Order applies wherever the investigation takes place.
Revocation
3
The Police and Criminal Evidence Act 1984 (Application to Armed Forces) Order 1985 and the Police and Criminal Evidence Act 1984 (Application to Armed Forces) (Amendment) Order 1990 are revoked.
James Arbuthnot
Minister of State, Ministry of Defence
8th January 1997


text:
Commencement and citation
1
This Order may be cited as the London Borough of Islington (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 A1 Trunk Road (Islington) (Bus Lanes) Red Route Traffic Order 1993 , The A1 Trunk Road (Islington) (Bus Lanes) Red Route Traffic Order 1993 Variation Order 1994 , The A1 Trunk Road (Islington) (Bus Lanes) Red Route Experimental Order 1996 and The A501 Trunk Road (Camden and Islington) Red Route (Bus Lanes) Experimental 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, commencement and interpretation
1
1
These Regulations may be cited as the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 and shall come into force on 31st March 1999.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“advertise” and “advertising” shall be construed by reference to the definition of “advertisement” in section 53(1) of the Act but shall not relate to any label or wrapper;
“food authority” does not include —
the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change; or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“relevant food” means specially formulated food intended for use in energy-restricted diets for weight reduction, being food which complies with the compositional requirements in Schedule 1 and which, when used as instructed by the manufacturer, replaces —
the whole of the total daily diet; or
one or more meals of the daily diet; and
“sell” includes possess for sale, and offer, expose or advertise for sale, and “sale” and “sold” shall be construed accordingly.
3
Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Name of the food and compositional requirements
2
1
No person shall sell any relevant food under any name other than —
a
“total diet replacement for weight control” in the case of products intended as a replacement for the whole of the daily diet; or
b
“meal replacement for weight control” in the case of products intended as a replacement for one or more meals of the daily diet.
2
No person shall sell any food in the labelling of which the name “total diet replacement for weight control” or “meal replacement for weight control” is used unless that food is relevant food.
Labelling requirements
3
No person shall sell any relevant food unless it is labelled with the following particulars —
a
the available energy value expressed in kJ and kcal, and the content of proteins, carbohydrates and fat, expressed in numerical form, per specified quantity of the product ready for use as proposed for consumption;
b
the average quantity of each mineral and each vitamin for which compositional requirements are stipulated in paragraph 5 of Schedule 1, expressed in numerical form, per specified quantity of the product ready for use as proposed for consumption and, for products mentioned in regulation 2(1)(b), that average quantity expressed as a percentage of the values as set out in Tables A and B of Part II of Schedule 6 to the Food Labelling Regulations 1996 ;
c
instructions for appropriate preparation, where necessary and a statement as to the importance of following those instructions;
d
where a product, when used as instructed by the manufacturer, provides a daily intake of polyols in excess of 20g per day, a statement to the effect that the food may have a laxative effect;
e
a statement on the importance of maintaining an adequate daily fluid intake;
f
for products mentioned in regulation 2(1)(a), a statement that the product provides adequate amounts of all essential nutrients for the day and a statement that the product should not be used for more than three weeks without medical advice; and
g
for products mentioned in regulation 2(1)(b), a statement to the effect that the product is useful for the intended use only as part of an energy-restricted diet and that other food should be a necessary part of such diet.
Labelling, advertising and presentation
4
No person shall sell any relevant food the labelling, advertising or presentation of which refers to the rate or amount of weight loss which may result from its use or to a reduction in the sense of hunger or an increase in the sense of satiety.
Packaging
5
No person shall sell any relevant food being a product mentioned in regulation 2(1)(a) unless all individual components making up the product are contained in the same package.
Offences and penalties
6
1
If any person contravenes regulation 2, 3, 4 or 5 he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Enforcement
7
Each food authority shall enforce and execute these Regulations in its area.
Defence in relation to exports
8
1
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove —
a
that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that such food complies with that legislation; and
b
that the legislation complies with the provisions of Commission Directive 96/8/ EC on foods intended for use in energy-restricted diets for weight reduction, in the case of export to an EEA State.
2
In this regulation —
“EEA State” means a State which is a Contracting Party to the EEA Agreement; and
“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.
Application of various sections of the Act
9
The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations —
section 2 (extended meaning of ‘sale’ etc. );
section 3 (presumption that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;
section 22 (defence of publication in the course of a business);
section 30(8) (which relates to documentary evidence);
section 33 (obstruction etc. of officers);
section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2);
section 36 (offences by bodies corporate); and
section 44 (protection of officers acting in good faith).
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
2nd September 1997
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
4th September 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
4th September 1997
Sam Galbraith
Parliamentary Under Secretary of State, Scottish Office
5th September 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Advanced Business Services 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 and commencement
1
This Order may be cited as the Homelessness (Suitability of Accommodation) (Amendment) Order 1997 and shall come into force on 1st September 1997.
Amendment to the Homelessness (Suitability of Accommodation) Order 1996
2
In the Homelessness (Suitability of Accommodation) Order 1996 , at the end add —
Circumstances in which accommodation is not to be regarded as suitable
3
For the purposes of section 197(1) of the Housing Act 1996 (duty where other suitable accommodation available), accommodation shall not be regarded as suitable unless the local housing authority are satisfied that it will be available for occupation by the applicant for at least two years beginning with the date on which he secures it.
.
Signed by authority of the Secretary of State for the Environment
Hiliary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
14th July 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
21st July 1997


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 and shall come into force on 1st April 1997.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of Chapter 67 of the Rules of the Court of Session
2
1
Subject to paragraph 4 below, Chapter 67 of the Rules of the Court of Session 1994 shall be amended in accordance with the following sub-paragraphs.
2
In rule 67.1(2) (interpretation of the Chapter)–
a
after the definition of “the Act of 1978” insert–
“the Act of 1995 ” means the Children (Scotland) Act 1995;
; and
b
for the definition of “parental rights” substitute–
“parental responsibilities” has the meaning given by section 1(3) of the Act of 1995;
“parental rights” has the meaning given by section 2(4) of that Act;
.
3
For rule 67.4 substitute–
Selection of reporting officer or curator ad litem
67.4
Where the court appoints a reporting officer or a curator ad litem and there is an established panel of persons from whom the appointment may be made, the reporting officer or curator ad litem shall be selected from that panel unless the court considers that it would be appropriate to appoint a person who is not on the panel.
.
4
After rule 67.4 as so substituted insert–
Timetable for resolving question as to whether agreement to adoption order etc. should be dispensed with
67.4A
1
A timetable shall be drawn up forthwith under section 25A of the Act of 1978 by the court when any of the following occurs–
a
there is presented to it a petition with a crave for any agreement of the parent or guardian of a child to be dispensed with on a ground specified in section 16(2) of that Act;
b
it appears to the court, from the report of an adoption agency, local authority or reporting officer that the question of dispensing with such agreement on a ground so specified arises; or
c
such agreement (being agreement which, if not given, it would be competent to dispense with on a ground so specified) is given but is afterwards withdrawn.
2
To ensure, so far as is reasonably practicable, that the timetable is adhered to, the court shall give such directions as it considers appropriate.
5
In rule 67.5(1) (form of certain agreements), at the end of sub-paragraph (a) add “unless the applicant for the adoption order is such person as is mentioned in section 15(1)(aa) of that Act, in which case it shall be in Form 67.5-F”.
6
After rule 67.5 insert–
Consideration of views of child and of certain reports
67.5A
In a cause to which this Chapter applies, the court shall not grant an adoption order or grant or revoke an order freeing a child for adoption–
a
where the child has indicated to the court, or to his curator ad litem if one has been appointed under this Chapter, a wish to express views on a matter affecting the child unless–
i
an opportunity has been given for those views to be obtained or heard (the court ordering such steps to be taken in that regard as it considers appropriate); and
ii
due weight has been given by the court to such views as the child does express (account being taken of his age and maturity); and
b
where a report has been received in relation to the child by virtue of section 73(13) of the Act of 1995 (report of children’s hearing where child subject to supervision requirement), unless the court has first considered the report.
.
7
After rule 67.6 insert–
Children who may require compulsory measures of supervision
67.6A
Where, under subsection (1) of section 54 of the Act of 1995 (question arising as to whether compulsory measures of supervision are necessary) a matter is referred to the Principal Reporter, the clerk of court shall give him written intimation of the court’s decision, which shall include a certified copy of the interlocutor, and shall specify in the intimation which of the conditions referred to in that subsection it appears to the court has been satisfied.
.
8
In rule 67.9(2) (content of petition in application for order freeing a child for adoption) for sub-paragraphs (l) and (m) substitute–
l
whether the petitioner has considered the position of any person claiming to be the child’s father (being a person who is not married to the mother); and
m
whether the petitioner intends to give notice to a relevant parent under section 19(2) and (3) of that Act (progress reports).
.
9
In rule 67.11(1) (duties of reporting officer as respects application for order freeing a child for adoption)–
a
for sub-paragraphs (j) and (k) substitute–
j
ascertain whether the petitioner has considered the position of any person claiming to be the child’s father (being a person who is not married to the mother);
k
where such a person so claiming does not have parental responsibilities or parental rights in relation to the child, ascertain the likelihood of that person–
i
applying for an order under section 11(1) of the Act of 1995 (orders relating to parental responsibilities etc.);
ii
being refused such an order if he does so apply; or
iii
entering into an agreement with the mother under section 4(1) of that Act (natural father’s acquisition of parental responsibilities etc. by agreement);
; and
b
after sub-paragraph (s), insert–
ss
ascertain whether the child is subject to a supervision requirement;
.
10
In rule 67.11(2) (duties of curator ad litem as respects application for order freeing a child for adoption)–
a
after sub-paragraph (b), insert–
bb
ascertain from the child whether he wishes to express any views as respects the petition;
bc
ascertain whether it would be better for the child that an order were made under section 18(1) of the Act of 1978( than that it were not made
; and
b
after sub-paragraph (h) (and before the word “and” which immediately follows that sub-paragraph) insert–
hh
in performing his duties under this paragraph, regard the need to safeguard and promote the welfare of the child throughout the child’s life as the paramount consideration;
.
11
In rule 67.12 (declaration of preference not to be involved)–
a
in paragraph (1), for the words “67.12” substitute “67.12-A; and any withdrawal of either such declaration shall be in Form 67.12-B.”; and
b
at the end add–
5
Where a withdrawal such as is referred to in paragraph (1) is lodged, it shall be recorded in an interlocutor pronounced by the court and then intimated forthwith to the adoption agency by the clerk of court.
.
12
In rule 67.13 (hearing of freeing for adoption petition)–
a
in paragraph (2)(b)(ii), for the words “(3)(a), (b) or (c)” substitute “(3)(a), (aa), (b) or (c)”;
b
in paragraph (3), after sub-paragraph (a) insert–
aa
where the child’s mother is not married to his father, any person whose whereabouts are so known and who, being a person who claims to be the child’s father, is neither the child’s guardian nor a person with regard to whom an order in relation to parental responsibilities as respects the child has been made under section 11(1) of the Act of 1995;
; and
c
in paragraph (4)(c), for the words “(3)(a) or (d)” substitute “(3)(a), (aa) or (d)”.
13
After rule 67.13 insert–
Intimation of making of order freeing a child for adoption where he is subject to a supervision requirement
67.13A
Where on making an order under section 18 of the Act of 1978 in relation to a child who is subject to a supervision requirement the court makes a determination under subsection (9) of that section( (that is to say, a determination that the child shall forthwith cease to be subject to that requirement), the clerk of court shall intimate the determination to the Principal Reporter.
.
14
In rule 67.14 (application for revocation of order freeing a child for adoption)–
a
in paragraph (1), for the words “section 20(1)” substitute “section 20(1) or (1A)”(
b
in paragraph (2)–
i
in sub-paragraph (a)(i), for the word “petitioner” substitute “relevant parent if the application is under section 20(1A)”; and
ii
for sub-paragraph (a)(iii) substitute–
iii
the adoption agency (or any substitute adoption agency) having the parental responsibilities and parental rights in relation to the child if the application is under section 20(1);
; and
c
in paragraph (5)–
i
after sub-paragraph (a) insert–
aa
ascertain from the child whether he wishes to express any views as respects the application;
;
ii
for sub-paragraph (c) substitute–
c
where the application is under–
i
subsection (1) of section 20 of the Act of 1978 and a previous application under that subsection was refused; or
ii
subsection (1A) of that section and a previous application under that subsection was refused,
inquire whether there has been any change of circumstances, or there is any other reason for the current application, of which the court should be aware in determining the note; and
iii
after sub-paragraph (f) (and before the word “and” which immediately follows that sub-paragraph) insert–
ff
in performing his duties under this paragraph, regard the need to safeguard and promote the welfare of the child throughout the child’s life as the paramount consideration;
.
15
After rule 67.15 insert–
Parental responsibilities and parental rights when order freeing a child for adoption is revoked
67.15A
The court, on revoking an order freeing a child for adoption shall, by order under section 11(1) of the Act of 1995, specify on whom are to be imposed the parental responsibilities, and to whom are to be given the parental rights, in relation to the child; and the clerk of court shall give written intimation accordingly to any person so specified.
.
16
For rule 67.17 substitute–
Applications for transfer of parental responsibilities and parental rights from one adoption agency to another
67.17
An application under section 21 of the Act of 1978 (variation of order under section 18 of that Act so as to substitute one adoption agency for another) shall be made by note.
.
17
In rule 67.18 (applications relating to return, removal or prohibition of removal of child), in each of sub-paragraphs (a) and (b), for the words “27(2)” substitute “27(1)”.
18
In rule 67.21(1) (content of report)–
a
in sub-paragraph (o), omit the words “, other than an approved adoption allowance,”;
b
for sub-paragraph (q) substitute–
q
information about the religious persuasion (if any), racial origin and cultural and linguistic background both of the child and of the petitioner;
;
c
in sub-paragraph (s), for the word “childhood” substitute “life”; and
d
after that sub-paragraph (and before the word “and” which immediately follows that sub-paragraph) insert–
ss
whether arrangements for the adoption of the child have been made in contravention of section 11 of the Act of 1978 or the child has been placed for adoption in contravention of that section;
.
19
In rule 67.24(1) (duties of reporting officer as respects application for adoption order)–
a
in sub-paragraph (c), after the words “67.5-A” insert “or 67.5–F”;
b
in sub-paragraph (f)–
i
after the words “he is” insert “(except where the adoption order falls to be made by virtue of section 15(1)(aa) of the Act of 1978)”; and
ii
for the words “rights and duties will vest in” substitute “responsibilities and parental rights will (with that exception) be transferred to”; and
c
after sub-paragraph (j) insert–
jj
ascertain whether the child is subject to a supervision requirement;
.
20
In rule 67.24(2) (duties of curator ad litem as respects application for adoption order)–
a
after sub-paragraph (b) insert–
bb
ascertain from the child whether he wishes to express any views as respects the petition;
bc
ascertain whether it would be better for the child that an adoption order were made than that it were not made,
;
b
in sub-paragraph (i), for the words “rights and duties” substitute “responsibilities and parental rights”;
c
in sub-paragraph (k), for the word “childhood” substitute “life”;
d
in sub-paragraph (m), for the words “for custody” substitute “such as is mentioned in section 11(2)(b) of the Act of 1995 (imposing parental responsibilities or giving parental rights)”;
e
for sub-paragraph (p) substitute–
p
ascertain the religious persuasion (if any), social origin and cultural and linguistic background both of the child and of the petitioner;
; and
f
omit sub-paragraphs (s) and (t); and
g
after sub-paragraph (w) (and before the word “and” which immediately follows that sub-paragraph) insert–
ww
in performing his duties under this paragraph, regard the need to safeguard and promote the welfare of the child throughout the child’s life as the paramount consideration;
.
21
In rule 67.25 (hearing to determine adoption petition)–
a
in paragraph (2)(b)(ii), for the words “(3)(a), (b), (c) or (d)” substitute “(3)(a) to (dc)”; and
b
in paragraph (3), after sub-paragraph (d) (and before the word “and” which immediately follows that sub-paragraph) insert–
da
any person keeping the child by virtue of a child protection order, of a supervision requirement or of a warrant granted by a children’s hearing;
db
any person to whom the parental responsibilities and parental rights in relation to the child have been transferred by a parental responsibilities order or an order under section 11 of the Act of 1995;
dc
any person having parental responsibility (within the meaning of the Children Act 1989 ) for the child by virtue of section 5 of that Act or of a care order or residence order within the meaning of that Act;
.
22
After rule 67.25 insert–
Intimation of making of adoption order where child subject to supervision requirement
67.25A
Where on making an adoption order in relation to a child who is subject to a supervision requirement the court makes a determination under section 12(9) of the Act of 1978( (that is to say, a determination that the child shall forthwith cease to be subject to that requirement), the clerk of court shall intimate the determination to the Principal Reporter.
.
23
Omit rule 67.26.
24
In rule 67.32(2)(a) (age at which adopted person may open or inspect process), for the word “17” substitute “16”.
Amendment of Forms
3
1
Subject to paragraph 4 below, the Appendix to the Rules of the Court of Session 1994( shall be amended in accordance with the following sub-paragraphs.
2
In Form 67.5-A (form of agreement of a parent or guardian to an adoption order or an order under section 49 of the Act of 1978)–
a
in the first heading, at the end add “(to be used except where Form 67.5-F is appropriate)”;
b
in paragraph (1), for the words “rights and duties” substitute “responsibilities and parental rights”;
c
in paragraph (2), for sub-paragraphs (a) to (f) substitute–
a
is not known, cannot be found or is incapable of giving agreement;
b
is withholding agreement unreasonably;
c
has persistently failed, without reasonable cause, to fulfil one or other of the following parental responsibilities in relation to the child–
i
the responsibility to safeguard and promote the child’s health, development and welfare; or
ii
if the child is not living with him, the responsibility to maintain personal relations and direct contact with the child on a regular basis; or
d
has seriously ill-treated the child, whose reintegration into the same household as the parent or guardian is, because of the serious ill-treatment or for other reasons, unlikely.
.
3
In Form 67.5-B (form of agreement of a parent or guardian to an adoption order in a petition for an order freeing a child for adoption under section 18 of the Act of 1978)–
a
in paragraph (1), for the words “rights and duties” substitute “responsibilities and parental rights”;
b
in paragraph (2), for sub-paragraphs (a) to (f) substitute–
a
is not known, cannot be found or is incapable of giving agreement;
b
is withholding agreement unreasonably;
c
has persistently failed, without reasonable cause, to fulfil one or other of the following parental responsibilities in relation to the child–
i
the responsibility to safeguard and promote the child’s health, development and welfare; or
ii
if the child is not living with him, the responsibility to maintain personal relations and direct contact with the child on a regular basis; or
d
has seriously ill-treated the child, whose reintegration into the same household as the parent or guardian is, because of the serious ill-treatment or for other reasons, unlikely.
.
4
After Form 67.5-E insert the form set out in Schedule 1 to this Act of Sederunt.
5
The Form presently headed “Form 67.12” shall instead be headed “Form 67.12-A”; and after that form insert the form set out in Schedule 2 to this Act of Sederunt.
6
In Form 67.22 (form of petition for adoption order or an order under section 49(1) of the Act of 1978)–
a
for paragraph 8, substitute–
8
That the child–
a
is male [ or female];
b
is unmarried;
c
is a child of (name of mother ) [ and name of father, if known ];
d
is of British [ or ] nationality;
e
is years of age, having been born on the day of at in ( local government area ) [ or at in ( country or territory outwith United Kingdom )];
f
has had his home with the petitioner since ( day, month and year );
g
has the following guardian[s], namely ( name[s] and address[es] );]
h
has the following judicial factor, namely ( name and address );] and
i
is entitled to the following property, namely, .
;
b
in paragraph 10–
i
for the words “rights and duties” in both places where they occur, substitute “responsibilities and parental rights”; and
ii
for the words “vested in” substitute “transferred to”;
c
in paragraph 11, for the words “rights and duties of a parent or guardian [or the parental rights and duties]” substitute “parental responsibilities and parental rights”; and
d
in the prayer, for the words “vesting in the petitioner the parental rights and duties” substitute “transferring to the petitioner the parental responsibilities and parental rights”.
Saving
4
Paragraphs 2 and 3 of this Act of Sederunt shall not affect the application of Chapter 67 of the Rules of the Court of Session 1994( in relation to any adoption order or any order freeing a child for adoption, where the order in question was applied for before 1st April 1997.
Rodger of Earlsferry
Lord President, I.P.D.
Edinburgh,
12th March 1997


text:
Title and commencement
1
This Order may be cited as the Diseases of Poultry (Amendment) Order 1997 and shall come into force on 28 January 1997.
Amendment to the Diseases of Poultry Order 1994
2
1
The Diseases of Poultry Order 1994 shall be amended in accordance with the following provisions of this article.
2
In article 3(2), after the reference “5(2)(a),” there shall be inserted the reference “5A(1),”.
3
After article 5 there shall be inserted the following article —
Suspected exposure of poultry to risk of disease
5A
1
If a veterinary inspector has reason to suspect that poultry as defined in article 3(2) above, or racing pigeons or other captive birds on any premises may have been exposed to the risk of disease, either directly or indirectly, as a result of the movement of persons, animals or vehicles or in any other way, he shall in the case of poultry and may in any other case, serve a notice on the occupier or person in charge of the premises in accordance with this article.
2
Once a notice has been served under this article, the veterinary inspector shall use whatever means he thinks suitable to detect any suspicion of disease, shall count the birds, and shall monitor their movements.
3
Once a notice has been served under this article, no person shall move any birds from the premises other than for transport directly to a slaughterhouse except under the authority of a licence granted by a veterinary inspector; and before granting such a licence, the veterinary inspector shall carry out a clinical inspection of all the birds to exclude the presence of disease on the premises.
4
Where he considers that conditions permit, a veterinary inspector may limit the measures provided for in this article to a part of the premises and to the birds contained there, provided that the birds there have been housed, kept and fed completely separately by separate staff.
5
Where a person fails to comply with any restriction or requirement imposed by a notice served under this article, the provisions of article 5(4) and (5) above shall apply as if the notice had been a notice served under that article.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
27th January 1997
James Douglas-Hamilton
Minister of State, Scottish Office
27th January 1997
Signed by authority of the Secretary of State for Wales,
Jonathan Evans
Parliamentary Under-Secretary of State, Welsh Office
27th January 1997


text:
Citation and commencement
1
These Regulations may be cited as the Long Residential Tenancies (Supplemental Forms) Regulations and shall come into force on 15th January 1998.
Interpretation
2
In these Regulations —
“the 1954 Act ” means the Landlord and Tenant Act 1954;
“the 1989 Act ” means the Local Government and Housing Act 1989; and
any reference to a numbered form is a reference to the form bearing that number in the Schedule, or to a form substantially to the same effect.
Forms
3
The forms prescribed for the purposes specified below shall be as follows —
a
for a notice under section 18 of the 1954 Act (as applied by section 186(5) of the 1989 Act) requiring information about sub-tenancies, form 7;
b
for a notice under paragraph 5 of Schedule 5 to the 1954 Act (as applied by paragraph 19 of Schedule 10 to the 1989 Act) requiring a landlord to consent to the giving of a notice under paragraph 4(1) of Schedule 10 to the 1989 Act terminating a long residential tenancy, form 8; and
c
for a notice under paragraph 5 of Schedule 5 to the 1954 Act (as applied by paragraph 19 of Schedule 10 to the 1989 Act) requiring a landlord to consent to the making of an agreement with the tenant under Schedule 10 to the 1989 Act, form 9.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
12th December 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
16th December 1997


text:
1
1
This Order may be cited as the Education Act 1997 (Commencement No. 2 and Transitional Provisions) Order 1997.
2
In this Order
“the 1996 Act ” means the Education Act 1996 ;
“the 1997 Act ” means the Education Act 1997;
“the Inspections Act ” means the School Inspections Act 1996 ;
“ NCVQ ” means the National Council for Vocational Qualifications;
“ QCA ” means the Qualifications and Curriculum Authority; and
“ SCAA ” means the School Curriculum and Assessment Authority.
2
1
The provisions of the 1997 Act specified in Part I of Schedule 1 to this Order shall come into force on 14th June 1997.
2
The provisions of the 1997 Act specified in Part II of that Schedule shall come into force on 1st September 1997.
3
The provisions of the 1997 Act specified in Part III of that Schedule shall come into force on 1st October 1997.
4
The provisions of the 1997 Act specified in Part IV of that Schedule shall come into force on 1st November 1997.
5
The provisions of the 1997 Act specified in Part V of that Schedule shall come into force on 1st December 1997.
3
Unless otherwise specified in Schedule 1 to this Order the provisions referred to in Article 2 above shall come into force for all purposes.
4
1
Part I of Schedule 2 to this Order shall have effect for the purpose of making transitional provisions in connection with paragraphs 4, 5 and 7 of Schedule 6 to the 1997 Act (which are brought into force on 1st September 1997 by Article 2(2)).
2
Part II of Schedule 2 to this Order shall have effect for the purpose of making transitional provisions in connection with paragraphs 6, 7, 27 and 28 of Schedule 7 to the 1997 Act (which are brought into force on 1st October 1997 by Article 2(3)).


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Blackpool (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 Blackpool;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, marked “Map of the Borough of Blackpool (Electoral Changes) Order 1997”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Blackpool
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-two wards bearing the names set out in the Schedule and each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines.
3
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.
4
The number of councillors to be elected for each of the wards of the borough shall be two.
Elections of the council of Blackpool
3
1
Elections of all councillors for wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 1997, 2000 and 2003 and every fourth year after 2003 .
2
The term of office of any councillor so elected shall be, in the case of councillors elected in 1997 and 2000, three years and, in any other case, four years.
3
On the fourth day after any such elections —
a
the persons who were councillors immediately before those elections shall retire; and
b
the newly elected councillors shall come into office.
4
Paragraphs (2) to (5) of article 7 of the Lancashire (Boroughs of Blackburn and Blackpool) (Structural Change) Order 1996 shall be deleted.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
21st February 1997


text:
Title and commencement
1
These Regulations may be cited as the Coypus (Special Licence) (Fees) Regulations 1997 and shall come into force on 1st January 1998.
Interpretation
2
In these Regulations —
a
“ the Act ” means the Destructive Imported Animals Act 1932; and
b
“a special licence” means a special licence granted in accordance with section 8 of the Act authorising the keeping of coypus.
Special licence fees
3
On the granting of a special licence there shall be paid to the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland or the Secretary of State for Wales, as the case may be, the following fee —
a
in England and Wales, £185; and
b
in Scotland, £60.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
17th November 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
17th November 1997
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
17th November 1997
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissionersof Her Majesty’s Treasury
Approved on 17th November 1997


text:
1
This Order may be cited as the A41 Trunk Road (Camden) (Temporary Prohibition of Traffic) (No. 2) Order 1997, and shall come into force on 23rd September 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 23rd September 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.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
23rd September 1997


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Third Amendment) Regulations 1997 and shall come into force on 1st August 1997.
2
The Civil Aviation (Route Charges for Navigation Services) Regulations 1995 shall be amended as follows:
a
For Schedule 2 thereof there shall be substituted –
SCHEDULE 2
SPECIFIED AIRSPACES
Regulations 3(1), 6(1) and 7
(1) (2) (3) (4) Country Publication in which FIRS are described Unit Rate in ECUs Established at a Rate of exchange of
*
Excluding Shanwick FIR.
Austria AIP Austria 59.72 1 ECU =13.4475 Sch Belgium and Luxembourg AIP Belgique 68.39 1 ECU=39.3520 BF Cyprus AIP Cyprus 22.90 1 ECU=0.588890 £Cy Czech Republic AIP Czech Republic 49.09 1 ECU=33.7305 CZK Denmark AIP Denmark 54.66 1 ECU=7.36091 DKr France AIP France (France Metropolitaine) 61.89 1 ECU=6.50787 FF Germany AIP Germany 72.89 1 ECU=1.91115 DM Greece AIP Greece 35.15 1 ECU=303.798 Dra Hungary AIP Hungary 21.54 1 ECU=198.814 Hf Ireland Republic of AIP Ireland 21.20 1 ECU=0.788059 £Ir Italy AIP Italy 65.21 1 ECU=1929.22 L Malta AIP Malta 43.66 1 ECU=0.457648 Lm Netherlands AIP Netherlands 55.76 1 ECU=2.14253 G Norway AIP Norway 50.96 1 ECU=8.19539 NKr Portugal AIP Portugal 36.19 Santa Maria FIRS–12.72 1 ECU=195.200 Esc Slovakia AIP Slovakia 68.67 1 ECU=38.9975 SKK Slovenia AIP Slovenia 76.33 1 ECU=170.483 SIT Spain AIP Espana Madrid Barcelona FIRS–51.65 Canaries FIRS–48.50 1 ECU=161.095 Pts Sweden AIP Sweden 46.80 1 ECU=8.42542 SKr Switzerland AIP Switzerland 80.39 1 ECU=1.56306 SF Turkey AIP Turkey 48.57 1 ECU=112870.0 LT United Kingdom United Kingdom Air Pilot 75.01 1 ECU=£0.813841
.
b
For Schedule 3 thereof there shall be substituted —
SCHEDULE 3
Regulation 7
(1) (2) (3) Aerodromes of departure (or of first destination) situated Aerodromes of first destination (or of departure) Amount of the charge in ECUs
ZONE I — between W01400 and W11000 and North of N5500 with the exception of Iceland Copenhagen 512.37 Frankfurt 1157.26 London 734.66 Paris 985.12 Prestwick 384.80 ZONE II — between W04000 and W11000 and N2800 and N5500 Abidjan 164.72 Amman 2052.81 Amsterdam 725.97 Athens 1816.07 Bahrain 1886.98 Banjul 159.64 Barcelona 775.04 Basle 862.61 Belfast 184.56 Berlin 1078.82 Birmingham 408.48 Bordeaux 500.95 Bristol 405.85 Brussels 718.25 Bucharest 1481.13 Budapest 1426.09 Cairo 2083.69 Cardiff 267.01 Casablanca 355.56 Cologne-Bonn 877.40 Copenhagen 634.08 Dakar 159.51 Dublin 118.31 Düsseldorf 839.49 East Midlands 382.56 Frankfurt 954.97 Geneva 867.04 Glasgow 273.04 Gothenburg 830.28 Hamburg 910.46 Helsinki 688.78 Istanbul 1463.11 Jeddah 1970.63 Johannesburg 159.89 Kiev 1228.47 Lagos 160.40 Larnaca 1975.45 Las Palmas (Canary Islands) 499.01 Leeds and Bradford 401.57 Lille 625.48 Lisbon 389.22 London 477.82 Luxembourg 858.69 Lyons 746.46 Maastricht 767.41 Madrid 578.42 Malaga 620.98 Manchester 335.88 Manston 539.59 Marseilles 883.20 Milan 1035.01 Monrovia 159.64 Moscow 862.89 Münich 1158.68 Nantes 435.74 Naples 1407.06 Newcastle 386.44 Nice 922.97 Oporto 283.13 Oslo 297.61 Ostend 608.29 Paris 663.43 Ponta Delgada (Azores) 165.61 Prague 1189.72 Prestwick 248.46 Riyadh 1956.24 Rome 1268.48 Sal Island (Cape Verde) 159.51 Santa Maria (Azores) 177.19 Santiago 271.61 Shannon 80.56 Sofia 1410.19 Stockholm 507.63 Stuttgart 980.26 Tel-Aviv 2086.49 Tenerife 460.01 Toulouse-Blagnac 658.71 Turin 997.47 Venice 1286.05 Vienna 1344.45 Warsaw 980.30 Zürich 982.58 ZONE III — West of W11000 and between N2800 and N5500 Amsterdam 809.67 Copenhagen 581.05 Cologne-Bonn 924.03 Düsseldorf 930.09 Frankfurt 1035.24 Geneva 1122.63 Glasgow 343.55 Helsinki 617.62 London 704.95 Luxembourg 985.47 Madrid 455.81 Manchester 545.27 Milan 1293.88 Moscow 570.24 Münich 1366.84 Paris 903.88 Prestwick 343.55 Rome 1309.71 Shannon 76.74 Warsaw 650.68 Zürich 1170.58 ZONE IV — West of W04000 and between N2000 and N2800 (including Mexico) Amsterdam 747.28 Barcelona 917.79 Berlin 881.50 Brussels 719.76 Cologne-Bonn 864.18 Düsseldorf 885.92 Frankfurt 947.82 Hamburg 904.62 Helsinki 727.79 Las Palmas (Canary Islands) 595.35 Lisbon 454.87 London 497.76 Luxembourg 908.67 Madrid 609.22 Manchester 344.73 Milan 1005.67 Münich 1115.51 Paris 634.34 Prague 1164.63 Rome 1199.29 Sal Island (Cape Verde) 104.18 Salzburg 1143.67 Santa Maria (Azores) 178.21 Santiago 464.04 Shannon 169.60 Vienna 1298.65 Zürich 929.18 ZONE V — West of W04000 and between the Equator and N2000 Amsterdam 903.14 Barcelona 929.67 Basle 968.61 Berlin 1266.15 Bordeaux 823.55 Brussels 820.94 Cologne-Bonn 996.09 Copenhagen 1353.70 Düsseldorf 1022.76 Frankfurt 1046.96 Glasgow 358.15 Hamburg 1075.36 Hannover 1057.88 Helsinki 1194.20 Las Palmas (Canary Islands) 609.20 Lille 901.55 Lisbon 539.61 London 669.93 Lyons 972.76 Madrid 714.61 Manchester 406.23 Marseilles 1141.28 Milan 1117.06 Münich 1150.60 Nantes 792.62 Oporto 524.83 Paris 868.08 Porto Santo (Madeira) 346.67 Prestwick 358.15 Rome 1466.96 Salzburg 1168.93 Santa Maria (Azores) 233.16 Santiago 546.96 Shannon 277.55 Stuttgart 991.17 Tenerife 604.35 Toulouse-Blagnac 952.26 Vienna 1354.80 Zürich 1087.40
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
7th July 1997


text:
Citation and Commencement
1
This Order may be cited as the Merchant Shipping (Oil Pollution) (Pitcairn) 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 specified in the Schedule to this Order, shall extend to Pitcairn, 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 Pitcairn.
Interpretation
3
In this Order “Pitcairn” means Pitcairn, Henderson, Ducie and Oeno Islands.
Revocations
4
The following Orders, to the extent that they apply to Pitcairn, are hereby revoked —
a
The Merchant Shipping (Oil Pollution) (Overseas Territories) Order 1975 ;
b
The Merchant Shipping (Oil Pollution) (Overseas Territories) (Amendment) Order 1981 ;
c
The Merchant Shipping (Oil Pollution) (Overseas Territories) (Amendment) ( No. 2) Order 1981 ; and
d
The Merchant Shipping (Oil Pollution) (Overseas Territories) (Amendment) Order 1984 .
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Personal Equity Plan (Amendment No. 2) Regulations 1997 and shall come into force on 8th August 1997.
Interpretation
2
In these Regulations “the principal Regulations ” means the Personal Equity Plan Regulations 1989 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
1
In sub-paragraph (a) of regulation 2(1) in the definition of “company” there shall be inserted before paragraph (a) —
aa
an open-ended investment company,
.
2
For sub-paragraph (b) of regulation 2(1) there shall be substituted —
b
“authorised unit trust” means a unit trust scheme in the case of which an authorisation order made by the Securities and Investments Board under section 78 of the Financial Services Act 1986 is in force;
“fund of funds” means —
an authorised unit trust which according to the terms of the scheme is a fund of funds belonging to the category under that name established by the Securities and Investments Board, and
a part of an umbrella scheme which the terms of the scheme identify as a part that would belong to that category if it were itself an authorised unit trust, where, in either case, the terms of the scheme do not permit any of the investments subject to the trusts of the scheme to consist of units in authorised unit trusts or parts of umbrella schemes which are not securities funds or of shares in open-ended investment companies or parts of umbrella companies which are not securities companies;
“securities fund” means —
an authorised unit trust which according to the terms of the scheme is a securities fund belonging to the category under that name established by the Securities and Investments Board, and
a part of an umbrella scheme which the terms of the scheme identify as a part that would belong to that category if it were itself an authorised unit trust;
“umbrella scheme” and references to a part of an umbrella scheme shall be construed in accordance with subsection (8) of section 468 of the Taxes Act and, in relation to a part of an umbrella scheme, references to investments subject to the trusts of an authorised unit trust and to a unit holder shall be construed in accordance with subsection (9) of that section;
“unit holder”, except in relation to a part of an umbrella scheme, has the meaning given by subsection (6) of section 468 of the Taxes Act;
“unit trust scheme” has the meaning given by subsection (6) of section 468 of the Taxes Act;
“units”, in relation to an authorised unit trust, means the rights or interests (however described) of the unit holders in that authorised unit trust and, in relation to a part of an umbrella scheme, means the rights or interests for the time being of the unit holders in that part;
.
3
After sub-paragraph (b) of regulation 2(1) there shall be added —
c
“open-ended investment company” has the meaning given by subsection (10) of section 468 of the Taxes Act as that subsection is added in relation to open-ended investment companies by regulation 10(4) of the 1997 Regulations ;
“securities company” means —
an open-ended investment company which according to its instrument of incorporation is a securities company belonging to the category under that name established by the Securities and Investments Board and in respect of which an authorisation order made by that Board is in force, and
a part of an umbrella company which according to the instrument of incorporation of the company is a part which would belong to that category if it were itself an open-ended investment company in respect of which an authorisation order made by the Securities and Investments Board is in force;
“shares”, in relation to an open-ended investment company, includes shares of any class and of any denomination of a given class and, in relation to a part of an umbrella company, means shares in the company which confer for the time being rights in that part;
“umbrella company” and references to a part of an umbrella company shall be construed in accordance with subsection (18) of section 468 of the Taxes Act as that subsection is added in relation to open-ended investment companies by regulation 10(4) of the 1997 Regulations and, in relation to a part of an umbrella company, references to investments of the company shall be construed in accordance with subsection (12) of that section as so added;
“the 1997 Regulations” means the Open-ended Investment Companies (Tax) Regulations 1997 .
4
1
In regulation 4(3A) in sub-paragraph (a) after paragraph (iii) there shall be inserted —
iiia
shares or rights to shares in an open-ended investment company or a part of an umbrella company, or
iiib
units or rights to units in an authorised unit trust or a part of an umbrella scheme, or
.
2
In regulation 4(6) —
a
in sub-paragraph (c) for the words “the share certificate or other document evidencing title to a plan investment” there shall be substituted the words “, where a share certificate or other document evidencing title to a plan investment is issued, it”;
b
for sub-paragraphs (d) and (e) there shall be substituted —
d
that the plan manager shall, if the plan investor so elects, arrange for the plan investor to receive a copy of the annual report and accounts issued to investors by every company, unit trust, open-ended investment company or other entity in which he has plan investments;
e
that the plan manager shall be under an obligation (subject to any provisions made under any other enactment and if the plan investor so elects) to arrange for the plan investor to be able —
i
to attend any meetings of investors in companies, unit trusts, open-ended investment companies and other entities in which he has plan investments,
ii
to vote, and
iii
to receive, in addition to the documents referred to in sub-paragraph (d), any other information issued to investors in such companies, unit trusts, open-ended investment companies and other entities;
.
5
In regulation 5(5) —
a
in sub-paragraph (a) —
i
for the words “an authorised unit trust” there shall be substituted the words “a securities fund”;
ii
after the words “shares in” there shall be inserted the words “a securities company or”;
b
for sub-paragraph (b) there shall be substituted —
b
in units in a securities fund or a fund of funds or in shares in a securities company or an investment trust which does not satisfy the relevant condition specified in regulation 6(3), but satisfies that condition as modified by regulation 6(5), provided that immediately after such an investment is made the total market value of plan investments in such securities funds, funds of funds, securities companies and investment trusts does not exceed one quarter of the market value of the portfolio.
6
1
In regulation 6(2) —
a
in sub-paragraph (a) the words “or dealt in on the Unlisted Securities Market” shall be omitted;
b
in sub-paragraph (ab)(ii) for the word “quoted” there shall be substituted the word “listed”;
c
in sub-paragraph (b) for the words “an authorised unit trust or a fund of funds” there shall be substituted the words “a securities fund or a fund of funds, or shares in a securities company,”.
2
In regulation 6(2B) in sub-paragraphs (a), (b) and (c) for the word “quoted” there shall be substituted the word “listed”.
3
In regulation 6(3) —
a
in sub-paragraph (a) —
i
for the words “a unit trust scheme which is an authorised unit trust” there shall be substituted the words “a securities fund”;
ii
in paragraph (ii) for the word “quoted” there shall be substituted the word “listed”;
iii
after paragraph (iii) there shall be inserted —
iiia
shares in a securities company where at least 50 per cent. in value of the investments of the company are shares referred to in paragraph (i) or (ii), securities which would be qualifying securities if paragraph (2C)(c) required the terms on which they were issued to be judged at the date when they first became investments of the company and securities which would be qualifying securities if they satisfied one of the conditions specified in paragraph (2B) and paragraph (2C)(c) so required, or
iiib
units in a securities fund where at least 50 per cent. in value of the investments subject to the trusts of the scheme are shares or securities referred to in paragraph (i), (ii) or (iii), or
;
iv
in paragraph (iv) for the words “satisfying the conditions specified in paragraph (2C)” there shall be substituted the words “which would satisfy the conditions specified in paragraph (2C) (if sub-paragraph (c) of that paragraph required the terms on which they were issued to be judged at the date when they first became subject to the trusts of the scheme)”;
b
for sub-paragraph (b) there shall be substituted —
b
in the case of a fund of funds, at least 50 per cent. in value of the investments subject to the trusts of the scheme are units in a securities fund or shares in a securities company where at least 50 per cent. in value of the investments subject to the trusts of the scheme or, as the case may be, of the investments of the company are —
i
shares referred to in paragraph (i) or (ii) of sub-paragraph (a), or
ii
securities which would be qualifying securities if paragraph (2C)(c) required the terms on which they were issued to be judged at the date when they first became subject to the trusts of the securities fund or, as the case may be, investments of the securities company and securities which would be qualifying securities if they satisfied one of the conditions specified in paragraph (2B) and paragraph (2C)(c) so required;
c
after sub-paragraph (b) there shall be inserted —
ba
in the case of a securities company, at least 50 per cent. in value of the investments of the company are —
i
shares or units referred to in paragraph (i), (ii), (iiia) or (iiib) of sub-paragraph (a), or
ii
securities which would be qualifying securities if paragraph (2C)(c) required the terms on which they were issued to be judged at the date when they first became investments of the company and securities which would be qualifying securities if they satisfied one of the conditions specified in paragraph (2B) and paragraph (2C)(c) so required, or
iii
shares in, and securities which would satisfy the conditions specified in paragraph (2C) (if sub-paragraph (c) of that paragraph required the terms on which they were issued to be judged at the date when they first became investments of the company) of, an investment trust where at least 50 per cent. in value of the investments held by that trust are shares referred to in paragraph (i) or (ii) of sub-paragraph (a), securities which would be qualifying securities if paragraph (2C)(c) required the terms on which they were issued to be judged at the date when they were first held by that trust and securities which would be qualifying securities if they satisfied one of the conditions specified in paragraph (2B) and paragraph (2C)(c) so required;
d
for paragraphs (i) and (ii) of sub-paragraph (c) there shall be substituted —
i
shares or units referred to in paragraph (i), (ii), (iiia) or (iiib) of sub-paragraph (a), or
ii
securities which would be qualifying securities if paragraph (2C)(c) required the terms on which they were issued to be judged at the date when they first became investments held by the trust and securities which would be qualifying securities if they satisfied one of the conditions specified in paragraph (2B) and paragraph (2C)(c) so required, or
iii
shares in, and securities which would satisfy the conditions specified in paragraph (2C) (if sub-paragraph (c) of that paragraph required the terms on which they were issued to be judged at the date when they first became investments of the trust) of, an investment trust where at least 50 per cent. in value of the investments held by that trust are shares referred to in paragraph (i) or (ii) of sub-paragraph (a), securities which would be qualifying securities if paragraph (2C)(c) required the terms on which they were issued to be judged at the date when they were first held by that trust and securities which would be qualifying securities if they satisfied one of the conditions specified in paragraph (2B) and paragraph (2C)(c) so required.
4
In regulation 6(4) in sub-paragraph (a) for the words “authorised unit trusts” there shall be substituted the words “securities companies, securities funds”.
5
In regulation 6(5) —
a
for sub-paragraph (b) there shall be substituted —
b
by substituting for paragraphs (ii) to (iv) of sub-paragraph (a) —
ii
shares in a securities company where at least 50 per cent. in value of the investments of the company are such ordinary shares or other quoted shares;
iii
units in a securities fund where at least 50 per cent. in value of the investments subject to the trusts of the scheme are such ordinary shares or other quoted shares;
iv
shares in an investment trust where at least 50 per cent. in value of the investments held by that trust are such ordinary shares or other quoted shares;
b
for sub-paragraph (c) there shall be substituted —
c
by substituting for paragraphs (i) and (ii) of sub-paragraph (b) the words “shares referred to in paragraph (i) of sub-paragraph (a) and other quoted shares”;
c
after sub-paragraph (c) there shall be inserted —
ca
by substituting for paragraphs (i) to (iii) of sub-paragraph (ba) —
i
shares referred to in paragraph (i) of sub-paragraph (a) or other quoted shares, or
ii
shares in a securities company where at least 50 per cent. in value of the investments of the company are such ordinary shares or other quoted shares, or
iii
units in a securities fund where at least 50 per cent. in value of the investments subject to the trusts of the scheme are such ordinary shares or other quoted shares, or
iv
shares in an investment trust where at least 50 per cent. in value of the investments held by that trust are such ordinary shares or other quoted shares;
d
for sub-paragraph (d) there shall be substituted —
d
by substituting for paragraphs (i) and (ii) of sub-paragraph (c) —
i
shares referred to in paragraph (i) of sub-paragraph (a) or other quoted shares, or
ii
shares in a securities company where at least 50 per cent. in value of the investments of the company are such ordinary shares or other quoted shares, or
iii
units in a securities fund where at least 50 per cent. in value of the investments subject to the trusts of the scheme are such ordinary shares or other quoted shares, or
iv
shares in an investment trust where at least 50 per cent. in value of the investments held by that trust are such ordinary shares or other quoted shares.
7
In regulation 6A —
a
in paragraph (1) for the words “authorised unit trusts” there shall be substituted the words “securities funds”;
b
in paragraph (2)(c) for the words “authorised unit trusts” there shall be substituted the words “securities companies, securities funds”.
8
In regulation 6B(2) in sub-paragraph (a) the words “, or dealt in on the Unlisted Securities Market,” shall be omitted.
9
In regulation 16(3)(b) in paragraph (iv) after the words “regulation 4(2A)(a),” the word “and” shall be omitted and after the words “regulation 4(2A)(b)” there shall be inserted the words “and on such an allotment or allocation as is referred to in regulation 4(2A)(c)”.
10
In regulation 17(1) for sub-paragraph (a) there shall be substituted —
a
no tax shall be chargeable on the plan manager or his nominee or on the plan investor —
i
in respect of interest, dividends, distributions or gains in respect of plan investments, or
ii
on any annual profits or gains treated by section 714(2) of the Taxes Act as having been received by any of them in respect of plan investments, or
iii
on an offshore income gain to which a disposal made by any of them of a plan investment gives rise which is treated by section 761(1) of the Taxes Act as constituting profits or gains, or
iv
on a profit realised by any of them from the discount on a relevant discounted security within the meaning of Schedule 13 to the Finance Act 1996 which is held as a plan investment;
.
11
In regulation 19(5)(b) in paragraph (ii) after the words “regulation 4(2A)(a),” the word “and” shall be omitted and after the words “regulation 4(2A)(b)” there shall be inserted the words “and on such an allotment or allocation as is referred to in regulation 4(2A)(c)”.
12
1
In regulation 24A(2)(b) in paragraph (iv) after the words “regulation 4(2A)(a),” the word “and” shall be omitted and after the words “regulation 4(2A)(b)” there shall be inserted the words “and on such an allotment or allocation as is referred to in regulation 4(2A)(c)”.
2
In regulation 24A(3)(a) —
a
in paragraph (ii) for the words “authorised unit trusts” there shall be substituted the words “securities funds”;
b
after paragraph (ii) there shall be inserted —
iia
shares in securities companies,
.
13
1
In regulation 27(2) —
a
in paragraph (b) of section 104(4) of the Taxation of Chargeable Gains Act 1992 (in this regulation referred to as “the 1992 Act”) as substituted by sub-paragraph (a) for the words “or (b)” there shall be substituted the words “, (b) or (c)”;
b
in sub-paragraph (i) of paragraph (b) of section 104(4) of the 1992 Act as so substituted for the words “or (b)” there shall be substituted the words “, (b) or (c)”.
2
In regulation 27(2A) —
a
in paragraph (a) of section 107(10) of the 1992 Act as substituted for the words “or (b)” there shall be substituted the words “, (b) or (c)”;
b
in section 107(11) of the 1992 Act as substituted for the words “regulation 4(2A)(a) or (b)” there shall be substituted the words “regulation 4(2A)(a), (b) or (c)” .
3
In regulation 27(3) after the words “other qualifying shares” there shall be inserted the words “, shares in securities companies, units in funds of funds, units in securities funds”.
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
18th July 1997


text:
1
This Order may be cited as the Road Traffic Offenders (Additional Offences and Prescribed Devices) Order 1997 and shall come into force on 18th March 1997.
2
Section 20(2) of the Road Traffic Offenders Act 1988 shall be amended by the addition, after paragraph (e), of the following paragraph —
f
an offence under Part I or II of the Road Traffic Regulation Act 1984 of contravening or failing to comply with an order or regulations made under either of those Parts relating to the use of an area of road which is described as a bus lane or a route for use by buses only.
.
3
The following device is prescribed for the purposes of section 20 of the Road Traffic Offenders Act 1988 —
a camera designed or adapted to record the presence of a vehicle on an area of road which is a bus lane or a route for use by buses only.
David Maclean
Minister of State
Home Office
17th February 1997