type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Direct Labour Organisations) (Competition) (Amendment) Regulations 1997 and shall come into force on 12th December 1997.
Amendment of the Local Government (Direct Labour Organisations) (Competition) Regulations 1989
2
The Local Government (Direct Labour Organisations) (Competition) Regulations 1989 are amended —
a
by the insertion, after regulation 7A, of the following —
Exempted works contracts — schools
7B
Section 7(1) of the Act shall not apply to any contract for the carrying out of work for, or on behalf of, a school maintained by a local authority.
;
b
by the substitution, in paragraph (1) of regulation 8 (functional work), for the words “regulations 9 and 9A”, of the words “regulations 9, 9A and 9B”; and
c
by the insertion, after regulation 9A (exempted functional work: England), of the following —
Exempted functional work — schools
9B
Regulation 8 shall not apply to any functional work comprising a job carried out for, or on behalf of, a school maintained by a local authority.
.
Amendment of the Local Authorities (Direct Labour Organisations) (Competition) (Wales) Regulations 1997
3
The Local Authorities (Direct Labour Organisations) (Competition) (Wales) Regulations 1997 are amended —
a
in regulations 4 (prescribed amount for works contracts) and 6 (requirement to tender for certain works contracts), by the substitution for the words “regulation 8” of the words “regulations 8 and 8A”;
b
by the insertion, after regulation 8 (exempted works contracts), of the following —
Exempted works contracts — schools
8A
Section 7(1) of the Act shall not apply to any contract for the carrying out of work for, or on behalf of, a school maintained by a local authority.
;
c
by the substitution, in paragraph (1) of regulation 9 (regulated functional work), for the words “regulation 10”, of the words “regulations 10 and 10A”; and
d
by the insertion, after regulation 10 (exempted functional work) of the following —
Exempted functional work — schools
10A
Regulation 9 shall not apply to any functional work comprising a job carried out for, or on behalf of, a school maintained by a local authority.
.
Saving
4
These Regulations do not apply to work contracts or functional work relating to work for, or on behalf of, a school maintained by a local authority where —
a
an invitation such as is mentioned in section 7(3)(c) of the Act; or
b
an invitation such as is mentioned in section 9(4)(a) of the Act,
has been issued in respect of that work before the date on which these Regulations come into force.
Signed by authority of the Secretary of State for the Environment
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
17th November 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
18th November 1997


text:
1
This Order may be cited as the Finance Act 1997, Section 110, (Appointed Day) Order 1997.
2
The day appointed for the purposes of section 110 of the Finance Act 1997 is 2nd July 1997.
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
26th June 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Interoute Networks 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 Sheffield Development Corporation (Transfer of Property, Rights and Liabilities) Order 1997 and shall come into force on 21st March 1997.
Transfer of property, rights and liabilities
2
There are hereby transferred to the Secretary of State any property, rights and liabilities vested for the time being in the Sheffield Development Corporation.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
6th January 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Gloucester (Electoral Changes) Order 1997 and shall come into force on 7th May 1998 except that for the purpose of all proceedings preliminary or relating to any local government election to be held on or after that date it shall come into force on 10th February 1997.
2
In this Order —
“Gloucester” means the city of Gloucester;
any reference to a district ward is a reference to a ward of the city of Gloucester; and
any reference to the maps is a reference to the two maps prepared by the Department of the Environment, marked “Maps of the City of Gloucester (Electoral Changes) Order 1997”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Electoral changes: new wards
2
1
The district wards of Barnwood and Hucclecote (as constituted by the City of Gloucester (Electoral Arrangements) Order 1976 ) shall be abolished and within the area of those wards as so constituted there shall be created three new district wards (“the new wards”) with the following names —
a
Abbeymead,
b
Barnwood, and
c
Hucclecote;
and each ward shall consist of the area shown in respect of that ward on the maps.
2
Where a boundary is shown on one of the maps 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.
3
The number of councillors to be elected for each of the new wards shall be three.
4
The councillors holding office for the wards abolished by paragraph (1) shall retire on 11th May 1998.
5
Elections for the councillors for the new wards shall be held on 7th May 1998, and the councillors then elected shall come into office on 11th May 1998.
6
Subject to article 4(1) and (2), of the councillors elected for the new wards on 7th May 1998 —
a
the councillor elected by the smallest number of votes shall retire in 2000;
b
the councillor elected by the next smallest number of votes shall retire in 2002; and
c
the remaining councillor shall retire in 2003.
Electoral changes: Quedgeley ward
3
1
On and after 7th May 1998 the number of councillors to be elected for the Quedgeley ward shall be increased from two to three; elections of two councillors for the Quedgeley ward shall be held on 7th May 1998, and the councillors then elected shall come into office on 11th May 1998.
2
Subject to article 4(1) and (2), of the councillors elected for the Quedgeley ward on 7th May 1998 —
a
the councillor elected by the smaller number of votes shall retire in 2000; and
b
the other shall retire in 2002.
Electoral changes: general
4
1
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.
2
If an election of councillors is uncontested the councillor of the ward in question who is to retire in that year shall be determined by lot.
3
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.
4
Except as otherwise provided in this Order, the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary election of councillors for the city in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
27th January 1997


text:
Citation and commencement
1
1
This Order may be cited as the Air Navigation (Overseas Territories) (Amendment) Order 1997.
2
This Order shall come into force on 22nd August 1997.
Amendment of the Air Navigation (Overseas Territories) Order 1989
2
The Air Navigation (Overseas Territories) Order 1989 as amended by the Air Navigation (Overseas Territories) (Amendment) Order 1991 and by the Air Navigation (Overseas Territories) (Amendment) ( No. 2) Order 1991 and by the Air Navigation (Overseas Territories) (Amendment) Order 1992 and by the Air Navigation (Overseas Territories) (Amendment) Order 1995 shall be further amended as follows:
1
For Article 36 of the Order there shall be substituted the following:
Minimum navigation and height keeping performance
36
1
An aircraft registered in the Territory shall not fly in airspace prescribed for the purposes of this Article by Regulation 17 of Schedule 14 unless it is equipped with navigation systems which enable the aircraft to maintain the prescribed navigation performance capability.
2
An aircraft registered in the Territory shall not fly in such of the airspace prescribed for the purposes of this Article by Regulation 17 of Schedule 14 which has been notified for the purposes of this paragraph unless it is equipped with height keeping systems which enable the aircraft to maintain the prescribed height keeping performance capability.
3
a
The equipment required by paragraphs (1) and (2) shall be approved by the Governor and installed and maintained in a manner approved by the Governor.
b
The operating procedures for the equipment required by paragraphs (1) and (2) shall be approved by the Governor.
c
The equipment required by paragraphs (1) and (2) shall be operated in accordance with approved procedures while the aircraft is flying in the said airspace.
4
An approval granted by the Governor for the purposes of this Article shall be in writing and may be subject to such conditions as the Governor thinks fit.
.
2
For Regulation 17 of Schedule 14 to the Order there shall be substituted the following:
Minimum navigation and height keeping performance capability and prescribed airspace
17
1
With reference to Article 36(1) of this Order, the following navigation performance capability is hereby prescribed, that is to say, a capability to ensure that —
a
the standard deviation of lateral errors in the track of the aircraft is not more than 6.3 nautical miles; and
b
the proportion of flight time of the aircraft during which the actual track of the aircraft is 30 nautical miles or more off the track along which it has been given an air traffic control clearance to fly is less than 5.3×10 −4 and
c
the proportion of flight time of the aircraft during which the actual track of the aircraft is between 50 and 70 nautical miles off the track along which it has been given an air traffic control clearance to fly is less than 13×10 −5 .
1A
With reference to Article 36(2) of this Order, the following height keeping performance capability is hereby prescribed, that is to say, a capability to ensure that —
a
altimetry system error shall be in compliance with paragraph 2.1.1(2) of Doc 7030/4 – NAT Part 1 Rules of the Air, Air Traffic Services and Search and Rescue ( ICAO Regional Procedures Fourth Edition – 1987); and
b
i
in respect of aircraft first registered in a Contracting State on or after 1st January 1997 altitude can be automatically controlled within a tolerance band of +/−65 ft;
ii
in respect of aircraft first registered in a Contracting State before 1st January 1997 altitude can be automatically controlled within a tolerance band of +/−130 ft; and
2
For the purposes of Article 36 of this Order, the following airspace is hereby prescribed, that is to say, the airspace from flight level 285 to flight level 420 within the area defined by rhumb lines joining successively the following points —
34°10'N 17°48'W 65°00'N 60°00'W 36°30'N 15°00'W 64°00'N 63°00'W 42°00'N 15°00'W 61°00'N 63°00'W 43°00'N 13°00'W 57°00'N 59°00'W 45°00'N 13°00'W 53°00'N 54°00'W 45°00'N 08°00'W 49°00'N 51°00'W 51°00'N 08°00'W 45°00'N 51°00'W 51°00'N 15°00'W 45°00'N 53°00'W 54°00'N 15°00'W 43°36'N 60°00'W 54°34'N 10°00'W 41°52'N 67°00'W 61°00'N 10°00'W 39°00'N 67°00'W 61°00'N 00°00' 38°35'N 68°53'W 82°00'N 00°00' 38°30'N 69°15'W 82°00'N 30°00'E 38°30'N 60°00'W North Pole 27°00'N 60°00'W 82°00'N 60°00'W 27°00'N 25°00'W 78°00'N 75°00'W 30°00'N 25°00'W 76°00'N 76°00'W 30°00'N 20°00'W 65°00'N 57°45'W 31°39'N 17°25'W
thence by that part of the arc of a circle radius 100 nautical miles centred on 33°04'N 16°21'W to 34°10'N 17°48'W.
.
N. H. Nicholls
Clerk of the Privy Council


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. 3) (Human Fertilisation and Embryology) 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 81 of the Rules of the Court of Session
2
1
Subject to paragraph 4 below, Chapter 81 of the Rules of the Court of Session 1994( (applications for parental orders under the Human Fertilisation and Embryology Act 1990)( shall be amended in accordance with the following sub-paragraphs.
2
For rule 81.4 substitute –
Selection of reporting officer or curator ad litem
81.4
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.
.
3
In rule 81.11 (duties of reporting officer and of curator ad litem ) –
a
in each of paragraphs (1)(e) and 2(d), for the words “rights and duties” substitute “responsibilities and parental rights”; and
b
in paragraph (2)(e), for the word “childhood” substitute “life”.
4
Omit rule 81.13.
5
In rule 81.18(2)(a) (age of person entitled to open, or inspect contents of, process within 100 years after date of parental order), for the word “17” substitute “16”.
Amendment to Form 81.5
3
— Subject to paragraph 4 below, in the appendix to the Rules of the Court of Session 1994, in paragraph (1) of Form 81.5 (form of agreement under section 30(5) of the Human Fertilisation and Embryology Act 1990) , for the words “rights and duties” substitute “responsibilities and parental rights”.
Saving
4
— Paragraphs 2 and 3 of this Act of Sederunt shall not affect the application of Chapter 81 of the Rules of the Court of Session in relation to any parental order applied for before 1st April 1997.
Rodger of Earlsferry
Lord President, I.P.D.
Edinburgh,
12th March 1997


text:
1
1
This Order may be cited as the Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1997 and shall come into force on 1st July 1997.
2
This Order extends to England and Wales only.
3
In this Order “the principal Order ” means the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991 .
2
There shall be inserted in Schedule 1 to the principal Order, at the appropriate places in alphabetical order, the entries for those countries specified in the Schedule to this Order.
3
The Appendix set out at the end of paragraph 21(i) of Schedule 2 to the principal Order (institution of proceedings) shall be amended by the insertion, at the beginning, of the following —
Antigua & Barbuda when a person has been charged with a scheduled offence Colombia when a preliminary investigation or a formal process has begun and, in either case, a Resolution has been issued for a freezing or seizure order
.
4
A like amendment to that in article 3 above shall be made to the Appendix to section 102 of the Criminal Justice Act 1988 as set out in Schedule 3 to the principal Order.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) (No. 2) Scheme 1997 and shall come into force on 7th April 1997.
Amendment of the Workmen’s Compensation (Supplementation) Scheme 1982
2
For Article 18 of the Workmen’s Compensation (Supplementation) Scheme 1982 (sums not payable when delay in claiming) there shall be substituted the following Article —
18
An allowance shall not be payable to any person in respect of any period more than three months before the claim for the allowance is made.
.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
13th March 1997
We consent,
Patrick McLoughlin
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
13th March 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Company Accounts (Disclosure of Directors' Emoluments) Regulations 1997.
2
These Regulations shall come into force on 31st March 1997 and shall have effect as respects companies' financial years ending on or after that date.
3
In these Regulations —
“ the Act ” means the Companies Act 1985;
“Schedule 6” means Schedule 6 to the Act (disclosure of information: emoluments and other benefits of directors and others) .
Aggregate amount of directors' emoluments etc.
2
For paragraph 1 of Schedule 6 there shall be substituted the following paragraph —
Aggregate amount of directors' emoluments etc.
1
1
Subject to sub-paragraph (2), the following shall be shown, namely —
a
the aggregate amount of emoluments paid to or receivable by directors in respect of qualifying services;
b
the aggregate of the amount of gains made by directors on the exercise of share options;
c
the aggregate of the following, namely —
i
the amount of money paid to or receivable by directors under long term incentive schemes in respect of qualifying services; and
ii
the net value of assets (other than money and share options) received or receivable by directors under such schemes in respect of such services;
d
the aggregate value of any company contributions paid, or treated as paid, to a pension scheme in respect of directors' qualifying services, being contributions by reference to which the rate or amount of any money purchase benefits that may become payable will be calculated; and
e
in the case of each of the following, namely —
i
money purchase schemes; and
ii
defined benefit schemes,
the number of directors (if any) to whom retirement benefits are accruing under such schemes in respect of qualifying services.
2
In the case of a company which is not a listed company —
a
sub-paragraph (1) shall have effect as if paragraph (b) were omitted and, in paragraph (c)(ii), ‘assets’ did not include shares; and
b
the number of each of the following (if any) shall be shown, namely —
i
the directors who exercised share options; and
ii
the directors in respect of whose qualifying services shares were received or receivable under long term incentive schemes.
3
In this paragraph ‘emoluments’ of a director —
a
includes salary, fees and bonuses, sums paid by way of expenses allowance (so far as they are chargeable to United Kingdom income tax) and, subject to paragraph (b), the estimated money value of any other benefits received by him otherwise than in cash; but
b
does not include any of the following, namely —
i
the value of any share options granted to him or the amount of any gains made on the exercise of any such options;
ii
any company contributions paid, or treated as paid, in respect of him under any pension scheme or any benefits to which he is entitled under any such scheme; or
iii
any money or other assets paid to or received or receivable by him under any long term incentive scheme.
4
In this paragraph ‘long term incentive scheme’ means any agreement or arrangement under which money or other assets may become receivable by a director and which includes one or more qualifying conditions with respect to service or performance which cannot be fulfilled within a single financial year; and for this purpose the following shall be disregarded, namely —
a
bonuses the amount of which falls to be determined by reference to service or performance within a single financial year;
b
compensation for loss of office, payments for breach of contract and other termination payments; and
c
retirement benefits.
5
In this paragraph —
‘amount’, in relation to a gain made on the exercise of a share option, means the difference between —
the market price of the shares on the day on which the option was exercised; and
the price actually paid for the shares;
‘company contributions’, in relation to a pension scheme and a director, means any payments (including insurance premiums) made, or treated as made, to the scheme in respect of the director by a person other than the director;
‘defined benefits’ means retirement benefits payable under a pension scheme which are not money purchase benefits;
‘defined benefit scheme’, in relation to a director, means a pension scheme which is not a money purchase scheme;
‘listed company’ means a company —
whose securities have been admitted to the Official List of the Stock Exchange in accordance with the provisions of Part IV of the Financial Services Act 1986 ; or
dealings in whose securities are permitted on any exchange which is an approved exchange for the purposes of that Part;
‘money purchase benefits’, in relation to a director, means retirement benefits payable under a pension scheme the rate or amount of which is calculated by reference to payments made, or treated as made, by the director or by any other person in respect of the director and which are not average salary benefits;
‘money purchase scheme’, in relation to a director, means a pension scheme under which all of the benefits that may become payable to or in respect of the director are money purchase benefits;
‘net value’, in relation to any assets received or receivable by a director, means value after deducting any money paid or other value given by the director in respect of those assets;
‘qualifying services’, in relation to any person, means his services as a director of the company, and his services while director of the company —
as director of any of its subsidiary undertakings; or
otherwise in connection with the management of the affairs of the company or any of its subsidiary undertakings;
‘shares’ means shares (whether allotted or not) in the company, or any undertaking which is a group undertaking in relation to the company, and includes a share warrant as defined by section 188(1);
‘share option’ means a right to acquire shares;
‘value’, in relation to shares received or receivable by a director on any day, means the market price of the shares on that day.
6
For the purposes of this paragraph —
a
any information, other than the aggregate amount of gains made by directors on the exercise of share options, shall be treated as shown if it is capable of being readily ascertained from other information which is shown; and
b
emoluments paid or receivable or share options granted in respect of a person’s accepting office as a director shall be treated as emoluments paid or receivable or share options granted in respect of his services as a director.
7
Where a pension scheme provides for any benefits that may become payable to or in respect of any director to be whichever are the greater of —
a
money purchase benefits as determined by or under the scheme; and
b
defined benefits as so determined,
the company may assume for the purposes of this paragraph that those benefits will be money purchase benefits, or defined benefits, according to whichever appears more likely at the end of the financial year.
8
For the purpose of determining whether a pension scheme is a money purchase or defined benefit scheme, any death in service benefits provided for by the scheme shall be disregarded.
Details of highest paid director’s emoluments etc.
3
1
For paragraphs 2 to 6 of Schedule 6 there shall be substituted the following paragraph —
Details of highest paid director’s emoluments etc.
2
1
Where the aggregates shown under paragraph 1(1)(a), (b) and (c) total £200,000 or more, the following shall be shown, namely —
a
so much of the total of those aggregates as is attributable to the highest paid director; and
b
so much of the aggregate mentioned in paragraph 1(1)(d) as is so attributable.
2
Where sub-paragraph (1) applies and the highest paid director has performed qualifying services during the financial year by reference to which the rate or amount of any defined benefits that may become payable will be calculated, there shall also be shown —
a
the amount at the end of the year of his accrued pension; and
b
where applicable, the amount at the end of the year of his accrued lump sum.
3
Subject to sub-paragraph (4), where sub-paragraph (1) applies in the case of a company which is not a listed company, there shall also be shown —
a
whether the highest paid director exercised any share options; and
b
whether any shares were received or receivable by that director in respect of qualifying services under a long term incentive scheme.
4
Where the highest paid director has not been involved in any of the transactions specified in sub-paragraph (3), that fact need not be stated.
5
In this paragraph —
‘accrued pension’ and ‘accrued lump sum’, in relation to any pension scheme and any director, mean respectively the amount of the annual pension, and the amount of the lump sum, which would be payable under the scheme on his attaining normal pension age if —
he had left the company’s service at the end of the financial year;
there were no increase in the general level of prices in Great Britain during the period beginning with the end of that year and ending with his attaining that age;
no question arose of any commutation of the pension or inverse commutation of the lump sum; and
any amounts attributable to voluntary contributions paid by the director to the scheme, and any money purchase benefits which would be payable under the scheme, were disregarded;
‘the highest paid director’ means the director to whom is attributable the greatest part of the total of the aggregates shown under paragraph 1(1)(a), (b) and (c);
‘normal pension age’, in relation to any pension scheme and any director, means the age at which the director will first become entitled to receive a full pension on retirement of an amount determined without reduction to take account of its payment before a later age (but disregarding any entitlement to pension upon retirement in the event of illness, incapacity or redundancy).
6
Sub-paragraphs (4) to (8) of paragraph 1 apply for the purposes of this paragraph as they apply for the purposes of that paragraph.
2
Nothing in paragraph 58(2) of Schedule 4 to the Act (corresponding amounts to be shown for previous financial year) shall apply to any amount which, in relation to a financial year of a company ending before 31st March 1998, is shown by virtue of paragraph 2(2) of Schedule 6 as substituted by paragraph (1) above.
Excess retirement benefits of directors and past directors
4
For paragraph 7 of Schedule 6 there shall be substituted the following paragraph —
Excess retirement benefits of directors and past directors
7
1
Subject to sub-paragraph (2), there shall be shown the aggregate amount of —
a
so much of retirement benefits paid to or receivable by directors under pension schemes; and
b
so much of retirement benefits paid to or receivable by past directors under such schemes,
as (in each case) is in excess of the retirement benefits to which they were respectively entitled on the date on which the benefits first became payable or 31st March 1997, whichever is the later.
2
Amounts paid or receivable under a pension scheme need not be included in the aggregate amount if —
a
the funding of the scheme was such that the amounts were or, as the case may be, could have been paid without recourse to additional contributions; and
b
amounts were paid to or receivable by all pensioner members of the scheme on the same basis;
and in this sub-paragraph ‘pensioner member’, in relation to a pension scheme, means any person who is entitled to the present payment of retirement benefits under the scheme.
3
In this paragraph —
a
references to retirement benefits include benefits otherwise than in cash; and
b
in relation to so much of retirement benefits as consists of a benefit otherwise than in cash, references to their amount are to the estimated money value of the benefit;
and the nature of any such benefit shall also be disclosed.
Compensation to directors for loss of office
5
1
In sub-paragraph (2)(b) of paragraph 8 of Schedule 6 (compensation to directors for loss of office), the words from “and shall distinguish” to the end shall be omitted.
2
For sub-paragraph (4) of that paragraph there shall be substituted the following sub-paragraphs —
4
In this paragraph, references to compensation for loss of office include the following, namely —
a
compensation in consideration for, or in connection with, a person’s retirement from office; and
b
where such a retirement is occasioned by a breach of the person’s contract with the company or with a subsidiary undertaking of the company —
i
payments made by way of damages for the breach; or
ii
payments made by way of settlement or compromise of any claim in respect of the breach.
5
Sub-paragraph (6)(a) of paragraph 1 applies for the purposes of this paragraph as it applies for the purposes of that paragraph.
Minor and consequential amendments
6
1
For subsection (3) of section 246 of the 1985 Act (special provisions for small companies) there shall be substituted the following subsection —
3
The company’s individual accounts for the year —
a
may give the total of the aggregates required by paragraphs (a), (c) and (d) of paragraph 1(1) of Schedule 6 (emoluments and other benefits etc. of directors) instead of giving those aggregates individually; and
b
need not give the information required by —
i
paragraph 4 of Schedule 5 (financial years of subsidiary undertakings);
ii
paragraph 1(2)(b) of Schedule 6 (numbers of directors exercising share options and receiving shares under long term incentive schemes);
iii
paragraph 2 of Schedule 6 (details of highest paid director’s emoluments etc.); or
iv
paragraph 7 of Schedule 6 (excess retirement benefits of directors and past directors).
2
In paragraph 10 of Schedule 6 (supplementary) —
a
in sub-paragraph (1), for the words “paragraphs 1, 7, 8 and 9” there shall be substituted the words “this Part of this Schedule”, and
b
sub-paragraph (3) shall be omitted.
3
In paragraph 11(1) of that Schedule, for the words “paragraphs 1, 7, 8 and 9” there shall be substituted the words “this Part of this Schedule”.
4
In sub-paragraph (2) of paragraph 13 of that Schedule (interpretation), the words “(including any provision of this Part of this Schedule referring to paragraph 1)” shall be omitted.
5
For sub-paragraph (3) of that paragraph there shall be substituted the following sub-paragraph —
3
The following definitions apply —
a
‘pension scheme’ has the meaning assigned to ‘retirement benefits scheme’ by section 611 of the Income and Corporation Taxes Act 1988 ;
b
‘retirement benefits’ has the meaning assigned to relevant benefits by section 612(1) of that Act.
John M. Taylor,
Parliamentary Under-Secretary of State for Corporate and Consumer Affairs,
Department of Trade and Industry
4th March 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997 and this regulation shall come into force on 1st April 1997.
2
In so far as these Regulations amend provisions relating to income support or jobseeker’s allowance, these Regulations shall come into force on 7th April 1997 and, in relation to any particular claimant for either of those benefits, these Regulations shall have effect from the first day of the first benefit week to commence for that claimant on or after that date.
3
In paragraph (2) above, the expression “benefit week” shall have the same meaning as in paragraph (1) of regulation 2 of the Income Support Regulations or, where appropriate, in paragraph (3) of regulation 1 of the Jobseeker’s Allowance Regulations .
4
In so far as these Regulations amend provisions relating to council tax benefit, these Regulations shall come into force on 1st April 1997.
5
In so far as these Regulations amend provisions relating to housing benefit —
a
in any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, these Regulations shall come into force on 1st April 1997;
b
in any other case, these Regulations shall come into force on 7th April 1997.
6
In so far as these Regulations amend provisions relating to family credit or disability working allowance, these Regulations shall come into force on 8th April 1997 and, in relation to any particular claimant for either of those benefits, these Regulations shall have effect where a claimant has an award of family credit or disability working allowance which is current on 7th April 1997, on the day following the expiration of that award.
7
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
Income-related benefits and jobseeker’s allowance: disregard of certain income other than earnings
2
1
At the end of Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings), there shall be added the following paragraphs —
62
Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968 .
63
1
Any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 except to the extent that the loan has been applied for and paid in respect of living expenses for the period of education and training supported by that loan and those expenses relate to any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
3
For the purposes of this paragraph, “ordinary clothing and footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities.
.
2
At the end of Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings), there shall be added the following paragraphs —
62
Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968.
63
1
Any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 except to the extent that the loan has been applied for and paid in respect of living expenses for the period of education and training supported by that loan and those expenses relate to any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
3
For the purposes of this paragraph —
“ordinary clothing and footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities; and
“rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions).
.
3
In Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 15B —
i
in sub-paragraph (1) —
aa
in head (c), after the words “occupational pension of his”, there shall be inserted the words “, or of any income from a personal pension scheme or a retirement annuity contract of his,”;
bb
for the words “or pensions” there shall be substituted the words “, pensions or income”;
ii
for sub-paragraph (2) there shall be substituted the following sub-paragraph —
2
Where a claimant is entitled to pensions or income referred to in sub-paragraph (1) from more than one source, all such pensions and income to which he is entitled shall be aggregated for the purposes of that sub-paragraph.
;
iii
in sub-paragraph (3), for the words “occupational pension” there shall be substituted the words “pension or income referred to in sub-paragraph (1)”;
b
at the end there shall be added the following paragraphs —
58
Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968.
59
1
Subject to paragraph 60, any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 except to the extent that the loan has been applied for and paid in respect of living expenses for the period of education and training supported by that loan and those expenses relate to any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
3
For the purposes of this paragraph, “ordinary clothing and footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities.
60
Any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 where the period of education and training supported by that loan has been completed.
61
1
Any payment specified in sub-paragraph (2) to a claimant who was formerly a student and who has completed the course in respect of which those payments were made.
2
The payments specified for the purposes of sub-paragraph (1) are —
a
any grant income and covenant income as defined for the purposes of Chapter VIII of Part V;
b
any loan made pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 or article 3 of the Education (Student Loans) (Northern Ireland) Order 1990 .
.
4
In Schedule 7 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 16A —
i
in sub-paragraph (1) —
aa
in head (c), after the words “occupational pension of his”, there shall be inserted the words “, or of any income from a personal pension scheme of his,”;
bb
for the words “or pensions” there shall be substituted the words “, pensions or income”;
ii
for sub-paragraph (2) there shall be substituted the following sub-paragraph —
2
Where a claimant is entitled to pensions or income referred to in sub-paragraph (1) from more than one source, all such pensions and income to which he is entitled shall be aggregated for the purposes of that sub-paragraph.
;
iii
in sub-paragraph (3), for the words “occupational pension” there shall be substituted the words “pension or income referred to in sub-paragraph (1)”;
b
at the end there shall be added the following paragraphs —
56
Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968.
57
1
Subject to paragraph 58, any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 except to the extent that the loan has been applied for and paid in respect of living expenses for the period of education and training supported by that loan and those expenses relate to any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs) or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
3
For the purposes of this paragraph, “ordinary clothing and footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities.
58
Any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 where the period of education and training supported by that loan has been completed.
59
1
Any payment specified in sub-paragraph (2) to a claimant who was formerly a full-time student and who has completed the course in respect of which those payments were made.
2
The payments specified for the purposes of sub-paragraph (1) are —
a
any grant income and covenant income as defined for the purposes of Chapter IX of Part VIII;
b
any loan made pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 or article 3 of the Education (Student Loans) (Northern Ireland) Order 1990.
.
5
At the end of the Schedules specified in paragraph (6) of this regulation (sums to be disregarded in the calculation of income other than earnings), there shall be added the following paragraphs bearing the specified respective paragraph numbers —
Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968.
.
1
Any Career Development Loan paid to the claimant pursuant to section 2 of the Employment and Training Act 1973 except to the extent that the loan has been applied for and paid in respect of living expenses for the period of education and training supported by that loan and those expenses relate to any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or housing costs of any member of the family or any personal community charge, collective community charge contribution or any council tax for which any member of the family is liable.
3
For the purposes of this paragraph, “ordinary clothing and footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities.
.
6
The respective paragraph numbers and Schedules for the purposes of paragraph (5) of this regulation are —
a
paragraphs 55 and 56 of Schedule 3 to the Disability Working Allowance Regulations;
b
paragraphs 57 and 58 of Schedule 2 to the Family Credit Regulations.
7
In paragraph 22 of Schedule 2 to the Family Credit Regulations, in sub-paragraph (2)(a), for the figure “27(2)” there shall be substituted the figure “27”.
Income-related benefits and jobseeker’s allowance: capital treated as income
3
1
In paragraph (1) of regulation 41 of the Income Support Regulations (capital treated as income), after the sum “£8,000” there shall be inserted the words “or, in a case where regulation 45(b) applies, £16,000”.
2
In paragraph (1) of regulation 104 of the Jobseeker’s Allowance Regulations (capital treated as income), after the sum “£8,000” there shall be inserted the words “or, in a case where regulation 107(b) applies, £16,000”.
3
There shall be added as —
a
paragraph (4) of regulation 25 of the Council Tax Benefit Regulations;
b
paragraph (3) of regulation 28 of the Disability Working Allowance Regulations;
c
paragraph (4) of regulation 34 of the Housing Benefit Regulations;
d
paragraph (3) of regulation 25 of the Family Credit Regulations;
e
paragraph (6) of regulation 41 of the Income Support Regulations;
f
paragraph (5) of regulation 104 of the Jobseeker’s Allowance Regulations,
the following paragraph —
Any Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 shall be treated as income.
.
Income support and jobseeker’s allowance: definition of housing benefit expenditure
4
1
For the definition of “housing benefit expenditure” in paragraph (1) of regulation 2 of the Income Support Regulations there shall be substituted the following definition —
“housing benefit expenditure” means expenditure in respect of which housing benefit is payable as specified in regulation 10(1) of the Housing Benefit (General) Regulations 1987 but does not include any such expenditure in respect of which an amount is applicable under regulation 17(1)(e) or 18(1)(f) (housing costs);
.
2
For the definition of “housing benefit expenditure” in paragraph (3) of regulation 1 of the Jobseeker’s Allowance Regulations (interpretation) there shall be substituted the following definition —
“housing benefit expenditure” means expenditure in respect of which housing benefit is payable as specified in regulation 10(1) of the Housing Benefit (General) Regulations 1987 but does not include any such expenditure in respect of which an amount is applicable under regulation 83(f) or 84(1)(g) (housing costs);
.
Income support and jobseeker’s allowance: treatment of Career Development Loans and calculation of income and capital of students
5
1
In regulation 29 of the Income Support Regulations (calculation of earnings derived from employed earner’s employment and income other than earnings) —
a
in paragraph (2), for the words “paragraphs (3) and (4A) to (4D)” there shall be substituted the words “the following provisions of this regulation”;
b
after paragraph (2), there shall be inserted the following paragraphs —
2A
The period over which a Career Development Loan, which is paid pursuant to section 2 of the Employment and Training Act 1973, shall be taken into account shall be the period of education and training intended to be supported by that loan.
2B
Where grant income as defined in Chapter VIII of this Part has been paid to a person who ceases to be a student before the end of the period in respect of which that income is payable and, as a consequence, the whole or part of that income falls to be repaid by that person, that income shall be taken into account over the period beginning on the date on which that income is treated as paid under regulation 31 and ending —
a
on the date on which repayment is made in full; or
b
on the last date of the academic term or vacation during which that person ceased to be a student,
whichever shall first occur.
.
2
After paragraph (2) of regulation 94 of the Jobseeker’s Allowance Regulations (calculation of earnings derived from employed earner’s employment and income other than earnings), there shall be inserted the following paragraphs —
2A
The period over which a Career Development Loan, which is paid pursuant to section 2 of the Employment and Training Act 1973, shall be taken into account shall be the period of education and training intended to be supported by that loan.
2B
Where grant income as defined in Chapter IX of this Part has been paid to a person who ceases to be a full-time student before the end of the period in respect of which that income is payable and, as a consequence, the whole or part of that income falls to be repaid by that person, that income shall be taken into account over the period beginning on the date on which that income is treated as paid under regulation 96 and ending —
a
on the date on which repayment is made in full; or
b
on the last date of the academic term or vacation during which that person ceased to be a full-time student,
whichever shall first occur.
.
Income support and jobseeker’s allowance: calculation of weekly amount of income
6
1
After paragraph (6) of regulation 32 of the Income Support Regulations (calculation of weekly amount of income) there shall be added the following paragraph —
6A
Where income is taken into account under paragraph (2B) of regulation 29 over the period specified in that paragraph, the amount of that income to be taken into account in respect of any week in that period shall be an amount equal to the amount of that income which would have been taken into account under regulation 62 had the person to whom that income was paid not ceased to be a student.
.
2
After paragraph (6) of regulation 97 of the Jobseeker’s Allowance Regulations (calculation of weekly amount of income) there shall be inserted the following paragraph —
7
Where income is taken into account under paragraph (2B) of regulation 94 over the period specified in that paragraph, the amount of that income to be taken into account in respect of any week in that period shall be an amount equal to the amount of that income which would have been taken into account under regulation 131 had the person to whom that income was paid not ceased to be a full-time student.
.
Income support and jobseeker’s allowance: calculation of income other than earnings
7
1
After paragraph (3A) of regulation 40 of the Income Support Regulations (calculation of income other than earnings) there shall be inserted the following paragraph —
3B
In the case of income to which regulation 29(2B) applies (calculation of income of former students), the amount of income to be taken into account for the purposes of paragraph (1) shall be the amount of that income calculated in accordance with regulation 32(6A) and on the basis that none of that income has been repaid.
.
2
After paragraph (5) of regulation 103 of the Jobseeker’s Allowance Regulations (calculation of income other than earnings) there shall be inserted the following paragraph —
5A
In the case of income to which regulation 94(2B) applies (calculation of income of former full-time students), the amount of income to be taken into account for the purposes of paragraph (1) shall be the amount of that income calculated in accordance with regulation 97(7) and on the basis that none of that income has been repaid.
.
Income support and jobseeker’s allowance: calculation of tariff income from capital
8
In both regulation 53 of the Income Support Regulations and regulation 116 of the Jobseeker’s Allowance Regulations (calculation of tariff income from capital) —
a
in paragraph (1B) —
i
in sub-paragraph (a), the words “, or residential accommodation” and “or accommodation” shall be omitted;
ii
after sub-paragraph (c) there shall be inserted the following sub-paragraph —
d
residential accommodation.
;
b
in sub-paragraph (a) of paragraph (1C), for the words “(a) or (b)” there shall be substituted the words “(a), (b) or (d)”.
Income support: notional capital
9
In paragraph (3) of regulation 51 of the Income Support Regulations (notional capital), in sub-paragraph (a)(i), for the words “or a war widow’s pension” there shall be substituted the words “, war widow’s pension or a pension payable to a person as a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 in so far as that Order is made under the Naval and Marine Pay and Pensions Act 1865 or the Pensions and Yeomanry Pay Act 1884 , or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or who have died in consequence of service as members of the armed forces of the Crown,”.
Income support: description of Greater London area
10
In Schedule 3C to the Income Support Regulations (the Greater London area), in paragraph (a), for the word “Barking” there shall be substituted the words “Barking and Dagenham”.
Housing benefit and council tax benefit: recoverable overpayments and excess benefit
11
In both paragraph (3) of regulation 99 of the Housing Benefit Regulations (recoverable overpayments) and paragraph (3) of regulation 84 of the Council Tax Benefit Regulations (recoverable excess benefit), for the words “or something done or omitted to be done”, there shall be substituted the words “, whether in the form of an act or omission,”.
Housing benefit: circumstances in which payment is to be made to a landlord
12
In regulation 93 of the Housing Benefit Regulations (circumstances in which payment is to be made to a landlord) —
a
after “ 93 ” there shall be inserted “ — (1)”;
b
after the words “Subject to” there shall be inserted the words “paragraph (2) and”;
c
at the end there shall be inserted the following paragraph —
2
Any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 94 (circumstances in which payment may be made to a landlord) shall be to discharge, in whole or in part, the liability of the claimant to pay rent to that landlord in respect of the dwelling concerned, except in so far as —
a
the claimant had no entitlement to the whole or part of that rent allowance so paid to his landlord; and
b
the overpayment of rent allowance resulting was recovered in whole or in part from that landlord.
.
Housing benefit: circumstances in which payment may be made to a landlord
13
At the end of paragraph (2) of regulation 94 of the Housing Benefit Regulations (circumstances in which payment may be made to a landlord), there shall be inserted the words “and paragraph (2) of that regulation shall have effect for the purposes of this regulation”.
Housing benefit: ineligible service charges
14
1
Paragraph 1A of Schedule 1 to the Housing Benefit Regulations (ineligible service charges) shall be amended in accordance with the following paragraphs.
2
In sub-paragraph (2) at the beginning there shall be inserted the words “Subject to sub-paragraph (3A),”.
3
In sub-paragraph (3) after the word “applies” there shall be inserted the words “and subject to sub-paragraph (3A)”.
4
After sub-paragraph (3) there shall be inserted the following sub-paragraph —
3A
For the purposes of sub-paragraphs (2)(b) and (3)(b), a person attains the age of 16 on the first Monday in September following his 16th birthday.
.
Council tax benefit: maximum council tax benefit
15
In paragraph (3) of regulation 51 of the Council Tax Benefit Regulations (maximum council tax benefit), after the words “other persons,” there shall be inserted the words “but excepting any person so residing with the claimant who is a student to whom regulation 40(2) (students who are excluded from council tax benefit) applies,”.
Disability working allowance: reviews
16
For paragraph (1) of regulation 66 of the Social Security (Adjudication) Regulations 1995 (review in disability working allowance cases) there shall be substituted the following paragraph —
1
Where a claim for disability working allowance has been refused and a further claim for disability working allowance is made within the period prescribed under section 30(1) of the Administration Act and is accordingly treated as an application for review in accordance with section 30(13) of that Act, then if that further claim results in an award of disability working allowance, the decision on review shall have effect from the date on which the further claim is made.
.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
16th January 1997


text:
Commencement and citation
1
This Order may be cited as The A406 Trunk Road (Brent) Red Route (Prohibited Turn) Traffic Order 1997, and shall come into force on 26th April 1997.
Interpretation
2
In this Order —
a
cause includes permit;
b
a reference to an article followed by a number is a reference to the article of this Order so numbered.
Prohibited turn
3
Subject to the provisions of article 4 no person shall cause any vehicle proceeding north-east in the A406 North Circular Road to make a right turn into Brentfield Road.
4
Nothing in article 3 shall apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Revocation of existing order
5
The A406 Trunk Road (Brent) Red Route (Prescribed Route) Experimental Traffic Order 1995 is hereby revoked.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
18th April 1997


text:
Citation and commencement
1
These Regulations may be cited as the Friendly Societies (Insurance Business) (Amendment) Regulations 1997 and shall come into force on 21st April 1997.
Amendment of 1994 Regulations
2
In sub-paragraph (a) of paragraph (3) of regulation 31 of the Friendly Societies (Insurance Business) Regulations 1994 after the words “within a period” there shall be inserted the words “not exceeding the period”.
In witness whereof the common seal of the Friendly Societies Commission is hereunto fixed, and is authenticated by me, a person authorised under paragraph 13 of Schedule 1 to the Friendly Societies Act 1992 on
B F D’Silva
17th March 1997.
We consent.
Patrick Mcloughlin
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
18th March 1997


text:
1
This Order may be cited as the Protection from Harassment Act 1997 (Commencement) (No. 1) Order 1997.
2
Sections 1, 2, 4, 5 and 7 to 12 of the Protection from Harassment Act 1997 shall come into force on 16th June 1997.
Alun Michael
Minister of State
Home Office
4th June 1997


text:
PART I
Preliminary
Citation and commencement
1
This Order may be cited as the Western Isles Council (Brevig) Harbour Revision Order 1997 and shall come into force on 3rd February 1997.
Interpretation
2
1
In this Order, unless the context otherwise requires–
“the authorised works” means the works authorised by this Order, or as the case may require any part thereof, and includes any work constructed pursuant to article 7 (Subsidiary works) below;
“ the Council ” means the Western Isles Council;
“the deposited plan” and “the deposited sections” means the plan and sections signed on behalf of the Secretary of State and marked “Plan and sections referred to in the Western Isles Council (Brevig) Harbour Revision Order 1997” of which copies are deposited at the offices of the Secretary of State for Scotland, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY (Tel: 0131 244 6063) and with the Council at Sandwick Road, Stornoway, Isle of Lewis, HS1 2BW;
“the level of high water” means the level of mean high water springs;
“the limit of deviation” means the limit of deviation shown on the deposited plan;
“tidal work” means so much of any authorised work as is on, under or over tidal waters or tidal lands below the level of high water; and
“the 1993 Order ” means the Western Isles Islands Council (Brevig) Harbour Empowerment Order 1993 .
2
All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order shall be construed as if the words “or thereabouts” were inserted after each situation, point, direction, distance, length, dimension, area or other measurement.
3
Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid Reference points.
4
Unless the context otherwise requires, any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.
PART II
Works
Power to construct works
3
Subject to the provisions of this Order, the Council may, within the limit of deviation shown on the deposited plan and according to the levels shown on the deposited sections, construct, execute and maintain the works hereinafter described, together with all necessary works and conveniences connected therewith, in the Coll Electoral Division, parish of Stornoway on the island of Lewis in the Western Isles Area–
Work No. 1
An access channel excavated from the rock sea bed, commencing at a point in the existing access channel at reference point NB 148261 938947, extending south west for a distance of 55 metres to reference point NB 148213 938922 then south for 45 metres and terminating at reference point NB 148226 938882, and in conjunction with this excavation, the removal of part of the existing concrete wall, toe wall and rock armour.
Work No. 2
A rubble mound breakwater protected on its external faces by rock armour commencing at reference point NB 148322 938975 by a reconstruction of the existing breakwater, extending across the mouth of the existing access channel and extending south west along the southern side of Work No. 1 to reference point NB 148234 938915 including, where it adjoins Work No 1, a concrete sea wall.
Work No. 3
An extension of the existing reclaimed area on the western side of Brevig Harbour, comprising a broadly rectangular infilled area protected on its seaward face by rock armour between reference points NB 148130 939055, NB 148147 939022, NB 148147 939000, NB 148199 938952, NB 148220 938963 and NB 148233 938962, and, in conjunction with this infill, a reconstruction of the head of the existing entrance breakwater.
Authorisation of existing infill
4
The Council may retain and maintain the existing area of infill shown cross hatched on the deposited plan and it shall be deemed for the purpose of this Order or any other enactment to be a work authorised by this Order.
Power to renew, etc. , works
5
Subject to the provisions of this Order the Council may, within the limit of deviation, renew, replace, or otherwise alter temporarily or permanently the authorised works.
Power to deviate
6
Subject to the provisions of this Order, in the construction or execution of the authorised works the Council may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limit of deviation, and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 2 metres upwards or downwards.
Subsidiary works
7
Subject to the provision of this Order the Council for the purposes of or in connection with the authorised works may within the limit of deviation construct, execute and maintain all such subsidiary or incidental works and conveniences as may be necessary or expedient for or in connection with the authorised works.
Works deemed to be within Western Isles Area
8
So much of any work constructed or placed pursuant to this Order and of the existing area of infill referred to in article 4 above as is not within the Western Isles Area shall be deemed for all purposes to be within that area.
Tidal works not to be executed without approval of Secretary of State
9
1
A tidal work shall not be constructed, executed, renewed, replaced or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, executed, renewed, replaced or altered in contravention of this article–
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition, and if, on the expiration of 30 days from the date when the notice is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary to do so, he may himself remove the tidal work or part of it and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Lights on tidal works during construction
10
1
The Council shall at or near a tidal work during the whole time of the construction, execution, renewal, replacement or alteration thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation, as the Secretary of State may from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Permanent lights on tidal works
11
1
After the completion of a tidal work the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Survey of tidal works
12
The Secretary of State may at any time he deems it expedient order a survey and examination of a tidal work or of the site upon which it is proposed to construct and execute the work and any expenditure incurred by him in such survey or examination shall be recoverable from the Council.
Provision against danger to navigation
13
1
In case of injury to or destruction or decay of a tidal work or any part thereof the Council shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Council fail to notify the Commissioners of Northern Lighthouses as required by this article or to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
14
1
Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work authorised by this Order consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Council, they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Council.
PART III
Miscellaneous
Authorised works to form part of undertaking
15
The authorised works shall for all purposes form part of the undertaking as defined in the 1993 Order and accordingly Parts II and III and article 34 of the 1993 Order shall have effect as if the authorised works formed part of the harbour at Brevig referred to in that enactment.
Crown rights
16
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing, nothing in this Order authorises the Council to take, use, enter upon or in any manner interfere with, any land or interest in land (including any portion of the shore or bed of the sea or of any river channel, creek, bay or estuary) or any rights of whatsoever description–
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally, or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Raymond S Robertson
Parliamentary Under Secretary of State Scottish Office
St Andrew’s House,
Edinburgh
28th January 1997


text:
Citation and commencement
1
These Regulations may be cited as The Cider and Perry (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
Amendment of the Cider and Perry Regulations 1989
2
1
The Cider and Perry Regulations 1989 shall be amended as follows.
2
In regulation 11(1) —
a
for the words “the time it is sent out of those cider premises” there shall be substituted the following —
the earlier of the following times —
the time it is consumed at those premises; or
the time it is sent out from those premises;
and
b
for “remitted.” in subparagraph (b) there shall be substituted “remitted;” and after that subparagraph there shall be inserted —
c
where the time of consumption of cider at cider premises cannot be established to the Commissioners' satisfaction (for the purposes of determining the appropriate rate of duty in relation to the excise duty point specified by subparagraph (i) above), the rate of duty shall be taken to be the highest rate in force during the preceding 12 calendar months ending on the day before the time when the Commissioners can, for the first time, make an assessment of the excise duty due (as governed by section 12 of the Finance Act 1994 ) in respect of that consumption.
.
3
In regulation 13(c) the following shall be inserted after the word “premises” —
for any reason (other than the reason that the cider was consumed at those premises)
.
4
In regulation 23(1)(b) for the words “the the” there shall be substituted the word “the”.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
7th March 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 1997 and shall come into force on 21st March 1997.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Clinical Negligence Scheme) Regulations 1996 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation), for the definition of “relevant function” there shall be substituted the following: —
“relevant function” means the function of providing services in England for the purposes of the National Health Service Act 1977 or by virtue of section 7 of the Health and Medicines Act 1988 or under paragraph 14 or 15 of Schedule 2 to the Act;
.
Amendment of regulation 3 of the principal Regulations
3
In regulation 3(1) of the principal Regulations (eligible bodies) the words from “whose functions” to the end of the paragraph shall be omitted.
Amendment of regulation 9 of the principal Regulations
4
In regulation 9 of the principal Regulations (payments under the Scheme) —
a
in paragraph (1), for the words “a qualifying liability falls to be met by any member” there shall be substituted the words “a payment falls to be made by any member in connection with a claim in respect of a qualifying liability,”;
b
in paragraph (2)(d) —
i
after head (ii) there shall be inserted the following new head: —
iia
any payment which falls to be made by a member in consequence of that member having agreed, without the prior consent in writing of the Secretary of State, to be bound by the determination of any person or body as to the making of a payment by that member in respect of a qualifying liability,
,
ii
in head (iii), after the word “payment” there shall be inserted the words “, other than one to which head (iia) above applies,”;
c
in paragraph (3) for sub-paragraph (d) there shall be substituted the following sub-paragraphs: —
d
where, otherwise than in the course of legal proceedings —
i
a member has agreed to make a payment in settlement of a claim, the amount of that payment,
ii
a member has agreed to make any contribution towards legal or associated costs incurred by a person in connection with that person’s claim against the member in respect of a qualifying liability, the amount of that contribution,
and the amount of any legal or associated costs incurred by the member in connection with the claim; or
e
where a member has agreed to be bound by the determination of any person or body as to the making of a payment by that member in respect of a qualifying liability, the amount of the payment and the amount of any legal or associated costs incurred by either party in connection with the claim.
.
Gerald Malone
Minister of State,
Department of Health
21st February 1997
We consent,
Roger Knapman
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
27th February 1997


text:
1
1
These Regulations may be cited as the European Parliamentary Elections (Amendment) Regulations 1997.
2
These Regulations shall come into force on the expiry of seven days after the day on which they are made.
3
These Regulations do not extend to Northern Ireland.
2
1
Regulation 5 (application of certain provisions for the purposes of European Parliamentary elections) of the European Parliamentary Elections Regulations 1986 is amended as follows.
2
In paragraph (1) the words from “The entry in” to the end of that paragraph are hereby revoked.
3
In paragraph (2) the words from “The entries in” to the end of that paragraph are hereby revoked.
4
In paragraph (7) after the words “the references in” there is inserted “section 6(2A) and”.
3
The European Parliamentary Elections (Amendment) Regulations 1992 and regulation 2 of the European Parliamentary Elections (Amendment) Regulations 1994 are hereby revoked.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
16th March 1997


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Friendly Societies (Amendment) Regulations 1997 and shall come into force on 1st January 1998.
2
These Regulations extend to Northern Ireland.
Interpretation
2
1
In these Regulations —
“the 1992 Act ” means the Friendly Societies Act 1992 ;
“the commencement date” means 1st January 1998.
2
In these Regulations expressions which are also used in the 1992 Act have the same meanings as in that Act.
AMENDMENTS OF THE 1992 ACT
Substitution of “ EEA State” for “Member State”
3
In subsection (7)(c)of section 67B (statutory notice), subsection (2)(a)(i) of section 87 (actuary’s report as to margain of solvency), subsection (1)(a)(i) of section 88 (actuary’s report on transfer of long term business) and section 119B (meaning of “main agent”) of, and Schedules 13B (recognition in other EEA States of friendly societies), 13C (information for members of friendly societies) and 15, Part II (amalgamations, transfers of engagements and conversions) to the 1992 Act for the words “member State” and “a member State,” wherever they occur, there shall be substituted “EEA State” and “an EEA State” respectively.
Substitution of “EEA States” for “European Community”
4
In subsection (1)(a)(i) and (b)(i) of section 41 (withdrawal of authorisation), and subsection (5) of section 52A (prohibition on disposal of assets) of the 1992 Act substitute “EEA States” for “European Community”.
Consequential Repeals of the 1992 Act
5
The provisions of the 1992 Act specified in the Schedule to these Regulations are repealed to the extent specified in the Schedule.
MISCELLANEOUS AND SUPPLEMENTAL
Amendment of the Friendly Societies (Insurance Business) Regulations 1994
6
In the Friendly Societies (Insurance Business) Regulations 1994 , regulation 55 is revoked and, in regulations 56 and 58, for the words “member State” and “a member State”, wherever they occur there shall be substituted “EEA State” and “an EEA State” respectively and, in regulation 58(2), the words “or EEA State” shall be omitted.
Transitional Provisions
7
1
If a friendly society to which section 37(2) or (3) of the 1992 Act applies was immediately before the commencement date lawfully providing insurance of any class or part of a class in an EEA State which is not a member State, it shall be treated for the purposes of the 1992 Act as if the requirements of paragraph 5 of Schedule 13B to that Act have been complied with in relation to insurance business of that class or part of a class provided in that State.
2
If a friendly society to which section 37(2) or (3) of the 1992 Act applies was immediately before the commencement date lawfully carrying on direct insurance business of a class or part of a class through an overseas branch in an EEA State which is not a member State, it shall be treated for the purposes of the 1992 Act as if the requirements of paragraph 1 of Schedule 13B to that Act have been complied with in relation to insurance business of that class or part of a class carried on in that State.
In witness whereof the common seal of the Friendly Societies Commission is hereunto fixed, and is authenticated by me, a person authorised under paragraph 13 of Schedule 1 to the Friendly Societies Act 1992, on
Michael Cook
Secretary to the Commission
1st December 1997.


text:
Title and commencement
1
These Regulations may be cited as the Novel Foods and Novel Food Ingredients (Fees) Regulations 1997 and shall come into force on 16th June 1997.
Interpretation
2
In these Regulations —
“Minister” means the Minister of Agriculture, Fisheries and Food.
Circumstances in which a fee is payable and payment thereof
3
Any person who, pursuant to Article 4.1 of Regulation ( EC ) No. 258/97 of the European Parliament and of the Council, concerning novel foods and novel food ingredients , and regulation 3 (requests relating to novel foods or novel food ingredients and designation of food assessment body) of the Novel Foods and Novel Food Ingredients Regulations 1997 , submits to the Minister a request relating to a novel food or novel food ingredient, shall, at the time he submits that request, pay to the Minister, in connection with the services provided by him acting jointly with the Secretary of State for Health as the food assessment body for the purposes of that Regulation, the appropriate fee prescribed in regulation 4 below.
Prescribed Fees
4
1
In respect of a request relating to any application involving a genetically modified organism for which an environmental risk assessment is required the fee payable shall be £6,500.
2
In respect of a request relating to any other application the fee payable shall be £4,000.
3
In respect of a request for an opinion as to substantial equivalence the fee payable shall be £1,725.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
22nd May 1997
We consent,
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
19th May 1997


text:
1
1
This Order may be cited as the Education Act 1996 (Commencement No. 2 and Appointed Day) Order 1997.
2
In this Order “ the Act ” means the Education Act 1996.
2
1
Section 528 of the Act in its application to England shall come into force on 1st August 1997.
2
The following provisions of the Act shall come into force on 1st September 1997 —
Section 8.
Section 348.
Part II of Schedule 37 and section 582(1) so far as relating thereto.
Part II of Schedule 38 and section 582(2) so far as relating thereto.
3
1st September 1997 is hereby appointed for the purposes of section 517(6) of the Act and that day is appointed for all the provisions referred to in that subsection and for all purposes.
Andrew Smith
Minister of State
Department for Education and Employment
30th June 1997


text:
Title and commencement
1
This Order may be cited as the Third Country Fishing (Enforcement) Order 1997 and shall come into force on 9th April 1997.
Interpretation
2
1
In this Order “a relevant Community provision” means a provision of a regulation of the European Community referred to in column 1 of the Schedule to this Order which is specified in column 2 thereof, opposite the reference to that regulation.
2
In this Order any reference to a logbook or other document includes, in addition to a logbook or document in writing —
a
any map, plan, graph or drawing;
b
any photograph;
c
any disk, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
d
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
Offences
3
Where there is, in respect of any fishing boat to which a relevant Community provision applies, a contravention of, or failure to comply with, that provision within British fishery limits, the master, the owner and the charterer (if any) of that boat shall each be guilty of an offence.
Penalties
4
1
A person guilty of an offence under article 3 of this Order founded on a contravention of, or failure to comply with, a relevant Community provision, shall be liable —
a
on summary conviction to a fine not exceeding the amount specified in the appropriate entry in column 4 of the Schedule to this Order; or
b
on conviction on indictment to a fine.
2
A person guilty of an offence under article 3 of this Order founded on a contravention of, or failure to comply with —
a
a relevant Community provision to which paragraph (3) below applies shall also be liable —
i
to the forfeiture of any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence, or which was used for catching any fish in respect of which the offence was committed; and
ii
to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed; or
b
a relevant Community provision to which paragraph (4) below applies shall also be liable to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed.
3
This paragraph applies to Articles 1, 2(1), 3(1) and 4 of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and Articles 1, 2(1) and 3(1) of the Council Regulation referred to in paragraph 2 of the Schedule to this Order.
4
This paragraph applies to Article 2(2) of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and Article 2(2) of the Council Regulation referred to in paragraph 2 of the Schedule to this Order.
Recovery of fines
5
1
Where a fine is imposed by a magistrates’ court in England and Wales or Northern Ireland on the master or a member of the crew of a fishing boat who is convicted by the court of an offence under article 3 or 10 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under article 3 or 10 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates’ Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates’ Courts (Northern Ireland) Order 1981 (postponement of issue of and stay of execution of certain warrants and objections as to want of form or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing the provisions of article 3 of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) of this article in relation to any fishing boat to which a relevant Community provision applies, which is within British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether an offence has been committed under article 3 of this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search including rendering all documents on the boat’s computer systems into a visible and legible form;
d
inspect and take copies of any such document produced to him or found on board and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (e) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 3 of this Order has at any time been committed, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
1
For the purpose of enforcing the provisions of article 3 of this Order, any British sea-fishery officer may —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether an offence under article 3 of this Order has at any time been committed;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed an offence under article 3 of this Order, search the premises for any such document and may require any person on the premises to do anything which appears to him to be necessary for facilitating the search including rendering all documents on the boat’s computer systems into a visible and legible form;
h
inspect and take copies of any such document produced to him or found on the premises and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
i
if he has reason to suspect that such an offence has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.
2
The provisions of paragraph (1) above shall apply mutatis mutandis in relation to any land used in connection with any of the activities described in paragraph (1) above, or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
Powers of British sea-fishery officers to seize fish and fishing gear
8
1
Any British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) and any net or other fishing gear in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order founded on a contravention of, or failure to comply with, a relevant Community provision to which paragraph (2) below applies has been committed;
b
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order founded on a contravention of, or failure to comply with, a relevant Community provision to which paragraph (3) below applies has been committed.
2
This paragraph applies to Articles 1, 2(1), 3(1) and 4 of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and Articles 1, 2(1) and 3(1) of the Council Regulation referred to in paragraph 2 of the Schedule to this Order.
3
This paragraph applies to Article 2(2) of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and Article 2(2) of the Council Regulation referred to in paragraph 2 of the Schedule to this Order.
Protection of officers
9
An officer or a person assisting him by virtue of article 6(2) or 7(1)(b) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by article 6, 7 or 8 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
10
Any person who, on any fishing boat which is within British fishery limits and to which a relevant Community provision applies —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 6, 7 or 8 of this Order; or
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
assaults or intentionally obstructs an officer who is exercising any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Proceedings
11
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Admissibility in evidence of logbooks and other documents
12
Any logbook or other document kept on board or held in pursuance of a relevant Community provision shall, in any proceedings for an offence under this Order —
a
in England, Wales or Northern Ireland, be evidence of the matters stated therein; and
b
in Scotland, be received in evidence without being produced or sworn to by any witness and shall be sufficient evidence of the matters stated therein.
Revocation and saving
13
The Third Country Fishing (Enforcement) Order 1996 is hereby revoked, but without prejudice to the application of articles 6 to 10 of that Order in relation to the enforcement of article 3 of that Order.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
10th March 1997
Raymond Robertson
Parliamentary Under Secretary of State, Scottish Office
10th March 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
10th March 1997
Sir Patrick Mayhew
Secretary of State for Northern Ireland
17th March 1997


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 2) Order 1997 and shall come into force on 1st September 1997.
2
The Education (School Teachers' Pay and Conditions) (No. 2) Order 1996 and the Education (School Teachers' Pay and Conditions) Order 1997 are hereby revoked.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the School Teachers' Pay and Conditions Act 1991) in England and Wales.
School Teachers' Pay and Conditions
3
It is hereby directed that the provisions set out in the document published by Her Majesty’s Stationery Office and entitled “School Teachers' Pay and Conditions Document 1997” shall have effect from 1st September 1997.
Stephen Byers
Minister of State,
Department for Education and Employment
23rd July 1997


text:
Citation and commencement
1
1
This Order may be cited as the Financial Services Act 1986 (Restriction of Scope of Act and Meaning of Collective Investment Scheme) Order 1997.
2
This Order shall come into force on 6th February 1997.
2
1
In section 75(6)(l) of the Financial Services Act 1986 , for “paragraphs 34 to 36” there shall be substituted “paragraphs 34 to 37”.
2
In Schedule 1 to that Act, after paragraph 36 there shall be inserted —
37
For the purposes of this Schedule, arrangements are not a collective investment scheme if —
a
the purpose of the arrangements is that participants should receive, by way of reward, payments or other benefits in respect of the introduction by any person of other persons who become participants;
b
the arrangements are such that the payments or other benefits referred to in paragraph (a) above are to be wholly or mainly funded out of the contributions of other participants; and
c
the only reason why the arrangements have either or both of the characteristics mentioned in section 75(3) of this Act is because, pending their being used to fund those payments or other benefits, contributions of participants are managed as a whole by or on behalf of the operator of the scheme.
Bowen Wells
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
13th January 1997