text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Reserve Forces (Call-out and Recall) (Exemption Etc.) Regulations 1997 and shall come into force on 1st April 1997.
General interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Reserve Forces Act 1996 ;
“adjudication officer” means a person appointed by or in accordance with the directions of the Secretary of State or the Defence Council to determine applications under these Regulations;
“application” means an application under regulation 3 or 4 below;
“call-out notice” means a notice calling out a reservist for relevant service;
“employer” means any person who is an employer of a reservist on the relevant date, including —
a reservist who is self-employed;
a partnership within the meaning of the Partnership Act 1890 of which the reservist is a partner;
a company of which the reservist is a director other than a non-executive director;
a Secretary of State or government department or any officer or body exercising on behalf of the Crown functions conferred by any statute, for whom a reservist works as a Crown servant;
a person who is a former employer of the reservist within the meaning of the Reserve Forces (Safeguard of Employment) Act 1985 ;
a person who has entered into a contract of employment with the reservist but for whom the reservist has not yet started working;
“recall notice” means a notice recalling a reservist for relevant service;
“relevant date” means, subject to paragraph (2) below —
the date of service or deemed service of a notice under which a reservist is called out or recalled for relevant service;
the date on which a reservist is deemed to have been called out under section 59(5) or recalled under 71(5) respectively of the 1996 Act; or
where a deferral of a reservist’s obligation to present himself for service in pursuance of a call-out or recall notice has been granted under these Regulations, the date on which that deferral ceases to have effect;
“relevant service” means permanent service —
under Part IV, V, VI or VII of the 1996 Act; or
by a transitional member of a reserve force called out or recalled under the Reserve Forces Act 1980 or under any other call-out or recall obligations of an officer,
in respect of which an application is made;
“reservist” means a person called out or recalled for relevant service.
2
Where a person is performing relevant service and the date on which he is entitled to be released or discharged has been postponed under section 45(6), 53(3), (7) or (11), 55(3), (7) or (11), 57(3) or (7), 61 or 69(3) or (6) (as the case may be) of the 1996 Act, the “relevant date” means the day on which he would otherwise have been entitled to be released or discharged from that service.
PART II
APPLICATIONS FOR EXEMPTIONS ETC.
Individual exemptions etc. from call-out
3
1
Where a reservist has been served with a call-out notice other than a notice under Part V of the 1996 Act, but has not been accepted into service, the reservist or an employer may apply for any of the following —
a
the deferral of the reservist’s obligation to present himself for service in pursuance of that notice;
b
the revocation of that notice;
c
if the notice was served under Part IV of the 1996 Act, an exemption from liability to be called out under that Part or Part VI;
d
if the original notice was served under Part VI or any other power to call out the reservist, an exemption from liability to be called out on the authority of —
i
the call-out order or other power specified in that notice,
ii
any other call-out order made under any provision of Part VI;
e
if the original notice was served under Part VI and the reservist has entered into a special agreement, an exemption from liability to be called out under Part IV.
2
Where a reservist has been served with a call-out notice under Part V but has not been accepted into service, the reservist may apply for —
a
the deferral of his obligation to present himself for service in pursuance of that notice;
b
the revocation of that notice;
c
an exemption from liability to be called out under Part V.
3
Where a reservist has been accepted into service in pursuance of a call-out notice other than a notice under Part V of the 1996 Act, a call-out order or any other power, the reservist or an employer may apply for any of the following —
a
a determination that the reservist is entitled to be released from his current period of relevant service;
b
if the reservist is serving under Part IV, an exemption from liability to be called out under that Part or Part VI;
c
if he is serving under Part VI or any other power, an exemption from any liability to be called out on the authority of —
i
the call-out order or other power under which he is currently serving,
ii
any other call-out order made under Part VI;
d
if a determination is given that he is entitled to be released from service under Part VI but he remains liable to be called out under Part IV, an exemption from that liability.
4
Where a reservist has been accepted into service under Part V, he may apply for —
a
a determination that he is entitled to be released from his current period of relevant service;
b
an exemption from liability to be called out under Part V.
Individual exemptions etc. from recall
4
1
Where a reservist has been served with a recall notice but has not been accepted into service, the reservist or an employer may apply for any of the following —
a
the deferral of the reservist’s obligation to present himself for service in pursuance of that notice;
b
the revocation of that notice;
c
an exemption from liability to be recalled on the authority of the recall power specified in the recall notice or any other recall power.
2
Where a reservist has been accepted into service in pursuance of a recall notice, a recall order or any other power to recall him the reservist or an employer may apply for any of the following —
a
a determination that the reservist is entitled to be released from service or discharged;
b
an exemption from his liability to be recalled on the authority of the recall power specified in the original notice or any other recall power.
Grounds for applications
5
The adjudication officer may grant a deferral or exemption or an entitlement to revocation, release or discharge, as the case may be, under regulation 3 or 4 above on an application by —
a
a reservist if the adjudication officer is satisfied that any of the grounds specified in paragraph 1 of Schedule 1 is made out;
b
an employer if the adjudication officer is satisfied that any of the grounds specified in paragraph 2 of Schedule 1 is made out.
Matters to be taken into account by adjudication officers
6
In determining an application an adjudication officer shall take into account, in addition to the grounds for the application, the matters specified in Schedule 2.
Effect of determinations
7
1
A determination by an adjudication officer shall provide for the terms on which any deferral, revocation, determination of entitlement to release or discharge or any exemption shall be granted (including any limitations or conditions subject to which it shall be granted);
2
A determination by an adjudication officer may provide for —
a
a determination of entitlement to release or discharge or an exemption to take effect immediately or at such other time as may be specified in the determination or exemption;
b
a deferral or exemption to lapse at such time, at the end of such period or on the occurrence of such event as may be specified in the deferral or exemption;
c
a determination of entitlement to release or discharge which does not take effect immediately to lapse as mentioned in sub-paragraph (b) above;
d
a person released from service under Part IV of the 1996 Act in pursuance of a determination of entitlement to release to be treated for the purposes of section 31(3) as if he had not been in that service and released;
e
a person released from service under Part VI of the 1996 Act in pursuance of a determination of entitlement to release to be treated for the purposes of section 31(1)(d) as if he had not been in that service.
3
A deferral or exemption, or any determination under paragraph (2)(c) above, shall not remain in force for more than 12 months from the day on which it takes effect.
4
Where on an application an adjudication officer grants an exemption from the reservist’s liability to present himself for service or a deferral of such liability, the person who made the application may by written notice to the adjudication officer consent to such exemption or deferral ceasing to have effect.
PART III
PROCEDURE FOR THE DETERMINATION OF APPLICATIONS
Time limits for applications
8
1
An application may not be made —
a
before the relevant date;
b
more than 7 days after the relevant date, except with the leave of the adjudication officer.
2
Leave to make an application after the time specified in paragraph (1)(b) above shall only be granted where —
a
the applicant did not know of any grounds for the application, and could not reasonably have discovered them, until after that time; or
b
in the case of an application by an employer, the fact of —
i
service or deemed service on the reservist of a notice calling out or recalling him for service, or
ii
acceptance into service under section 59(5) or 71(5) respectively of the 1996 Act, or
iii
postponement under section 45(6), 53(3), (7) or (11), 55(3), (7) or (11), 57(3) or (7), 61 or 69(3) or (6) of the 1996 Act of the reservist’s entitlement to be released or discharged,
did not come to the employer’s attention until after that time,
and the application was made promptly after the applicant had become aware of those grounds or that fact.
Person to whom applications made
9
1
An application shall be made to the person specified in Schedule 3.
2
The person to whom an application has been made shall, if he is not an adjudication officer, immediately pass that application to an adjudication officer.
Procedure for applications and provision of information
10
1
Any step required to be taken by an applicant under this Part may be taken by any person authorised for this purpose by the applicant.
2
Subject to paragraph (5) below, an application shall be made in writing.
3
A reservist shall —
a
on making an application provide the information specified in paragraph 1(1) of Schedule 4;
b
within 7 days of making an application provide such information as is required by paragraph 1(2) of Schedule 4 to support the grounds on which he is making his application.
4
An employer shall on making an application provide the information specified in paragraph 2 of Schedule 4.
5
A reservist may make an oral application but that application shall lapse unless the information required under paragraph (3)(a) above is provided in writing within the time limited in regulation 8(1)(b) or (2) above for the making of an application.
6
An adjudication officer may require any person to provide such further information in connection with the application as the adjudication officer may at any time reasonably require.
7
A person who has furnished information under this regulation shall notify the adjudication officer of —
a
any inaccuracy in, or change to, that information; or
b
any event,
which could materially affect the application, no later than 7 days after the inaccuracy, change or event came to that person’s attention.
Determination of applications and notification of determinations
11
1
The adjudication officer shall consider an application promptly and in accordance with the relevant provisions of these Regulations and shall within 2 days of making his determination give written notification of his determination to the person who made the application.
2
Every such notification shall contain a statement —
a
giving reasons for the determination;
b
that the person who made the application may, if he is dissatisfied with the determination, appeal against it to a reserve forces appeal tribunal, and giving the address to which such an appeal should be sent.
Additional powers of adjudication officers
12
An adjudication officer may —
a
treat the requirement to provide information under regulation 10(3) or (4) above as having been satisfied if he already has that information when the application is made;
b
reject an application if the person making it fails without reasonable excuse to provide information which he is required to provide under regulation 10 above;
c
treat a claim for financial assistance under regulations made pursuant to sections 83 and 84 of the 1996 Act as an application under these Regulations;
d
review his determination at any time until the beginning of the hearing by a reserve forces appeal tribunal of an appeal against that determination.
Effect of a person’s ceasing to be an employer on a determination
13
1
This regulation applies where on an application by an employer an adjudication officer has made a determination granting —
a
deferral of or exemption from a reservist’s liability for relevant service; or
b
release or discharge of a reservist from relevant service.
2
Where the person who made the application ceases to be an employer in relation to that reservist —
a
the determination shall cease to have effect on that day;
b
that person shall within 7 days of ceasing to be such an employer so inform the adjudication officer.
PART IV
MISCELLANEOUS PROVISIONS
Method of sending or delivering documents, etc.
14
1
Any document required by these Regulations to be sent or delivered to any person shall be duly sent or delivered if it is —
a
sent to him by post at his proper address;
b
sent to him at his proper address by facsimile machine or other means which produce a document containing a text of the communication, in which event the document shall be regarded as sent when it is received in a legible form; or
c
delivered to him or left at his proper address.
2
The proper address of —
a
an adjudication officer shall be as specified in accordance with Schedule 3;
b
an applicant shall be that provided in accordance with regulation 10 above and Schedule 4, or such other address as the applicant may subsequently notify the adjudication officer in writing as being his address for correspondence;
c
any other person to whom any document is required by these Regulations to be sent or delivered shall be his last known address.
Time
15
Where the time prescribed by these Regulations for doing any act expires on a Saturday, Sunday or public holiday, the act shall be in time if done on the next following day which is not a Saturday, Sunday or public holiday.
Nicholas Soames
Minister of State for the Armed Forces
19th February 1997


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (North Kent Marshes) Designation (Amendment) Order 1997 and shall come into force on 1st July 1997.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (North Kent Marshes) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Rates of payment under agreement
4
In article 6 of the principal Order —
a
in paragraph (1), for the amount “£115” there shall be substituted the amount “£130”;
b
in paragraph (2), in the table, in the right hand column —
i
for the figure “£165” there shall be substituted the figure “£180”, and
ii
for the figure “£260” there shall be substituted the figure “£265”.
Amendment to Schedule
5
In Schedule 4 (conservation plan operations) to the principal Order, in paragraph 3, before the word “restoration” there shall be inserted the words “creation or”.
Saving
6
The amendments made to the principal Order by article 4 of this Order shall not apply in respect of any annual payment made to a farmer which relates wholly or in part to any period before 1st April 1997.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th June 1997
We consent,
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 1997


text:
Citation and commencement
1
These Regulations may be cited as the Genetically Modified Organisms (Deliberate Release and Risk Assessment-Amendment) Regulations 1997 and shall come into force on 25th August 1997.
Amendment of Regulations — Deliberate Release
2
1
The Genetically Modified Organisms (Deliberate Release) Regulations 1992 are amended as follows.
2
In paragraph (1) of regulation 10 (consent to market products) there is added at the end the following subparagraph —
e
the marketing of a novel food or novel food ingredient within the scope of Regulation ( EC ) No 258/97 of the European Parliament and of the Council
.
3
For Schedule 2 to the Genetically Modified Organisms (Deliberate Release) Regulations 1992 there is substituted the Schedule 2 set out in the Schedule to these Regulations.
Amendment of Regulations — Risk Assessment
3
In paragraph (2) of regulation 3 of the Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations 1996 , there is added at the end the following sub-paragraph —
e
are or are contained in a novel food or novel food ingredient which is authorised for marketing in accordance with the provisions of Regulation (EC) No 258/97 of the European Parliament and of the Council .
Signed by authority of the Secretary of State for the Environment
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
28th July 1997
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
29th July 1997
Signed by authority of the Secretary of State for the Welsh Office
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
30th July 1997
Sewel
Parliamentary Under-Secretary of State, Scottish Office
30th July 1997


text:
Commencement and citation
1
This Order may be cited as The A4 Trunk Road (Hammersmith & Fulham and Kensington & Chelsea) Red Route Experimental Traffic Order 1997, and shall come into force on 5th December 1997.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 4, 5(1), 6, 7(1), 7(2), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road or on an area of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road or on an area of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road or on an area of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road or on an area of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3 (1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Hammersmith & Fulham (Waiting and Loading Restriction) Order 1993 and the Kensington & Chelsea (Waiting and Loading Restriction) (No 2) Order 1994 are hereby suspended, in so far as their provisions relate to any part of the trunk road red route
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Hammersmith & Fulham (Waiting and Loading Restriction) Order 1993 or the Kensington & Chelsea (Waiting and Loading Restriction) (No 2) Order 1994 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
20th November 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the BBC Home Service Transfer Scheme (Capital Allowances) Order 1997 and shall come into force on 19th March 1997.
2
In this Order —
a
“ the Act ” means the Broadcasting Act 1996;
b
“the 1990 Act ” means the Capital Allowances Act 1990 ;
c
“the BBC” means the British Broadcasting Corporation;
d
“ Castle ” means the company registered with the name of Castle Transmission Services Limited and with the registration number 3196207, being a wholly-owned subsidiary of the BBC;
e
“the Transfer Day ” means 27th February 1997; and
f
“the Transfer Scheme ” means the scheme made by the BBC on 24th February 1997 pursuant to section 131(1) of the Act and with the approval of the Secretary of State given on 26th February 1997 pursuant to section 132(1) of the Act.
Machinery and Plant
2
1
For the purposes of Part II of the 1990 Act (capital allowances in respect of machinery and plant), Castle shall be treated as having incurred on the Transfer Day capital expenditure of the amount specified in column (2) of the relevant Part of the Schedule to this Order on the acquisition of the machinery and plant which are transferred to Castle in accordance with the Transfer Scheme and described in column (1) of the relevant Part of the Schedule to this Order, and which, by virtue of paragraph 14(1)(a) of Schedule 7 to the Act, are to be treated as if they had been acquired by Castle on the Transfer Day for the purposes for which they are, or have been, used by Castle on and after the Transfer Day.
2
In this article, “the relevant Part” means, with respect to machinery and plant which is so installed or otherwise fixed in or to a building or any other description of land transferred in accordance with the Transfer Scheme to Castle as to become, in law, part of that building or other land, being a building or land which is leased by Castle to the BBC by any lease granted in pursuance of an obligation imposed by a provision contained in the Transfer Scheme by virtue of paragraph 2(1)(g) of Schedule 5 to the Act, Part I, and with respect to other machinery and plant, Part II.
Leased Fixtures
3
In respect of each of the leases granted by the BBC to Castle, or by Castle to the BBC, in pursuance of an obligation imposed by a provision contained in the Transfer Scheme by virtue of paragraph 2(1)(g) of Schedule 5 to the Act where such leases are either
a
leases in relation to which the conditions in paragraphs (a) and (b) of section 55(1) of the 1990 Act (expenditure incurred by incoming lessee: transfer of allowances) are fulfilled; or
b
leases in relation to which the conditions in paragraphs (a), (c) and (d) of section 56 of the 1990 Act (expenditure incurred by incoming lessee: lessor not entitled to allowances) are fulfilled,
Castle or, as the case may be, the BBC, shall be deemed for the purposes of Part II of that Act to have given as consideration for that lease a capital sum of nil.
Agricultural Buildings
4
Where there is transferred to Castle in accordance with the Transfer Scheme property which is the relevant interest in relation to any expenditure for which the BBC would be entitled to an allowance under Part V of the 1990 Act (capital allowances in respect of agricultural buildings) apart from section 128 of that Act, the expenditure which, by virtue of paragraph (b) of section 129(3) of the 1990 Act, is to be treated as the expenditure in respect of which Castle is entitled to the allowances mentioned in that paragraph shall be nil (without any reduction or addition under that paragraph).
Virginia Bottomley
Secretary of State for National Heritage
26th February 1997
We consent,
Patrick McLoughlin
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
26th February 1997


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (North Circular Road, Ealing) Red Route (Prescribed Turns) Traffic Order 1997, and shall come into force on 29th August 1997.
Interpretation
2
In this Order —
a
causing includes permitting; and cause shall be construed accordingly;
b
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
c
“Hanger Lane” means the A406 Trunk Road so named in the London Borough of Ealing;
d
“Chatsworth Road”, “Beaufort Road”, “Audley Road” and “Corringway” means the roads so named in the London Borough of Ealing.
Prescribed Turns
3
Subject to the provisions of article 4, no person shall cause a vehicle proceeding in:
a
Chatsworth Road (south arm);
b
the unnamed road lying between Chatsworth Road (south arm) and Beaufort Road and opposite Priory Cottages;
c
Beaufort Road;
d
Audley Road; or
e
Corringway — in the London Borough of Ealing
to turn in any direction other than left on reaching the junction with A406 Hanger Lane.
4
The provisions of article 3 shall not 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 or variation of existing Orders
5
The A406 Trunk Road (North Circular Road, Ealing) Red Route (Prescribed Turns No. 2) Experimental Traffic Order 1996 is hereby revoked.
TRO 320
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
18th August 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Shropshire Cable & Telecoms Limited) Order 1997 and shall come into force on 7th January 1998.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche
Parliamentary Under-Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
3rd December 1997


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


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing) Regulations 1997 and shall come into force on the day after the day on which they are made.
Interpretation
2
1
In these Regulations —
“appropriate portion” has the meaning given by regulation 7;
“restriction on working rights”, in relation to any land, means that there is imposed on the land in question a restriction which has the effect that —
the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste;
the depth to which operations for the winning and working of minerals may extend;
the height of any deposit of mineral waste;
the rate at which any particular mineral may be extracted;
the rate at which any particular mineral waste may be deposited;
the period at the expiry of which any winning and working of minerals or depositing of mineral waste is to cease; or
the total quantity of minerals which may be extracted from, or of mineral waste which may be deposited on, the land,
is restricted or reduced.
2
In these Regulations any reference to a numbered section or Schedule is a reference to the section or Schedule bearing that number in the Town and Country Planning Act 1990.
Compensation following modification of planning permission
3
1
Where an order is made under section 97 (power to revoke or modify planning permission) modifying planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste, no compensation is payable if the conditions specified in paragraph (2) are met.
2
The conditions specified in this paragraph are —
a
that the order does not —
i
impose any restriction on working rights; or
ii
modify or replace any such restriction, other than a restoration or aftercare condition, subject to which the planning permission was granted or which was imposed by an earlier modification, discontinuance or prohibition order;
b
i
that the planning permission was granted not less than five years before the day on which the order was made; or
ii
that the planning permission which is modified by the order was granted before 22nd February 1982; and
c
that in respect of the land to which the order under section 97 relates, within the period of five years immediately preceding the day on which that order was made, —
i
the mineral planning authority have not made any other modification order, or any discontinuance or prohibition order, and
ii
no application under paragraph 2 of Schedule 2 to the Planning and Compensation Act 1991 or under Schedule 13 or 14 to the Environment Act 1995 to determine conditions was finally determined.
Compensation following discontinuance order
4
1
Where an order is made under paragraph 1 (orders requiring discontinuance of mineral working) of Schedule 9, no compensation is payable if the conditions specified in paragraph (2) are met.
2
The conditions specified in this paragraph are —
a
that the order does not —
i
impose any restriction on working rights; or
ii
modify or replace any such restriction, other than a restoration or aftercare condition, subject to which the planning permission was granted or which was imposed by an earlier modification, discontinuance or prohibition order;
b
that the order —
i
imposes a condition on the continuance of the use of the land; or
ii
requires the alteration or removal of any buildings, works, plant or machinery used in connection with the development;
c
that the development was begun not less than five years before the day on which the order was made; and
d
that in respect of the land to which the order under paragraph 1 of Schedule 9 relates, and within the period of five years immediately preceding the day on which that order was made, —
i
the mineral planning authority have not made any other discontinuance order, or any modification or prohibition order, and
ii
no application under paragraph 2 of Schedule 2 to the Planning and Compensation Act 1991 or under Schedule 13 or 14 to the Environment Act 1995 to determine conditions was finally determined.
Compensation following prohibition order
5
1
Where an order is made under paragraph 3 (prohibition of resumption of mineral working) of Schedule 9 prohibiting the resumption of the winning and working of minerals or the depositing of mineral waste, and the conditions specified in paragraph (2) are met —
a
section 115 shall apply subject to the modification described in paragraph (3); and
b
the amount to be paid by way of compensation shall be assessed in accordance with section 115 (as so modified) and section 117 and then abated by the deduction of the appropriate portion of the sum of £7,800.
2
The conditions specified in this paragraph are —
a
that the development was begun not less than five years before the day on which the order was made; and
b
that the mineral planning authority have not made any other prohibition order, or any discontinuance or modification order, in respect of the land to which the order under paragraph 3 of Schedule 1 relates within the period of five years immediately preceding the day on which that order was made.
3
The modification referred to in paragraph (1) is the substitution, for subsections (2) and (3) of section 115, of the following subsections —
2
If on a claim made to the mineral planning authority within the time and in the manner prescribed by regulations under this Act it is shown that a person with an interest in the land to which the order relates or in the minerals in, on or under it —
a
has incurred expenditure in carrying out work which is rendered abortive by the provisions of the order; or
b
has otherwise sustained loss or damage which is directly attributable to the provisions of the order,
the local planning authority shall pay to that person compensation in respect of the expenditure, loss or damage.
3
For the purposes of this section any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar preparatory matters, shall be taken to be included in the expenditure incurred in carrying out that work.
3A
For the purposes of this section, works carried out for the purpose of removing or alleviating any injury to amenity caused by the winning and working of minerals on the land to which a prohibition order relates shall, unless included in another claim for compensation, be treated as loss or damage directly attributable to the provisions of the order.
3B
In calculating, for the purposes of this section, the amount of any loss or damage attributable to a prohibition order, no account shall be taken —
a
of the value of any mineral which cannot be won or worked,
b
of the value of any mineral waste which cannot be deposited,
c
of the value of any void which cannot be filled, or
d
of the cost of complying with any restoration or aftercare condition,
in consequence of that order.
.
Compensation following suspension or supplementary suspension order
6
1
Where an order is made under paragraph 5 (orders after suspension of winning and working of minerals) or paragraph 6 (supplementary suspension orders) of Schedule 9 —
a
section 115 shall apply subject to the modification described in paragraph (2); and
b
the amount to be paid by way of compensation shall be assessed in accordance with that section (as so modified) and section 117 and then abated by the deduction of the appropriate portion of the sum of £7,800.
2
The modification referred to in paragraph (1) is the substitution, for subsections (2) and (3) of section 115, of the following subsections —
2
If on a claim made to the mineral planning authority within the time and in the manner prescribed by regulations under this Act it is shown that a person with an interest in the land to which the order relates or in the minerals in, on or under it —
a
has incurred expenditure in carrying out work which is rendered abortive by the provisions of the order; or
b
has otherwise sustained loss or damage which is directly attributable to the provisions of the order,
the local planning authority shall pay to that person compensation in respect of the expenditure, loss or damage.
3
For the purposes of this section any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar preparatory matters, shall be taken to be included in the expenditure incurred in carrying out that work.
3A
For the purposes of this section, works carried out for the purpose of removing or alleviating any injury to amenity caused by the winning and working of minerals on the land to which a suspension order or supplementary suspension order relates shall, unless included in another claim for compensation, be treated as loss or damage directly attributable to the provisions of the order.
3B
In calculating, for the purposes of this section, the amount of any loss or damage attributable to a suspension order or supplementary suspension order, no account shall be taken —
a
of the value of any mineral which cannot be won or worked,
b
of the value of any mineral waste which cannot be deposited, or
c
of the value of any void which cannot be filled,
in consequence of that order.
.
Apportionment of compensation for prohibition and suspension orders
7
1
Where the mineral planning authority are satisfied, at the time of assessing the amount of compensation to be paid following the making of a prohibition, suspension or supplementary suspension order, that the claimant is the only person entitled to claim compensation, the appropriate portion is £7,800.
2
Where the mineral planning authority are not satisfied as mentioned in paragraph (1) —
a
they shall assess the value of the claimant’s interest in the land and in the minerals to which the order relates;
b
they shall assess the value attributable to the aggregate of the land and of the minerals in, on or under it, on the assumption that a single person were entitled to all of the interests in the land and minerals; and
c
they shall treat as the appropriate portion the sum which bears to £7,800 the same proportion as the value assessed under sub-paragraph (a) bears to the value assessed under sub-paragraph (b).
Revocation of Regulations
8
1
The Town and Country Planning (Compensation for Restrictions on Mineral Working) Regulations 1985 and the Town and Country Planning (Compensation for Restrictions on Mineral Working) (Amendment) Regulations 1990 are hereby revoked.
2
So much of article 2 of, and the Schedule to, the Coal Industry Act 1994 (Consequential Modifications of Subordinate Legislation) Order 1994 as relates to the Town and Country Planning (Compensation for Restrictions on Mineral Working) Regulations 1985, is hereby revoked.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
20th March 1997
William Hague
Secretary of State for Wales
20th March 1997
We consent,
Bowen Wells
Gyles Brandreth
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1997


text:
Citation
1
This Order may be cited as the Cheshire Fire Services (Combination Scheme) Order 1997 and shall come into force on the day after the day on which it is made.
Combination Scheme
2
The combination scheme set out in the Schedule to this Order, which shall be known as the Cheshire Fire Services Combination Scheme, shall have effect.
George Howarth
Parliamentary Under-Secretary of State, Home Office
8th November 1997


text:
Citation and commencement
1
This Order may be cited as the Housing Act 1996 (Commencement No. 8) Order 1997.
Commencement
2
Part II of the Housing Act 1996, so far as not already brought into force, except section 73, shall come into force on 3rd March 1997.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under-Secretary of State,
Department of the Environment
13th February 1997


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Government Changes for England (Council Tax) (Transitional Reduction) Regulations 1997.
2
These Regulations shall come into force for the purposes of regulation 4 on 25th February 1997 and for all other purposes on 26th February 1997.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Local Government Act 1992;
“the 1992 Act ” means the Local Government Finance Act 1992;
“the 1996 Regulations ” means the Local Government Changes for England (Council Tax) (Transitional Reduction) Regulations 1996 ;
“the Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“council tax figure” means a figure calculated in accordance with Schedules 1 and 2 to these Regulations;
“the Disabilities Regulations ” means the Council Tax (Reductions for Disabilities) Regulations 1992 ;
“discounted chargeable amount” in relation to a person, a dwelling and a day, means the amount estimated by the relevant billing authority as that which the person would be liable to pay in respect of council tax as regards the dwelling and the day if his liability fell to be calculated solely by reference to section 10 of the 1992 Act or, as his circumstances require, that section read with section 11 of the 1992 Act; but in the application of this definition to a person who is an eligible person for the purposes of the Disabilities Regulations, the estimate shall be made as if, in the definition of “A” in section 10 of the 1992 Act, there were substituted, for the reference to the valuation band listed for the dwelling, a reference to the alternative valuation band;
“existing area” means an area which immediately before, and on, 1st April 1997 formed part of the area of the same relevant billing authority;
“relevant area” means an existing area, or a transferred area, in relation to which the council tax figure is greater than £52, and a “relevant dwelling” is a dwelling situated in a relevant area;
“relevant billing authority” means a billing authority —
which is subject to a section 17 order in respect of which the reorganisation date is 1st April 1997, or
which is situated in the area of a county council which is subject to such an order (in these Regulations referred to as a “reorganised county”),
other than an order the effect of which on that date is solely to make a boundary change as specified in section 14(3)(a) of the Act;
“the reorganisation date” means the date (being 1st April in any year) which is specified in a section 17 order;
“section 17 order” in relation to an authority means an order under section 17 of the Act affecting that authority; and
“transferred area” means an area which formed the whole of the area of a billing authority (in these Regulations referred to as a “transferor authority”) immediately before 1st April 1997, and formed part of the area of another billing authority (in these Regulations referred to as a “transferee authority”) on and after that date.
2
Any reference in these Regulations to a billing authority shall, during the preliminary period, include an authority which has the functions of a billing authority as regards the initial year, under Chapter 1 of Part I of the 1992 Act, by virtue of regulation 49(1) of the Local Government Changes for England (Finance) Regulations 1994 ; for this purpose “initial year” and “preliminary period” have the same meaning as in those Regulations.
3
Any reference in these Regulations to a liable person is a reference to a person who is liable (whether his liability is sole or joint and several) to pay to a billing authority, in respect of a particular dwelling, an amount in respect of council tax, and includes, unless the context otherwise requires, a reference to a person who in the opinion of the authority will be so liable; and references to the amount which a person is liable to pay shall be construed accordingly.
Prescribed year
3
The financial year beginning on 1st April 1997 is prescribed as the year for which these Regulations apply.
Modification of section 13 of the 1992 Act
4
In relation to chargeable dwellings in England and the year for which these Regulations apply, section 13(5) of the 1992 Act shall have effect as if after paragraph (d) there were inserted the following —
e
the location of the dwelling concerned in the area of a district or county council which is affected by a structural change, or a boundary change, made by or in consequence of an order under section 17 of the Local Government Act 1992; and for this purpose a “structural change” and a “boundary change” shall be construed in accordance with section 14 of that Act. .
Persons to whom Regulations apply
5
A person is an eligible person for the purposes of these Regulations on a particular day if, as regards that day, he is a liable person in respect of a relevant dwelling.
Calculation of amount payable
6
1
Subject to paragraph (2) below, the amount which an eligible person is liable to pay in respect of a relevant dwelling and a day shall be the discounted chargeable amount reduced by the deductible amount, and for this purpose the deductible amount shall be calculated by the relevant billing authority in accordance with Schedule 3 to these Regulations.
2
Where a determination awarding council tax benefit under the Benefit Regulations is effective as regards a dwelling and a day in respect of which a person is an eligible person for the purposes of those Regulations, the amount which he is liable to pay in respect of that day shall be the amount ascertained in accordance with paragraph (1) above, less the amount of his council tax benefit for that day.
Supply of information by individuals
7
A billing authority may, for the purpose of considering whether these Regulations apply to any person, by written notice request that person to furnish to the authority within such period as it may reasonably specify, not being less than 21 days, such information specified in the notice as it may reasonably request of that person to assist it in considering that question.
Appeals
8
1
Where a billing authority makes a decision relating to the application or operation of these Regulations in relation to an individual, the authority shall, if requested in writing by the person so affected, provide him with a written statement of its decision and the reason for it; and any such statement shall be sent within 14 days from the date on which it is requested or as soon as is reasonably practicable thereafter.
2
No appeal may be made to a valuation tribunal in respect of any decision of a billing authority relating solely to the application or operation of these Regulations; but a person aggrieved by such a decision may appeal to a review board appointed by the billing authority and constituted as mentioned in regulation 70(3) of the Benefit Regulations.
Notice of appeal
9
An appellant shall give notice of appeal under these Regulations in writing to the billing authority.
Procedure for appeals
10
1
Regulations 71(2) to (9) and 72(4) and (5) of the Benefit Regulations shall apply with the necessary modifications for the purposes of an appeal under these Regulations as they apply for the purposes of a further review.
2
A billing authority shall comply with any decision of its review board.
Modification of the 1996 Regulations
11
1
In relation to the financial year beginning on 1st April 1997 and in relation to the amount that a person is liable to pay by way of council tax to a billing authority which was subject to a section 17 order in which the reorganisation date was specified as 1st April 1996, the 1996 Regulations shall be modified in accordance with the provisions in Schedule 4.
2
In Schedule 4, references to regulations and Schedules are references to regulations of, and Schedules to, the 1996 Regulations.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
4th February 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Maintenance Bonus (Northern Ireland Reciprocal Arrangements) Regulations 1997 and shall come into force on 7th April 1997.
2
In these Regulations “the Child Support Act ” means the Child Support Act 1995.
Adaptation of section 10 of the Child Support Act and regulations made under it
2
1
The provisions contained in the Memorandum of Arrangements set out in the Schedule to these Regulations shall have effect so far as the same relate to Great Britain.
2
In particular and without prejudice to paragraph (1) above, any act, omission, event or other matter which is relevant for the purposes of Article 4 of the Child Support (Northern Ireland) Order 1995 and regulations made under it is deemed to be an act, omission, event or other matter which is relevant for the purposes of section 10 of the Child Support Act (the child maintenance bonus) and regulations made under it.
3
In section 10 of the Child Support Act and regulations made under it the references to —
“a child maintenance bonus” shall be construed as including references to a child maintenance bonus within the meaning of Article 4 of the Child Support (Northern Ireland) Order 1995;
“income support” shall be construed as including references to income support within the meaning of Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;
“jobseeker’s allowance” shall be construed as including references to jobseeker’s allowance within the meaning of Article 3 of the Jobseekers (Northern Ireland) Order 1995 ;
“the Secretary of State” shall be construed as including references to the Department of Health and Social Services for Northern Ireland.
Signed by authority of the Secretary of State for Social Security.
Andrew Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
6th March 1997


text:
Citation, revocation and commencement
1
1
This Order may be cited as the Teacher Training Agency (Additional Functions) Order 1997 and shall come into force on 1st December 1997.
2
The Teacher Training Agency (Additional Functions) Order 1995 shall be revoked.
Conferring of additional functions
2
The following additional functions are hereby conferred on the Teacher Training Agency —
a
the licensing or otherwise authorising of persons who are not qualified teachers to be employed as teachers at any school maintained by a local education authority, any special school not so maintained or any grant-maintained school and functions incidental or supplemental thereto exercised under regulations from time to time in force under section 218(1)(a) and (3) of the Education Reform Act 1988 ;
b
considering and approving the training programmes of persons who seek to become qualified teachers and who are not employed as teachers at such schools during the period of the training programme and functions incidental or supplemental thereto exercised under regulations from time to time in force under section 218(1)(a) and (2) of the Education Reform Act 1988; and
c
approving persons for the purpose of carrying out the assessment of candidates who seek to become qualified teachers exercised under regulations from time to time in force under section 218(1)(a) and (2) of the Education Reform Act 1988.
Estelle Morris
Parliamentary Under-Secretary of State,
Department for Education and Employment
6th November 1997


text:
Commencement and citation
1
This Order may be cited as The A4 Trunk Road (Great West Road, Hounslow) Red Route (Prescribed Routes) Traffic Order 1997, and shall come into force on 25th January 1997.
Interpretation
2
In this Order–
a
causing includes permitting, and cause shall be construed accordingly;
b
a reference to an article followed by a number is a reference to the article of this Order so numbered;
c
“the Lampton Road island” means the triangular island site situated at the south west corner of the junction of A4 Great West Road and Lampton Road in the London Borough of Hounslow.
Prescribed Routes and Prohibitive Turns
3
Subject to the provisions of article 4–
a
any person causing a vehicle to proceed northwards on the east of the Lampton Road island shall not cause that vehicle to continue in any direction other than ahead;
b
any person causing a vehicle to proceed northwards on the west of the Lampton Road island shall not cause that vehicle to continue in any direction other than left;
c
any person causing a vehicle to proceed westwards on the Great West Road on reaching the junction with Lampton Road and Heston Road shall not cause that vehicle to continue in any direction other than ahead.
Exemptions
4
Nothing in Article 3 of this Order 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.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
20th January 1997


text:
Citation, revocation and commencement
1
1
These Regulations may be cited as the Education (School Inspection) (No. 2) (Amendment) Regulations 1997.
2
These Regulations shall come into force on 10th April 1997.
3
As from that date, the Education (School Inspection) (No. 2) (Amendment) (No. 2) Regulations 1996 shall be revoked.
Amendment of the Education (School Inspection) (No. 2) Regulations 1993
2
The Education (School Inspection) (No. 2) Regulations 1993 shall be amended by the substitution of regulation 4 (intervals for inspection) by the following —
4
1
The Chief Inspector shall, subject to paragraph (2), secure that every school is inspected by a registered inspector —
a
i
in the case of a secondary school, on or after 1st September 1993 but before 1st August 1997;
ii
in the case of a primary school, which was inspected by one or more of Her Majesty’s Inspectors of Schools in England between 1st September 1993 and 31st August 1994 inclusive under section 3 of the Education (Schools) Act 1992 and in respect of which the Chief Inspector has sent a report of the inspection to the appropriate authority, on or after 1st September 1994 but before 1st August 1999;
iii
in any other case, on or after 1st September 1994 but before 1st August 1998; and
b
thereafter, in each case, the Chief Inspector shall secure subsequent inspections of a school by a registered inspector within six school years from the end of the school year in which the last inspection of the school took place.
2
In the case of —
a
a secondary school to which section 10 of the School Inspections Act 1996 first applies on or after 1st August 1997, and
b
any other school to which that section first applies on or after 1st August 1998,
the Chief Inspector shall secure that the school is inspected by a registered inspector within a period of six school years from the end of the school year in which that section first applies to it and, following that inspection, the Chief Inspector shall secure subsequent inspections of the school by a registered inspector within six school years from the end of the school year in which the last inspection of the school took place.
.
Robin Squire
Parliamentary Under Secretary of State,
Department for Education and Employment
20th March 1997


text:
1
These Regulations may be cited as the Judicial Pensions (Miscellaneous) (Amendment) Regulations 1997 and shall come into force on 8th August 1997.
2
These Regulations shall apply to an election under section 1(2) of the Judicial Pensions and Retirement Act 1993, written notification of which is received by the appropriate Minister on or after 8th August 1997.
3
Part II of the Judicial Pensions (Miscellaneous) Regulations 1995 shall be amended in accordance with the following provisions of these Regulations, and in those provisions any reference to a regulation by number alone shall be construed as a reference to the regulation so numbered in the 1995 Regulations.
4
After regulation 4 insert —
Circumstances in which an office-holder may make an election
4A
Subject to the time limit specified in regulation 5(1), an office-holder to whom section 1(2) of the Act applies may make an election if no payment of pension or other benefit has been made under a judicial pension scheme in respect of service in his last qualifying judicial office.
Circumstances in which a personal representative may make an election
4B
1
Subject to the time limit specified in regulation 5(3), a personal representative may make an election in accordance with this regulation if the office-holder had not made an election under section 1(2) of the Act before his death.
2
Where the office-holder died in service, a personal representative may make an election only if —
a
no payment of surviving spouse’s pension has been made under a judicial pension scheme in respect of the service in the last qualifying judicial office held by the deceased office-holder, or
b
the amount of surviving spouse’s pension which is being paid under such a scheme does not exceed the amount of pension to which the surviving spouse would have been entitled if Part I had applied to the deceased office-holder from the date of death or, where this is not the case, the condition referred to in paragraph (3) is satisfied.
3
The condition referred to in paragraph (2)(b) is that the surviving spouse had agreed, in respect of the period prior to the making of an election, to accept an amount on account of the pension which he is eligible to receive under an existing scheme which does not exceed the amount of pension to which he would be entitled if Part I had applied to the deceased office-holder from the date of death.
4
Where the office-holder died after ceasing to hold qualifying judicial office, a personal representative may make an election only if —
a
the office-holder died within six months of ceasing to hold qualifying judicial office; and
b
the office-holder had not received any payment of pension or other benefit under a judicial pension scheme in respect of the service in the last qualifying judicial office held by the office-holder.
.
5
Omit regulation 5(2), (4) and (5).
6
In regulation 6(4), omit “sections 4(3) and 5 to 8 of”.
Irvine of Lairg, C.
Dated 10th July 1997
Donald C. Dewar
One of Her Majesty'sPrincipal Secretaries of State
Dated 8th July 1997


text:
1
This Order may be cited as the Severn Bridges Tolls Order 1997 and shall, in accordance with section 9(2)(b) of the Severn Bridges Act 1992 (in this Order referred to as “ the Act ”), come into force on 1st January 1998.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act using either of the bridges shall be as follows: —
Category 1 vehicles £4.00 Category 2 vehicles £8.10 Category 3 vehicles £12.10
3
The Severn Bridges Tolls Order 1996 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Helene Hayman
Minister for Roads
Department of the Environment, Transport and the Regions
6th December 1997


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


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment Order 1997 and shall come into force on 16th September 1997 except for article 2(c) which shall come into force on 16th September 1998.
2
In this Order “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment of Schedule 1 to the principal Order
2
In Schedule 1 to the principal Order (which specifies substances which if included in medicinal products make those products prescription only medicines and exemptions from restrictions on the sale and supply of prescription only medicines)
a
in the entry for “Carbenoxolone Sodium”, there is substituted for “506mg” in column 5, “560mg”;
b
the entry for “Terfenadine” is amended by the deletion of the entries “120mg (MDD)” in column 4 and “Container or package containing not more than 1,200mg of Terfenadine” in column 5; and
c
there are inserted in column 1 and, as the case may be, columns 2, 3 and 5, at the appropriate point in the alphabetical order of the entries as they appear in column 1, each of the entries set out in column 1 of Schedule 1 to this Order, together with the corresponding text in columns 2, 3 and 5 respectively of that Schedule.
Frank Dobson,
Secretary of State for Health
12th August 1997
Win Griffiths,
Parliamentary Under-Secretary of State,Welsh Office
20th August 1997
Sam Galbraith,
Parliamentary Under-Secretary of State,The Scottish Office
26th August 1997
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
D. C. Gowdy,
Permanent Secretary
20th August 1997.


text:
PART I
PRELIMINARY
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Occupational Pensions Regulatory Authority (Determinations and Review Procedure) Regulations 1997 and shall come into force on 6th April 1997.
2
In these Regulations —
“the 1995 Act ” means the Pensions Act 1995;
“ the Authority ” means the Occupational Pensions Regulatory Authority established by section 1 of the 1995 Act;
“ review ” means a review of a determination made by the Authority.
3
In these Regulations, a reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.
4
Except for regulations 3(2) and 21, these Regulations shall apply to Northern Ireland.
PART II
DETERMINATIONS AND REVIEW PROCEDURE
Notification of determination and right to apply for a review
2
Where the Authority make a determination, they shall send to such persons as appear to them to be directly affected a notice in writing which contains the determination, the reasons for that determination and which specifies the right to apply for a review of that determination and the time limit for making such an application.
Application to the Authority for a review
3
1
An application to the Authority for the review of a determination shall be made in writing, signed by the applicant and shall state —
a
the name and address of the applicant;
b
the particulars of the determination in respect of which a review is sought;
c
the grounds on which a review of the determination is sought;
d
the name and address of the applicant’s representative (if any) and whether the Authority should send replies or notices concerning the application to that representative rather than to the applicant.
2
For the purposes of section 96(2) of the 1995 Act (decisions the Authority must review on application being made within prescribed period), the prescribed period is 28 days beginning with the date of the notice referred to in regulation 2.
3
The applicant shall send with any application, or within 14 days thereafter, a copy of the documents on which he intends to rely for the purposes of the review.
4
The Authority may, in any particular case, extend the time limit prescribed in paragraph (2), or in any corresponding provision in force in Northern Ireland, whether or not it has already expired.
5
Where an application will, or is likely to be, received outside the time limit prescribed in paragraph (2), or in any corresponding provision in force in Northern Ireland, the applicant shall include with the application for a review a statement of the reasons on which he relies to justify the delay, and the Authority must consider any such statement in deciding whether or not to extend the time limit.
6
Notwithstanding paragraph (1), the Authority may allow an application for a review to be treated as properly made even if the requirements of paragraph (1) are not met.
7
The applicant may, at any time before he is notified of the date of the review, or, with the leave of the Authority, at any time after he is so notified, amend the grounds referred to in paragraph (1)(c) and submit any documents upon which he wishes to rely in support of those grounds as amended.
Notification of decision to review or not to review
4
1
Subject to paragraph (4), where the Authority receive an application for a review, they shall decide whether to review the determination in question.
2
Where the Authority decide to review a determination, whether or not pursuant to an application for a review, they shall, within 28 days of making the decision, send to the applicant, if any, and to such other persons as they consider the justice of the case may require, a notice in writing containing the following information —
a
their decision to review that determination; and
b
the right to submit written representations in accordance with regulation 5.
3
Where the Authority decide not to review a determination they shall, within 28 days of making the decision, send to the applicant, and to such other persons as they consider the justice of the case may require, a notice in writing containing the following information —
a
their decision not to review that determination;
b
the reasons for the decision not to review;
c
the applicant’s right of appeal to the court on a question of law; and
d
the time limit for making such an appeal.
4
On an application to which section 96(2) of the 1995 Act applies, or any corresponding provision in force in Northern Ireland, the Authority shall within 28 days of receipt of the application send to the applicant, and to such other persons as they consider the justice of the case may require, a notice in writing containing the information referred to in paragraph (2)(b).
Written representations
5
Any person notified of a review in accordance with regulation 4 may send written representations to the Authority —
a
within 21 days of the date of the notice, to give the reasons why that person considers the review should be dealt with by way of an oral hearing;
b
at any time until that person is notified of the date fixed for the review, or, with the leave of the Authority, at any time after he is so notified, in relation to the review generally.
Statement of facts
6
1
Where the Authority decide to review a determination, they shall prepare a statement of facts relating to the review and shall send that statement to the applicant, or if none, to such other persons as appear to them to be directly affected by that determination.
2
A person notified under paragraph (1) shall reply to the Authority within 28 days of the date of the statement therein referred to, indicating —
a
whether and in what respect any of the facts are disputed; and
b
subject to regulation 14(2), any other facts which, in the opinion of the person so notified, are relevant to the review.
Dealing with a review by an oral hearing
7
1
Subject to paragraph (2), the Authority may —
a
if the applicant and such other persons as it appears to the Authority may be directly affected by the review agree in writing; or
b
after having regard to the considerations specified in paragraph (3),
decide to determine a review without an oral hearing.
2
Where the Authority have made an order under section 3 of the 1995 Act (prohibition orders), or where they have made an order under section 29(3) or (4) of that Act (disqualification orders), an oral hearing shall be held for any review of that determination, unless the person prohibited or (as the case may be) disqualified agrees in writing that the Authority may review that determination without an oral hearing.
3
For the purposes of paragraph (1) the considerations are —
a
the wishes of the applicant and of such other persons as it appears to the Authority may be directly affected by the review;
b
whether an oral hearing would be likely to cause unreasonable delay in the determination of the review and, in particular, whether such delay would be likely to affect adversely the interests of any person; and
c
whether there is, or is likely to be, a conflict of evidence which an oral hearing may help to clarify.
4
The Authority may hold an oral hearing to determine any question to which these Regulations apply (including any question which the Authority initially decided to review without an oral hearing) if they are satisfied that an oral hearing is desirable, and the requirements of Part II of these Regulations in respect of such hearings shall apply.
Notice of date, time, place and manner of review
8
1
The Authority shall fix the date, time and place for the review and whether it is to be dealt with by an oral hearing or not, and, not less than 28 days before that date, send to the applicant, and to such other persons as they consider the justice of the case may require, a notice in writing specifying the date, time, place and manner of the review.
2
Where the Authority has decided to deal with a review by way of an oral hearing, the notice referred to in paragraph (1) shall also ask the person notified to confirm within 21 days of the date of the notice —
a
whether that person or any representative of that person will attend the hearing; and, if so,
b
the names, addresses and occupations of the witnesses, if any, that person or his representative intends to call.
3
The Authority may postpone the date of the review (whether it is to be dealt with by way of an oral hearing or not) —
a
where both the applicant and the Authority agree; or
b
in exceptional circumstances,
provided that they send to persons notified under paragraph (1), a notice specifying the new date, time and place of the review not less than 28 days before that date.
Withdrawal of application
9
The applicant may at any time before the date fixed for a review withdraw an application by sending to the Authority a notice in writing signed by the applicant which states that the applicant withdraws that application.
Continuance, etc.
10
1
This paragraph applies where a person dies after a determination of the Authority to require that person to pay a penalty under section 10 of the 1995 Act, section 168(4) of the Pension Schemes Act 1993 , or under any corresponding provision in force in Northern Ireland.
2
Where paragraph (1) applies, the Authority may permit that person’s executor or (as the case may be) administrator to make or continue an application for a review as if the personal representative had been substituted for that person.
Review Committee
11
1
When the Authority decide to review a determination, they shall appoint three of their members to a committee to dispose of the review (whether it is to be dealt with by way of an oral hearing or not), and none of the members so appointed shall be a member who participated in making the determination which is the subject of the review.
2
A committee appointed in accordance with paragraph (1) is referred to as “the review committee” in these Regulations.
3
The Authority shall nominate a member of the review committee as Chairman of the review committee.
4
If, after the commencement of a review, any one member of the review committee other than the Chairman is absent, the review may —
a
with the consent of the applicant, or,
b
where there is no applicant, with the consent of such other persons as the review committee or its remaining members consider the justice of the case may require,
be conducted by those remaining members, and in that event shall be deemed to be properly constituted.
5
A decision of the review committee may be taken by a majority and the decision shall record whether it was unanimous or taken by a majority: provided that where the review committee is constituted by an even number of members, the Chairman of the review committee shall have a second or casting vote.
Copies of relevant documents
12
The review committee shall send to the applicant, and to such other persons as they consider the justice of the case may require, a copy of, or sufficient extracts from, or particulars of, any document or other material relevant to the review which the Authority have in their possession not less than 28 days before the date fixed for the review.
Oral hearings
13
1
An oral hearing of a review shall be in public, except where the review committee consider that by reason of the disclosure of intimate personal or financial circumstances, commercially sensitive information or information communicated or obtained in confidence, it is just and reasonable for the hearing, or part of it, to be in private.
2
The following persons shall be entitled to attend, and, in the case of persons listed in sub-paragraphs (a), (e) and (f), to be heard, at an oral hearing whether or not it takes place in public —
a
the applicant;
b
a member of the Authority who is not appointed to the review committee;
c
the chief executive of the Authority;
d
a member of the Council on Tribunals or of the Scottish Committee of that Council;
e
a witness called by the applicant or the Authority or by any other person entitled to be heard;
f
such other persons as it appears to the Authority the justice of the case may require.
Summoning of witnesses
14
1
The Authority may by summons require any person in the United Kingdom to attend as a witness at an oral hearing of a review at such time and place as may be specified in the summons and, subject to paragraph (2), at the hearing to answer any questions, produce any documents or otherwise furnish any information relating to any matter in question in the review.
2
No person shall be compelled to give any evidence or produce any document or other material that he could not be compelled to give or produce in a court of law.
3
In this regulation, “document” includes information recorded in any form, and any reference to production of a document, in relation to information recorded otherwise than in legible form, is to producing a copy of the information in legible form.
Procedure at oral hearings
15
1
The review committee shall conduct the oral hearing of the review in such manner as they consider most appropriate for the clarification of the issues before them and generally for the just handling of the proceedings, and, where necessary, may adjourn the proceedings.
2
Subject to paragraph (3), the applicant, and such other persons as the review committee consider the justice of the case may require, shall be entitled to give evidence, to call witnesses, to question any witnesses, and to address the review committee both on evidence and generally on the subject matter of the review.
3
The review committee may receive evidence of any fact which appears to them to be relevant even if such evidence would be inadmissible in proceedings before a court of law, but shall not refuse to admit any evidence which is admissible at law and is relevant.
4
The review committee may, if they are satisfied that it is just and reasonable to do so, permit the applicant to rely on grounds for the review which were not stated in the application.
5
The review committee may require evidence to be given on oath or affirmation and for that purpose may administer an oath or affirmation in due form.
6
The review committee may exlude from the hearing, or part of it, any person whose conduct has disrupted or is likely, in the opinion of the review committee, to disrupt the hearing.
7
If the applicant, or any other person who has notified the Authority of his intention to attend or be represented at the hearing, fails to attend or be represented, the review committee may dispose of the review in the absence of that person or may adjourn the hearing to a later date: provided that before disposing of a review in the absence of any such person the review committee shall consider any written representations sent by him under regulation 5, any reply sent by him under regulation 6(2), and, in the case of an applicant, his application under regulation 3(1) and the documents sent by him under regulation 3(3).
Notification of decision
16
1
The decision of the Authority following a review shall be recorded in a document which shall also contain a statement —
a
of the reasons for their decision; and
b
of the right of appeal to the court on a question of law and the time limit for making such an appeal,
and shall be signed and dated by the Chairman of the review committee.
2
The Authority shall send a copy of the document recording the decision to the applicant, if any, and to such other persons as appear to them to be directly affected, as soon as is reasonably practicable after the decision is made.
3
The Authority may publish their decisions as they consider appropriate, but in doing so they shall have regard to the need to preserve the confidentiality of —
a
any document submitted in relation to an application which they have reason to believe is commercially sensitive or confidential for any other reason; and
b
any evidence heard in private,
and for that purpose may make any necessary amendments to the text of a decision.
Representation
17
Where a person acts on behalf of another, that person may take all such steps and do all such things for the purposes of these Regulations as that other person is by these Regulations required or authorised to take or do.
Time
18
1
Subject to the provisions of regulation 3(4), where the Authority is satisfied that a person to whom these Regulations apply (other than the Authority) could not reasonably be expected to send any document, or documents of any description, within the time limit imposed in these Regulations, they may extend the time limit, whether or not it has already expired, in relation to that document or documents of that description.
2
Where the time prescribed by these Regulations for doing any act expires on a public holiday, the act is in time if done on the next following day which is not a public holiday.
Irregularities
19
1
Any irregularity resulting from failure to comply with any provision of these Regulations before the review committee has reached its decision shall not of itself render the proceedings void.
2
Where any such irregularity comes to the attention of the review committee, the review committee may, and must if it considers any person may have been prejudiced by the irregularity, before reaching its decision give such directions as it thinks just to cure or waive the irregularity.
3
Clerical mistakes in any written statement of a decision following a review, or errors arising in such a document from an accidental slip or omission, may be corrected by the Chairman of the review committee certifying the correction in writing on the document.
Method of sending or delivering documents, etc.
20
1
Any document required or authorised by these Regulations to be sent or delivered to any person shall be duly sent or delivered —
a
if it is sent to that person’s appropriate address by post;
b
if it is delivered to that person or left at that person’s appropriate address.
2
The appropriate address for the Authority is the address of the office of the Authority .
3
The appropriate address of any other person to whom any such document is to be sent or delivered is the address given by that person, or if none, the last known address of that person or, in the case of an incorporated company or body, the registered or principal office of that company or body.
PART III
TIME LIMITS FOR PAYMENT OF CIVIL PENALTIES
Time limits for payment of civil penalties under section 10(1) of the 1995 Act
21
For the purposes of section 10(1) of the 1995 Act (civil penalties) the period prescribed for the payment of a penalty to the Authority shall be 28 days from the date of the notice in writing sent by the Authority requiring payment of that penalty.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
12th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Voice Telephony) Regulations 1997 and shall come into force on 22nd August 1997.
Interpretation
2
1
In these Regulations —
a
“the Voice Telephony Directive ” means Directive 95/62/ EC of the European Parliament and of the Council on the application of open network provision ( ONP ) to voice telephony ; and
b
“the ONP Framework Directive ” means Council Directive 90/387/ EEC on the establishment of the internal market for telecommunications services through the implementation of open network provision ;
and words and expressions used in these Regulations shall, unless the context otherwise requires, have the same meaning as in the Voice Telephony Directive and the ONP Framework Directive.
2
For the purposes of these Regulations —
a
a “relevant Licence” is a licence granted under section 7 of the Act to run certain telecommunication systems being a licence listed below —
i
the licence entitled “Licence granted by the Secretary of State for Trade and Industry to British Telecommunications under section 7 of the Telecommunications Act 1984” granted on 22nd June 1984 (hereinafter referred to as “the BT Licence”); and
ii
the licences entitled “Licences granted by the Secretary of State for Trade and Industry to Kingston upon Hull City Council and Kingston Communications (Hull) PLC under section 7 of the Telecommunications Act 1984” granted on 30th November 1987 (hereinafter referred to as “the Kingston Licences”);
and a reference in these Regulations to a relevant Licence is a reference to that Licence as modified from time to time in accordance with sections 12 and 15 or as mentioned in section 95 of the Act and by regulations made under section 2(2) of the European Communities Act 1972; and
b
the “relevant Licensee” means —
i
in relation to the BT Licence, British Telecommunications plc; and
ii
in relation to the Kingston Licences, Kingston upon Hull City Council and Kingston Communications (Hull) PLC.
3
In these Regulations —
“the Act” means the Telecommunications Act 1984 ;
“the Commission” means the Commission of the European Communities;
“the Community” means the European Community;
“fixed public telephone network” means the public switched telecommunications network which is used, among other things, for the provision of voice telephony service between network termination points at fixed locations;
“list of headings” has the meaning given by regulation 4 of these Regulations;
“public pay-telephone” means a telephone available to the general public, for the use of which the means of payment are one or more of the following —
coins;
credit/debit cards; or
pre-payment cards;
“target indicators” has the meaning given by regulation 5(1) of these Regulations;
“voice telephony service” means the commercial provision for the public of direct transport of real-time speech via the public switched telephone network or networks such that any user can use equipment connected to a network termination point to communicate with another user of equipment connected to another network termination point;
“Voice Telephony Conditions” shall be construed in accordance with regulation 3(1) below; and
“VTD technical standards” has the meaning given by regulation 8 below.
4
Save as provided in paragraph (1) above, words and expressions in these Regulations shall, unless the context otherwise requires, have the same meaning as in the Act.
Modification of licences to include the Voice Telephony Conditions
3
1
The relevant Licences are hereby modified upon the coming into force of these Regulations by the insertion —
a
as regards the BT Licence, of the conditions set out in Schedule 1 to these Regulations as part 4 of Schedule 1 to the BT Licence; and
b
as regards the Kingston Licences, of those conditions other than —
i
condition VTD2 (publication of and access to information) to the extent that it applies to the requirement in paragraph 9 of Schedule 2 to these Regulations; and
ii
condition VTD11 (cost accounting principles) ,
as Part 4 of Schedule 1 to the Kingston Licences
and the conditions inserted into each of the relevant Licences pursuant to this regulation are, in relation to that licence, referred to for the purposes of these Regulations as “the Voice Telephony Conditions”.
2
For the purposes of the Act, the modifications of the relevant Licences by paragraph (1) of this regulation shall have effect as if they were made under section 12 of the Act by the Director.
List of headings for information to be published
4
Schedule 2 to these Regulations shall have effect for the purpose of specifying the list of headings for information to be published (pursuant to Article 4 of and Annex I to the Voice Telephony Directive) as required by Condition VTD2 of the Voice Telephony Conditions and regulation 7 below (in these Regulations referred to as the “list of headings”).
Supply-time and quality-of-service indicators
5
1
Schedule 3 to these Regulations shall have effect for the purpose of specifying the supply-time and quality-of-service indicators (in these Regulations referred to as the “target indicators”) which, in accordance with Article 5 of and Annex II to the Voice Telephony Directive, are required by Condition VTD3 of the Voice Telephony Conditions to be set and published.
2
The Director shall review at least every three years the definitions, measurement methods and targets in respect of the target indicators.
3
Regulations under section 27A of the Act are not to have effect in relation to any relevant Licensee in so far as that power is exercisable in respect of the target indicators for services to which the Voice Telephony Directive applies.
List of advanced facilities
6
1
Paragraph 1 of Schedule 4 to these Regulations shall have effect for the purpose of specifying the list of the advanced facilities which must, subject to technical feasibility and economic viability, be provided in accordance with Article 9(1) of and Annex III (1) to the Voice Telephony Directive and Condition VTD7 of the Voice Telephony Conditions.
2
The Director shall facilitate and encourage in accordance with Article 9(2) of and Annex III(2) to the Voice Telephony Directive provision of the services and facilities listed in paragraph 2 of Schedule 4 to these Regulations, in accordance with the VTD technical standards.
3
Where any of the services and facilities referred to in paragraph (2) above are not already offered by a relevant Licensee, the Director shall, taking into account the state of network development, market demand and progress with standardisation, encourage the setting of dates for the introduction by that relevant Licensee of such services and facilities.
Publication of information by the Director
7
1
The Director shall from time to time publish, or ensure that there are published, adequate and up-to-date information on access to and use of the fixed public telephone network and voice telephony service according to paragraphs 1, 3, 4, 5 and 10 of the list of headings.
2
The information referred to in paragraph (1) above shall be published in such a way as to provide easy access for users to that information; and the Director shall publish references to the publication of that information and to the information published by the relevant Licensees in accordance with Condition VTD2 in the London, Edinburgh and Belfast Gazettes, save that where the reference is to information which relates solely to Kingston upon Hull City Council and Kingston Communications (Hull) PLC, the Director need only publish the reference in the London Gazette.
Technical standards
8
1
The Director shall encourage the provision of services according to the standards listed below:
a
standards published in the Official Journal of the European Communities, in accordance with Article 5 of the ONP Framework Directive;
b
in the absence of such standards, European standards adopted by the European Telecommunications Standards Institute ( ETSI ) (hereinafter referred to as “ETSI”), the European Committee for Standardization ( CEN ) (hereinafter referred to as “CEN”) or the European Committee for Electrotechnical Standardization (Cenelec) (hereinafter referred to as (“Cenelec”);
c
in the absence of such standards, international standards or recommendations adopted by the International Telecommunications Union ( ITU ), the International Organization for Standardization ( ISO ) or the International Electrotechnical Commission ( IEC ); or
d
in the absence of such standards, standards designated under section 22(6) of the Act or specifications,
and in these Regulations, a reference to “the VTD technical standards” is a reference to such of the standards referred to in sub-paragraphs (a) to (d) above as may be applicable.
2
The Director shall encourage the progressive introduction of public pay-telephones conforming to harmonised standards.
3
In paragraph (2) above, a “harmonised standard” is a standard drawn up by ETSI, CEN or Cenelec at the request of the Commission for a harmonised telephone pre-payment card suitable for use in pay-telephones in all member States, and for associated network interface standards, in order to make it possible for pre-payment cards issued in one member State to be used in other member States, pursuant to Article 18.1 of the Voice Telephony Directive.
Conciliation of dispute resolution
9
1
Where there is a dispute concerning an alleged infringement of the provisions of the Voice Telephony Directive and which involves an organisation providing fixed public telecommunication services in another member State to whom the Voice Telephony Directive is applied, a user or a relevant Licensee may invoke the conciliation procedure provided for in Article 27(3) and (4) of that Directive by means of a written notification to the Director and to the Commission.
2
Where following such a notification the Director finds that there is a case for further examination he may refer the matter to the Chairman of the ONP Committee.
Signed by authority of the Secretary of State
Barbara Roche,
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
30th July 1997


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Inter-regional Framework Co-operation Agreement between the European Community and its Member States and the Southern Common Market and its Party States) Order 1997. It shall come into operation in respect of the treaty specified in the Schedule to this Order on the date on which the treaty comes into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council