text:
PART I
PRELIMINARY
Citation, commencement and extent
1
1
These Regulations may be cited as the Fire Precautions (Workplace) Regulations 1997 and shall come into force on 1st December 1997.
2
These Regulations extend to Great Britain.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1971 Act ” means the Fire Precautions Act 1971;
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974 ;
“the 1992 Management Regulations ” means the Management of Health and Safety at Work Regulations 1992 ;
“domestic premises” has the meaning given to it by section 53(1) of the 1974 Act;
“employee” means a person who is or is treated as an employee for the purposes of the 1992 Management Regulations;
“employer” means a person who is or is treated as an employer for the purposes of the 1992 Management Regulations;
“enforcement notice” has the meaning given to it by regulation 13(1);
“excepted workplace” has the meaning given to it by regulation 3(5);
“fire authority” means an authority discharging the functions of fire authority under the Fire Services Act 1947 ;
“premises” includes any place and, in particular, includes —
any vehicle, vessel, aircraft or hovercraft;
any installation on land (including the foreshore and other land intermittently covered by water), any offshore installation, and any other installation (whether floating, or resting on the seabed or the subsoil thereof, or resting on other land covered with water or the subsoil thereof), and
any tent or movable structure;
“public road” means (in England and Wales) a highway maintainable at public expense within the meaning of section 329 of the Highways Act 1980 and (in Scotland) a public road within the meaning of section 151 of the Roads (Scotland) Act 1984 ;
“workplace” means any premises or part of premises, not being domestic premises, used for the purposes of an employer’s undertaking and which are made available to an employee of the employer as a place of work and includes —
any place within the premises to which such employee has access while at work; and
any room, lobby, corridor, staircase, road or other place —
used as a means of access to or egress from that place of work; or
where facilities are provided for use in connection with that place of work;
other than a public road; and
“the workplace fire precautions legislation” has the meaning given to it by regulation 9(2).
2
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation is a reference to the regulation in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph in the regulation in which the reference appears; and
c
a numbered sub-paragraph is a reference to the sub-paragraph in the paragraph in which the reference appears.
PART II
FIRE PRECAUTIONS IN THE WORKPLACE
Application of Part II
3
1
Every employer shall ensure that he complies with the requirements of this Part of these Regulations in respect of every workplace, other than an excepted workplace, which is to any extent under his control, so far as the requirements relate to matters within his control.
2
Every person who has, to any extent, control of a workplace, other than an excepted workplace, shall ensure that, so far as relates to matters within his control, the workplace complies with any applicable requirement of this Part of these Regulations.
3
Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to —
a
the maintenance or repair of any workplace; or
b
the safety of any workplace,
that person shall be treated, for the purposes of paragraph (2), as being a person who has control of the workplace to the extent that his obligation so extends.
4
Any reference in this regulation to a person having control of any workplace is a reference to a person having control of the workplace in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).
5
For the purposes of these Regulations, an “excepted workplace” is —
a
any workplace to the extent that it comprises premises for which a fire certificate is in force or for which an application for a fire certificate is pending under the 1971 Act (other than a fire certificate deemed to have been issued under that Act by virtue of paragraph 2 of Schedule 8 to the 1974 Act);
b
any workplace to the extent that it comprises premises —
i
in respect of which there is in force a safety certificate under the Safety of Sports Grounds Act 1975 or under Part III of the Fire Safety and Safety of Places of Sport Act 1987 ; and
ii
which are in use for the activity or activities specified in the certificate;
c
any workplace to the extent that it comprises premises to which the Fire Precautions (Sub-surface Railway Stations) Regulations 1989 apply;
d
any workplace which is or is on a construction site within the meaning of regulation 2(1) of the Construction (Health, Safety and Welfare) Regulations 1996 and to which those Regulations apply;
e
any workplace which is or is in or on a ship within the meaning of regulation 2(1) of the Docks Regulations 1988 , including any such ship which is in the course of construction or repair;
f
any workplace to the extent that it comprises premises to which the Fire Certificates (Special Premises) Regulations 1976 apply;
g
any workplace which is deemed to form part of a mine for the purposes of the Mines and Quarries Act 1954 ;
h
any workplace which is or is in or on an offshore installation within the meaning of regulation 3 of the Offshore Installations and Pipelines Works (Management and Administration) Regulations 1995 ;
i
any workplace which is or is in or on an aircraft, locomotive or rolling stock, trailer or semi-trailer used as a means of transport or a vehicle for which a licence is in force under the Vehicle Excise and Registration Act 1994 or a vehicle exempted from duty under that Act; and
j
any workplace which is in fields, woods or other land forming part of an agricultural or forestry undertaking but which is not inside a building and is situated away from the undertaking’s main buildings.
6
The requirements of this Part of these Regulations shall not have effect to the extent that they would prevent —
a
any member of the armed forces of the Crown or of any visiting force (within the meaning of regulation 19);
b
any constable or any member of a police force not being a constable; or
c
any member of any emergency service,
from carrying out their duties.
7
Without prejudice to paragraph (6), regulation 5(2)(f) shall not apply to any premises falling within the scope of section 40(2)(a) or (b) of the 1971 Act (prisons) or any part of any other premises used for keeping persons in lawful custody or detention.
8
Where paragraph (6) or (7) applies, the safety of employees in case of fire shall nevertheless be ensured so far as is possible.
Fire-fighting and fire detection
4
1
Where necessary (whether due to the features of a workplace, the activity carried on there, any hazard present there or any other relevant circumstances) in order to safeguard the safety of employees in case of fire —
a
a workplace shall, to the extent that is appropriate, be equipped with appropriate fire-fighting equipment and with fire detectors and alarms; and
b
any non-automatic fire-fighting equipment so provided shall be easily accessible, simple to use and indicated by signs ,
and for the purposes of sub-paragraph (a) what is appropriate is to be determined by the dimensions and use of the building housing the workplace, the equipment it contains, the physical and chemical properties of the substances likely to be present and the maximum number of people that may be present at any one time.
2
An employer shall, where necessary in order to safeguard the safety of his employees in case of fire —
a
take measures for fire-fighting in the workplace, adapted to the nature of the activities carried on there and the size of his undertaking and of the workplace concerned and taking into account persons other than his employees who may be present;
b
nominate employees to implement those measures and ensure that the number of such employees, their training and the equipment available to them are adequate, taking into account the size of, and the specific hazards involved in, the workplace concerned; and
c
arrange any necessary contacts with external emergency services, particularly as regards rescue work and fire-fighting.
Emergency routes and exits
5
1
Where necessary in order to safeguard the safety of employees in case of fire, routes to emergency exits from a workplace and the exits themselves shall be kept clear at all times.
2
The following requirements must be complied with in respect of a workplace where necessary (whether due to the features of the workplace, the activity carried on there, any hazard present there or any other relevant circumstances) in order to safeguard the safety of employees in case of fire —
a
emergency routes and exits shall lead as directly as possible to a place of safety;
b
in the event of danger, it must be possible for employees to evacuate the workplace quickly and as safely as possible;
c
the number, distribution and dimensions of emergency routes and exits shall be adequate having regard to the use, equipment and dimensions of the workplace and the maximum number of persons that may be present there at any one time;
d
emergency doors shall open in the direction of escape;
e
sliding or revolving doors shall not be used for exits specifically intended as emergency exits;
f
emergency doors shall not be so locked or fastened that they cannot be easily and immediately opened by any person who may require to use them in an emergency;
g
emergency routes and exits must be indicated by signs ; and
h
emergency routes and exits requiring illumination shall be provided with emergency lighting of adequate intensity in the case of failure of their normal lighting.
Maintenance
6
Where necessary in order to safeguard the safety of employees in case of fire, the workplace and any equipment and devices provided in respect of the workplace under regulations 4 and 5 shall be subject to a suitable system of maintenance and be maintained in an efficient state, in efficient working order and in good repair.
PART III
AMENDMENT OF THE MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1992
Amendment of the 1992 Management Regulations: general provisions
7
Subject to regulation 9, the provisions of the 1992 Management Regulations amended by this Part of these Regulations shall continue to be regarded (if they would not otherwise continue to be so regarded) as provisions of health and safety regulations within the meaning of the 1974 Act .
Amendment of the 1992 Management Regulations
8
1
The words “and by Part II of the Fire Precautions (Workplace) Regulations 1997” shall be inserted into the following provisions of the 1992 Management Regulations, as follows —
a
in regulation 1(2) (interpretation), at the end of the definition of “the preventive and protective measures”;
b
in regulation 3 (risk assessment), at the end of paragraph (1);
c
in regulation 6 (health and safety assistance), at the end of paragraph (1);
d
in regulation 9 (co-operation and co-ordination), in paragraph (1)(a) after the words “the relevant statutory provisions”; and
e
in regulation 10 (persons working in host employers' undertakings), in paragraph (1)(b) after the words “the relevant statutory provisions”.
2
In regulation 8(1) of the 1992 Management Regulations (information for employees) —
a
the words “and the measures referred to in regulation 4(2)(a) of the Fire Precautions (Workplace) Regulations 1997” shall be inserted at the end of sub-paragraph (c); and
b
the words “and regulation 4(2)(b) of the Fire Precautions (Workplace) Regulations 1997” shall be inserted at the end of sub-paragraph (d).
3
In regulation 9 of the 1992 Management Regulations (co-operation and co-ordination), the following shall be substituted for paragraph (1)(b) —
b
(taking into account the nature of his activities) take all reasonable steps to co-ordinate the measures he takes to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997 with the measures the other employers concerned are taking to comply with the requirements and prohibitions imposed upon them by that legislation;
.
4
The words “(except in so far as it refers to Part II of the Fire Precautions (Workplace) Regulations 1997)” shall be inserted after the words “Paragraph (1)” in regulations 9(2) and 10(2) of the 1992 Management Regulations.
PART IV
ENFORCEMENT AND OFFENCES
Disapplication of the 1974 Act
9
1
For the purposes of sections 16 to 24, 26, 28, 33 to 40, 42, 46 and 47 of the 1974 Act, the provisions of the workplace fire precautions legislation shall be deemed (to the extent they would otherwise be so regarded) not to be provisions of health and safety regulations or provisions forming part of the relevant statutory provisions.
2
In these Regulations “the workplace fire precautions legislation” means —
a
Part II of these Regulations; and
b
regulations 1 to 4, 6 to 10 and 11(2) and (3) of the 1992 Management Regulations (as amended by Part III of these Regulations), in so far as those regulations —
i
impose requirements concerning general fire precautions to be taken or observed by an employer; and
ii
have effect in relation to a workplace in Great Britain other than an excepted workplace,
and for this purpose “general fire precautions” means measures which are to be taken or observed in relation to the risk to the safety of employees in case of fire in a workplace, other than any special precautions in connection with the carrying on of any manufacturing process.
3
In this regulation “health and safety regulations” and “the relevant statutory provisions” have the meanings given to them by the 1974 Act .
Enforcement
10
1
It shall be the duty of every fire authority to enforce within their area the workplace fire precautions legislation.
2
A fire authority may perform their functions under these Regulations through inspectors appointed by them pursuant to section 18(1) of the 1971 Act.
3
Subject to paragraph (4), where such an inspector, or an officer of a fire brigade acting under section 20 of the 1971 Act as applied by regulation 17, expresses to a relevant person any opinion to the effect that that person or (as the case may be) his employer or principal is in breach of the workplace fire precautions legislation in respect of any workplace, then, if that person requests that such an opinion be put in writing, the inspector or (as the case may be) officer shall, as soon as practicable, give to that person or (where the opinion concerns his employer or principal) his employer or principal a written opinion which explains —
a
the breach of the workplace fire precautions legislation; and
b
what action could be taken to remedy it.
4
No written opinion need be given under paragraph (3) if a written notice of intent under regulation 13(3) or 16(2), or an enforcement notice under regulation 13(1), is issued in respect of the relevant breach.
5
For the purposes of paragraph (3), a “relevant person” is —
a
an employer who has, by virtue of regulation 3(1), obligations in respect of the workplace in question under Part II of these Regulations;
b
an employee given responsibility for fire safety matters in the workplace in question by such an employer;
c
a person who has, by virtue of regulation 3(2), obligations in respect of the workplace in question under Part II of these Regulations; and
d
any person who is an employee or agent of such a person as is referred to in sub-paragraph (c).
6
In sections 24 and 33(1) of the Fire Services Act 1947 (which authorise the appointment of inspectors and the holding of inquiries for obtaining information as to the performance by fire authorities of their functions under that Act) the references to that Act shall be read as including references to these Regulations.
7
Nothing in this regulation shall be taken to authorise a fire authority in Scotland to institute proceedings for any offence.
Serious cases: offence
11
1
A person shall be guilty of an offence if —
a
being under a requirement to do so, he fails to comply with any provision of the workplace fire precautions legislation;
b
that failure places one or more employees at serious risk in case of fire; and
c
that failure is intentional or is due to his being reckless as to whether he complies or not,
and for this purpose “at serious risk” means being subject to a risk of death or serious injury which is likely to materialise.
2
Any person guilty of an offence under this regulation shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or both.
3
A person is not guilty of an offence under this regulation in respect of any failure to comply with the workplace fire precautions legislation which is the subject of an enforcement notice.
Serious cases: prohibition notices
12
1
Sections 10 to 10B of the 1971 Act (special procedure in case of serious risk: prohibition notices) shall apply to —
a
tents and other movable structures; and
b
places of work in the open air,
which are relevant workplaces.
2
For the purposes of paragraph (1), a relevant workplace is a workplace other than an excepted workplace.
Serious cases: enforcement notices
13
1
Where a fire authority are of the opinion that —
a
a person, being under an obligation to do so, has failed to comply with any provision of the workplace fire precautions legislation in respect of a workplace, or employees who work in a workplace, situated in the area for which they perform the functions of fire authority; and
b
the failure places one or more employees at serious risk (within the meaning of regulation 11(1)) in the case of fire,
the authority may serve on that person a notice (in these Regulations referred to as “an enforcement notice”) which —
i
states that they are of that opinion and why;
ii
specifies what steps they consider are necessary to remedy that failure;
iii
requires that person to take steps to remedy the failure within such period from the date of service of the notice (not being less than 21 days) as may be specified in the notice; and
iv
explains how, where, within what period and on what grounds an appeal may be brought against the enforcement notice and that the bringing of the appeal does not have the effect of suspending the operation of the notice, unless, on application, the court so directs.
2
Where a fire authority are of the opinion that a person’s failure to comply with the workplace fire precautions legislation also extends to a workplace, or employees who work in a workplace, situated outside the area for which they perform the functions of fire authority, the notice served by them under paragraph (1) may include requirements concerning that workplace or those employees; but before including any such requirements the authority shall consult the fire authority for the area in which the workplace is situated.
3
Unless the risk to employees in case of fire is so serious that the service of an enforcement notice cannot be delayed, a fire authority shall, before serving an enforcement notice on a person —
a
give him a written notice of intent stating —
i
that the authority are proposing to serve the enforcement notice and the reasons why they are proposing to serve it;
ii
what steps they consider are necessary to remedy his failure to comply with the workplace fire precautions legislation;
iii
(where the authority propose to serve an enforcement notice which requires any alteration to a building) whether the authority have consulted or are consulting any person under paragraph (5) and, if so, the identity of that person and the reason for the consultation; and
iv
that he may, within a period specified in the notice of intent, make written representations to the authority or, if he so requests, make oral representations to a person nominated by the authority;
b
afford him an opportunity to make representations in accordance with the notice of intent (where he so requests making and giving effect to arrangements for him to make oral representations); and
c
consider any representations which are duly made and not withdrawn.
4
Where, having considered any representations made by a person under paragraph (3), the authority decide to serve an enforcement notice on him, they shall give him a written statement of the reasons for their decision (which may be provided as part of the enforcement notice or as a separate document).
5
Before serving an enforcement notice which would oblige a person to make an alteration to a building, the fire authority shall consult —
a
such persons as they would have been required to consult under section 17 of the 1971 Act (duty of fire authorities to consult other authorities before requiring alterations to buildings) if the proposed enforcement notice had been an improvement notice proposed to be issued under section 9D of that Act ; and
b
any other person whose consent to the alteration would be required by or under any enactment.
6
Where an enforcement notice has been served —
a
the fire authority may withdraw the notice at any time before the end of the period specified in the notice; and
b
if an appeal against the notice is not pending, the fire authority may extend or further extend the period specified in the notice.
7
Where a fire authority are of the opinion that the risk to employees in case of fire is so serious that the service of an enforcement notice on a person cannot be delayed and accordingly do not serve a written notice of intent on him under paragraph (3), they shall, as soon as practicable, give to him a written statement of their reasons for being of that opinion (which may be provided as part of the enforcement notice or as a separate document).
8
Without prejudice to the power of the court to cancel or modify an enforcement notice under regulation 14, no failure on the part of a fire authority to —
a
issue a written notice of intent or receive or consider representations under paragraph (3);
b
give reasons under paragraph (4) or (7);
c
consult under paragraph (2) or (5); or
d
give a written opinion under regulation 10(3),
shall make an enforcement notice void.
Enforcement notices: rights of appeal
14
1
A person on whom an enforcement notice is served may, within 21 days from the day on which the enforcement notice is served, appeal to the court.
2
Subject to paragraph (3), on an appeal under this regulation the court may either cancel or affirm the enforcement notice, and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.
3
Where a fire authority have served an enforcement notice on a person without having first given him an opportunity to make representations under regulation 13(3), the court shall cancel the enforcement notice if it is of the view that —
a
no reasonable fire authority could have concluded that the risk to employees in case of fire was so serious that the issuing of an enforcement notice could not be delayed; and
b
the person on whom the notice has been served has been materially prejudiced by the failure to afford him the opportunity to make representations.
4
Where an appeal is brought under this regulation against an enforcement notice, the bringing of the appeal shall not have the effect of suspending the operation of the notice unless, on the application of the appellant, the court so directs (and then only from the giving of the direction).
5
In this regulation “the court” means —
a
in England and Wales, a magistrates' court acting for the petty sessions area in which any relevant workplace is situated; and
b
in Scotland, the sheriff within whose jurisdiction any relevant workplace is situated,
and for this purpose a “relevant workplace” is a workplace in respect of which the enforcement notice was served, other than a workplace covered by the notice by virtue of regulation 13(2).
6
An appeal to the sheriff under this regulation shall be by summary application.
Enforcement notices: offence
15
1
It is an offence for a person to contravene any requirement imposed by an enforcement notice.
2
Any person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or both.
3
In any proceedings for an offence under this regulation it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Enforcement orders
16
1
Where —
a
it appears to a fire authority that a person has failed to comply with any requirement imposed on him by the workplace fire precautions legislation in respect of a workplace, or employees who work in a workplace, situated in the area for which they perform the functions of fire authority; and
b
the court is satisfied, on the application of the fire authority, that that person is obliged to take any action in order to comply with the requirement, either in respect of such a workplace or such a workplace and other workplaces,
the court may, subject to paragraph (7), order that person to take that action.
2
Before making an application to the court under this regulation, a fire authority shall —
a
give the person against whom they are proposing to proceed a written notice of intent stating —
i
that the authority are proposing to make the application and the reasons why they are proposing to do so;
ii
what steps they consider are necessary to remedy his failure to comply with the workplace fire precautions legislation;
iii
(where the authority propose to seek an enforcement order which requires any alteration to a building) whether the authority have consulted or are consulting any person under paragraph (5) and, if so, the identity of that person and the reason for the consultation; and
iv
that he may, within a period specified in the notice of intent, make written representations to the authority or, if he so requests, make oral representations to a person nominated by the authority;
b
afford that person an opportunity to make representations in accordance with the notice of intent (where he so requests making and giving effect to arrangements for him to make oral representations); and
c
consider any representations which are duly made and not withdrawn.
3
Where, having considered any representations made under paragraph (2), the authority decide to apply for an enforcement order against a person, they shall give him a written statement of the reasons for their decision.
4
Where a fire authority have served a written notice of intent under regulation 13(3) and have received representations made in response to that notice by the person concerned but consider, in the light of those representations or for any other reason, that it is appropriate to proceed by way of an application for an enforcement order rather than by way of an enforcement notice, the authority need not serve a written notice of intent under paragraph (2).
5
Before making any application to the court for an enforcement order which would oblige a person to make an alteration to a building, the fire authority shall consult —
a
such persons as they would have been required to consult under section 17 of the 1971 Act (duty of fire authorities to consult other authorities before requiring alterations to buildings) if, instead of intending to apply for an enforcement order, they had been proposing to issue an improvement notice under section 9D of that Act; and
b
any other person whose consent to the alteration would be required by or under any enactment.
6
No failure on the part of a fire authority to —
a
issue a written notice of intent or receive or consider representations under paragraph (2);
b
give reasons under paragraph (3);
c
consult under paragraph (5); or
d
give a written opinion under regulation 10(3),
shall make an application under this regulation void.
7
Where a fire authority have made an application to the court under this regulation without having first given the person proceeded against an opportunity to make representations, either under paragraph (2) or regulation 13(3), the court shall reject the application if it is of the view that that person has been materially prejudiced by the failure.
8
In this regulation “the court” means:
a
in England and Wales, a county court; and
b
in Scotland, the sheriff.
9
An application to the sheriff under this regulation shall be by summary application.
PART V
FURTHER, CONSEQUENTIAL AND MISCELLANEOUS PROVISIONS
Application of the 1971 Act
17
1
Subject to paragraph (3), the sections of the 1971 Act listed in paragraph (2) shall have effect in relation to these Regulations as if —
a
the requirements of the workplace fire precautions legislation were requirements of regulations made under section 12 of that Act; and
b
any reference (however expressed) in those sections to —
i
“premises” included a reference to a workplace, other than an excepted workplace;
ii
premises to which regulations made under section 12 of that Act apply included a reference to a workplace in connection with which obligations are imposed by the workplace fire precautions legislation;
iii
an “owner” or “occupier” of premises included a reference to an employer or other person on whom obligations are imposed under the workplace fire precautions legislation in respect of a workplace; and
iv
the 1971 Act included a reference to the workplace fire precautions legislation.
2
The sections of the 1971 Act referred to in paragraph (1) are —
16 (duty of local authority to consult fire authority in certain cases before passing plans); 19 (powers of inspectors); 20 (exercise on behalf of fire inspectors of their powers by officers of fire brigades); 21 (restrictions on disclosure of information); 22(1) (falsification of documents, false statements etc.); 23 (offences by bodies corporate); 25 (defence available to persons charged with offences); 26 (appeals to magistrates' courts); 27 (appeal from order made on complaint); 27A (civil and other liability); 30 (provisions as to sections 59 and 60 of Public Health Act 1936 and certain similar enactments); 32 (provision for securing exercise of local Act powers in conformity with the 1971 Act); 38 (service of documents); and 43 (interpretation).
3
The following sections of the 1971 Act referred to in paragraph (2) shall have effect for the purposes of these Regulations with the following modifications —
a
section 16 shall have effect as if the references therein to “a designated use” included a reference to use as a workplace to which Part II of these Regulations applies;
b
section 22(1) shall have effect as if paragraphs (a) and (b) were omitted;
c
section 25 shall only have effect in connection with sections 21 and 22(1) of the 1971 Act as applied by this regulation; and
d
section 43 shall have effect only for the purposes of the provisions of the 1971 Act applied by this regulation.
4
A fire certificate deemed to have been issued under the 1971 Act by virtue of paragraph 2 of Schedule 8 to the 1974 Act shall not have effect to the extent that it would require a person to contravene any provision of the workplace fire precautions legislation; and the fire authority may amend the certificate to the extent necessary to prevent the certificate requiring such contravention.
5
Where an amendment under paragraph (4) is made on the application of any person affected by the certificate and is confined to requirements of the kind referred to in section 6(1) of the 1971 Act, the applicant shall pay to the authority such fee as the authority may determine, not exceeding an amount which represents the cost to the authority of the work reasonably done by them for the purposes of the amendment of the certificate (other than the cost of any inspection of the premises).
Application to the Crown
18
1
Subject to paragraphs (2) to (7), these Regulations, other than regulations 10, 11 and 13 to 16, shall bind the Crown.
2
Section 10 of the 1971 Act, to the extent it is extended by regulation 12, shall only bind the Crown in so far as it applies to premises and workplaces owned by the Crown but not occupied by it.
3
Regulation 17 shall only bind the Crown to the extent that it applies sections 19, 21 and 32 of the 1971 Act and then only in so far as those sections apply to premises and workplaces owned by the Crown but not occupied by it.
4
To the extent that they apply to the Crown, these Regulations, together with any provision of the 1971 Act applied by these Regulations, shall have effect with the substitution, for any reference to a fire authority, of —
a
in the case of workplaces occupied solely for the purposes of the armed forces of the Crown, a reference to the fire service maintained by the Secretary of State for Defence; and
b
in any other case, a reference to a fire inspector or any person authorised by the Secretary of State to act for the purposes of this regulation.
5
Any power exercisable by virtue of paragraph (4) by a fire inspector shall be exercisable also by any person if and so far as he is authorised in writing by such an inspector to exercise that power; but a fire inspector shall not authorise an officer of a fire brigade under this paragraph except with the consent of the fire authority who maintain that brigade.
6
In this regulation “fire inspector” means an inspector or assistant inspector appointed under section 24 of the Fire Services Act 1947.
7
Nothing in these Regulations shall be taken to authorise the entry of any premises occupied by the Crown.
Application to visiting forces, etc.
19
1
These Regulations shall apply to a visiting force or an international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 —
a
only to the extent that they apply to the Crown; and
b
with the substitution, for any reference in these Regulations (and in any provision of the 1971 Act applied by these Regulations) to a fire authority, of a reference to the fire service maintained by the Secretary of State for Defence.
2
In paragraph (1) “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952 .
Application to premises occupied by the UK Atomic Energy Authority
20
Regulation 10 and section 30 of the 1971 Act as applied by regulation 17 shall not apply to any workplace over which the United Kingdom Atomic Energy Authority has control; and in the application of the remaining provisions of these Regulations to such a workplace —
a
for any reference to a fire authority in these Regulations (and in any provision of the 1971 Act applied by these Regulations) there shall be substituted a reference to a fire inspector (within the meaning of regulation 18(6)) or any person authorised by the Secretary of State to act for the purposes of this regulation; and
b
for the reference in section 20(1) of the 1971 Act as applied by regulation 17 to an officer of the fire brigade maintained by the fire authority there shall be substituted a reference to any person.
Employee consultation
21
1
The Safety Representatives and Safety Committees Regulations 1977 shall be amended by the insertion of the words “or regulation 4(2)(b) of the Fire Precautions (Workplace) Regulations 1997” at the end of regulation 4A(1)(b).
2
The Health and Safety (Consultation with Employees) Regulations 1996 shall be amended by the insertion of the words “or regulation 4(2)(b) of the Fire Precautions (Workplace) Regulations 1997” at the end of regulation 3(b).
3
The provisions of the Safety Representatives and Safety Committees Regulations 1977 amended by this regulation shall continue to be regarded (to the extent that they would otherwise be so regarded) as provisions of health and safety regulations within the meaning of the 1974 Act.
Disapplication of section 9A of the 1971 Act
22
In section 9A of the 1971 Act (duty as to means of escape and for fighting fire) there shall be inserted, at the end of subsection (2), the words “but this section does not apply where Part II of the Fire Precautions (Workplace) Regulations 1997 applies”.
George Howarth
Parliamentary Under-Secretary of State
Home Office
28th July 1997


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
This Order may be cited as The A406 Trunk Road (Barnet) Red Route (Clearway) Traffic Order 1996 Variation Order 1997 and shall come into force on 23rd June 1997.
Variations
2
The A406 Trunk Road (Barnet) Red Route (Clearway) Traffic Order 1996 is varied as provided by the following provisions of this Order.
3
In Article 4 the words “Not taken up” are removed and replaced with the words
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 3A 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.
4
In Article 7 the words “(1) Not taken up” are removed and replaced with the words
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item.
5
In schedule 2, items 1 to 12 the words “an average width” are removed and replaced with the words “a width”
6
In Schedule 2, delete items 8 and 9 from the Table.
7
In Schedule 2, after item 12 in the table, add the following items: —
13
The A406 North Circular Road, the north western side, area of carriageway parallel to the north-western kerb between a point 37.8 metres north-east of the north easternmost edge of Templehof Avenue overbridge and a point 8.4 metres to the north-east and having a width of 2.3 metres throughout
14
The A406 North Circular Road, the south eastern side, area of carriageway parallel to the south-eastern kerb between a point 15.2 metres south-west of the south-westernmost edge of Templehof Avenue overbridge and a point 20.4 metres to the south-west and having a width of 2.3 metres throughout
15
The A406 North Circular Road, the north-west side, area of footway 0.5 metres from and parallel to the north-western kerb-line between a point 5 metres south west of the north-eastern wall of Sheila House and a point 9.5 metres south-west of the north-eastern wall of Sheila House and having a width of 1.8 metres throughout
16
The A406 North Circular Road, the north-west side, area of footway 0.5 metres from and parallel to the north-western kerb-line between a point 14 metres south-west of the north-eastern wall of Sheila House and a point 19 metres south-west of the north-eastern wall of Sheila House and having a width of 1.8 metres throughout
17
The A406 North Circular Road, the north-west side, area of footway 0.5 metres from and parallel to the north-western kerb-line between a point 2.7 metres north-east of the north-eastern kerb-line of the access road between Sheila House and Brentview House and a point 8.7 metres north-east of the said north-eastern kerb-line and having a width of 1.8 metres throughout
18
The A406 North Circular Road, the north-west side, area of footway 0.5 metres from and parallel to the north-western kerb-line between a point 5.0 metres south-west of the south-western kerb-line of the access road between Sheila House and Brentview House and a point 19.5 metres south-west of the said south-western kerb-line and having a width of 1.8 metres throughout.
8
A new schedule 3A is added as follows:
SCHEDULE 3A
Lengths of the trunk road red route clearway on which there are exemptions for parking and disabled persons’ vehicles.
Articles 4 and 7(1)
Table
(1) (2) (3) (4) (5) Item Length of road Restricted hours Maximum period of parking Minimum interval
1. The A406 North Circular Road, the north side, from a point 6.6 metres west of the western kerb-line of Tillingbourne Gardens to a point 41.2 metres west of the western kerb–line of Tillingbourne Gardens and having a width of 2.3 metres throughout At any time
TRO 238
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
16th June 1997.


text:
1
This Order may be cited as the Public Telecommunication System Designation (Videotron No. 2 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:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 1997 and shall come into force on 1st January 1998.
2
The Motor Vehicles (Driving Licences) Regulations 1996 shall be amended in accordance with the following regulations.
3
1
Regulation 3(1) shall be amended as follows.
2
For the definition of “incomplete large vehicle” there shall be substituted —
“incomplete large vehicle” means —
an incomplete motor vehicle, typically consisting of a chassis and a complete or incomplete cab, which is capable of becoming, on the completion of its construction, a medium-sized or large goods vehicle or a passenger-carrying vehicle, or
a vehicle which would be an articulated goods vehicle but for the absence of a fifth-wheel coupling,
and which is not drawing a trailer,
.
3
For the definition of “maximum authorised mass” there shall be substituted —
“maximum authorised mass” —
in relation to a goods vehicle, has the same meaning as “permissible maximum weight” in section 108(1) of the Traffic Act,
in relation to an incomplete large vehicle, means its working weight, and
in relation to any other motor vehicle or trailer, has the same meaning as “maximum gross weight” in regulation 3(2) of the Construction and Use Regulations;
.
4
At the end, there shall be inserted —
“working weight” means the weight of a vehicle in working condition on a road but exclusive of the weight of any liquid coolant and fuel used for its propulsion.
.
4
1
Regulation 6 shall be amended as follows.
2
For paragraph (6) there shall be substituted —
6
A person may drive an incomplete large vehicle —
a
having a working weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes if he holds a relevant full licence authorising the driving of vehicles in sub-category C1, or
b
having a working weight exceeding 7.5 tonnes if he holds a relevant full licence authorising the driving of vehicles in category C, other than vehicles in sub-category C1,
unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only incomplete large vehicles of the appropriate weight specified in paragraph (a) or (b) which have automatic transmission.
.
3
In paragraph (9) —
a
in sub-paragraph (c), the word “and” shall be omitted, and
b
after that sub-paragraph, there shall be inserted —
cc
if he is aged 70 or over, is not suffering from a relevant disability in respect of which the licensing authority would be bound to refuse to grant him a Group 2 licence (within the meaning of regulation 65), and
.
5
In regulation 7, after paragraph (10), there shall be inserted —
10A
In item 7, in the case of an incomplete large vehicle —
a
which has a working weight not exceeding 3.5 tonnes, the age of 17 is substituted for the age of 21;
b
which has a working weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes, the age of 18 is substituted for the age of 21.
.
6
For regulation 65(3) there shall be substituted —
3
Subject to paragraph (9)(cc) of regulation 6, a licence shall be a Group 1 licence in so far as it authorises, by virtue of paragraph (7), (8) or (9) of that regulation, the driving of a class of motor vehicles which is not included in a category or sub-category specified in relation to a Group 1 licence in paragraph (1) or (2) above.
.
7
For regulation 73 there shall be substituted —
73
Paragraph (1)(c) of regulation 48 shall apply until 1st January 1999 as if the words “other than a mobile crane” were omitted.
.
Signed by authority of the Secretary of State for Transport
Helene Hayman
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
8th December 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Lone Parents) (Amendment) Regulations 1997 and shall come into force on 6th April 1998.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Council tax benefit: students who are not excluded from entitlement
2
In regulation 40(3) of the Council Tax Benefit Regulations (students who are not excluded from entitlement to council tax benefit) —
a
after sub-paragraph (a) there shall be inserted the following sub-paragraph —
aa
who is a lone parent;
;
b
in sub-paragraph (b) —
i
after the word “include” there shall be inserted the word “the”;
ii
the words “a family premium under paragraph 3(a) of Schedule 1,” shall be omitted.
Council tax benefit: amendment of provisions relating to family premium
3
In paragraph 3 of Schedule 1 to the Council Tax Benefit Regulations (family premium) —
a
after “3.” there shall be inserted
—
1
;
b
in head (a) of the renumbered sub-paragraph (1), for the words “and no premium is applicable under paragraph 9, 10, 11 or 12” there shall be substituted the words “to whom sub-paragraph (2) applies”;
c
after sub-paragraph (1) there shall be inserted the following sub-paragraphs —
2
The amount in sub-paragraph (1)(a) shall be applicable to a lone parent —
a
who was entitled to council tax benefit on 5th April 1998 and whose applicable amount on that date included the amount applicable under sub-paragraph (a) of this paragraph as in force on that date; or
b
on becoming entitled to council tax benefit where that lone parent —
i
had been treated as entitled to that benefit in accordance with sub-paragraph (4) as at the day before the date of claim for that benefit; and
ii
was entitled to housing benefit as at the date of claim for council tax benefit or would have been entitled to housing benefit as at that date had that day not fallen during a rent free period as defined in regulation 70(1) of the Housing Benefit (General) Regulations 1987 (“the Housing Benefit Regulations”),
and in respect of whom, all of the conditions specified in sub-paragraph (3) have continued to apply.
3
The conditions specified for the purposes of sub-paragraph (2) are that, in respect of the period commencing on 6th April 1998 —
a
the claimant has not ceased to be entitled, or has not ceased to be treated as entitled, to council tax benefit;
b
the claimant has not ceased to be a lone parent;
c
the claimant has not become entitled to either income support or to an income-based jobseeker’s allowance; and
d
a premium under paragraph 9, 10, 11 or 12 has not become applicable to the claimant.
4
For the purposes of sub-paragraphs (2)(b)(i) and (3)(a), a claimant shall be treated as entitled to council tax benefit during any period where he was not, or had ceased to be, so entitled and —
a
throughout that period, he had been awarded housing benefit and his applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 2 to the Housing Benefit Regulations ; or
b
he would have been awarded housing benefit during that period had that period not been a rent free period as defined in regulation 70(1) of the Housing Benefit Regulations and his applicable amount throughout that period would have included the amount applicable under paragraph 3(1)(a) of Schedule 2 to those Regulations.
.
Council tax benefit: disregard of certain sums in the calculation of a lone parent’s earnings
4
For paragraph 4 of Schedule 3 to the Council Tax Benefit Regulations (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph —
4
In a case where the claimant is a lone parent, £25.
.
Council tax benefit: conditions for an extended payment
5
In paragraph 2(c) of Schedule 5A to the Council Tax Benefit Regulations (conditions for an extended payment of council tax benefit) —
a
after head (i) there shall be inserted the following head —
ia
the claimant was a lone parent; or
;
b
in head (ii) —
i
the words “pursuant to paragraph 3(a) (rate of family premium applicable to a lone parent) or,” shall be omitted;
ii
after the word “carers,” there shall be inserted the words “pursuant to paragraph”.
Housing benefit: students who are treated as liable to make payments in respect of a dwelling
6
In regulation 48A(2) of the Housing Benefit Regulations (students who are treated as liable to make payments in respect of a dwelling) —
a
after sub-paragraph (a) there shall be inserted the following sub-paragraph —
aa
who is a lone parent;
;
b
in sub-paragraph (b) —
i
after the word “include” there shall be inserted the word “the”;
ii
the words “a family premium under paragraph 3(a) of Schedule 2,” shall be omitted.
Housing benefit: exclusions from reductions in the amounts of eligible rent relating to students
7
In regulation 51(2) of the Housing Benefit Regulations (exclusions from reductions in the amounts of eligible rent relating to students) —
a
in sub-paragraph (c)(i), the words “a family premium under paragraph 3(a) of Schedule 2 or” shall be omitted;
b
after sub-paragraph (c)(i) there shall be inserted the following head —
ia
he is a lone parent; or
.
Housing benefit: amendment of provisions relating to family premium
8
In paragraph 3 of Schedule 2 to the Housing Benefit Regulations (family premium) —
a
after “3.” there shall be inserted
—
1
;
b
in head (a) of the renumbered sub-paragraph (1), for the words “and no premium is applicable under paragraph 9, 9A, 10 or 11” there shall be substituted the words “to whom sub-paragraph (2) applies”;
c
after sub-paragraph (1) there shall be inserted the following sub-paragraphs —
2
The amount in sub-paragraph (1)(a) shall be applicable to a lone parent —
a
who was entitled to housing benefit on 5th April 1998 and whose applicable amount on that date included the amount applicable under sub-paragraph (a) of this paragraph as in force on that date; or
b
who was not entitled to housing benefit on 5th April 1998 because that date fell during a rent free period as defined in regulation 70(1) (rent free periods) and his applicable amount on that date would have included the amount applicable under sub-paragraph (a) of this paragraph as in force on that date; or
c
on becoming entitled to housing benefit where that lone parent —
i
had been treated as entitled to that benefit in accordance with sub-paragraph (4)(a) as at the day before the date of claim for that benefit; and
ii
was entitled to council tax benefit as at the date of claim for housing benefit,
and in respect of whom, all of the conditions specified in sub-paragraph (3) have continued to apply.
3
The conditions specified for the purposes of sub-paragraph (2) are that, in respect of the period commencing on 6th April 1998 —
a
the claimant has not ceased to be entitled, or has not ceased to be treated as entitled, to housing benefit;
b
the claimant has not ceased to be a lone parent;
c
the claimant has not become entitled to either income support or to an income-based jobseeker’s allowance; and
d
a premium under paragraph 9, 9A, 10 or 11 has not become applicable to the claimant.
4
For the purposes of sub-paragraphs (2)(c)(i) and (3)(a), a claimant shall be treated as entitled to housing benefit —
a
during any period where he was not, or had ceased to be, so entitled and throughout that period, he had been awarded council tax benefit and his applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 1 to the Council Tax Benefit (General) Regulations 1992 ;
b
during any rent free period as defined for the purposes of regulation70(1).
.
Housing benefit: disregard of certain sums in the calculation of a lone parent’s earnings
9
For paragraph 4 of Schedule 3 to the Housing Benefit Regulations (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph —
4
In a case where the claimant is a lone parent, £25.
.
Housing benefit: conditions for an extended payment
10
In paragraph 2(c) of Schedule 5A to the Housing Benefit Regulations (conditions for an extended payment of housing benefit) —
a
after head (i) there shall be inserted the following head —
ia
the claimant was a lone parent; or
;
b
in head (ii) —
i
the words “pursuant to paragraph 3(a) (rate of family premium applicable to a lone parent) or,” shall be omitted;
ii
after the word “carers,” there shall be inserted the words “pursuant to”.
Income support: amendment of provisions relating to family premium
11
In paragraph 3 of Schedule 2 to the Income Support Regulations (family premium) —
a
after “3.” there shall be inserted
—
1
;
b
in head (a) of the renumbered sub-paragraph (1), for the words “and no premium is applicable under paragraph 9, 9A, 10 or 11” there shall be substituted the words “to whom sub-paragraph (2) applies”;
c
after sub-paragraph (1) there shall be inserted the following sub-paragraphs —
2
The amount in sub-paragraph (1)(a) shall be applicable to a lone parent —
a
who was entitled to income support on 5th April 1998 and whose applicable amount on that date included the amount applicable under sub-paragraph (a) of this paragraph as in force on that date; or
b
on becoming entitled to income support where the claimant was entitled to an income-based jobseeker’s allowance on 5th April 1998 and that claimant’s applicable amount —
i
on that date included the amount applicable under sub-paragraph (a) of paragraph 4 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 (“the Jobseeker’s Allowance Regulations”) as in force on that date; and
ii
on the last day of that award, included the amount applicable under paragraph 4(1)(a) of Schedule 1 to the Jobseeker’s Allowance Regulations ,
and in respect of whom, all of the conditions specified in sub-paragraph (3) have continued to apply.
3
The conditions specified for the purposes of sub-paragraph (2) are that, in respect of the period commencing on 6th April 1998 —
a
the claimant has not ceased to be entitled, or has not ceased to be treated as entitled, to income support;
b
the claimant has not ceased to be a lone parent; and
c
a premium under paragraph 9, 9A, 10 or 11 has not become applicable to that claimant.
4
For the purpose of sub-paragraph (3)(a), a claimant shall be treated as entitled to income support during the period of an award of an income-based jobseeker’s allowance, throughout which his applicable amount included the amount applicable under paragraph 4(1)(a) of Schedule 1 to the Jobseeker’s Allowance Regulations.
.
Income support: disregard of certain sums in the calculation of a lone parent’s earnings
12
For paragraph 5 of Schedule 8 to the Income Support Regulations (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph —
5
In a case where the claimant is a lone parent and paragraph 4 does not apply, £15.
.
Jobseeker’s allowance: amendment of provisions relating to family premium
13
In paragraph 4 of Schedule 1 to the Jobseeker’s Allowance Regulations (family premium) —
a
after “4.” there shall be inserted
—
1
;
b
in head (a) of the renumbered sub-paragraph (1), for the words “and no premium is applicable under paragraph 10, 11, 12 or 13” there shall be substituted the words “to whom sub-paragraph (2) applies”;
c
after sub-paragraph (1) there shall be inserted the following sub-paragraphs —
2
The amount in sub-paragraph (1)(a) shall be applicable to a lone parent —
a
who was entitled to an income-based jobseeker’s allowance on 5th April 1998 and whose applicable amount on that date included the amount applicable under sub-paragraph (a) of this paragraph as in force on that date; or
b
on becoming entitled to an income-based jobseeker’s allowance where the claimant was entitled to income support on 5th April 1998 and that claimant’s applicable amount —
i
on that date, included the amount applicable under sub-paragraph (a) of paragraph 3 of Schedule 2 to the Income Support Regulations as in force on that date; and
ii
on the last day of that award, included the amount applicable under paragraph 3(1)(a) of Schedule 2 to the Income Support Regulations ,
and in respect of whom, all of the conditions specified in sub-paragraph (3) have continued to apply.
3
The conditions specified for the purposes of sub-paragraph (2) are that, in respect of the period commencing on 6th April 1998 —
a
the claimant has not ceased to be entitled, or has not ceased to be treated as entitled, to an income-based jobseeker’s allowance;
b
the claimant has not ceased to be a lone parent; and
c
a premium under paragraph 10, 11, 12 or 13 has not become applicable to the claimant.
4
For the purpose of sub-paragraph (3)(a), a claimant shall be treated as entitled to an income-based jobseeker’s allowance during the period of an award of income support, throughout which his applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 2 to the Income Support Regulations.
.
Jobseeker’s allowance: disregard of certain sums in the calculation of a lone parent’s earnings
14
For paragraph 6 of Schedule 6 to the Jobseeker’s Allowance Regulations (disregard of certain sums in the calculation of a lone parent’s earnings) there shall be substituted the following paragraph —
6
In a case where the claimant is a lone parent and paragraph 5 does not apply, £15.
.
Signed by authority of the Secretary of State for Social Security.
Patricia Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
24th July 1997


text:
1
This Order may be cited as the Criminal Justice and Public Order Act 1994 (Commencement No. 11 and Transitional Provision) Order 1997.
2
Section 158(2), (6) and (7) (extradition procedures) and section 159(5) (backing of warrants: Republic of Ireland) shall come into force on 1st April 1997.
3
1
Subject to paragraph (2) below, section 158(5) and (8) shall come into force on 1st April 1997.
2
In relation to a case where, before 1st April 1997, the Secretary of State has received either an extradition request under section 7 of the Extradition Act 1989, or, as the case may be, a requisition for the surrender of a fugitive criminal under paragraph 4(1) of Schedule 1 to that Act, section 9 of and Schedule 1 to the Extradition Act 1989 shall continue to apply on and after that date as if this Order had not been made.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
15th March 1997


text:
1
This Order may be cited as The A10 Trunk Road (Haringey) (Temporary Prohibition of Traffic) Order 1997 and shall come into force on 22nd November 1997.
2
In this Order “West Green Road” means the road of that name in the London Borough of Haringey.
3
This Order is made because the Traffic Director for London is satisfied that traffic in the A10 High Road at its junction with West Green Road should be prohibited because works are being or are proposed to be executed on or near to the aforesaid junction.
4
During the period starting at 00.01 hours on Saturday 22nd November 1997 and ending at 23.59 on Monday 12th January 1998 or when those works have been completed, whichever is the sooner, subject to the provisions of article 5 below, no person shall cause or permit any vehicle to turn left from the A10 High Road into West Green Road.
5
1
The provisions of article 4 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 4 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
TRO 352
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
21st November 1997


text:
1
This Order may be cited as the Bedfordshire (Coroners) Order 1997 and shall come into force on 1st April 1997.
2
1
There shall be a single coroner’s district, called the Bedfordshire and Luton Coroner’s District, for the Counties of Bedfordshire and Luton (which county comes into existence on 1st April 1997 by virtue of article 8(2) of the Bedfordshire (Borough of Luton) (Structural Change) Order 1995 ).
2
The Council of the County of Bedfordshire shall be the relevant council within the meaning of section 1(1A) of the Coroners Act 1988 for the coroner’s district constituted by paragraph (1) above.
3
The person who, at 31st March 1997, is the coroner for the County of Bedfordshire shall be deemed on 1st April 1997 to be appointed coroner for the coroner’s district constituted by paragraph (1) above.
4
Any person who, at 31st March 1997, is a deputy or assistant deputy coroner for the County of Bedfordshire shall be deemed on 1st April 1997 to be appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above.
3
1
On 1st April 1997, any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for the County of Bedfordshire shall be deemed to have been issued, made, given, begun or done by or to the coroner for the coroner’s district constituted by article 2(1) above.
2
All documents, exhibits, registers and other things in the custody of the coroner for the County of Bedfordshire in connection with inquests or post-mortem investigations shall be transferred to the coroner for the coroner’s district constituted by article 2(1) above.
3
In this article “coroner” includes any deputy coroner or assistant deputy coroner.
Tom Sackville
Parliamentary Under-Secretary of State
Home Office
21st February 1997


text:
1
This Order may be cited as The A4 Trunk Road (Great West Road, Hounslow) Red Route (Temporary Prohibition of Traffic) ( No. 3) Order 1997 and shall come into force on the 20th October 1997.
2
In this Order “Clayponds Avenue” and “Clayponds Lane” means those roads of that name in the London Borough of Hounslow.
3
This Order is made because the Traffic Director for London is satisfied that traffic in the A4 Great West Road in the London Borough of Hounslow at its junction with Clayponds Avenue should be prohibited because works are being or are proposed to be executed on or near that junction.
4
During the period starting at 00.01 hours on 20th October 1997 and ending at 23.59 on 21st January 1998 or when those works have been completed, whichever is the sooner, subject to the provisions of article 5 below, no person shall cause or permit any vehicle:
a
proceeding westbound on the A4 Great West Road, Hounslow, to turn right into Clayponds Avenue.
b
proceeding eastbound on the A4 Great West Road, Hounslow, to turn right into Clayponds Lane.
c
on entering the A4 Great West Road from Clayponds Lane to proceed ahead into Clayponds Avenue.
d
on entering the A4 Great West Road from Clayponds Avenue to proceed ahead into Clayponds Lane.
5
1
The provisions of article 4 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 4 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
17th October 1997


text:
Title and commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy (No. 2) (Amendment) Order 1997 and shall come into force on 24th October 1997.
Amendment of the Bovine Spongiform Encephalopathy (No. 2) Order 1996
2
1
The Bovine Spongiform Encephalopathy (No. 2) Order 1996 shall be amended in accordance with the following provisions of this article.
2
In article 10(3)(a), for the words “a veterinary inspector” there shall be substituted the words “an inspector of the Minister or a veterinary inspector”.
3
In Form F in the Schedule to the Order for the words “a veterinary inspector” there shall be substituted the words “a veterinary inspector/inspector”.
4
In Form G in the Schedule to the Order: —
a
for the words “a veterinary inspector” there shall be substituted the words “a veterinary inspector/inspector”; and
b
for the words “Form E” there shall be substituted the words “Form F”.
Jeff Rooker
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
24th September 1997
Brian Wilson
Minister of State Scottish Office
2nd October 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State Welsh Office
29th September 1997


text:
Citation and commencement
1
1
This Order may be cited as the Inverness Harbour Revision Order 1997 and shall come into force on 18th August 1997.
2
The Inverness Harbour Acts and Orders 1808 to 1983 and this Order may be cited together as the Inverness Harbour Acts and Orders 1808 to 1997.
Interpretation
2
1
In this Order —
“deposited plan and section” means the plan and section prepared in triplicate, signed by the Head of Ports Division in theDepartment of Transport and marked “Plans and section referred to in the Inverness Harbour Revision Order 1997”, of which two copies are deposited at the offices of the Secretary of State for Transport and one at the principal office of the Trustees;
“level of highwater” means the level of mean high water springs;
“limits of deviation” means the limits of deviation shown on the deposited plans;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“Trustees” means the Trustees of the Harbour of Inverness;
“undertaking” means the undertaking of the Trustees for the time being authorised;
“works” means the works authorised by this Order or, as the case may require, any part thereof.
2
This Order shall be read as if the words “or thereabouts” were inserted after each distance mentioned in article 3 of this Order.
Power to construct works
3
1
Subject to the provisions of this Order the Trustees may and in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plan and section construct and maintain the works hereinafter described, together with all necessary and proper works and conveniences connected with or incidental thereto, that is to say:
A quay wall of sheet steel piling commencing at the existing Citadel Quay extension and then proceeding in a north-westerly direction for a distance of 230 metres downstream and terminating at this point where it joins an extension upstream of the existing Longman Quay together with an infilling of the bed of the River Ness as impounded by the said wall and the existing embankment and the provision of a deck of reinforced concrete thereover.
2
The Trustees may within the limits of deviation reconstruct, renew, enlarge or alter temporarily or permanently the works.
Subsidiary works
4
Subject to the provisions of this Order, the Trustees may, within the limits of deviation, from time to time erect, construct and maintain, whether temporarily or permanently, all such necessary works and conveniences and take such measures as may be requisite, or expedient for the purposes of or in connection with the construction, maintenance and use of the works.
Power to deviate
5
In constructing the works the Trustees may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited section to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient.
Tidal works not to be executed without approval of Secretary of State
6
1
A tidal work shall not be constructed, reconstructed, renewed, enlarged or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, reconstructed, renewed, enlarged or altered in contravention of paragraph (1) above or of any condition or restriction imposed under the said paragraph —
a
the Secretary of State may by notice in writing require the Trustees at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if on the expiration of thirty days from the date when the notice is served upon the Trustees they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may himself remove the tidal work or part of it and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Trustees.
Survey of tidal works
7
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a tidal work constructed by the Trustees or of the site upon which it is proposed to construct the work and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Trustees.
Provision against danger to navigation
8
1
In case of injury to, or destruction or decay of, a tidal work or any part thereof, the Trustees shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Trustees fail to notify the Commissioners of Northern Lighthouses as required by paragraph (1) above or to comply in any respect with any direction given under the said paragraph they shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
9
1
Where a tidal work is abandoned or suffered to fall into decay, the Secretary of State may by notice in writing require the Trustees at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under paragraph (1) above.
3
If, on the expiration of thirty days from the date when a notice under paragraph (1) above is served upon the Trustees they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Trustees.
Lights on tidal works during construction
10
1
The Trustees shall at or near a tidal work during the whole time of the construction, reconstruction, renewal, enlargement, or alteration thereof exhibit, every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Trustees fail to comply in any respect with a direction given under paragraph (1) above they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Permanent lights on tidal works
11
1
After the completion of a tidal work the Trustees shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioner of Northern Lighthouses shall from time to time direct.
2
If the Trustees fail to comply in any respect with a direction given under paragraph (1) above they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Obstructing works
12
Any person who intentionally obstructs any person acting under the authority of the Trustees in setting out the lines of the works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Work to form part of undertaking and application of byelaws
13
1
The works shall for all purposes form part of the undertaking.
2
All byelaws and regulations of the Trustees for the time being in force relating to the undertaking shall as far as applicable apply to the works and may be enforced by the Trustees accordingly.
Defence in relation to offences under articles 8, 10 and 11 of this Order
14
1
In any proceedings for an offence under article 8, 10 or 11 of this Order, it shall be a defence for the Trustees to prove that they took all reasonable precautions and exercised all due diligence to avoid commission of such an offence.
2
If in any case the defence made under paragraph (1) above involves an allegation that the commission of the offence was due to the act or default of another person, the Trustees shall not, without the leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, they have served on the prosecution a notice in writing giving such information as was then in their possession identifying or assisting in the identification of that other person.
Saving for Town and Country Planning
15
1
Section 274 of the Town and Country Planning (Scotland) Act 1972 (which declares that the provisions of that Act and any restrictions or powers thereby imposed or conferred in relation to land apply to land notwithstanding that provision is made by any local Act passed before or during the session of Parliament held during the regnal years 10 & 11 Geo. 6 for authorisation or regulation of development of the land) shall apply to this Order as if it had been passed during that session; and accordingly the Town and Country Planning (Scotland) Act 1972 and orders, regulations, rules, schemes and directions made or given thereunder shall apply to development authorised by this Order.
2
In their application to development authorised by this Order, article 3 of, and Class X in Schedule 1 to, the Town and Country Planning (General Development) (Scotland) Order 1981 (which permit development authorised by any local or private Act or by any order approved by both Houses of Parliament, or by an order made under section 14 or section 16 of the Harbours Act 1964, being an Act or order designating specifically both the nature of the development thereby authorised and the land on which it may be carried out) shall have effect as if the authority to develop given by this Order were limited to development begun within ten years of the coming into operation of this Order.
Crown rights
16
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing herein contained shall authorise the Trustees or any licensee of the Trustees to take, use, enter upon or in any manner interfere with any land or interest in land or any rights of whatsoever description (including any proportion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a Government department or held in trust for Her Majesty for the purposes of a Government department without the consent in writing of that Government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Signed by authority of the Secretary of State for Transport
S.K. Reeves
Head of Ports Division,
Department of the Environment, Transport and the Regions
4th August 1997


text:
Citation and commencement
1
These Regulations may be cited as the Leasehold Reform (Notices) Regulations 1997 and shall come into force on 1st April 1997.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Leasehold Reform Act 1967;
any reference to a numbered section is a reference to the section so numbered in the Act; and
any reference to a numbered Form is a reference to the Form bearing that number in the Schedule to these Regulations or a form substantially to the same effect.
Forms to be used by tenants and landlords
3
1
The form to be used by a tenant for the purpose of giving notice under Part I (enfranchisement and extension of long leaseholds) of the Act of his desire to have the freehold or an extended lease of a house and premises is Form 1.
2
The form to be used by a tenant for the purpose of giving notice under subsection (1)(b)(ii) of section 28 (retention or resumption of land required for public purposes) of his claim to be entitled to acquire the freehold or an extended lease of a house and premises is Form 2.
3
The form to be used by a landlord for the purpose of responding to a tenant’s notice under paragraph (1) or (2) is Form 3.
Revocation, savings and transitional provision
4
1
Subject to paragraph (2), the Leasehold Reform (Notices) Regulations 1967 , the Leasehold Reform (Notices) Regulations 1969 and the Leasehold Reform (Notices) (Amendment) Regulations 1993 are hereby revoked.
2
The Regulations revoked by paragraph (1) shall continue to apply in a case where a notice under section 8, 14 or 28 (tenant’s notice of desire to have or claim to be entitled to acquire the freehold or an extended lease) was given before the date these Regulations come into force.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
4th March 1997
William Hague
Secretary of State for Wales
5th March 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Portsmouth Health Care National Health Service Trust (Transfer of Trust Property) Order 1997 and shall come into force on 3rd July 1997.
2
In this Order —
“the Authority” means the Portsmouth and South-East Hampshire Health Authority, established on 1st April 1996 ;
“the trust” means the Portsmouth Health Care National Health Service Trust;
“the trust property” means the items specified in a Schedule of trust property prepared by and agreed upon by the Authority and the trust on 10th June 1996 which schedule has been signed on behalf of the Authority and the trust.
Transfer of trust property
2
On 3rd July 1997 the trust property shall be transferred from the Authority to the trust.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State
Department of Health
3rd June 1997


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1997 and shall come into force on 1st August 1997.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulation 3(2) of these Regulations shall apply as from 1st October 1997 to vehicles registered under the Vehicle Excise and Registration Act 1994 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Amendment of regulation 61 (emission of smoke, vapour, gases, oily substances, etc )
3
1
Regulation 61 shall be amended as follows.
2
For Table II there shall be substituted the Table set out in the Schedule to these Regulations.
Amendment to Schedule 7B (emissions from certain motor vehicles)
4
1
Schedule 7B shall be amended as follows.
2
For sub-paragraph (b) of paragraph 7 there shall be substituted the following sub-paragraph —
b
“the emissions publication” is the publication entitled “In-Service Exhaust Emissions Standards for Road Vehicles (Third Edition)” ( ISBN 0–9526457–2–6) published by the Department of Transport.
Signed by authority of the Secretary of State for Transport
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
20th June 1997


text:
1
This Order may be cited as the Northern Ireland (Emergency and Prevention of Terrorism Provisions) (Continuance) Order 1997 and shall come into force on 16th June 1997.
2
In this Order —
a
“the temporary provisions of the 1996 Act ” means Parts I to VII of the Northern Ireland (Emergency Provisions) Act 1996 except
i
section 7, Part III of Schedule 1 and, so far as they relate to offences which are scheduled offences by virtue of that Part, sections 3, 10 and 11; and
ii
sections 55 and 56; and
b
“the 1989 Act provisions ” means the provisions referred to in section 27(11) of the Prevention of Terrorism (Temporary Provisions) Act 1989, that is to say Parts III and V of that Act so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 30 of the Northern Ireland (Emergency Provisions) Act 1996 or offences or orders under that section.
3
The temporary provisions of the 1996 Act except section 36 and Schedule 3, and the 1989 Act provisions, shall continue in force for a period of twelve months beginning with 16th June 1997.
P. B. B. Mayhew
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
26th March 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Kent and Canterbury Hospitals National Health Service Trust (Transfers of Trust Property) Order 1997 and shall come into force on 14th March 1997.
2
In this Order,
“the Authority” means the West Kent Health Authority;
“the first Trust” means the Mid-Kent Healthcare National Health Service Trust;
“the second Trust” means the Kent and Canterbury Hospitals National Health Service Trust;
“the trust property” means —
in the case of trust property to be transferred from the first Trust, the items specified in a schedule of trust property prepared by and agreed upon by the first Trust and the second Trust on 27th November 1995, which schedule has been signed on behalf of both those NHS trusts;
in the case of trust property to be transferred from the Authority, the items specified in a schedule of trust property prepared by and agreed upon by the former West Kent Health Authority and the second Trust on 20th March 1995, which schedule has been signed on behalf of both that Authority and the second Trust.
Transfer of trust property
2
On 14th March 1997 the trust property shall be transferred from the first Trust and the Authority to the second Trust.
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under-Secretary of State,
Department of Health
17th February 1997


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No 8) (Early Disposal of Reclaiming Motions and Appeals) 1997 and shall come into force on 1st December 1997.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Powers of vacation judge as respects early disposal of certain reclaiming motions and appeals.
2
1
Chapter 11 of the Rules of the Court of Session 1994 shall be amended as follows.
2
In rule 11.1 (powers of vacation judge), after paragraph (1) insert–
1A
Subject to paragraph (2) of this Rule, the vacation judge may, during vacation, in a case where early disposal of a reclaiming motion or appeal is sought by virtue of rule 38.7A or 40.7A make any order or refusal, or give any direction, under rule 38.14(6) or 40.12(6) which might be made or given during session by the nominated judge.
.
Early disposal of reclaiming motions
3
1
Chapter 38 of those Rules shall be amended as follows.
2
After rule 38.7 insert–
Required application for early disposal of certain reclaiming motions
38.7A
Where a party reclaims against an interlocutor mentioned in paragraph (4) or (5) of rule 38.3, he shall, under rule 38.13(1)(a), seek early disposal of the reclaiming motion.
.
3
In rule 38.13 (early disposal of reclaiming motion)–
a
in paragraph (1)–
i
after the words “reclaiming motion”, where they occur for the first time, insert “(in the case of the reclaimer, whether or not by virtue of rule 38.7A)”; and
ii
in sub-paragraph (a), for the words “the words “and for early disposal”” substitute “either the words “and for early disposal on the Summar Roll” or the words “and for early disposal in the Single Bills””; and
b
for paragraphs (2) to (4) substitute–
2
The entry in the rolls in respect of the motion for early disposal shall be starred; and the parties shall, at the hearing of that motion, provide the Inner House with an assessment of the likely duration of the hearing to determine the reclaiming motion.
3
At the hearing of the motion for early disposal, the Inner House may–
a
appoint the cause to the Summar Roll for hearing; or
b
direct that the cause be heard in the Single Bills,
and may make such order as to the lodging of grounds of appeal as it thinks fit.
4
At any hearing of the reclaiming motion in the Single Bills, the Inner House may determine the motion or make such other order as it thinks fit.
.
4
In rule 38.19 (lodging of appendices), after paragraph (4) add–
5
In a case where early disposal is sought by virtue of rule 38.7A, the Inner House may, on the application by motion of the reclaimer, determine that paragraphs (1) to (4) shall not apply or shall apply subject to such modifications as it considers appropriate.
.
Early disposal of appeals from inferior courts
4
1
Chapter 40 of those Rules shall be amended as follows.
2
After rule 40.7 insert–
Required application for early disposal of appeal against interlocutor other than final judgment
40.7A
On lodging an appeal print under rule 40.7(2)(a)(ii) in respect of an appeal marked against an interlocutor of an inferior court in a case where the interlocutor is not a final judgment, the appellant shall make application under rule 40.11(1)(a) for early disposal of the appeal.
.
3
In rule 40.9(1) (appeals deemed abandoned), in sub-paragraph (b), at the end add–
which, in a case where rule 40.7A is applicable, shall mean the requirements of rule 40.7(2) as read with rules 40.7A and 40.11(1)(a)
.
4
In rule 40.11 (early disposal of appeal)–
a
in paragraph (1)–
i
after the words “an appeal” insert “(in the case of the appellant, whether or not by virtue of rule 40.7A)”; and
ii
at the end of sub-paragraph (a) (but before the word “; or” which immediately follows that sub-paragraph) insert “, specifying in the motion whether he seeks disposal on the Summar Roll or in the Single Bills”; and
b
for paragraphs (2) to (4) substitute–
2
The entry in the rolls in respect of the motion for early disposal shall be starred; and the parties shall, at the hearing of that motion, provide the Inner House with an assessment of the likely duration of the hearing to determine the appeal.
3
At the hearing of the motion for early disposal, the Inner House may–
a
appoint the cause to the Summar Roll for hearing; or
b
direct that the cause be heard in the Single Bills,
and may make such order as to the lodging of grounds of appeal as it thinks fit.
4
At any hearing of the appeal in the Single Bills, the Inner House may determine the appeal or make such other order as it thinks fit.
.
5
In rule 40.17 (lodging of appendices), after paragraph (4) add–
5
In a case where early disposal is sought by virtue of rule 40.7A, the Inner House may, on the application by motion of the appellant, determine that paragraphs (1) to (4) shall not apply or shall apply subject to such modifications as it considers appropriate.
.
SAVING
5
Paragraphs 2 to 4 of this Act of Sederunt shall not affect the application of the said Chapters 11, 38 and 40 in relation to a reclaiming motion marked before 1st December 1997 or an appeal as respects which the appeal print is lodged before that date.
Rodger of Earlsferry
Lord President, I.P.D.
Edinburgh
7th November 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lambeth Healthcare National Health Service Trust (Transfer of Trust Property) Order 1997 and shall come into force on 19th September 1997.
2
In this Order —
“the Special Trustees” means the Special Trustees for St. Thomas' Hospital;
“the Trust” means the Lambeth Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Special Trustees and the Trust on 3rd February 1997, which schedule has been signed on behalf of both the Special Trustees and the Trust.
Transfer of trust property
2
On 19th September 1997 the trust property shall be transferred from the Special Trustees to the Trust.
Signed by authority of the Secretary of State for Health,
Alan Milburn
Minister of State,
Department of Health
21st August 1997