text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Guardians Ad Litem and Reporting Officers (Panels) (Amendment) Regulations 1997 and shall come into force on 29th July 1997.
2
In these Regulations, unless the context otherwise requires, “the principal Regulations ” means the Guardians Ad Litem and Reporting Officers (Panels) Regulations 1991 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1 (citation, commencement and interpretation) in paragraph (2) after the definition of “complaints board” there shall be inserted the following definitions —
“joint complaints board” has the meaning given to it in regulation 5(7);
“justices’ clerk” has the same meaning as it has in the Justices of the Peace Act 1997 ;
.
3
In regulation 3 (complaints boards and panel committees) in paragraph (a) after the words “conferred on them by regulations” there shall be inserted “4A,”.
4
In regulation 4 (appointments to panels) —
a
in paragraph (2) the words “who they propose to appoint to the panel” where they last occur shall be omitted; and
b
in paragraph (4) for the words “subject to regulation 5” there shall be substituted the words “subject to regulations 4A(5) and 5”.
5
After regulation 4 there shall be inserted the following regulation —
Non reappointment to panel
4A
1
Where a local authority propose not to reappoint a person to be a panel member, they shall, before the expiry of that person’s existing appointment —
a
notify him in writing of the reasons why it is proposed that he should not be reappointed to the panel; and
b
give him an opportunity of making representations to the local authority.
2
Where the local authority, having considered any representations made under paragraph (1)(b), still propose not to reappoint the person, they shall, before the expiry of his existing appointment, advise him in writing that he may refer the matter to a complaints board under this regulation.
3
If the person refers the matter to a complaints board, the complaints board shall make a recommendation to the local authority after taking account of any representations of the person whom the local authority propose not to reappoint.
4
The local authority shall consider the recommendation of the complaints board as to reappointment, decide whether or not to reappoint the person to be a panel member and give notice to that person in writing of their decision, together with their reasons for the decision.
5
Notwithstanding regulation 4(4), the existing appointment of a person who is not reappointed to be a panel member may be extended for the purpose of enabling him to continue to act in any relevant proceedings for which he was appointed before the date on which his appointment would otherwise have expired.
.
6
In regulation 5 (termination of panel membership) after paragraph (5) there shall be inserted the following paragraphs —
6
Notwithstanding the preceding provisions of this regulation and the provisions of regulation 3(a) and Schedule 1, where —
a
more than one local authority proposes to terminate the membership of a person who is a member of the panel established by each of those authorities;
b
the authorities’ reasons for proposing to terminate that person’s membership are similar or related; and
c
each of the authorities has considered any representations made under paragraph 2(b) of this regulation,
the authorities may agree that they will refer the matter to a joint complaints board.
7
Membership of a joint complaints board shall be determined by agreement between the authorities concerned and shall consist of a minimum of 3 and a maximum of 6 persons —
a
one of whom is neither an officer nor a member of a local authority;
b
one or more of whom are involved in the functions in respect of services for children and their families of a local authority other than an authority convening the joint complaints board; and
c
one or more of whom are justices’ clerks or officers appointed by a magistrates’ courts committee to be the deputy to a justices’ clerk.
.
7
In regulation 6 (complaints about the operation of panels and members of the panels) —
a
in paragraph (1) the words from “including refusal to reappoint” to the end shall be omitted; and
b
after paragraph (4) there shall be inserted the following paragraph —
5
Notwithstanding the preceding provisions of this regulation and the provisions of regulation 3(a) and Schedule 1, where similar or related complaints are made to more than one local authority in respect of a person who is a member of the panel established by each of those authorities, the authorities may agree that they will investigate the complaints jointly, refer the complaints to a joint complaints board and make a joint decision about the complaints.
.
8
After regulation 6 there shall be inserted the following regulation —
Determination of non-availability for appointment pending investigation of a complaint about a member of a panel
6A
If a complaint is made about a member of a panel and, before it has made a decision about that complaint in accordance with regulation 6, the local authority considers that the nature of the complaint and the evidence in support of it may indicate that the panel member is unfit to carry out the functions of a guardian ad litem or reporting officer, the local authority —
a
shall, in respect of all relevant proceedings for which the panel member has been appointed give notice of the complaint to the court before which those proceedings are to be heard; and
b
without prejudice to the decision of the court whether the panel member should continue to act in relevant proceedings for which he has already been appointed, may determine that the panel member should not be made available for further appointments in relevant proceedings until a decision has been made on the complaint and on any related proposal to terminate the person’s panel membership.
.
9
In regulation 8 (panel committee functions) for paragraph (d) there shall be substituted the following paragraph —
d
the handling of complaints concerning guardians ad litem, reporting officers and the administration of the panel, and matters arising from those complaints (but not the investigation of particular complaints).
.
10
In regulation 9 (expenses, fees and allowances of members of panels) for paragraph (2) there shall be substituted the following paragraph —
2
No fees shall be paid by local authorities by virtue of paragraph (1) of this regulation in respect of a member of a panel who is employed under a contract of service by a local authority or probation committee for thirty hours or more a week.
.
11
After regulation 12 (revocation of regulations) there shall be inserted the following regulation —
Contracting out of functions in relation to the provision of panels of guardians ad litem and reporting officers
13
Where any function of a local authority under these Regulations is exercised by a person other than the authority in accordance with an Order made under section 70 of the Deregulation and Contracting Out Act 1994 , regulation 5(7) (joint complaints board) and Schedule 1 (complaints board) shall have effect in relation to that authority as if, in each case, in paragraph (a) at the end there were inserted the words —
nor a person who is authorised to exercise any function of the local authority which is conferred by these Regulations in accordance with an Order made under section 70 of the Deregulation and Contracting Out Act 1994, nor an employee of such a person.
12
In Schedule 1 (complaints board) in paragraph (c) for the words after “a justices’ clerk” there shall be substituted the words “or an officer appointed by a magistrates’ court committee to be the deputy to a justices’ clerk”.
13
In Schedule 2 (panel committee) in paragraph (1) —
a
after the words “at least one of” there shall be inserted the words “each of”; and
b
in sub-paragraph (b) for the words after “a justices’ clerk” there shall be substituted the words “or an officer appointed by a magistrates’ court committee to be the deputy to a justices’ clerk”.
Transitional provisions
3
1
Regulation 4A of the principal Regulations shall not apply in the case of any member of a panel whose appointment is due to expire on a date less than three months after the date on which these Regulations come into force.
2
Regulation 5(6) and (7) of the principal Regulations shall not apply in the case of any proposal to terminate a person’s membership of a panel which is made by a local authority before the date on which these Regulations come into force.
3
Regulation 6(5) of the principal Regulations shall not apply in the case of any complaint which is made to a local authority before the date on which these Regulations come into force.
Signed by authority of the Secretary of State for Health
Paul Boateng
Parliamentary Under-Secretary of State,
Department of Health
8th July 1997


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Authorities (Members' Allowances) Regulations 1997 and shall come into force on 1st April 1997 (“the commencement day”).
2
In these Regulations `the principal regulations' means the Local Authorities (Members' Allowances) Regulations 1991 .
Increase of allowances
2
1
The principal regulations are amended as follows.
2
In regulation 17(2) (allowance in respect of conferences and meetings) for “£26.96” there is substituted, in relation to attendance at a conference or meeting on or after the commencement day, “£27.70”.
3
In regulation 18(1) (attendance allowance) for “£26.96” there is substituted, in respect of an approved duty performed on or after the commencement day, “£27.70”.
4
In regulation 18(2) (financial loss allowance), in respect of an approved duty performed on or after the commencement day —
a
in paragraph (a) for “£23.10” there is substituted “£23.96”, and
b
in paragraphs (b) and (c), for “£46.21” there is substituted “£47.92”.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
1997
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State,
Welsh Office
4th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Secure Tenants of Local Housing Authorities (Right to Repair) (Amendment) Regulations 1997 and shall come into force on 12th February 1997.
Amendment
2
The Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994 are amended as follows —
a
in regulation 3(1), after “secure tenants” insert “and introductory tenants”;
b
in regulation 3(2)
i
for “dwelling-houses let to secure tenants” substitute, “relevant dwelling-houses”; and
ii
at the end add —
In this paragraph “a relevant dwelling-house” means a dwelling-house let to a secure tenant or to an introductory tenant.
.
c
in regulations 5(1), 5(2)(a), 7(1) and 7(3) after “secure tenant” insert “or intro-ductory tenant”.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
14th January 1997
William Hague
Secretary of State for Wales
16th January 1997


text:
PART I
GENERAL
Citation, commencement and revocation
1
1
These Regulations may be cited as the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 and shall come into force on 1st November 1997.
2
The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990 are hearby revoked.
Interpretation
2
1
In these Regulations, unless the context otherwise requires:
“Bulk Cargoes Code” means the 1996 edition of IMO Code of Practice for Solid Bulk Cargoes;
“ BCH Code ” means the 1993 edition of the IMO Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;
“cargo transport unit” means a road freight vehicle, a railway freight wagon, a freight container, a road tank vehicle, a railway tank wagon and a portable tank;
“classify” means to determine whether goods are dangerous goods or a marine pollutant for the purposes of sea transport. This is the determination (by appropriate method) of whether the goods possess the hazardous characteristics of classes from 1 to 9 of the IMDG Code in accordance with the most hazardous property of the goods. It extends to goods —
listed in the IMDG Code;
not specifically listed but falling within the defining criteria for the classes from 1 to 9 of the IMDG Code; and
where there is any cause to suspect that the substance is a marine pollutant as defined by the IMDG Code;
“correct technical name” means a description of the goods sufficient to identify their dangerous or polluting characteristics;
“dangerous goods” means goods classified in the IMDG Code or in any other IMO publication referred to in these Regulations as dangerous for carriage by sea, and any other substance or article that the shipper has reasonable cause to believe might meet the criteria for such classification;
This expression also includes —
residues in empty receptacles, empty tanks or cargo holds which have been used previously for the carriage of dangerous goods unless such receptacles, empty tanks or cargo holds have been cleaned and dried, purged, gas freed or ventilated as appropriate or, in the case of radioactive materials, have been both cleaned and adequately closed; and
goods labelled, marked or declared as dangerous goods.
The expression shall not include goods forming part of the equipment or stores of the ship in which they are carried;
“dangerous goods declaration” means, subject to regulation 12, a certificate or declaration in writing, signed by the person making it, that the shipment offered for carriage is properly classified, packaged, marked, labelled and placarded, as appropriate, in accordance with the IMDG Code and is in proper condition for carriage by sea;
“employee” means a person (including the master but excluding dock workers or shore-based repair or other workers temporarily employed on board the ship) employed:
in the deck, engine, radio, medical or catering department of a ship, or
in the provision of goods, services or entertainment on board;
“forwarder” means the person by whom the dangerous goods declaration or marine pollutants declaration and packing certificate are received, and any person responsible for packing the goods into a cargo transport unit, for eventual delivery to the ship or its agent;
“Gas Carrier Code” means the 1983 edition of the IMO Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;
“Gas Carrier Code for Existing Ships” means the 1976 edition of the IMO Code for Existing Ships Carrying Liquefied Gases in Bulk, including the first set of amendments (adopted by the Maritime Safety Committee of the IMO in April 1978), the second set of amendments (adopted by the Maritime Safety Committee of IMO in May 1979), the third set of amendments (adopted by the Maritime Safety Committee of IMO in May 1980) and the fourth set of amendments (adopted by the Maritime Safety Committee of IMO in November 1984);
“handling” includes the operations of loading, unloading and transferring dangerous goods or marine pollutants and cleaning, purging, gasfreeing, ullaging, sounding, sampling and similar operations required for the carriage of such goods in a ship; and cognate expressions shall be construed accordingly;
“ IBC Code ” means the 1994 edition of the IMO International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;
“ IGC Code ” means the 1993 edition of the IMO International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;
“IMDG Code” means the 1994 consolidated edition of the International Maritime Dangerous Goods Code as amended by Amendment No. 28–96;
“IMO” means the International Maritime Organisation;
“IMO Recommendations” means the 1995 edition of Recommendations on the Safe Transport of Dangerous Cargoes and Related Activities in Port Areas (1995 edition);
“in bulk” means directly and without intermediate form of containment in a hold, tank or cargo space, which is a structural part of or permanently attached to a ship;
“marine pollutant” means a substance classified as such in the IMDG Code, or as a noxious liquid substance in the IBC Code, and any other substance, material or article that the shipper has reasonable cause to believe might meet the criteria for such classification;
“marine pollutants declaration” means a certificate or declaration in writing, signed by the person making it, that the shipment offered for carriage is properly classified, packaged and marked in accordance with the IMDG Code and is in a proper condition for carriage to minimise the hazard to the marine environment;
“Marine Safety Agency” means the Marine Safety Agency, an executive agency of the Department of the Environment, Transport and the Regions;
“Merchant Shipping Notice” means a Notice described as such, issued by the Marine Safety Agency and any reference to a particular Merchant Shipping Notice includes a reference to any Merchant Shipping Notice amending or replacing it which the Secretary of State considers relevant from time to time;
“operator” in relation to a ship includes any owner, charterer, manager and agent of the ship;
“package” means an individual package or receptacle described in the IMDG Code an intermediate bulk container;
“packaged goods” means packaged dangerous goods or packaged marine pollutants;
“shipper” means a person who, whether as principal or agent for another, consigns for carriage by sea dangerous goods or marine pollutants;
“ SOLAS ” means the Safety of Life at Sea Convention 1974 , and its 1978 Protocol , as amended, as in force on 1st January 1996;
“ UN number” means the number allocated to the dangerous substance, article or material by the IMDG Code or in any other IMO publication referred to in these Regulations;
“United Kingdom ship” means a ship or hovercraft which —
is registered under Part II of the Merchant Shipping Act 1995;
is registered under the Hovercraft Act 1968 ;
is a Government ship, within the meaning of section 308(4) of the Merchant Shipping Act 1995 used for commercial purposes; or
is not registered under the law of any other country but is wholly owned by persons each of whom is —
a British citizen, a British Dependent Territories citizen or a British Overseas citizen, or
a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.
2
Any reference in these Regulations to the Bulk Cargoes Code, the BCH Code, the Gas Carrier Code, the Gas Carrier Code for existing ships, the IBC Code, the IGC Code, the IMDG Code, or IMO Recommendations shall include a reference to any document amending that publication which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.
3
Where these Regulations require the carriage of dangerous goods or marine pollutants to be in accordance with a Code or Recommendation referred to in paragraph (2), and the Secretary of State has specified in Merchant Shipping Notices MSN 1705 or MSN 1706 conditions in relation to such carriage then (whether or not the Code or Recommendation contains conditions on such matters) the Code or Recommendation shall have effect for the purposes of these Regulations as if it contains the conditions so specified by the Secretary of State. “Carriage” in this paragraph includes packing, documentation, packaging, marking, labelling, stowage, segregation and handling.
4
Any reference in these Regulations, unless otherwise stated,
a
to a numbered regulation is to the regulation of that number in these Regulations;
b
to a numbered paragraph is to the paragraph of that number in that regulation.
Amendment of Dangerous Substances in Harbours Areas Regulations 1987
3
The Dangerous Substances in Harbour Areas Regulations 1987 are hereby amended as follows:
a
in regulation 2(1) in sub-paragraph (a)(i) of the definition of “classification”, and in regulation 25(2)(e), for “the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990” there shall be substituted “the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997”;
b
in regulation 2(1), in the definition of “the IMDG Code”, for “regulation 1(3) of the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990” there shall be substituted “the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997”; and
c
in regulation 3(1), for “regulation 1(2) of the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990” there shall be substituted “the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997, except that nothing in those Regulations shall be construed as defining a marine pollutant in Class 9 of the IMDG Code under UN number 3077 or 3082 or any substance otherwise included in Class 9 of the IMDG Code solely by reason of its being a marine pollutant, as a dangerous substance for the purposes of these Regulations.”.
Exemptions
4
The Secretary of State may grant exemptions from all or any of the provisions of these regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.
Application
5
1
Subject to paragraph (2) these Regulations apply to ships carrying dangerous goods in bulk or packaged form or marine pollutants in packaged form.
2
These Regulations apply to United Kingdom ships wherever they may be and to other ships while they are within the United Kingdom waters.
General duties of operators and employers
6
1
It shall be the duty of every operator, every employer of persons aboard a ship and every master of a ship to ensure that, so far as is reasonably practicable, when dangerous goods are being handled, stowed or carried on the ship nothing in the manner in which those goods are handled, stowed or carried as the case may be is such as might create a significant risk to the health and safety of any person.
2
Without prejudice to the generality of the operator's, employer’s or master’s duty under paragraph (1) the matters to which the duty of the operator and of the employer extends shall include in particular:
a
the provision and maintenance of ship’s structure, fittings and equipment for the handling, stowage and carriage of dangerous goods.
b
the provision of such information, instruction, training and supervision to all employees in connection with the handling, stowage and carriage of dangerous goods in the ship.
3
If an employer, operator or master fails to comply with paragraphs (1) and (2) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level five on the standard scale.
4
It shall be a defence to a charge under this regulation in relation to the handling of dangerous goods that such handling was carried out in accordance with appropriate provisions of the IMO Recommendations.
General duties of employees aboard ship
7
1
It shall be the duty of every employee aboard ship:
a
to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions in connection with the handling, stowage and carriage of dangerous goods in the ship; and
b
as regards any duty or requirement imposed on the operator, or the employee’s employer by the Merchant Shipping Act 1995 or any regulation or rule made thereunder with regard to the health and safety of persons aboard a ship to which these Regulations apply, to cooperate with the operator or employer so far as is necessary to enable that duty or requirement to be performed or complied with in connection with the handling, stowage and carriage of dangerous goods in the ship.
2
If any employee aboard a ship carrying dangerous goods fails to comply with paragraph (1) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level three on the standard scale.
Misconduct endangering a United Kingdom ship or persons aboard
8
1
In connection with the handling, stowage and carriage of dangerous goods in a United Kingdom ship, no person shall intentionally or recklessly interfere with or misuse anything provided on, or disobey instructions displayed on, the ship in the interests of health or safety in pursuance of the Merchant Shipping Act 1995 or any regulation or rule made thereunder.
2
If any person aboard a ship carrying dangerous goods fails to comply with paragraph (1) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level four on the standard scale.
Onus of proving what is reasonably practicable
9
In any proceedings for an offence under regulation 5 or 6 consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the accused to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement.
PART II
CARRIAGE OF PACKAGED GOODS
Declaration
10
1
No packaged goods shall be offered for carriage or taken on board any ship unless a dangerous goods declaration or a marine pollutants declaration, or a combined dangerous goods and marine pollutants declaration, as appropriate has been provided to the master or operator.
2
The declaration referred to in paragraph (1) shall accurately identify the date the document was prepared and the name, status and company or organisation of the signatory.
3
No packaged goods shall be offered for carriage or taken on board any ship unless the master or operator has been provided with a document including without prejudice to regulation 11(2). Such details include the following details —
a
the proper shipping name,
b
the class and division where applicable,
c
the United Nations (UN) numbers where allocated by the IMDG Code,
d
where relevant the packaging or packing group,
e
the number and kind of packages,
f
the total quantity of dangerous goods or net explosive mass of the contents,
g
the words MARINE POLLUTANT where appropriate; and
h
any other information required by the IMDG Code.
4
The declaration referred to in paragraph (1) shall be combined with the document referred to in paragraph (3).
5
It shall be the duty of the shipper to deliver to the operator or master the declaration required by this regulation, unless he does not deliver the goods to the ship or its agent.
6
In consigning the goods for carriage by sea, the shipper shall make proper provision to ensure the onward delivery of the declaration and document required by this regulation to the ship or its agent.
7
In the case that the goods are not delivered by the shipper to the ship or its agent, but are provided to another person for onward delivery of the goods or for the consolidation of the goods with other goods or cargoes for eventual delivery, responsibility for providing the document and declaration shall rest upon the forwarder and each person responsible for onward transfer and delivery as it does for the shipper in paragraphs (5) and (6). Responsibility for providing the document and declaration shall not extend to those persons who are solely engaged in the loading of the goods onto the ship or moving the goods around the port or terminal.
8
The requirements of paragraph (7) shall be without prejudice to the duties of the shipper contained in regulations 11 and 12.
9
If a shipper, a forwarder, or other person referred to in paragraph (7) —
a
fails to provide the operator or master of the ship with the document and declaration as required by this regulation, or
b
provides a declaration or document which he knows to be false or recklessly makes a declaration which is false in a material particular,
he shall be guilty of an offence.
10
If an operator or master accepts for carriage, or takes or receives on board any packaged goods for which a document and declaration which is required by this regulation has not been provided he shall be guilty of an offence.
Preparation of goods for transport
11
1
The shipper shall not offer packaged goods for carriage unless:
a
all the conditions specified in the IMDG Code have been complied with in relation to their declaration, classification, marking, packaging, labelling, placarding and prior notification to competent authority or consignee, as appropriate; and
b
in the case of goods in a portable tank or tank container or vehicle the goods have been properly and safely prepared for carriage by sea by comply with applicable tank requirements in accordance with the IMDG Code.
2
In preparing any goods for shipment it shall be the duty of the shipper to identify and classify dangerous goods or marine pollutants in order to ensure that the proper precautions and preparations can be made for transport as required by these Regulations.
3
No declaration required by regulation 10 above shall be signed by the shipper unless paragraphs (1) and (2) have been complied with.
4
Any contravention of paragraphs (1) to (3) shall be an offence by the shipper.
5
An operator or master shall not accept for carriage, or take or receive on board any packaged goods where he has reasonable cause to suspect that the goods are not in compliance with paragraph (1). Any contravention of this paragraph by the operator or master shall be an offence.
Container or Vehicle Packing Certificates
12
1
Where packaged goods are to be packed or shipped in or on a cargo transport unit, the person responsible for packing such goods therein shall:
a
ensure that the stowage, segregation and securing of the goods is adequate and in accordance with the IMDG Code;
b
provide the operator or master or shipper or forwarder, with a signed packing certificate in accordance with the requirements of the IMDG Code, indicating the cargo transport unit, identification number or numbers and identifying the place and date of the operation, the name of the person responsible for the packing and his status, and company or organisation.
2
This regulation does not apply in relation to goods packaged within a portable tank, road tank vehicle, rail tank wagon or tank container.
3
a
If the person responsible for packing such goods contravenes paragraph (1) he shall be guilty of an offence.
b
If the shipper or forwarder fails to provide the operator or master of the ship with the signed packing certificate he shall be guilty of an offence.
4
An operator or the master shall not accept on any ship any cargo transport unit with such goods in it without a signed packing certificate. If an operator or the master contravenes with this paragraph he shall be guilty of an offence.
Documentation by electronic data processing or electronic data interchange
13
A dangerous goods declaration, marine pollutant declaration, any accompanying documentation required by regulations 10 and 12 and a packing certificate may be provided directly to the master or operator in the form of a paper document or by electronic data processing or electronic data interchange methods.
List, manifest or stowage plan
14
1
The master of any ship carrying packaged goods shall cause a special list, manifest or stowage plan to be carried in the ship:
a
setting out details, obtained from the shipping documents submitted by the shipper, of the packaged goods on board including the correct technical name of the goods, their classification in accordance with the IMDG Code and their mass or volume; and
b
showing details of the location in the ship where the goods are stowed.
2
The information required by paragraph (1) may be contained in a combined list, manifest or stowage plan relating to both packaged dangerous goods and packaged marine pollutants, or in two such lists, manifests or stowage plans, one relating to dangerous goods and the other to marine pollutants. Where a combined document is used it shall show clearly which goods are dangerous goods and which are marine pollutants.
3
The master shall also carry in the ship any additional special documents where required by the IMDG Code for the carriage of packaged dangerous goods.
4
Any such list, manifest or stowage plan and any additional special documents required for the acceptance of goods for carriage in the ship pursuant to paragraph (3) shall be kept available for reference or inspection on board the ship until the goods have been discharged from the ship.
5
If the master of a ship carrying packaged goods fails to cause a list, manifest or stowage plan or additional special documents to be carried in the ship or kept available as required by paragraph (4), he shall be guilty of an offence.
Marking and labelling
15
1
Packaged goods shall not be taken on any ship for carriage in that ship unless they are marked, labelled and placarded, and display a fumigation warning sign, as appropriate and specified in the IMDG Code.
2
Any breach of paragraph (1) relating to the marking, labelling or placarding of packaged goods shall be an offence on the part of the shipper of those goods.
3
If an operator or master accepts dangerous goods or marine pollutants on board a ship in any package which has not been marked, labelled or placarded or does not display a fumigation warning sign, as required by paragraph (1), he shall be guilty of an offence.
Stowage on board ship
16
1
Packaged goods shall not be accepted on board if their stowage on board is prohibited by the IMDG Code.
2
Packaged goods shall not be accepted on board unless any necessary additional safety equipment is provided in accordance with the IMDG Code.
3
Packaged goods shall be adequately stowed, segregated and secured on board ship in accordance with the IMDG Code.
4
If an operator or master accepts on board ship packaged goods in contravention of paragraph (1) or (2) he shall be guilty of an offence.
5
If an operator or master fails to comply with the provisions of paragraph (3) he shall be guilty of an offence.
17
1
Where the vessel carries a cargo securing manual pursuant to regulation 18, cargo transport units, including containers, shall be loaded, stowed and secured throughout any voyage in accordance with the cargo securing manual.
2
If an operator or master fails to comply with paragraph (1) he shall be guilty of an offence.
Cargo securing documentation
18
1
On and after 1st January 1998 no packaged goods shall be carried on ships of the following descriptions —
i
all ships engaged on international voyages;
ii
passenger ships engaged on voyages other than international voyages; and
iii
cargo ships of 500 gross tons or over engaged on voyages other than international voyages;
without carrying a Cargo Securing Manual drawn up to a standard contained in the IMO Maritime Safety Committee Circular MSC /Circ. 745 dated 13th June 1996 and approved by or on behalf of the Secretary of State or the administration of the state in which the ship is registered, or whose flag the ship is entitled to fly.
2
If an operator or master fails to comply with paragraph (1) he shall be guilty of an offence.
Operational requirements
19
1
The operator and master shall ensure all employees are familiar with the essential actions to be taken in an emergency involving such packaged goods as are carried on the ship.
2
If an operator or master fails to comply with paragraph (1) he shall be guilty of an offence.
PART III
Carriage of Dangerous Goods or Marine Pollutants in Bulk
20
1
Dangerous goods or marine pollutants shall not be handled or carried in bulk in any ship if the operator has any cause to believe that such goods may not be so handled or carried safely in that ship.
2
Without prejudice to paragraph (1):
a
where the dangerous goods or marine pollutants in question are goods listed in Chapter VI of the BCH Code, or in Chapter 17 of the IBC Code, or in Chapter XIX of the Gas Carrier Code for Existing Ships, or in Chapter XIX of the Gas Carrier Code, or in Chapter 19 of the IGC Code, or are classified dangerous goods listed in Appendix B of the Solid Bulk Cargoes Code, they shall be handled and carried in accordance with the requirements of whichever of the codes is appropriate; or
b
where the dangerous goods or marine pollutants, in question consist of a liquid chemical or a liquefied gas which is not listed in the Codes mentioned in sub-paragraph (a), they shall be handled and carried in accordance with an approval given by the Secretary of State. Any such approval shall be given in writing and shall specify the date on which it takes effect and the conditions (if any) on which it is given.
3
If there is any breach of paragraphs (1) or (2) the operator and master shall each be guilty of an offence.
Documentation
21
1
The shipper of any dangerous goods or marine pollutants to be carried in bulk shall provide the operator or the master with a notification in writing giving notice of the nature of the goods and, in the case of liquid goods with a flashpoint at or below 60 degrees celsius (closed cup), specifying the flashpoint of those goods. Such notification shall specify the correct technical name of the goods, their UN number (if any) and, for dangerous goods carried in solid form in bulk, the classification as listed in the IMDG Code to which those goods belong.
2
If a shipper of any dangerous goods or marine pollutants in bulk —
a
fails to provide the operator or the master with a notification in writing, or
b
provides a notification which he knows to be false or recklessly provides a notification which is false in a material particular, he shall be guilty of an offence.
3
The master of a ship carrying dangerous goods or marine pollutants in bulk shall cause a specific list, manifest or stowage plan to be carried in the ship for the voyage on which it is currently engaged:
a
setting out details, obtained from the shipping documents submitted by the shipper, of the dangerous goods or marine pollutants carried aboard the ship for the voyage on which it is currently engaged including the correct technical name of the goods, their mass or volume and, where the dangerous goods are shown in Appendix B of the Bulk Cargoes Code, the Classification in accordance with the IMDG Code; and
b
showing details of the location in the ship where the goods are stowed.
4
The master shall also carry in the ship any additional special documents where required by the Bulk Cargoes Code, the BCH or IBC Codes or the IGC or Gas Carrier Codes for the carriage of dangerous goods or marine pollutants.
5
Any such list, manifest or stowage plan and any additional special documents required for the acceptance of such goods for carriage in the ship shall be kept available for reference or inspection on board the ship until the goods have been discharged from the ship.
6
If the master of a ship carrying dangerous goods or marine pollutants in bulk fails to cause a list or stowage plan or any additional special documents referred to in paragraph (3) to be carried in the ship or kept available as required by paragraph (5), he shall be guilty of an offence.
PART IV
Spaces for carriage of packaged goods and dangerous goods in solid form in bulk
22
1
a
This regulation applies to —
i
passenger ships constructed on or after 1st September 1984;
ii
cargo ships of 500 tons or over, constructed on or after 1st September 1984; and
iii
cargo ships of less than 500 tons constructed on or after 1st February 1992.
b
In this paragraph —
i
“cargo ship” means a ship other than —
aa
a passenger ship;
bb
a pleasure vessel within the meaning of regulation 3 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1993 ; or
cc
a fishing vessel;
ii
“passenger ship” means a ship carrying more than 12 passengers;
iii
the date on which a ship was constructed is the date on which the keel was laid, or on which it was at a similar state of construction; and “similar stage of construction” means a stage at which:
aa
construction identifiable with a specific craft begins; and
bb
assembly of that craft has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is the less.
2
No packaged goods or solid dangerous goods in bulk shall be taken on board or accepted for carriage or carried on any ship unless the spaces in which they are to be carried or are carried, as the case may be, comply with the provisions of Regulation 54 in Chapter II-2 of SOLAS (whether or not the ship is engaged on international voyages).
3
In the case of ships engaged on international voyages no packaged goods or solid dangerous goods in bulk shall be taken on board, or carried, unless the ship has on board a Document of Compliance issued by or on behalf of the Secretary of State or the competent authority of the State in which it is registered.
4
Any operator or master who accepts for carriage, or carries, packaged goods or dangerous goods in solid form in bulk:
a
on a ship in which the spaces in which they are to be or are carried in do not comply as required by paragraph (2); or
b
in the case of a ship engaged on international voyages, on a ship which does not have on board a Document of Compliance as required by paragraph (3),
shall be guilty of an offence.
PART V
ENFORCEMENT
Power to detain
23
In any case where a ship does not comply with the requirements of these Regulations the ship shall be liable to be detained and section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that as if for the words “this Act”, wherever they appear, there were substituted the words “the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997”.
Penalties
24
1
A person guilty of an offence under Parts II, III or IV of these Regulations shall be liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
2
In any proceedings for an offence under Parts II, III or IV of these Regulations it shall be a defence for a person to prove that:
a
all reasonable steps had been taken by him to ensure compliance with the Regulations; or
b
he did not know nor ought to have known nor had reasonable grounds for suspecting the goods to be dangerous goods or marine pollutants as the case may be; or
c
that the goods were handled and carried in accordance with the provisions of the IMDG Code where appropriate; or
d
if the person charged is the operator or master, in the case of goods packed in a freight container or vehicle, that before the freight container or vehicle was taken on board the ship the person responsible for packing the goods into the freight container or vehicle had provided the operator or master of the ship with a signed packing certificate certifying that the goods had been properly packed in the freight container or vehicle; or
e
the goods being solid dangerous goods in bulk were being handled and carried in accordance with the Bulk Cargoes Code; or
f
the goods being liquid chemical or gaseous dangerous goods in bulk such goods were being handled and carried in accordance with the relevant requirements of the BCH Code, the IBC Code, the Gas Carrier Code, the Gas Carrier Code for Existing Ships or the IGC Code;
g
the goods were being carried in accordance with Merchant Shipping Notices MSN 1705 or MSN 1706 where appropriate.
Offences due to fault of another person
25
Where the commission by any person of an offence under Parts I, II , III or IV of these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
24th September 1997


text:
Citation, commencement and interpretation
1
This Order may be cited as the Supreme Court Fees (Amendment) Order 1997 and shall come into force on 1st December 1997.
2
In this Order: —
a
an article referred to by number means the article so numbered in the Supreme Court Fees Order 1980 ;
b
a fee or column referred to by number means the fee or column so numbered in the Schedule to that Order;
c
a form referred to by number means the form so numbered in Appendix A to the Rules of the Supreme Court 1965 .
Amendments to the Supreme Court Fees Order 1980
3
Article 5 shall be amended as follows: —
a
in paragraph (1)(a), for the words from “income support” to “1992” there shall be substituted “any qualifying benefit”;
b
after paragraph (1) there shall be inserted the following new paragraph: —
1A
The following are qualifying benefits for the purposes of paragraph (1)(a) above: income support, family credit and disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 , and income-based jobseeker’s allowance under the Jobseekers Act 1995 .
.
4
After Fee No. 4 there shall be inserted the following new fee:
Column 1 Column 2 Column 3
Item Fee £ Document to be marked
4A
On an application under the Arbitration Act 1996 whereby High Court Proceedings are originated
120.00 The arbitration application (in Form No. 8A )
5
After Fee No. 5D there shall be inserted the following new fee:
Column 1 Column 2 Column 3
Item Fee £ Document to be marked
5DA
On any of the following applications under the Arbitration Act 1996:
a
an application by consent before a judge
20.00 The draft order
b
an application by consent before a master or district judge, where an appointment is taken
30.00 The arbitration application (in Form No. 8A)
c
an application before a Judge where an appointment is taken, other than an application by consent or an ex parte application.
50.00 The arbitration application (in Form No. 8A)
.
Irvine of Lairg, C.
Dated 30th October 1997
We concur,
Bingham of Cornhill, C.J.
Woof, M.R.
Stephen Brown, P.
Richard Scott, V.-C.
Dated 31st October 1997
We concur,
Graham Allen
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 5th November 1997


text:
Citation and commencement
1
This Order may be cited as the Personal Pension Schemes (Establishment of Schemes) Order 1997 and shall come into force on 24th October 1997.
Interpretation
2
In this Order “section 632” means section 632 of the Income and Corporation Taxes Act 1988 .
Amendments to section 632
3
In subsection (1) of section 632 —
a
after paragraph (a) there shall be inserted —
aa
an EC company which —
i
lawfully carries on long term business in the United Kingdom, or
ii
lawfully provides long term insurance in the United Kingdom;
;
b
after paragraph (d) there shall be added —
e
an institution which —
i
is a European institution within the meaning of regulation 3(1) of the Banking Coordination (Second Council Directive) Regulations 1992 , and
ii
in conformity with the conditions and requirements of those Regulations, carries on in the United Kingdom, through a branch established in the United Kingdom for that purpose, or by the provision of services, any activity falling within item 1, 7 or 11 of the list of activities contained in Schedule 1 to those Regulations.
4
After subsection (2) of section 632 there shall be inserted —
2ZA
For the purposes of subsection (1)(aa) above an EC company —
a
lawfully carries on long term business in the United Kingdom if it does so through a branch in respect of which such of the requirements of Part I of Schedule 2F to the Insurance Companies Act 1982 as are applicable have been complied with;
b
lawfully provides long term insurance in the United Kingdom if such of those requirements as are applicable have been complied with in respect of the insurance.
5
After subsection (2A) of section 632 there shall be inserted —
2B
For the purposes of this section —
a
references to an EC company shall be construed in accordance with section 2(6) of the Insurance Companies Act 1982 ;
b
references to long term business shall be construed in accordance with section 1(1) of that Act;
c
references to the provision of long term insurance in the United Kingdom shall be construed in accordance with section 96A(3A) of that Act .
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd October 1997


text:
Citation and commencement
1
These Regulations may be cited as the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 1997 and shall come into force on 2nd February 1998.
Preliminary
2
The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 2 (Interpretation)
3
In regulation 2(1) —
a
for the definition of “local authority” there shall be substituted —
“local authority” means —
in relation to England, a county council, a district council, a London borough council or the Common Council of the City of London;
in relation to Wales, a county council or county borough council;
in relation to Northern Ireland, a district council;
.
b
for the definition of “public service vehicle” there shall be substituted —
“public service vehicle” —
in relation to England and Wales has the meaning given by section 1 of the Public Passenger Vehicles Act ; and
in relation to Northern Ireland has the meaning given by Article 2(2) of the Road Traffic (Northern Ireland) Order 1981 ;
.
Amendment of regulation 4 (Disapplication of the Regulations)
4
In regulation 4(1) after the word “vehicle” there shall be inserted the words “which is on a public road”.
Amendment of regulation 5 (Power to immobilise vehicles)
5
In regulation 5(1) for the words “or in Wales” there shall be substituted “, Wales or Northern Ireland”.
Amendment of regulation 9 (Removal of vehicles)
6
In regulation 9(1)(a) for the words “or in Wales” there shall be substituted “, Wales or Northern Ireland”.
Amendment of regulation 17 (Disputes)
7
In regulation 17(5) after the words “magistrates' court” there shall be inserted the words “or (in Northern Ireland) a court of summary jurisdiction”.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
22nd December 1997


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No. 2) Regulations 1997 and shall come into force on 31st December 1997.
Amendment of the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982
2
1
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall be further amended as follows.
2
In regulation 13A(2) (obligatory certificates) for “1st January 1998” there shall be substituted “1st May 1998”.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th December 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North and East Devon Health Authority (Transfer of Trust Property) Order 1997 and shall come into force on 30th July 1997.
2
In this Order —
“the first Authority” means the Gloucestershire Health Authority;
“the second Authority” means the North and East Devon Health Authority;
“the trust property” means the items specified in a schedule of trust property prepared, agreed upon and signed on behalf of the first Authority and the second Authority on 12th March 1997.
Transfer of trust property
2
On 30th July 1997 the trust property shall be transferred from the first Authority to the second Authority.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
1st July 1997


text:
1
This Order may be cited as the Channel Tunnel Rail Link (Qualifying Authorities) Order 1997 and shall come into force on 27th January 1997.
2
The relevant local authorities specified in the Schedule below had, on or before the day on which the Bill for the Channel Tunnel Rail Link Act 1996 was reported from Select Committee in the House of Lords, given the Secretary of State undertakings with respect to the handling of planning matters arising under Schedule 6 to that Act which he considered satisfactory, and have not subsequently been released from their undertakings.
George Young
Secretary of State,
Department of Transport
3rd January 1997


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the North Tyneside Steam Railway Order 1997 and shall come into force on 17th October 1997.
Interpretation
2
In this Order, unless the context otherwise requires —
“the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
“authorised works” means the railway and any other works authorised by this Order;
“ the Council ” means the Council of the Borough of North Tyneside;
“the deposited plans” means the plan described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order and marked by the Secretary of State as “the deposited plans” for the purposes of this Order;
“highway” and “highway authority” have the same meaning as in the Highways Act 1980 ;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Road Traffic Regulations Act 1984 , manual, mechanical, automatic, electronic or telephonic equipment or other devices;
“the railway” means the railway authorised to be constructed by article 4(1) below or any part thereof;
“the sections” means the sections described in rule 7(2) of the Application Rules prepared in connection with the application for this Order and marked by the Secretary of State as “the sections” for the purposes of this Order;
“street” includes part of a street; and
“street authority”, in relation to a street, has the same meaning as in Part III of the New Roads and Street Works Act 1991 .
Incorporation of general Acts
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order —
section 24 (obstructing construction of railway);
section 46 (crossing of roads — level crossings);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 68 (accommodation works by company);
section 75 (omission to fasten gates);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85 (as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923 );
sections 103 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties); and
section 154 (transient offenders).
2
In those provisions, as incorporated in this Order —
“the company” means the Council;
“goods” includes any thing conveyed on the railway;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works;
“the special Act ” means this Order; and
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on the railway authorised to be constructed by this Order.
3
In its application to the railway, section 24 of the said Act of 1845 shall have effect as if the maximum fine which may be imposed on summary conviction of an offence under that section were, instead of a fine not exceeding level 2 on the standard scale, a fine not exceeding level 3 on the standard scale.
4
In section 46 of the said Act of 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always, that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level”.
5
The following enactments shall not apply to the railway —
a
the Highway (Railway Crossings) Act 1839 ;
b
section 9 of the Railway Regulation Act 1842 ; and
c
the Regulation of Railways Act 1889 (except sections 1 and 5).
6
Without prejudice to the foregoing provisions of this article, sections 116 to 118 of the Transport Act 1968 shall apply to the railway as if references in those sections to the Board were references to the Council.
PART II
WORKS PROVISIONS
Principal powers
Power to construct and maintain railway
4
1
The Council may construct and maintain a railway (1015 metres in length) being an extension of the North Tyneside Steam Railway in the Metropolitan Borough of North Tyneside, commencing 149 metres north of the bridge carrying the Tyne and Wear PTE Metro Railway at Ordnance Survey National Grid reference point NZ 433537 567429 and extending in a southerly direction under that bridge and the bridge carrying Howdon Road (A187) then extending in an easterly direction and terminating 12 metres west of the footpath known as Chemsons Cutting at Ordnance Survey National Grid reference point NZ 433794 566665.
2
Subject to article 5 below, the railway shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the sections.
3
Subject to paragraph (5) below, the Council may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the railway, namely —
a
works to alter the position of apparatus, including mains, sewers, drains and cables,
b
works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses,
c
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the railway, and
d
works for the benefit or protection of premises affected by the railway.
4
Subject to paragraph (5) below, the Council may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the railway.
5
Paragraphs (3) and (4) above —
a
shall only authorise the carrying out or maintenance of works within the limits of deviation for the railway shown on the deposited plans, and
b
shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.
Power to deviate
5
In constructing or maintaining the railway, the Council may —
a
deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work shown on those plans, and
b
deviate vertically from the levels shown on the sections —
i
to any extent not exceeding 1 metre upwards, or
ii
to any extent not exceeding 2 metres downwards.
Streets
Level Crossing
6
1
The Council may in the construction of the railway carry the same with a single line of rails across and on the level of St. Stephen’s Way between the points marked A and B on the deposited plans; and nothing in this Order contained or incorporated shall require the provision of keepers at the same crossing.
2
The Council shall provide and maintain at the said crossing —
a
a self-closing wicket gate, opening away from the line, on each side of the railway, and
b
signs bearing the wording ‘STOP, LOOK AND LISTEN’ on each side of the railway facing towards pedestrians approaching the level crossing;
or such other barriers or other protective equipment as the Health and Safety Executive may in writing require.
Power to execute street works
7
1
The Council may, for the purposes of the authorised works, enter upon so much of the street as is within the limits of deviation for the railway shown on the deposited plans and may —
a
place apparatus in the street,
b
maintain apparatus in the street or change its position, and
c
execute any works required for or incidental to any works referred to in sub-paragraphs (a) and (b) above (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).
2
In this article —
“apparatus” has the same meaning as in Part III of the New Roads and Street Works Act 1991; and
“the street” means the street known as St. Stephen’s Way in the metropolitan borough of North Tyneside.
Temporary stopping up of street
8
1
The Council, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert the street between the points marked A and B on the deposited plans and may for any reasonable time —
a
divert the traffic from the street, and
b
subject to paragraph (2) below, prevent all persons from passing along the street.
2
The Council shall provide reasonable access for pedestrians going to or from premises abutting on the street if there would otherwise be no such access.
3
The Council shall not exercise the powers of this article without first consulting the street authority.
4
The provisions of the New Roads and Street Works Act 1991 mentioned in paragraph (5) below and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of the street by the Council under the powers conferred by this article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by the Council.
5
The provisions of the New Roads and Street Works Act 1991 referred to in paragraph (4) above are —
section 54 (advance notice of certain works);
section 55 (notice of starting date of works);
section 59 (general duty of street authority to co-ordinate works);
section 60 (general duty of undertakers to co-operate);
section 69 (works likely to affect other apparatus in the street);
section 76 (liability for cost of temporary traffic regulation);
section 77 (liability for cost of use of alternative route); and
all such other provisions as apply for the purposes of the provisions mentioned above.
6
In this article “the street” means the street known as St. Stephen’s Way in the metropolitan borough of North Tyneside.
Supplemental powers
Discharge of Water
9
1
The Council may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, within the limits of deviation for the railway shown on the deposited plans, make openings into, and connections with, the watercourse, sewer or drain.
2
The Council shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
3
The Council shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.
4
The Council shall not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.
5
The Council shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
6
This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 .
7
In this article —
a
“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority, a joint planning board, the Commission for the New Towns, an urban development corporation or a harbour authority within the meaning of the Harbours Act 1964 ,
b
“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain, and
c
other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
PART III
MISCELLANEOUS AND GENERAL
Power to operate and use railway
10
The Council may operate and use the railway and other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.
Maintenance of approved works etc.
11
1
Where pursuant to regulations made under section 41 of the Transport and Works Act 1992 (approval of works, plant and equipment) approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment (including vehicles) forming part of the railway, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the railway.
2
If without reasonable cause the provisions of paragraph (1) above are contravened, the Council shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Health and Safety Executive or the Director of Public Prosecutions.
Certification of plans etc.
12
The Council shall, as soon as practicable after the making of this Order, submit copies of the sections and the deposited plans to the Secretary of State for certification that they are true copies of, respectively, the sections and plans referred to in this Order; and a document so certified shall be admissable in any proceedings as evidence of the contents of the documents of which it is a copy.
Service of notices
13
1
A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and
b
in any other case, his last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
Arbitration
14
Any difference under any provision of this Order shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President for the time being of the Institution of Civil Engineers.
Signed by authority of the Secretary of State for Transport
A S D Whybrow
Head of Traffic Policy Division
Department of the Environment, Transport, and the Regions
26th September 1997


text:
Citation, commencement and application
1
1
This Order may be cited as the Dorset County Council (Boroughs of Poole and Bournemouth) (Staff Transfer) Order 1997 and shall come into force on 1st April 1997.
2
This Order makes provisions which are consequential or supplementary to the Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995 .
Interpretation
2
In this Order
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“designated list” means the list marked “The Dorset County Council (Boroughs of Poole and Bournemouth) (Staff Transfer) Order 1997 Designated List” which is signed by the Secretary of State for the Environment, one copy of which is deposited with the Poole Borough Council, one with the Bournemouth Borough Council, one with the Dorset County Council and one in the offices of the Secretary of State for the Environment;
“employee” means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1997, but does not include a person whose employment is on a temporary basis and who on 31st March 1997 has had a continuous period of employment (when calculated in accordance with sections 210 to 219 of the Employment Rights Act 1996 ) of less than two years.
Transfer of staff
3
1
This article shall apply to any employee (a “designated employee”) —
a
who immediately before 1st April 1997 (“the reorganisation date”) was employed by the Dorset County Council;
b
whose employment would continue but for the transfer of functions to the Councils of the Boroughs of Poole and Bournemouth; and
c
whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect —
a
in the case of an employee who falls within a class or description of employees mentioned in any section of Part I of the designated list, as if originally made between that employee and the borough council mentioned at the head of that section;
b
in the case of an employee who falls within a class or description of employees mentioned in any section of Part II of the designated list, as if originally made between that employee and the borough council mentioned at the head of that section.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
24th February 1997


text:
Citation and commencement
1
This Order may be cited as the Pensions Increase (Review) Order 1997 and shall come into force on 7th April 1997.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“The 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders ” means the Pensions Increase (Annual Review) Order 1972 , the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 ,the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 , the Pensions Increase (Review) Order 1989 , the Pensions Increase (Review) Order 1990 , the Pensions Increase (Review) Order 1991 , the Pensions Increase (Review) Order 1992 , the Pensions Increase (Review) Order 1993 , the Pensions Increase (Review) Order 1994 and the Pensions Increase (Review) Order 1995 ; and the Pensions Increase (Review) Order 1996 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act , and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a derivative or substituted pension or a relevant injury pension, be increased by the pension authority in respect of any period on or after 7th April 1997 as follows —
1
a pension beginning before 8th April 1996 may be increased by 2.1 per cent of the basic rate as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;
2
a pension beginning on or after 8th April 1996 and before 7th April 1997 may be increased by 2.1 per cent multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date of the pension and 7th April 1997, and
b
B is 12.
Increases in certain lump sums
4
In respect of any lump sum or instalment of a lump sum which became payable before 7th April 1997 but on or after 8th April 1996 there may be paid an increase of 2.1 per cent of the amount of the lump sum or instalment (as increased by the amount under section 1 of the 1971 Act or under the existing Orders) multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 8th April 1996 and the date on which it became payable; and
b
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 7th April 1997; and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury otherwise direct, in accordance with the provisions of section 59A of the 1975 Act.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Roger Knapman
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 1997