text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Pension Scheme (Transfers from the National Health Service Pension Scheme for England and Wales) Regulations 1997 and shall come into force on 28th March 1997.
2
In these Regulations “the principal Regulations ” means the Local Government Pension Scheme Regulations 1995 .
Modification in special circumstances
2
Schedule M2 to the principal Regulations is amended by adding the following —
Persons formerly members of the National Health Service Pension Scheme for England and Wales
10
1
This paragraph applies to a person —
a
who was transferred to the employment of a higher education corporation, higher education trust or admitted body on or after 1st October 1994 and after that transfer became a member of the Scheme;
b
who was immediately before that transfer a member or eligible to be a member of the National Health Service Pension Scheme ; and
c
in respect of whom a transfer value (or, where there have been interim payments of the transfer value, the final payment of the transfer value) has not been accepted by his fund authority under regulation K13 before 28th March 1997.
2
In their application to a person to whom this paragraph applies, these regulations have effect subject to the modifications in sub-paragraphs (3) to (16) for so long as the person is a member of the Scheme following his transfer with no disqualifying break of service.
3
Any person who has entered into a contract under the National Health Service Regulations to purchase an additional period of membership under those regulations: —
a
shall be entitled for so long as there is no disqualifying break of service to continue to make additional periodic payments as if they were made pursuant to an election made under regulation C9 of these regulations and in respect of the same additional period of membership and in the same amount as required under the National Health Service Regulations and regulation C11 shall not apply; and
b
shall not be subject to the requirement of regulation D2(2)(b).
4
A person who has elected under the National Health Service Regulations to pay contributions to an additional voluntary contributions scheme may continue to contribute to such a scheme as if the payment of contributions was made under regulation C24 of these regulations and by notice under paragraph 1(1) of Schedule C4.
5
The provisions of Schedule C4, where applicable, shall have effect in relation to contributions payable under an additional voluntary contributions scheme referred to in sub-paragraph (4) as if references in that schedule to contributions under regulation C24 and notice under paragraph 1(1) (except the reference in paragraph 18 to a fresh election under regulation C24 by notice under paragraph 1 in relation to his new employment) were references to contributions to that additional voluntary contributions scheme and notice given to contribute to that scheme.
6
If the person ceases to hold a local government employment and —
a
has a statutory pension entitlement,
b
has attained the age of 50, and
c
has not had a disqualifying break in service since the transfer referred to in paragraph (1)(a),
he is entitled to —
i
a standard retirement pension (reduced in accordance with sub-paragraph (7), and
ii
a standard retirement grant (so reduced)
which are payable to him immediately on his ceasing to hold that employment.
7
Subject to regulation D17, his standard retirement pension and standard retirement grant, payable under sub-paragraph (6) and calculated in accordance with regulation D2 and Schedule D2, are reduced by the appropriate percentage for the member’s pension advancement period.
8
In sub-paragraph (7) —
a
“the member’s pension advancement period” means the period remaining from the date from which the benefits become payable to the date of his 60th birthday; and
b
“the appropriate percentage” means the percentage shown in tables produced from time to time by the Government Actuary for the purpose of calculating the reduction in a member’s pension under sub-paragraph (7).
9
In regulation D9(1) delete the words “(reduced in accordance with regulation D13)” in sub-paragraph (a) and the words “(so reduced)” in sub-paragraph (b).
10
Delete regulation D13.
11
In calculating the lump sum death grant under regulations E3 or E4, there shall be no deduction in respect of any retirement grant paid to the deceased.
12
In regulation K14 (1) (a) —
a
substitute for the words “regulation K15 or, as the case may be, regulation K16” the words “paragraph 10(13) of Schedule M2”; and
b
delete the words “(except that of determining whether there is any entitlement to benefit (other than any benefit under regulation D19))”.
13
Where a transfer value has been offered by the managers of the National Health Service Pension Scheme in respect of the person, the period mentioned in regulation K14 (1)(a) of the principal Regulations shall be equal to such period as shall be agreed between the actuary to the National Health Service Pension Scheme and the actuary to the appropriate pension fund.
14
If the actuaries are unable to agree the period referred to in paragraph (13) the question shall be referred to an actuary appointed by the Secretary of State to make a determination which shall be final.
15
The person is entitled to count as a period to which Part II of Schedule B6 applies any service which for the purposes of the National Health Service Regulations he was entitled to count in relation to employment in which he was an officer (within the meaning of the National Health Service Regulations) for the purpose of determining whether he was entitled to a benefit under those regulations, but for no other purpose.
16
For the purposes of this paragraph —
a
“the National Health Service Pension Scheme” means the scheme the rules of which are set out in the National Health Service Regulations; and
b
“the National Health Service Regulations” means, in relation to a person, the National Health Service (Superannuation) Regulations 1980 or the National Health Service Pension Scheme Regulations 1995 as the case may be as in force immediately before his transfer to local government employment.
.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
5th March 1997


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Partial Revocation Order 1997 and shall come into force on 22nd January 1997.
2
In this Order, “the principal Order ” means the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Order 1991 .
Partial revocation
2
1
The principal Order is revoked so far as it designates any part of the areas set out in Schedule 1 to this Order.
2
Part II of Schedule 1 to the principal Order shall be amended in accordance with Schedule 2 to this Order.
C K McIntosh
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
13th January 1997


text:
Title and commencement
1
These Regulations may be cited as the Plant Health (Fees) (Forestry) (Great Britain) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
Amendment of the Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996
2
The Plant Health (Fees) (Forestry) (Great Britain) Regulations 1996 shall be amended in accordance with the provisions of regulations 3 to 6 below.
3
In regulation 1, for paragraph (3) there shall be substituted the following paragraph —
3
In these Regulations —
“authority” means an authority to issue plant passports under article 17 of the Order ;
“inspector” has the meaning given to it in the Order;
“licence” means a licence under article 28 or 28A of the Order;
“the Order” means the Plant Health (Forestry) (Great Britain) Order 1993 ;
“remedial work” means any steps required by or taken by an inspector under article 21(1)(b), (c) or (f), (2)(i) or (iv) or (3) or 22(1)(b) of the Order;
“relevant corresponding conditions”, in relation to any specified wood or isolated bark, means the conditions specified in column 3 (conditions of landing) and column 4 (certification) of Part A of Schedule 4 to the Order (material consigned directly from third countries whose landing in Great Britain is subject to special conditions) which correspond to that specified wood or isolated bark;
“specified wood or isolated bark” means wood or isolated bark described in column 2 (description of relevant material) of items 1, 4, 5 to 10 and 20 to 29 in Part A of Schedule 4 to the Order; and
“third country” has the meaning given to it in the Order.
.
4
In regulation 2, after sub-paragraph (b) there shall be added the following sub-paragraph —
c
in respect of each service of a type described in column 2 of Schedule 3 to these Regulations the fee prescribed in column 3 of that Schedule in relation to that service.
.
5
In Schedule 1, in column 1 sub-paragraph (b), for the word “of” there shall be substituted the word “or”.
6
After Schedule 2, there shall be added the Schedule set out in the Schedule to these Regulations.
In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on
M. F. Garforth
Secretary to the Forestry Commissioners
5th March 1997.


text:
1
This Order may be cited as the Finance Act 1997 (Commencement No. 1) Order 1997.
2
Section 20 of the Finance Act 1997 (removal and disposal of vehicles) shall come into force on 8th October 1997.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
3rd October 1997


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food (Pistachios from Iran) (Emergency Control) Order 1997 and shall come into force on 16th September 1997.
2
In this Order —
“ the Act ” means the Food Safety Act 1990;
“CN code number” means a code number of the combined nomenclature established by Council Regulation ( EEC ) No. 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff as amended on the date this Order is made ;
“food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“free circulation” shall be construed in accordance with Article 9.2 of the Treaty establishing the European Community;
“pistachios” means pistachios falling within CN code 0802 50 00 and roasted pistachios falling within CN codes 2008 19 13 and 2008 19 93; and
“port health authority” includes a port local authority and a joint port local authority.
Prohibition of import
2
1
No person shall import into Great Britain any pistachios originating in or consigned from Iran.
2
For the purposes of paragraph (1) of this article “import” does not include the bringing into Great Britain from another member State of the European Community of pistachios which are in free circulation in that member State.
Enforcement
3
1
It shall be the duty of each port health authority to enforce and execute this Order within its district.
2
The enforcement and execution of this Order in relation to any place not situated in the district of a port health authority shall be the duty of any food authority for the area in which that place is situated.
3
Each port health authority or food authority, as appropriate, shall give such assistance and information to the Minister as he may request for the purpose of his duties under section 13 of the Act.
Application of various provisions of the Act
4
1
The following provisions of the Act shall apply, subject to paragraph (2) below, for the purposes of this Order and any reference in those provisions to the Act shall be construed for the purposes of this Order as a reference to this Order —
a
section 33 (obstruction etc. of officers);
b
section 35(1) (punishment of offences) in so far as it relates to offences under section 33 as applied by sub-paragraph (a) above; and
c
section 44 (protection of officers acting in good faith).
2
In section 44 of the Act the references to “food authority” shall be construed as including reference to a port health authority.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
15th September 1997


text:
Title and commencement
1
These Regulations may be cited as the Eggs (Marketing Standards) (Amendment) Regulations 1997 and shall come into force on 30th June 1997.
Amendment of the Eggs (Marketing Standards) Regulations 1995
2
The Eggs (Marketing Standards) Regulations 1995 shall be amended in accordance with regulations 3 and 4 below.
3
There shall be substituted for regulation 10 (application of various sections of the Act) the following regulation —
Application of various provisions of the Act
10
1
The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to these Regulations —
section 2 (extended meaning of “sale” etc. );
section 3 (presumption that food is intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;
section 30(8) (which relates to documentary evidence);
section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2));
section 36 (offences by bodies corporate);
section 50 (service of documents).
2
The following provisions of the Act shall apply for the purposes of these Regulations, and any reference in those sections to the Act shall be construed for the purposes of these Regulations as including a reference to the Community provisions —
section 32 (powers of entry);
section 33 (obstruction etc. of officers);
section 44 (protection of officers acting in good faith).
.
4
In the Schedule (Community provisions), there shall be inserted at the end of paragraph 2, in column 1 (Regulations of the European Communities) and column 2 (Official Journal of the European Community: References) the following entries —
h
Commission Regulation ( EC ) No. 1511/96
OJ No. L189, 30.7.96, p.91
.
Lord Donoghue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
30th May 1997
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
2nd June 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
4th June 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
28th May 1997


text:
1
This Order may be cited as the Northern Ireland Arms Decommissioning Act 1997 (Commencement of Section 7) Order 1997.
2
Section 7 of the Northern Ireland Arms Decommissioning Act 1997 (independent organisation established by agreement with the Government of the Republic of Ireland to facilitate the decommissioning of firearms, ammunition and explosives) shall come into force on 1st September 1997.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State Northern Ireland Office
29th August 1997


text:
1
These Regulations may be cited as the Public Works Loans (Fees) (Amendment) Regulations 1997 and shall come into force on 16th April 1997.
2
Regulation 3(2) of the Public Works Loans (Fees) Regulations 1991 shall be amended by the substitution of “£70” for “£25”.
Patrick McLoughlin
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Fund-holding Practices) Amendment (No. 2) Regulations 1997 and shall come into force on 31st July 1997.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Fund-holding Practices) Regulations 1996 .
Amendment of regulation 5 of the principal Regulations
2
For paragraph (2) of regulation 5 of the principal Regulations (grant of recognition as a fund-holding practice) substitute —
2
Subject to paragraph (3) —
a
in the case of a standard fund-holding practice or a community fund-holding practice, recognition which has been granted —
i
on or after 31st July 1997 but before 1st April 1999 shall take effect from 1st April 1999, and
ii
on or after 1st April 1999 shall take effect from whichever date, of 1st April 2001, 1st April 2003, and so on, most closely follows the date on which recognition was granted; and
b
in the case of a GP commissioning group, recognition shall take effect from 1st April following the grant of recognition.
.
Amendment of regulation 18 of the principal Regulations
3
1
Regulation 18 of the principal Regulations (determination of allotted sum) is amended as follows.
2
After paragraph (4) insert —
4A
At any time after the notification referred to in paragraph (3) has been sent to the fund-holding practice, but before the Secretary of State determines an allotted sum, the Health Authority may recommend to him that the proposed allotted sum should be varied, and shall provide with any such recommendation a notice stating whether or not the members of the fund-holding practice agree with the variation proposed.
4B
Following receipt of a recommendation under paragraph (4A), the Secretary of State may (subject to paragraph (4C)) make a variation of the proposed allotted sum (which may differ from that recommended by the Health Authority).
4C
Where the notice provided under paragraph (4A) states that the members of the fund-holding practice do not agree with the variation proposed, the Secretary of State may make a variation only after inviting the members of the fund-holding practice to make representations to him before the end of the period of 14 days beginning with the date on which they received the invitation, and taking into account any representations he receives.
.
3
In paragraph (5), after “representations to him”, insert “before the end of the period of 14 days beginning with the date on which they received the invitation”.
4
After paragraph (5) insert —
6
Where a proposed allotted sum has been varied in accordance with paragraphs (4A) to (4C), the references in paragraph (5) to a proposed allotted sum are to the sum proposed in accordance with the latest variation.
.
Amendment of regulation 20 of the principal Regulations
4
In paragraph (2A) of regulation 20 of the principal Regulations (purchase of goods and services), omit “either” and “, or is referred by a doctor who is not a member of the fund-holding practice,”.
Amendment of regulation 25 of the principal Regulations
5
For paragraph (3) of regulation 25 of the principal Regulations (savings from the allotted sum) substitute —
3
The Health Authority shall consent to the application of any part of an allotted sum for any of the purposes specified in paragraph (2)(a) to (f) or paragraph (2A) if it is satisfied —
a
that the proposed expenditure would be for the benefit of the patients of the members of the practice and would represent value for money; and
b
that the financial position of the members of the practice in relation to the allotted sum is such that, if the proposed expenditure were incurred, the savings then left to them would not be less than the total amount of any overspends which it is reasonable to predict for the relevant financial years.
3A
In paragraph (3) —
“overspend” means any amount by which the liabilities incurred by the members of a fund-holding practice in any financial year other than for purposes for which Health Authority consent is required under this regulation exceed the proposed allotted sum for that practice for that financial year (or, where the proposed allotted sum has been varied in accordance with regulation 18, the latest variation); and
“relevant financial years” means —
the financial year in which Health Authority consent to the proposed expenditure is sought; and
where the accounts for the previous financial year have not yet been audited as mentioned in paragraph (2), that financial year (except where that year is the year beginning on 1st April 1996).
.
Amendment of regulation 27 of the principal Regulations
6
In regulation 27 of the principal Regulations (transfer of functions), after “18(1)” insert “and (4A)”.
Outstanding applications
7
1
Where, by 31st July 1997, the Secretary of State has neither granted nor refused recognition in respect of any outstanding application for recognition as a standard fund-holding practice or as a community fund-holding practice, that application is (unless the members of the practice notify the Secretary of State to the countrary before 1st April 1998, and subject to paragraphs (2) to (4)) to be treated as an application for recognition to take effect from 1st April 1999.
2
The members of the practice shall give notice to the Secretary of State by 31st July 1998 of any material change to the particulars of their application which has taken place by that date (including in particular any change in the membership of the practice), and the notice shall be signed by each member of the practice.
3
Where the members of the practice give notice to the Secretary of State under paragraph (2), the Secretary of State may require the Health Authority to provide him with the notice specified in regulation 3(6) of the principal Regulations, revised to take account of the change to the application; and if he requires such a notice, regulation 3(7), (8) and (9) of the principal Regulations apply in relation to the revised notice as they apply to the original notice.
4
Where, on 31st July 1998, at least one of the members of a practice is also on the medical list of a Health Board, and more patients on the lists of members of the practice reside in Scotland than in England, the application shall lapse.
5
In this regulation, “practice”and “members of the practice” shall be construed in accordance with regulation 1(2) of the principal Regulations.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
10th July 1997
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
10th July 1997


text:
1
1
This Order may be cited as the Lancashire (Police Area and Authority) Order 1997.
2
In this Order “ 1996 Act ” means the Police Act 1996 .
3
This Order, except article 3, shall come into force on 1st October 1997 and article 3 shall come into force on 1st April 1998.
2
1
The functions to which this article applies are —
a
all functions of the Lancashire police authority on or after 1st April 1998; and
b
before that date (but on or after 1st October 1997), the functions of that police authority in respect of the financial year beginning on 1st April 1998 under —
i
Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) , and
ii
sections 7 (local policing objectives) and 8 (local policing plans) of the 1996 Act.
2
For the purposes of the functions to which this article applies —
a
paragraph 26(1) of Schedule 2 to the 1996 Act (meaning of “relevant council”) shall have effect from 1st October 1997 as if the Boroughs of Blackburn with Darwen and Blackpool had ceased to form part of the County of Lancashire on that date; and
b
accordingly, the appointments which are required to be made to the Lancashire police authority by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by Lancashire County Council and the Councils of the Boroughs of Blackburn with Darwen and Blackpool (as relevant councils) in accordance with that provision.
3
For the purposes of the functions referred to in paragraph (1)(b) above —
a
section 19(2)(b) of the 1996 Act (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 2 to that Act was a reference to the members so appointed by virtue of paragraph (2) above; and
b
the members of the Lancashire police authority appointed under paragraph 2 of that Schedule otherwise than under paragraph (2) above shall not participate in the discharge of those functions.
4
In the exercise of its powers, the joint committee referred to in paragraph (2)(b) above —
a
shall, for the purposes of paragraph 4(1)(b) of Schedule 2 to the 1996 Act, ignore any member of Lancashire County Council elected for an electoral division in the Boroughs of Blackburn with Darwen and Blackpool, and
b
shall not appoint any such member to the Lancashire police authority under paragraph 2(2) of that Schedule.
5
A member of the Lancashire police authority who was appointed under paragraph 2 of Schedule 2 to the 1996 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of that Authority on 1st April 1998.
6
In determining the period of a term of years for the purpose of paragraph 16 of Schedule 2 to the 1996 Act (term of appointment of members of a police authority), any period as a member of the Lancashire police authority prior to 1st April 1998 under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of that authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.
3
Schedule 1 to the 1996 Act (police areas) shall be amended by inserting after the word “Lancashire” in the right-hand column opposite the name of the Lancashire police area the words “and the non-metropolitan districts of Blackburn with Darwen and Blackpool”.
Alun Michael
Minister of State
Home Office
28th July 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Fund-holding Practices) Amendment Regulations 1997 and shall come into force on 1st April 1997.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Fund-holding Practices) Regulations 1996 .
Amendment of regulation 1 of the principal Regulations
2
1
Regulation 1 of the principal Regulations (citation, commencement and interpretation) is amended as follows.
2
In paragraph (2), after the definition of “fund-holding account”, insert —
“ GP commissioning group” means a fund-holding practice which has been granted recognition as a GP commissioning group in accordance with regulation 5;
.
Amendment of regulation 2 of the principal Regulations
3
For regulation 2 of the principal Regulations (application of Regulations in Wales), substitute —
2
In relation to a standard fund-holding practice whose Health Authority has an area in Wales, paragraph 1 of Schedule 1 and paragraphs 1 and 2 of Schedule 2 shall each apply as if for “5,000” there were substituted “4,000”.
Amendment of regulation 3 of the principal Regulations
4
1
Regulation 3 of the principal Regulations (application for recognition as a fund-holding practice) is amended as follows.
2
For paragraph (2) substitute —
2
The application shall state whether it is an application for recognition as —
a
a community fund-holding practice,
b
a standard fund-holding practice, or
c
a GP commissioning group.
.
3
In paragraph (4), for “a standard, or as the case may be, a community fund-holding practice;”, substitute “one of the other kinds of fund-holding practice;”.
4
In paragraph (6)(a), for “complies with the relevant condition set out in paragraph 1(a) or (b) of Schedule 1” substitute “(in the case of a standard fund-holding practice) complies with the condition set out in paragraph 1 of Schedule 1”.
5
In paragraph (9)(a), for “paragraph 1(a) or (b)” substitute “paragraph 1”.
Amendment of regulation 5 of the principal Regulations
5
In regulation 5(1) of the principal Regulations (grant of recognition as a fund-holding practice), for “or as a community fund-holding practice” substitute “, a community fund-holding practice or a GP commissioning group”.
Amendment of regulation 7 of the principal Regulations
6
1
Regulation 7 of the principal Regulations (conditions for continuing recognition) is amended as follows.
2
Renumber regulation 7 as paragraph (1), and after “community fund-holding practice” insert “or GP commissioning group”.
3
After paragraph (1) (as so renumbered) insert —
2
In relation to a GP commissioning group, Schedule 2 applies —
a
as if in paragraph 5, “20,” were omitted; and
b
as if in paragraph 10, sub-paragraph (d) were omitted.
.
Amendment of regulation 9 of the principal Regulations
7
1
Regulation 9 of the principal Regulations (withdrawal or death of a member of a fund-holding practice) is amended as follows.
2
In paragraph (3)(d), omit “1”.
3
In paragraph (5), after “Where a member of a” insert “standard fund-holding practice or community”.
Amendment of regulation 10 of the principal Regulations
8
1
Regulation 10 of the principal Regulations (application for change in status of recognised fund-holding practice) is amended as follows.
2
For paragraph (1) substitute —
1
A fund-holding practice of one kind may apply to become a fund-holding practice of a different kind.
.
3
In paragraph (3), for “1st July” substitute “31st July”.
Insertion of Part IV into the principal Regulations
9
Before regulation 13 of the principal Regulations, insert —
PART IV
REMOVAL OF RECOGNITION
.
Amendment of regulation 13 of the principal Regulations
10
In regulation 13(2) of the principal Regulations (grounds for removal of recognition), after “standard fund-holding practice” insert “or a GP commissioning group”.
Amendment of regulation 20 of the principal Regulations
11
1
Regulation 20 of the principal Regulations (purchase of goods and services) is amended as follows.
2
Before paragraph (1) insert —
A1
This regulation does not apply to the members of a GP commissioning group, and references in this regulation to “fund-holding practice” shall be construed accordingly.
.
3
In paragraph (2), for “community fund-hold” substitute “community fund-holding”.
4
After paragraph (2) insert —
2A
Subject to paragraph (4), where an individual who is a patient of a member of a fund-holding practice either refers himself to an NHS trust, or is referred by a doctor who is not a member of the fund-holding practice, for any service included in the list mentioned in paragraph (2), regulation 3(2) of the National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996 shall not apply in relation to that patient as respects that service.
5
In paragraph (6), after sub-paragraph (a) insert “and”, and omit sub-paragraph (c) and the word “and” immediately preceding it.
6
In paragraph 11(n), for “health authority” substitute “Health Authority”.
Amendment of regulation 21 of the principal Regulations
12
1
Regulation 21 of the principal Regulations (limit on provision of goods and services) is amended as follows.
2
Renumber regulation 21 as paragraph (2).
3
Before paragraph (2) (as so renumbered) insert —
1
This regulation does not apply to a GP commissioning group.
.
Amendment of regulation 22 of the principal Regulations
13
1
Regulation 22 of the principal Regulations (payments to staff) is amended as follows.
2
Before paragraph (1) insert —
A1
This regulation does not apply to the members of a GP commissioning group, and references in this regulation to “fund-holding practice” shall be construed accordingly.
.
3
In paragraph (1), for “paragraphs (2), (3) and (4)”, substitute “paragraphs (2), (3) and (5)”.
Amendment of regulation 25 of the principal Regulations
14
1
Regulation 25 of the principal Regulations (savings from the allotted sum) is amended as follows.
2
In paragraph (2) —
a
after “22 and 24” insert “or in accordance with paragraph (2B)”; and
b
for “the following purposes” substitute “the purposes specified in the following sub-paragraphs or in paragraph (2A)”.
3
After paragraph (2) insert —
2A
Subject to paragraph (3), with the written consent of the Health Authority, the members of a GP commissioning group may, in addition to the purposes specified in paragraph (2), apply savings for the purpose of training employees of members of the practice.
2B
The members of a fund-holding practice may, at any time, return to the Health Authority any savings which they do not wish to apply in accordance with paragraph (2) or (2A).
.
4
In paragraph (3), after “paragraph (2)(a) to (f)” insert “or paragraph (2A)”.
Insertion of Part VII into the principal Regulations
15
Before regulation 26 of the principal Regulations, insert —
PART VII
MISCELLANEOUS
,
and omit those words before regulation 27.
Amendment of Schedule 1 to the principal Regulations
16
1
Schedule 1 to the principal Regulations (conditions for obtaining recognition as a fund-holding practice) is amended as follows.
2
In the heading, omit “as a fund-holding practice”.
3
For paragraph 1 substitute —
1
In the case of an application for recognition as a standard fund-holding practice, on the date on which the application is made there are at least 5,000 patients on the lists of patients of the members of the practice or, in the opinion of the Secretary of State, it is likely that there will be at least that many patients on those lists on the date on which any recognition would take effect in accordance with regulation 5(2).
.
Amendment of Schedule 2 to the principal Regulations
17
1
Schedule 2 to the principal Regulations (conditions for continuing recognition as a fund-holding practice) is amended as follows.
2
In the heading, omit “as a fund-holding practice”.
3
In each of paragraphs 1 and 2, omit “in the case of a community fund-holding practice, at least 3,000 patients or”.
Signed by authority of the Secretary of State for Health.
Gerald Malone
Minister of State
Department of Health
11th March 1997
Gwilym Jones
Parliamentary Under-Secretary of State Welsh Office
11th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Open-ended Investment Companies) Regulations 1997 and shall come into force on 28th April 1997.
Interpretation
2
In these Regulations —
“authorised unit trust” means a unit trust scheme in the case of which an order under section 78 of the Financial Services Act 1986 is in force;
“the Board” means the Commissioners of Inland Revenue;
“open-ended investment company” and “authorised corporate director” in relation to that company have the meanings given by subsection (10) of section 468 of the Income and Corporation Taxes Act 1988 , read with subsections (11) to (18) of that section, as those subsections are added in relation to open-ended investment companies by regulation 10(4) of the Open-ended Investment Companies (Tax) Regulations 1997 ; and accordingly references in subsections (11) to (16) of that section to the “Tax Acts” shall be construed as if they included references to the enactments relating to stamp duty and Part IV of the Finance Act 1986 (stamp duty reserve tax);
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 ;
“unit” and “unit trust scheme” have the same meanings as in Part VII of the Finance Act 1946 .
Application of section 57(1A) and (1B) of the Finance Act 1946 to open-ended investment companies
3
Section 57(1A) and (1B) of the Finance Act 1946 (regulatory powers) shall have effect in relation to open-ended investment companies as they have effect in relation to unit trust schemes.
Repurchase of shares by authorised corporate director
4
1
Where a person authorises or requires the authorised corporate director of an open-ended investment company to treat him as no longer the owner of a share in that company and does not authorise or require the authorised corporate director to treat another person as the owner of that share, he shall be deemed, for the purposes of section 87 of the Finance Act 1986 , to agree with the authorised corporate director to transfer that share to him; and any instrument whereby he gives the authority or makes the requirement shall be deemed for the purposes of the enactments relating to stamp duty to be a conveyance or transfer of the share on sale.
2
Where the authorised corporate director of an open-ended investment company transfers a share in that open-ended investment company which was transferred to him within the immediately preceding two months —
a
any stamp duty payable in respect of the instrument of transfer relating to the transfer of the share shall not exceed 50p;
b
where there is no instrument of transfer, section 87 of the Finance Act 1986 shall not apply as regards the agreement to transfer.
3
Where a share in an open-ended investment company is transferred to the authorised corporate director of that open-ended investment company and, before the expiration of two months from the date of the transfer, the authorised corporate director certifies that the events specified in paragraph (4) have occurred, the Board shall —
a
on the application of the person by or on behalf of whom stamp duty was paid in respect of the instrument of transfer or, where there was no instrument of transfer, stamp duty reserve tax was paid in relation to the agreement to transfer, and
b
on the production to them of the instrument of transfer (if any) and of the authorised corporate director’s certificate,
refund the duty or, as the case may be, the tax.
4
The events specified in this paragraph are that —
a
the certificate (if any) in respect of the share has been cancelled,
b
as a consequence of the transfer, a proportionate part of the investments of the open-ended investment company concerned has been realised and the property of the company diminished accordingly, and
c
the share is extinguished and the authorised corporate director has no power to transfer any other share in lieu thereof.
5
Paragraphs (1) to (4) shall have effect in relation to an authorised corporate director irrespective of whether he is acting on behalf of the open-ended investment company concerned or on his own account.
Bearer securities issued by an open-ended investment company in a foreign currency
5
Bearer securities issued by an open-ended investment company in a currency other than sterling shall be treated, for the purposes of the enactments relating to stamp duty and of Part IV of the Finance Act 1986, as if the securities had been issued in sterling.
Shares in open-ended investment companies dealing in interest-bearing investments
6
1
Stamp duty shall not be chargeable on any transfer of shares of an open-ended investment company to which this regulation applies.
2
This regulation applies to any open-ended investment company under whose prospectus or instrument of incorporation funds of the company —
a
cannot be invested in such a way that income can arise to the company which will be chargeable to tax otherwise than under Case III of Schedule D, and
b
cannot be invested in any investment on the transfer of which ad valorem stamp duty would be chargeable.
Conversion of an authorised unit trust to an open-ended investment company — exemption from stamp duty charge
7
1
Stamp duty shall not be chargeable on an instrument transferring any property which is subject to the trusts of an authorised unit trust (“the target trust”) to an open-ended investment company (“the acquiring company”) if the conditions set out in paragraph (2) are fulfilled.
2
Those conditions are that —
a
the transfer forms part of an arrangement for the conversion of an authorised unit trust to an open-ended investment company, whereby the whole of the available property of the target trust becomes the whole of the property of the acquiring company;
b
under the arrangement all the units in the target trust are extinguished;
c
the consideration under the arrangement consists of or includes the issue of shares (“the consideration shares”) in the acquiring company to the persons who held the extinguished units;
d
the consideration shares are issued to those persons in proportion to their holdings of the extinguished units; and
e
the consideration under the arrangement does not include anything else other than the assumption or discharge by the acquiring company of liabilities of the trustees of the target trust.
3
An instrument on which stamp duty is not chargeable by virtue only of this regulation shall not be taken to be duly stamped unless it is stamped with the duty to which it would be liable but for this regulation or it has, in accordance with section 12 of the Stamp Act 1891 , been stamped with a particular stamp denoting that it is not chargeable with any duty.
4
In this regulation and in regulations 8 to 10 “the whole of the available property of the target trust” means the whole of the property subject to the trusts of the target trust, other than any property which is retained for the purpose of discharging liabilities of the trustees of the target trust.
5
For the purposes of this regulation and regulations 8 to 10 each of the parts of an umbrella scheme (and not the scheme as a whole) shall be regarded as an authorised unit trust; and “umbrella scheme” has the same meaning as in section 468 of the Income and Corporation Taxes Act 1988 .
Conversion of an authorised unit trust to an open-ended investment company — exemption from stamp duty reserve tax charge
8
1
Section 87 of the Finance Act 1986 shall not apply as regards an agreement to transfer securities which constitute property which is subject to the trusts of an authorised unit trust (“the target trust”) to an open-ended investment company (“the acquiring company”) if the conditions set out in paragraph (2) are fulfilled.
2
Those conditions are that —
a
the agreement forms part of an arrangement for the conversion of an authorised unit trust to an open-ended investment company, whereby the whole of the available property of the target trust becomes the whole of the property of the acquiring company;
b
under the arrangement all the units in the target trust are extinguished;
c
the consideration under the arrangement consists of or includes the issue of shares (“the consideration shares”) in the acquiring company to the persons who held the extinguished units;
d
the consideration shares are issued to those persons in proportion to their holdings of the extinguished units; and
e
the consideration under the arrangement does not include anything else other than the assumption or discharge by the acquiring company of liabilities of the trustees of the target trust.
3
Where —
a
stamp duty is not chargeable on an instrument by virtue of regulation 7(1), or
b
section 87 of the Finance Act 1986 does not apply as regards an agreement by virtue of paragraph (1) of this regulation,
section 87 of the Finance Act 1986 shall not apply as regards an agreement, or a deemed agreement, to transfer a unit to the managers of the target trust which is made in order that the unit may be extinguished under the arrangement mentioned in regulation 7(2)(b) or, as the case may be, paragraph (2)(b) of this regulation.
Amalgamation of an authorised unit trust with an open-ended investment company — exemption from stamp duty charge
9
1
Stamp duty shall not be chargeable on an instrument transferring any property which is subject to the trusts of an authorised unit trust (“the target trust”) to an open-ended investment company (“the acquiring company”) if the conditions set out in paragraph (2) are fulfilled.
2
Those conditions are that —
a
the transfer forms part of an arrangement for the amalgamation of an authorised unit trust with an open-ended investment company, whereby the whole of the available property of the target trust becomes part (but not the whole) of the property of the acquiring company;
b
under the arrangement all the units in the target trust are extinguished;
c
the consideration under the arrangement consists of or includes the issue of shares (“the consideration shares”) in the acquiring company to the persons who held the extinguished units;
d
the consideration shares are issued to those persons in proportion to their holdings of the extinguished units; and
e
the consideration under the arrangement does not include anything else other than the assumption or discharge by the acquiring company of liabilities of the trustees of the target trust.
3
An instrument on which stamp duty is not chargeable by virtue only of this section shall not be taken to be duly stamped unless it is stamped with the duty to which it would be liable but for this regulation or it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty.
4
This regulation applies to any instrument which is executed —
a
on or after the date of coming into force of these Regulations; but
b
before 1st July 1999.
Amalgamation of an authorised unit trust with an open-ended investment company — exemption from stamp duty reserve tax charge
10
1
Section 87 of the Finance Act 1986 shall not apply as regards an agreement to transfer securities which constitute property which is subject to the trusts of an authorised unit trust (“the target trust”) to an open-ended investment company (“the acquiring company”) if the conditions set out in paragraph (2) are fulfilled.
2
Those conditions are that —
a
the agreement forms part of an arrangement for the amalgamation of an authorised unit trust with an open-ended investment company, whereby the whole of the available property of the target trust becomes part (but not the whole) of the property of the acquiring company;
b
under the arrangement all the units in the target trust are extinguished;
c
the consideration under the arrangement consists of or includes the issue of shares (“the consideration shares”) in the acquiring company to the persons who held the extinguished units;
d
the consideration shares are issued to those persons in proportion to their holdings of the extinguished units; and
e
the consideration under the arrangement does not include anything else other than the assumption or discharge by the acquiring company of liabilities of the trustees of the target trust.
3
Where —
a
stamp duty is not chargeable on an instrument by virtue of regulation 9(1), or
b
section 87 of the Finance Act 1986 does not apply as regards an agreement by virtue of paragraph (1) of this regulation,
section 87 of the Finance Act 1986 shall not apply as regards an agreement, or a deemed agreement, to transfer a unit to the managers of the target trust which is made in order that the unit may be extinguished under the arrangement mentioned in regulation 9(2)(b) or, as the case may be, paragraph (2)(b) of this regulation.
4
This regulation applies —
a
to an agreement which is not conditional, if the agreement is made on or after the date of coming into force of these Regulations but before 1st July 1999; and
b
to a conditional agreement, if the condition is satisfied on or after the date of coming into force of these Regulations but before 1st July 1999.
Disapplication of section 42 of the Finance Act 1930
11
Section 42 of the Finance Act 1930 (relief from transfer stamp duty in case of transfer of property as between associated companies) shall not apply as regards any beneficial interest in property that is conveyed or transferred to or from an open-ended investment company.
Disapplication of sections 75 to 77 of the Finance Act 1986
12
Sections 75 to 77 of the Finance Act 1986 (acquisition by a company of another company’s undertaking) shall not apply as regards open-ended investment companies.
Bowen Wells
Gyles Brandreth
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd April 1997


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (South Downs) Designation Order 1997 and shall come into force on 1st July 1997.
Interpretation
2
1
In this Order–
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements referred to in article 5(3);
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“chalk downland” means grassland situated on undulating chalk hills;
“conservation plan” has the meaning given to it in article 5(5);
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species and includes meadowland, chalk downland and rough grazing;
“recognised dairy breed” means one of the following breeds of cattle, namely Ayrshire, British Fresian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
“river valley grassland” means grassland other than chalk downland situated within a river valley; and
“strip”, except in the definition of “access route”, means a strip of land at least six metres wide located at the edge of a field and used for the production of arable crops.
2
Any reference in this Order to a numbered article or Schedule (with no corresponding reference to a specific instrument) is a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the South Downs in the Counties of Hampshire and East and West Sussex which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of the South Downs Environmentally Sensitive Area” dated 13th January 1992 signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, at Nobel House, 17 Smith Square, London SW1P 3JR.
Requirements and provisions of agreement
4
1
The requirements as to agricultural practices, methods and operations and the installation or use of equipment which must be included in agreements are those specified in Schedule 1, subject only to the exceptions specified in Schedules 2 and 3.
2
The provisions relating to additional matters in relation to which the Minister may make payments in accordance with article 5 are specified in Schedules 2, 3, 4, 5 and 6.
Rates of payment under agreement
5
1
The Minister may make payments under an agreement in consideration of the requirements included pursuant to article 4(1), up to the maximum rate per annum set out in Part I of Schedule 7 for each hectare of grassland to which the agreement relates.
2
Where an agreement contains the additional provisions specified in one or more of–
a
Schedule 2;
b
Schedule 3; and
c
the options contained in Schedule 4,
the Minister may make payments in consideration of those provisions, up to the maximum rate per annum for each hectare of land which under the agreement is subject to those provisions, as set out opposite the reference to that Schedule, or, as the case may be, option, in Part II of Schedule 7.
3
An agreement may include requirements as to public access specified in Schedule 5 and, where it does so, the Minister may make payments in consideration of those requirements up to the maximum rate per annum set out in Part III of Schedule 7 for each hectare of access route.
4
Where an agreement includes a conservation plan, the Minister may also make payments in consideration of the operations included in the plan, up to the maximum sum set out in Part IV of Schedule 7.
5
For the purposes of paragraph (5) of this article, a conservation plan means a plan which the farmer undertakes or has undertaken as part of an agreement to implement within a period of two years, for the carrying out of one or more of the operations specified in Schedule 6.
6
In this article and Schedule 7 any reference to a payment rate in relation to any unit of measurement includes a proportionate rate for a proportionate part of that unit.
Revocation, saving and amendment
6
1
The Environmentally Sensitive Areas (South Downs) Designation Order 1992 is, insofar as it was made under section 18 of the Agriculture Act 1986, hereby revoked except that–
a
the saving set out in article 7 of that Order in respect of the provisions of the Environmentally Sensitive Areas (South Downs) Designation Order 1986 and the Environmen tally Sensitive Areas (South Downs — Western Extension) Designation Order 1987 shall continue to apply in respect of the agreements referred to in that article, and
b
the other provisions of that Order so made, as amended in accordance with Schedule 8 shall continue to apply to other agreements made before the coming into force of this Order in relation to land within the area designated by that Order.
2
The Environmentally Sensitive Areas (South Downs) Designation (Amendment) ( No. 2) Order 1994 and the Environmentally Sensitive Areas (South Downs) Designation (Amendment) Order 1996 are hereby revoked, but not so as to affect the exceptions referred to in paragraph (1) of this article.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th June 1997
We consent
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Independent Trustee) Regulations 1997 and shall come into force on 6th April 1997.
2
In these Regulations “the 1995 Act ” means the Pensions Act 1995 and any expressions used in these Regulations have the same meaning as in Part I of that Act.
Additional requirement for independent trustee
2
For the purposes of section 23(3) of the 1995 Act (which sets out the requirements which must be satisfied for a person to be an independent trustee) the prescribed requirements are —
a
that the person —
i
has not provided services in relation to the scheme to the trustees or the employer at any time since the day which fell 3 years before section 22 of that Act started to apply in relation to the scheme; and
ii
is not connected with, nor an associate of, a person who has provided such services since that day; and
b
that the person —
i
has had no interest in the assets of the employer or of the scheme (otherwise than as a trustee of the scheme) at any time since the day referred to in sub-paragraph (a); and
ii
is neither connected with, nor an associate of a person who has such an interest or has had at any time since that day.
Multi-employer schemes
3
1
Sections 22 to 26 of the 1995 Act are modified as described in this regulation in their application to any trust scheme in relation to which there is more than one employer (“a multi-employer scheme”).
2
Section 22 applies in relation to a multi-employer scheme only if —
a
an employer in relation to whom an insolvency practitioner has begun to act, or the offificial receiver has become liquidator or provisional liquidator, or of whose estate the official receiver has become receiver and manager or trustee —
i
has, or has had at any time since the day which fell 3 years before section 22 of the 1995 Act started to apply in relation to the scheme, power to appoint or to remove any trustee, or any director of a company which is a trustee, of the scheme; or
ii
is a trustee of the scheme; and
b
either —
i
no other employer is a trustee of the scheme or has power to appoint or to remove any trustee, or any director of a company which is a trustee, of the scheme; or
ii
another employer is a trustee or has such power, but he is an employer in relation to whom an insolvency practitioner has begun to act or the official receiver has become liquidator or provisional liquidator or of whose estate the official receiver has become receiver and manager or trustee.
3
Where section 22 applies in relation to a multi-employer scheme, references to the employer in that section and in sections 23 to 25 are to be treated as references to each employer referred to in paragraph (2)(a).
4
Where section 22 applies in relation to a multi-employer scheme, it shall not cease to do so by virtue of subsection (2)(a) of that section unless the power to appoint or to remove any trustee of the scheme is transferred to the new employer or to any person who is independent for the purposes of section 23(1).
Cases where a partnership is the employer
4
1
Sections 22 to 26 of the 1995 Act are modified as described in this regulation in their application to any case where —
a
a partnership is the employer or one of the employers in relation to a trust scheme;
b
the partnership is insolvent; and
c
the courts of England and Wales have jurisdiction to wind up the insolvent partnership .
2
Section 22 applies in relation to the scheme —
a
if a person begins to act as an insolvency practitioner in relation to the insolvent partnership; or
b
if the official receiver becomes the liquidator or provisional liquidator of the insolvent partnership.
3
Where section 22 applies in relation to the scheme, references to a company are to be treated as including any insolvent partnership that a court in England and Wales has jurisdiction to wind up.
Exemptions
5
1
Sections 22 to 26 of the 1995 Act shall not apply to any of the following schemes —
a
a scheme of which each member is a trustee;
b
a money purchase scheme;
c
a scheme —
i
the only benefits provided by which are death benefits; and
ii
under the provisions of which no member has accrued rights;
d
a scheme under which all the benefits to be provided are secured by one or more policies of insurance or annuity contracts and such policies or contracts are specifically allocated to the provision of benefits for individual members or any other person who has a right to benefits under the scheme;
e
a scheme which would be a money purchase scheme but for the fact that it provides guaranteed minimum pensions;
f
a scheme which provides relevant benefits but is neither an approved scheme nor a relevant statutory scheme;
g
a section 615(6) scheme.
2
In this regulation —
“approved scheme” means a scheme which is approved or was formerly approved under section 590 or 591 of the Income and Corporation Taxes Act 1988 (“the Taxes Act”) or in respect of which an application for such approval has been duly made but has not been determined;
“guaranteed minimum pension” has the same meaning as in the Pension Schemes Act 1993 ;
“relevant benefits” has the same meaning as in section 612(1) of the Taxes Act;
“relevant statutory scheme” has the same meaning as in section 611A of the Taxes Act ;
“section 615(6) scheme” means a scheme with such a superannuation fund as is mentioned in section 615(6) of the Taxes Act.
Meaning of “employer” in relation to schemes with no members in employment to which the scheme relates
6
For the purposes of sections 22 to 26 of the 1995 Act and these Regulations, where there are no members in employment to which the scheme in question relates, references to the employer shall include the person who last employed persons in the description or category of employment to which the scheme in question relates.
Disclosure requirements and penalty
7
1
The trustees of a scheme to which section 22 of the 1995 Act applies must furnish the information specified in paragraph (2) in accordance with the following provisions of this regulation.
2
The information referred to in paragraph (1) is —
a
the name and address of any person who has been appointed as an independent trustee of the scheme under section 23(1)(b) of the 1995 Act;
b
the scale of fees that will be chargeable by any independent trustee and payable by the scheme;
c
details of the amounts charged to the scheme by any independent trustee in the past 12 months;
d
the name and address of any trustee who is an independent person for the purposes of section 23(1)(a) of that Act.
3
The trustees must furnish the information referred to in paragraph (2)(a) in writing to every member or relevant trade union as of course within 2 months of the appointment of the independent trustee.
4
Where section 22 of the 1995 Act applies in relation to a scheme and no independent trustee has been appointed under section 23(1)(b) of that Act, the trustees must, as soon as practicable, and in any event within 2 months of the date on which the insolvency practitioner or official receiver first advises any of the trustees that he is satisfied that at least one of the trustees of the scheme is an independent person, furnish in writing to each member the information referred to in paragraph (2)(d).
5
The trustees must furnish any of the information referred to in paragraph (2) in writing to any member or prospective member or relevant trade union on request (not being a request made less than 12 months after the last occasion on which such information was furnished to the same person or trade union) as soon as practicable and in any event within 2 months after the request is made.
6
Where a person fails, without reasonable excuse, to comply with any requirement imposed upon him by this regulation, the Occupational Pensions Regulatory Authority may require him to pay, within 28 days, a penalty which —
a
in the case of an individual shall not exceed £1,000; and
b
in any other case shall not exceed £10,000.
7
In this regulation —
“member” does not include a deferred member whose present address is not known to the trustees and in respect of whom correspondence sent by the trustees to his last known address has been returned;
“prospective member” means any person who, under the terms of his contract of service and the scheme rules —
is able, at his own option, to become a member of the scheme,
will become so able if he continues in the same employment for a sufficiently long period,
will be admitted to it automatically unless he makes an election not to become a member, or
may be admitted to it subject to the consent of his employer; and
“relevant trade union” in relation to any scheme means an independent trade union recognised to any extent for the purposes of collective bargaining in relation to members and prospective members of the scheme in question;
“request” means a request in writing.
8
Any question as to whether an organisation is a relevant trade union shall be referred to an industrial tribunal.
9
Any information which this regulation requires the trustees to furnish as of course to a member who is not in any employment to which the scheme relates shall be deemed to have been furnished if it was sent to him by post to his last address known to the trustees.
Transitional arrangements
8
1
Paragraphs (2) and (3) of this regulation apply in relation to a scheme in respect of which section 119 of the Pension Schemes Act 1993 (“the 1993 Act ”) applied immediately before 6th April 1997.
2
Section 22 of the 1995 Act shall apply in relation to such a scheme (notwithstanding that the scheme falls within any of the categories specified in sub-paragraphs (a) to (g) of regulation 5(1)) but the day referred to in regulation 2(a)(i) shall be the day which fell 3 years before section 119 of the 1993 Act started to apply in relation to the scheme.
3
Where, before 6th April 1997, a person has been appointed as an independent trustee in accordance with section 119 of the 1993 Act, then so long as that person continues to satisfy the requirements of subsection (3) of that section (test of independence) and regulations made under it, regulation 2 (additional requirement for independent trustee) shall not apply.
4
Except as provided in paragraphs (2) and (3), section 22 of the 1995 Act shall not apply in a case where the date on which the insolvency practitioner began to act or, as the case may be, the official receiver became the liquidator, provisional liquidator, receiver or trustee in relation to the employer fell before 6th April 1997.
Revocation
9
Subject to regulation 8, the Occupational Pension Schemes (Independent Trustee) Regulations 1990 are revoked.
Signed by authority of the Secretary of State for Social Security.
MacKay of Ardbrecknish
Minister of State,
Department of Social Security
6th February 1997


text:
1
These Regulations may be cited as the Merchant Shipping (Prevention of Oil Pollution) (Amendment) Regulations 1997 and shall come into force on 1st September 1997.
2
The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 shall be amended as follows.
3
In regulation 7(6)(a) for “fitting arrangements” there shall be substituted “fittings, arrangements”.
4
In regulation 8(1)(b) after “Secretary of State” there shall be inserted “, other than the direct replacement of fittings or equipment”.
5
In regulation 14(2) for “(2) and (6)” there shall be substituted “(3) and (6)”.
6
In regulation 16(3)(b) for “Paragraph (2)(a)” there shall be substituted “Paragraph (2)(b)”.
7
In regulation 32(3)(b) for “platform” there shall be substituted “machinery space”.
8
In regulation 36(2) for “£50,000” there shall be substituted “£250,000”.
9
In regulation 37(3)(c)(i) and (ii) for “£55,000” there shall be substituted “£255,000”.
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
31st July 1997


text:
Citation and commencement
1
This Order may be cited as the Water Undertakers (Extension of Byelaws) Order 1997 and shall come into force on 31st March 1997.
Extension of water byelaws
2
The byelaws listed in column (2) of the Schedule and made by, or having effect as if made by, the water undertakers listed in column (1) of the Schedule under section 17 of the Water Act 1945 (prevention of waste of water etc. ) shall remain in force until 30th September 1998.
Signed by authority of the Secretary of State for Wales
George Craig
An Under Secretary in the Welsh Office
6th March 1997


text:
1
These Regulations may be cited as the Insurance Companies (Overseas Life Assurance Business) (Compliance) (Amendment) Regulations 1997, shall come into force on 19th March 1997, and shall have effect in relation to accounting periods beginning on or after 1st November 1994.
2
In the Insurance Companies (Overseas Life Assurance) (Compliance) Regulations 1995 , the following regulation shall be inserted after regulation 3 —
Exclusion of business of friendly society which is exempt from tax
3A
These Regulations do not apply to any business of a friendly society the profits arising from which are exempt from income tax and corporation tax under section 460(1) .
S C T Matheson
G H Bush
Two of the Commissioners of Inland Revenue
25th February 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oxleas National Health Service Trust (Transfer of Trust Property) Order 1997 and shall come into force on 10th November 1997.
2
In this Order —
“the first trust” means Ravensbourne National Health Service Trust;
“the second trust” means Oxleas National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the first and second trusts on 18th July 1997 which schedule has been signed on behalf of both trusts.
Transfer of trust property
2
On 10th November 1997 the trust property shall be transferred from the first trust to the second trust.
Signed by authority of the Secretary of State for Health
Alan Milburn
Parliamentary Under Secretary of State,
Department of Health
13th October 1997


text:
Citation and commencement
1
These Regulations may be cited as the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 and shall come into force on 28th February 1997.
Interpretation
2
In these Regulations any reference to a section or Schedule is a reference to a section of, or Schedule to, the Housing Act 1988 and any reference to a numbered form is a reference to the form bearing that number in the Schedule to these Regulations, or to a form substantially to the same effect.
Prescribed forms
3
The forms prescribed for the purposes of Part I (rented accommodation) of the Housing Act 1988 are —
a
for a notice under section 6(2) proposing terms of a statutory periodic tenancy different from the implied terms, Form No.1;
b
for an application under section 6(3) referring a notice under section 6(2) to a rent assessment committee, Form No.2;
c
for a notice under section 8 informing a tenant or licensee that the landlord intends to begin proceedings for possession of a dwelling-house let on an assured tenancy or an assured agricultural occupancy, Form No.3;
d
for a notice under section 13(2) proposing a new rent for an assured tenancy or an assured agricultural occupancy, Form No. 4;
e
for an application under section 13(4) referring to a rent assessment committee a notice under section 13(2) relating to an assured tenancy or an assured agricultural occupancy, Form No.5;
f
for an application under section 22(1) to a rent assessment committee for a determination of rent under an assured shorthold tenancy, Form No.6;
g
for a notice under section 41(2) requiring a landlord or tenant to give information to a rent assessment committee, Form No.7;
h
for a notice under paragraph 7 of Schedule 2A, by the tenant to the landlord proposing that an assured tenancy be replaced by an assured shorthold tenancy, Form No.8;
i
for a notice under paragraph 9 of Schedule 2A, by the landlord to the prospective tenant, proposing an assured shorthold tenancy where the tenancy meets the conditions for an assured agricultural occupancy, Form No.9.
Revocations and savings
4
1
The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988 (“the 1988 Regulations ”), the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1989 , the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1990 and the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1993 are hereby revoked.
2
Nothing in paragraph (1) affects the validity of a notice served before the coming into force of these Regulations if, at the date of service of the notice, the notice was in the form then prescribed by the 1988 Regulations.
Signed by authority of the Secretary of State for the Environment
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
28th January 1997
William Hague
Secretary of State for Wales
29th January 1997


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (North Circular Road, Ealing) Red Route (Prescribed Routes and Turns) Traffic Order 1997, and shall come into force on 29th August 1997.
Interpretation
2
In this Order —
a
causing includes permitting;
b
“Uxbridge Road” means the length of the A4020 in the London Borough of Ealing between The Mall and High Street;
c
“traffic island 1” and “traffic island 2” mean respectively the northern and southern traffic island sites situated in the eastbound carriageway of Uxbridge Road adjacent to and immediately west of the junction of Uxbridge Road and the northbound carriageway of the A406 Hanger Lane; and
d
“traffic island 3” and “traffic island 4” mean respectively the northern and southern traffic island sites situated in the westbound carriageway of Uxbridge Road adjacent to and immediately east of the junction of Uxbridge Road and the southbound carriageway of the A406 Gunnersbury Avenue.
e
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
Prescribed Routes and Turns
3
Subject to the provisions of article 4;
a
no person causing a vehicle to proceed eastwards in Uxbridge Road on the north of traffic island 1 shall cause that vehicle to turn right into Gunnersbury Avenue or left into Hanger Lane;
b
no person causing a vehicle to proceed eastwards in Uxbridge Road between traffic islands 1 and 2 shall cause that vehicle to turn left into Hanger Lane or to proceed eastwards across Gunnersbury Avenue;
c
no person causing a vehicle to proceed westwards in Uxbridge Road between traffic islands 3 and 4, shall cause that vehicle to turn left into Gunnersbury Avenue or to proceed westwards across Gunnersbury Avenue;
d
no person causing a vehicle to proceed westwards in Uxbridge Road on the south of traffic island 4 shall cause that vehicle to turn right into Hanger Lane.
4
The provisions of article 3 shall not apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Revocation or variation of existing Orders
5
The A406 Trunk Road (North Circular Road, Ealing) Red Route (Prescribed Routes and Turns No 1) Experimental Traffic Order 1996 is hereby revoked.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
18th August 1997


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


text:
1
This Order may be cited as the Crown Agents Act 1995 (Successor Company) Order 1997.
2
The company nominated for the purposes of section 1 of the Crown Agents Act 1995 is The Crown Agents for Oversea Governments and Administrations Limited (registered number 3259922).
Malcolm Rifkind
One of Her Majesty’s Principal Secretaries of State
20th March 1997