text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Family Proceedings Courts (Matrimonial Proceedings etc) (Amendment) Rules 1997 and shall come into force on 1st October 1997.
2
The Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991 shall be amended in accordance with the following provisions of these Rules and, in those provisions, any reference to a rule by number alone shall be construed as a reference to the rule so numbered in the said Rules of 1991.
2
The heading to Part II shall be amended by inserting at the end “AND PROCEEDINGS UNDER PART IV OF THE FAMILY LAW ACT 1996 ”.
3
Rule 2(1) shall be amended —
a
by inserting, in the definition of “application” after the words “the Act”, the words “or, as the case may be, the Family Law Act 1996”;
b
by omitting, in the definition of “court”, the words “(save where section 16(5) of the Act applies)”;
c
by omitting the definition of “family protection order”; and
d
by substituting, for the definition of “form”, the following —
“form” means a form in Schedule 1 to these Rules and, where a form is referred to by number, means the form so numbered in that Schedule, with such variation as the circumstances of the particular case may require;
.
4
Rule 2(2) shall be amended by inserting at the end “or, as the case may be, in the Family Law Act 1996”.
5
Rule 3(1) shall be amended by substituting, for the words “Subject to paragraphs (3) and (4),”, the words “Subject to paragraph (3) and rule 3A,”.
6
Rule 3(1)(b) shall be amended by omitting the words “save where section 16(6) of the Act applies,” and “and, in the case of an application under section 16, at least one day,”.
7
Rule 3(2)(a) shall be amended by omitting the words “which in the case of an application under section 16 shall be no later than 14 days after receipt of the application”.
8
Rule 3(2)(c) and (4) shall be omitted.
9
After rule 3, there shall be inserted the following new rule —
Applications under Part IV of the Family Law Act 1996
3A
1
An application for an occupation order or a non-molestation order under Part IV of the Family Law Act 1996 (Family Homes and Domestic Violence) shall be made in Form FL401.
2
An application for an occupation order or a non-molestation order which is made in other proceedings which are pending shall be made in Form FL401.
3
An application in Form FL401 shall be supported —
a
by a statement which is signed and is declared to be true; or
b
with the leave of the court, by oral evidence.
4
An application in Form FL401 may, with the leave of the justices’ clerk or of the court, be made ex parte, in which case
a
the applicant shall file with the justices’ clerk or the court the application at the time when the application is made or as directed by the justices’ clerk; and
b
the evidence in support of the application shall state the reasons why the application is made ex parte.
5
An application made on notice (together with any statement supporting it and a notice in Form FL402) shall be served by the applicant on the respondent personally not less than 2 business days prior to the date on which the application will be heard.
6
The court or the justices’ clerk may abridge the period specified in paragraph (5).
7
Where the applicant is acting in person, service of the application may, with the leave of the justices’ clerk, be effected in accordance with rule 4.
8
Where an application for an occupation order or a non-molestation order is pending, the court shall consider (on the application of either party or of its own motion) whether to exercise its powers to transfer the hearing of that application to another court and the justices’ clerk or the court shall make an order for transfer in Form FL417 if it seems necessary or expedient to do so.
9
Where an order for transfer is made, the justices’ clerk shall send a copy of the order —
a
to the parties, and
b
to the family proceedings court or to the county court to which the proceedings are to be transferred.
10
A copy of an application for an occupation order under section 33, 35 or 36 of the Family Law Act 1996 shall be served by the applicant by first-class post on the mortgagee or, as the case may be, the landlord of the dwelling-house in question, with a notice in Form FL416 informing him of his right to make representations in writing or at any hearing.
11
The applicant shall file a statement in Form FL415 after he has served the application.
12
Rule 33A of the Family Proceedings Courts (Children Act 1989) Rules 1991 (disclosure of addresses) shall apply for the purpose of preventing the disclosure of addresses where an application is made in Form FL401 as it applies for that purpose in proceedings under the Children Act 1989 .
.
10
Rule 4(4) shall be amended by omitting the words “Save where section 16(6) of the Act applies,”
11
Rules 7(4), 7(5)(a), 9(1), 10(1), 12(3), 12(4), 13(1), 14 and 16(2) shall be amended by omitting the words “under the Act”.
12
Rule 8(2) shall be amended by omitting the words “Without prejudice to section 16(6) of the Act, and”.
13
Rule 11 shall be amended by substituting, for the words “proceedings under the Act”, the words “any proceedings”.
14
After rule 12, there shall be inserted the following new rules —
Hearing of applications under Part IV of the Family Law Act 1996
12A
1
This rule applies to the hearing of applications under the Part IV of the Family Law Act 1996 and the following forms shall be used in connection with such hearings:
a
a record of the hearing shall be made on Form FL405, and
b
any order made on the hearing shall be issued in Form FL404.
2
Where an order is made on an application made ex parte, a copy of the order together with a copy of the application and of any statement supporting it shall be served by the applicant on the respondent personally.
3
Where the applicant is acting in person, service of a copy of an order made on an application made ex parte shall be effected by the justices’ clerk if the applicant so requests.
4
Where the application is for an occupation order under section 33, 35 or 36 of the Family Law Act 1996, a copy of any order made on the application shall be served by the applicant by first-class post on the mortgagee or, as the case may be, the landlord of the dwelling-house in question.
5
A copy of an order made on an application heard inter partes shall be served by the applicant on the respondent personally.
6
Where the applicant is acting in person, service of a copy of the order made on an application heard inter partes may, with the leave of the justices’ clerk, be effected in accordance with rule 4.
7
The court may direct that a further hearing be held in order to consider any representations made by a mortgagee or a landlord.
Applications to vary etc orders made under Part IV of the Family Law Act 1996
12B
An application to vary, extend or discharge an order made under Part IV of the Family Law Act 1996 shall be made in Form FL403 and rules 12 and 12A shall apply to the hearing of such an application.
.
15
For rules 20 and 21, there shall be substituted the following —
Enforcement of orders made on applications under Part IV of the Family Law Act 1996
20
1
Where a power of arrest is attached to one or more of the provisions (“the relevant provisions”) of an order made under Part IV of the Family Law Act 1996 —
a
the relevant provisions shall be set out in Form FL406 and the form shall not include any provisions of the order to which the power of arrest was not attached; and
b
a copy of the form shall be delivered to the officer for the time being in charge of any police station for the applicant’s address or of such other police station as the court may specify.
The copy of the form delivered under sub-paragraph (b) shall be accompanied by a statement showing that the respondent has been served with the order or informed of its terms (whether by being present when the order was made or by telephone or otherwise).
2
Where an order is made varying or discharging the relevant provisions, the justices’ clerk shall —
a
immediately inform the officer who received a copy of the form under paragraph (1) and, if the applicant’s address has changed, the officer for the time being in charge of the police station for the new address; and
b
deliver a copy of the order to any officer so informed.
3
An application for the issue of a warrant for the arrest of the respondent shall be made in Form FL407 and the warrant shall be issued in Form FL408 and delivered by the justices’ clerk to the officer for the time being in charge of any police station for the respondent’s address or of such other police station as the court may specify.
4
The court before whom a person is brought following his arrest may —
a
determine whether the facts, and the circumstances which led to the arrest, amounted to disobedience of the order, or
b
adjourn the proceedings and, where such an order is made, the arrested person may be released and
i
be dealt with within 14 days of the day on which he was arrested; and
ii
be given not less than 2 business days’ notice of the adjourned hearing.
Nothing in this paragraph shall prevent the issue of a notice under paragraph (8) if the arrested person is not dealt with within the period mentioned in sub-paragraph (b)(i) above.
5
Paragraphs (6) to (13) shall apply for the enforcement of orders made on applications under Part IV of the Family Law Act 1996 by committal order.
6
Subject to paragraphs (11) and (12), an order shall not be enforced by committal order unless
a
a copy of the order in Form FL404 has been served personally on the respondent; and
b
where the order requires the respondent to do an act, the copy has been so served before the expiration of the time within which he was required to do the act and was accompanied by a copy of any order, made between the date of the order and the date of service, fixing that time.
7
At the time when the order is drawn up, the justices’ clerk shall —
a
where the order made is (or includes) a non-molestation order, and
b
where the order made is an occupation order and the court so directs,
issue a copy of the order, indorsed with or incorporating a notice as to the consequences of disobedience, for service in accordance with paragraph (6).
8
If the respondent fails to obey the order, the justices’ clerk shall, at the request of the applicant, issue a notice in Form FL418 warning the respondent that an application will be made for him to be committed and, subject to paragraph (12), the notice shall be served on him personally.
9
The request for issue of the notice under paragraph (8) shall be treated as a complaint and shall —
a
identify the provisions of the order or undertaking which it is alleged have been disobeyed or broken;
b
list the ways in which it is alleged that the order or undertaking has been disobeyed or broken;
c
be supported by a statement which is signed and is declared to be true and which states the grounds on which the application is made,
and, unless service is dispensed with under paragraph (12), a copy of the statement shall be served with the notice.
10
If an order in Form FL419 (a committal order) is made, it shall include provision for the issue of a warrant of committal in Form FL420 and, unless the court otherwise orders —
a
a copy of the order shall be served personally on the person to be committed either before or at the time of the execution of the warrant; or
b
the order for the issue of the warrant may be served on the person to be committed at any time within 36 hours after the execution of the warrant.
11
An order requiring a person to abstain from doing an act may be enforced by committal order notwithstanding that a copy of the order has not been served personally if the court is satisfied that, pending such service, the respondent had notice thereof either —
a
by being present when the order was made;
b
by being notified of the terms of the order whether by telephone or otherwise.
12
The court may dispense with service of a copy of the order under paragraph (6) or a notice under paragraph (8) if the court thinks it just to do so.
13
Where service of a notice to show cause is dispensed with under paragraph (12) and a committal order is made, the court may of its own motion fix a date and time when the person to be committed is to be brought before the court.
14
Paragraphs (6) to (10), (12) and (13) shall apply to the enforcement of undertakings with the necessary modifications and as if
a
for paragraph (6) there were substituted the following —
6
A copy of Form FL422 recording the undertaking shall be delivered by the justices’ clerk to the party giving the undertaking
a
by handing a copy of the document to him before he leaves the court building; or
b
where his place of residence is known, by posting a copy to him at his place of residence; or
c
through his solicitor,
and, where delivery cannot be effected in this way, the justices’ clerk shall deliver a copy of the document to the party for whose benefit the undertaking is given and that party shall cause it to be served personally as soon as is practicable.
;
b
in paragraph (12), the words from “a copy” to “paragraph (6) or” were omitted.
15
Where a person in custody under a warrant or order, desires to apply to the court for his discharge, he shall make his application in writing attested by the governor of the prison showing that he has purged or is desirous of purging his contempt and the justices’ clerk shall, not less than one day before the application is heard, serve notice of it on the party (if any) at whose instance the warrant or order was issued.
16
The court by whom an order of committal is made may by order direct that the execution of the order of committal shall be suspended for such period or on such terms or conditions as it may specify.
17
Where execution of an order of committal is suspended by an order under paragraph (16), the applicant for the order of committal must, unless the court otherwise directs, serve on the person against whom it was made a notice informing him of the making and terms of the order under that paragraph.
18
The court may adjourn consideration of the penalty to be imposed for contempts found proved and such consideration may be restored if the respondent does not comply with any conditions specified by the court.
19
Where the court makes a hospital order in Form FL413 or a guardianship order in Form FL414 under the Mental Health Act 1983 , the justices’ clerk shall —
a
send to the hospital any information which will be of assistance in dealing with the patient;
b
inform the applicant when the respondent is being transferred to hospital.
20
Where a transfer direction given by the Secretary of State under section 48 of the Mental Health Act 1983 is in force in respect of a person remanded in custody by the court, the justices’ clerk shall notify —
a
the governor of the prison to which that person was remanded; and
b
the hospital where he is detained,
of any committal hearing which that person is required to attend and the justices’ clerk shall give notice in writing to the hospital where that person is detained of any further remand.
21
An order for the remand of the respondent shall be in Form FL409 and an order discharging the respondent from custody shall be in Form FL421.
22
In paragraph (4) “arrest” means arrest under a power of arrest attached to an order or under a warrant of arrest.
Applications under Part IV of the Family Law Act 1996: bail
21
1
An application for bail made by a person arrested under a power of arrest or a warrant of arrest may be made either orally or in writing.
2
Where an application is made in writing, it shall contain the following particulars —
a
the full name of the person making the application;
b
the address of the place where the person making the application is detained at the time when the application is made;
c
the address where the person making the application would reside if he were to be granted bail;
d
the amount of the recognizance in which he would agree to be bound; and
e
the grounds on which the application is made and, where a previous application has been refused, full particulars of any change in circumstances which has occurred since that refusal.
3
An application made in writing shall be signed by the person making the application or by a person duly authorised by him in that behalf or, where the person making the application is a minor or is for any reason incapable of acting, by a guardian ad litem acting on his behalf and a copy shall be served by the person making the application on the applicant for the Part IV order.
4
The following forms shall be used:
a
the recognizance of the person making the application shall be in Form FL410 and that of a surety in Form FL411;
b
a bail notice in Form FL412 shall be given to the respondent where he is remanded on bail.
.
16
For rule 24 there shall be substituted the following —
Setting aside on failure of service
24
Where an application has been sent to a respondent in accordance with rule 4(1) and, after an order has been made on the application, it appears to the court that the application did not come to the knowledge of the respondent in due time, the court may of its own motion set aside the order and may give such directions as it thinks fit for the rehearing of the application.
.
17
For rule 25 there shall be substituted the following —
Proceedings with respect to which a single justice may discharge the functions of a court
25
The following proceedings are prescribed as proceedings with respect to which a single justice may discharge the functions of a court, that is to say, proceedings —
a
in which an application is made ex parte for an occupation order or a non-molestation order under Part IV of the Family Law Act 1996;
b
in accordance with rules 3, 3A(2), (6) and (8), 4, 6 (except paragraph (2)), 7 to 14 and 20(4).
.
18
In Schedule 1 —
a
forms MAT 8, 10, 11, 12 and 13 shall be omitted; and
b
at the end there shall be inserted the list of forms in Schedule 1 to these Rules and the forms in Schedule 2 to these Rules.
19
Subject to paragraph 10(3) of Schedule 9 to the Family Law Act 1996, rules 2 to 15, 17 and 18 shall not apply to proceedings commenced before Part IV of that Act came into force.
Irvine of Lairg, C.
Dated 28th July 1997


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (No. 2) Order 1997 and shall come into force on 30th September 1997.
Designation of bodies
2
Each of the following bodies, being a person appearing to the Secretary of State to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England and Wales —
Bedford Bereavement Care Limited
Wansbeck Energy Company Limited.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State,
Department of the Environment,Transport and the Regions
20th August 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
27th August 1997


text:
Citation and commencement
1
1
This Order may be cited as the Yorkshire Dales Light Railway Order 1997 and shall come into force on 22nd January 1997.
2
The Yorkshire Dales Light Railway Orders 1979 to 1991 and this Order may be cited together as the Yorkshire Dales Light Railway Orders 1979 to 1997.
Interpretation
2
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them —
“ the Board ” means the British Railways Board;
“ the Company ” means Yorkshire Dales Railway Museum Trust (Holdings) Limited incorporated under the Companies Act 1948 and having its registered office at Albion House, Rope Walk, Otley Street, Skipton, North Yorkshire;
“the former railway ” means the railway or former railway of the Board described in the Schedule to this Order together with all lands and works relating thereto;
“the Order of 1987 ” means the Yorkshire Dales Light Railway Order 1987 ;
“the Order of 1991 ” means the Yorkshire Dales Light Railway Order 1991 ;
“ Prior’s Bridge ” means the bridge in the parish of Draughton carrying the road known as Low Lane over the former railway; and
“ the railway ” means the railway authorised to be constructed and maintained pursuant to article 5 of this Order together with all lands and works relating thereto and, where any part of the said railway and works remains uncompleted, includes the site of that part.
Incorporation and modification of enactments
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 , so far as the same are applicable for the purposes of and are not inconsistent with, or varied by, the provisions of this Order, are incorporated with and form part of this Order: —
Section 16 (works to be executed);
Section 61 (company to make sufficient approaches and fences to such highways crossing on the level);
Section 68 (maintenance of gates, bridges, fences, drains, watering places);
Section 75 (penalty on persons omitting to fasten gates); and
Sections 77 to 85E (provisions with respect to mines lying under or near the railway).
2
The following provisions shall apply to the railway: —
Regulation of Railways Act 1868
Section 22 (means of communication between passengers and railway servants);
Regulation of Railways Act 1889
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
3
In its application to the railway, section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
Disapplication of provisions
4
Section 6 (For protection of the Duke of Devonshire) of the Midland Railway (Additional Powers) Act 1883 shall not apply to the railway.
Power to construct and maintain railway
5
The Company may on the line and to the extent of the former railway construct and maintain a railway with all the necessary works and conveniences connected therewith and work the same as a light railway under the Act and in accordance with the provisions of this Order.
Transfer of rights, etc , from Board
6
Subject to the provisions of this Order, the railway or any part thereof shall be subject to all statutory and other provisions applicable to the former railway (insofar as the same are still subsisting and capable of taking effect) and the Company shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the former railway (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
Levels and formation of railway
7
The railway shall be laid on the same levels as, and upon the existing formation of, the former railway, except for the length of the railway between a point 25 metres to the west of the centre of Prior’s Bridge and a point 100 metres east of the centre of that bridge, where the railway shall be laid within the existing formation but at a level no more than 70 centimetres below the level of the former railway.
Provisions as to certain bridges
8
1
In this article, “the bridges” means —
a
Prior’s Bridge; and
b
the bridge (sometimes known as Prior’s Bridge) carrying the road over the stream (Lillands Beck) forming the boundary between the parishes of Halton East and Draughton, which road is known (as to the Halton East side) as Prior’s Lane and (as to the Draughton side) as Low Lane.
2
Notwithstanding anything in this Order, the bridges shall be deemed not to form part of the railway or former railway and accordingly nothing in this Order shall impose on the Company any duty to maintain the bridges.
Gauge of railway and motive power
9
1
The railway shall be constructed and operated on a nominal gauge of 1.435 metres (4 feet 8½ inches) and the motive power shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may in writing approve.
2
Nothing in this Order shall authorise the Company to use electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.
3
If electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 ) or with telecommunication by means of such apparatus.
Conveyance of passengers
10
No part of the railway shall be used for the conveyance of passengers without the prior written permission of the Secretary of State.
For protection of Trustees of Chatsworth Settlement
11
1
Article 12 (For protection of Trustees of Chatsworth Settlement) of the Order of 1987 shall apply to the railway as it applies to the railway authorised by and defined in that Order.
2
The provisions of the said article 12, as so applied, shall have effect —
a
as if for references to the coming into operation of the Order of 1987 there were substituted references to the date of the coming into force of this Order; and
b
as if for references to the operators there were substituted references to the Company.
For protection of water and sewerage undertakers
12
1
For the protection of water and sewerage undertakers (in this article referred to as “the undertakers”) the following provisions shall apply unless otherwise agreed in writing between the Company and the undertakers concerned.
2
In this article —
“relevant pipe”, in relation to any of the undertakers, has the meaning given in section 179(7) of the Water Industry Act 1991 : and
“the signed plan” means the plan of which three copies have been signed by David Barlow, the Chairman of the Company, on behalf of the Company and by John Layfield, Director of Production and Technology, Yorkshire Water Plc, on behalf of Yorkshire Water Plc, and deposited respectively in the Department of Transport, the principal office of the Company and the principal office of Yorkshire Water Plc.
3
Nothing in section 18 of the Railways Clauses Consolidation Act 1845 in its application to the railway shall authorise the Company to raise, sink or otherwise alter the position of, or in any way interfere with, any relevant pipe without the consent in writing of the undertaker concerned, such consent not to be unreasonably withheld.
4
a
In this paragraph “the main” means the raw water mains forming part of the Hambleton Beck section of the Barden to Gilstead aqueduct, the approximate position of which is indicated by red lines on the signed plan.
b
The Company shall not within the boundaries of the lands comprised in the railway and without the consent of the undertakers concerned —
i
place or deposit any materials or erect any structure or works; or
ii
make any excavation to a depth of more than 300 millimetres below the surface of the ground,
insofar as the same is or would be carried out or situated within 15 metres (measured in any direction) of any part of the main.
c
The undertakers concerned shall not unreasonably withhold their consent under this paragraph to the construction of a single or double line of rails and shall not otherwise unreasonably withhold their consent under this paragraph but may grant their consent subject to reasonable conditions for the protection of the main.
5
a
Where any relevant pipe is situated in or under any land owned or held for the purpose of the railway the Company shall at their own expense maintain all culverts over such relevant pipe which are in existence at the coming into force of this Order so as to leave the relevant pipe accessible for the purpose of repairs.
b
Nothing in this paragraph shall have the effect of requiring the Company to carry out works of maintenance in respect of any culvert which the undertakers or any other person are liable to maintain.
6
The Company shall afford reasonable facilities to the undertakers for the execution and doing of all such works and things as may be reasonably necessary to enable them to inspect, repair, maintain, renew, replace, remove, alter or use any relevant pipe.
7
The Company shall compensate the undertakers —
a
for any damage done or disturbance caused to any relevant pipe, and
b
for any other expenses, loss, damages, penalty or costs incurred by the undertakers,
by reason or in consequence of the execution, maintenance, user or failure of any of the works authorised by this Order or otherwise by reason or in consequence of the exercise by the Company of the powers of this Order.
8
Nothing in the foregoing paragraph shall entitle the undertakers to any payment in respect of damage attributable to the neglect or default of the undertakers, their servants or agents.
9
Nothing in this Order shall prejudice or affect the rights of the undertakers in respect of any relevant pipe or the provisions of any agreement regulating the relationship between the Company and the undertakers with regard to any relevant pipe and whether made before or after this Order comes into force.
10
The provisions of the Railways Clauses Consolidation Act 1845 applied by this Order shall be subject to the provisions of this article.
11
Any difference arising between the Company and the undertakers under this article 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
A. S. D. Whybrow
Head of Traffic Policy Division
Department of Transport
21st January 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1997 and shall come into force on 7th April 1997.
2
In these Regulations “the principal Regulations” means the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 .
Amendment of the principal Regulations
2
After regulation 10 of the principal Regulations there shall be inserted the following regulation —
Detention or guardianship after absence without leave for more than 28 days
10A
Any report for the purposes of section 21B(2) (authority for detention or guardianship of patients who are taken into custody or return after more than 28 days) —
a
in relation to a patient who is liable to be detained, shall be in the form set out in Part I of Form 31A; and
b
in relation to a patient who is subject to guardianship, shall be in the form set out in Part I of Form 31B
and the receipt of that report shall be recorded by the managers of the hospital in which the patient is liable to be detained or, as the case may be, the responsible local social services authority in the form set out in Part II of Form 31A or, as the case may be, 31B.
.
Amendment of Schedule 1 to the principal Regulations
3
In Schedule 1 to the principal Regulations (forms for use in connection with compulsory admission to hospital, guardianship and consent to treatment) after Form 31 there shall be inserted the Forms 31A and 31B set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Health.
Simon Burns
Parliamentary Under Secretary of State
Department of Health
13th March 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Confined Spaces Regulations 1997 and shall come into force on 28th January 1998.
2
In these Regulations, unless the context otherwise requires —
“confined space” means any place, including any chamber, tank, vat, silo, pit, trench, pipe, sewer, flue, well or other similar space in which, by virtue of its enclosed nature, there arises a reasonably foreseeable specified risk;
“diving operation” has the meaning assigned thereto by regulation 2(1) of the Diving Operations at Work Regulations 1981 ;
“free flowing solid” means any substance consisting of solid particles and which is of, or is capable of being in, a flowing or running consistency, and includes flour, grain, sugar, sand or other similar material;
“mine” has the meaning assigned thereto by section 180 of the Mines and Quarries Act 1954 ;
“specified risk” means a risk of —
serious injury to any person at work arising from a fire or explosion;
without prejudice to paragraph (a) —
the loss of consciousness of any person at work arising from an increase in body temperature;
the loss of consciousness or asphyxiation of any person at work arising from gas, fume, vapour or the lack of oxygen;
the drowning of any person at work arising from an increase in the level of a liquid; or
the asphyxiation of any person at work arising from a free flowing solid or the inability to reach a respirable environment due to entrapment by a free flowing solid;
“system of work” includes the provision of suitable equipment which is in good working order.
Disapplication of Regulations
2
These Regulations shall not apply to or in relation to —
a
the master or crew of a sea-going ship or to the employer of such persons in respect of the normal ship-board activities carried out solely by a ship’s crew under the direction of the master; or
b
any place below ground in a mine; or
c
any diving operation to and in relation to which the Diving Operations at Work Regulations 1981 apply by virtue of regulation 3 of those Regulations.
Duties
3
1
Every employer shall —
a
ensure compliance with the provisions of these Regulations in respect of any work carried out by his employees; and
b
ensure compliance, so far as is reasonably practicable, with the provisions of these Regulations in respect of any work carried out by persons other than his employees insofar as the provisions relate to matters which are within his control.
2
Every self-employed person shall —
a
comply with the provisions of these Regulations in respect of his own work; and
b
ensure compliance, so far as is reasonably practicable, with the provisions of these Regulations in respect of any work carried out by other persons insofar as the provisions relate to matters which are within his control.
Work in confined spaces
4
1
No person at work shall enter a confined space to carry out work for any purpose unless it is not reasonably practicable to achieve that purpose without such entry.
2
Without prejudice to paragraph (1) above, so far as is reasonably practicable, no person at work shall enter or carry out any work in or (other than as a result of an emergency) leave a confined space otherwise than in accordance with a system of work which, in relation to any relevant specified risks, renders that work safe and without risks to health.
Emergency arrangements
5
1
Without prejudice to regulation 4 of these Regulations, no person at work shall enter or carry out work in a confined space unless there have been prepared in respect of that confined space suitable and sufficient arrangements for the rescue of persons in the event of an emergency, whether or not arising out of a specified risk.
2
Without prejudice to the generality of paragraph (1) above, the arrangements referred to in that paragraph shall not be suitable and sufficient unless —
a
they reduce, so far as is reasonably practicable, the risks to the health and safety of any person required to put the arrangements for rescue into operation; and
b
they require, where the need for resuscitation of any person is a likely consequence of a relevant specified risk, the provision and maintenance of such equipment as is necessary to enable resuscitation procedures to be carried out.
3
Whenever there arises any circumstance to which the arrangements referred to in paragraph (1) above relate, those arrangements, or the relevant part or parts of those arrangements, shall immediately be put into operation.
Exemption certificates
6
1
Subject to paragraph (2) below, the Health and Safety Executive may, by a certificate in writing, exempt —
a
any person or class of persons; or
b
any type or class of confined space,
from the application of any of the requirements or prohibitions imposed by these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the said Executive by a further certificate in writing.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Defence in proceedings
7
1
In any proceedings for an offence for a contravention of regulation 5(3) of these Regulations it shall be a defence for the person charged to prove —
a
that the contravention was due to the act or default of another person not being one of his employees (hereinafter called “the other person”); and
b
that he took all reasonable precautions and exercised all due diligence to avoid the contravention.
2
The person charged shall not, without leave of the court, be entitled to rely on the defence referred to in paragraph (1) above unless, within a period ending seven clear days —
a
before the hearing to determine mode of trial, where the proceedings are in England or Wales; or
b
before the trial, where the proceedings are in Scotland,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.
3
Where a contravention of the provision referred to in paragraph (1) above by any person is due to the act or default of some other person, that other person shall be guilty of the offence which would, but for any defence under this regulation available to the first-mentioned person, be constituted by the act or default.
Extension outside Great Britain
8
These Regulations shall, subject to regulation 2 above, apply to and in relation to the premises and activities outside Great Britain to which sections 1 to 59 and 80 of the 1974 Act apply by virtue of paragraphs (a), (b), (d) and (e) of article 8 of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 1995 as they apply within Great Britain but they shall not apply in any case where at the relevant time article 4, 5, 6 or 7 of the said Order applies.
Repeal and revocations
9
1
Section 30 of the Factories Act 1961 is hereby repealed.
2
The instruments set out in column 1 of the Schedule to these Regulations are hereby revoked to the extent shown in column 3 of the said Schedule.
Signed by authority of the Secretary of State
Angela Eagle
Parliamentary Under Secretary of State,Department of the Environment, Transport and the Regions.
17th July 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) (Standard Interest Rate Amendment) Regulations 1997 and shall come into force on 13th April 1997.
2
These Regulations shall have effect in relation to any particular claimant —
a
in a case where income support is paid to the claimant in arrears in accordance with paragraph 7(1)(i) of Schedule 7 to the Claims and Payments Regulations (date when change of circumstances is to take effect) —
i
from the first day of the benefit week which includes 20th April 1997; or
ii
if the claim for income support is for a period beginning after 20th April 1997, from the first day of the first benefit week commencing after 13th April 1997;
b
in a case where income support is paid to the claimant in advance in accordance with paragraph 7(1)(ii) of Schedule 7 to the Claims and Payments Regulations, from the first day of the first benefit week commencing after 20th April 1997;
and for this purpose, the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
3
In these Regulations, “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 and “the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “6.89 per cent.” there shall be substituted the words “7.20 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) ( No. 3) Regulations 1996
3
The Income Support (General) (Standard Interest Rate Amendment) (No. 3) Regulations 1996 are hereby revoked save that those Regulations shall continue to have effect until the day before the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(2) of these Regulations
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
18th March 1997


text:
Citation and commencement
1
This Order may be cited as the Weald of Kent Community National Health Service Trust Dissolution Order 1997 and shall come into force on 1st April 1997.
Dissolution of NHS trust
2
The Weald of Kent Community National Health Service Trust established by the Weald of Kent Community National Health Service Trust (Establishment) Order 1994 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
24th February 1997


text:
Citation and application
1
This Order may be cited as the Energy Conservation Act 1996 (Commencement No. 3 and Adaptations) Order 1997 and applies to England and Wales.
Commencement
2
The Energy Conservation Act 1996 as respects energy conservation authorities whose areas are in England or Wales shall come into force —
a
on 14th January 1997 for the purposes of sections 3(1) and 4(1) and (2) of the Home Energy Conservation Act 1995 (power of Secretary of State to give directions and guidance); and
b
on 1st April 1997 for all other purposes.
Adaptation
3
1
The Home Energy Conservation Act 1995 is adapted in accordance with the following provisions of this article.
2
In section 2 (energy conservation reports), —
a
at the beginning of subsection (1) insert “Subject to subsection (7),”; and
b
at the end of the section add —
7
An energy conservation authority may prepare a report on houses in multiple occupation or house-boats which is separate from the report on other residential accommodation..
3
In section 3 (functions of the Secretary of State in relation to reports), after “different areas” insert “; and may set different dates for reports on houses in multiple occupation or house-boats or reports on other residential accommodation.”
Signed by the authority of the Secretary of State
Robert Jones
Minister of State,
Department of the Environment
13th January 1997


text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Oil Pollution) (Anguilla) Order 1997 and shall come into force on 30th November 1997.
Implementation of the Liability and Fund Conventions
2
Sections 152 to 170 and 172 to 181 of, and Schedule 5 to, the Merchant Shipping Act 1995, subject to the exceptions, adaptations and modifications specified in the Schedule to this Order, shall extend to the Anguilla, and any instrument made, or to be made, under section 152(2), 157(2), 157(4), 172(2) or 176(5) shall also extend to Anguilla.
Revocation
3
The Merchant Shipping (Oil Pollution) (Anguilla) Order 1983 is hereby revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medical Devices Fees (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
2
In these Regulations, “the principal Regulations ” means the Medical Devices Fees Regulations 1995 .
3
In these Regulations, a reference to a numbered column is a reference to the column bearing that number in the Table set out in the Schedule to the principal Regulations, a reference to a fee number is a reference to the entry bearing that number in column 1 of that Table and a reference to a fee for a specified amount is a reference to the entry for that amount in column 3 of that Table.
Amendment of the Schedule to the principal Regulations
2
In column 3 there shall be substituted for the fee —
a
“£900” where it appears against fee number 1(a), the fee “£2,200”;
b
“£650” where it appears against fee number 1(b), the fee “£1,600”;
c
“£1,300” where it appears against fee number 2(a), the fee “£2,600”;
d
“£400” where it appears against fee number 2(b), the fee “£650”;
e
“£2,700” where it appears against fee number 2(e), the fee “£3,200”;
f
“£1,600” where it appears against fee number 2(e), the fee “£2,600”;
g
“£1,600” where it appears against fee number 2(f), the fee “£2,600”; and
h
“£160” where it appears against fee numbers 2(e) and 2(f), the fee “£185”.
Amendment of regulation 6 of the principal Regulations
3
In regulation 6(1)(a) of the principal Regulations (withdrawals), there shall be substituted for the words “5 days”, the words “7 days”.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under-Secretary of State,
Department of Health
5th March 1997
We consent to the making of these Regulations.
Patrick McLoughlin
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1997


text:
Title and commencement
1
These Regulations may be cited as the Veal (Marketing Payment) Regulations 1997 and shall come into force on 15th August 1997.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the appropriate Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland and Wales, the Secretary of State; and
in relation to Northern Ireland, the Department of Agriculture for Northern Ireland;
“authorised person” means a person (whether or not an officer of the Minister, the Secretary of State or the Department of Agriculture for Northern Ireland) who is authorised by the appropriate Minister, either generally or specially, to act in matters arising under these Regulations;
“carcase” means the whole body of a slaughtered animal after bleeding, and evisceration, removal of the limbs at the carpus and tarsus, removal of the head, tail and udder and flaying;
“holding” has the meaning given by Article 4(a) of Council Regulation ( EEC ) No. 805/68 on the common organisation of the market in beef and veal , as last amended by Council Regulation ( EC ) 2222/96 ;
“movement record”, in relation to a bovine animal, means a record made for the purposes of recording the movement of the animal to or from a holding, and includes any record made pursuant to article 5(1) of the Bovine Animals (Records, Identification and Movement) Order 1995 ;
“payment” means a payment under these Regulations;
“producer” means a producer within the meaning of Article 4a of Council Regulation (EEC) No. 805/68 , as last amended by Council Regulation (EC) 2222/96 ; and
“veal calf” means a bovine animal which is intended for slaughter at an age of less than 12 months.
Payment
3
1
Subject to the following provisions of these Regulations, the appropriate Minister may make a payment to a producer in respect of any veal calf —
a
kept prior to 20th March 1996 on a holding belonging to that producer;
b
either —
i
sold by that producer after 19th March 1996 and before 10th November 1996 for slaughter for human consumption; or
ii
slaughtered by that producer or on his behalf after 19th March 1996 and before 10th November 1996 for sale for human consumption;
c
for which no payment was made under the Beef (Marketing Payment) Regulations 1996 or the Beef (Marketing Payment) (No. 2) Regulations 1996 ; and
d
the carcase of which had, at the date of slaughter, a weight of not less than 80 kilogrammes and not more than 160 kilogrammes.
2
A payment may be made at such time and in such amount as the appropriate Minister may determine.
Applications for payment
4
1
An application for payment shall be in such form, and shall contain such particulars and be accompanied by such documents relating to the application, as the appropriate Minister may require.
2
A producer who applies for payment shall deliver his application to the appropriate Minister by 15th September 1997.
Records
5
A producer shall, in relation to any animal for which he has applied for payment, retain for four years beginning on the date on which an application for that payment was delivered to the appropriate Minister, any account, bill, invoice, movement record, slaughter record, receipt, sales note, voucher or other record relating to that animal.
Powers of authorised persons
6
1
An authorised person may, at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation —
a
for any purpose relating to the processing of an application for payment; or
b
for the purpose of ascertaining whether any offence under these Regulations has been or is being committed.
2
An authorised person may enter any land, other than land used solely as a private dwelling-house, which is, or which he has reasonable cause to believe to be —
a
land currently or formerly occupied by or in the possession of —
i
an applicant for payment; or
ii
a person who holds or who has been the holder of a licence under the Fresh Meat (Hygiene and Inspection) Regulations 1995 , or
b
premises which are or formerly were registered premises or EEC registered premises within the meaning of section 3 of the Agricultural Produce (Meat Regulation and Pig Industry) Act (Northern Ireland) 1962 .
3
An authorised person who has entered any land by virtue of paragraph (2) above may —
a
inspect and count any bovine animals on the land and read the ear-tags of any such animal; and
b
inspect any account, bill, invoice, movement record, slaughter record, receipt, sales note, voucher or other record relating to any veal calf.
4
An authorised person entering any land by virtue of paragraph (2) above may take with him such other persons as he considers necessary.
5
An authorised person may —
a
require any applicant for a payment, or any employee, servant or agent of such a person, to produce any account, bill, invoice, movement record, slaughter record, receipt, sales note, voucher or other record relating to any animal for which an application for payment has been made, and to supply such additional information in that person’s possession, custody or power relating to any such animal as the authorised person may reasonably request;
b
where any account, bill, invoice, movement record, slaughter record, receipt, sales note, voucher or other record relating to any animal for which an application for payment has been made is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with any such records;
c
require that copies of, or extracts from, any account, bill, invoice, movement record, slaughter record, receipt, sales note, voucher or other record relating to any animal for which an application for payment has been made be produced; and
d
seize and retain any such record which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised persons
7
An applicant for payment and any employee, servant or agent of such a person, shall give to an authorised person such assistance as he may reasonably request to enable him to exercise any power conferred by regulation 6.
Recovery of payment
8
Where a payment has been made —
a
in respect of an animal which does not satisfy the requirements of regulation 3; or
b
to a person who, in making the application for payment, or in furnishing any information in connection with the application, has made a statement which is false, misleading or incomplete in any material respect,
the appropriate Minister shall be entitled to recover on demand from the recipient of the payment the whole or any part of the payment.
Rate of interest
9
Except where the appropriate Minister recovers from any applicant a payment or part of a payment paid to that applicant as a result of an error of that Minister, he may charge interest on any payment recovered under regulation 8 at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day to day basis for the period from the date of payment to the date of reimbursement by the applicant.
Offences and penalties
10
1
It shall be an offence for a person —
a
without reasonable excuse, to fail to comply with the provisions of regulation 5;
b
intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 6; or
c
without reasonable excuse, to fail to comply with a request made under regulation 7.
2
It shall be an offence for a person knowingly or recklessly to furnish information which is false or misleading in a material particular —
a
in connection with any requirement imposed under regulation 6; or
b
for the purpose of obtaining for himself or another person the whole or part of any payment.
3
A person guilty of an offence under paragraph (1)(a) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
A person guilty of an offence under paragraph (1)(b) or (c) or (2) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Time limit for prosecutions
11
1
Proceedings for an offence under regulation 10 may, subject to paragraph (2) below, be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.
2
No such proceedings shall be commenced by virtue of this regulation more than four years after the commission of the offence.
3
For the purposes of this regulation —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
4
In relation to proceedings in Scotland, section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
Offences by bodies corporate
12
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and liable to be proceeded against and punished in accordance with regulation 10.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he, as well as the partnership, shall be guilty of the offence and be liable to be proceeded against and punished in accordance with regulation 10.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th August 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
13th August 1997


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Section 7 of the Petroleum (Production) Act 1934 and Section 2(1)(a) of the Petroleum Act 1987 (Modification) Regulations 1997 and shall come into force on 8th December 1997.
2
Nothing in these Regulations affects the law in force in Northern Ireland.
Modification of section 7 of the Petroleum (Production) Act 1934
2
For section 7 of the Petroleum (Production) Act 1934 (power to inspect plans of mines) there shall be substituted the following section —
7
1
For the purpose of ascertaining on behalf of the Secretary of State the position of the workings, actual and prospective, of any mines or abandoned mines through or near which it is proposed to sink any borehole for the purpose of searching for or getting petroleum, any officer appointed by the Secretary of State shall have the same powers with respect to the production and inspection and the taking of copies of relevant documents as may under section 20 of the Health and Safety at Work etc. 1974 be exercised by an inspector acting for the purpose mentioned in subsection (1) of that section.
2
For the purposes of subsection (1) —
a
“relevant documents” means plans, sections, drawings or other similar documents which, by virtue of paragraph 16 of Schedule 3 to that Act of 1974, are required to be kept;
b
“an inspector” means an inspector appointed under section 19 of that Act; and
c
subsections (2) and (3) of section 19 of that Act shall be disregarded.
.
Modification of section 2(1)(a) of the Petroleum Act 1987.
3
In section 2(1)(a) of the Petroleum Act 1987 (persons who may be required to submit abandonment programmes) the words preceding “the person having the management” shall be omitted.
John Battle,
Minister for Science, Energy and Industry,
Department of Trade and Industry
11th November 1997


text:
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Rate of Discount for 1997/98) Regulations 1997 and shall come into force on 1st April 1997.
2
The percentage rate of discount prescribed for the financial year beginning on 1st April 1997 for the purposes of defining “r” in section 49(2) of the Local Government and Housing Act 1989 shall be 8.9 per cent.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
17th February 1997
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
17th February 1997


text:
PART I
General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Assisted Places) (Incidental Expenses) Regulations 1997 and shall come into force on 1st September 1997.
2
In these Regulations any reference to the principal Regulations is a reference to the Education (Assisted Places) Regulations 1997 .
3
Regulations 2 and 3 of the principal Regulations shall apply for the purposes of the interpretation of these Regulations as they apply for the purposes of the interpretation of the principal Regulations.
PART II
Uniform grant
Grant for clothing expenditure
2
1
In this regulation —
“clothing expenditure” in relation to an assisted pupil means expenditure which the school are satisfied —
has been incurred by his parents, or
is about to be incurred by them but which they cannot, without financial hardship, incur in advance of the payment of grant,
on items of uniform and other clothing (including sports clothing) to be worn by him either at school or for the purposes of school activities; and
“uniform grant” in relation to an assisted pupil means a grant payable to his parents in respect of clothing expenditure.
2
This paragraph applies to an assisted pupil in relation to the 1997 — 98 school year where —
a
he is first provided with an assisted place at the beginning of, or in the course of, that school year; and
b
the relevant income does not exceed £11,355.
3
Where paragraph (2) applies to an assisted pupil, the school shall pay uniform grant to his parents of an amount equal to so much of the clothing expenditure incurred in respect of the 1997 — 98 school year as does not exceed —
a
£174 where the relevant income does not exceed £9,969;
b
£130 where that income exceeds £9,969 but does not exceed £10,433;
c
£85 where that income exceeds £10,433 but does not exceed £10,881; and
d
£44 where that income exceeds £10,881 but does not exceed £11,355.
4
Any uniform grant payable pursuant to paragraph (3) in respect of the 1997 — 98 school year may be paid at any time during the period commencing on 1st September 1997 and ending at the end of that school year.
5
This paragraph applies to an assisted pupil in relation to any school year where the relevant income does not exceed £10,881, unless (in the case of the 1997 — 98 school year) grant is payable to his parents under paragraph (3) in respect of that year.
6
Where paragraph (5) applies to an assisted pupil in relation to any school year, the school shall pay uniform grant to his parents of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) incurred in respect of that year as does not exceed —
a
£65 where the relevant income does not exceed £10,135; and
b
£34 where that income exceeds £10,135 but does not exceed £10,881.
PART III
Travel grant
Interpretation
3
In this Part —
“school travel expenditure” in relation to an assisted pupil means, subject to regulations 5 to 8, the aggregate expenses incurred by him or on his behalf in respect of his journeys to and from the school —
by public transport, that is to say, by train, bus, boat, hovercraft or air services available to the public;
by transport provided pursuant to arrangements which, at the request of the school, are for the time being approved by the Secretary of State; or
by transport provided by a local education authority; and
“travel grant” in relation to an assisted pupil means grant determined in accordance with regulation 4 and payable by a school pursuant to any of regulations 5 to 8 in respect of school travel expenditure.
Determination and payment of travel grant
4
1
Travel grant shall be determined in accordance with paragraphs (2) to (4) and may be paid on account in accordance with paragraph (5).
2
The amount, if any, of travel grant for a school year payable in the case of an assisted pupil shall, subject to regulations 5 to 8, be determined by reference to —
a
the school travel expenditure incurred in that year, and
b
the relevant income as regards that pupil.
3
Where the relevant income does not exceed £10,148, travel grant shall be of an amount equal to that of the school travel expenditure to which it relates.
4
Where the relevant income exceeds £10,148, travel grant shall be of the amount, if any, by which the school travel expenditure to which it relates exceeds an amount (rounded down to the nearest multiple of £3) equal to one-twelfth of that part of the relevant income which exceeds £9,969.
5
A school may, in the course of or immediately before a school year, make payments on account of travel grant which, it appears to them, will be payable for that year; but where payments on account are made then, within three months of the final determination of the amount (if any) of the grant, any over-payment or under-payment of grant for the year in question shall be adjusted by payments between the parents and the school.
Travel grant — boarding pupils
5
1
This regulation applies in the case of an assisted pupil who is a boarder at a school (other than a weekly boarder).
2
Subject to paragraph (3), the school shall, in respect of each school year, pay travel grant to the parents of an assisted pupil attending the school in relation to school travel expenditure reasonably incurred in respect of journeys made by the pupil in that year to or from his home or to visit a parent or guardian or other relative.
3
The school shall not pay travel grant in respect of more than 12 single journeys by an assisted pupil, either to or from the school, in any school year, and in calculating the school travel expenditure —
a
where a pupil’s expenses are in respect of journeys made by public transport and exceed the expenses that would have been incurred if advantage had been taken of available arrangements for reduced or concessionary fares, the excess shall be disregarded;
b
where a pupil’s expenses are in respect of journeys by air and exceed the expenses that would have been incurred if advantage had been taken of —
i
available train, boat or hovercraft services, and
ii
any available arrangements for reduced or concessionary fares in relation to such services, the excess shall be disregarded;
c
where the pupil visits a place other than his home, and his expenses exceed the amount which they would have been if the visit had been to his home, the excess shall be disregarded; and
d
where a visit is to a place outside the British Islands, so much of the expenses as are in respect of a journey between a port, hoverport, airport or Channel Tunnel terminal within the British Islands and that place shall be disregarded.
4
In paragraph (3)(d) “Channel Tunnel terminal” means any place where an assisted pupil boards a train or bus which goes through the Channel Tunnel.
Travel grant — weekly boarding pupils
6
1
This regulation applies in the case of an assisted pupil who is a weekly boarder at a school.
2
Where the school is not within walking distance of the pupil’s home, the school shall, in each school year and subject to paragraph (3), pay travel grant to the parents of the pupil in relation to school travel expenditure reasonably incurred in respect of journeys made by the pupil between home and school in that year.
3
In calculating the school travel expenditure —
a
where a pupil’s expenses are in respect of journeys in excess of 80 kilometres each way by such transport as is mentioned in regulation 3, the school shall take into account only the following proportion of the expenses, that is the proportion that 80 kilometres bears to the length in kilometres of the journey in question; and
b
where a pupil’s expenses are in respect of journeys by public transport and exceed the expenses that would have been incurred if advantage had been taken of available arrangements for season tickets or reduced or concessionary fares, the excess shall be disregarded.
4
In this regulation and in regulation 7, “walking distance” means —
a
in relation to a pupil who has not attained the age of 8 years, 3.2 kilometres, and
b
in relation to a pupil who has attained that age, 4.8 kilometres,
in each case measured by the nearest available route.
Travel grant — day pupils
7
1
This regulation applies in the case of an assisted pupil who is a day pupil at a school.
2
Where the school is not within walking distance of the pupil’s home, the school shall, in respect of each school year and subject to paragraph (3), pay travel grant to the parents of the pupil in relation to school travel expenditure reasonably incurred in respect of journeys made by the pupil between home and school in that year.
3
In calculating the school travel expenditure,
a
where a pupil’s expenses are in respect of journeys in excess of 40 kilometres each way by such transport as is mentioned in regulation 3 the school shall take into account only the following proportion of the expenses, that is the proportion that 40 kilometres bears to the length in kilometres of the journey in question; and
b
where a pupil’s expenses are in respect of journeys by public transport and exceed the expenses that would have been incurred if advantage had been taken of available arrangements for season tickets or reduced or concessionary fares, the excess shall be disregarded.
Travel grant — visits to universities etc.
8
1
Subject to paragraph (2), a school shall pay travel grant to the parents of an assisted pupil in respect of school travel expenditure reasonably incurred in relation to journeys made by the pupil in the school year within the British Islands for the purpose of visiting an institution of higher or further education at the invitation of the institution with a view to being admitted there for the purpose of further or higher education.
2
A school shall not pay grant in respect of more than three such journeys from the school or from the pupil’s home to such an institution and three journeys from an institution to the school or to the pupil’s home in any school year.
PART IV
School meals
Remission of charges for school meals
9
1
This regulation applies to an assisted pupil who is a day pupil where his parents satisfy the school at any time during —
a
a school year, or
b
the month preceding the beginning of a school year (including, in relation to the 1997 — 98 school year, any part of that period which falls before the commencement of these Regulations),
that they are in receipt of a relevant benefit.
2
A school shall remit the whole of any charges which they would otherwise make for meals provided for a pupil to whom this regulation applies —
a
for the whole of a school year, where they are satisfied as mentioned in paragraph (1) at or before the beginning of that year, or
b
for the remainder of that school year, where they are satisfied as mentioned in paragraph (1) in the course of that year,
irrespective of whether the parents may subsequently cease to be in receipt of a relevant benefit.
3
In this regulation, “relevant benefit” means —
a
income support under Part VII of the Social Security Contributions and Benefits Act 1992 , or
b
an income-based jobseeker’s allowance under Part I of the Jobseekers Act 1995 .
PART V
Field study courses
Remission of charges for field study courses
10
1
In this regulation “field study course” means a course of field study (provided by the school or otherwise) which forms part of a normal course of study at a school for the examinations for the General Certificate of Secondary Education, the advanced level examinations for the General Certificate of Education or other examinations comparable to any of them, being examinations in —
a
biology,
b
botany,
c
geography,
d
geology,
e
modern languages at advanced level,
f
theatre studies,
g
zoology, or
h
any other subject approved for the purposes of this regulation by the Secretary of State,
and a reference to a relevant examination shall be construed accordingly.
2
A school shall remit the whole of any charges they would otherwise make in respect of the participation in a field study course of an assisted pupil if —
a
he is a candidate or a prospective candidate for a relevant examination, and
b
his parents are entitled, under regulation 16 of the principal Regulations, to remission of fees, in whole or in part, for the school year in which the course is held.
PART VI
Miscellaneous provisions
Determination of grant entitlement under Parts II and III
11
1
Paragraph (2) shall have effect for the purposes of determining questions as to whether or not the parents of an assisted pupil are entitled in or for any school year to —
a
uniform grant under Part II, or
b
travel grant under Part III,
and, if they are so entitled, the amount of such grant.
2
Regulations 9, 10, 12, 13, 14(1) and 15 of the principal Regulations and Schedule 1 thereto shall apply for the purposes of these Regulations as if any reference therein —
a
to the remission of fees, were a reference to the payment of a grant mentioned in paragraph (1), and
b
to remission questions were a reference to the questions so mentioned.
Restriction on payment of grant and remission of charges
12
1
This paragraph applies to an assisted pupil attending a school —
a
at which he was a registered pupil in the 1996 — 97 school year, but
b
at which he did not hold an assisted place for the purposes of the assisted places scheme at any time during that year.
2
In the case of a pupil to whom paragraph (1) applies —
a
no grant (except grant paid in accordance with regulation 2(4) or 4(5)) shall be paid to his parents under Part II or III in respect of expenditure incurred before the date on which he was first provided with an assisted place under section 2(1) of the 1997 Act, and
b
no charges incurred before that date shall be remitted under Part IV or V.
3
The parents of an assisted pupil shall not be entitled to —
a
any grant under Part II or III in respect of expenditure incurred in, or relating to, any period in respect of which they are, by virtue of regulation 11(1) or (2) of the principal Regulations, not entitled to any remission of fees; or
b
remission of charges under Part IV or V for which they are liable in respect of such a period.
Reimbursement of schools
13
1
The Secretary of State shall reimburse a school the aggregate amount of all grant paid or charges remitted in accordance with these Regulations.
2
Regulations 17 and 18(3) to (5) of the principal Regulations shall apply for the purposes of this regulation as if any reference therein to fees remitted were a reference to grant paid or charges remitted in accordance with these Regulations.
Time limits and forms
14
The Secretary of State may specify for the purposes of these Regulations the time by which, and the manner and form in which, the parents of an assisted pupil are —
a
to apply to a school for payment of grant or remission of charges, and
b
to furnish a school with the information requisite for determining whether they are entitled to any payment of grant or remission of charges.
Stephen Byers
Minister of State,
Department for Education and Employment
4th August 1997
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
7th August 1997


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Haringey) (Amendment) Order 1997 and shall come into force on 2nd February 1997.
Amendment of the Road Traffic (Special Parking Area) (London Borough of Haringey) Order 1994
2
The Schedule to the Road Traffic (Special Parking Area) (London Borough of Haringey) Order 1994 shall be amended in accordance with the Schedule to this Order.
Signed by authority of the Secretary of State
Glenda Jackson
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
19th December 1997