text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Banking Act 1987 (Exempt Transactions) Regulations 1997, and shall come into force on 3rd April 1997.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Banking Act 1987;
“Approved Organisation” means an exchange or association not in an EEA State which meets criteria agreed between the Securities and Investments Board and the Stock Exchange and is included in a list maintained by the Stock Exchange for the purposes of the Rules of the Stock Exchange ;
“authorised institution” means an institution authorised under the Act;
“certified translation” means a translation certified to be a correct translation in the manner prescribed in regulation 6 of the Companies (Forms) Regulations 1985 or in regulation 6 of the Companies (Forms) (Northern Ireland) Regulations 1986 ;
“commercial paper” means a debt security which must be redeemed before the first anniversary of the date of issue;
“company” means a body corporate, including a body corporate constituted under the law of a country or territory outside the United Kingdom;
“competent authority” in relation to another EEA State, means an authority appointed by that State pursuant to Article 18 of Council Directive No. 80/390/ EEC to approve listing particulars or a body competent pursuant to Articles 7, 8 and 12 of Council Directive No. 89/298/EEC to approve prospectuses;
“debt security” includes bonds, notes, debentures and debenture stock;
“deposit”, except in the expressions “pre-contract deposit” and “deposit fund”, shall be construed in accordance with section 5 of the Act ;
“EEA Exchange” means an exchange in an EEA State other than the United Kingdom on which securities may be officially listed in accordance with Council Directive No. 80/390/EEC ;
“EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“European authorised institution” and “European institution” have the meaning given by regulation 3 of the Banking Coordination (Second Council Directive) Regulations 1992 ;
“European investment firm” has the meaning given by regulation 3 of the Investment Services Regulations 1995 ;
“exempt transaction” shall be construed in accordance with regulation 2 below;
“home-regulated investment business”, in relation to a European institution, has the meaning given by regulation 2 of the Banking Coordination (Second Council Directive) Regulations 1992 and in relation to a European investment firm, has the meaning given by regulation 2 of the Investment Services Regulations 1995;
“industrial and provident society” means a society registered or deemed to be registered under the Industrial and Provident Societies Act 1965 or under the Industrial and Provident Societies Act (Northern Ireland) 1969 but does not include a credit union within the meaning of the Credit Unions Act 1979 or the Credit Unions (Northern Ireland) Order 1985 ;
“the listing rules” means any rules made pursuant to section 142(6) of the Financial Services Act 1986 ;
“longer term debt security” means a debt security which may not be redeemed in whole or in part until the third anniversary of the date of issue;
“net assets” has the meaning ascribed to it by section 264(2) of the Companies Act 1985 ;
“the Official List” means the Official List of the Stock Exchange;
“recognised European document” has the meaning given by paragraph 2 of Schedule 4 to the Public Offers of Securities Regulations 1995 ;
“redemption value”, in relation to any debt security, means the amount of principal which is payable upon redemption of that security;
“relevant debt security” means a debt security which is commercial paper, a shorter term debt security or a longer term debt security;
“relevant information” means —
for debt securities falling within regulation 13(4)(b) below which are not issued as part of a programme —
either of the following documents —
the listing particulars and any supplement to it approved by a competent authority in accordance with Council Directive No. 80/390/EEC ; or
the public offer prospectus and any supplement to it approved by a competent authority in accordance with Council Directive No. 89/298/EEC and recognised as listing particulars in the EEA State where the application for admission to official listing of the debt securities was made; and
any other document required to be published as a condition of or by virtue of the admission to official listing of such debt securities under the rules of the EEA Exchange or by the relevant regulatory body in the EEA State where the official listing is sought or obtained; and
such of the following additional information as is not included in the listing particulars or the public offer prospectus for such debt securities —
a summary of the tax treatment relevant to United Kingdom resident holders of the debt securities;
the names and addresses of the paying agents for the debt securities in the United Kingdom (if any); and
a statement of how notice of meetings and other notices from the issuer of the debt securities will be given to United Kingdom resident holders of the debt securities; or
for debt securities falling with regulation 13(4)(b) below which are issued as part of a programme —
either of the documents referred to in sub-paragraph (i) of paragraph (a) above in relation to the programme, to any previous issues made under it listed on the same EEA Exchange and to the current issue approved in any event not more than one year before the date when the acceptance of the deposit intended to be an exempt transaction under regulation 13(3) below is proposed;
any other document required to be published as a condition of or by virtue of the admission to official listing of the programme, of any previous issues made under it listed on the same EEA Exchange or of the current issue under the rules of the EEA Exchange or by the relevant regulatory body in the EEA State where the listing is sought or obtained and published in any event not more than one year before the date when acceptance of the deposit intended to be an exempt transaction under regulation 13(3) below is proposed; and
any information referred to in sub-paragraph (iii) of paragraph (a) above which is not included in the listing particulars, public offer prospectus or any pricing supplement for the current issue; or
for debt securities and shares falling within regulation 13(2)(b) or (4)(d) below and for debt securities and shares issued by a company described in regulation 13(2)(d)(ii) below —
either of the following documents —
the listing particulars and any supplement to it approved by a competent authority in accordance with Council Directive No. 80/390/EEC ; or
the public offer prospectus and any supplement to it approved by a competent authority in accordance with Council Directive No. 89/298/EEC and recognised as listing particulars in the EEA State in which the application for admission to official listing of the debt securities or shares was made; and
any other document required to be published as a condition of or by virtue of the admission to official listing of such debt securities or shares under the rules of the EEA Exchange or by the relevant regulatory body in the EEA State where the official listing is obtained and published in any event not more than two years before the date when the acceptance of the deposit intended to be an exempt transaction under regulation 13(1) or (3) below is proposed; and
for debt securities and shares falling within regulation 13(2)(b) or (4)(d) below, for debt securities and shares issued by a company described in regulation 13(2)(d)(ii) below and for debt securities falling within regulation 13(4)(b) below —
a description of any partial exemption or partial derogation granted pursuant to Council Directive No. 80/390/EEC or to Council Directive No. 89/298/EEC by the competent authority responsible for approving the listing particulars or, as the case may be, the public offer prospectus; and
a certified translation of any document referred to in paragraph (a), (b) or (c) above or in sub-paragraph (i) of this paragraph which is not in English;
“relevant regulatory body” means the body in another EEA State which regulates an EEA Exchange in that State or which regulates offers or issues of shares or debt securities to be traded on such an exchange;
“selling document” means any prospectus or listing particulars or supplements thereto, any information memorandum, offering circular and pricing supplement and any other similar document produced in connection with the issue of relevant debt securities;
“shorter term debt security” means a debt security which may not be redeemed in whole or in part until the first anniversary of the date of issue and which must be redeemed before the third anniversary of the date of issue;
“the Stock Exchange” means the London Stock Exchange Limited;
“subsidiary” and “wholly-owned subsidiary” shall be construed in accordance with section 736 of the Companies Act 1985 ; and
“successor” in relation to a body, means any company in which property, rights and liabilities of the body shall have become vested by virtue of an Act.
Exempt transactions
2
The transactions referred to in the following regulations are prescribed for the purposes of section 4(4) of the Act as transactions to which the prohibition in section 3 of the Act on the acceptance of a deposit does not apply. Such transactions are referred to in these Regulations as “exempt transactions”.
Charities
3
1
The acceptance by a charity of a deposit is an exempt transaction if —
a
the deposit is made by another charity, or
b
there is payable in respect of the deposit neither interest nor a premium.
2
In this regulation “charity” means any institution, trust or undertaking, whether corporate or not, which is established solely for charitable purposes, and in the application of this regulation to Scotland “charitable” shall be construed in the same way as in the Income Tax Acts.
Church deposit funds
4
1
The acceptance by the Central Board of Finance of the Church of England of a deposit in the course of administering a deposit fund within the meaning of paragraph 1 of the scheme contained in the Schedule to the Church Funds Investment Measure 1958 is an exempt transaction.
2
The acceptance by the Central Finance Board of the Methodist Church of a deposit in the course of administering a deposit fund within the meaning of paragraph 1 of the scheme contained in the First Schedule to the Methodist Church Funds Act 1960 is an exempt transaction.
Industrial and provident societies
5
The acceptance by an industrial and provident society of a deposit in the form of withdrawable share capital is an exempt transaction.
Agricultural, forestry and fisheries associations
6
1
Without prejudice to regulation 5, the acceptance by an association to which section 33 of the Restrictive Trade Practices Act 1976 applies of a deposit by a member of that association is an exempt transaction.
2
The reference in paragraph (1) above to a member of an association to which section 33 of the Restrictive Trade Practices Act 1976 applies includes a reference to —
a
a member of any such association which is a member of that association; and
b
a prospective member, provided that the deposit is made in order to qualify him for membership of the association.
Retail and other co-operative societies
7
1
Without prejudice to regulation 5, the acceptance by a co-operative society of a deposit is an exempt transaction if the society fulfils the requirements of paragraph (2) below and the deposit is not taken in breach of the society’s obligations under the Scheme.
2
The requirements of this paragraph are —
a
that the society is an industrial and provident society;
b
that either —
i
the principal business of the society is the sale by retail of goods for the domestic or personal use of individuals dealing with the society, or the provision of services for such individuals; or
ii
at least seventy-five per cent. of the votes which may be cast to determine the conduct of the society’s affairs and at least ninety per cent. of its shares by reference to their nominal value are held by qualifying shareholders; or
iii
the principal business of the society is the sale of goods or the provision of services to societies fulfilling the requirements of paragraph (i) above; and
c
the society participates in the Scheme and accordingly is a Participating Society within the meaning of clause 2(4) thereof.
3
In this regulation —
a
references to the Scheme are to the Scheme constituted by deed dated the 29th February 1980 between the Co-operative Union Limited of the one part and the Co-operative Bank Limited of the other part (as amended by qualifying resolutions of Participating Societies (as therein defined) dated 29th May 1989 and 15th January 1997) the provisions of which are set out in Schedule 1 to these Regulations, and such references do not include references to the Scheme as subsequently amended or varied;
b
the reference to qualifying shareholders is to industrial and provident societies which have the principal business described in paragraph (2)(b)(i) of this regulation and societies which are registered within the meaning of the Friendly Societies Act 1974 or are registered and incorporated within the meaning of the Friendly Societies Act 1992 .
Solicitors
8
1
The acceptance by a practising solicitor in the course of his profession of a deposit is an exempt transaction.
2
In this regulation “practising solicitor” means a solicitor who is qualified to act as such under section 1 of the Solicitors Act 1974 , article 4 of the Solicitors (Northern Ireland) Order 1976 or section 4 of the Solicitors (Scotland) Act 1980 , and in Scotland includes a firm of practising solicitors.
Deposits accepted in the course of estate agency work
9
1
The acceptance in the course of estate agency work of a deposit which is a pre-contract deposit is an exempt transaction.
2
In this regulation “estate agency work” has the meaning assigned to it by section 1(1) of the Estate Agents Act 1979 , and “pre-contract deposit” has the meaning assigned to it by section 12(3) of that Act.
Certain public undertakings
10
1
Subject to paragraph (2) below, the acceptance by a body listed in Schedule 2 to these Regulations of a deposit made by another such body is an exempt transaction.
2
Paragraph (1) above shall apply to a successor only so long as each of its issued shares is held by, or by a nominee of, the Treasury or the Secretary of State.
Student Loans Company Limited
11
1
The acceptance by Student Loans Company Limited of a deposit made by a government department is an exempt transaction if the deposit is accepted in furtherance of arrangements made by the Secretary of State under the Education (Student Loans) Act 1990 , or by the Department of Education for Northern Ireland under the Education (Student Loans) (Northern Ireland) Order 1990 , for enabling eligible students to receive loans towards their maintenance.
2
In this regulation “eligible students” has the meaning ascribed to it by sections 1(2) of the Education (Student Loans) Act 1990 or, as the case may be, Article 3(2) of the Education (Student Loans) (Northern Ireland) Order 1990.
The National Children’s Charities Fund
12
The acceptance by The National Children’s Charities Fund of a deposit is an exempt transaction if the deposit is accepted on terms that no interest or premium shall be payable in respect thereof unless the total amount of deposits by that person with The National Children’s Charities Fund exceeds £10,000.
Relevant debt securities
13
1
The acceptance of a deposit by a person (not being a body to which regulation 10(1) above applies) on terms involving the issue of commercial paper is an exempt transaction if the requirements in paragraph (2) below and in paragraphs (1), (2) and (5) of regulation 14 below are met.
2
The requirements to be met under this paragraph are —
a
shares or debt securities issued by the person accepting the deposit, being a company with adequate net assets, have been admitted to the Official List; or
b
shares or debt securities issued by the person accepting the deposit, being a company with adequate net assets, have been admitted to official listing on an EEA Exchange and relevant information in connection with such shares or debt securities has been lodged by the issuing company with the Stock Exchange; or
c
debt securities issued by the person accepting the deposit, being the government of any country or territory, or a public authority, outside the United Kingdom, have been admitted to trading on the Stock Exchange, to the Official List, to trading or official listing on an EEA Exchange or to trading or listing on an Approved Organisation; or
d
the commercial paper issued in relation to the acceptance of the deposit is the subject of a guarantee to the holder of the repayment of the principal and the payment of any interest or premium in connection therewith from —
i
a company with adequate net assets the shares or debt securities of which have been admitted to the Official List; or
ii
a company with adequate net assets the shares or debt securities of which have been admitted to official listing on an EEA Exchange and which has lodged the relevant information in connection with those shares or debt securities with the Stock Exchange; or
iii
the government of any country or territory outside the United Kingdom the debt securities of which have been admitted to trading on the Stock Exchange, to the Official List, to trading or official listing on an EEA Exchange or to trading or listing on an Approved Organisation; or
iv
an authorised institution; or
v
a European authorised institution.
3
The acceptance of a deposit by a person (not being a body to which regulation 10(1) above applies) on terms involving the issue of shorter term or longer term debt securities is an exempt transaction if the requirements in paragraph (4) below and the applicable requirements in regulation 14 below are met.
4
The requirements to be met under this paragraph are —
a
the debt securities issued in relation to the acceptance of the deposit have been the subject of an application for admission to the Official List in respect of which listing particulars or a prospectus have been published as required under section 144(2A) or (2) of the Financial Services Act 1986 , or have been admitted to the Official List, and the person accepting the deposit is a person of any description; or
b
the debt securities issued in relation to the acceptance of the deposit have been the subject of an application for official listing on an EEA Exchange in respect of which listing particulars or a public offer prospectus have been published in accordance with Council Directive No. 80/390/EEC or Council Directive No. 89/298/EEC , or have been admitted to official listing on such an exchange, and the person accepting the deposit is a person of any description who has lodged with the Stock Exchange the relevant information in connection with those debt securities; or
c
debt securities issued otherwise than in relation to the acceptance of the deposit, or shares, have been issued by the person accepting the deposit, being a company with adequate net assets, and admitted to the Official List; or
d
debt securities issued otherwise than in relation to the acceptance of the deposit, or shares, have been issued by the person accepting the deposit, being a company with adequate net assets, and admitted to official listing on an EEA Exchange, and that person has lodged with the Stock Exchange the relevant information in connection with those shares or debt securities; or
e
the debt securities issued in relation to the acceptance of the deposit —
i
have been the subject of an application for admission to trading on the Stock Exchange in respect of which an offering document equivalent to listing particulars or a prospectus has been published as required by the rules of the Stock Exchange governing admission to trading or have been the subject of an application for admission to the Official List in respect of which listing particulars, a prospectus or an equivalent offering document have been published as required under section 144(2A) or (2) of the Financial Services Act 1986; or
ii
have been admitted to trading on the Stock Exchange or to the Official List; or
iii
have been the subject of an application for admission to trading on an EEA Exchange in respect of which an offering document equivalent to listing particulars or a public offer prospectus has been published in accordance with the relevant rules or have been the subject of an application for official listing on an EEA Exchange in respect of which listing particulars or a public offer prospectus have been published in accordance with Council Directive No. 80/390/EEC or Council Directive No. 89/298/EEC or in respect of which an equivalent offering document has been published in accordance with the relevant rules; or
iv
have been admitted to trading or official listing on an EEA Exchange or to trading or listing on an Approved Organisation; and
the person accepting the deposit is the government of any country or territory, or a public authority, outside the United Kingdom; or
f
debt securities issued otherwise than in relation to the acceptance of the deposit have been admitted to trading on the Stock Exchange or to the Official List, to trading or official listing on an EEA Exchange or to trading or listing on an Approved Organisation and the person accepting the deposit is the government of any country or territory, or a public authority, outside the United Kingdom; or
g
the debt securities issued in relation to the acceptance of the deposit are the subject of a guarantee to the holder of the repayment of the principal and the payment of any interest or premium in connection therewith from any of the persons described in sub-paragraph (d) of paragraph (2) above who meets the criteria set out there.
5
The references in this regulation to debt securities which have been the subject of an application for admission to trading on the Stock Exchange, to the Official List or to trading or official listing on an EEA Exchange relate to debt securities in respect of which the application for admission to trading or official listing has not been rejected or withdrawn.
6
The references in this regulation to shares or debt securities admitted to trading on the Stock Exchange or to the Official List, to trading or official listing on an EEA Exchange or to trading or listing on an Approved Organisation relate —
a
as to admission to trading, to debt securities which remain admitted to trading and are not the subject of a notice issued by the Stock Exchange, or, as the case may be, of official action taken in accordance with the rules of the EEA Exchange or the Approved Organisation cancelling or suspending the admission to trading or suspending dealings; or
b
as to admission to listing or official listing, to shares or debt securities which remain listed and are not the subject of a notice issued by the Stock Exchange, or, as the case may be, of official action taken in accordance with the rules of the EEA Exchange or the Approved Organisation cancelling or suspending the listing or suspending dealings.
7
For the purposes of this regulation a company has adequate net assets if its net assets were shown in its last audited individual or group accounts (as the case may be) to be not less than £25 million (or an amount of equivalent value denominated wholly or partly otherwise than in sterling).
8
Where different issues of shares or debt securities of a company have been admitted to listing on an EEA Exchange, the obligations in paragraphs (2)(b) and (d)(ii) and (4)(d) and (g) above to lodge relevant information shall only apply to the information in connection with the shares or debt securities most recently admitted to listing, and where both shares and debt securities have been admitted to listing, such obligations shall only apply to the information in connection with the type of instrument most recently admitted to listing.
9
Where more than one of the sub-paragraphs in paragraph (2) or (4) above applies in relation to the acceptance of a deposit involving the issue of relevant debt securities, the person accepting the deposit may choose which such sub-paragraph the debt securities are to be treated as falling within for the purpose of complying with the obligations in this regulation and in regulation 14 below.
10
Where a recognised European document has been submitted to the competent authority for the purposes of Part IV of the Financial Services Act 1986 pursuant to an application for listing under section 143 of that Act in relation to shares or debt securities falling within paragraph (2)(b) or (4)(b) or (d) above or in relation to shares or debt securities issued by a company described in paragraph (2)(d)(ii) above and such document has been published as required under section 144(2A) or (2) of that Act, the requirements in those paragraphs and in paragraph (4)(g) above concerning the lodging of relevant information shall be treated as having been complied with in connection with such shares or debt securities in so far as they relate to listing particulars, a public offer prospectus, any relevant supplement or any other document required to be published as a condition of admission to official listing.
11
In paragraph (4)(e)(iii) above “the relevant rules” has the meaning given in regulation 14(9)(b) below.
Requirements applying to relevant debt securities
14
1
Where a relevant debt security issued in relation to the acceptance of a deposit is intended to be an exempt transaction under regulation 13(1) or (3) above and in the latter case the requirements in regulation 13(4)(c), (d), (f) or (g) above apply, the relevant debt security shall meet the following requirements —
a
a single debt security shall be issued in consideration of the acceptance of the deposit, in the form of commercial paper or, as the case may be, a shorter term debt security or a longer term debt security; and
b
the redemption value of the relevant debt security shall be not less than £100,000 (or an amount of equivalent value denominated wholly or partly otherwise than in sterling); and
c
the whole or part of the relevant debt security may be transferred only if the redemption value of each such debt security or of the part of it being transferred is not less than £100,000 (or an amount of equivalent value denominated wholly or partly otherwise than in sterling).
2
The person accepting a deposit on terms involving the issue of a relevant debt security intended to be an exempt transaction under regulation 13(1) or (3) above shall make arrangements with the Stock Exchange for it to make available to the public all the relevant information lodged with it under regulation 13(2) or (4) above by such person and such arrangements shall be in force when any such deposit is accepted.
3
Where the acceptance of a deposit intended to be an exempt transaction under regulation 13(3) above will involve the issue as part of a programme of shorter term or longer term debt securities falling within regulation 13(4)(b) above, all the relevant information required to be lodged with the Stock Exchange as provided in regulation 13(4)(b) above by the person accepting the deposit other than the pricing supplement or any other relevant information of a supplementary nature which has not yet become available shall be lodged before any such debt securities are offered for sale and the pricing supplement shall be lodged before the deposit is accepted.
4
If any relevant information of a supplementary nature as described in paragraph (3) above other than a pricing supplement becomes available after debt securities falling within regulation 13(4)(b) above have been offered for sale but before a deposit is accepted, the offer for sale shall not be proceeded with until that information has been lodged with the Stock Exchange.
5
Any selling document prepared in connection with the issue of a relevant debt security in relation to the acceptance of a deposit intended to be an exempt transaction under regulation 13(1) or (3) above and any instrument in writing evidencing the issue of a relevant debt security including a temporary document of title shall meet the following requirements —
a
it shall bear a rubric describing the relevant debt security as “commercial paper issued in accordance with regulations made under section 4 of the Banking Act 1987”; “a shorter term debt security issued in accordance with regulations made under section 4 of the Banking Act 1987”; or “a longer term debt security issued in accordance with regulations made under section 4 of the Banking Act 1987”, as the case may be; and
b
it shall state the name of the issuer and that the issuer is not an authorised institution or a European authorised institution and shall either state that repayment of the principal and payment of any interest or premium in connection with the relevant debt security have not been guaranteed, or if they have been guaranteed, shall state that this is the case, the name of the guarantor and whether or not the guarantor is an authorised institution or a European authorised institution.
6
Any selling document prepared in connection with the issue of shorter term or longer term debt securities not as part of a programme in relation to the acceptance of a deposit intended to be an exempt transaction under regulation 13(3) above where the debt securities will fall within regulation 13(4)(a) or (b) above shall include a statement made by the person accepting the deposit that he has complied with his obligations under the relevant rules in relation to the admission to listing of the debt securities or, where the debt securities have not yet been admitted to listing, will have complied with such obligations by the time when the debt securities are so admitted.
7
Any selling document prepared in connection with the issue of shorter term or longer term debt securities as part of a programme in relation to the acceptance of a deposit intended to be an exempt transaction under regulation 13(3) above where the debt securities will fall within regulation 13(4)(a) or (b) above shall include a statement made by the person accepting the deposit that he —
a
has complied with his obligations under the relevant rules in relation to the admission to and continuing listing of the programme and of any previous issues made under it and listed on the same exchange; and
b
has complied with his obligations under the relevant rules in relation to the admission to listing of the debt securities falling within regulation 13(4)(a) or (b) above or, where the debt securities have not yet been admitted to listing, will have complied with such obligations by the time when the debt securities are so admitted; and
c
has not, since the last publication, if any, in compliance with the relevant rules of information about the programme, any previous issues made under it and listed on the same exchange, or the debt securities falling within regulation 13(4)(a) or (b) above, having made all reasonable enquiries, become aware of any change in circumstances which could reasonably be regarded as significantly and adversely affecting his ability to meet his obligations as issuer in respect of the debt securities falling within regulation 13(4)(a) or (b) above as they fall due.
8
Any selling document prepared in connection with the issue of shorter term or longer term debt securities in relation to the acceptance of a deposit intended to be an exempt transaction under regulation 13(3) above and falling within regulation 13(4)(b) above shall include a statement made by the person accepting the deposit that he has complied and will continue to comply with his obligations under these Regulations to lodge all relevant information in relation to the debt securities with the Stock Exchange.
9
In paragraphs (6) and (7) above “the relevant rules” means —
a
in the case of shorter term or longer term debt securities falling within regulation 13(4)(a) above, the listing rules, or
b
in the case of shorter term or longer term debt securities falling within regulation 13(4)(b) above, the terms and conditions of entry to and the rules of the relevant EEA Exchange and the requirements of the relevant regulatory body in the EEA State where the listing is obtained.
10
As provided in article 15 of the Financial Services Act 1986 (Investment Advertisements) (Exemptions) (No. 2) Order 1995 , the Stock Exchange is authorised by these Regulations to issue an investment advertisement when it makes available to the public as described in paragraph (2) above the relevant information lodged with it under regulation 13(2) or (4) above.
Authorised and exempted persons under the Financial Services Act 1986 and European investment firms
15
1
Subject to paragraphs (2) and (3) below, the acceptance of a deposit by a person who is an authorised person under the Financial Services Act 1986 , a European investment firm carrying on home-regulated investment business in the United Kingdom or an exempted person under the Financial Services Act 1986 (in this regulation called “an authorised person”, “a European investment firm” and “an exempted person” respectively) is an exempt transaction if the deposit is accepted in the course of or for the purpose of engaging in any dealing activity with or on behalf of the person by whom or on whose behalf the deposit is made or any service activity on behalf of that person.
2
Paragraph (1) above applies to an authorised person only if the activity is one in which he may engage without contravening any rules (made by the appropriate authority or a recognised organisation) of the kind described in section 48(2)(a) and (b) of the Financial Services Act 1986 (rules as to the type of business carried on or the persons in relation to whom business is carried on) or any prohibition of the kind described in section 65 of that Act.
3
Paragraph (1) above applies to a European investment firm only if the activity is one in which it may engage without contravening any prohibition of the kind described in section 65 of the Financial Services Act 1986 or in regulations 9 and 10 of the Investment Services Regulations 1995.
4
Paragraph (1) above applies to an exempted person only if the activity is one in respect of which he is exempt under the Financial Services Act 1986.
5
In this regulation —
a
“appropriate authority” means the Treasury or a designated agency within the meaning of section 114(3) of the Financial Services Act 1986;
b
“dealing activity” means an activity falling within paragraph 12 of Schedule 1 to that Act, construed without reference to Parts III and IV of that Schedule;
c
“recognised organisation” means a body which is a recognised professional body or a recognised self-regulating organisation within the meaning of section 207(1) of that Act and references to rules made by a recognised organisation include rules (whether or not laid down by the organisation itself) which the organisation has power to enforce; and
d
“service activity” means an activity falling within paragraph 13, 14 or 16 of Schedule 1 to that Act, construed without reference to Parts III and IV of that Schedule.
Revocation
16
The Banking Act 1987 (Exempt Transactions) Regulations 1988 , the Banking Act (Exempt Transactions) (Amendment) Regulations 1989 , the Banking Act 1987 (Exempt Transactions) (Amendment) Regulations 1990 , the Banking Act 1987 (Exempt Transactions) (Amendment No. 2) Regulations 1990 , the Banking Act 1987 (Exempt Transactions) (Amendment No. 3) Regulations 1990 , the Banking Act 1987 (Exempt Transactions) (Amendment) Regulations 1991 and the Banking Act 1987 (Exempt Transactions) (Amendment No. 2) Regulations 1991 , are hereby revoked.
Roger Knapman
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
13th March 1997


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Drug Trafficking Act 1994 (Designated Countries and Territories) (Amendment) (No. 2) Order 1997 and shall come into force on 1st February 1998.
2
In this Order “the 1996 Order ” means the Drug Trafficking Act 1994 (Designated Countries and Territories) Order 1996 .
3
This Order extends to England and Wales only.
2
Schedule 1 to the 1996 Order (countries and territories designated for the purposes of sections 39 and 40 of the Drug Trafficking Act 1994) shall be amended by the insertion, at the appropriate places in alphabetical order, of the countries and territories specified in the Schedule to this Order.
3
In Schedule 2 to the 1996 Order (Modifications of the Drug Trafficking Act 1994) for sub-paragraph (c) of paragraph 8 there shall be substituted the following sub-paragraph:
c
for subsection (1)(c) there shall be substituted the following:
c
either an external confiscation order has been made in the proceedings or it appears to the High Court that there are reasonable grounds for believing that such an order may be made in them.
.
4
A like amendment to the amendment in article 3 above shall be made to section 25(1)(c) of the Act as set out in Schedule 3 (The Drug Trafficking Act 1994 as modified) to the 1996 Order.
5
The Appendix to the 1996 Order, which describes when proceedings are instituted in a designated country, shall be amended by substituting for the entry for “Australia” the following:
Australia when an information or a complaint has been laid before a justice of the peace or a magistrate, or a person has been charged with an offence, or an indictment or a presentment has been preferred.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Contributions) (Re-rating and National Insurance Fund Payments) Order 1997 and shall come into force on 6th April 1997.
2
In this Order “ the Act ” means the Social Security Contributions and Benefits Act 1992.
Appropriate percentage rates for secondary earnings brackets
2
In section 9(3) of the Act (secondary earnings brackets and percentage rates) for “10.2 per cent.” specified in respect of Bracket 4 , substitute “10 per cent.”.
Rate of, and small earnings exception from, Class 2 contributions
3
In section 11 of the Act (Class 2 contributions) —
a
in subsection (1) (weekly rate) for “£6.05”, substitute “£6.15”;
b
in subsection (4) (small earnings exception) for “£3,430”, substitute “£3,480”.
Amount of Class 3 contributions
4
In section 13(1) of the Act (amount of Class 3 contributions) for “£5.95”, substitute “£6.05”.
Lower and upper limits for Class 4 contributions
5
In section 15(3) and section 18(1) of the Act (Class 4 contributions recoverable under the Income Tax Acts and under regulations) —
a
for “£6,860” (lower limit) in each place where it appears, substitute “£7,010”;
b
for “£23,660” (upper limit) in both places where it appears, substitute “£24,180”.
Prescribed percentage of estimated benefit expenditure
6
Section 2(2) of the Social Security Act 1993 (payments into the National Insurance Fund out of money provided by Parliament) shall have effect with respect to the tax year 1997–98 and the prescribed percentage of estimated benefit expenditure for the financial year ending with 31st March in that tax year shall be 4 per cent..
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Minister of State,
Department of Social Security
24th February 1997
We consent,
Richard Ottaway
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
26th February 1997


text:
1
This Order may be cited as the Value Added Tax (Registered Social Landlords) (No. 2) Order 1997 and shall come into force on 1st March 1997.
2
Schedule 10 to the Value Added Tax Act 1994 shall be amended as follows —
a
in sub-paragraph (3)(a) of paragraph 2 substitute “relevant housing association” for “registered housing association”; and
b
for sub-paragraph (8) of paragraph 3 substitute —
8
In paragraph 2 above “relevant housing association” means —
a
a registered social landlord within the meaning of Part I of the Housing Act 1996 ,
b
a registered housing association within the meaning of the Housing Associations Act 1985 (Scottish registered housing associations), or
c
a registered housing association within the meaning of Part II of the Housing (Northern Ireland) Order 1992 (Northern Irish registered housing associations).
.
Patrick McLoughlin
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
1st March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1997 and shall come into force on 24th March 1997.
Preliminary
2
The Road Vehicles (Registration and Licensing) Regulations 1971 shall be further amended in accordance with the following provisions of these Regulations.
Amendment of Regulation 3
3
In regulation 3 after paragraph (1) there shall be inserted the following paragraph —
1A
Any reference in these Regulations to a registration book shall be construed to include a reference to any registration document issued by the Secretary of State.
Amendment of Regulation 8(4)
4
In regulation 8(4) for the words “Regulation 12(2)” there shall be substituted the words “Regulations 12(2) and 12A(2), (3) and (5)”.
Amendment of Regulation 12
5
1
Regulation 12 shall be amended by the insertion at the beginning of the following paragraph —
1
This regulation applies where the current vehicle registration book was issued in respect of the vehicle before 24th March 1997.
2
In regulation 12, paragraph (1) shall be renumbered paragraph (1A).
Notification of change of ownership
6
After regulation 12 there shall be inserted the following regulation —
Notification of change of ownership: vehicle registration document issued on or after 24th March 1997.
12A
1
This regulation applies where a vehicle registration document has been issued in respect of the vehicle on or after 24th March 1997.
2
On a change of ownership of a mechanically propelled vehicle, where the new keeper is not a motor vehicle trader, the registered keeper —
a
shall forthwith send to the Secretary of State on that part of the registration document which relates to the change of keeper the following —
i
the name and address of the new keeper;
ii
the date on which the vehicle was transferred to the new keeper;
iii
a declaration signed by the registered keeper that the details given in accordance with sub-paragraphs (i) and (ii) are correct to the best of his knowledge; and
iv
a declaration signed by the new keeper that the details given in accordance with sub-paragraphs (i) and (ii) are correct;
b
shall forthwith give to the new keeper that part of the registration document which relates to the new keeper; and
c
may give to the new keeper any current licence issued in respect of the vehicle on which vehicle excise duty has been paid.
3
On a change of ownership of a mechanically propelled vehicle, where the new keeper is a motor vehicle trader but the registered keeper is not such a trader, the registered keeper —
a
shall forthwith send to the Secretary of State, on that part of the registration document which relates to the transfer to a motor vehicle trader, the following —
i
the name and address of the motor vehicle trader;
ii
the date on which the vehicle was transferred to the motor vehicle trader;
iii
a declaration signed by the registered keeper that he transferred the vehicle to the motor vehicle trader on the date specified in accordance with sub-paragraph (ii); and
iv
a declaration signed by the motor vehicle trader that the vehicle was transferred to him on the date specified in accordance with sub-paragraph (ii); and
b
shall forthwith give to the motor vehicle trader those parts of the registration document not required to be sent to the Secretary of State under sub-paragraph (a).
4
Where a motor vehicle trader becomes the owner of a mechanically propelled vehicle, he shall —
a
notify the Secretary of State of the transfer of the vehicle to him before he uses, or permits the use of, or keeps the vehicle on public roads otherwise than under a trade licence; or
b
where he has not notified the Secretary of State in accordance with sub-paragraph (a), notify the Secretary of State of the transfer of the vehicle to him before the expiration of the period of three months beginning on the day after the date on which the vehicle was last owned by a person who was not a motor vehicle trader.
5
Where a motor vehicle trader transfers a mechanically propelled vehicle to another person, he shall —
a
where the transfer is to another motor vehicle trader, before the expiration of the period of three months beginning on the day after the date on which the vehicle was last owned by a person who was not a motor vehicle trader, give to the new keeper those parts of the registration document not required to be sent to the Secretary of State under paragraph 3(a); and
b
in any other case, forthwith send to the Secretary of State on that part of the registration document which relates to the change of keeper the following:
i
the name and address of the new keeper;
ii
the date on which the vehicle was transferred to the new keeper;
iii
a declaration signed by him that the details given in accordance with sub-paragraphs (i) and (ii) are correct to the best of his knowledge; and
iv
a declaration signed by the new keeper that the details given in accordance with sub-paragraphs (i) and (ii) are correct.
6
In this regulation “motor vehicle trader” means —
a
any person who carries on business as a dealer in motor vehicles;
b
any person who carries on business as an auctioneer of motor vehicles;
c
any person who carries on business as a dismantler of motor vehicles; and
d
in relation to a particular mechanically propelled vehicle —
i
a finance company which has acquired that vehicle under an order for repossession; and
ii
an insurance company which has acquired that vehicle on satisfaction of a total loss claim.
7
In regulation 24(6) for the words “Regulation 12” and the entry in brackets which follow them there shall be substituted —
Regulation 12 (which relates to notification of change of ownership of vehicles where the vehicle registration book was issued before 24th March 1997), Regulation 12A (which relates to notification of change of ownership of vehicles where the vehicle registration document was issued on or after 24th March 1997)
.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
20th February 1997


text:
Citation and commencement
1
These Regulations may be cited as the St Mary’s Music School (Aided Places) Amendment Regulations 1997 and shall come into force on 1st August 1997.
Amendment of St Mary’s Music School (Aided Places) Regulations 1995
2
Schedule 1 to the St Mary’s Music School (Aided Places) Regulations 1995 is amended as follows:–
a
for paragraph 1(2) to (4) (meaning of “parents”) substitute–
2
Except where the context otherwise requires, any reference in these Regulations to the parents of a child or aided pupil is a reference –
a
in the ordinary case, to his father and mother (whether or not they are married to each other) or, where one is dead, to the survivor and, should he remarry, his spouse;
b
where his father or mother, with whom the child or aided pupil normally lives, has married a person who is not his parent, to that parent and his spouse;
c
where his parents, defined as in sub-paragraph (a), are divorced or, in any of the circumstances mentioned in paragraph (4), separated, to that one of them with whom the child or aided pupil normally lives or who, in pursuance of a court order, is entitled to have the child or aided pupil normally live with him and, should that person remarry, his spouse;
d
where he has no parents defined as in sub-paragraphs (a) to (c), to his guardian or guardians (if any) or to any person or persons with whom the child or aided pupil normally lives in accordance with either –
i
an order relating to parental responsibilities or parental rights made under section 11(1) of the Children (Scotland) Act 1995 ; or
ii
any subsisting court order (other than an order made under section 11(1) of the Children (Scotland) Act 1995) which specifies who is to have actual custody or care and control of the child or aided pupil;
e
where he has no parents so defined and no guardian, or where there is no order as mentioned in sub-paragraph (d), to the person or persons who have care of the child or aided pupil.
3
Where –
a
a child or aided pupil either has no parents defined as in sub-paragraph (2)(a), (b), (c) or (d) or he has such parents whose whereabouts are unknown; and
b
he is looked after by a local authority under the Children (Scotland) Act 1995,
then, for the purposes of these Regulations, he shall be treated as a child or aided pupil whose parents have no income and, subject thereto, any reference in these Regulations to his parents shall be construed as a reference to the local authority who are looking after him.
4
The circumstances referred to in sub-paragraph (2)(c) are that the parents are separated under an order of a court of competent jurisdiction or by a deed of separation or, where they are not so separated (and whether or not they are married to each other), that –
a
it is not reasonably practicable to find one of the parents; or
b
in pursuance of a court order or in accordance with a maintenance assessment under the Child Support Act 1991 one parent is liable to make periodic payments to or for the benefit of the other or one or more of their children; or
c
in pursuance of a court order –
i
one parent has been given care of, or access to, one or more of their children; or
ii
one parent is prohibited from entering the matrimonial home.
;
b
in sub-paragraphs (3) and (5) of paragraph 10 (references to income) for the sum of “£1,200” in the three places where it occurs substitute “£1,230”;
c
in paragraph 13 (remission of fees – boarding pupils) –
i
in sub-paragraph (2) for the sum of “£8,498” substitute “£8,723”;
ii
in sub-paragraph (3) for the Table substitute–
TABLE
(1) (2) (3) Part of relevant income to which the specified percentage applies Only aided pupil Each of two aided pupils
That part which exceeds £8,574 but does not exceed £10,823 10% 7.5% That part which exceeds £10,823 but does not exceed £15,208 20% 15% That part in excess of £15,208 12.5% 7.5%
d
in paragraph 14 (remission of fees – day pupils) for the sums of “£10,687” and “£10,538” substitute “£10,972” and “£10,823” respectively;
e
in paragraph 17 (remission of charges for meals – day pupils) after the words “Social Security Contributions and Benefits Act 1992” insert the words “or income-based jobseeker’s allowance under the Jobseekers Act 1995 ”;
f
for sub-paragraphs (3) and (4) of paragraph 18 (clothing grants) substitute–
3
Unless an aided pupil has been a pupil at the school before taking up an aided place, in a pupil’s first year at the school, clothing grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £11,355 and in such case the grant shall be of an amount equal to so much of the clothing expenditure 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:
d
£44, where that income exceeds £10,881 but does not exceed £11,355:
Provided that any clothing grant which would fall to be paid in pursuance of this sub-paragraph in a pupil’s first aided year at the school may be paid during the two months immediately preceding that year.
4
Except where sub-paragraph (3) applies, clothing grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £10,881 and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid), as does not exceed–
a
£65, where the relevant income does not exceed £10,135;
b
£34, where that income exceeds £10,135 but does not exceed £10,881;
;
g
in proviso (a) to sub-paragraph (2) of paragraph 22 (school travel grants – day pupils) delete the word “(miles)”; and
h
in paragraph 24 (amount of school travel grants) for the sums of “£9,886” and “£9,707” substitute “£10,148” and “£9,969” respectively.
Brian Wilson
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
1st July 1997


text:
Commencement and citation
1
This Order may be cited as the A41 Trunk Road (Barnet) Red Route (No. 2) Traffic Order 1997, and shall come into force on 19th April 1997.
Interpretation
2
In this Order —
a
a reference to an article or a Schedule followed by a number is a reference to the article of, or the Schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in Schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a Schedule to this Order applies to that column in subsequent items in that Schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in Schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in Schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in Schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in Schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in Schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in Schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in Schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors’ vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in Schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued; and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in Schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in Schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in Schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in Schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in Schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in Schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
The A41 Trunk Road (Barnet) Red Route (No. 2) Experimental Traffic Order 1996 is hereby revoked.
TRO 287
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
11th April 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (London Residuary Body) (Suspense Account Properties) Order 1997 and shall come into force on 31st August 1997.
2
In this Order —
a
a reference to a Property Transfer Order is a reference to one of the orders listed in Schedule 1 to this Order;
b
“Kensington and Chelsea” means the council of the Royal Borough of Kensington and Chelsea;
c
“ LRB ” means the London Residuary Body; and
d
“maintenance” includes all matters connected with the maintenance of the property including heating, lighting, cleaning, security and general management and the payment of rates and insurance.
Payment of costs of repair and maintenance
2
1
A council or body listed in column (1) of Schedule 2 to this Order, being a council or body to which property has been transferred pursuant to a Property Transfer Order or pursuant to such an Order and subsequently pursuant to section 23 of the Further and Higher Education Act 1992 , shall, subject to paragraph (3) below, make the payment to Kensington and Chelsea, pursuant to this Order, referred to in paragraph (2) below.
2
The payment referred to in paragraph (1) above is the payment of the sum, set out in column (4) of that Schedule, opposite the entry for that council or body, in respect of the liabilities incurred by the LRB (pursuant to various directions issued by the Secretary of State under section 183 of the Education Reform Act 1988) on the repair and maintenance of the property prior to the date on which it was transferred pursuant to a Property Transfer Order, (which property and the number of the relevant Property Transfer Order are listed opposite the entry for that council or body in columns (2) and (3) respectively of that Schedule).
3
The sums set out in column (5) of Schedule 2 to this Order represent sums already paid to the LRB or Kensington and Chelsea by a council or body listed in column (1) of that Schedule in respect of the costs of the repair and maintenance of the property listed in column (2) of that Schedule and that payment shall be deemed to satisfy both the obligation of that council or body to pay under paragraph (1) above and any pre-existing obligation to pay that same amount (either in total or pro rata according to the amount so paid).
Time for payment
3
1
Subject to paragraph (2) below, a sum payable by a council or body listed in column (1) of Schedule 2 to this Order in respect of the liabilities incurred by the LRB on the repair and maintenance of the property listed in column (2) of that Schedule shall be paid within 28 days after the coming into force of this Order and if it is not so paid, whether pursuant to regulation 2(1) above or pursuant to a pre-existing obligation, interest shall be payable thereon at the annual rate of 1% above the base rate from time to time of National Westminster Bank plc. such interest to be calculated on a daily basis beginning on the day 28 days after the coming into force of this Order and ending on the day of payment, compounded every three months.
2
The sum payable by the Hackney Community College Further Education Corporation shall be paid on or before 30th September 1997 or 28 days after the disposal of the property known as the Hackney Sixth Form Centre, Cassland Road, E9, whichever is the earlier, and if it is not so paid, whether pursuant to regulation 2(1) above or pursuant to a pre-existing obligation, interest shall be payable in accordance with paragraph (1) above beginning on 30th September or on the day 28 days after the disposal of the said property, whichever is the earlier.
Amendment
4
1
The Education (London Residuary Body) (Transfer of Functions and Property) ( No. 2) Order 1992 shall be amended as follows.
2
There shall be inserted after the definition of “the 1992 Order ” in article 1(2) the following definition:
“the 1997 Order ” means the Education (London Residuary Body) (Suspense Account Properties) Order 1997;
.
3
In article 13(1) (apportionment of receipts and expenditure of Kensington and Chelsea) for the word “and” in the third place where it occurs there shall be substituted a comma and after the word “1991” there shall be inserted the words “and all sums received by Kensington and Chelsea by virtue of the 1997 Order or otherwise received in respect of expenditure incurred by the LRB on the repair and maintenance (as defined in article 1(2)(d) of that Order) of the property referred to in column (2) of Schedule 2 to that Order”.
5
In Article 4(7) of the Education (London Residuary Body) (Property Transfer) Order 1992 (“the 1992 Order”) (which imposed a condition that the former Wandsworth Boys’ Secondary School, Sutherland Grove, SW18 should be brought into use by the Council of the London Borough of Wandsworth as the site for a new school established under section 35 or 41 of the Education Act 1996 or as the site for a school transferring to that site under section 35 or 47 of that Act by 1st September 1997 ) for “1st September 1997” there shall be substituted “1st September 1999”.
Tessa Blackstone
Minister of State,
Department for Education and Employment
13th August 1997


text:
1
1
This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Appointed Day No. 3) Order 1997.
2
Subject to article 2(2) below, this Order extends to England and Wales and Scotland only.
2
1
1st April 1997 is hereby appointed for the purposes of —
a
Part I of, and
b
sections 51, 61, 63 and 69 of,
the Criminal Procedure and Investigations Act 1996 (“ the Act ”).
2
Sub-paragraph (a) and, so far as it relates to sections 51 and 69 of the Act, sub-paragraph (b) of paragraph (1) above extend to England and Wales only.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
8th March 1997


text:
1
This Order may be cited as the Crown Agents Act 1995 (Appointed Day) Order 1997.
2
The day appointed under section 1(1) of the Crown Agents Act 1995 shall be 21st March 1997.
Malcolm Rifkind
One of Her Majesty’s Principal Secretaries of State
20th March 1997


text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas (Amendment) (Time Limits) Regulations 1997 and shall come into force on 23rd April 1997.
Amendment of previous Regulations
2
1
The Dairy Produce Quotas Regulations 1997 shall be amended in accordance with paragraphs (2) and (3) below.
2
In paragraph (2)(a) of regulation 6 (adjustment of purchaser quota), for the words “28th April in the quota year following the end of the quota year in which such a transaction or conversion of quota takes place”, there shall be substituted the words “21st May 1997 or 28 days after the date on which the transaction or conversion of quota takes place (whichever is the later)”.
3
In paragraph (1) of regulation 11 (transfer of quota without transfer of land), for the words“ten working days before the end of the quota year in which that transfer takes place”, there shall be substituted the words “8th May 1997 or ten working days before the intended date of the transfer (whichever is the later)”.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
25th March 1997
James Douglas-Hamilton
Minister of State, Scottish Office
26th March 1997


text:
1
1
This Order may be cited as the Crime (Sentences) Act 1997 (Commencement No. 2 and Transitional Provisions) Order 1997.
2
In this Order “the 1997 Act ” means the Crime (Sentences) Act 1997.
2
1
Subject to the transitional provisions and savings made by article 5 below, the following provisions of the 1997 Act shall come into force on 1st October 1997, namely —
a
in section 1, subsections (1) and (2) and, so far as relating to section 3, subsection (3);
b
section 2;
c
in section 3, subsections (1) to (5) and, so far as relating to that section, subsection (6);
d
section 5 so far as relating to sentences imposed under section 2(2) or 3(2);
e
section 6 so far as relating to serious offences within the meaning of section 2 or class A drug traf|fi|cking offences within the meaning of section 3;
f
sections 7, 28 to 34, 36 and 38;
g
section 41 and Schedule 1 so far as not already in force;
h
section 42 and, in Schedule 2, paragraphs 1 to 3, 5 to 7 and 9 to 11;
i
sections 44 to 47;
j
section 48 and Schedule 3;
k
sections 49 and 51 to 54;
l
section 55(1) and the provisions of Schedule 4 mentioned in paragraph (2) below;
m
in section 55(2), paragraph (a) so far as relating to sentences falling to be imposed under section 2(2) or 3(2), and paragraph (b);
n
section 56(1) and paragraphs 5 and 7 to 13 of Schedule 5;
o
section 56(2) and Schedule 6 so far as relating to the repeals in the Criminal Justice Act 1961 , the 1973 Act, the 1983 Act and sections 4(1) and 12 of, and paragraph 14 of Schedule 2 to, the 1991 Act;
p
section 56(2) and Schedule 6 so far as they repeal the provisions of the 1991 Act mentioned in paragraph (3) below; and
q
section 57.
2
The provisions of Schedule 4 to the 1997 Act referred to in paragraph (1)(1) above are —
a
in each of paragraphs 1 to 3, sub-paragraph (1) so far as relating to offences whose corresponding civil offences are offences to which section 2 would apply, and sub-paragraphs (2) and (4);
b
paragraphs 4 and 5;
c
in paragraph 6, sub-paragraph (1)(a);
d
in paragraph 8, sub-paragraphs (1) to (3) so far as relating to offences the sentences for which fall to be imposed under section 2(2) or 3(2), and sub-paragraph (4);
e
in paragraph 10, sub-paragraph (1);
f
in paragraph 12, sub-paragraph (1), sub-paragraph (2) so far as relating to offences the sentences for which would otherwise fall to be imposed under section 3(2), and sub-paragraphs (3) and (5) to (19);
g
paragraph 13 so far as relating to sentences required by section 2(2) or 3(2);
h
in paragraph 15, sub-paragraphs (1), (8) and (9) so far as relating to offences the sentences for which fall to be imposed under section 2(2) or 3(2), sub-paragraph (4) so far as relating to section 3(2), sub-paragraph (5) so far as relating to sentences falling to be imposed under section 3(2), and sub-paragraphs (2), (3), (6), (7) and (10) to (13);
i
paragraph 16; and
j
paragraph 17 so far as relating to offences the sentences for which fall to be imposed under section 3(2).
3
The provisions of the 1991 Act referred to in paragraph (1)(p) above are —
a
section 34;
b
in section 35, subsections (2) and (3);
c
in section 36, subsection (1) so far as relating to life prisoners and, in subsection (2), the words “or life”;
d
in section 37, subsection (3) and, so far as relating to life prisoners, subsections (4) and (5);
e
in section 39, in subsection (1), the words “or life” and, in subsection (5), paragraph (a), the word “other” in paragraph (b) and the words “direction or”;
f
in section 43, subsection (2) and, in subsection (3), the words “(whether short-term, long-term or life prisoners)” and the words “or (2)”;
g
section 48; and
h
in section 51, in subsection (1), the definitions of “discretionary life prisoner” and “life prisoner”, and subsection (3).
4
In paragraph (3) above “life prisoner” has the same meaning as in Part II of the 1991 Act.
3
Subject to the transitional provisions and savings made by article 5 below, the following provisions of the 1997 Act shall come into force on 1st January 1998, namely —
a
sections 35 and 37;
b
in section 39, subsections (1) and (3) to (6) and, so far as relating to offences the sentences for which are fixed by law or fall to be imposed under section 2(2) or 3(2), subsection (2);
c
sections 40 and 43; and
d
paragraph 10(2) of Schedule 4.
4
Section 50 of the 1997 Act shall come into force on 1st March 1998.
5
1
The following provisions of the 1997 Act shall not apply where the offence in question was committed before 1st October 1997, namely —
a
sections 38, 44, 46 and 52;
b
paragraph 15(2) and (11) to (13) of Schedule 4; and
c
Schedule 6 so far as relating to the repeals in sections 2(3) and 14(2) of the 1973 Act and sections 4(1) and 12 of, and paragraph 14 of Schedule 2 to, the 1991 Act.
2
Sections 39 and 43 of the 1997 Act shall not apply where the offence in question was committed before 1st January 1998.
3
In relation to any time before the commencement of Chapter I of Part II of the 1997 Act —
a
section 31(6) of that Act shall have effect as if for the words “section 24(2) above” there were substituted the words “section 46(3) of the 1991 Act”;
b
section 56(2) of the Criminal Justice Act 1967 (as amended by paragraph 5(1)(b) of Schedule 4 to the 1997 Act) shall have effect as if for the words “section 17(3) of the Crime (Sentences) Act 1997 (committal for breach of conditions of release supervision order)” there were substituted the words “section 40(3)(b) of the Criminal Justice Act 1991 (committal for sentence for offence committed during currency of original sentence)”; and
c
section 32 of the 1991 Act (as amended by paragraph 15(10) of Schedule 4 to the 1997 Act) shall have effect as if —
i
in subsection (1), for the words “the functions conferred by Part II of the Crime (Sentences) Act 1997 (“Part II”)” there were substituted the words “the functions conferred by this Part in respect of long-term and short-term prisoners and by Chapter II of Part II of the Crime (Sentences) Act 1997 (“Chapter II”) in respect of life prisoners within the meaning of that Chapter”; and
ii
in subsections (3), (4) and (6), for the words “Part II” there were substituted the words “this Part or Chapter II”.
4
Without prejudice to the operation of section 17 of the Interpretation Act 1978 , in relation to prisoners repatriated to England and Wales for offences committed before the commencement of Chapter I of Part II of the 1997 Act, any reference in the Repatriation of Prisoners Act 1984 (whether or not as modified by Schedule 2 to the 1997 Act) to a provision of Part II of the 1991 Act applicable to life prisoners (within the meaning of that Part) shall be construed as including a reference to the equivalent provision of Chapter II of Part II of the 1997 Act.
5
A certificate issued under subsection (1) of section 48 of the 1991 Act in respect of a person who is a transferred life prisoner within the meaning of that section shall, after 30th September 1997, have effect as if —
a
it had been issued under subsection (1) of section 33 of the 1997 Act; and
b
the person were a transferred life prisoner within the meaning of that section.
6
Schedule 1 to the 1997 Act and, so far as relating to the repeal of Part III of the Criminal Justice Act 1961, Schedule 6 to that Act shall not apply in respect of any person who on 1st October 1997 is in any part of the United Kingdom or any of the Channel Islands or the Isle of Man by virtue of an order made under that Part, for so long as that order has effect under that Part.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
8th September 1997


text:
1
This Order may be cited as The South Park Sixth Form College, Middlesbrough (Dissolution) Order 1997 and shall come into force on 1st August 1997.
2
On 1st August 1997 the Transferor shall be dissolved and all of its property, rights and liabilities shall be transferred to the Transferee, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the Transferor immediately before 1st August 1997 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 1997;
c
to the transferor were to the Transferor; and
d
to the corporation were to the Transferee.
James Paice
Parliamentary Under-Secretary of State,
Department for Education and Employment
24th February 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Milford Port Health Authority (Amendment) Order 1997 and shall come into force on 27th January 1997.
2
In this Order: —
“the Principal Order ” means the Milford Port Health Authority Order 1991 .
Definition of “the joint board”
2
The Principal Order shall be amended as follows: —
i
In article 1(2), the definition of “the joint board” shall cease to have effect.
ii
In article 1(3): —
a
for the word “authorities” there shall be substituted the word “authority”;
b
for the words “are Preseli Pembrokeshire District Council and South Pembrokeshire District Council” there shall be substituted the words “is Pembrokeshire County Council”.
iii
In article 2(1): —
a
the words “and a joint board shall be the port health authority for that district.” shall be omitted; and
b
after the words “shall be a port health district” insert “which shall be entitled “the Milford Haven Port Health District””.
iv
Articles 2(2), 3, 4, 5, 6, 9 and 10 and Schedule 1 shall cease to have effect.
v
In article 7 for the words “The joint board” there shall be substituted the words “Pembrokeshire County Council”.
In article 8: —
a
in the heading and in paragraphs (1) and (2) for the words “the joint board” in each place where they occur there shall be substituted the words “Pembrokeshire County Council”.
b
in paragraph (1) the words from “provided that” to the end of the paragraph shall be omitted.
c
in paragraphs (1) and (2) for the words “Schedules 1 and 2” and “Schedule 2” in each place where they occur there shall be substituted the words “the Schedule”.
vi
In Schedule 2: —
a
for the heading “Schedule 2” there shall be substituted “The Schedule”;
b
the references to the Clean Air Act 1956 and the Clean Air Act 1968 shall be omitted;
c
the references to sections 76, 77, 78, 79–83, 84 and 86 of the Control of Pollution Act 1974 (c. 40) shall be omitted;
d
at the end of the Schedule there shall be added: —
Clear Air Act 1993 (c. 11)
The Whole Act.
.
Signed by authority of the Secretary of State for Wales
Deirdre Hine
Chief Medical Officer, Welsh Office
6th January 1997


text:
Title and Commencement
1
This Order may be cited as the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (Amendment) Order 1997 and shall come into force on 1st January 1998.
Amendment
2
The Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1992 shall be amended so as to substitute for Schedules 1 to 5 the Schedules numbered 1 to 5 set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Health
Jay
Minister of State,
Department of Health
3rd December 1997
Sewel
Parliamentary Under-Secretary of State, Scottish Office
1st December 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
8th December 1997
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
28th November 1997
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
D Gowdy
Permanent Secretary
3rd day of December 1997
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
P J Small
Permanent Secretary
4th day of December 1997
We consent,
Jim Dowd
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
5th December 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southend Health Care Services National Health Service Trust (Change of Name) Order 1997 and shall come into force on 19th December 1997.
2
In this Order —
“ the Order ” means the Southend Health Care Services NHS Trust (Establishment) Order 1990 ;
“ the trust ” means the National Health Service trust established by the order.
Change of name of NHS trust
2
The trust shall be called the Southend Hospital National Health Service Trust instead of the Southend Health Care Services National Health Service Trust, and accordingly in Article 1 of the Order in the definition of “the trust”, and in Article 2 of the Order, for the words “Southend Health Care Services” there shall be substituted the words “Southend Hospital”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name; and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State
Department of Health
9th December 1997


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


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


text:
1
This Order may be cited as The A4 Trunk Road (Great West Road, Hounslow) Red Route (Temporary Prohibition of Traffic) (No. 2) Order 1997 and shall come into force on the 6th January 1997.
2
This Order is made because the Traffic Director for London is satisfied that traffic in the A4 Great West Road, Hounslow, westbound, should be prohibited from turning left into Bath Road because works are being or are proposed to be executed on or near the junction of those roads.
3
During the period starting at 00.01 hours on the 6th January 1997 and ending at 23:59 on 7th April 1997 or when those works have been completed, whichever is the sooner, subject to the provisions of article 4 below, no person shall cause or permit any vehicle proceeding westbound on the A4 Great West Road, Hounslow, to turn left into Bath Road.
4
1
The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 3 above shall not apply in respect of–
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Signed in accordance with a direction from the Secretary of State for Transport
Derek Turner
Traffic Director for London
5th January 1997