text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Project Work Pilot Scheme) (No. 2) Regulations 1997 and shall come into force on 26th Mayy 1997 immediately following the revocation of the Jobseeker’s Allowance (Pilot Scheme) Regulations 1996 .
2
These Regulations shall cease to have effect on 25th May 1998, unless revoked with effect from an earlier date.
3
The Jobseeker’s Allowance (Pilot Scheme) Regulations 1996, the jobseeker’s Allowance (Pilot Scheme) (Amendment) Regulations 1996 and the Income Support (Pilot Scheme) Regulations 1996 shall be revoked with effect from 26th May 1997.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Jobseekers Act 1995;
“appropriate office” means an office of the Department for Education and Employment which is identified in the Schedule to these Regulations and which a relevant person is required to attend in accordance with a notice under regulation 23 of the Jobseeker’s Allowance Regulations ;
“benefit” means income support, unemployment benefit or jobseeker’s allowance or any earnings credited to a person in accordance with regulations made under section 22(5) of the Social Security Contributions and Benefits Act 1992 or section 13(4) of the Social Security Act 1975 and “receiving benefit” means receiving benefit which that person has claimed and received as an unemployed person or in accordance with Part I of the Act;
“employment interview” means in relation to a relevant person, an interview in respect of which he has received a notice under regulation 23 of the Jobseeker’s Allowance Regulations requiring him to attend an interview to discuss his prospects of work;
“employment officer” means a person who is an employment officer for the purposes of section 19 of the Act;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
“made a claim for jobseeker’s allowance” includes treated as having made a claim for the allowance and treated as having an award of the allowance in accordance with regulations 5, 6 or 7 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 ;
“ Project Work ” means the programme provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 known as Project Work and which consists of a programme of work experience and job search help lasting for any individual for an aggregate of 13 weeks;
“relevant person” means a person to whom regulation 3 applies;
“week” means any period of 7 consecutive days;
“the 1996 Regulations ” means the Jobseeker’s Allowance (Pilot Scheme) Regulations 1996.
2
In these Regulations, unless the context otherwise requires, a reference
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number; and
c
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
Application
3
1
These Regulations shall apply to any person who
a
receives, or has received, a notice under regulation 23 of the Jobseeker’s Allowance Regulations requiring him to attend an employment interview to take place on or after 24th February 1997 at an appropriate office and is, or was, aged 18 or over but under 51 as at the date upon which he receives or received that notice and
b
has made a claim for jobseeker’s allowance as at the date upon which he receives or received the notice referred to in sub-paragraph (a) and has, or had been, receiving benefit for a period of two years as at that date —
i
without any period of interruption, or
ii
with a period of interruption which did not exceed 28 days, or
iii
with a number of periods of interruption, none of which exceeded 28 days.
2
Any period of interruption which did not exceed 28 days shall be taken into account in calculating the period of two years referred to in paragraph (1).
Sanction
4
1
In relation to a person to whom paragraph (2) applies, “employment programme” in section 19 of the Act means, in addition to the programmes listed in regulation 75 of the Jobseeker’s Allowance Regulations, Project Work.
2
This paragraph applies to any person to whom regulation 3 applies and who has been given or sent a notice in writing by an employment officer advising him that if he fails to participate in Project Work his benefit could cease to be payable or could be payable at a lower rate.
3
In relation to a person to whom paragraph (2) applies, for sub-paragraphs (ii) and (iii) of paragraph (a) regulation 69 of the Jobseeker’s Allowance Regulations there shall be substituted the following —
ii
either —
aa
where the determination mentioned in (i) above does not relate to Project Work, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstance falling within section 19(5), or
bb
where the determination mentioned in (i) above relates to Project Work, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) that relate to Project Work or a determination has been made that he was not to be treated as available for employment for the purpose of entitlement to income support in accordance with the Income Support (Pilot Scheme) Regulations 1996 ( S.I. 1996/1252 ), and
iii
either —
aa
where the determination mentioned in (i) above does not relate to Project Work, the first date on which the jobseeker’s allowance was not payable to him on the previous occasion mentioned in (ii) above falls within the period of 12 months preceding the date of the determination mentioned in (i) above, or
bb
where the determination mentioned in (i) above relates to Project Work, the first date on which the jobseeker’s allowance was not payable to him or the date on which it was determined that he was not to be treated as available for employment for the purpose of entitlement to income support on the previous occasion mentioned in (ii) above falls within the period of 12 months preceding the date of the determination mentioned in (i) above;
.
Good Cause
5
Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(5)(b) of the Act, and in addition to the circumstances listed in regulation 73 of the Jobseeker’s Allowance Regulations, a person to whom regulation 4(2) applies is to be regarded as having good cause for any act or omission in relation to Project Work for the purposes of section 19(5)(b) where
a
there is no place available for him on Project Work or
b
he has already participated in Project Work for one continuous period of 13 weeks or two or more periods amounting in total to 13 weeks.
Transitional Provisions
6
1
Any person who, immediately before the revocation of the 1996 Regulations, was a relevant person in accordance with regulations 2(1) and 3 of those Regulations, but who had not been given a notice in writing advising him that if he failed to participate in Project Work his benefit could cease to be payable or could be payable at a lower rate, as referred to in regulation 4(2)(b) of those Regulations, shall, if he is not a relevant person under these Regulations, be treated as a relevant person under these Regulations.
2
Where regulation 4(2) of the 1996 Regulations applied to a person immediately before the revocation of those Regulations he shall be treated as if regulation 4(2) of these Regulations applies to him.
Eric Forth
Minister of State,
Department for Education and Employment
10th March 1997


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) ( No. 2) Regulations 1997 and shall come into force on 1st August 1997.
Preliminary
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to regulation 15 (results of examinations)
3
1
Regulation 15 shall be amended as follows.
2
In paragraph (4)(c), after the words “by that examiner” there shall be inserted the words “or by a person authorised in that behalf by the Secretary of State”.
3
After paragraph (4), there shall be inserted the following paragraph —
5
For the purposes of paragraph (4)(c) only, any test certificate or notice of the refusal of a test certificate which has been issued in accordance with the provisions of this regulation or regulation 16 and which bears a facsimile, by whatever process reproduced, of the signature of the examiner or other authorised person shall be deemed to have been duly signed.
Amendments to regulation 16 (refusal of a test certificate where braking test cannot be carried out)
4
1
Regulation 16 shall be amended as follows.
2
In paragraph (2), sub-paragraph (b) and the word “and” immediately preceeding it shall be omitted.
Amendments relating to fees
5
In each provision specified in column (1) of the Table below for the amount specified in relation to that provision in column (2) of that Table there shall be substituted the amount so specified in column (3) of that Table.
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
20(1)(a) £11.90 £12.33 20(1)(aa) £20.00 £20.64 20(1)(b) £23.40 £24.12 20(1)(c) £28.66 £29.42 20(1)(d) £35.12 £36.15 20(1)(f) £30.68 £31.60 25(2) £36.00 £49.00
Signed by authority of the Secretary of State for Transport
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th July 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 1997 and shall come into force on 21st September 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 28th September 1997; or
ii
if the claim for income support is for a period beginning after 28th September 1997, from the first day of the first benefit week commencing after 21st September 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 28th September 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 “7.20 per cent.” there shall be substituted the words “7.57 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) Regulations 1997
3
The Income Support (General) (Standard Interest Rate Amendment) Regulations 1997 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.
Patricia Hollis
Parliamentary Under-Secretary of State,Department of Social Security
24th August 1997


text:
Citation and commencement
1
These Rules may be cited as the Indictments (Procedure) (Amendment) Rules 1997 and shall come into force on 1st April 1997.
Interpretation
2
In these Rules —
“the 1971 Rules ” means the Indictments (Procedure) Rules 1971 ;
“the 1980 Act ” means the Magistrates' Courts Act 1980 ;
“the 1996 Act ” means the Criminal Procedure and Investigations Act 1996 .
Transitional Provisions
3
In any case where —
a
committal proceedings have taken place before the coming into force of these Rules, or
b
the committal proceedings are not ones to which Schedules 1 and 2 to the 1996 Act apply,
“committal documents” shall mean the depositions made and other evidence tendered at those proceedings, whether or not they would have fallen within section 5A(3) of the 1980 Act.
Amendments to the 1971 Rules
4
Subject to rule 3 of these Rules, the 1971 Rules shall be amended in accordance with the following provisions of these Rules and a reference to a rule by number alone refers to the rule so numbered in the 1971 Rules.
5
In rule 2, the following shall be substituted for the definition of “depositions”, including the proviso: —
“committal documents” means evidence falling within section 5A(3) of the Magistrates' Courts Act 1980 and tendered at any committal proceedings:
Provided that any requirement of these Rules that an application should be accompanied by a copy of any committal documents shall, as respects documents mentioned in paragraphs (b) and (d) of section 5A(3) of the Magistrates' Courts Act 1980, be satisfied if a copy of such parts only of those documents as are, in the opinion of the applicant, material, accompanies the application, and the application contains an express statement to that effect.
.
6
In rule 9 for the word “depositions”, wherever it occurs, there shall be substituted “committal documents”.
7
For rule 11, there shall be substituted the following: —
It shall be the duty of any person in charge of any committal documents to give to any person desiring to make an application for leave to prefer a bill of indictment against a person in respect of whom committal proceedings have taken place, a reasonable opportunity to inspect the committal documents and, if so required by him, to supply him with copies of the documents or any part thereof.
.
Mackay of Clashfern ,C.
Dated 10th March 1997


text:
Citation
1
This Order may be cited as the Social Security Administration (Fraud) Act 1997 (Commencement No. 4) Order 1997.
Appointed days
2
The day appointed for the coming into force of section 19 of the Act (requirement to state national insurance number) —
a
for the purposes only of authorising the making of regulations is 7th November 1997; and
b
for all other purposes is 1st December 1997.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
6th November 1997


text:
Citation and commencement
1
These Regulations may be cited as the Good Laboratory Practice Regulations 1997 and shall come into force on 1st April 1997.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“batch” means a specific quantity or lot of a test or reference substance produced during a defined cycle of manufacture in such a way that it could be expected to be of a uniform character and should be designated as such;
“the GLP Inspection and Verification Directive ” means Council Directive 88/320/ EEC of 9th June 1988 on the inspection and verification of Good Laboratory Practice ( GLP ) , as amended by Commission Directive 90/18/EEC of 18th December 1989 adapting to technical progress the Annex to Council Directive 88/320/EEC on the inspection and verification of good laboratory practice (GLP) ;
“laboratory” means a test facility which conducts or which intends to conduct safety studies;
“monitoring authority” means any national authority which is responsible (either solely or jointly with other such authorities) for monitoring adherence to the principles of good laboratory practice;
“ OECD ” means the Organisation for Economic Co-operation and Development;
“OECD test guideline” means a test guideline which the OECD has recommended for use in its member countries;
“operator”, in relation to a laboratory, means the person having control of the laboratory;
“premises”, in relation to a laboratory, includes field sites at which safety studies are conducted;
“principles of good laboratory practice” means the principles of good laboratory practice set out in Schedule 1 to these Regulations, which are based on the principles of good laboratory practice contained in Annex 2 to the Decision of the Council of the OECD of 12th May 1981 on the mutual acceptance of data for the evaluation of chemical products , read with the guidance on inspection procedures and study audits set out in Schedule 2 to these Regulations, which is based on Annex B of the GLP Inspection and Verification Directive;
“quality assurance programme” means an internal control system designed to ascertain that the safety study is in compliance with these principles of good laboratory practice;
“raw data” means all original laboratory records and documentation, or verified copies thereof, which are the result of the original observations and activities in a safety study;
“reference substance” means any well defined substance or any mixture other than the test substance used to provide a basis for comparison with the test substance;
“regulatory authority” means any national authority with legal responsibility for aspects of the control of chemicals;
“safety study” means a non-clinical experiment or set of experiments —
in which a substance is examined to evaluate its safety with respect to human health, animal health or the environment; and
in relation to which a Community provision provides for the application of the principles of good laboratory practice in respect of that experiment or set of experiments;
“sample” means any quantity of a test or reference substance;
“specimen” means any material derived from a test system for examination, analysis, or storage;
“sponsor” means a person or entity who commissions or pays for a safety study;
“standard operating procedures” means written procedures which describe how to perform certain routine laboratory tests or activities normally not specified in detail in study plans or test guidelines;
“study director” means the individual responsible for the overall conduct of the safety study;
“study plan” means a document which defines the entire scope of the safety study;
“test substance” means a substance or a mixture which is under investigation;
“test system” means any animal, plant, microbial, cellular, sub-cellular, chemical, or physical system or a combination thereof used in a safety study;
“vehicle” means any agent which serves as a carrier used to mix, disperse, or solubilise the test or reference substance to facilitate the administration to the test system.
2
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;
b
in a regulation to a numbered or lettered paragraph is to the paragraph of that regulation bearing that number or letter; and
c
in a paragraph to a numbered or lettered sub-paragraph is to the sub-paragraph in that paragraph bearing that number or letter.
Functions of the Secretary of State
3
The Secretary of State —
a
is designated as the authority within the United Kingdom responsible for —
i
the verification of compliance with the principles of good laboratory practice within the United Kingdom,
ii
the inspection of laboratories within the United Kingdom and the audit of studies carried out by laboratories to assess compliance with the principles of good laboratory practice, and
iii
any other functions of the United Kingdom’s good laboratory practice monitoring authority arising out of or related to any Community obligation or the United Kingdom’s enjoyment of rights deriving from the Community’s cooperation with the OECD under or by virtue of the Treaties; and
b
shall enforce compliance with these Regulations.
Requirement to be a member or a prospective member of the United Kingdom good laboratory practice compliance programme
4
A safety study shall not be conducted at any premises of a laboratory unless —
a
the operator of the laboratory is regarded by virtue of regulation 5 or 6 as a member or a prospective member of the United Kingdom good laboratory practice compliance programme; and
b
the operator’s membership or prospective membership of that programme is or is partly in respect of those premises,
and if a safety study is conducted at any premises of a laboratory in contravention of this regulation, the operator of that laboratory shall be guilty of an offence.
Prospective membership of the United Kingdom good laboratory practice compliance programme
5
1
An operator of a laboratory shall, for the purposes of these Regulations, be regarded as being a prospective member of the United Kingdom good laboratory practice compliance programme in respect of particular laboratory premises only if —
a
he has informed the Secretary of State by notice in writing of the intention to conduct safety studies at those premises;
b
the Secretary of State has in writing —
i
acknowledged receipt of that notification, and
ii
informed the operator that he is a prospective member of the programme in respect of those premises,
and he has not ceased to be regarded as a prospective member of the programme in respect of those premises by virtue of paragraph (2).
2
Subject to paragraph (3), an operator of a laboratory shall cease to be regarded as a prospective member of the United Kingdom good laboratory practice compliance programme in respect of particular laboratory premises if —
a
he is admitted to membership of the programme in respect of those premises by the Secretary of State;
b
he informs the Secretary of State in writing that he no longer conducts or intends to conduct safety studies at those premises; or
c
the Secretary of State informs him in writing that he is not prepared to admit him to membership of the programme in respect of those premises.
3
The Secretary of State shall, before informing a prospective member of the United Kingdom good laboratory practice compliance programme under paragraph (2)(c) that he is not prepared to admit him to membership of the programme in respect of particular laboratory premises —
a
inform the prospective member that he is considering taking such action and explain to him in writing the reasons why such action is being considered;
b
give the operator a specified period within which to make representations to him; and
c
consider any representations which are duly made and not withdrawn,
unless either there is a failure to adhere to the principles of good laboratory practice at those premises which, in the opinion of the Secretary of State, may contribute towards precipitating a danger to animal or human health or to the environment or in order to ensure fulfilment of any Community obligation, it is necessary for the Secretary of State to inform the prospective member immediately that he is not prepared to admit him to membership of the programme in respect of those premises.
Membership of the United Kingdom good laboratory practice compliance programme
6
1
Subject to paragraph (2) and except where paragraph (5) applies, the operator of a laboratory shall be regarded as being a member of the United Kingdom good laboratory practice compliance programme in respect of particular laboratory premises if —
a
he is regarded by the Secretary of State as being a member of the programme in respect of those premises immediately before these Regulations come into force; or
b
after having inspected those premises, the Secretary of State has informed the operator in writing that he is admitting the operator to membership of the programme in respect of those premises.
2
The operator of a laboratory shall cease to be a member of the United Kingdom good laboratory practice compliance programme in respect of particular laboratory premises if —
a
he has informed the Secretary of State by notice in writing that safety studies are no longer conducted at those premises; or
b
membership of the programme in respect of those premises has been withdrawn from him by the Secretary of State in accordance with paragraph (3).
3
Subject to paragraph (4), the Secretary of State may by a notice in writing served on the operator of a laboratory withdraw the operator’s membership of the United Kingdom good laboratory practice compliance programme in respect of particular laboratory premises if —
a
the operator is, in the opinion of the Secretary of State, not capable of ensuring that the principles of good laboratory practice are adhered to at those premises; or
b
at those premises there is a failure to adhere to the principles of good laboratory practice which, in the opinion of the Secretary of State, may contribute towards precipitating a danger to animal or human health or to the environment.
4
Before serving a notice on an operator of a laboratory under paragraph (3)(a), the Secretary of State shall —
a
inform the operator in writing that he is considering serving such a notice and explain to him in writing the reasons why he is considering serving such a notice;
b
give the operator a specified period within which to make representations to him; and
c
consider any representations which are duly made and not withdrawn,
unless, in order to ensure fulfilment of any Community obligation, it is necessary for the Secretary of State to serve the notice immediately.
5
Where membership of the United Kingdom good laboratory practice compliance programme has been withdrawn from an operator of a laboratory in respect of particular laboratory premises in accordance with paragraph (3), he shall again be regarded as being a member of that programme in respect of those premises if —
a
he has informed the Secretary of State by notice in writing of the intention to conduct further safety studies at those premises;
b
the Secretary of State is of the opinion —
i
if membership of the good laboratory practice compliance programme was withdrawn on the grounds set out in paragraph (3)(a), that the operator is capable of ensuring that the principles of good laboratory practice are adhered to at those premises, or
ii
if membership of the good laboratory compliance programme was withdrawn on the grounds set out in paragraph (3)(b), that the possible danger to animal or human health or to the environment which led to membership being withdrawn is no longer present; and
c
the Secretary of State has informed the operator by notice in writing of his readmission to membership of the programme.
Requirement to adhere to the principles of good laboratory practice
7
1
No person shall conduct a safety study at any premises of a laboratory unless with regard to that study the principles of good laboratory practice are adhered to —
a
as respects the organisational structure surrounding the study; and
b
as respects the conditions under which the study is planned, performed, monitored, recorded and reported.
2
If the Secretary of State has reasonable grounds for believing that a person has contravened paragraph (1) and is responsible for a serious deviation from the principles of good laboratory practice which may have affected the validity of a safety study, he may by a notice served on the operator of the laboratory at whose premises the alleged contravention took place (in these Regulations referred to as a “warning notice”) —
a
state the Secretary of State’s grounds for believing that the person —
i
has contravened paragraph (1), and
ii
is responsible for a serious deviation from the principles of good laboratory practice which may have affected the validity of a safety study;
b
specify the measures which, in the opinion of the Secretary of State, the operator of the laboratory must take in order to ensure that the serious deviation from the principles of good laboratory practice which may have affected the validity of a safety study will not recur;
c
require the operator of the laboratory to take those measures, or measures which are at least equivalent to them, within such period as may be specified in the warning notice; and
d
inform the operator of the laboratory of —
i
his right of appeal against the warning notice under regulation 8,
ii
the period within which such an appeal may be brought, and
iii
the effect that such an appeal will have on any criminal proceedings relating to the operator’s alleged failure to comply with the warning notice.
3
Any operator of a laboratory who fails to comply with a warning notice shall, unless that notice has been withdrawn by the Secretary of State or cancelled by a court, be guilty of an offence.
Appeals against warning notices
8
1
An operator of a laboratory who is aggrieved by a decision to serve a warning notice on him may appeal —
a
in England, Wales or Northern Ireland, to a magistrates' court, and such an appeal shall be by way of complaint for an order; or
b
in Scotland, to a sheriff, and such an appeal shall be by summary application.
2
The period during which such an appeal may be brought is —
a
one month from the date on which the warning notice was served on the operator desiring to appeal; or
b
the period specified in the warning notice,
whichever ends the earlier.
3
On an appeal against a warning notice, a magistrates' or sheriff court may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may, in the circumstances, think fit.
4
Pending the final disposal of an appeal, or unless or until the appeal is withdrawn, any criminal proceedings relating to the operator’s alleged failure to comply with a warning notice shall be stayed or suspended.
Powers and duties of inspectors
9
1
The Secretary of State may arrange for the discharge of any of his functions under regulation 3 by an inspector duly appointed in accordance with regulation 10.
2
In enforcing compliance with these Regulations, a duly appointed inspector shall, on production, if required, of his credentials, have a right —
a
at any reasonable hour to enter any premises other than premises used only as a private dwelling house which he has reason to believe it is necessary for him to visit for the purposes of enforcing compliance with these Regulations;
b
to carry out on those premises during that visit such inspections, examinations, tests and analyses as he considers necessary for the purpose of establishing whether or not these Regulations are being complied with;
c
to require the production of and take, without payment, samples of any substances on the premises for the purpose of establishing whether or not these Regulations are being complied with, but where an inspector takes a sample pursuant to this sub-paragraph, he shall give a portion of it, noted in a manner sufficient to identify it, to a responsible person at the premises;
d
to require the production of, inspect and take copies of or extracts from any book, document, data or record (in whatever form it is held) which may be relevant in relation to the proper exercise by the inspector of his powers to enforce compliance with these Regulations;
e
subject to paragraphs (6) and (7), to take possession of any books, documents, data, records (in whatever form they are held), articles or substances which are on the premises and which may be relevant in relation to the proper exercise by the inspector of his powers under these Regulations, and to detain them for as long as he considers necessary for the purposes of the proper exercise of those powers;
f
to question any person whom he finds on the premises and whom he has reasonable cause to believe is able to give him information which is relevant to the proper exercise by the inspector of his powers under these Regulations;
g
to require any person to afford him such facilities and assistance with respect to any matter within that person’s control or in relation to which that person has responsibilities as are necessary in order to enable the inspector to establish whether or not these Regulations are being complied with;
h
to exercise any of the functions of the Secretary of State arising out of or related to his responsibility for assessing compliance with the principles of good laboratory practice under or by virtue of these Regulations,
but nothing in this paragraph shall be taken to compel the production by any person of a document of which he would, on grounds of legal professional privilege, be entitled to withhold production on an order for discovery in an action in the High Court or, as the case may be, on an order for the production of documents in an action in the Court of Session.
3
If a justice of the peace is satisfied by any written information on oath that there are reasonable grounds for entry into any premises other than premises used only as a private dwelling house for any purpose mentioned in paragraph (1), and —
a
admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this subsection has been given to the occupier; or
b
that an application for admission, or the giving of such notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,
the justice may by warrant signed by him, which shall continue in force for a period of one month, authorise any duly appointed inspector to enter the premises, if need be by force.
4
An officer entering any premises by virtue of paragraph (2) or of a warrant under paragraph (3) may take with him when he enters those premises such equipment as may appear to him necessary and any person who is authorised by the Secretary of State to accompany him on that visit.
5
On leaving any premises which an inspector is authorised to enter by a warrant under paragraph (3), that inspector shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.
6
Where, pursuant to paragraph (2)(e), an inspector takes possession of any book, document, data, record, article or substance, he shall leave on the premises with a responsible person a statement giving particulars of the book, document, record, data, article or substance sufficient to identify it and stating that he has taken possession of it.
7
Before taking possession of any substance pursuant to paragraph (2)(e), an inspector shall, where it is reasonably practicable to do so, take a sample of it pursuant to paragraph (2)(c).
8
In enforcing compliance with these Regulations, the Secretary of State or a duly appointed inspector shall have regard to any relevant provision of —
a
the guides for compliance monitoring procedures for good laboratory practice set out in Annex A to the GLP Inspection and Verification Directive ; and
b
the guidance for the conduct of laboratory inspections and study audits set out in Annex B to that Directive.
Appointment of inspectors
10
1
The Secretary of State may appoint as inspectors such persons as he thinks necessary for the proper discharge of his functions under regulation 3.
2
Every appointment of a person as an inspector shall be made by notice in writing specifying or referring to the functions of the Secretary of State under regulation 3 which that person is expected to discharge.
3
An inspector shall be appointed upon such terms and conditions as the Secretary of State may determine and the Secretary of State may pay to or provide for inspectors such remuneration, benefits, allowances or reimbursement for expenses as he thinks fit.
Disclosure of confidential information
11
1
A person who in the course of enforcing compliance with these Regulations gains access to commercially sensitive or other confidential information shall be guilty of an offence if without lawful authority he discloses that information.
2
A person may disclose commercially sensitive or confidential information to which he has had access in the course of enforcing compliance with these Regulations to —
a
the European Commission;
b
a monitoring authority;
c
a regulatory authority;
d
a laboratory or sponsor concerned with the inspection or study audit during the course of which that person gained access to that information.
3
For the purposes of this regulation —
a
the names of laboratories which are or have been subject to an inspection as part of the United Kingdom’s good laboratory practice compliance programme;
b
the level of adherence of a laboratory to the principles of good laboratory practice as assessed by the United Kingdom’s monitoring authority; and
c
the dates upon which laboratory inspections or study audits have been conducted,
shall not be considered to be confidential.
Obstruction etc. of inspectors
12
1
Subject to paragraph (2) —
a
any person who —
i
intentionally obstructs an inspector, or
ii
without reasonable cause fails to comply with any requirement made of him by an inspector,
in circumstances where the inspector is acting in pursuance of any of his functions under these Regulations; or
b
any person who, in purported compliance with any such requirement as is mentioned in sub-paragraph (a)(ii), intentionally or recklessly furnishes information which is false or misleading in a material particular,
shall be guilty of an offence.
2
Nothing in paragraph (1)(a)(ii) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him or, in the case of a person who is married, his spouse.
Offences by bodies corporate and Scottish partnerships
13
Where an offence under these Regulations is committed by a body corporate or 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
any director, manager, secretary, partner or similar officer of the body corporate or Scottish partnership; or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate or Scottish partnership shall be deemed to be guilty of that offence and he shall be liable to be proceeded against and punished accordingly.
Defence of due diligence
14
In any proceedings for an offence under any of the preceding provisions of these Regulations, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Penalties
15
1
A person guilty of an offence under regulation 12(1)(a) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person guilty of any other offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for not more than three months.
Fees
16
1
The Secretary of State may, in respect of allaying the disbursements incurred in connection with inspecting laboratories and auditing safety studies to assess compliance with the principles of good laboratory practice, charge operators of laboratories, and operators of laboratories shall, if so charged, pay to the Secretary of State such reasonable fees as he may determine to cover the cost of carrying out such laboratory inspections and study audits.
2
The Secretary of State may set those fees at levels such that they also cover the cost of such of his overheads as are reasonably attributable to carrying out such laboratory inspections and study audits.
3
Any such fee shall be payable within fourteen days following written notice from the Secretary of State requiring payment of the fee.
4
All unpaid sums due by way of, or on account of, any fees payable under this regulation shall be recoverable as debts due to the Crown.
5
The Secretary of State may in exceptional circumstances —
a
waive payment of any fee or reduce any fee or part of a fee otherwise payable under this regulation;
b
refund the whole or part of any fee paid pursuant to this regulation.
Amendment of the Medicines (Applications for Grant of Product Licences — Products for Human Use) Regulations 1993
17
The Medicines (Applications for Grant of Product Licences — Products for Human Use) Regulations 1993 shall be amended as follows —
a
in paragraph (2) of regulation 1 (citation, commencement and interpretation), after the definition of “expert” there shall be inserted the following definition —
“principles of good laboratory practice” has the same meaning as in the Good Laboratory Practice Regulations 1997;
; and
b
in paragraph 17 of Schedule 1 (information, documents, samples and other material required in respect of applications), the words “referred to in that sub-paragraph” shall be omitted.
Amendment of the Notification of New Substances Regulations 1993
18
The Notification of New Substances Regulations 1993 shall be amended as follows —
a
in paragraph (1) of regulation 2 (interpretation), after the definition of “preparations” there shall be inserted the following definition —
“principles of good laboratory practice” has the same meaning as in the Good Laboratory Practice Regulations 1997;
;
b
in paragraph (b) of regulation 4 (full notifications), the words “referred to in regulation 14(1)” shall be omitted;
c
in paragraph (2) of regulation 5 (requirements for further testing for substances notified under regulation 4), the words “referred to in regulation 14(1)” shall be omitted;
d
in paragraph (1) of regulation 14 (tests under these Regulations to conform to principles of good laboratory practice), the words from “referred to in” to the end of that paragraph shall be omitted; and
e
paragraph (4) of regulation 14 shall be omitted.
Amendment of the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994
19
The Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 shall be amended as follows —
a
in paragraph (4) of regulation 1 (title, commencement and interpretation), after the definition of “the Ministers” there shall be inserted the following definition —
“principles of good laboratory practice” has the same meaning as in the Good Laboratory Practice Regulations 1997;
;
b
in paragraph 3 of Schedule 1 (requirements in respect of products other than immunological products), the words “as referred to in the second paragraph of Part 3” shall be omitted; and
c
in paragraph 1 of Schedule 2 (requirements in respect of immunological products) the words from “as referred to” to the end of that paragraph shall be omitted.
Department of Health
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State
6th March 1997
We consent,
Patrick McLoughlin
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 2) Regulations 1997 and shall come into force on 3rd November 1997.
2
In these Regulations “the principal Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 .
Amendment to Schedule 1 to the principal Regulations
2
1
Table A of Part I of Schedule 1 to the principal Regulations shall be amended in accordance with paragraph (2) of this regulation.
2
In column (2), in the second entry relating to regulation 66A, for “paragraph 7B of Schedule 1” there shall be substituted “paragraph 12 of Schedule 1B”.
Further amendment to Schedule 1 to the principal Regulations
3
1
Table B of Part II of Schedule 1 to the principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In column (2), for the first to the fifth entries inclusive relating to Schedule 2, there shall be substituted the following entries —
a
As if in column (1) of the Table in paragraph 1, for heads (b) and (c) of sub-paragraphs (1) and (2) there were substituted the following heads in each of those sub-paragraphs —
b
less than 18 and in respect of whom an amount is applicable under Schedule 3;
c
less than 18 who —
i
satisfies the condition in paragraph 11;
ii
is undergoing youth training; or
iii
is in remunerative work;
;
.
b
As if in column (1) of the Table in paragraph 1, for sub-paragraph (3) there were substituted —
couple —
except where head (b) applies, where both members are aged less than 18;
where both members are aged less than 18 and —
at least one of them is undergoing youth training;
at least one of them is in remunerative work;
in respect of at least one of them an amount is applicable under paragraph 2;
at least one of them satisfies the conditions in paragraph 11; or
in respect of at least one of them an amount is applicable under Schedule 3;
where one member is aged not less than 18;
where both members are aged not less than 18;
;
.
c
As if in column (2) of the Table in paragraph 1, for the amount applicable to heads (b) and (c) there were the amount shown as applicable to head (d) and as if heads (e) to (g) were omitted
.
d
As if paragraph 1A were omitted
.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
6th October 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Claims and Payments and Adjudication) Amendment Regulations 1997 and shall come into force on 1997.
2
In these Regulations —
“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1995 ;
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 .
Amendment of regulation 59 of the Adjudication Regulations
2
In regulation 59 of the Adjudication Regulations (review of decisions involving payment or increase of certain benefits), after paragraph (1B) there shall be inserted the following paragraph —
1C
Subject to regulation 58, where, in the case of attendance allowance or disability living allowance, the decision is reviewed under section 30(1) of the Administration Act (application within the prescribed period), or under that subsection as applied by section 31(2) or 35(8) of that Act, the decision given on review shall have effect from such date as may be specified in the decision, being a date not earlier than —
a
where the decision being reviewed is also a review decision or a refusal to review (“the first review”), one month before the date of application for the first review;
b
in any other case, the date of claim.
.
Amendment of regulation 63 of the Adjudication Regulations
3
1
Regulation 63 of the Adjudication Regulations (review in income support cases) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1)(b) at the end the word “or” shall be added, and after sub-paragraph (b) there shall be added the following sub-paragraph —
c
in a case to which paragraph (1B) applies, any period which falls more than 8 weeks before the date on which the review was requested or, where no request is made, the date of the review.
.
3
In paragraph (1A) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
the reason for the revised determination is that the claimant or a member of his family has become entitled to another benefit, or to an increase in the rate of another benefit, and
b
that other benefit or increase is awarded in respect of a period before the one-month period.
.
4
After paragraph (1A) there shall be inserted the following paragraph —
1B
This paragraph applies where —
a
on a review it is determined that there is to be included in the claimant’s applicable amount an amount in respect of a loan which qualifies under paragraph 15 or 16 of Schedule 3 to the Income Support Regulations; and
b
the determination could not have been made earlier because information necessary to make the determination, requested otherwise than in accordance with paragraph 10(3)(b) of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987 (annual requests for information), had not been supplied to the Secretary of State by the lender.
.
Amendment of regulation 63A of the Adjudication Regulations
4
1
Regulation 63A of the Adjudication Regulations (review in jobseeker’s allowance cases) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1)(c) at the end the word “or” shall be added, and after sub-paragraph (c) there shall be added the following sub-paragraph —
d
in a case to which paragraph (1B) applies, any period which falls more than 8 weeks before the date on which the review was requested or, where no request is made, the date of the review.
.
3
In paragraph (1A) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
the reason for the revised determination is that the claimant or a member of his family has become entitled to another benefit, or to an increase in the rate of another benefit, and
b
that other benefit or increase is awarded in respect of a period before the one-month period.
.
4
After paragraph (1A) there shall be inserted the following paragraph —
1B
This paragraph applies where —
a
on a review it is determined that there is to be included in the claimant’s applicable amount an amount in respect of a loan which qualifies under paragraph 14 or 15 of Schedule 2 to the Jobseeker’s Allowance Regulations; and
b
the determination could not have been made earlier because information necessary to make the determination, requested otherwise than in accordance with paragraph 10(3)(b) of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987 (annual requests for information), had not been supplied to the Secretary of State by the lender.
.
Amendment of regulation 6 of the Claims and Payments Regulations
5
In regulation 6 of the Claims and Payments Regulations (date of claim) at the end there shall be added the following paragraph —
29
In the case of a claim for an increase of severe disablement allowance or of invalid care allowance in respect of a child or adult dependant, paragraphs (16) and (21) shall apply to the claim as if it were a claim for severe disablement allowance or, as the case may be, invalid care allowance.
.
Amendment of regulation 19 of the Claims and Payments Regulations
6
1
Regulation 19(7) of the Claims and Payments Regulations (time for claiming benefit) shall be amended in accordance with the following provisions of this regulation.
2
At the end of sub-paragraph (f) the word “or” shall be omitted.
3
In sub-paragraph (g) for the word “sister.” there shall be substituted the words “sister; or”.
4
After sub-paragraph (g) there shall be added the following sub-paragraph —
h
in the case of a claim for disability working allowance, the claimant had previously been entitled to income support, jobseeker’s allowance, incapacity benefit or severe disablement allowance (“the previous benefit”), and the claim for disability working allowance was made within one month of expiry of entitlement to the previous benefit.
.
Transitional provision
7
In a case to which regulation 59(1C)(a) of the Adjudication Regulations applies, where the application for the first review referred to in that provision was made on or before 6th April 1997, regulation 59 of the Adjudication Regulations shall apply with the following modifications —
a
as if in paragraph (1C)(a), for the words “one month” there were substituted the words “subject to paragraph (1D), three months”;
b
as if after paragraph (1C) there were inserted the following paragraph —
1D
Subject to the following provisions of this regulation, in a case to which paragraph (1C)(a) applies where the claimant proves that —
a
on a date earlier than three months before the date of the application for the first review, he was (apart from the condition of making a claim) entitled to benefit or to a higher rate of benefit; and
b
throughout the period between that earlier date and the date on which the application for the first review was made, there was good cause for delay in making the application,
the decision given on review shall have effect either on that earlier date or twelve months before the date on which the application for the first review was made, whichever is the later.
; and
c
as if in paragraph (5)(c) for the words “one month” there were substituted the words “three months”.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State
Department of Social Security
15th September 1997


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (Trunk Roads) (No. 1) Order 1997 and shall come into force on 3rd March 1997.
Interpretation
2
In this Order, unless the context otherwise requires:
“the 1980 Act ” means the Highways Act 1980 ;
“ DBFO contract ” means a contract between the Secretary of State for Transport or the Secretary of State for Wales and another person pursuant to which such other person undertakes responsibility for the design, building, financing and operation of a trunk road for an agreed period;
“management agent” means a person who has entered into a management agency contract with the Secretary of State for Transport or with the Secretary of State for Wales and where the context so admits includes a sub-contractor of such person;
“management agency contract” means a contract (other than a DBFO contract) between the Secretary of State for Transport or the Secretary of State for Wales and another person pursuant to which such other person undertakes responsibility for managing any maintenance or improvement of, or other dealing with, any length of trunk road and any trunk road connected land;
“trunk road” has the meaning given in section 329(1) of the 1980 Act;
“trunk road connected land” means any land which does not form part of a trunk road but which has been acquired by the Secretary of State for Transport or the Secretary of State for Wales in connection with a trunk road under section 239(2) or (4) or section 246 of the 1980 Act;
“unitary district” means a district (other than a metropolitan district) where the district council is the sole principal council for that local government area;
“unitary district council” means a district council (other than a metropolitan district council) which is the sole principal council for its local government area;
“works contractor” means a person who has entered into a works contract with the Secretary of State for Transport or the Secretary of State for Wales and where the context so admits includes a sub-contractor of such person;
“works contract” means a contract (other than a DBFO contract or a management agency contract) between the Secretary of State for Transport or the Secretary of State for Wales and another person pursuant to which such other person undertakes to carry out works of maintenance, improvement or construction in connection with a trunk road and trunk road connected land.
Designation of public bodies
3
A person of a description specified below, appearing to the Secretary of State for Transport and the Secretary of State for Wales 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 —
a management agent,
a works contractor.
Restrictions on agreements which may be entered into by a management agent or a works contractor
4
A management agent and a works contractor may only enter into an agreement with a local authority by virtue of this Order if it is a local highway authority (sub-contract) agreement within the meaning of article 5 below.
Local highway authority (sub-contract) agreement
5
An agreement is a local highway authority (sub-contract) agreement if it is an agreement to which each of the following subparagraphs of this article applies —
a
it is an agreement between a management agent or a work contractor and a local authority, which is a county council, a county borough council, a unitary district council, a metropolitan district council, or a London borough council, with respect to a trunk road or trunk road connected land which is the subject of such agent’s management agency contract or such contractor’s works contract, where: —
i
such road or land is inside the local authority’s area; or
ii
if such road or land is outside the local authority’s area but within a London borough, a unitary district or a non-metropolitan county in England, the council of that borough, district or county has consented to the agreement between the local authority and the management agent or works contractor; or
iii
if such road or land is outside the local authority’s area, but within a metropolitan district, or within a county or county borough in Wales, the authority has consulted the council of that district, county or county borough prior to entering into the agreement with the management agent or works contractor;
b
it is an agreement made by acceptance of the local authority’s offer to carry out the obligations under the agreement where: —
i
the local authority made the offer in response to an invitation by the management agent or works contractor to submit offers; and
ii
if such persons are known to exist upon reasonable enquiry by the management agent or works contractor, the invitation was made to other persons who were willing to carry out work of the kind concerned, including at least one person who was not a local authority.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State
Department of Transport
24th January 1997
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State Welsh Office
28th January 1997


text:
Citation and Commencement
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 4) Regulations 1997 and shall come into force on 6th April 1997.
Amendment of the Social Security (Contributions) Regulations 1979
2
In paragraph (1) of regulation 19 of the Social Security (Contributions) Regulations 1979 (payments to be disregarded) after sub-paragraph (z), add —
za
a payment of, or contribution towards, expenditure incurred on providing work-related training which by virtue of sections 200B, 200C and 200D of the Income and Corporation Taxes Act 1988 (work-related training) is not to be taken as an emolument of the office or employment.
.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
20th March 1997


text:
Citation and commencement
1
This Order may be cited as the Medicines (Bal Jivan Chamcho Prohibition) (No. 2) Amendment Order 1997 and shall come into force on 8th April 1997.
Amendment of the Medicines (Bal Jivan Chamcho Prohibition) (No. 2) Order 1977
2
Article 2 of the Medicines (Bal Jivan Chamcho Prohibition) (No. 2) Order 1977 (prohibition of sale, supply and importation of Bal Jivan Chamcho) shall be amended as follows —
a
in paragraph (1) for the words “subject to paragraph (3)” there shall be substituted the words “subject to paragraphs (3) and (4)”; and
b
after paragraph (3) there shall be inserted the following paragraph —
4
The prohibition imposed by paragraph (1) above shall not apply to the importantion of any medicinal product as aforesaid —
a
from a member State of the European Community, or
b
if the product originated in an EEA State within the meaning of Article 9 and Protocol 4 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 , from an EEA State other than a member State.
.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State
Department of Health
10th March 1997
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State for Wales
17th March 1997
James Douglas Hamilton
Minister of State The Scottish Office
11th March 1997
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
F.A. Elliott
Permanent Secretary
11th day of March 1997.


text:
1
This Order may be cited as the Consular Fees Order 1997 and shall come into force on 10th June 1997.
2
In this Order —
a
“consular officer” means any person authorised by the Secretary of State to exercise consular functions, or functions in the United Kingdom which correspond with consular functions (including persons who are not, as well as persons who are, consular officers);
b
“consular employee” means any person in the administrative or technical service of the consular post or diplomatic mission:
c
“consular premises” means the building or parts of buildings used for the purposes of the consular post or diplomatic mission;
d
“entry clearance” means a visa, entry certificate, entry permit or other document which, in accordance with the applicable immigration laws or rules, is to be taken as evidence of a person’s eligibility for entry into the United Kingdom, a dependency of the United Kingdom, or any other country or territory, as the case may be (but does not include a work permit);
e
“replacement passport” means a passport issued in substitution for a valid passport in order to incorporate an addition or amendment thereto.
3
The fees set forth in the table in the Schedule to this Order are prescribed to be levied by consular officers and by marriage officers under the Foreign Marriage Act 1892 and the Marriage with Foreigners Act 1906 in the execution of their duties, and the said table shall be construed as part of this Order.
4
The Consular Fees Order 1996 is hereby revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the A12 Trunk Road (Colchester Road, Havering) (Prescribed Routes) Order 1997 and shall come into force on 20th January 1997.
2
In this Order —
“Ashton Road” means the road by that name in the London Borough of Havering;
“Colchester Road” means that length of the A12 Trunk Road in the London Borough of Havering known as Colchester Road;
“the junction” means the junction at the intersection of the eastbound carriageway of Colchester Road with the new link road;
“the new link road” means the new road linking Colchester Road with Ashton Road;
“1st triangular island” means the triangular island site on the western side of the junction;
“2nd triangular island” means the triangular island site on the eastern side of the junction; and
“westbound traffic island” means the island site in the westbound main carriageway of Colchester Road which extends 14 metres eastward from its junction with the new link road.
3
1
Every person causing or permitting a vehicle to proceed eastbound in Colchester Road shall, if he causes that vehicle to pass to the left of the 1st triangular island, cause it to turn left into the new link road.
2
Every person causing or permitting a vehicle to proceed eastbound in Colchester Road shall, if he causes that vehicle to pass to the right of the 1st triangular island, cause it to proceed straight ahead.
4
1
Every person causing or permitting a vehicle to proceed southbound in the new link road shall, if he causes that vehicle to pass to the left of the 2nd triangular island, cause it to turn left into the eastbound carriageway of Colchester Road.
2
Every person causing or permitting a vehicle to proceed southbound in the new link road shall, if he causes that vehicle to pass to the right of the 2nd triangular island, cause it to turn right into the westbound carriageway of Colchester Road.
5
1
Every person causing or permitting a vehicle to proceed westbound in Colchester Road shall, if he causes that vehicle to pass to the left of the westbound traffic island, cause it to proceed straight ahead.
2
Every person causing or permitting a vehicle to proceed westbound in Colchester Road shall, if he causes that vehicle to pass to the right of the westbound traffic island, cause it to turn right into the new link road.
6
Nothing in this Order shall apply to anything done at the direction or with the permission of a constable in uniform or traffic warden.
Signed by authority of the Secretary of State for Transport
A. R. Mellors
Assistant Director Highways Agency London Network Management Division
15th January 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 1997 and shall come into force on 17th November 1997.
2
In these Regulations, “the General Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 .
Application of the Regulations
2
Regulations 3 to 6 of these Regulations shall apply only in respect of claims for a social fund payment to meet funeral expenses which are made, or are treated as made, on or after 17th November 1997.
Amendment of regulation 3 of the General Regulations
3
For the definition of “absent parent” in regulation 3(1) of the General Regulations (interpretation), there shall be substituted the following definition —
“absent parent” means a parent of a child who has died where —
that parent was not living in the same household with the child at the date of that child’s death; and
that child had his home, at the date of death, with a person who was responsible for that child for the purposes of Part IX of the Social Security Contributions and Benefits Act 1992;
.
Amendment of regulation 4 of the General Regulations
4
In regulation 4 of the General Regulations (provision against double payment) —
a
in paragraph (3) —
i
at the beginning, there shall be inserted the words “Except in a case to which paragraph (4) applies,”;
ii
for the word “other” there shall be substituted the word “further”;
b
after paragraph (3) there shall be added the following paragraph —
4
Notwithstanding paragraph (3), a further funeral payment may be made under these Regulations in respect of any funeral expenses arising from the death of a person in respect of which such a payment has already been made where —
a
the decision pursuant to which the funeral payment was awarded has been reviewed; and
b
the amount of the award as revised on that review, together with the amount of the funeral payment already paid in respect of the death of that person, does not exceed the amount of any funeral payment which may be awarded pursuant to regulation 7A(2).
.
Amendment of regulation 7 of the General Regulations
5
1
Regulation 7 of the General Regulations (entitlement to a funeral payment) shall be amended in accordance with the following paragraphs.
2
For sub-paragraph (b) of paragraph (1), there shall be substituted the following sub-paragraph —
b
the funeral takes place —
i
in a case where the responsible person is a person to whom paragraph (1A) applies, in an EEA State;
ii
in any other case, in the United Kingdom,
and for the purposes of this sub-paragraph, “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;
.
3
In paragraph (1)(e), for heads (ii), (iii) and (iv) there shall be substituted the following heads —
ii
in a case where the deceased was —
aa
a child and there is no absent parent or there is an absent parent who, or whose partner, had an award of a benefit to which sub-paragraph (a) above refers current as at the date of death, the responsible person was the person or the partner of the person responsible for that child for the purposes of Part IX of the Social Security Contributions and Benefits Act 1992 as at the date of death; or
bb
a still-born child, the responsible person was a parent of that still-born child or the partner of a parent of that still-born child as at the date when the child was still-born; or
iii
in a case where the deceased had no partner and (ii) above does not apply, the responsible person was, subject to paragraphs (3) and (4), an immediate family member of the deceased and it is reasonable for the responsible person to accept responsibility for those expenses; or
iv
in a case where the deceased had no partner and (ii) and (iii) above do not apply, the responsible person was, subject to paragraphs (3) and (4), either —
aa
a close relative of the deceased; or
bb
a close friend of the deceased,
and it is reasonable for the responsible person to accept responsibility for those expenses.
.
4
After paragraph (1), there shall be inserted the following paragraph —
1A
This paragraph applies to a person who is —
a
a worker for the purposes of Council Regulation ( EEC ) No. 1612/68 or (EEC) No. 1251/70 ;
b
a member of the family of a worker for the purposes of Council Regulation (EEC) No. 1612/68 ;
c
in the case of a worker who has died, a member of the family of that worker for the purposes of Council Regulation (EEC) No. 1251/70 ; or
d
a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC .
.
5
In paragraph (3), for the words from the beginning to “where — ” there shall be substituted the words “Subject to paragraph (4), the responsible person shall not be entitled to a funeral payment where he is an immediate family member, a close relative or a close friend of the deceased and — ”.
Amendment of regulation 7A of the General Regulations
6
1
Regulation 7A of the General Regulations (amount of funeral payment) shall be amended in accordance with the following paragraphs.
2
In paragraph (2), for sub-paragraphs (e) and (f) there shall be substituted the following sub-paragraphs —
e
where transport is provided by a vehicle for the coffin and bearers and by one additional vehicle, from the funeral director’s premises or the place of rest to the funeral and —
i
the distance travelled, in the case of a funeral which consists of a burial where no costs have been incurred under sub-paragraph (a)(i) above, exceeds 50 miles; or
ii
the distance travelled, in the case of any other funeral, necessarily exceeds 50 miles,
subject to paragraph (4A), the reasonable cost of the transport provided, other than the cost in respect of the first 50 miles of the distance travelled;
f
subject to paragraph (4B), the necessary cost of one return journey for the responsible person, either for the purpose of making arrangements for, or for attendance at, the funeral;
.
3
For paragraph (3) there shall be substituted the following paragraph —
3
All references in paragraph (2)(d) and (e) to 50 miles shall be construed as applying to —
a
in a case to which paragraph (2)(d) applies, the combined distance from the funeral director’s premises or the deceased’s place of rest to the place of death and of the return journey;
b
in a case to which paragraph (2)(e) applies, the combined distance from the funeral director’s premises or the deceased’s place of rest to the funeral and of the return journey.
.
4
After paragraph (4), there shall be inserted the following paragraphs —
4A
Costs shall only be met pursuant to head (i) of sub-paragraph (e) of paragraph (2) to the extent that the cost incurred under that head, together with the cost incurred under paragraph (2)(a)(ii), does not exceed the costs which would have been incurred under paragraph (2)(a)(i) and (ii) and, where appropriate, (e)(ii) if it had been necessary to purchase a new burial plot for the deceased with an exclusive right of burial in that plot.
4B
Costs shall only be met pursuant to sub-paragraph (f) of paragraph (2) to the extent that those costs do not exceed the costs which would have been incurred in respect of a return journey from the home of the responsible person to the location where the necessary costs of the burial or, as the case may be, cremation, would have been incurred pursuant to paragraph (2)(a) or, as the case may be, (b).
.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
23rd October 1997


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


text:
Title and commencement
1
These Regulations may be cited as the Medicines (Restrictions on the Administration of Veterinary Medicinal Products) Amendment Regulations 1997 and shall come into force on 1st February 1998.
Amendment of the Medicines (Restrictions on the Administration of Veterinary Medicinal Products) Regulations 1994
2
The Medicines (Restrictions on the Administration of Veterinary Medicinal Products) Regulations 1994 shall be amended in accordance with the following regulation.
3
For regulations 2 to 5 there shall be substituted regulations 2 to 5 as follows:
Interpretation
2
1
In these Regulations —
“ the Act ” means the Medicines Act 1968 ;
“administer” includes import for the purposes of administration and cognate expressions shall be construed accordingly;
“authorised veterinary medicinal product” means a veterinary medicinal product —
which has a marketing authorisation within the meaning of the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 ,
the administration of which has been authorised by the Ministers as defined in the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 in accordance with Article 4.1, 2nd paragraph, of Directive 81/851 or allowed by those Ministers in accordance with Article 4.1, 3rd paragraph, of that Directive,
which has a product licence under the Act, or
which is registered under the Registration of Homoeopathic Veterinary Medicinal Products Regulations 1997 ;
“Directive 81/851” means Council Directive 81/851/ EEC on the approximation of the laws of the Member States relating to veterinary medicinal products as amended by Council Directive 90/676/EEC ;
“homeopathic medicinal product” means a homeopathic veterinary medicinal product as defined in Article 1.1 of Council Directive 92/74/EEC or a homeopathic medicinal product as defined in Article 1.1 of Council Directive 92/73/EEC ; and
“medicinal product authorised for use in human beings” means a medicinal product —
which has a marketing authorisation within the meaning of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 ,
which has a product licence under the Act for use in human beings, or
which has a certificate o registration under the Medicines (Homeopathic Medicinal Products for Human Use) Regulations 1994 .
2
The terms “veterinary medicinal product” and “ready-made veterinary medicinal product”are defined in Article 1.2 of Directive 81/851 and other expressions used in these Regulations shall, subject to paragraph (1) above and unless the context otherwise requires, be interpreted in accordance with that Directive.
Restriction on the administration of unauthorised veterinary medicinal products to animals
3
Subject to regulations 4 and 5 below, no person shall administer or cause or permit to be administered any veterinary medicinal product to an animal unless that product is an authorised veterinary medicinal product.
Exemptions
4
1
Nothing in regulation 3 above shall prohibit the administration of a veterinary medicinal product to an animal where it is administered for the purpose of —
a
a medicinal test on animals in accordance with section 32 or 33 of the Act, or in connection with that test, where the product is authorised in accordance with Directive 81/851 elsewhere than in the United Kingdom and is administered for the purpose of comparing the efficacy of the product the subject of the test, or
b
a test on animals in accordance with the provisions of a licence granted under the Animals (Scientific Procedures) Act 1986 .
2
Nothing in regulation 3 above shall prohibit the administration by a veterinary surgeon or by a person acting under his direction of a ready-made veterinary medicinal product imported and sold or supplied in accordance with the Medicines (Veterinary Medicinal Products) (Veterinary Surgeons from Other EEA States) Regulations 1994 .
Additional exemption
5
1
Subject to paragraphs (2) and (3) below, in the circumstances where no authorised veterinary medicinal product exists for a condition in a particular species, and where a veterinary surgeon considers it necessary to avoid causing unacceptable suffering to the animal or animals concerned, nothing in regulation 3 above shall prohibit him or a person acting under his direction from administering to a particular animal under his care or a small number of such animals which are kept on the same premises —
a
a veterinary medicinal product authorised for use in another animal species or for another condition in the same species, or
b
if there is no product such as is referred to in subparagraph (a) above, a medicinal product authorised for use in human beings, or
c
if there is no product such as is referred to in subparagraph (b) above, a product prepared extemporaneously by any person lawfully authorised in the United Kingdom to do so, in accordance with the terms of a veterinary prescription.
2
Where the carcase or part of the carcase or produce of an animal treated pursuant to paragraph (1) above is intended for human consumption —
a
the veterinary surgeon or person acting under his direction shall administer a product which contains only substances to be found in a veterinary medicinal product authorised for use in food-producing animals;
b
the veterinary surgeon shall, unless the product is a homeopathic medicinal product in which the level of active principles is equal to or less than one part per million, specify an appropriate withdrawal period, which shall be the period indicated on the product for the species concerned, or, if none, a period of not less than —
i
7 days for eggs,
ii
7 days for milk,
iii
28 days for meat from poultry and mammals including fat and offal, or
iv
500 degree days for meat from fish; and
c
the veterinary surgeon shall keep a permanent record of —
i
the date of examination of the animal,
ii
the name and address of the owner,
iii
the number of animals treated,
iv
the diagnosis,
v
the product prescribed,
vi
the dosage administered,
vii
the duration of treatment, and
viii
the recommended withdrawal period,
and shall retain that record for a period of three years from the end of the calendar year to which such record relates.
3
In the circumstances referred to in paragraph (1) above, nothing in that paragraph shall prohibit a veterinary surgeon or a person acting under his direction from administering to an animal or animals of a minor or exotic species any product such as is mentioned in subparagraphs (a) to (c) of that paragraph as he thinks fit, so long as no carcase or part of a carcase of, or any produce from, such animal is intended for human consumption.
.
Amendment of the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994, the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 and the Registration of Homoeopathic Veterinary Medicinal Products Regulations 1997
4
Paragraph 32 of Schedule 5 to the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994, paragraph 22 of Schedule 7 to the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 and regulation 37 of and Schedule 6 to the Registration of Homoeopathic Veterinary Medicinal Products Regulations 1997 shall be revoked.
Signed by authority of the Secretary of State for Health
Jay
Minister of State,
Department of Health
4th December 1997
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
2nd December 1997


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Watford) Order 1997 and shall come into force on 27th October 1997.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
“the permitted parking area” means the area designated as a permitted parking area by article 4(a) of this Order; and
“the special parking area” means the area designated as a special parking area by article 4(b) of this Order.
Application
3
This Order applies to the borough of Watford in the county of Hertfordshire excluding so much of the A41 trunk road, the A405 trunk road and the M1 motorway as are situated within that borough.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies in accordance with article 3 above as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the permitted parking area and the special parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of the 1984 Act and Schedule 3 to the 1991 Act
6
1
The 1984 Act shall be modified in relation to the permitted parking area and the special parking area as specified in Part I of Schedule 2 to this Order.
2
Schedule 3 to the 1991 Act shall be modified in relation to the permitted parking area and the special parking area as specified in Part II of Schedule 2 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
24th September 1997


text:
Citation and commencement
1
This Order may be cited as the Leicestershire Ambulance and Paramedic Service National Health Service Trust (Establishment) Amendment (No. 2) Order 1997 and shall come into force on 18th June 1997.
Amendment of NHS trust Establishment Order
2
For Article 4 of the Leicestershire Ambulance and Paramedic Service National Health Service Trust (Establishment) Order 1993 there shall be substituted —
Directors of the trust
4
The trust shall have, in addition to the chairman —
a
until 31st October 1997, 4 non-executive directors, and
b
on and after 1st November 1997, 3 non-executive directors,
and 3 executive directors.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
9th June 1997


text:
Citation and commencement
1
This Order may be cited as the Protection of Wrecks (Designation) Order 1997 and shall come into force on 8th July 1997.
Identification of site and designation of restricted area
2
1
The site in respect of which this Order is made is hereby identified as the site where the vessel HMS “Assurance” lies wrecked on the sea bed at Latitude 50°39.70' North, Longitude 01°35.45' West.
2
The area to the west of Longitude 01°35.35' West within a distance of 200m of Latitude 53°39.70' North, Longitude 01°35.43' West, but excluding any part of that area which lies above high water mark of ordinary spring tides, shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Revocation
3
The Protection of Wrecks (Designation No. 5) Order 1974 is hereby revoked.
Tony Banks
Parliamentary Under-Secretary of State,
Department of National Heritage
13th June 1997


text:
Citation and commencement
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 and shall come into force on 6th April 1997.
Schemes providing salary-related death benefits
2
Part I of the Pensions Act 1995 applies to any occupational pension scheme under which all the benefits that may be provided other than death benefits are money purchase benefits as if every reference in that Part to a money purchase scheme included such a scheme.
Miscellaneous amendments
3
The regulations specified in Schedule 1 to these Regulations shall have effect with the amendments specified in that Schedule.
Revocations and savings
4
1
Subject to paragraph (2), the subordinate legislation specified in Schedule 2 is revoked to the extent specified in the third column.
2
Without prejudice to the generality of section 16 of the Interpretation Act 1978 , the revocation of the Personal Pension Schemes (Personal Pension Protected Rights Premiums) Regulations 1987 does not affect the operation of those regulations as respects any premium paid before 6th April 1997 or payable immediately before that date.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
11th March 1997