text:
Commencement and citation
1
This Order may be cited as the London Borough of Islington (Trunk Roads) Red Route (Bus Lanes) Experimental Traffic Order 1997, and shall come into force on 5th December 1997.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “bus lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“dial-a-ride bus” means a vehicle —
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
g
“times of operation” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the times specified in that item in column (3) of that table;
h
“permitted vehicles” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the vehicles specified in that item in column (5) of that table;
i
an entry in column (3) , (4) or (5) of an item in the table in the schedule to this order applies to that column in subsequent items in that schedule.
Bus Lane Controls
3
1
No person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in the schedule to this order during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
The controls specified in paragraph (1) of this article do not apply so as to prevent a vehicle stopping in a bus lane for as long as may be necessary —
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other order.
Exemptions
4
1
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within the exemption to a restriction or prohibition imposed by any other order made under the Road Traffic Regulation Act 1984 or which is permitted by any other order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle stopping in a bus lane if the vehicle is being used in —
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane and in so far as the activity is not prohibited by the provisions of any other order made under the Road Traffic Regulation Act 1984.
3
The controls specified in article 3(1) do not apply in respect of —
a
a vehicle entering or stopping in a bus lane so as to avoid an accident;
b
a vehicle entering or stopping in a bus lane to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
a vehicle crossing a bus lane in order to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane;
d
a vehicle being in a bus lane to such an extent and for such a time as is needed to comply with any requirement resulting from the works or an emergency in any part of the road adjoining the bus lane;
e
a vehicle being used for ambulance, fire brigade or police purposes;
f
a vehicle stopping in a bus lane if it has lawfully entered the bus lane and it has to stop —
i
by law;
ii
to avoid an accident;
iii
in circumstances beyond the drivers control;
g
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
6
Item 8 in the Schedule to The London Borough of Islington (Trunk Roads) Red Route (Bus Lane) Traffic Order 1997 is hereby suspended.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
21st November 1997


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the National Assistance (Sums for Personal Requirements) Regulations 1997 and shall come into force on 7th April 1997.
Sum needed for personal requirements
2
The sum which under section 22(4) of the National Assistance Act 1948 a local authority shall assume that a person will need for his personal requirements shall be £14.10 per week.
Revocation
3
The National Assistance (Sums for Personal Requirements) Regulations 1996 are hereby revoked.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State,
Department of Health
26th February 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Changes for England (Property Transfer) (Humberside) Order 1997 and shall come into force on 1st April 1998.
2
In this Order, “Humberside property” means property of the Humberside County Council which, on 1st April 1996, vested in the Local Government Residuary Body (England) (“the Residuary Body”) by virtue of regulation 6(10) of the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 .
Transfer of property
2
1
All Humberside property situated in the district of the East Riding of Yorkshire shall vest in the council of that district.
2
All Humberside property situated in the borough of North East Lincolnshire shall vest in the council of that borough.
3
All rights or liabilities of the Residuary Body exclusively in respect of any property vested by paragraph (1) or, as the case may be, (2) above shall vest in the council in which the property in question vests.
Signed by authority of the Secretary of State
Hilary Armstrong,
Minister of State
Department of the Environment, Transport and the Regions
28th November 1997


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


text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 1997 and shall come into force on the following dates —
articles 1 and 2 1st December 1997 article 3 1st January 1998.
2
Schedule 1 to the Value Added Tax Act 1994 shall be amended as follows —
a
in paragraphs 1(1)(a), 1(1)(b), 1(2)(a) and 1(2)(b) for “£48,000” there shall be substituted “£49,000”; and
b
in paragraphs 1(3), 4(1) and 4(2) for “£46,000” there shall be substituted “£47,000”.
3
Schedule 3 to the Value Added Tax Act 1994 shall be amended in paragraphs 1(1), 1(2), 2(1)(a), 2(1)(b) and 2(2) by substituting “£49,000” for “£48,000”.
Bob Ainsworth
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd July 1997


text:
Title and commencement
1
This Order may be cited as the Plant Health (Great Britain) (Amendment) (No. 2) Order 1997 and shall come into force on 1st January 1998.
Amendment of the Plant Health (Great Britain) Order 1993
2
1
The Plant Health (Great Britain) Order 1993 shall be amended in accordance with paragraphs (2) and (3) below.
2
In article 2(1) (Interpretation) for the definition of “Directive 95/44/ EC ” there shall be substituted the following —
“Directive 95/44/EC ” means Commission Directive 95/44/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 77/93/ EEC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections, as amended by Commission Directive 97/46/EC ;
.
3
In Schedule 16 there shall be inserted at the end the following —
Council Directive 97/3/EC OJ No. L27, 30.1.97, p. 30. Commission Directive 97/46/EC OJ No. L204, 31.7.97, p. 43.
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
4th 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


text:
Commencement and citation
1
This Order may be cited as the A205 Trunk Road (Lewisham) Red Route (Bus Lane) ( No. 2) Experimental Traffic Order 1997, and shall come into force on 24th October 1997.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “bus lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“dial-a-ride bus” means a vehicle —
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
g
“times of operation” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the times specified in that item in column (3) of that table;
h
“permitted vehicles” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the vehicles specified in that item in column (5) of that table;
i
an entry in column (3) , (4) or (5) of an item in the table in the schedule to this order applies to that column in subsequent items in that schedule.
Bus Lane Controls
3
1
No person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in the schedule to this Order during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
The controls specified in paragraph (1) of this article do not apply so as to prevent a vehicle stopping in a bus lane for as long as may be necessary —
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded onto or unloaded from the vehicle;
if and insofar as the activity is not prohibited by the provisions of any other order.
Exemptions
4
1
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within the exemption to a restriction or prohibition imposed by any other order made under the Road Traffic Regulation Act 1984 or which is permitted by any other order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle stopping in a bus lane if the vehicle is being used in —
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or aparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane and insofar as the activity is not prohibited by the provisions of any other order made under the Road Traffic Regulation Act 1984.
3
The controls specified in article 3(1) do not apply in respect of —
a
a vehicle entering or stopping in a bus lane so as to avoid an accident;
b
a vehicle entering or stopping in a bus lane to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
a vehicle crossing a bus lane in order to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane;
d
a vehicle being in a bus lane to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane;
e
a vehicle being used for ambulance, fire brigade or police purposes;
f
a vehicle stopping in a bus lane if it has lawfully entered the bus lane and it has to stop —
i
by law;
ii
to avoid an accident;
iii
in circumstances beyond the drivers control;
g
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interest of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
TRO 347
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
10th October 1997


text:
Citation, commencement and application
1
1
This Order may be cited as the the Staffordshire County Council (City of Stoke-on-Trent) (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 Staffordshire (City of Stoke-on-Trent) (Structural and Boundary Changes) 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 Staffordshire County Council (City of Stoke-on-Trent) (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 Stoke-on-Trent City Council, one copy with the Staffordshire 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 Staffordshire County Council;
b
whose employment would continue but for the transfer of functions to the City of Stoke-on-Trent; 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 Stoke-on-Trent City 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 by cited as the Railway Heritage Scheme Order 1997 and shall come into force on 12th February 1997.
2
The Scheme set out in the Schedule to this Order shall have effect.
3
The Railway Heritage Scheme Order 1994 is hereby revoked.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
10th January 1997


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) (No. 2) Regulations 1997 and shall come into force on 16th July 1997.
Preliminary
2
The Motor Vehicles (EC Type Approval) Regulations 1992 shall be further amended in accordance with the following provisions of these Regulations.
Amendment to Regulation 2 (Interpretation)
3
In regulation 2(1), after the definition of “the 1980 Regulations” there shall be inserted the following —
“the 1984 Regulations ” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 ;
.
Amendments to Regulation 10 (Conditions for grant of first licence or registration)
4
In regulation 10, paragraph (3) shall be amended as follows —
a
the word “or” immediately after sub-paragraph (a) shall be omitted;
b
after sub-paragraph (b) there shall be inserted the following sub-paragraphs —
c
a Minister’s approval certificate which has been issued under section 58(4) of the 1988 Act has effect with respect to the vehicle and is —
i
in a form prescribed by regulation 9(4) of the 1984 Regulations, or
ii
endorsed in accordance with regulation 9(6) of the 1984 Regulations;
d
the vehicle falls within regulation 3(2)(g) of the 1984 Regulations; or
e
sections 63, 65 and 65A of the 1988 Act have become applicable to the vehicle after a period of use on roads during which, by virtue of section 183(2) of the 1988 Act (which relates to vehicles in the service of the Crown), those sections did not apply to it.
End of Series Vehicle
5
After regulation 10, there shall be inserted the following —
End of series vehicles
10A
1
This regulation applies to an EC vehicle type approval if —
a
it has been granted by the Secretary of State or under any provision of the law of a member State other than the United Kingdom giving effect to Article 4 of the Directive; and
b
the Secretary of State is satisfied that it is going to cease to have effect as a consequence of one or more of the separate Directive approvals referred to in its information package being no longer valid.
2
Subject to sub-paragraph (3), in such a case the Secretary of State may, at the request of the holder of the EC vehicle type approval to which this regulation applies, direct that every relevant EC certificate of conformity shall continue to have effect for the purposes of —
a
Part II of the 1988 Act,
b
Part IV of the 1981 Order , and
c
this Part of these Regulations,
for the period of 12 months beginning with the date on which the EC type approval ceases to have effect in the case of complete vehicles and for the period of 18 months beginning with that date in the case of completed vehicles.
3
Such a direction —
a
may be given only at a time when the EC type approval has effect;
b
shall cease to have effect if —
i
the EC type approval is withdrawn under regulation 8(2), or
ii
the EC type approval is withdrawn under any provision of the law of a member State other than the United Kingdom giving effect to Article 4 of the Directive, or
iii
otherwise ceases to have effect for a reason other than that referred to in sub-paragraph (1)(b), and
c
shall have effect subject to regulations 8(6) and 9.
4
For the purposes of paragraph (2), an EC certificate of conformity is a relevant EC certificate of conformity in relation to an EC type approval (as from the time that the EC type approval ceases to have effect) if the vehicle to which it relates is an end of series vehicle.
5
If, following a request by a holder of EC type approval, the Secretary of State refuses to exercise his powers under paragraph (2), he shall give notice of his decision to the holder.
6
In this regulation, “end of series vehicle” has the meaning given by Schedule 1A.
Amendment to Regulation 12 (Duty to give reasons etc. )
6
In regulation 12, the word “or” immediately after sub-paragraph (c) shall be omitted and after “or (11)” in sub-paragraph (d) there shall be inserted —
, or
e
regulation 10A(5)
.
Definition of “End of Series Vehicle”
7
After Schedule 1, there shall be inserted the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under Secretary of State,
Department of Transport
11th June 1997


text:
1
This Order may be cited as the Dangerous Dogs (Amendment) Act 1997 (Commencement) Order 1997.
2
The Dangerous Dogs (Amendment) Act 1997 shall come into force on 8th June 1997.
Tom Sackville
Parliamentary Under-Secretary of State
Home Office
3rd April 1997


text:
Title and commencement
1
This Order may be cited as The Importation of Bees Order 1997 and shall come into force on 17th March 1997.
Interpretation
2
In this Order —
“bees” means any member of the genus Apis and includes bees in any stage of their life cycle;
“bee pests” means any organisms or pathogens which are injurious to bees or any cultures of such organisms or pathogens;
“the responsible Minister” means in relation to England, the Minister of Agriculture, Fisheries and Food and in relation to Scotland and Wales, the Secretary of State.
Prohibition of importation of bees
3
Subject to the exemptions provided in articles 4, 5 and 6 below, the importation of bees or bee pests into Great Britain is prohibited.
Importation of bees from another member State
4
1
Subject to the following provisions of this article, the prohibition in article 3 above shall not apply to the importation by way of trade from another member State of bees of the species Apis melifera .
2
Any person who imports bees in accordance with paragraph (1) above shall ensure that —
a
the importation meets the requirements of Article 8 of Council Directive 92/65/ EEC (laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC ), in addition to the requirements of the Animals and Animal Products (Import and Export) Regulations 1995 ; and
b
the final destination of the bees is within an area of Great Britain which has been declared under article 8 of The Bee Diseases Control Order 1982 to be an area in which the presence of varroasis has been confirmed, and is accordingly an infected area within the meaning of that Order;
and for the avoidance of doubt it is declared that the prohibition in article 3 above shall continue to apply in any area which has not been declared to be an infected area.
General licences
5
1
The responsible Minister may issue general licences exempting the importation of bees or bee pests from the prohibition imposed by article 3 above.
2
A licence issued under paragraph (1) above —
a
shall be published in such manner as the responsible Minister may decide;
b
shall authorise generally the importation of bees or bee pests from any country named in it;
c
may be issued subject to conditions which may be varied from time to time; and
d
may be suspended or revoked at any time.
Specific licences
6
1
The responsible Minister, or any person authorised by him for the purpose, may issue specific licences exempting the importation of bees or bee pests from the prohibition imposed by article 3 above.
2
A licence issued under paragraph (1) above —
a
shall be issued to a named person;
b
shall be valid for a specified period not exceeding three years;
c
shall specify the country or countries from which bees or bee pests may be imported;
d
may be issued subject to conditions, which may be varied from time to time; and
e
may be suspended or revoked in accordance with the procedure set out in article 7 below.
Suspension and revocation of specific licences
7
1
Before suspending or revoking a specific licence the responsible Minister shall —
a
inform the licence holder that he is considering suspending or revoking the licence;
b
give reasons for the consideration formed at sub-paragraph (a) above;
c
invite the licence holder to submit written or oral representations within a specified period; and
d
take account of any such representations submitted.
2
The responsible Minister shall inform the licence holder of his decision and the grounds on which it was taken.
3
A licence holder to whom the provisions of this article apply may continue to use the licence until such time as he is informed that a decision suspending or revoking it has been taken in accordance with paragraph (2) above.
Revocations
8
The instruments listed in the Schedule to this Order are hereby revoked.
Douglas Hogg
Minister of Agriculture, Fisheries and Food
10th February 1997
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
10th February 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
11th February 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leasehold Valuation Tribunals (Fees) Order 1997 and shall come into force on 1st September 1997.
2
In this Order —
“applicant” means —
the person who makes an application to a tribunal, and
the person who is the plaintiff or applicant in proceedings before a court which are transferred by order of the court to a tribunal;
“application” means an application to the tribunal under —
section 19 of the Landlord and Tenant Act 1985 (determination of reasonableness of service charges) ,
section 20C of that Act (limitation of service charges: costs of proceedings) ,
paragraph 8 of the Schedule to that Act (right to challenge landlord’s choice of insurers) ,
Part II of the Landlord and Tenant Act 1987 (appointment of manager by leasehold valuation tribunal) , or
transferred proceedings;
“hearing” means a hearing before a tribunal to determine an application to a tribunal, transferred proceedings or a representative application but, for the purposes of the payment of a fee for a hearing, does not include a pre-trial review, a hearing of an objection to a proposal to hear a representative application, a hearing to consider dismissing an application as frivolous or vexatious, or any other interim hearing;
“representative application” means an application which a tribunal has determined to hear as representative of numerous applications which concern or include the same or substantially the same matters;
“transferred proceedings” means proceedings which a county court has transferred to a tribunal for determination;
“tribunal” means a leasehold valuation tribunal; and
references to the 1985 Act are references to the Landlord and Tenant Act 1985 and references to the 1987 Act are references to the Landlord and Tenant Act 1987.
Fees: applications
2
1
Subject to paragraph (2) and article 5, a fee of £150 shall be payable for an application to a tribunal —
a
under section 19(2A) of the 1985 Act (determination of reasonableness of past service charges),
b
under section 19(2B) of that Act (determination of reasonableness of future service charges),
c
under paragraph 8(2) of the Schedule to that Act (right to challenge landlord’s choice of insurers);
d
for an order under section 24(1) of Part II of the 1987 Act (appointment of a manager), or
e
for an order under section 24(9) of that Part (variation or discharge of order appointing a manager).
2
Only one fee of £150 shall be payable for an application which relates to more than one of the following —
a
section 19(2A) of the 1985 Act (determination of reasonableness of past service charges),
b
section 19(2B) of that Act (determination of reasonableness of future service charges),
c
paragraph 8 of the Schedule to that Act (right to challenge landlord’s choice of insurers).
Fees: applications transferred from court
3
Subject to article 5, where a court transfers proceedings to a tribunal for determination , the fee payable to the tribunal shall be £150 less the total amount of fees paid by the applicant to the court up to and including the date of the order to transfer the proceedings to the tribunal; where the total fees paid to the court are at least £150 no fee shall be payable to the tribunal on the transfer of such proceedings.
Fees: hearings
4
1
Subject to article 5 and paragraph (2), the following fees shall be payable for a hearing, other than a hearing of a representative application and any application heard with a representative application —
a
for a hearing of one application —
i
which relates to only one of the provisions specified in article 2(1) the fee shall be that specified in paragraphs 1 to 3 of the Schedule in respect of the particular application, and
ii
which relates to two or more of the provisions specified in article 2(2) the fee shall be that specified for a hearing to determine the reasonableness of a service charge in paragraph 1 of the Schedule, and
b
for a hearing where more than one application are heard together the fee shall be that specified in paragraph 4 of the Schedule.
2
Subject to article 5, the following fees shall be payable for a hearing of a representative application and any application heard with the representative application —
a
for a representative application the fee shall be that specified in paragraph 5(1) of the Schedule, and
b
for an application heard with a representative application the fee shall be that specified in paragraph 5(2) of the Schedule.
3
Subject to article 5, in any case where only part of an application is or will be determined at, or in accordance with, a hearing of a representative application and part is to be determined at a separate hearing, the fee for that part which is heard separately shall be the fee specified in paragraph 5(3) of the Schedule.
4
In any case where two or more applications are heard together, including applications heard with a representative application, an applicant shall not be required to pay an amount in excess of the hearing fee which he would have been liable to pay if the matter was heard separately.
Reduction and waiver of fees
5
1
A person shall not be liable to pay a fee for an application to a tribunal under article 2 or on the transfer of proceedings from a court to a tribunal under article 3 where at the time, as the case may be, of the application or the order for the transfer, he or his partner is in receipt of —
a
any of the following benefits under Part VII of the Social Security Contributions and Benefits Act 1992 —
i
family credit,
ii
income support,
iii
disability working allowance,
iv
housing benefit,
b
an income-based jobseeker’s allowance within the meaning of section 1 of the Jobseekers Act 1995 , or
c
a civil legal aid certificate —
i
which has been issued in accordance with the Civil Legal Aid (General) Regulations 1989 and which has not been revoked or discharged, and
ii
which is in respect of those proceedings the whole or part of which have been transferred from the county court for determination by a tribunal.
2
A person shall not be liable to pay the hearing fee referred to in article 4 if —
a
at the time of the application to the tribunal or on the date of the order to transfer proceedings from a court to a tribunal, or
b
at the time when payment of the hearing fee is requested,
he or his partner is in receipt of a benefit, an allowance or a legal aid certificate specified in paragraph (1).
3
For the purposes of this article “partner” in relation to a person, means that person’s spouse or a person other than a spouse with whom he or she lives as husband or wife.
Persons liable for fees
6
1
Subject to article 5 and the following provisions of this article, the applicant shall pay the fee.
2
In any case where an application is made or transferred proceedings are brought by more than one person —
a
subject to sub-paragraph (b), the fee shall be apportioned equally between such persons,
b
where more than one person is the tenant or the landlord of a dwelling and such tenant or landlord makes an application or brings proceedings for the purposes of the apportionment such tenant or landlord shall be regarded as one person.
3
The fee for the hearing of more than one application, other than cases which are heard with a representative application, shall be apportioned equally between the applications and, subject to the provisions of paragraphs (2), (5) and (6), the applicant in each application shall pay one portion.
4
The fee for the hearing of a representative application and any application heard with the representative application shall be apportioned equally between —
a
the representative application,
b
all other applications which, at the time of the request for payment of the fee, are to be determined in whole or in part in accordance with the representative application, and
c
any application heard with the representative application,
and, subject to the provisions of paragraphs (2), (5) and (6), the applicant in each case shall pay one portion of the fee.
5
Where a person is not liable to pay a fee by virtue of article 5 the following provisions shall apply —
a
where more than one person is the applicant and at least one person is liable to pay a fee, such fee shall be reduced rateably in accordance with the number of persons who would have been liable but for article 5,
b
where more than one person is the applicant and at least one person is liable to pay a portion of a fee by virtue of paragraphs (2) to (4), such portion shall be reduced rateably in accordance with the number of persons who would have been liable but for article 5.
6
The amount payable shall be calculated in accordance with the provisions of this article and by reference to the persons who are applicants on the date when the request for payment is issued by the tribunal.
Payment of fees
7
1
A fee shall be payable within 14 days of the date on which the request for payment was issued by the tribunal and shall be paid to the address specified in the request for payment.
2
The fee shall be paid in cash or by a cheque or postal order drawn in favour of the Department of the Environment, Transport and the Regions where the application is to be heard by a tribunal sitting in England and in favour of the Welsh Office where the application is to be heard by a tribunal sitting in Wales.
Reimbursement of Fees
8
1
Subject to paragraph (2), a tribunal may require any party to the proceedings to reimburse any other party to the proceedings the whole or part of any fees paid by him in respect of the proceedings.
2
A tribunal shall not require a party to make such reimbursement if, at the time the tribunal is considering making such a requirement, the tribunal is satisfied that the party is in receipt of any of the benefits or the allowance referred to in article 5(1) or a legal aid certificate within article 5(1)(c).
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
25th July 1997
R. Davies
Secretary of State for Wales
28th July 1997


text:
1
These Rules may be cited as the Value Added Tax Tribunals (Amendment) Rules 1997 and shall come into force on 1st March 1997.
2
In these Rules, a rule referred to by number alone means the rule so numbered in the Value Added Tax Tribunals Rules 1986 .
3
In the Arrangement of Rules of the Value Added Tax Tribunals Rules 1986 —
a
in the entries relating to rules 7 and 8, for “a section 13” there shall be substituted “an evasion”; and
b
after the entry relating to rule 8 there shall be inserted: —
8A
Further provisions about statements of case.
.
4
In rule 2 —
a
after the definition of the 1985 Act there shall be inserted —
“the 1994 Act ” means the Finance Act 1994 ;
“the 1996 Act ” means the Finance Act 1996 ;
;
b
in the definition of “appellant”, for “the Finance Act 1994” there shall be substituted “the 1994 Act or section 55 of the 1996 Act”;
c
in the definition of “chairman”, for the number “8” there shall be substituted “12”;
d
in the definition of “date of notification”, after “or” there shall be inserted “a”;
e
in the definition of “evasion penalty appeal”, for “, the Finance Act 1994” there shall be substituted “the 1994 Act or paragraph 18 or 19 of Schedule 5 to the 1996 Act”;
f
in the definition of “mitigation appeal”, for “on the grounds” to the end there shall be substituted —
on grounds confined to those set out in section 13(4) of the 1985 Act (in respect of penalties imposed before 27th July 1993), or with respect to the amount of a penalty or (as the case may be) interest solely under section 70 of the Act, section 8(4) of or paragraph 13 of Schedule 7 to the 1994 Act or paragraph 25 or 28 of Schedule 5 to the 1996 Act;
;
g
in the definition of “the President”, for “duties” there shall be substituted “Duties”;
h
in the definition of “reasonable excuse appeal” —
i
for “the liability to or the amount of a” there shall be substituted “any liability to or the amount of any”;
ii
for “65” there shall be substituted “65(3)”;
iii
for “66” there shall be substituted “66(7)”;
iv
for the words from “sections 9” to the end there shall be substituted “section 10(4) or 11(4) of or any of paragraphs 14(3), 15(5), 16(4), 17(3), 18(2) or 19(4) of Schedule 7 to the 1994 Act;”;
i
in the definition of “Vice-President”, for “ VAT and duties tribunals” there shall be substituted “the VAT and Duties Tribunals”.
5
In the headings of rules 7 and 8, for “a section 13” there shall be substituted “an evasion”.
6
After rule 8, there shall be inserted —
Further provisions about statements of case
8A
Where on an appeal against a decision with respect to an assessment or the amount of an assessment the Commissioners wish to contend that an amount specified in the assessment is less than it ought to have been, they shall so state in their statement of case in that appeal, indicating the amount of the alleged deficiency and the manner in which it has been calculated.
.
7
1
In rule 9(1), “ — (1)” shall be omitted.
2
Rule 9(2) shall be omitted.
8
In rule 16(2), after “the Act”, there shall be inserted “or under section 56(3), (4) or (5) of the 1996 Act”.
9
In rule 19(3A), after “the Act” there shall be inserted “or paragraph 19 of Schedule 5 to the 1996 Act”.
10
In rule 20(1A), for “the Finance Act 1994” there shall be substituted “the 1994 Act or section 54 of the 1996 Act”.
11
In rule 21(4) the words “at the appropriate tribunal centre”, occurring after “notification of such witness statement”, shall be omitted.
12
In rule 23 —
a
in paragraph (1), before “place” there shall be inserted “the”; and
b
after paragraph (3) there shall be inserted —
4
A proper officer shall send a notice stating the date and time when, and the place where, a hearing for the purpose of giving directions relating to an appeal will take place to the parties to the appeal which, unless the parties otherwise agree, shall be not earlier than 14 days after the date on which the notice is sent.
.
Mackay of Clashfern, C.
Dated 7th February 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Non-Domestic Rating (Rural Settlements) (England) Order 1997 and shall come into force on 19th December 1997.
2
In this Order “the 1988 Act ” means the Local Government Finance Act 1988.
Designation of rural areas
2
1
There are designated as rural areas for the purposes of section 42A (rural settlement lists) of the 1988 Act —
a
each parish, and each unparished area, mentioned or described in either of the Schedules to each of the housing orders, and
b
each area mentioned or described in article 2(c) of each of those orders specified in Part 1 of Schedule 1,
including any part of such an area which is, by virtue of its omission from the area delineated on any map referred to in such an order, not designated by such an order as a rural area;
c
the parishes named in the second column of Part 1 of Schedule 2 in the counties named in the first column, and
d
the areas described in Part 2 of that Schedule.
2
In this article —
‘the housing orders’ means the orders specified in Parts 1 and 2 of Schedule 1, being orders designating rural areas for the purposes of section 17 (the right to acquire) of the Housing Act 1996 and section 1AA(3)(a) (additional right to enfranchise) of the Leasehold Reform Act 1967 , and
references to grid lines are to lines on the Ordnance Survey National Grid.
Rateable value limits
3
1
£5,000 is the amount prescribed as the maximum amount of rateable value for the purposes of section 43(6B)(b) (mandatory relief for general stores and post offices) of the 1988 Act.
2
£10,000 is the amount prescribed as the maximum amount of rateable value for the purposes of section 47(3A)(b) (discretionary relief in rural areas) of the 1988 Act.
3
This article applies in relation to hereditaments shown in local non-domestic rating lists for billing authorities in England.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
21st November 1997


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (West Penwith) Designation Order 1997 and shall come into force on 1st July 1997.
Interpretation
2
1
In this Order —
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements referred to in article 5(3);
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“conservation plan” has the meaning given to it in article 5(5);
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;
“recognised dairy breed” means one of the following breeds of cattle, namely Ayrshire, British Fresian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry; and
“rough land” means heathland, wetland, semi-natural grassland or scrub.
2
Any reference in this Order to a numbered article or Schedule (with no corresponding reference to a specific instrument) is a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in West Penwith in the County of Cornwall which is shown coloured yellow on the maps contained in the volume of maps marked “Volume of maps of the West Penwith Environmentally Sensitive Area” dated 4th June 1997 signed by the Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, at Noble House, 17 Smith Square, London SW1P 3JR.
Requirements and provisions of agreement
4
1
The requirements as to agricultural practices, methods and operations and the installation or use of equipment which must be included in an agreement are those specified in Schedule 1.
2
The provisions relating to additional matters in respect of which the Minister may make payments in accordance with article 5 are specified in Schedules 2, 3, 4 and 5.
Rates of payment under agreement
5
1
The Minister may make payments under an agreement in consideration of the requirements included pursuant to article 4(1), up to the maximum rate per annum set out in Part I of Schedule 6 for each hectare of land to which the agreement relates.
2
Where an agreement contains the additonal provisions specified in either or both of Schedule 2 or Schedule 3, the Minister may make payments in consideration of those provisions up to the maximum rate per annum for each hectare of land which under the agreement is subject to those provisions, as set out opposite the reference to the Schedule in question in Part II of Schedule 6.
3
An agreement may include the requirements as to public access specified in Schedule 4 and, where it does so, the Minister may make payments in consideration of those requirements up to the maximum rate per annum set out in Part III of Schedule 6 for each hectare of access route.
4
Where an agreement includes a conservation plan, the Minister may also make payments in consideration of the operations included in the plan up to the maximum sum set out in Part IV of Schedule 6.
5
For the purposes of paragraph (4) of this article, a conservation plan means a plan which the farmer undertakes or has undertaken as part of an agreement to implement within a period of two years, for the carrying out of one or more of the operations specified in Schedule 5.
6
In this article and Schedule 6 any reference to a payment rate in relation to any unit of measurement includes a proportionate rate for a proportionate part of that unit.
Revocation, saving and amendment
6
1
The Environmentally Sensitive Areas (West Penwith) Designation Order 1986 is, in so far as it was made under section 18 of the Agriculture Act 1986, hereby revoked except that the provisons of that Order so made, as amended in accordance with Schedule 7, shall continue to apply to agreements made before the coming into force of this Order in relation to land within the area designated by that Order.
2
The Environmentally Sensitive Areas (West Penwith) Designation (Amendment) Order 1992 , the Environmentally Sensitive Areas (West Penwith) Designation (Amendment) ( No. 2) Order 1994 and the Environmentally Sensitive (West Penwith) Designation (Amendment) Order 1996 are hereby revoked, but not so as to affect the exception referred to in paragraph (1) if this article.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th June 1997
We consent
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty's
5th June 1997


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 1997.
2
This Order shall come into force on 1st January 1998.
The revaluation percentage for each revaluation period
2
For the purposes of paragraph 2(1) of Schedule 3 to the Pension Schemes Act 1993, the revaluation percentage for each revaluation period specified in column 1 below is the appropriate percentage specified in column 2.
Column 1 Column 2 Revaluation period Revaluation percentage
1st January 1986–31st December 1997 67.1% 1st January 1987–31st December 1997 62.1% 1st January 1988–31st December 1997 55.5% 1st January 1989–31st December 1997 47.1% 1st January 1990–31st December 1997 36.8% 1st January 1991–31st December 1997 23.3% 1st January 1992–31st December 1997 18.5% 1st January 1993–31st December 1997 14.3% 1st January 1994–31st December 1997 12.3% 1st January 1995–31st December 1997 09.9% 1st January 1996–31st December 1997 05.8% 1st January 1997–31st December 1997 03.6%
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
25th November 1997


text:
Title and commencement
1
This Scheme may be cited as the Farm Woodland (Amendment) Scheme 1997 and shall come into force on the day after the day on which it is made or 1st April 1997 if later.
Amendment of the Farm Woodland Scheme 1988
2
1
The Farm Woodland Scheme 1988 shall be amended in accordance with the following sub-paragraphs of this paragraph.
2
Paragraph 3(2)(b) (requirements for entry into the Scheme) shall be deleted except for the word “; and” at the end.
3
In paragraph 8 (requirements for persons taking part in the Scheme) —
a
in each of sub-paragraphs (1)(c) and (d), after the words “agricultural business” there shall be added the words “, if any,”; and
b
sub-paragraph (2) shall be deleted.
4
Schedule 1 (rates of grant for categories of woodlands) shall be replaced by the following Schedule —


text:
1
This Order may be cited as the Northern Ireland Act 1974 (Interim Period Extension) Order 1997, and shall come into force forthwith.
2
The interim period specified by section 1(4) of the Northern Ireland Act 1974 shall continue until 16th July 1998.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
11th July 1997


text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Contract for Work) Regulations 1997 and shall come into force on 23rd June 1997.
2
These Regulations shall cease to have effect on 22nd June 1998, unless revoked with effect from an earlier date.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the Act”means the Jobseekers Act 1995 ;
“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 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;
“Contract for 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 Contract for Work and consisting of a programme lasting for any individual for 26 weeks and which includes for that individual any one or more of work experience, vocational training and jobsearch help and training;
“employment officer”means a person who is an employment officer for the purpose of section 19 of the Act;
“the Jobseeker’s Allowance Regulations”means the Jobseeker’s Allowance Regulations 1996 ;
“making a claim for jobseeker’s allowance”includes treated as making 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 .
Application
3
1
These Regulations 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 interview to discuss prospects of work to take place on or after the date when these Regulations come into force at an office of the Department for Education and Employment which is identified in the Schedule,
b
is or was aged 18 or over as at the date on which he receives or received that notice,
c
has made a claim for jobseeker’s allowance as at the date on which he received that notice and
d
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
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).
Availability
4
In relation to a person to whom these Regulations apply, there shall be inserted into paragraph (1) of regulation 14 of the Jobseeker’s Allowance Regulations the following sub-paragraph —
o
notwithstanding regulation 15(a), where it applies to him, if he is participating in 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 Contract for Work and is not receiving a training allowance.
.
Sanction
5
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, Contract for 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 Contract for 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 subparagraph (ii) of regulation 69(a) of the Jobseeker’s Allowance Regulations there shall be substituted the following —
ii
either —
aa
where the determination mentioned in subparagraph (i) does not relate to Contract for Work, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) or
bb
where the determination mentioned in subparagraph (i) relates to Contract for 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 Contract for Work, and
.
Good Cause
6
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 these Regulations apply is to be regarded as having good cause for any act or omission in relation to Contract for Work for the purposes of section 19(5)(b) where
a
there is no place available for him on Contract for Work; or
b
he has already participated in Contract for Work for one continuous period of 26 weeks or for two or more periods amounting in total to 26 weeks.
Eric Forth
Minister of State,
Department for Education and Employment
10th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 1997 and shall come into force on 3rd March 1997.
Preliminary
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended in accordance with the following provisions of these Regulations.
Amendment to regulation 3 (interpretation)
3
1
Regulation 3(1) shall be amended as follows.
2
For the definition of “goods vehicle testing station” there shall be substituted–
“goods vehicle testing station” means a station provided by the Secretary of State under section 52(2) of the Road Traffic Act 1988;
.
3
For the definition of “vehicle testing station” there shall be substituted–
“vehicle testing station” means premises at which the Secretary of State has authorised an examiner to carry out examinations, premises provided by a designated council or the Secretary of State for carrying out examinations, or premises for the time being designated by the Secretary of State under section 8(3) of the 1981 Act .
4
After the definition of “normal working week” there shall be inserted the following definition–
“out of hours” means at any time either–
on any day which is a Saturday, Sunday, Good Friday, Christmas Day or a Bank holiday (as defined in the Banking and Financial Dealings Act 1971) ; or
on any other day, other than between–
8.00 am and 5.00 pm on a Monday to Thursday inclusive, or
8.00 am and 4.30 pm on a Friday;
.
Amendments relating to fees
4
1
In regulation 20(1)(e)(i) for “12” there shall be substituted “16” and for “£40.30” there shall be substituted “£39.70”.
2
For paragraph (2A) of regulation 20 there shall be substituted the following paragraphs–
2A
Subject to paragraph (2B), where, in the case of a vehicle in Class VI , the time appointed for an examination is, at the applicant’s request, out of hours, the fee payable for the examination shall be increased by £27.50 in the case of a vehicle which is constructed or adapted to carry more than 16 passengers, and £20.00 in any other case, such additional amount being payable at or before the time of the appointment.
2B
Where, in the case of a vehicle in Class VI, the vehicle testing station appointed for an examination is, at the applicant’s request, one which was designated under section 8(3) of the 1981 Act after 10th April 1995, the fee payable for the examination shall be increased, or, in a case where paragraph (2A) applies, further increased, by £6.25, such additional amount being payable at or before the time of the appointment.
3
For paragraph (4) of regulation 20 there shall be substituted the following paragraph–
4
Where, on an examination of a vehicle of a description specified in column 1 of the Table, it is found that some or all of the prescribed statutory requirements are not complied with, or when, in the circumstances mentioned in regulation 16, a full examination of the braking system or systems of the vehicle is not carried out, then the fee payable in respect of a further examination–
a
subject to sub-paragraph (c), in a case where the time appointed for the further examination is, at the applicant’s request, out of hours, shall be as shown in column 3 of the Table in relation to a vehicle of that description;
b
subject to sub-paragraph (c), in a case where the vehicle testing station appointed for an examination is, at the applicant’s request, one which was designated under section 8(3) of the 1981 Act after 10th April 1995, shall be as shown in column 4 of the Table in relation to a vehicle of that description;
c
in a case where both sub-paragraph (a) and (b) apply, shall be as shown in column 5 of the Table in relation to a vehicle of that description, and
d
in any other case, shall be as shown in column 2 of the Table in relation to a vehicle of that description.
TABLE
FEES RELATING TO THE RE-EXAMINATION OF VEHICLES IN CLASS VI
Column 1 Column 2 Column 3 Column 4 Column 5 Description of Vehicle Normal Fee Out of Hours Fee Designated Premises Fee Out of Hours at Designated Premises Fee
Vehicles in Class VI constructed or adapted to carry more than 16 passengers.
a
£19.00, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or
b
£39.70, in any other case.
a
£32.75, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£67.20, in any other case.
a
£22.50, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£45.95, in any other case.
c
£36.25, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£73.45, in any other case.
Other vehicles in Class VI
a
£13.60, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or
b
£28.20, in any other case.
a
£23.60, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£48.20, in any other case
a
£17.10, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£34.45, in any other case.
a
£27.10, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£54.45, in any other case.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
20th January 1997


text:
1
This Order may be cited as The A30 Trunk Road (Great South West Road, Hounslow) (Temporary Prohibition of Traffic) Order 1997 and shall come into force on the 3rd October 1997.
2
In this Order “Fagg’s Road”, “Hatton Road” and “Dick Turpin Way” means these roads so named in the London Borough of Hounslow.
3
This Order is made because the Traffic Director for London is satisfied that traffic on the roads, or lengths of road, mentioned in the schedule to this Order should be prohibited because works are being or are proposed to be executed on or near these roads or lengths of roads.
4
During the period starting at 21.30 hours on 3rd October 1997 and ending at 06.00 on 26th December 1997 or when those works have been completed, whichever is the sooner, subject to the provisions of article 5 below, no person shall cause or permit any vehicle to —
a
turn right on entering the A30 Great South West Road from Hatton Road;
b
proceed south bound into Fagg’s Road on entering the A30 Great South West Road from Hatton Road;
c
proceed north bound into Hatton Road on entering the A30 Great South West Road from Fagg’s Road;
d
remain at rest within the gap in the median strip of the A30 Great South West Road at its junction with Fagg’s Road and Hatton Road;
e
turn right on entering the A30 Great South West Road from Dick Turpin Way;
f
turn right into Dick Turpin Way from the A30 Great South West Road eastbound;
g
remain at rest within the gap in the median strip of the A30 Great South West Road at its junction with Dick Turpin Way.
5
1
The provisions of article 4 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 4 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.
TRO 351
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
3rd October 1997


text:
1
1
This may be cited as the A102(M) Motorway (Port Greenwich Development Connecting Roads) Scheme 1997 and shall come into force on 8th January 1998.
2
In this Scheme:
1
all measurements of distance are measured along the routes of the relevant highways;
2
i
“connecting roads” means special roads along the routes described in the Schedule to this Scheme;
ii
“the plan” means the plan contained in the plan folio numbered LRO-B 64/E5330/5/3 marked “The A102(M) Motorway (Port Greenwich Development Connecting Roads) Scheme 1997”, signed by authority of the Secretary of State for Transport and deposited at the Highways Agency, St Christopher House, Southwark Street, London SE1 0TE; and
iii
“the special roads” means the Motorway and each connecting road.
3
The Secretary of State is authorised to provide the connecting roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the connecting roads is indicated by a heavy black line on the plan.
5
Each of the connecting roads shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
R T Thorndike
Director Network and Customer Services (London) Highways Agency
8th December 1997


text:
1
1
These Regulations may be cited as the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997 and shall come into force on 1st January 1998.
2
These Regulations extend to Northern Ireland only.
3
In these Regulations, the expression “ the Act ” means the Criminal Procedure and Investigations Act 1996.
2
Subject to regulations 4,5 and 6, the relevant period for section 5 of the Act (compulsory disclosure by accused) is a period beginning with the day on which the prosecutor complies, or purports to comply, with section 3 of that Act and ending with the expiration of 21 days from that day.
3
Subject to regulations 4,s and 6, the relevant period for section 6 of the Act (voluntary disclosure by accused) is a period beginning with the day on which the prosecutor complies, or purports to comply, with section 3 of that Act and ending with the expiration of 14 days from that day.
4
1
The periods referred to in regulations 2 and 3 shall, if the court so orders, be extended by so many days as the court specifies.
2
The court may only make such an order if an application which complies with paragraph (3) below is made by the accused before the expiration of the periods referred to in regulations 2 and 3.
3
An application under paragraph (2) above shall —
a
state that the accused believes, on reasonable grounds, that it is not possible for him to give a defence statement under section 5 or, as the case may be, 6 of the Act during the periods referred to in regulations 2 and 3 respectively;
b
specify the grounds for so believing; and
c
specify the number of days by which the accused wishes that period to be extended.
4
The court shall not make an order under paragraph (1) above unless it is satisfied that the accused cannot reasonably give or, as the case may be, could not reasonably have given a defence statement under section 5 or, as the case may be, 6 of the Act during the periods referred to in regulations 2 and 3 respectively.
5
The number of days by which the periods referred to in regulations 2 and 3 may be extended shall be entirely at the court’s discretion.
5
1
Where the court has made an order under regulation 4(1), the periods referred to in regulations 2 and 3 as extended in accordance with that order shall, if the court so orders, be further extended by so many days as the court specifies.
2
Paragraphs (2) to (5) of regulation 4 shall, subject to paragraph (4) below, apply for the purposes of an order under paragraph (1) above as they apply for the purposes of an order under regulation 4(1).
3
There shall be no limit on the number of applications that may be made under regulation 4(2) as applied by paragraph (2) above; and on a second or subsequent such application the court shall have the like powers under paragraph (1) above as on the first such application.
4
In the application of regulation 4(2) to (5) in accordance with paragraph (2) above, any reference to the periods referred to in regulations 2 and 3 shall be construed as a reference to those periods as extended or, as the case may be, further extended by an order of the court under regulation 4(1) or paragraph (1) or (3) above.
6
1
Where the periods referred to in regulations 2 and 3 or those periods as extended or, as the case may be, further extended by an order of the court under regulation 4(1) or 5(1) or (3) would, apart from this regulation, expire on any of the days specified in paragraph (2) below, that period shall be treated as expiring on the next following day which is not one of those days.
2
The days referred to in paragraph (1) above are Saturday, Sunday, Christmas Day, Good Friday and any day which under the Banking and Financial Dealings Act 1971 is a bank holiday in Northern Ireland.
Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
4th November 1997


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Miscellaneous Food Additives (Amendment) Regulations 1997 and shall come into force on 1st July 1997.
2
In these Regulations “the principal Regulations ” means the Miscellaneous Food Additives Regulations 1995 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 11 below.
3
In regulation 2(1) (interpretation) —
a
in the definition of “Directive 95/2/ EC ” there shall be inserted at the end the words “, as amended by European Parliament and Council Directive 96/85/EC ”;
b
after that definition there shall be inserted the following definition —
“Directive 96/77/EC ” means Commission Directive 96/77/EC laying down specific purity criteria on food additives other than colours and sweeteners;
;
c
there shall be substituted for the definition of “purity criteria” the following definition —
“purity criteria”, in relation to a miscellaneous additive, means —
in the case of a miscellaneous additive for which purity criteria are set out in the Annex to Directive 96/77/EC , those purity criteria;
in any other case, the purity criteria (if any) specified or referred to in Schedule 5;
.
4
In regulation 4 (use of miscellaneous additives in or on compound foods) there shall be substituted for paragraph (1) the following paragraph —
1
Subject to paragraphs (3) and (4) below, where a permitted miscellaneous additive is present in or on a compound food and that compound food contains, as an ingredient, a food in or on which that miscellaneous additive was or could have been used without contravening any of the provisions of paragraphs (2) to (5) or (7) of regulation 3, that miscellaneous additive shall for the purposes of those paragraphs be deemed to have been used in or on that compound food without contravening any of the provisions of those paragraphs.
.
5
In regulation 8 (defence in relation to exports) there shall be substituted in paragraph (b) for the words “and Directive 95/2/EC ” the words “, Directive 95/2/EC and Directive 96/77/EC ”.
6
In regulation 9 (application of various provisions of the Act) there shall be inserted after paragraph (g) the following paragraph —
gA
section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2);
.
7
In regulation 11 (transitional provision and exemptions) —
a
there shall be inserted after paragraph (1) the following paragraph —
1A
In any proceedings for an offence under these Regulations in respect of any food additive or food, it shall be a defence to prove that —
a
the food additive or food concerned was put on the market or labelled before 1st July 1997, and
b
the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3(b) and (c), 5 and 11 of the Miscellaneous Food Additives (Amendment) Regulations 1997 had not been made when the food additive or, as the case may be, the food was put on the market or labelled.
;
b
there shall be substituted for paragraph (2) the following paragraph —
2
These Regulations shall not apply in respect of any food additive or, as the case may be, food which is brought into Great Britain having been lawfully put on the market or labelled in another member State before 25th March 1997.
;
c
in paragraph 3(a) the words “on or after 25th March 1997” shall be omitted;
d
in paragraph (4) there shall be substituted for the words “paragraphs (2) and (3) above” the words “paragraph (3) above”.
8
In Schedule 1 (miscellaneous additives generally permitted for use in foods not referred to in Schedule 6, 7 or 8) there shall be inserted after the entry relating to E 407 Carrageenan the following entry —
E 407a Processed eucheuma seaweed
.
9
In Schedule 2 (conditionally permitted preservatives and antioxidants) in Part C (other preservatives), there shall be inserted in column 1 (EC No. and name) immediately above the entry “E 235 Natamycin” a horizontal line.
10
In Schedule 3 (other permitted miscellaneous additives) —
a
in column 1 (EC No.) the entry “E 451” shall be realigned with the word “Triphosphates” in column 2 (name);
b
in the entries relating to E 420, E 421, E 953, E 965, E 966 and E 967 there shall be inserted between column 3 (food) and column 4 (maximum level) a dividing line;
c
at the end there shall be substituted for the entries relating to propane, butane and iso-butane the following entries —
Propane
Butane
Iso-Butane
Garlic flavoured oil spray for producing garlic bread and pizza
Vegetable oil pan spray for professional use only
Water-based emulsion sprays
quantum satis
.
11
In Schedule 5 (purity criteria) the entries relating to the miscellaneous additives listed in the Schedule to these Regulations shall be omitted.
Amendment of the Fruit Juices and Fruit Nectars Regulations 1977 and the Fruit Juices and Fruit Nectars (Scotland) Regulations 1977
12
In the Fruit Juices and Fruit Nectars Regulations 1977 and the Fruit Juices and Fruit Nectars (Scotland) Regulations 1977 there shall be substituted in the proviso to regulation 11(1) (permitted additional ingredients in fruit juice, concentrated fruit juice, dried fruit juice and fruit nectar) for sub-paragraph (a) the following sub-paragraph —
a
any such food may contain any permitted miscellaneous additive, so however that no fruit juice shall contain both added sugar and added acid;
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
28th May 1997
Signed by authority of the Secretary of State for Health:
Tessa Jowell
Minister of State for Public Health,
Department of Health
30th May 1997
Signed by authority of the Secretary of State for Wales:
Win Griffiths
Parliamentary Under — Secretary of State, Welsh Office
4th June 1997
Sewel
Parliamentary Under — Secretary of State, Scottish Office
2nd June 1997


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Christchurch Borough Council) Order 1997 and shall come into force on 2nd September 1997.
Exemption of information technology services
2
The provision of information technology services by the council of the borough of Christchurch shall not be treated as a defined activity so long as it is carried out by Dorset County Council between 1st April 1998 and 30th September 1998.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
4th August 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Originating Capital Debt) Order 1997 and shall come into force on 17th March 1997.
2
In this Order “the Schedule” means the Schedule to this Order.
Originating capital debt of NHS trusts
2
1
The originating capital debt of an NHS trust specified in column 1 of the Schedule shall be of the amount specified opposite it in column 2 of the Schedule.
2
Each originating capital debt specified in column 2 of the Schedule shall be divided between an initial loan of an amount specified opposite it in column 3 of the Schedule and public dividend capital of an amount specified opposite it in column 4 of the Schedule.
Stephen Dorrell
Secretary of State for Health
We consent, 4th March 1997
Gyles Brandreth
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 1997


text:
1
This Order may be cited as The A1 Trunk Road (Islington) Red Route Traffic Order 1993 Variation No. 3 Order 1997, and shall come into force on 12th February 1997.
2
The A1 Trunk Road (Islington) Red Route Traffic Order 1993 is varied as provided by the following provisions of this Order.
3
In article 4–
a
paragraph (2)(b) is renumbered (2)(c);
b
after paragraph (2)(a) add the following paragraph–
b
in any length of road specified in Part VII and VIII of schedule 2 for a period of up to 20 minutes not being a period separated by an interval of less than 40 minutes from a previous period when that vehicle was at rest in that length of road during the prescribed hours.
;
c
in paragraph (3)(a) for the words “Parts I to V” substitute the words “Parts I to VIII”;
d
in the table in paragraph 5 in item 5 add to column (3) “Schedule 2, Part VI and VII ”;
e
in the table in paragraph 5 in item 9 add to column (3) “Schedule 2, Part VIII”.
4
In Schedule 2–
a
after paragraph 10 add the following title–
PART VI
8AM-1PM MONDAYS TO SATURDAYS INCLUSIVE (DISABLED PERSONS VEHICLES) UPPER STREET
West Side
;
b
add the following paragraph–
11
From a point 28 metres south of the southern kerb line of Barnsbury Street southwards for a distance of 7 metres.
;
c
after paragraph 11 add the following title–
PART VII
8AM-1PM MONDAYS TO SATURDAYS INCLUSIVE (ALL VEHICLES) UPPER STREET
West Side
;
d
add the following paragraphs–
12
From a point 33 metres south of the southern kerbline of Islington Park Street southwards for a distance of 18 metres.
13
From a point 87 metres south of the southern kerbline of Islington Park Street southwards for a distance of 24 metres.
14
From a point 15 metres south of the southern kerbline of Barnsbury Street southwards for a distance of 13 metres.
15
From a point 23 metres south of the southern kerbline of Waterloo Terrace southwards for a distance of 18 metres.
16
From a point 113 metres south of the southern kerbline of Almeida Street southwards for a distance of 25 metres.
17
From a point level with the party wall of Nos 72-73 Upper Street southwards for a distance of 11 metres.
;
e
after paragraph 17 add the following title–
PART VIII
1PM-7PM MONDAYS TO SATURDAYS INCLUSIVE (ALL VEHICLES) UPPER STREET
East Side
;
f
add the following paragraphs–
18
From a point 34 metres south of the southern kerbline of Canonbury Lane southwards for a distance of 14 metres.
19
From a point 26 metres north of the northern kerbline of Florence Street northwards for a distance of 12 metres.
20
From a point 30 metres south of the southern kerbline of Florence Street southwards for a distance of 18 metres.
21
From a point 52 metres north of the northern kerbline of Cross Street southwards for a distance of 20 metres.
22
From a point 50 metres south of the southern kerbline of Cross Street southwards for a distance of 30 metres.
23
From a point 48 metres north of the northern kerbline of Gaskin Street southwards for a distance of 19 metres.
24
From a point 42 metres south of the southern kerbline of Gaskin Street southwards for a distance of 36 metres
.
5
In Schedule 3–
a
for paragraph 15 substitute the following paragraph–
15
From a point 51 metres south of the southern kerbline of Islington Park Street southwards for a distance of 36 metres.
;
b
for paragraph 16 substitute the following paragraph–
16
From a point 35 metres south of the southern kerbline of Barnsbury Street southwards for a distance of 20 metres.
;
c
for paragraph 17 substitute the following paragraph–
17
From a point 8 metres south of the southern kerbline of Waterloo Terrace southwards for a distance of 15 metres.
;
d
add the following paragraph–
17A
From a point 41 metres south of the southern kerbline of Waterloo terrace southwards for a distance of 31 metres.
;
e
for paragraph 19 substitute the following paragraph–
19
From a point 85 metres south of the southern kerbline of Almeida Street southwards for a distance of 28 metres.
;
f
add the following paragraph–
19A
Between a point 138 metres south of the southern kerbline of Almeida Street and a point 1 metre north of the party wall of Nos 110 and 111 Upper Street.
;
g
for paragraph 23 substitute the following paragraph–
23
From a point 1 metre north of the party wall of Nos 65 and 66 Upper Street northwards for a distance of 28 metres.
;
h
for paragraph 50 substitute the following paragraph–
50
Between a point 9 metres south of the southern kerbline of White Lion Street and a point level with the party wall of Nos 7 and 9 Islington High Street.
;
i
for paragraph 55 substitute the following paragraph–
55
From a point 48 metres south of the southern kerbline of Canonbury Lane southwards for a distance of 18 metres.
;
j
for paragraph 56 substitute the following paragraph–
56
From a point 26 metres of the northern kerbline of Florence Street southwards for a distance of 12 metres.
;
k
delete paragraph 57;–;
l
for paragraph 58 substitute the following paragraph–
58
From a point 16 metres south of the southern kerbline of Cross Street southwards for a distance of 34 metres.
;
m
delete paragraph 59;
n
for paragraph 60 substitute the following paragraph–
60
From a point 14 metres south of the southern kerbline of Gaskin Street southwards for a distance of 28 metres.
;
o
add the following paragraph–
60A
From a point 78 metres south of the southern kerbline of Gaskin Street southwards for a distance of 32 metres.
.
6
In Schedule 4–
a
for paragraph 19 substitute the following paragraph–
19
From a point 26 metres north-west of a point level with the party wall of Nos 718 and 720 Holloway Road south-eastwards for a distance of 21 metres.
;
b
for paragraph 23 substitute the following paragraph–
23
From a point 27 metres south east of the south-eastern kerbline of Bowman’s Place to a point 2.6 metres south east of the party wall of Nos 450 and 452 Holloway Road.
;
c
for paragraph 34 substitute the following paragraph–
34
Between a point 12 metres north-west of a point level with the party wall of Nos 22 and 24 Holloway Road and its junction with Highbury Corner.
;
d
for paragraph 45 substitute the following paragraph–
45
Between a point 60 metres north-west of the north-western kerbline of Hornsey Street and the north-western kerbline of Eden Grove.
;
7
The A1 Trunk Road (Islington) Red Route Traffic Order 1993 Experimental Variation No. 3 Order 1996 is hereby revoked.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
31st January 1997


text:
1
This Order may be cited as the Immigration (Isle of Man) Order 1997 and shall come into force on 1st April 1997.
2
1
Part II (appeals) of the Immigration Act 1971 and Part II of Schedule 2 to that Act shall extend, with the modifications specified in the Schedule to this Order, to the Isle of Man.
2
Section 7 of the Asylum and Immigration Appeals Act 1993 (curtailment of leave to enter or remain) shall extend, with the following modifications, to the Isle of Man —
a
for the words “United Kingdom”, wherever occurring except in the expression “the United Kingdom’s obligations”, substitute “Isle of Man”;
b
for the words “Secretary of State”, wherever occurring, substitute “Lieutenant-Governor”;
c
in subsection (2) omit the words from “or section 8(2)” to the end of the subsection.
3
Section 1A of the Immigration (Carriers' Liability) Act 1987 (visas for transit passengers) shall extend, with the following modifications, to the Isle of Man —
a
for the words “Secretary of State” substitute “Lieutenant-Governor”;
b
for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”;
c
for subsection (3) substitute —
3
An order under this section shall be laid before Tynwald.
3
In Part I of Schedule 1 to the Immigration (Isle of Man) Order 1991 —
a
for paragraph 18(d) there shall be substituted —
d
in subsection (4), omit the words from “and an appeal” to the end of the subsection.
b
the following provisions are revoked —
paragraph 17(b);
paragraph 20(m)(iii) and (iv);
paragraph 20(n)(iii);
paragraph 20(s).
N. H. Nicholls
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Partnerships (Unrestricted Size) No. 12 Regulations 1997 and shall come into force on 1st September 1997.
2
Section 716(1) of the Companies Act 1985 does not prohibit the formation, for the purpose of carrying on practice in relation to matters connected with the European Patent Convention, of a partnership consisting of persons the majority of whom are members of the Institute of Professional Representatives before the European Patent Office.
3
For the purposes of these Regulations the European Patent Convention is the Convention on the Grant of European Patents signed in Munich on 5th October 1973 as from time to time amended .
Ian McCartney,
Minister of State,
Department of Trade and Industry
31st July 1997


text:
1
This Order may be cited as the Local Authorities (Armorial Bearings) (No. 2) Order 1997 and shall come into force on 20th November 1997.
2
The armorial bearings which, immediately before 1st April 1974, were lawfully borne and used by the council named in column (1) of the following Table may be borne and used by the corresponding council named in column (2) of the Table, provided they have first been exemplified according to the laws of arms and recorded in the College of Arms —
TABLE
(1) (2)
Exmouth Urban District Council Exmouth Town Council Herefordshire County Council County of Herefordshire District Council Malvern Urban District Council Malvern Town Council Rayleigh Urban District Council Rayleigh Town Council Worcestershire County Council Worcestershire County Council
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the South East) Order 1997 and shall come into force on 1st April 1997.
Designated rural areas
2
The following areas shall be designated rural areas for the purposes of section 17 of the Housing Act 1996 (the right to acquire) and section 1AA(3)(a) and (5) of the Leasehold Reform Act 1967 (additional right to enfranchise) —
a
those parishes and the unparished area in the counties of Berkshire, Buckinghamshire, East Sussex, Hampshire, Isle of Wight, Kent, Oxfordshire, Surrey and West Sussex specified in Schedule 1 to this Order; and
b
those areas in the parishes and the unparished areas in the counties of Berkshire, Buckinghamshire, East Sussex, Hampshire, Isle of Wight, Kent, Oxfordshire, Surrey and West Sussex specified in Schedule 2 to this Order each shown bounded with a black line and cross hatched on one of the two hundred and two maps entitled “Maps referred to in the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the South East) Order 1997” of which prints, signed by a member of the Senior Civil Service in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
5th March 1997


text:
1
1
This Order may be cited as the Parliamentary Elections (Returning Officers' Charges) Order 1997 and shall come into force on 8th April 1997.
2
This Order shall not extend to Northern Ireland.
3
The Parliamentary Elections (Returning Officers' Charges) Order 1994 is hereby revoked.
2
1
For the purposes of paragraph (a) of section 29(3) of the Representation of the People Act 1983 (which provides that a returning officer is entitled to recover his charges in respect of services properly rendered or expenses properly incurred for or in connection with a parliamentary election if the services or expenses are of a kind specified in an order made under that provision and the charges are reasonable) —
a
services of a kind described in paragraphs 1(1) and 2(1) of Part A of the Schedule to this Order (hereafter referred to as “services specified in Part A of the Schedule”); and
b
expenses of a kind described in paragraphs 1(1), 2(1), 3(1) and 4(1) of Part B of the Schedule to this Order (hereafter referred to as “expenses specified in Part B of the Schedule”) and expenses of a kind described in Part C of the Schedule to this Order,
are hereby specified.
2
The maximum recoverable amounts at a contested election in respect of the services specified in Part A of the Schedule or the expenses specified in Part B of the Schedule are hereby specified as the amounts set out in the right-hand column of those Parts in respect of each entry set out opposite thereto in the left-hand column of those Parts.
3
The maximum recoverable amounts at an uncontested election are hereby specified as —
a
£368.66 in respect of the services specified in Part A of the Schedule, and
b
£912.52 in respect of the expenses specified in Part B of the Schedule.
4
In the Schedule to this Order —
a
“election” means a parliamentary election,
b
“combined polls” refers to the poll at a parliamentary election and the poll at some other election when they are taken together under section 15(1) or (2) of the Representation of the People Act 1985 , and
c
any reference to the register of electors is to the register of electors used at the election at which the services were rendered or expenses incurred and to that register as first published.
Tom Sackville
Parliamentary Under-Secretary of State
Home Office
18th March 1997
We consent to this Order
Richard Ottaway
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southampton University Hospitals National Health Service Trust (Transfer of Trust Property) Order 1997 and shall come into force on 29th April 1997.
2
In this Order —
“the Authority” means Southampton and South West Hampshire Health Authority;
“the Trust” means Southampton University Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 5th December 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 29th April 1997 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under Secretary of State,
Department of Health
7th April 1997