text:
1
These regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
2
The Motor Cars (Driving Instruction) Regulations 1989 shall be amended in accordance with the following provisions.
3
After regulation 9 there shall be inserted —
Licences granted to disabled driving instructors
9A
There is prescribed for the purposes of section 129(1)(b) of the Act the part of the examination that consists of the instructional ability and fitness test.
.
4
In regulation 13, for the Table at the end, there shall be substituted the following Table —
TABLE
(1) (2) (3) Item No. Matter in respect of which application is made Fee
1. Submission to written examination £50 2. Submission to driving ability and fitness test £62 3. Submission to instructional ability and fitness test £62 4. Retention of name in the register £200 5. A licence £100 6. Entry to the register following the passing of the examination £200 7. Entry to the register without passing the examination by virtue of section 125(7), 125B(3) or 126(3) or (4) of the Act £200
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
6th March 1997


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Upper Richmond Road West) Red Route (Prescribed Route) Traffic Order 1997, and shall come into force on 12th February 1997.
Interpretation
2
In this Order —
a
causing includes permitting;
b
“disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations.
Prohibition
3
Subject to the provisions of article 4 below, no person shall cause any motor vehicle proceeding in Upper Richmond Road West in the London Borough of Richmond upon Thames to enter the south-east arm of Sheen Lane (which fronts Nos. 137 to 141 and Parkway House, Sheen Lane).
Exemptions
4
Nothing in article 3 above shall apply to —
a
any person causing any vehicle to enter the said south-east arm of Sheen Lane for the purpose of loading or unloading a vehicle in that arm;
b
any person using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position;
c
anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
d
a vehicle being used for fire brigade, ambulance or police purposes.
Revocations
5
The A205 Trunk Road (Upper Richmond Road West) Red Route (Prescribed Route No.1) Experimental Traffic Order 1995 is hereby revoked.
TRO233
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 A501 Trunk Road (Camden) (Temporary Prohibition of Traffic) Order 1997 and shall come into force on the 10 November 1997.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the lengths of road, mentioned in the schedules to this Order should be prohibited or that restrictions should be suspended because works are being or are proposed to be executed on or near those lengths of road.
3
During the period starting at 00.01 hours on 10th November 1997 for a period of twelve weeks, or when those works have been completed, whichever is the sooner, subject to the provisions of article 4 below:
1
no person shall cause or permit any vehicle to stop at any time in the roads, or lengths of road, specified in schedule 1 to this Order.
2
the provisions of the London Borough of Camden (Trunk Roads) Red Route (Bus Lanes) Traffic Order 1997 are suspended so far as they relate to the length of road specified in schedule 2 to this Order.
4
1
The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
5
In so far as, and during such times as, the prohibition specified in article 3 above is in force, the provisions of the A501 Trunk Road (Camden, Islington and Westminster) Red Route Traffic Order 1997 are hereby suspended so far as they relate to the lengths of road specified in schedule 1 to this Order.
TRO374
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
7th November 1997


text:
Citation
1
This Order may be cited as the Housing Act 1996 (Commencement No. 9) Order 1997.
Commencement
2
Section 227 of the Housing Act 1996 in so far as it relates to the repeals in Part II of Schedule 19 to that Act shall come into force on 3rd March 1997.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
26th February 1997


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (North Circular Road, Hounslow) Red Route (Prescribed Route) Traffic Order 1997, and shall come into force on 17th October 1997.
Interpretation
2
In this Order causing includes permitting.
Prescribed Route
3
Save as provided in article 4, no person shall cause any vehicle to proceed in the unnamed service road fronting Nos 127 to 139 and the International School for London, Gunnersbury Avenue in the London Borough of Hounslow in a direction other than from south to north.
4
The provisions of article 3 shall not apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Revocation or variation of existing Orders
5
The A406 Trunk Road (North Circular Road, Hounslow) Red Route (Prescribed Route No 1) Experimental Traffic Order 1996 is hereby revoked.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
1st October 1997


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Prohibition) (Amendment) Regulations 1997 and shall come into force on 3rd March 1997.
Preliminary
2
The Road Vehicles (Prohibition) Regulations 1992 shall be amended in accordance with the provisions of these Regulations.
Amendments relating to fees
3
1
Regulation 7 shall be amended as follows.
2
For paragraph (4) there shall be substituted the following paragraph–
4
Regulations 12(4) and (4A), and 16(4), (4A), (5) and (5A) of the 1988 Regulations shall apply with appropriate modification to an inspection or further inspection after a vehicle has failed an inspection.
4
1
Regulation 8 shall be amended as follows.
2
In paragraph (3), for the words “Regulation 20(2A), (3), (3A) and (4) of the 1981 Regulations” there shall be substituted the words “Regulation 20(2A), (2B), (3), (3A) and (4) of the 1981 Regulations”.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
20th January 1997


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Courts-Martial and Standing Civilian Courts (Army and Royal Air Force) (Additional Powers on Trial of Civilians) Regulations 1997 and shall come into force on 1st April 1997.
Interpretation
2
In these Regulations —
“the 1976 Act ” means the Armed Forces Act 1976 ;
“the 1955 Act ” means —
where the accused is being prosecuted under the Army Act 1955, that Act; and
where the accused is being prosecuted under the Air Force Act 1955, that Act;
“commanding officer”, in relation to an accused, means the officer determined by or under regulations of the Defence Council under section 209(3)(f) of the 1955 Act;
“court administration officer” and “the court administration officer” have the meanings assigned to them —
where the offender has been tried by court-martial, by section 84A of the 1955 Act ; and
where the offender has been tried by Standing Civilian Court, by paragraph 1(1) of Schedule 3 to the 1976 Act ; and
“duly qualified medical practitioner” means a medical practitioner —
approved for the purposes of section 12 of the Mental Health Act 1983 ;
approved for the purposes of section 20 or 39 of the Mental Health (Scotland) Act 1984 ; or
appointed for the purposes of Part II of the Mental Health (Northern Ireland) Order 1986 by the Mental Health Commission for Northern Ireland.
Manner in which documents may be served
3
Where under these Regulations any document is to be served on any person, it may be served —
a
by personal delivery; or
b
by post in a letter addressed to that person at his last known or usual place of work or abode.
PART II
COMMUNITY SUPERVISION ORDERS
Nomination of supervisors
4
1
An officer appointed by the Defence Council for the purposes of this regulation shall draw up and maintain a list of persons, which may include a specified class of persons, who are in his opinion fit to be specified as supervisors under paragraph 4 of Schedule 5A to the 1955 Act by reason of their experience, occupation, training or other qualification.
2
The list drawn up under paragraph (1) above may be maintained in different sections for different purposes or for different areas.
Specifying a supervisor
5
1
Where the court has found an accused guilty, the prosecutor shall, if the court so requests, supply it with a copy of the list maintained under regulation 4 above or a relevant section of it.
2
The court shall specify in any community supervision order a named person from the list to act as supervisor in relation to that order.
3
Where the list maintained under regulation 4 above includes a specified class of persons, the court may specify any person who falls within that class to act as supervisor.
4
The court shall not specify a person to act as a supervisor unless it is satisfied that the person consents so to act.
General duty of a supervisor
6
It shall be the general duty of a supervisor to advise an offender under his supervision and to assist in his rehabilitation.
Prescribed requirements
7
Subject to regulation 8 below, the requirements with which the court may direct an offender who is to be subject to a community supervision order to comply, in accordance with paragraph 4(3) of Schedule 5A to the 1955 Act, are —
a
where an offender is under the age of 17 years at the date on which the order is made, any requirement set out in Part I of Schedule 1 to these Regulations; and
b
in any other case, any requirement set out in that Schedule.
Limitations on requirements
8
1
The court may not include in a community supervision order the requirement set out in paragraph 6 of Schedule 1 to these Regulations unless it is satisfied, on the evidence of a duly qualified medical practitioner, that the mental condition of the offender is such as requires and may be susceptible to treatment.
2
The court may not include in a community supervision order the requirement set out in paragraph 7 of Schedule 1 to these Regulations unless it is satisfied that —
a
the offender is dependent on drugs or alcohol;
b
his dependency caused or contributed to the offence in respect of which the order is being made; and
c
his dependency is such as requires and may be susceptible to treatment.
3
The court may not include in a community supervision order both of the requirements set out in paragraphs 8 and 9 of Schedule 1 to these Regulations.
4
No requirement directed by the court or a supervisor shall operate such as to conflict with any religious belief or observance of the person under supervision, or interfere with the times, if any, at which he normally works or attends an educational establishment.
Calculation of periods specified
9
For the purpose of calculating any period or number of days in respect of a requirement directed by the court or a supervisor, a direction given in respect of one or more parts of a day shall be treated as given in respect of the whole of that day.
PART III
FORMS AND ORDERS
Form of orders
10
An order made by the court under a power contained in Schedule 5A to the 1955 Act shall be drawn up in the appropriate form set out in Part I of Schedule 2 to these Regulations or in a form substantially to the like effect.
Service of orders
11
Where the court makes an order specified in column 1 of Part II of Schedule 2 to these Regulations, the court administration officer shall —
a
where the order requires the payment of a fine or compensation by a parent or guardian, serve the order on the parent or guardian; and
b
in any case, serve a certified copy of the order on each of the persons specified in relation to that order in column 2 of Part II of Schedule 2 to these Regulations.
Discharge or modification of a community supervision order
12
1
Where an officer discharges or modifies a community supervision order or replaces a supervisor, in accordance with paragraph 4(11) of Schedule 5A to the 1955 Act, he shall —
a
serve notice in writing on the Judge Advocate General (or his deputy) for retention with the record or note of proceedings as the case may be, and
b
serve a certified copy of his notice on each of the persons specified in relation to a community supervision order in column 2 of Part II of Schedule 2 to these Regulations.
2
Where an officer replaces a supervisor, he shall specify a named person from the list maintained under regulation 4 above to act as the replacement supervisor.
3
Where the list maintained under regulation 4 above includes a specified class of persons, the officer may specify any person who falls within that class to act as the replacement supervisor.
4
The officer shall not specify a person to act as a replacement supervisor unless that person consents in writing.
PART IV
MISCELLANEOUS
Revocations and savings
13
1
Subject to paragraph (2) below, the Regulations set out in Schedule 3 to these Regulations are hereby revoked.
2
The Regulations set out in Schedule 3 shall continue to apply in relation to any trial by a court-martial or Standing Civilian Court which commenced before 1st April 1997 until the conclusion of that trial.
Nicholas Soames
Minister of State, Ministry of Defence
5th March 1997


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the National Health Service (Vocational Training for General Medical Practice) Regulations 1997 and shall come into force on 30th January 1998.
Interpretation
2
1
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“certificate of prescribed experience” means a certificate issued under regulation 10 and, for the purposes of regulation 4, includes a certificate of prescribed experience issued under the National Health Service (Vocational Training) Regulations 1979 ;
“certificate of equivalent experience” means a certificate issued under regulation 12 and, for the purposes of regulation 4, includes a certificate of equivalent experience issued under the National Health Service (Vocational Training) Regulations 1979;
“General Practice ( GP ) Registrar” —
has the meaning assigned to it in regulations made under section 29 of the Act ;
in relation to Scotland and Northern Ireland, means a “trainee general practitioner”, as defined in regulations made, respectively, under section 19 of the National Health Service (Scotland) Act 1978 and article 56 of the Health and Personal Social Services (Northern Ireland) Order 1972 ; and
includes a practitioner who is being trained in general practice under an arrangement approved by the Armed Services General Practice Approval Board;
“the Joint Committee” means the Joint Committee on Postgraduate Training for General Practice;
“Medical Directive” means Council Directive 93/16/ EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications , as amended by Council Directive 97/50/ EC of 6 October 1997 ;
“medical list” means —
a list maintained under regulation 4 of the National Health Service (General Medical Services) Regulations 1992 ; or
any corresponding list drawn up by an Executive Council pursuant to the provisions of Part IV of the National Health Service Act 1946 ; or maintained under regulation 4 of the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 .
“practitioner” means a fully registered medical practitioner except for the purposes of regulation 6(4), where it also includes a medical practitioner with limited registration under section 22 of the Medical Act 1983 ;
“satisfactory completion”, in relation to a period of training in any employment, has the meaning assigned to it in regulation 9(1); and
“summative assessment” has the meaning assigned to it in regulation 9(2).
2
For the purposes of these Regulations, a practitioner shall be regarded as having his name included in a medical list if —
a
his name is (or, if the context so requires, was) included in a medical list mentioned in paragraph (1); or
b
he has been issued by the person in charge of the provision of medical services in one of the Armed Services of the Crown with a statement that he has been providing services in the Armed Services equivalent to general medical services;
but he shall not be so regarded if his name is (or was) included in a list for the provision of general medical services limited to those mentioned in regulation 5(1)(d).
Power of direction
3
1
Subject to paragraph (2), the Secretary of State may give directions to the Joint Committee in connection with —
a
their functions under or by virtue of these Regulations or the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 , in so far as those functions relate to Community obligations in connection with specific training for general medical practice, in particular those contained in Title IV of the Medical Directive; and
b
any other functions of theirs which arise from Community obligations and which relate to specific training in general medical practice;
and it shall be the duty of the Joint Committee to comply with any such directions.
2
Directions given under paragraph (1) may be as to matters of administration only.
Experience and certificates required
4
1
The Medical Practices Committee shall refuse an application under section 30 of the Act (applications to provide general medical services) if the applicant is not suitably experienced.
2
A Health Authority shall not arrange under section 29 of the Act for a person to provide general medical services for persons in the Authority’s area unless the Medical Practices Committee have granted an application by him under section 30 of the Act.
3
An applicant who applies to a Health Authority under section 30 of the Act shall produce as evidence that he is suitably experienced —
a
a certificate of prescribed experience;
b
a certificate of equivalent experience; or
c
a statement of the grounds upon which he claims that he is exempt by virtue of regulation 5 from the need to have acquired the prescribed experience, and evidence in support of his claim.
Exemptions
5
1
A practitioner shall be exempt from the need to have acquired the prescribed experience —
a
if on 15th February 1981 his name was included in a medical list;
b
if on 15th February 1981 an application pursuant to section 30 of the Act had not been finally determined, but in consequence of its final determination his name was later included in a medical list ;
c
if his name was included in a medical list by virtue of his having made an application within nine years after 15th February 1981 in a case where his name was not included in such a list on 15th February 1981, but had been so included before that day;
d
in respect of an application for his name to be included in a medical list for the provision of general medical services limited to —
i
child health surveillance services only;
ii
contraceptive services only;
iii
maternity medical services only;
iv
minor surgery services only; or
v
any combination of the services mentioned in paragraphs (i) to (iv);
but only if the applicant’s name was included in a medical list on 31st December 1994 for the provision of general medical services limited in a way which included those specified in the application;
e
if he holds a certificate of prescribed experience or a certificate of equivalent experience issued under or by virtue of regulations made under section 22 of the National Health Service (Scotland) Act 1978 or Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1978 , or is, by virtue of those regulations, or that Order, exempt from the need to have acquired the medical experience prescribed by those regulations, or that Order;
f
if he —
i
is entitled to be registered under section 3 of the Medical Act 1983 as a fully registered medical practitioner by virtue of subsection (1)(b) or (2) of that section, and
ii
was established in the United Kingdom on 31st December 1994 by virtue of the primary European qualification giving rise to that entitlement; or
g
if he holds a vocational training certificate or a certificate of acquired rights issued in an EEA State other than the United Kingdom which must in his case be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the EEA Agreement) or by virtue of any enforceable Community right.
2
In this regulation —
“certificate of acquired rights” means a certificate issued under article 36(4) of the Medical Directive, to the effect that its holder has an acquired right to practise as a general medical practitioner under the national social security scheme of the issuing State without a vocational training certificate ;
“child health surveillance services”, “maternity medical services” and “minor surgery services” have the meanings assigned by regulation 2(1) of the National Health Service (General Medical Services) Regulations 1992 ;
“contraceptive services” has the meaning assigned by regulation 3(1)(c) of those Regulations;
“EEA Agreement” means 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 ;
“EEA State” means a state which is a contracting party to the EEA Agreement; and
“vocational training certificate” means a diploma, certificate or other evidence of formal qualifications awarded on completion of a course of specific training in general medical practice and referred to in article 30 of the Medical Directive.
PART II
PRESCRIBED EXPERIENCE
Prescribed medical experience
6
1
Subject to regulation 12(9), the medical experience prescribed for the purposes of section 31(2)(a) of the Act is the satisfactory completion of a period or periods of training amounting to at least three years employment, and meeting the other requirements of this regulation.
2
The reference in paragraph (1) to three years employment, and the references in paragraphs (3) and (4) to other periods of employment, are to periods of whole-time employment; but, subject to paragraph (8), the requirements of this regulation may be satisfied by periods of part-time employment of equivalent duration.
3
The training shall include a period or periods amounting to at least 12 months employment as a General Practice (GP) Registrar with a practitioner who falls within regulation 7(1).
4
The remainder of the training —
a
shall be spent as a practitioner in posts falling within regulation 8; and
b
shall include a period or periods amounting to not less than 6 months nor more than 12 months employment in each of two specialties mentioned in different paragraphs below —
i
General Medicine;
ii
Geriatric Medicine;
iii
Paediatrics;
iv
Psychiatry;
v
One of —
Accident and Emergency Medicine; or
General Surgery; or
Accident and Emergency Medicine together with either General Surgery or Orthopaedic Surgery;
vi
One of —
Obstetrics; or
Gynaecology; or
Obstetrics and Gynaecology.
5
Where training is spent in employment in specialties which are not mentioned in sub-paragraph (b) of paragraph (4), not more than six months employment in any one such specialty may be taken into account in calculating, for the purposes of paragraph (1), the period or periods of training undertaken.
6
The Joint Committee shall supervise the training and shall in particular secure that it complies with the requirements of article 31(1) of the Medical Directive, or (in the case of part-time training) article 31(1) as appropriately modified together with article 34 (the text of articles 30, 31(1) and 34 as they had effect on the date these Regulations were made is reproduced in Schedule 1).
7
The prescribed experience must be acquired within the period of seven years ending on the day on which a person makes an application for a certificate of prescribed experience under regulation 10.
8
In relation to periods of part-time employment —
a
in computing any period of training which began on or before 31st December 1994 there shall be disregarded any period of part-time employment during which the duties of the person employed occupied less than half of the time usually occupied by the duties of persons employed whole-time in similar employment; and
b
in computing any period of training which began after 31st December 1994 there shall be disregarded any period of part-time employment during which the duties of the person employed, taken week by week, occupied less than 60 per cent of the time usually occupied by the duties of persons employed whole-time in similar employment;
and in relation to any period of training which began after 31st December 1994 employment which is not whole-time shall not be regarded as equivalent to whole-time employment unless it includes at least two periods of whole-time employment, each lasting not less than one week, one such period falling within paragraph (3) and one within paragraph (4).
9
For the purposes of this regulation, a “month” includes a period which begins on the first Wednesday of the month (whether or not that is the first day of the month) and ends on the last day of the month.
Approval of trainers
7
1
A practitioner falls within this paragraph for the purposes of paragraph (3) of regulation 6 if —
a
his name is included in a medical list; and
b
he is for the time being approved by the Joint Committee for the purposes of that paragraph.
2
An approval under paragraph (1) may be withdrawn by the Joint Committee at any time before it expires.
3
The Joint Committee must, before approving a practitioner under paragraph (1), be satisfied that the characteristics and qualities of the practitioner and his practice are such that he is suitable to provide the experience referred to in regulation 6(3).
4
A practitioner whose name is included in a medical list may appeal to the Secretary of State against a decision of the Joint Committee to refuse to approve him under this regulation, or to withdraw his approval, but that decision shall continue to have effect until the appeal has been determined.
5
An appeal under paragraph (4) shall be made by sending to the Secretary of State, within the period of 28 days beginning with the day on which the decision of the Joint Committee is given to him, or (subject to paragraph (6)) such longer period as the Secretary of State may allow, a notice of appeal containing a concise statement of the facts and contentions upon which the practitioner relies.
6
The Secretary of State may allow a longer period only where he is satisfied that there was reasonable cause for failing to send the notice of appeal within the period of 28 days referred to in paragraph (5).
7
The Secretary of State shall consider the appeal and may confirm the decision of the Joint Committee, require the Joint Committee to re-consider the matter, or substitute his own decision for that of the Joint Committee.
8
Where the Secretary of State has required the Joint Committee to re-consider a decision, paragraphs (4) to (7) shall apply in relation to a second or subsequent decision by the Joint Committee to refuse to approve a practitioner under paragraph (1) or, as the case may be, to withdraw his approval, as they apply in relation to the first such decision.
Approval of training posts
8
1
A post falls within this regulation for the purposes of regulation 6(4) if it is —
a
a post which is, on 30th September immediately before the start of employment in that post, approved for those purposes by the Joint Committee in accordance with paragraph (2);
b
a post which is an educationally approved post for the purpose of acquiring prescribed experience under regulations made under Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1978 ; or
c
a post which is an educationally approved post for the purpose of acquiring prescribed experience under regulations made under section 22 of the National Health Service (Scotland) Act 1978 .
2
The Joint Committee may approve a post for the purposes of paragraph (1) only if —
a
it is approved by the Specialist Training Authority of the Medical Royal Colleges (“the STA ”) pursuant to article 7 of the European Specialist Medical Qualifications Order 1995 ; or
b
it is not so approved and the post is one for which there is no relevant Royal College or Faculty which is entitled to appoint a member of the STA pursuant to article 3(3) and Part I of Schedule 1 to that Order.
Satisfactory completion of prescribed experience
9
1
In these Regulations, in relation to a period of training in any employment, “satisfactory completion” means the completion of that period of training in such a manner as to have acquired the medical experience which may reasonably be expected to be acquired from training of that duration in that employment.
2
Satisfactory completion of the period or periods of training prescribed by regulation 6(3) shall, if the whole of that training was undertaken after the day on which these Regulations come into force, be assessed by means of summative assessment, which for the purposes of these Regulations means reports, examinations, interviews, written submissions and other forms of assessment all designed to test the competencies specified in Schedule 2.
3
Subject to paragraph (1) and Schedule 2, the procedure for carrying out summative assessment and the curriculum to be followed by a General Practice (GP) Registrar shall be determined and published by the Joint Committee from time to time.
4
A practitioner may elect to be assessed on the curriculum which was current at the time he started training as a General Practice (GP) Registrar and under the summative assessment procedure which was applicable at that time, or on the curriculum which was current and under the procedure which was applicable at any other time during the period of his training.
5
Subject to regulation 10(1), satisfactory completion of training shall be evidenced —
a
in relation to the period or periods prescribed by regulation 6(3), by a statement containing the information specified in Part I of Schedule 3, which is completed by the practitioner or practitioners with whom the training took place and signed by that person or persons and by the Director of Postgraduate General Practice Education or a person authorised by him to act on his behalf for that purpose; and
b
in relation to a period or periods prescribed by regulation 6(4), by a statement containing the information specified in Part II of Schedule 3, which is completed by the practitioner who has supervised the training and signed by him and by the Director of Postgraduate General Practice Education or a person authorised by him to act on his behalf for that purpose.
Certificate of prescribed experience
10
1
A person who claims to have acquired the prescribed experience may apply to the Joint Committee for a certificate of prescribed experience and shall include with his application the statements mentioned in regulation 9(5) or, if he does not have those statements, such evidence as the Joint Committee may require of satisfactory completion of his period of training.
2
If the Joint Committee are satisfied that the applicant has acquired the prescribed experience, they shall issue to him a certificate of prescribed experience.
3
A certificate of prescribed experience shall show the qualifications by virtue of which the practitioner to whom it is issued is entitled to be registered under the Medical Act 1983, and where those qualifications were awarded.
4
If the Joint Committee are not satisfied that the applicant has acquired the prescribed experience, they shall issue to him a statement setting out the reasons why they are not satisfied.
PART III
EQUIVALENT EXPERIENCE
Meaning of equivalent experience
11
A practitioner’s experience shall be regarded as equivalent to the prescribed experience if it has given the practitioner the level of knowledge and skill in general medical practice which he could reasonably be expected to have attained if he had acquired the prescribed experience.
Certificate of equivalent experience
12
1
A person who does not claim to have acquired the prescribed experience, but who considers that the medical training and other experience which he has acquired is, or ought to be regarded as, equivalent to the prescribed experience may apply to the Joint Committee for a certificate of equivalent experience.
2
The Joint Committee shall publish the criteria by which they will assess whether medical experience is equivalent to the prescribed experience.
3
An application to the Joint Committee for a certificate of equivalent experience shall include particulars of the applicant’s medical experience, together with such evidence of that experience as the Committee may require.
4
An applicant whose experience includes that referred to in regulation 6(3) shall, if the whole of that experience was undertaken after the day on which these Regulations come into force, produce to the Joint Committee the statement referred to in regulation 9(5)(a), or other evidence that he has passed summative assessment (but no other applicant for a certificate of equivalent experience may be required to undertake summative assessment).
5
If the Joint Committee are satisfied that the applicant’s medical experience is equivalent to the prescribed experience and, in cases to which paragraph (4) applies, that he has passed summative assessment, they shall issue to him a certificate of equivalent experience.
6
A certificate of equivalent experience shall show the qualifications by virtue of which the practitioner to whom it is issued is entitled to be registered under the Medical Act 1983, and where those qualifications were awarded.
7
If the Joint Committee are satisfied that the medical experience in respect of which a certificate of equivalent experience is to be issued complies with all the requirements of the Medical Directive relating to specific training in general medical practice, they shall annotate the certificate to that effect.
8
If the Joint Committee are not satisfied that the applicant’s medical experience is equivalent to the prescribed experience, they shall issue to him a statement setting out the reasons why they are not satisfied.
9
A person who holds a certificate of equivalent experience shall be treated as having acquired the prescribed medical experience, but shall not be entitled to obtain a certificate of prescribed experience.
PART IV
APPEALS AGAINST REFUSAL OF CERTIFICATES
Appeals against refusal of certificates
13
1
An applicant may appeal against a refusal by the Joint Committee to issue to him a certificate of prescribed experience or a certificate of equivalent experience, by sending a notice of appeal to the Secretary of State within the period of 28 days beginning with the day on which the decision of the Joint Committee is given to him, or (subject to paragraph (2)) such longer period as the Secretary of State may allow.
2
The Secretary of State may allow a longer period only where he is satisfied that there was reasonable cause for failing to send the notice of appeal within the period of 28 days referred to in paragraph (1).
3
A notice of appeal shall contain a concise statement of the facts and contentions on which the applicant intends to rely.
Appeal bodies
14
1
An appeal under regulation 13 shall be determined by an appeal body appointed by the Secretary of State.
2
The Secretary of State may appoint —
a
a separate appeal body to determine each appeal as it arises (in which case he shall appoint it on receipt of the notice of appeal); or
b
a single appeal body to determine all appeals;
and in the case of an appeal body falling within sub-paragraph (b) he may with effect from a specified date rescind the appointment and appoint a differently constituted appeal body.
3
An appeal body shall consist of four persons of whom —
a
one shall be a legally qualified person who shall be appointed to be the Convenor;
b
one shall be nominated by the Royal College of General Practitioners;
c
one shall be nominated by the General Medical Services Committee of the British Medical Association; and
d
one shall be a practitioner of consultant status employed in clinical practice by a National Health Service trust, Health Authority or Special Health Authority which provides substantial facilities for undergraduate or postgraduate clinical training and who is nominated by the Joint Consultants Committee.
4
Any nomination for the purposes of paragraph (3) may be made either specially or generally.
5
The Secretary of State shall appoint a person to act as secretary of the appeal body and may appoint such other officers as he considers necessary.
Power of the Secretary of State to make new appointments
15
1
Where a member of an appeal body dies or resigns or is unable or refuses to carry out his duties, the Secretary of State may appoint a new member in accordance with regulation 14 and may rescind the appointment of the member who is unable or refuses to carry out his duties.
2
A member of an appeal body shall not be deemed to be unable to carry out his duties, or to have refused to do so, if he has indicated to the other members how he casts his vote for the purposes of regulation 17(1).
3
Where a new member is appointed after a notice of appeal has been transmitted to the appeal body but before the body has reached a decision, the appeal body shall, notwithstanding any hearing or consideration of the appeal which has already taken place, consider the appeal afresh in accordance with regulation 16.
4
An appeal body shall be deemed to have reached a decision when a sufficient number of the members have given such indications to constitute a majority for the purposes of regulation 17(1), notwithstanding that any document embodying the decision has not been drawn up, or signed by all or any of the members, or issued by the appeal body.
Procedure on appeal
16
1
Subject to the provisions of these Regulations, the procedure of the appeal body shall be determined by that body.
2
The Secretary of State shall transmit a notice of appeal to the appeal body which is to determine the appeal.
3
Before the appeal body considers the appeal, it may —
a
require the applicant to submit further particulars and documents in support of his appeal; and
b
make inquiries of such persons as it may think fit in connection with the appeal.
4
The appeal body shall —
a
send to the applicant a copy of any comments made in reply to inquiries under paragraph (3)(b);
b
if a hearing is not to be held, give the applicant a period of 21 days beginning with the day on which the comments were sent to him to reply in writing to the comments; and
c
give notice to the applicant that he may, within a period specified in the notice, require the appeal body to give him an opportunity of appearing before and being heard by it.
5
The appeal body may, or shall if so required by the applicant, hold a hearing for the purpose of considering the appeal and shall, before the beginning of the period of 21 days ending with the date on which any hearing is to be held, send notice to the applicant and to the Joint Committee of that date, and of the time and place of the hearing.
6
The proceedings of the appeal body shall be conducted in private, unless the applicant requests a public hearing.
7
At a hearing by the appeal body —
a
the applicant may appear and be heard in person, or he may be represented by Counsel, a solicitor, or any other person; and
b
the Joint Committee may appear and be represented by Counsel, a solicitor, or any duly authorised member or officer of the Committee.
8
Where the applicant has required a hearing but does not appear and is not represented at the hearing, and the appeal body is not satisfied that there was good reason for the failure to appear or be represented, it may treat the requirement as having been withdrawn and either hold no hearing or (if the Joint Committee are present or represented) proceed with the hearing in the absence of the applicant.
9
Where a hearing was to have been held in any case not falling within paragraph (8), and either the applicant or the Joint Committee does not appear at the hearing and is not represented, the appeal body may hear the party present or represented or may decide that a hearing is not to be held.
10
Where at a hearing neither the applicant nor the Joint Committee appears or is represented, or in any case falling within paragraph (8) or (9), the appeal body may determine the appeal without further notice to the applicant or to the Joint Committee.
11
The appeal body may accept the withdrawal of an appeal at any time before a decision on the appeal is made on receipt of written notice of withdrawal from the applicant.
12
The appeal body may treat an appeal as having been withdrawn if —
a
it has not yet reached a decision on the appeal; and
b
it has tried to contact the applicant but has not, after a reasonable interval, been successful in doing so, or a letter properly sent to the applicant has been returned on the ground that it could not be delivered; and
c
it has sent notice to the applicant that his appeal will be treated as withdrawn if the applicant does not, within the period of 28 days beginning with the date on which the notice was sent, confirm that he wishes to proceed with his appeal.
Determination of appeals
17
1
In arriving at its decision on the appeal, whether or not a hearing has been held —
a
the decision of the appeal body shall be the decision of a majority; and
b
the Convenor shall not be entitled to vote, except in the case of an equality of votes.
2
The appeal body shall send written notice to the applicant and the Joint Committee of its decision and the reasons for its decision.
3
If the decision of the appeal body is that the applicant is entitled to a certificate of prescribed experience or a certificate of equivalent experience the Joint Committee shall issue the appropriate certificate to him.
PART V
MISCELLANEOUS
Service of notices, etc.
18
Any document or other communication which is required or authorised by these Regulations to be given, issued, made or sent to any person may be given, issued, made or sent —
a
by delivery to that person; or
b
by sending it by recorded delivery addressed to him at his usual or last known address; or
c
where that person is represented by a solicitor, by sending it by recorded delivery to the solicitor at his usual or principal professional address; or
d
in the case of the Joint Committee, by sending it by post in a prepaid letter to their secretary.
Application of section 84(2) to (4) of the Act
19
1
Subsections (2) to (4) of section 84 of the Act (which relate to the summoning of witnesses and the production of documents in connection with inquiries held by the Secretary of State) shall apply to any appeal held under regulation 13 as if —
a
it was an inquiry caused to be held by the Secretary of State; and
b
in subsection (2) for the words “the person appointed to hold the inquiry” and in subsection (3)(b), for the words “the person holding the inquiry” there were substituted the words “the Convenor of an appeal body appointed for the purposes of the National Health Service (Vocational Training for General Medical Practice) Regulations 1997”.
2
Subsections (2) to (4) of section 84 of the Act, as they had effect on the date these Regulations were made, with the modifications described in paragraph (1), are set out in Schedule 4.
Revocations
20
The Regulations specified in column (1) of Schedule 5 are revoked to the extent specified in column (3) of that Schedule.
Existing circumstances
21
1
Where a person who applies or has applied to the Joint Committee for a certificate of prescribed experience has undertaken a period of training which began before the date on which these Regulations come into force and which, at the date on which that period began, fell within regulation 5(1)(b)(i) of the 1979 Regulations , the Joint Committee shall treat that period of training as falling within regulation 6(3) of these Regulations.
2
Where such a person has undertaken a period of training which began before the date on which these Regulations come into force and which, at the date on which that period began, fell within regulation 5(1)(b)(ii) of the 1979 Regulations —
a
the Joint Committee shall treat that period of training as falling within paragraph (4) of regulation 6 of these Regulations, but as if the maximum period of employment which is specified in sub-paragraph (b) of that paragraph, in relation to specialties mentioned in that sub-paragraph, did not apply; and
b
where that training was in employment in a specialty which is not mentioned in that sub-paragraph, regulation 6(5) shall not apply.
3
Where, pursuant to a specific recommendation of the Joint Committee in connection with an application or proposed application for a certificate of prescribed experience or a certificate of equivalent experience, a person has, before the date on which these Regulations come into force, entered into an agreement to undertake a particular period of training which would, at the time at which he entered into that agreement, have fallen within regulation 5(1)(b)(ii) of the 1979 Regulations, sub-paragraphs (a) and (b) of paragraph (2) shall apply, notwithstanding that the training commenced after the date on which these Regulations come into force.
4
A post which is, immediately before the day on which these Regulations come into force, an educationally approved post within the meaning of regulation 5(5)(a) of the 1979 Regulations, shall be deemed to fall within regulation 8(1)(a) of these Regulations until such time as approval of that post is withdrawn by the Joint Committee.
5
Except for regulation 16(12), Part IV of these Regulations shall not apply to any appeal against a refusal by the Joint Committee to issue a certificate of prescribed or equivalent experience in any case where notice of appeal has been given to the Secretary of State before the date on which these Regulations come into force and, notwithstanding the provisions of regulation 20, regulations 9 to 11 of the 1979 Regulations shall continue to apply in that case.
6
In this regulation, “the 1979 Regulations” means the National Health Service (Vocational Training) Regulations 1979 .
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
26th November 1997


text:
Citation and commencement
1
This Order may be cited as the London Docklands Development Corporation (Alteration of Boundaries) Order 1997 and shall come into force on 10th October 1997.
Interpretation
2
In this Order —
“ the authority ” means the council of the London borough of Tower Hamlets;
“the development area ” means the area designated as an urban development area by the London Docklands Development Corporation (Area and Constitution) Order 1980 ;
“the development corporation ” means the London Docklands Development Corporation;
“the excluded area ” means the area shown on the maps bounded externally by a red line;
“the maps” means the eight maps respectively labelled “Map 1”, “Map 2”, “Map 3”, “Map 4”, “Map 5”, “Map 6”, “Map 7” and “Map 8” which are collectively entitled “Maps referred to in the London Docklands Development Corporation (Alteration of Boundaries) Order 1997”, one set of which, signed by an Under Secretary in the Government Office for London, has been deposited and is available for inspection at the offices of each of the Secretary of State for the Environment, the London Docklands Development Corporation and the councils of the London boroughs of Newham, Southwark and Tower Hamlets;
“private road” means a road, within the meaning of section 142 of the Road Traffic Regulation Act 1984 , other than any length of highway; and
“the 1990 Act ” means the Town and Country Planning Act 1990 .
Alteration of development area
3
Subject to the following provisions of this Order, the boundaries of the development area shall be altered so as to exclude the excluded area and, as regards any matter arising after the date of the coming into force of this Order, any reference in an enactment to the development area shall be a reference to that area as it has been altered by this Order.
Transitional provisions in connection with article 3
4
The development corporation may continue to exercise the powers conferred on it by section 136 of the Local Government, Planning and Land Act 1980 —
a
to hold, manage, reclaim and dispose of —
i
any land in the excluded area owned by it at the date of the coming into force of this Order; and
ii
any other property owned by it, at that date, in connection with any land in the excluded area;
b
without prejudice to paragraph (a), where the freehold interest of any land in the excluded area is owned by the development corporation, to acquire, hold, manage, reclaim and dispose of a leasehold interest in such land;
c
without prejudice to paragraph (a), to acquire, hold, manage, reclaim and dispose of —
i
any land in the excluded area in, on, over or under which a private road, or part of a private road, has been built prior to the date of the coming into force of this Order in exercise of the powers in section 136, or
ii
any land adjacent to any part of that private road, where the acquisition of that land is for the purpose of the subsequent disposal of that road or that part of the road;
d
to discharge any obligation, exercise any right, power or privilege or assign any benefit under any agreement entered into by it in connection with the excluded area before the date of the coming into force of this Order; and
e
to commence, defend or carry on any proceedings in connection with any matter arising under or in relation to any such agreement as is mentioned in paragraph (d) above and to take such further steps as may be expedient in connection with any such proceedings;
and such powers shall be exercised as if the excluded area continued to form part of the development area.
Liability for compensation
5
1
Where a right to compensation arises, in consequence of the acquisition or vesting of any land within the excluded area by or in the development corporation under Part XVI of the Local Government, Planning and Land Act 1980 (urban development), the development corporation shall be liable for any compensation which is payable.
2
Where a right to compensation arises under Part I of the Land Compensation Act 1973 (compensation for depreciation caused by use of public works) in relation to any land within the excluded area, in consequence of any action taken by the development corporation in the development area, the development corporation shall be liable for any compensation which is payable.
Transitional provisions in connection with planning functions
6
1
Subject to articles 7 and 8, this article applies as respects any planning functions which were transferred to the development corporation by the London Docklands Development Corporation (Planning Functions) Order 1990 and in respect of which the development corporation ceased, by virtue of the preceding provisions of this Order, to be the local planning authority responsible for exercising those functions.
2
Anything which before the date of the coming into force of this Order was in the process of being done by, to or in relation to the development corporation in connection with any of the functions mentioned in paragraph (1) above may be continued after that date by, to or in relation to the authority.
Transitional provisions in connection with planning applications
7
1
This article applies as respects any application for planning permission or approval of reserved matters or for any other approval, consent or determination under the 1990 Act, or the Planning (Listed Buildings and Conservation Areas) Act 1990 , or under any order or regulations made or having effect under either of those Acts —
a
which, before the date of the coming into force of this Order, was duly made to the development corporation and which has not been determined on or before that date, and
b
in respect of which the development corporation ceases, by virtue of the preceding provisions of this Order or by virtue of a direction made under section 77 of the 1990 Act (reference of application to Secretary of State), to be the local planning authority responsible for determining the application.
2
Except where the development corporation transmits the application to the authority for determination in accordance with paragraph (3), subject to paragraph (6) the development corporation shall have in relation to an application the same powers and duties as it would have had if this Order had not come into force.
3
The development corporation shall transmit to the authority for determination —
a
any application which it has resolved with the agreement of the applicant to transmit to the authority; and
b
any other application which it has not determined before 5th December 1997,
other than any application in respect of which a direction has been made under section 77 of the 1990 Act.
4
Subject to paragraph (5), where the development corporation transmits an application to the authority for determination, the application shall be accompanied by a copy of any representation received by the development corporation concerning the application and shall be treated as received by the authority from the applicant on the day on which it is transmitted to the authority.
5
Where notices, certificates, publicity or consultations have been, or are in the process of being, given or carried out in relation to an application before the day on which it is transmitted to the authority, paragraph (4) shall not be construed as requiring further notices, certificates, publicity or consultations solely because the application is treated as received by the authority from the applicant on that day.
6
Where an appeal is made to the Secretary of State under section 78 of the 1990 Act or section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in relation to an application to which this article applies, the authority shall be the local planning authority for the purposes of the appeal.
7
The authority shall be the local planning authority in relation to any application in respect of which a direction has been made under section 77 of the 1990 Act —
a
where the development corporation has resolved with the agreement of the authority that the authority shall be the local planning authority in relation to that application; and
b
in any other case, where the application has not been determined before 5th December 1997 or has not been finally determined before that date following an application to the High Court under section 288 of the 1990 Act.
Liability for compensation in connection with planning functions and planning obligations
8
1
Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 of the 1990 Act or section 28 or 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in consequence of action taken in relation to land within the excluded area by the development corporation, the development corporation shall be liable for any compensation which is payable.
2
Where the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of a matter arising before the date of the coming into force of this Order, which relates to land within the excluded area, the development corporation shall be liable to pay any compensation arising from the order or notice.
3
A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act in relation to land within the excluded area which identifies the development corporation as the local planning authority by whom the obligation is enforceable shall be enforceable by the authority.
Signed by authority of the Secretary of State for the Environment
Angela Eagle
Minister of State,
Department of the Environment, Transport and the Regions
21st July 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Indicative Amounts) Regulations 1997 and shall come into force on 1st April 1997.
2
In these Regulations, unless the context otherwise requires —
“the 1977 Act ” means the National Health Service Act 1977;
“the 1990 Act ” means the National Health Service and Community Care Act 1990;
“the Drug Tariff ” means the statement published from time to time under regulation 18 of the National Health Service (Pharmaceutical Services) Regulations 1992 ;
“listed appliance” means an appliance which is included in a list for the time being approved by the Secretary of State for the purposes of section 41 of the 1977 Act;
“manufacturer’s list price” means the price the manufacturer of a drug or medicine or his agent from time to time publishes as being the price of that drug or medicine;
“ Prescription Pricing Authority ” means the Special Health Authority now constituted by the Prescription Pricing Authority Constitution Order 1990 ;
“ Welsh Health Common Services Authority ” means the Special Health Authority now constituted by the Welsh Health Common Services Authority Constitution Order 1990 .
Basic price of drugs, medicines and listed appliances
2
1
For the purposes of section 18 of the 1990 Act (indicative amounts for doctors’ practices), in a given month the basic price of a listed appliance or of a given quantity of a drug or medicine is —
a
its net cost calculated in accordance with paragraph (2); minus
b
an amount representing a percentage applicable to the given month of its net cost, being a percentage calculated in accordance with paragraph (3) and published by the Secretary of State, plus
c
the amount specified in Part IV of the Drug Tariff for the given month as the allowance for containers and specified measuring devices (but the amount is not to be added in the case of —
i
a listed appliance supplied with oxygen, or in connection with the supply of oxygen, or
ii
drugs and medicines supplied in bulk, as defined in paragraph (5)).
2
For the purposes of paragraph (1)(a), the net cost of a listed appliance is its price as specified in the Drug Tariff for the given month, and the net cost of a drug or medicine is —
a
where it is included in the Drug Tariff for that month and a price is specified for the given quantity, that price, or
b
otherwise, the manufacturer’s list price for that quantity.
3
The percentage referred to in paragraph (1)(b) is calculated as respects practices whose relevant Health Authority is in England, by the Prescription Pricing Authority, and as respects practices whose relevant Health Authority is in Wales, by the Welsh Health Common Services Authority, by
a
adding together all the deductions made pursuant to the deduction scale in Part V of the Drug Tariff in calculating the remuneration of pharmacists in England or, as the case may be, in Wales for the given month for dispensing;
b
dividing that sum by the total net cost of items dispensed by pharmacists in England or, as the case may be, in Wales for the given month, and
c
multiplying the result by 100.
4
Where in respect of any given month, the sum of all the basic prices calculated in accordance with paragraph (1) of all the drugs, medicines and listed appliances supplied pursuant to orders given by or on behalf of the members of the practice is not an exact number of pounds, then for that month any amount of 50 pence or more shall be rounded up to, and any amount less than 50 pence shall be rounded down to, the nearest whole pound.
5
For the purposes of this regulation, a drug or medicine is supplied in bulk only when —
a
it is ordered by a doctor for two or more of his patients;
b
those patients reside in a school or institution in which at least 20 persons reside;
c
the name of that school or institution is written on the order; and
d
at least 10 of the persons residing in the school or institution are patients of the doctor who ordered the drug or medicine.
Application of section 18 of the 1990 Act to practices with members on the list of a Health Board
3
In relation to a practice of which a member is on the medical list of a Health Board as well as on that of a Health Authority, section 18 of the 1990 Act shall have effect subject to the modification that subsection (2) shall have effect as if at the end there were added the words
or with respect to a practice where —
a
at least one member of the practice is on the medical list of a Health Board as well as on that of a Health Authority; and
b
more patients on the lists of the members of the practice reside in Scotland than in England
.
Revocation
4
The National Health Service (Indicative Amounts) Regulations 1991 are hereby revoked.
signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
20th March 1997


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Individual Pupils' Achievements) (Information) Regulations 1997 and shall come into force on 20th June 1997.
2
These Regulations apply in relation to pupils and former pupils at maintained schools in England only.
Revocation
2
The Education (Individual Pupils' Achievements) (Information) Regulations 1993 , the Education (Individual Pupils' Achievements) (Information) (Amendment) Regulations 1995 and the Education (Individual Pupils' Achievements) (Information) (Amendment) Regulations 1996 shall be revoked.
Interpretation
3
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Education Act 1996;
“the associated documents” means the documents published by Her Majesty’s Stationery Office, setting out any levels of attainment, attainment targets and end of key stage descriptions in relation to the foundation subjects, which documents have effect by virtue of the respective section 356(2)(a) and (b) orders for those subjects for the time being in force ;
“attendance record” means the record of a pupil’s school attendance contained in the attendance register kept in accordance with section 434 of the Act and the Education (Pupil Registration) Regulations 1995 ;
“core subjects” means English, mathematics, and science;
“education welfare officer” means any person who is employed by a local education authority and whose duties include securing the regular attendance at school of pupils of compulsory school age;
“external marking agency” means a body nominated by the School Curriculum and Assessment Authority (or by any successor body to that Authority) and approved by the Secretary of State to mark NC tests;
“foundation subjects” means art, geography, history, a modern foreign language specified in an order by the Secretary of State , music, physical education, technology and any core subject;
“ GCE ‘A’ level examinations” and “ GCE ‘AS’ examinations” mean General Certificate of Education advanced level examinations and General Certificate of Education advanced supplementary examinations respectively;
“ GCSE ” means the General Certificate of Secondary Education;
“ IB ” means the International Baccalaureate Diploma;
“key stage” means any of the periods set out in paragraphs (a) to (d) respectively of section 355(1) of the Act, and a reference to the first, second, third or fourth key stage is a reference to the periods set out respectively in the said paragraphs (a) to (d);
“maintained school” means —
any county or voluntary school;
any maintained or grant-maintained special school (other than one established in a hospital); and
any grant-maintained school;
“NC tasks” means National Curriculum standard tasks administered to pupils pursuant to article 5 of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995 ;
“NC tests” means National Curriculum tests administered to pupils to assess the level of attainment which they have achieved in any core subject being tests laid down in provisions made by the Secretary of State under orders made under section 356(2)(c) of the Act which have been published by Her Majesty’s Stationery Office;
“school day” means a day on which the school meets;
“section 356(2)(a) and (b) orders” means orders made under section 356(2)(a) and (b) of the Act specifying attainment targets and programmes of study;
“the statutory arrangements” means assessment arrangements specified by orders made under section 356(2)(c) of the Act;
“teacher assessment” means assessment of a pupil’s level of attainment in an attainment target or foundation subject by the pupil’s teacher as specified in the statutory arrangements;
“vocational qualification” includes a credit towards such a qualification; and
“the 1995 (Key Stage 1) Order ” means the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) Order 1995 ;
“the 1995 (Key Stage 2) Order ” means the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1995 ;
“the 1996 (Key Stage 3) Order ” means the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1996 ;
references to levels, attainment targets and end of key stage descriptions are references to, respectively, the levels of attainment, attainment targets and end of key stage descriptions set out in the associated documents.
2
In these Regulations a reference to an attainment target or foundation subject from which a pupil is exempt is to an attainment target or foundation subject which does not apply to a pupil by virtue of any regulations made under section 363 of the Act , provision made pursuant to section 364 of the Act in the pupil’s statement of special educational needs made under section 324 of the Act or a direction given by the head teacher pursuant to regulations made under section 365 of the Act .
3
In these Regulations, unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to a regulation in, or a Schedule to, these Regulations so numbered and any reference to a paragraph is to a paragraph of the regulation or Schedule in which the reference is made, and any reference to a sub-paragraph is a reference to a sub-paragraph of the paragraph in which the reference is made.
Head teacher’s report to parents and adult pupils
4
1
The head teacher of every maintained school shall each school year make available to the persons specified in paragraph (2) in writing a report containing the information specified in paragraphs (3) to (5).
2
The persons are —
a
in the case of pupils registered at the school aged 18 or over at the time a report is sent and who are not proposing to leave school by the end of the school year to which the report relates, each such pupil and, if the head teacher considers there to be special circumstances which make it appropriate, the parent of each such pupil;
b
subject to sub-paragraph (c), in the case of all other pupils registered at the school, the parent of each such pupil;
c
sub-paragraph (b) does not apply to any pupil registered at the school who has ceased to be of compulsory school age and who is proposing to leave the school or who has left the school (and in respect of whom the information in regulation 6 is to be made available to the pupil concerned).
3
The report shall contain the information about the educational achievements of the pupil to whom or to whose parent the report is sent and the other information relating to him specified —
a
as respects pupils in the final year of any of the first, second, third or fourth key stages, in Part 1 of Schedule 1;
b
as respects pupils in any other year of a key stage, in Part 2 of Schedule 1;
c
as respects pupils who have been entered for GCE ‘A’ level or GCE ‘AS’ examinations or IB or who have obtained a vocational qualification, in Part 3 of Schedule 1; and
d
as respects all other pupils, in Part 4 of Schedule 1.
4
In the case of the pupils registered at the school in the final year of the first, second or third key stage there shall be included in the report the information relating to the educational achievements of all other pupils in that key stage registered at the school whose achievements were assessed at the same time as the pupil’s achievements, and the other information relating to such pupils, specified in Schedule 2.
5
In the case of the pupils registered at the school in the final year of the first, second or third key stage there shall be included in the report the information specified in paragraph 1, 2 or 3, as the case may be, of Schedule 3 relating to the educational achievements of all pupils at schools in England who were in the final year of that key stage in the preceding school year and whose achievements were assessed in that preceding school year.
6
Nothing in this regulation shall prevent the information specified in paragraphs (3) to (5) being contained in more than one report provided that, subject to paragraph (8), the head teacher shall each school year send such information by post or otherwise before the end of the summer term.
7
The period to which a report containing any information specified in paragraph (3) relates shall in all cases begin with the later of —
a
the pupil’s admission to the school; and
b
the end of the period to which the last report on such matters made pursuant to these Regulations, or as the case may be the regulations revoked by regulation 2, related.
8
Where any of the particulars necessary to provide the information specified in paragraph (9) are not received by the head teacher until after the end of the summer term, he shall send such information as soon as practicable and in any event not later than the following 30th September.
9
The information is —
a
the results of public examinations taken or details of vocational qualifications achieved by a pupil; or
b
the results of NC tests taken by a pupil at the end of the second or third key stage or pursuant to article 7(1) of the 1995 (Key Stage 1) Order as given in the record of results provided by the external marking agency in accordance with, as the case may be, the 1995 (Key Stage 2) Order or the 1996 (Key Stage 3) Order; or
c
the information referred to in paragraphs 2(3) and 3(4) of Schedule 1 and paragraphs 2 and 3 of Schedule 2.
10
Paragraphs (11) and (12) apply where, before the end of the summer term the head teacher has requested, but not received the result of, a review by the external marking agency of the result of any of the NC tests taken by a pupil in the final year of the second or third key stage or pursuant to article 7(1) of the 1995 (Key Stage 1) Order.
11
The information specified in paragraph (3)(a) shall indicate that the result which is the subject of the review is provisional.
12
Once the review result has been received by the head teacher, he shall send as soon as practicable and in any event not later than the following 30th September after that summer term, information giving the reviewed result of the NC tests, to those persons who earlier received the information pursuant to paragraphs (1) and (11) whether or not it is different from that as originally notified to those persons.
Additional information to be made available
5
1
In the case of a pupil in the final year of a key stage, the head teacher shall, if requested by the pupil’s parent, make available to the parent information consisting of his levels in each attainment target in any of the foundation subjects in accordance with the statutory arrangements if any information has not previously been made available pursuant to these Regulations.
2
The head teacher shall comply with such a request within fifteen school days of its receipt by him.
School leaver’s report
6
1
The head teacher of every maintained school shall make available to any pupil who has ceased to be of compulsory school age and is proposing to leave or has left the school the information referred to in paragraph (2).
2
The information consists of —
a
the pupil’s name;
b
the pupil’s school; and
c
brief particulars of the pupil’s progress and achievements in subjects and activities forming part of the school curriculum (other than in relation to any public examination or vocational qualification) in the school year during or at the end of which the pupil left the school.
3
The information referred to in paragraph (2) shall be included under the heading “Achievements in Education” in the form specified in Schedule 4, or a form to the like effect.
4
The form in which the information referred to in paragraph (2) is made available shall provide for signature by the pupil and by a teacher who is familiar with the pupil and his achievements.
5
Such information shall be made available to the pupil not later than 30th September next following the end of the school year during or at the end of which the pupil left the school.
Report when pupil changes school
7
1
Subject to paragraph (4) where a pupil ceases to be a registered pupil at a maintained school (his “old” school) and becomes a registered pupil at another school (his “new” school), the head teacher of the pupil’s old school shall at the time referred to in paragraph (3) send to the head teacher of his new school a report about the pupil containing the information referred to in paragraph (2).
2
The information is —
a
the subject and attainment target levels achieved by the pupil in each of the core subjects shown by his most recent and all previous assessments (where available) in accordance with the statutory arrangements specifying —
i
in the case of assessments in respect of the final year of Key Stage 1, both teacher and NC task assessed levels, and
ii
in the case of assessments in respect of the final year of the second or third key stage, levels assessed by both teacher assessment and the results of any NC tests;
b
in the case of assessments in the final year of the third key stage —
i
the most recent and all previous (where available) teacher assessed levels in accordance with the statutory arrangements in respect of the subject and attainment target levels achieved by the pupil in design and technology and a modern foreign language and the teacher assessed levels achieved by the pupil in geography, history and information technology; and
ii
a brief statement indicating what the pupil has achieved in relation to the end of key stage descriptions for art, music and physical education as assessed in accordance with the statutory arrangements;
c
in the case of a pupil of compulsory school age, his teachers' most recent assessments of his achievements in relation to all attainment targets in the core subjects in accordance with the statutory arrangements since the later of his last assessment in accordance with the statutory arrangements and his admission to the old school; and
d
the results of any public examinations taken and details of vocational qualifications achieved by him (including results of such examinations taken and details of such qualifications achieved, when the pupil was a registered pupil at another maintained school).
3
The head teacher of the pupil’s old school shall send the report within fifteen school days of the pupil’s ceasing to be registered at the school.
4
This regulation does not apply where it is not reasonably practicable for the head teacher of the old school to ascertain the pupil’s new school or where the pupil was registered at his old school for less than four weeks.
5
Notwithstanding paragraph (4) if the head teacher of the pupil’s old school receives at any time a request from the head teacher of the pupil’s new school for a report about the pupil he shall send one containing the information referred to in paragraph (2) within fifteen school days of receiving the request.
Restrictions on provision of information
8
1
The provisions of paragraph (2) apply to the information required to be provided by regulation 4 consisting of brief particulars of a pupil’s skills and abilities and general progress.
2
Nothing in regulation 4 shall require the making available of any information —
a
originating from or supplied by or on behalf of any person other than —
i
an employee of the local education authority which maintains the school;
ii
in the case of a grant-maintained or voluntary aided school, a teacher or other employee at the school (including an educational psychologist engaged by the governing body under a contract for services);
iii
an education welfare officer;
iv
the person requesting disclosure; or
b
to the extent that it would reveal, or enable to be deduced, the identity of a person (other than the pupil to whom that information relates or a person mentioned in sub-paragraph (a)) as the source of the information or as a person to whom that information relates.
3
Nothing in these Regulations shall require the making available of any information —
a
to the extent that disclosure would in the opinion of the head teacher be likely to cause serious harm to the physical or mental health or emotional condition of the pupil to whom the information relates or of any other person; or
b
to the extent that in the opinion of the head teacher it is relevant to the question whether the pupil to whom it relates is or has been the subject of or may be at risk of child abuse; or
c
so as to disclose the levels in any attainment target or subject of any other pupil.
4
In this regulation “child abuse” includes physical (other than accidental) injury to, and physical and emotional neglect, ill-treatment or sexual abuse of, a child.
Translation of report
9
If it appears requisite to the head teacher of any school that any information which these Regulations require him to make available should be translated into a language other than English, it shall be so translated and these Regulations shall apply to the translated information as they apply to the original information.
Estelle Morris
Parliamentary Under Secretary of State,
Department for Education and Employment
29th May 1997


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Clun) Designation (Amendment) Order 1997 and shall come into force on 1st July 1997.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Clun) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Rates of payment under agreement
4
In article 6 of the principal Order —
a
in paragraph (1) —
i
for the amount “£30” there shall be substituted the amount “£40”, and
ii
for the amount “£10” there shall be substituted the amount “£12”;
b
in paragraph (2), in the table, in the right hand column —
i
for the figure “80” there shall be substituted the figure “85”,
ii
for the figure “170” there shall be substituted the figure “180”, and
iii
for the figure “240” there shall be substituted the figure “255”.
Amendment to Schedule
5
In Schedule 8 (conservation plan operations) to the principal Order, for paragraph 5, there shall be substituted the following two paragraphs:
5
The creation or restoration of ponds.
5A
The restoration of wet areas, wet meadows or river banks.
.
Saving
6
The amendments made to the principal Order by article 4 of this Order shall not apply in respect of any payment made to a farmer which relates wholly or in part to any period before 1st April 1997.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th June 1997
We consent,
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 1997


text:
Citation and commencement
1
These Regulations may be cited as the Air Passenger Duty and Other Indirect Taxes (Interest Rate) Regulations 1997 and shall come into force on 1st April 1997.
Applicable rate of interest payable to the Commissioners of Customs and Excise in connection with air passenger duty, insurance premium tax, VAT recovered or recoverable by assessment and landfill tax.
2
For the purposes of —
a
paragraph 7 of Schedule 6 to the Finance Act 1994 ,
b
paragraph 21 of Schedule 7 to that Act,
c
section 74 of the Value Added Tax Act 1994 , and
d
paragraph 26 of Schedule 5 to the Finance Act 1996,the rate applicable under section 197 of the Finance Act 1996 shall be 6.25 per cent. per annum.
Applicable rate of interest payable by the Commissioners of Customs and Excise in connection with air passenger duty, insurance premium tax, cases of official error in relation to VAT and landfill tax
3
On the coming into force of these Regulations, for the purposes of —
a
paragraph 9 of Schedule 6 to the Finance Act 1994,
b
paragraph 22 of Schedule 7 to that Act,
c
section 78 of the Value Added Tax Act 1994, and
d
paragraph 29 of Schedule 5 to the Finance Act 1996,the rate applicable under section 197 of the Finance Act 1996 shall be 6 per cent. per annum.
Bowen Wells
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Dartford–Thurrock Crossing (Amendment) Regulations 1997 and shall come into force on 1st September 1997.
Abnormal loads
2
For Parts I and II of the Table to Regulation 2 of the Dartford–Thurrock Crossing (Amendment) Regulations 1996 (“the 1996 Regulations ”) there shall be substituted the following: —
PART I
Time of Commencement of Passage 1996 Charge 1997 Charge Overall width
Greater than 2.75 metres and not more than 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £38 £39 Greater than 2.75 metres and not more than 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £18 £19 Greater than 6.1 metres At any time £173 £178 Overall length Greater than 18.3 metres and not more than 27.4 metres Passage commencing after 06.00 hours and before 22.00 hours £38 £39 Greater than 18.3 metres and not more than 27.4 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £18 £19 Greater than 27.4 metres At any time £173 £178 Total weight of vehicle Greater than 150,000 kilograms At any time £173 £178
PART II
Time of Commencement of Passage 1996 Charge 1997 Charge
Overall Width Greater than 3.65 metres and not more than 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £38 £39 Greater than 3.65 metres and not more than 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £18 £19 Greater than 6.1 metres At any time £173 £178 Overall length Greater than 27.4 metres At any time £173 £178 Total weight of vehicles Greater than 150,000 kilograms At any time £173 £178
Dangerous goods
3
In regulation 3 of the 1996 Regulations for the reference to the booklet entitled “Dangerous Traffic”, 9th edition issued in 1996, there shall be substituted a reference to the 9th edition of that booklet issued in 1997.
Removal of stationary vehicles
4
For the table to regulation 4 of the 1996 Regulations there shall be substituted the following table:
(1) 1996 (1) 1997 (2) 1996 (2) 1997 Minimum Charge Minimum Charge Additional Charge Additional Charge
Motor cycle & combinations £8 £8 £3 £3 Vehicles with two axles — which could not be removed otherwise than by a large breakdown vehicle £53 £54 £17 £18 in any other case £31 £32 £10 £10 Vehicles with more than two axles £105 £108 £35 £36
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Helene Hayman
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
30th July 1997