text:
Title, commencement and extent
1
These Regulations may be cited as the Bovine Products (Production and Despatch) Regulations 1997, shall come into force on 15th March 1997 and shall extend to Great Britain.
Interpretation
2
In these Regulations —
“bovine animal” means a bull, cow, steer, heifer or calf;
“Commission Decision 96/239/ EC ” means Commission Decision 96/239/EC on emergency measures to protect against bovine spongiform encephalopathy , as amended by Commission Decision 96/362/EC ;
“controlled bovine by-product” means —
gelatin;
an amino acid;
a peptide;
tallow; or
a product derived, by hydrolysis at a temperature of at least 250°C, from tallow (other than tallow produced in accordance with regulation 3(1) below),
produced in the United Kingdom from any part of a bovine animal and which is —
liable to enter the human food chain or animal feed chain; or
destined for use in cosmetic, medical or pharmaceutical products;
“inspector” means —
a person appointed as such by the Minister;
a person appointed as such by a local authority in relation to its enforcement responsibilities under these Regulations; and
any veterinary surgeon appointed under regulation 3(4)(b) or 6(1)(b) below,
and includes a veterinary inspector;
“local authority” means —
in relation to England —
as respects each district or London borough, the council of that district or borough;
where there is a Port Health Authority, that authority in addition to the authority specified in paragraph (i) above;
as respects the City of London, the Common Council; and
as respects the Isles of Scilly, the Council of the Isles of Scilly;
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ; and
in relation to Wales —
as respects each county or county borough the council of that county or county borough; and
where there is a Port Health Authority, that authority in addition to the authority specified in paragraph (i) above.
“the Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland or Wales, the Secretary of State;
“the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State;
“relevant goods” means —
meat for human consumption;
any meat product for human consumption;
any meat preparation for human consumption; or
food for domestic carnivores,
obtained from a bovine animal which was not slaughtered in the United Kingdom;
“vertebral column” includes any part thereof; and
“veterinary inspector” means a person appointed as a veterinary inspector by the Minister.
Production of controlled bovine by-products
3
1
Any person who produces a controlled bovine by-product of any type shall ensure that —
a
it is produced —
i
in an establishment registered by the Minister for the production of by-products of that type under paragraph (2) below; and
ii
from bovine animals slaughtered outside the United Kingdom; or
b
it is produced —
i
in an establishment registered by the Minister for the production of by-products of that type under paragraph (3) below; and
ii
in accordance with paragraphs (4) and (5) below.
2
The Minister shall register an establishment for the purposes of this regulation and in respect of the type of controlled bovine by-products named in the registration where, following an inspection of that establishment by a veterinary inspector, he is satisfied that no material derived from bovine animals slaughtered in the United Kingdom is used in the production of controlled bovine by-products there.
3
The Minister shall register an establishment for the purposes of this regulation and in respect of the type of controlled bovine by-products named in the registration where —
a
following an inspection of that establishment by a veterinary inspector, he is satisfied that the controlled bovine by-products of that type produced there are produced in accordance with the appropriate conditions specified in the Annex to Commission Decision 96/239/EC ;
b
he is satisfied that no vertebral column derived from any bovine animal is used there in the production of such by-products; and
c
in the case of a registration in respect of gelatin, the Commission of the European Communities has set the date referred to in Article 1(c)(3) of Commission Decision 96/239/EC in respect of gelatin.
4
Controlled bovine by-products produced from bovine animals slaughtered in the United Kingdom shall be produced —
a
in accordance with the appropriate conditions specified in the Annex to Commission Decision 96/239/EC ; and
b
under the control of a veterinary surgeon appointed by the Minister,
and no vertebral column derived from any bovine animal shall be used in such production.
5
In respect of controlled bovine by-products produced from bovine animals slaughtered in the United Kingdom —
a
the establishment at which that by-product was produced; and
b
the method by which it was produced,
shall be clearly indicated, either by means of a label affixed to the by-product, or on its packaging or in commercial documentation accompanying it.
6
The operator of an establishment registered under paragraph (2) or (3) above shall give the Minister prior written notice of any material change in the identity of the suppliers of the materials used by him in the manufacture of controlled bovine by-products or of the facilities or processes used at that establishment in manufacturing such by-products.
7
The Minister may de-register premises registered under paragraph (2) or (3) above where the requirements of that paragraph are no longer satisfied, or where the operator has failed to give notice to the Minister as required under paragraph (6) above.
Control of the consignment of bovine material
4
1
Any person who consigns from any place, or transports, material derived from any part of any bovine animal to any establishment registered for the purposes of regulation 3(3) above, shall ensure that —
a
any material derived from such an animal which includes any part of its vertebral column is contained in an impervious container which is clearly labelled to indicate that it contains bovine vertebral column; and
b
any other material is contained in an impervious container which is clearly labelled as not containing bovine vertebral column.
Use and despatch of controlled bovine by-products
5
1
Any person who uses any controlled bovine by-product in the production of any product (other than a controlled bovine by-product) which is —
a
liable to enter the human food chain or animal feed chain; or
b
destined for use as or in any cosmetic, medical or pharmaceutical product,
shall ensure that that by-product was produced —
i
in accordance with regulation 3 above;
ii
(in the case of a controlled bovine by-product produced in Northern Ireland) in accordance with Northern Ireland legislation having equivalent effect to these Regulations; or
iii
(in the case of gelatin produced, from bovine animals slaughtered outside the United Kingdom, before 24th December 1996) in an establishment which complied with the conditions for registration under regulation 3(2) above at the time of manufacture and which has subsequently been registered in accordance with it; or
iv
(in the case of a controlled bovine by-product, other than gelatin, produced, from bovine animals slaughtered outside the United Kingdom, before 15th March 1997) in an establishment which complied with the conditions for registration under regulation 3(2) above at the time of manufacture and which has subsequently been registered in accordance with it.
2
No person shall despatch from Great Britain to another member State any controlled bovine by-product produced in an establishment registered under regulation 3(3) above unless it is accompanied by a health certificate issued by a veterinary inspector specifying that it was produced in compliance with the conditions specified in the Annex to Commission Decision 96/239/EC .
Despatch of meat and other products from bovine animals slaughtered outside the United Kingdom
6
1
No person shall despatch from Great Britain to another member State any relevant goods unless —
a
each stage of the production of those goods which took place in the United Kingdom took place in an establishment approved —
i
by the Minister for the purposes of this regulation; or
ii
(in the case of a stage of production taking place in Northern Ireland) under Northern Ireland legislation having equivalent effect to these Regulations;
b
each stage of the production of those goods was under the control of a veterinary surgeon appointed by either of the Ministers;
c
the goods are accompanied by a health certificate issued by such a veterinary surgeon stating that they were produced in such an establishment; and
d
the goods are despatched in accordance with any relevant provisions of Part II of the Animals and Animal Products (Import and Export) Regulations 1995 or Part II of the Products of Animal Origin (Import and Export) Regulations 1996 .
2
The Minister shall approve an establishment for the purposes of this regulation where, following an inspection of that establishment by a veterinary inspector, he is satisfied that it has in place a system for tracing through the production process the raw material used in the production of any relevant goods which ensures that it is possible to identify the origin of the raw material contained in any relevant goods despatched from that establishment.
3
The operator of an establishment approved under paragraph (2) above shall give the Minister prior written notice of any material change in the identity of the suppliers of the materials used by him in the manufacture of relevant goods or of the facilities or processes used at that establishment in manufacturing such goods.
4
The Minister may withdraw an approval granted under paragraph (2) above where the requirements of that paragraph are no longer satisfied, or where the operator of an establishment has failed to give him notice as required by paragraph (3) above.
5
For the purposes of paragraph (1) above, the storage of any relevant goods shall not be treated as a stage of production where —
a
the goods are accompanied by the required documents;
b
all of the goods listed in those documents are present; and
c
all packaging is sealed and has not been opened since completion of the documents.
6
For the purposes of paragraph (5) above “the required documents” means —
a
in respect of goods originating in another member State, the documents required for the import of those goods by the relevant directive listed in Schedule 3 to the Animals and Animal Products (Import and Export) Regulations 1995 or Schedule 3 to the Products of Animal Origin (Import and Export) Regulations 1996; and
b
in respect of goods originating in a third country, the certificate referred to in regulation 21(3)(a) of the Products of Animal Origin (Import and Export) Regulations 1996.
Fees
7
The Minister may charge such reasonable fees as he may determine in respect of any costs reasonably incurred by him in connection with —
a
the control exercised under regulation 3(4)(b) or 6(1)(b) above by a veterinary surgeon appointed by him;
b
the issue of a health certificate under regulation 5(2) or 6(1)(c) above; and
c
the approval of an establishment pursuant to regulation 6 above.
Powers of inspectors
8
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises (excluding premises used only as a dwelling) for the purpose of ascertaining whether there is or has been on the land or premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter —
a
any establishment registered under regulation 3 above or approved under regulation 6 above in order to ascertain whether the requirements of that regulation are satisfied in that establishment; and
b
any land or premises (excluding premises used only as a dwelling) from which material derived from bovine animals is consigned to an establishment registered under regulation 3 above or approved under regulation 6 above, for the purpose of ensuring that the use of such material for the manufacture of specified bovine by-products at that establishment is permitted under these Regulations.
3
An inspector shall have power to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular he may —
a
carry out inspections of any process specified in the Annex to Commission Decision 96/239/EC and anything used for the marking and identification of products and materials;
b
take samples (and, if necessary, send the samples for laboratory testing) from any product or material;
c
examine documentary or data processing material relevant to the checks carried out under these Regulations;
d
take with him any person he deems necessary to carry out the necessary checks and examinations;
e
take with him a representative of the European Commission acting for the purposes of Commission Decision 96/239/EC ; and
f
require any person who is or appears to be in control of relevant goods or controlled bovine by-products to arrange, at his own expense, for those goods or products to be removed from any store, vehicle, container, packing or wrapping.
4
Where an inspector has a reasonable suspicion that a consignment of any controlled bovine by-products, of any relevant goods, or of the material described in regulation 4 above, is illegal, he may require the person in control of any health certificate or commercial documentation accompanying the consignment to deliver it and any copies of it to him on demand and may, in respect of the consignment or any part of it —
a
give notice that, until the notice is withdrawn, it may not be removed or may not be removed except to some place specified in the notice;
b
give notice that it must be removed at the expense of the person who is or appears to be in control of the consignment to some place specified in the notice; or
c
seize it and remove it in order to have it dealt with by a justice of the peace.
5
Where an inspector exercises the power conferred by paragraph (4) above, he shall as soon as is reasonably practicable, and in any event within 21 days, determine whether he is satisfied that the consignment is not illegal and —
a
if he is so satisfied, he shall return any health certificate or commercial documentation which has been delivered to him, withdraw any notice given pursuant to paragraph (4)(a) above relating to the consignment and return anything which he has seized; or
b
if he is not so satisfied, he shall inform the person in charge of the consignment of his intention to have it dealt with by a justice of the peace and —
i
any person who may be liable for prosecution in respect of the consignment shall, if he attends before the justice of the peace by whom the matter falls to be dealt with, be entitled to be heard and to call witnesses; and
ii
that justice of the peace may, but need not, be a member of the court before which any person is charged with any offence in relation to the consignment.
6
If it appears to a justice of the peace, on the basis of such evidence as he considers to be appropriate in the circumstances, that a consignment is illegal, he shall order that the consignment be destroyed and any expenses reasonably incurred in connection with such destruction and (where the consignment was seized pursuant to paragraph (4)(c) above) in connection with storage prior to destruction, be defrayed by the owner of the consignment, unless he is satisfied that, if the consignment is returned to the owner —
a
(in the case of a consignment of controlled bovine by-products) the owner will ensure that it is not used in any product liable to enter the human food chain or animal feed chain or in any cosmetic, medical or pharmaceutical product;
b
(in the case of material of the sort described in regulation 4 above) the owner will not consign it to any establishment registered for the purposes of regulation 3 above; or
c
(in the case of a consignment of relevant goods) the owner will not despatch it to another member State,
in which case the consignment shall be returned to him.
7
If a notice under paragraph (4)(a) above is withdrawn or anything seized is returned under paragraph (5)(a) above, or if a justice of the peace acting under paragraph (6) above does not find a consignment to be illegal, the Minister shall compensate the owner of the consignment for any depreciation in its value resulting from the action taken by the inspector.
8
Any disputed question as to the right to or the amount of any compensation payable under paragraph (7) above shall be determined by arbitration.
9
In the application of this regulation to Scotland —
a
any reference to a justice of the peace includes a reference to the sheriff and to a magistrate;
b
paragraph (5)(b)(ii) above shall not apply;
c
any order made under paragraph (6) above shall be sufficient evidence in any proceedings in relation to these Regulations of the fact that the consignment of relevant goods in question was falsely described; and
d
the reference in paragraph (8) above to determination by arbitration shall be construed as a reference to determination by a single arbiter appointed, failing agreement between the parties, by the sheriff.
10
A consignment is “illegal” for the purposes of this regulation if —
a
it is falsely described on its packaging, wrapping, label or any container in which it is placed, or in any health certificate or commercial documentation accompanying it;
b
(in the case of a consignment of controlled bovine by-products) it was produced in contravention of regulation 3(1) above;
c
(in the case of material of the sort described in regulation 4 above) it was not consigned in an impervious container clearly labelled in accordance with regulation 4 above; or
d
(in the case of a consignment of relevant goods) it was despatched in contravention of regulation 6(1) above.
Obstruction
9
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purpose of carrying out his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences and Penalties
10
1
A person contravening any provision of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
2
Paragraph (1) above does not apply to anything done or omitted by the Minister.
3
Section 20 of the Food Safety Act 1990 shall apply to the commission by any person of an offence under these Regulations, and section 21(1), (5) and (6) of that Act shall apply in any proceedings for an offence under these Regulations, as if the references to “any of the preceding provisions of this Part” were references to “these Regulations”.
Offences by bodies corporate
11
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Enforcement
12
1
Except as provided in paragraphs (2) and (3) below, these Regulations shall be executed and enforced by the Minister.
2
Regulations 4, 5 and 6(1) shall be executed and enforced by the local authority.
3
No proceedings shall be instituted for an offence under regulation 5 or 6(1) except with the consent of the Minister.
4
The Minister may direct, in relation to cases of a particular description or any particular case, that the duty imposed on a local authority under paragraph (2) or (3) above shall be discharged by the Minister and not by the local authority.
Amendment of the Animals and Animal Products (Import and Export) Regulations 1995
13
Regulation 6(5) of the Animals and Animal Products (Import and Export) Regulations 1995 shall be deleted, and the following paragraph shall be added at the end of regulation 5 of the Animals and Animal Products (Import and Export) Regulations 1995 —
5
This regulation shall apply without prejudice to the requirements of the Bovine Products (Production and Despatch) Regulations 1997.
.
Revocation of the Bovine Products (Despatch to other Member States) Regulations 1996
14
The Bovine Products (Despatch to other Member States) Regulations 1996 are hereby revoked.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
17th February 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
19th February 1997


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Plant Passport (Plant Health Fees) (England and Wales) (Amendment) Regulations 1997 and shall come into force on 1st September 1997.
Amendment of the Plant Passport (Plant Health Fees) (England and Wales) Regulations 1993
2
For the Schedule to the Plant Passport (Plant Health Fees) (England and Wales) Regulations 1993 , there shall be substituted the Schedule set out in the Schedule to these Regulations.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
6th August 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
4th August 1997
We consent,
John McFall
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
31st July 1997


text:
Commencement and citation
1
This Order may be cited as The A316 Trunk Road (Richmond) Red Route Traffic Order 1997, and shall come into force on 8th August 1997.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3 (1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
The A316 Trunk Road (Richmond) (No.2) Red Route Experimental Traffic Order 1996 and the London Borough of Richmond Upon Thames Waiting and Loading Restrictions Order 1994 No.11 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
24th July 1997


text:
Citation and commencement
1
This Order may be cited as the Severn Trent Water Limited (Extension of Byelaws) Order 1997 and shall come into force on 5th March 1997.
Extension of byelaws
2
The byelaws made by Severn Trent Water Authority on 13th March 1987 and having effect as if made by Severn Trent Water Limited shall remain in force until 30th September 1998.
Signed by authority of the Secretary of State
N Summerton
An Under Secretary in the
Department of the Environment
26th February 1997
Signed by authority of the Secretary of State
G Craig
An Under Secretary in the Welsh Office
4th March 1977


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning (General Permitted Development) (Amendment) Order 1997 and shall come into force on 1st April 1997.
2
In this Order “the 1995 Order ” means the Town and Country Planning (General Permitted Development) Order 1995 .
Agricultural buildings and operations
2
1
In Part 6 of Schedule 2 to the 1995 Order after paragraph A.2(4) insert —
5
Where development consists of works for the erection, significant extension or significant alteration of a building and
a
the use of the building or extension for the purposes of agriculture within the unit permanently ceases within ten years from the date on which the development was substantially completed; and
b
planning permission has not been granted on an application, or has not been deemed to be granted under Part III of the Act, for development for purposes other than agriculture, within three years from the date on which the use of the building or extension for the purposes of agriculture within the unit permanently ceased,
then, unless the local planning authority have otherwise agreed in writing, the building or, in the case of development consisting of an extension, the extension, shall be removed from the land and the land shall, so far as is practicable, be restored to its condition before the development took place, or to such condition as may have been agreed in writing between the local planning authority and the developer.
6
Where an appeal has been made, under the Act, in relation to an application for development described in paragraph 5(b), within the period described in that paragraph, that period shall be extended until the appeal is finally determined or withdrawn.
7
Where development is permitted by Class A(a), the developer shall notify the local planning authority, in writing and within 7 days, of the date on which the development was substantially completed.
2
In Part 6 of Schedule 2 to the 1995 Order after paragraph B.7 insert —
B.8
Development is permitted by Class B(a) subject to the following conditions —
a
Where development consists of works for the significant extension or significant alteration of a building and
i
the use of the building or extension for the purposes of agriculture within the unit permanently ceases within ten years from the date on which the development was substantially completed; and
ii
planning permission has not been granted on an application, or has not been deemed to be granted under Part III of the Act, for development for purposes other than agriculture, within three years from the date on which the use of the building or extension for the purposes of agriculture within the unit permanently ceased,
then, unless the local planning authority have otherwise agreed in writing, the extension, in the case of development consisting of an extension, shall be removed from the land and the land shall, so far as is practicable, be restored to its condition before the development took place, or to such condition as may have been agreed in writing between the local planning authority and the developer.
b
Where an appeal has been made, under the Act, in relation to an application for development described in paragraph B.8(a)(ii), within the period described in that paragraph, that period shall be extended until the appeal is finally determined or withdrawn.
c
The developer shall notify the local planning authority in writing and within 7 days, of the date on which the development was substantially completed.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
13th February 1997
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
17th February 1997


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Administration (Fraud) Act 1997 (Commencement No. 1) Order 1997.
2
In this Order, references to “the Act” are references to the Social Security Administration (Fraud) Act 1997 and, except where the context otherwise requires, references to sections and Schedules are references to sections of, and Schedules to, the Act.
Appointed day
2
The day appointed for the coming into force of the provisions of the Act specified in the Schedule to this Order is 1st July 1997.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
24th June 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Princess Alexandra Hospital National Health Service Trust (Transfer of Trust Property) Order 1996, and shall come into force on 25th March 1997.
2
In this Order —
“the Authority” means the former North Essex Health Authority established on 1st April 1996 ;
“the old Authority” means the North Essex Health Authority established on 1st April 1993 and abolished on 1st April 1996 ;
“the Trust” means the Princess Alexandra Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 8th December 1995, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 25th March 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
24th February 1997


text:
1
These Rules may be cited as the Rules of Procedure (Army) (Amendment No. 2) Rules 1997 and shall come into force on 1st February 1997.
2
In the Rules of Procedure (Army) 1972 , in rule 9(d), for the words which the accused is to be asked there shall be substituted the following words:
Do you wish to say anything? You do not have to say anything but it may harm your defence if you do not mention now something which you later rely on in court. If you do wish to say anything, it must be evidence given on oath. Any evidence you give will be taken down in writing and may be given in evidence in court.
.
James Arbuthnot
Minister of State, Ministry of Defence
8th January 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (New Deal) Regulations 1997 and shall come into force on 5th January 1998.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Meaning of certain expressions used in the Jobseekers Act 1995
2
In regulation 3 of the Jobseeker’s Allowance Regulations, for the definition of “employment” there shall be substituted the following —
“employment”, except as provided in regulations 4 and 75, includes any trade, business, profession, office or vocation;
.
Interpretation of Parts II, IV and V of the Jobseeker’s Allowance Regulations
3
In regulation 4 of the Jobseeker’s Allowance Regulations, in the definition of “employment” —
a
the words “, 19” shall be omitted; and
b
for the words “Parts II, IV and V” there shall be substituted the words “Parts II and IV”.
Linking periods
4
In paragraph (2) of regulation 48 of the Jobseeker’s Allowance Regulations, after sub-paragraph (e) , there shall be added the following sub-paragraph —
f
any period throughout which the claimant was participating —
i
in the Employment Option of the New Deal as specified in regulation 75(1)(a)(ii)(aa);
ii
either in the Voluntary Sector Option of the New Deal as specified in regulation 75(1)(a)(ii)(bb) or in the Environment Task Force Option of the New Deal as specified in regulation 75(1)(a)(ii)(cc) and was not entitled to a jobseeker’s allowance because, as a consequence of his participation in either of those options, the claimant was engaged in remunerative work or failed to satisfy the condition specified either in section 2(1)(c) or in section 3(1)(a).
.
Relevant education
5
At the end of regulation 54 of the Jobseeker’s Allowance Regulations there shall be added the following paragraph —
5
A young person who is participating in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) shall not be treated as receiving relevant education.
.
Prescribed period for the purposes of section 19(2) of the Jobseekers Act 1995
6
For sub-paragraph (ii) of paragraph (a) of regulation 69 of the Jobseeker’s Allowance Regulations there shall be substituted the following —
ii
either —
aa
where the determination mentioned in (i) above does not relate to an employment programme specified in regulation 75(1)(a)(ii), or the training scheme specified in regulation 75(1)(b)(ii), 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 (i) above relates to an employment programme specified in regulation 75(1)(a)(ii), or the training scheme specified in regulation 75(1)(b)(ii), 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 such a programme or scheme, and
.
Good cause for the purposes of section 19(5)(b)
7
In regulation 73 of the Jobseeker’s Allowance Regulations the following paragraph shall be inserted after paragraph (2) —
2A
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), a person is to be regarded as having good cause for any act or omission for those purposes if —
a
the act or omission relates to an employment programme specified in regulation 75(1)(a)(ii) or the training scheme specified in regulation 75(1)(b)(ii), and
b
he had not, prior to that act or omission, been given or sent a notice in writing by an employment officer referring to the employment programme or training scheme in question (“the specified programme”) and advising him that if any of the circumstances mentioned in section 19(5)(b) arise in his case in relation to the specified programme his jobseeker’s allowance could cease to be payable or could be payable at a lower rate.
.
Interpretation of section 19 of the Jobseekers Act 1995 and Part V of the Jobseeker’s Allowance Regulations
8
For regulation 75 of the Jobseeker’s Allowance Regulations there shall be substituted the following —
Interpretation
75
1
For the purposes of section 19 and of this Part:
a
“an employment programme” means —
i
any one of the following programmes of advice, guidance or job search assistance provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 , known as —
aa
Jobplan Workshop, being a programme of up to one week to provide advice and guidance on jobs, training and employment opportunity;
bb
1-2-1, being a programme of up to 6 interviews to give advice, support and encouragement and to identify matters that are preventing a return to work;
cc
Workwise (in Scotland, Worklink), being a programme of up to 4 weeks of guidance and practical assistance in job search;
dd
Jobfinder, being a programme of up to 7 interviews to give advice, support and guidance in job search and with emphasis on obtaining employment as soon as possible; and
ee
Restart course, being a programme of up to 2 weeks with emphasis on job search; and
ii
any one of the following programmes, provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973 and for which only persons who are aged 18 years or over and less than 26 years immediately prior to entry may be eligible, known as —
aa
the Employment Option of the New Deal, being a programme which lasts for any individual for up to 26 weeks and which includes for that individual employed earner’s employment, training and support;
bb
the Voluntary Sector Option of the New Deal, being a programme which lasts for any individual for up to six months and which includes for that individual employed earner’s employment or a work placement combined in either case with training, support and job search;
cc
the Environment Task Force Option of the New Deal, being a programme which lasts for any individual for up to six months and which includes for that individual employed earner’s employment or a work placement combined in either case with training, support and job search.
b
“a training scheme” means —
i
a scheme for training for which persons aged less than 18 years are eligible and for which persons aged 18 years or over and less than 25 years may be eligible, provided in England and Wales directly or indirectly by a Training and Enterprise Council pursuant to its arrangement with the Secretary of State (whether that arrangement is known as an Operating Agreement or by any other name) and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name); and
ii
the scheme, provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973 and for which only persons who are aged 18 years or over and less than 26 years immediately prior to entry may be eligible, known as the Full-Time Education and Training Option of the New Deal, being a scheme which lasts for any individual for up to one year and which includes for that individual some or all of the following, namely education, training, work experience and support in job search skills.
2
In section 19, except subsection (2), and in this Part, except regulation 69 and the first occasion on which the word occurs in regulation 72(5A)(a), “week” means any period of 7 consecutive days.
3
In section 19(2), regulation 69 and the first occasion on which the word occurs in regulation 72(5A)(a), “week” means benefit week.
4
In section 19, except subsection (9), and in this Part, “employment” means employed earner’s employment other than such employment in which a person is employed whilst participating in an employment programme falling within paragraph (1)(a)(ii); and “employed earner” shall be construed accordingly.
5
In section 19(9), “employment” means employed earner’s employment.
.
Notional income
9
In regulation 105 of the Jobseeker’s Allowance Regulations —
a
in paragraph (10) , after the words “(concessionary coal)” there shall be inserted the words “or to section 2 of the Employment and Training Act 1973 in respect of a person’s participation in an employment programme specified in regulation 75(1)(a)(ii) or in a training scheme specified in regulation 75(1)(b)(ii)”;
b
in paragraph (13), after the words “free of charge” there shall be added the words “or in a case where the service is performed in connection with the claimant’s participation in an employment or training programme in accordance with regulation 19(1)(q)”.
Notional capital
10
In regulation 113 of the Jobseeker’s Allowance Regulations, in paragraph (3), after the words “Independent Living Funds” there shall be inserted the words “or pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation in an employment programme specified in regulation 75(1)(a)(ii) or in a training scheme specified in regulation 75(1)(b)(ii)”.
Meaning of “person in hardship”
11
In regulation 140 of the Jobseeker’s Allowance Regulations —
a
in paragraph (2) , after the words “paragraph (3)” there shall be inserted the words “or (4A)”;
b
after paragraph (4) there shall be inserted the following paragraph —
4A
In paragraph (2), a “person in hardship” does not include a claimant to whom section 19(5)(b) or (c) applies by virtue of any act or omission relating to an employment programme specified in regulation 75(1)(a)(ii) or to the training scheme specified in regulation 75(1)(b)(ii).
.
Period when a person is not a person in hardship
12
After regulation 140 of the Jobseeker’s Allowance Regulations there shall be inserted the following regulation —
Period when a person is not a person in hardship
140A
1
A claimant who is not a person in hardship by virtue of regulation 140(4A) shall not be a person in hardship throughout the period of —
a
4 weeks in a case to which regulation 69(a) applies; or
b
2 weeks in any other case,
beginning on the day from which the decision that section 19(5)(b) or (c) applies by virtue of an act or omission specified in regulation 140(4A)(“the New Deal decision”), has effect by virtue of regulation 69 or, as the case may be, by virtue of regulation 56A(6) of the Social Security (Adjudication) Regulations 1995 .
2
Where a claimant who is not a person in hardship by virtue of regulation 140(4A) was a person in hardship for the purposes of regulation 142 immediately before the commencement of the period referred to in paragraph (1), that claimant shall, subject to paragraph (3), again become a person in hardship for the purposes of regulation 142 on the day following the expiration of that period.
3
A claimant to whom paragraph (2) applies shall not again become a person in hardship for the purposes of regulation 142 if —
a
the day following the day the period referred to in paragraph (1) expires is a day within a period in respect of which a subsequent New Deal decision applies by virtue of paragraph (1); or
b
on the day following the expiry of the period referred to in paragraph (1), he is not a person in hardship for the purposes of regulation 142.
.
Housing costs
13
1
Schedule 2 to the Jobseeker’s Allowance Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph 4 , after sub-paragraph (4) there shall be inserted the following sub-paragraph —
4A
For the purposes of sub-paragraph (4), a person shall be treated as entitled to a jobseeker’s allowance during any period when he or his partner was not so entitled because —
a
that person or his partner was participating in an employment programme specified in regulation 75(1)(a)(ii); and
b
in consequence of such participation that person, or his partner, was engaged in remunerative work or failed to satisfy the condition specified either in section 2(1)(c) or in section 3(1)(a).
.
3
In paragraph 13 —
a
in sub-paragraph (1), after head (e) there shall be inserted the following head —
ee
where the claimant —
i
is a member of a couple or a polygamous marriage and the claimant’s partner was, immediately before the participation by any member of that couple or polygamous marriage in an employment programme specified in regulation 75(1)(a)(ii), in receipt of income-based jobseeker’s allowance and his applicable amount included an amount for the couple or for the partners of the polygamous marriage; and
ii
has, immediately after that participation in that programme, begun to receive income-based jobseeker’s allowance as a result of an election under regulation 4(3B) of the Claims and Payments Regulations by the members of the couple or polygamous marriage,
the claimant shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;
;
b
after sub-paragraph (3) there shall be inserted the following sub-paragraph —
3A
For the purposes of this Schedule, a claimant who has ceased to be entitled to a jobseeker’s allowance because —
a
that claimant or his partner was participating in an employment programme specified in regulation 75(1)(a)(ii), and
b
in consequence of such participation the claimant or his partner was engaged in renumerative work or failed to satisfy the condition specified either in section 2(1)(c) or in section 3(1)(a),
shall be treated as if he had been in receipt of a jobseeker’s allowance for the period during which he or his partner was participating in that programme.
;
c
in sub-paragraph (4), for the words “(1) and (3)” there shall be substituted the words “(1), (3) and (3A)”.
Income to be disregarded
14
In Schedule 7 to the Jobseeker’s Allowance Regulations —
a
in paragraph 14 —
i
after sub-paragraph (c) there shall be added the following sub-paragraph —
d
any child care expenses reimbursed to the claimant in respect of his participation in an employment programme specified in regulation 75(1)(a)(ii) or in a training scheme specified in regulation 75(1)(b)(ii),
;
ii
for “(b) or (c)” there shall be substituted “(b), (c) or (d)”;
b
at the end there shall be added the following paragraphs —
60
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Voluntary Sector Option of the New Deal as specified in regulation 75(1)(a)(ii)(bb) or in the Environment Task Force Option of the New Deal as specified in regulation 75(1)(a)(ii)(cc).
61
Any discretionary payment to meet, or to help to meet, special needs, made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii).
.
Capital to be disregarded
15
At the end of Schedule 8 to the Jobseeker’s Allowance Regulations, there shall be added the following paragraphs —
45
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Voluntary Sector Option of the New Deal as specified in regulation 75(1)(a)(ii)(bb) or in the Environment Task Force Option of the New Deal as specified in regulation 75(1)(a)(ii)(cc) but only for a period of 52 weeks from the date of receipt of the payment.
46
Any discretionary payment to meet, or to help to meet, special needs made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) but only for a period of 52 weeks from the date of receipt of the payment.
.
Amendment of Schedule 3 to the Income Support Regulations
16
1
Schedule 3 to the Income Support Regulations (housing costs) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph 4 , after sub-paragraph (4) there shall be inserted the following sub-paragraph —
4A
For the purposes of sub-paragraph (4), a person shall be treated as entitled to income support during any period when he or his partner was not so entitled because —
a
that person or his partner was participating in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996; and
b
in consequence of such participation that person or his partner was engaged in remunerative work or had an income in excess of the claimant’s applicable amount as prescribed in Part IV.
.
3
In paragraph 14 —
a
in sub-paragraph (1), after head (e) there shall be inserted the following head —
ee
where the claimant —
i
is a member of a couple or a polygamous marriage and the claimant’s partner was, immediately before the participation by any member of that couple or polygamous marriage in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996, in receipt of income support and his applicable amount included an amount for the couple or for the partners of the polygamous marriage; and
ii
has, immediately after that participation in that programme, begun to receive income support as a result of an election under regulation 4(3) of the Social Security (Claims and Payments) Regulations 1987 by the members of the couple or polygamous marriage,
the claimant shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;
;
b
after sub-paragraph (3) there shall be inserted the following sub-paragraph —
3ZA
For the purposes of this Schedule, a claimant who has ceased to be entitled to income support because —
a
that claimant or his partner was participating in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996; and
b
in consequence of such participation the claimant or his partner was engaged in remunerative work or had an income in excess of the claimant’s applicable amount as prescribed in Part IV,
shall be treated as if he had been in receipt of income support for the period during which he or his partner was participating in that programme.
;
c
in sub-paragraph (3A), for the words “(1) and (3)” there shall be substituted the words “(1), (3) and (3ZA)”;
d
after sub-paragraph (3A) there shall be inserted the following sub-paragraph —
3B
For the purposes of this Schedule, in determining whether a person is entitled to or to be treated as entitled to income support, entitlement to a contribution-based jobseeker’s allowance immediately before a period during which that person or his partner is participating in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 shall be treated as entitlement to income support for the purposes of any requirement that a person is, or has been, entitled to income support for any period of time.
.
Common amendments
17
1
In each of the regulations specified in paragraph (2) of this regulation, after the words “(concessionary coal)” there shall be inserted the words “or to section 2 of the Employment and Training Act 1973 in respect of a person’s participation in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 or in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations”.
2
The regulations to which paragraph (1) of this regulation refers (which relate to notional income) are —
a
regulation 26(3) of the Council Tax Benefit Regulations;
b
regulation 29(3) of the Disability Working Allowance Regulations;
c
regulation 26(3) of the Family Credit Regulations;
d
regulation 35(3) of the Housing Benefit Regulations;
e
regulation 42(4) of the Income Support Regulations.
3
In each of the regulations specified in paragraph (4) of this regulation, after the words “free of charge” there shall be added the words “or in a case where the service is performed in connection with the claimant’s participation in an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996” .
4
The regulations to which paragraph (3) of this regulation refers (which relate to notional earnings) are —
a
regulation 26(5) of the Council Tax Benefit Regulations ;
b
regulation 29(4) of the Disability Working Allowance Regulations ;
c
regulation 26(4) of the Family Credit Regulations ;
d
regulation 35(5) of the Housing Benefit Regulations ;
e
regulation 42(6) of the Income Support Regulations .
5
In each of the regulations specified in paragraph (6) of this regulation, after the words “Independent Living Funds” there shall be inserted the words “or pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 or in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations”.
6
The regulations to which paragraph (5) of this regulation refers (which relate to notional capital) are —
a
regulation 34(3) of the Council Tax Benefit Regulations;
b
regulation 37(3) of the Disability Working Allowance Regulations;
c
regulation 34(3) of the Family Credit Regulations;
d
regulation 43(3) of the Housing Benefit Regulations;
e
regulation 51(3) of the Income Support Regulations.
7
In each specified paragraph of the Schedules specified in paragraph (8) of this regulation (which relate to sums to be disregarded in the calculation of income other than earnings) —
a
after sub-paragraph (c) there shall be added the following sub-paragraph —
d
any child care expenses reimbursed to the claimant in respect of his participation in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 or in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations,
;
b
for “(b) or (c)” there shall be substituted “(b), (c) or (d)”.
8
The respective paragraph number and Schedules for the purposes of paragraph (7) of this regulation are–
a
paragraph 11 of Schedule 4 to the Council Tax Benefit Regulations;
b
paragraph 11 of Schedule 3 to the Disability Working Allowance Regulations;
c
paragraph 11 of Schedule 2 to the Family Credit Regulations .
d
paragraph 11 of Schedule 4 to the Housing Benefit Regulations .
e
paragraph 13 of Schedule 9 to the Income Support Regulations .
9
At the end of the Schedules specified in paragraph (10) of this regulation (which relate to sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraphs bearing the specified respective paragraph numbers —
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Voluntary Sector Option of the New Deal as specified in regulation 75(1)(a)(ii)(bb) of the Jobseeker’s Allowance Regulations 1996 or in the Environment Task Force Option of the New Deal as specified in regulation 75(1)(a)(ii)(cc) of those Regulations.
Any discretionary payment to meet, or to help meet, special needs made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations 1996.
.
10
The respective paragraph numbers and Schedules for the purposes of paragraph (9) of this regulation are —
a
paragraphs 64 and 65 of Schedule 4 to the Council Tax Benefit Regulations;
b
paragraphs 57 and 58 of Schedule 3 to the Disability Working Allowance Regulations;
c
paragraphs 59 and 60 of Schedule 2 to the Family Credit Regulations;
d
paragraphs 64 and 65 of Schedule 4 to the Housing Benefit Regulations;
e
paragraphs 62 and 63 of Schedule 9 to the Income Support Regulations.
11
At the end of each of the Schedules specified in paragraph (12) of this regulation (which relate to capital to be disregarded) there shall be added the following paragraphs bearing the specified respective paragraph numbers —
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Voluntary Sector Option of the New Deal as specified in regulation 75(1)(a)(ii)(bb) of the Jobseeker’s Allowance Regulations 1996 or in the Environment Task Force Option of the New Deal as specified in regulation 75(1)(a)(ii)(cc) of those Regulations but only for a period of 52 weeks from the date of receipt of the payment.
Any discretionary payment to meet, or to help meet, special needs made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations 1996 but only for a period of 52 weeks from the date of receipt of the payment.
.
12
The respective paragraph numbers and Schedules for the purposes of paragraph (11) of this regulation are —
a
paragraphs 53 and 54 of Schedule 5 to the Council Tax Benefit Regulations ;
b
paragraphs 51 and 52 of Schedule 4 to the Disability Working Allowance Regulations ;
c
paragraphs 52 and 53 of Schedule 3 to the Family Credit Regulations ;
d
paragraphs 53 and 54 of Schedule 5 to the Housing Benefit Regulations ;
e
paragraphs 50 and 51 of Schedule 10 to the Income Support Regulations .
Consequential amendments
18
In Schedule 4 to the Housing Benefit Regulations —
a
the second paragraph designated “62” shall be omitted;
b
after paragraph 65 there shall be inserted the following paragraph —
66
Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968 .
.
Signed by authority of the Secretary of State for Education and Employment
Andrew Smith
Minister of State,
Department for Education and Employment
9th December 1997
Signed by authority of the Secretary of State for Social Security
Keith Bradley
Parliamentary Under Secretary of State,
Department of Social Security
11th December 1997


text:
Citation and commencement
1
This Order may be cited as the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the North 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) of the Leasehold Reform Act 1967 (additional right to enfranchise) —
a
the parishes in the districts of the East Riding of Yorkshire, Hartlepool, Middlesborough, North East Lincolnshire, North Lincolnshire, Redcar and Cleveland and Stockton-on-Tees specified in Parts I, II, III, IV, V, VI and VII of Schedule 1 to this Order and in the counties of Durham, Northumberland, North Yorkshire, South Yorkshire, Tyne and Wear and West Yorkshire specified in Parts VIII, IX, X, XI, XII and XIII of Schedule 1 to this Order;
b
those areas in the parishes and the unparished areas in the districts of the East Riding of Yorkshire, Hartlepool, North Lincolnshire and Redcar and Cleveland specified in Parts I, II, III and IV of Schedule 2 to this Order and in the counties of Durham, Northumberland, North Yorkshire, South Yorkshire, Tyne and Wear and West Yorkshire specified in Parts V, VI, VII, VIII, IX and X of Schedule 2 to this Order each shown bounded with a black line and cross hatched on one of the one hundred and thirty one maps entitled “Maps referred to in the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the North 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; and
c
the parish of Bradfield in the county of South Yorkshire with the exception of the non-cross hatched area shown bounded with a black line on one of the one hundred and thirty one maps entitled “Maps referred to in the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the North 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:
Citation and commencement and interpretation
1
1
These Regulations, which may be cited as the Housing Benefit (Recovery of Overpayments) (No. 2) Regulations 1997, shall come into force on 3rd November 1997, immediately following the coming into force of the Housing Benefit (Recovery of Overpayments) Regulations 1997 .
2
In these Regulations “the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of Schedule 6 to the Housing Benefit Regulations
2
In paragraph 14(2)(c)(ii) of Part VII of Schedule 6 to the Housing Benefit Regulations (Matters in the notice of determination) for the term “the claimant” there shall be substituted “claimant A”.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
30th October 1997


text:
Citation and commencement
1
These Regulations may be cited as the Long Residential Tenancies (Principal Forms) Regulations and shall come into force on 15th January 1998.
Interpretation
2
In these Regulations, any reference to a numbered form is a reference to the form bearing that number in the Schedule, or to a form substantially to the same effect.
Forms
3
The forms prescribed for the purposes specified below shall be as follows —
a
for a notice under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989 terminating a long residential tenancy and proposing an assured monthly periodic tenancy, form 1;
b
for a notice under paragraph 4(1) of that Schedule terminating a long residential tenancy and proposing to apply to court for possession, form 2;
c
for a notice under paragraph 6(1) of that Schedule proposing an interim monthly rent, form 3;
d
for a notice under paragraph 10(1) of that Schedule proposing different rent or terms for an assured periodic tenancy, form 4;
e
for a notice under paragraph 10(2) of that Schedule referring to a rent assessment committee a notice proposing different rent or terms for an assured periodic tenancy, form 5; and
f
for a notice under section 41(2) of the Housing Act 1988, as applied by paragraph 12(1) of that Schedule, requiring a landlord or tenant to give information to a rent assessment committee, form 6.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment Transport and the Regions
12th December 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
16th December 1997


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Corn Returns Regulations 1997 and shall come into force on 1st August 1997.
2
These Regulations shall apply to Great Britain.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Corn Returns Act 1882;
“ the Authority ” means the Home-Grown Cereals Authority, established by the Cereals Marketing Act 1965 ;
“return” means a return made in pursuance of section 5 of the Act of purchases of British corn.
Prescribed areas for making returns
3
The areas prescribed in accordance with section 4 of the Act (from which areas weekly returns are to be made) shall be those areas listed in Schedule 1 to these Regulations.
Making of returns
4
1
Any person required by section 5 of the Act (weekly returns of purchases of British corn) to make a return shall, save where he and the Authority have agreed that he shall do so in some other manner, either —
a
do so in writing, and sign it, and then post it by first class post, or
b
complete it in such a way that it is capable of being easily read after transmission by facsimile machine, and then send it by means of such a machine,
to the Authority on each Friday (or, if that Friday is a public holiday, the next working day) occurring next after a period for which he is required to make a return.
2
A return shall contain the information specified in Schedule 2 to these Regulations, and shall relate to the period of seven days (starting on a Friday) most recently preceding the day on which it is required to be posted or sent to the Authority.
3
A separate return shall be made for each of the prescribed areas from which the person required to make the return purchased British corn by wholesale from the grower, or if no such purchase was made during the seven-day period in question a return shall be made stating that fact.
Revocations
5
The Corn Returns Regulations 1976 , the Corn Returns (Scotland) Regulations 1976 , the Corn Returns (Scotland) (Variation) Regulations 1990 , and the Corn Returns (Variation) Regulations 1990 are hereby revoked.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
28th July 1997
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
30th July 1997
Sewel
Parliamentary Under-Secretary of State, Scottish Office
28th July 1997


text:
1
This Instrument may be cited as “The City of Manchester (Egerton Street Service Bridge Scheme) 1994 Confirmation Instrument 1997” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The City of Manchester (Egerton Street Service Bridge Scheme) 1994 (“the Scheme”) is hereby confirmed with modifications.
3
The scheme as confirmed is set out in the Schedule hereto and copies of the Scheme with its accompanying plans as modified are deposited at the offices of the Department of Transport and at the offices of the Council of the City of Manchester at the Town Hall, Albert Square, Manchester, M60 2LA.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director, Government Office for the North East
6th March 1996


text:
Preliminary
Citation, commencement and effect
1
These Regulations may be cited as the Lloyd’s Underwriters (Scottish Limited Partnerships) (Tax) Regulations 1997, shall come into force on 1st December 1997 and shall have effect with respect to accounting periods of Lloyd’s Scottish limited partnerships ending on or after that date.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“accounting period” in relation to a Lloyd’s Scottish limited partnership has the meaning given by regulation 6(2);
“corporate member” has the meaning given by section 230(1) of the Finance Act 1994;
“Lloyd’s Scottish limited partnership” means a limited partnership formed under the laws of Scotland which is a member of Lloyd's;
“member” means a member of Lloyd’s who is or has been an underwriting member;
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 .
2
For the purposes of these Regulations an underwriting year and a year of assessment shall be deemed to correspond to each other if the underwriting year ends in the year of assessment.
Provisions relating to both individual and corporate partners in aLloyd’s Scottish limited partnership
Operation of partnership assessment rules
3
1
Where section 111(2) of the Taxes Act applies in relation to a Lloyd’s Scottish limited partnership —
a
the provisions of Chapter III of Part II of the Finance Act 1993 shall apply, subject to the amendments made by these Regulations, as if the partnership were a member who is an individual;
b
the Lloyd’s Underwriters (Tax) Regulations 1995 shall have effect in relation to that partnership —
i
as if it were a member who is an individual, and
ii
with the omission of regulations 9 to 17;
c
the Lloyd’s Underwriters (Double Taxation Relief) Regulations 1997 shall have effect in relation to that partnership as if it were a member who is an individual.
2
Where section 114(1) of the Taxes Act applies in relation to a Lloyd’s Scottish limited partnership —
a
the provisions of Chapter V of Part IV of the Finance Act 1994 shall apply, subject to the amendments made by these Regulations, as if the partnership were a member which is a corporate member;
b
the Lloyd’s Underwriters (Tax) Regulations 1995 shall have effect in relation to that partnership —
i
as if it were a member which is a corporate member, and
ii
with the omission of regulations 9 to 17.
Disapplication of cessation provisions
4
1
Sections 179 and 179A of the Finance Act 1993 shall not apply in relation to a Lloyd’s Scottish limited partnership which, by virtue of regulation 3(1), is treated as a member who is an individual.
2
Section 227 of the Finance Act 1994 shall not apply in relation to a Lloyd’s Scottish limited partnership which, by virtue of regulation 3(2), is treated as a member which is a corporate member.
Ancillary trust funds relating to a Lloyd’s Scottish limited partnership
5
1
An ancillary trust fund set up in relation to a Lloyd’s Scottish limited partnership shall be regarded as an ancillary trust fund of that partnership, irrespective of whether the fund is established by the partnership itself or by one or more of the partners in the partnership; and, subject to the modification specified in paragraph (2), section 176 of the Finance Act 1993 and section 223 of the Finance Act 1994 shall apply accordingly.
2
Subsections (3) and (4) of section 176 of the Finance Act 1993 shall be omitted.
3
In paragraph (1) “ancillary trust fund” —
a
where regulation 3(1) applies, has the meaning given by section 184(1) of the Finance Act 1993 ;
b
where regulation 3(2) applies, has the meaning given by section 230(1) of the Finance Act 1994.
Provisions relating to individual partners in a Lloyd’s Scottish limited partnership
Basis of assessment
6
1
Where regulation 3(1) applies in relation to a Lloyd’s Scottish limited partnership —
a
section 60(2) to (5), and sections 61 to 63A, of the Taxes Act shall not apply in relation to that partnership;
b
section 172 of the Finance Act 1993 shall apply in relation to that partnership as if —
i
in each of paragraphs (a) and (b) of subsection (1) of that section for the reference to the corresponding underwriting year there were substituted a reference to the accounting period ending in the corresponding underwriting year;
ii
in paragraph (c) of that subsection for the reference to profits or losses derived from payments made or received in the corresponding underwriting year there were substituted a reference to profits or losses attributable to the accounting period ending in the corresponding underwriting year.
2
In paragraph (1)(b)(i) and (ii) “accounting period” in relation to a Lloyd’s Scottish limited partnership means the period —
a
beginning on the 1st January in each year, or the date on which the partnership was formed (if later in that year), and
b
ending on —
i
the 31st December in that year, or the date when the partnership is terminated (if earlier), or
ii
where the partnership was formed later than 1st January in that year, the 31st December in the following year, or the date when the partnership is terminated (if earlier).
Disapplication of section 175 of the Finance Act 1993 (special reserve funds)
7
1
Section 175 of, and Schedule 20 to, the Finance Act 1993 shall not apply in relation to a Lloyd’s Scottish limited partnership which, by virtue of regulation 3(1), is treated as a member who is an individual.
2
Paragraph (1) shall not prevent the setting up of a special reserve fund in relation to an individual who is both a member of Lloyd’s and a partner in a Lloyd’s Scottish limited partnership, but in such a case the special reserve fund shall take account only of the underwriting business carried on by that person as a member.
Disapplication of section 180 of the Finance Act 1993 (underwriting profits to be earned income)
8
Section 180 of the Finance Act 1993 shall not apply in relation to the profits arising to an individual as a partner in a Lloyd’s Scottish limited partnership.
Death of partner
9
1
This regulation applies where —
a
regulation 3(1) applies in relation to a Lloyd’s Scottish limited partnership, and
b
an individual who is a partner in the partnership dies.
2
The carrying on of the deceased partner’s partnership business by his personal representatives shall not be treated for the purposes of the Income Tax Acts as a change in the persons engaged in the carrying on of that business.
3
The deceased partner’s partnership business shall be treated for the purposes of the Income Tax Acts as continuing until either —
a
any security provided by him in relation to that business is released or repaid by Lloyd’s to his personal representatives, or
b
his interest in the partnership is assigned by his personal representatives.
Terminal loss relief
10
1
This regulation applies where —
a
regulation 3(1) applies in relation to a Lloyd’s Scottish limited partnership, and
b
an individual who is a partner in the partnership ceases to carry on his partnership business, whether by reason of death or otherwise.
2
The date on which the individual’s partnership business is permanently discontinued for the purposes of section 388 of the Taxes Act (carry-back of terminal losses) (“section 388”) shall be deemed to be the 5th April in the last year of assessment in which his share of the profits or losses of that business arising from the partnership’s membership of one or more syndicates, or from assets forming part of a premiums trust fund, fall to be included in a computation under section 111 of the Taxes Act.
3
A partner may not make more than one claim under section 388 in respect of the same partnership business.
Nick Montagu
C W Corlett
Two of the Commissioners of Inland Revenue
7th November 1997


text:
Citation and commencement
1
These Regulations may be cited as the Energy Efficiency (Refrigerators and Freezers) Regulations 1997 and shall come into force on 3rd September 1999.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, expressions used have the same meaning as in the Directive and —
“appliance” means an appliance to which these Regulations apply by virtue of regulation 3 (application);
“the Directive” means European Parliament and Council Directive 96/57/ EC ;
“EC mark”, except in relation to regulation 4(4), means a mark consisting of the symbol “CE” as described and shown in Schedule 2, and in that regulation means a mark consisting of the symbol “CE”;
“enforcement authority” means —
in England and Wales and Scotland, a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985 (local weights and measures authorities) ; and
in Northern Ireland, the Department of Economic Development;
“enforcement action” means the instituting of proceedings (whether criminal or otherwise) for failing to observe or comply with these Regulations;
“records” includes any books, documents, marks or symbols and any records in non-documentary form;
“supplier” means the manufacturer of an appliance or his authorized representative in the Community or the person who places an appliance on the Community market;
“third person” means any person other than the one against whom enforcement action may be or has been taken under these Regulations.
2
References in these Regulations to complying with or conforming to the requirements of these Regulations or any part thereof, in relation to acts done within the territory of a Member State other than the United Kingdom, are references to complying with or conforming to the equivalent requirements of the legislation of that State implementing the Directive, or, if there is no such legislation, of the Directive.
Application
3
1
Subject to paragraphs (2) and (3), these Regulations shall apply to household —
a
refrigerators,
b
frozen food storage cabinets,
c
food freezers
and their combinations as defined in Schedule 1.
2
These Regulations shall apply only to appliances which are —
a
electric mains operated, and
b
unable to use other energy sources, such as accumulators.
3
These Regulations shall not apply to —
a
second-hand appliances,
b
appliances working on the absorption principle, or
c
appliances manufactured on a one-off basis.
Suppliers' duties in respect of appliances
4
1
A supplier shall not place an appliance on the Community market unless —
a
the electricity consumption of the appliance is less than or equal to the maximum allowable electricity consumption value for its category as calculated according to the procedures set out in Schedule 1; and
b
the appliance and, where appropriate, its packaging, bears the EC mark affixed in a visible, legible and indelible manner.
2
The manufacturer of an appliance, or his authorised representative established within the Community, shall be responsible for establishing the appliance’s conformity with the requirements of paragraph (1)(a).
3
Unless there is evidence to the contrary, an appliance bearing the EC mark required under paragraph (1)(b) shall be deemed to comply with these Regulations.
4
Where an appliance is subject to other Community Directives covering other aspects and which provide for affixing of the EC mark, the EC mark shall indicate that the appliance is presumed, in the absence of evidence to the contrary, to comply with the requirements of those other Directives.
5
Where one or more of the other Directives referred to in paragraph (4) allows the manufacturer to choose which rules to apply during a transitional period, —
a
the EC mark shall indicate conformity only with the Directives applied by the manufacturer; and
b
the supplier shall give, in any document, notice or instructions accompanying the appliance, the reference numbers (as published in the Official Journal of the European Communities) of the Directives applied.
The EC declaration of conformity
5
1
The manufacturer of an appliance, or his authorised representative established within the Community, shall draw up a written declaration of conformity relating to the appliance, which attests that the appliance has been assessed in accordance with the procedure set out in Schedule 1 and conforms with the requirements of regulation 4(1)(a) and that Schedule.
2
No person shall issue a declaration of conformity in respect of an appliance unless the appliance complies with the requirements of these Regulations.
3
The supplier of an appliance shall keep a copy of the declaration of conformity with the technical documentation required by regulation 6 (duties in respect of technical documentation etc. ).
Duties in respect of technical documentation etc.
6
1
The manufacturer of an appliance shall establish technical documentation sufficient to allow an assessment of whether the appliance conforms with the requirements of these Regulations.
2
So far as relevant to the assessment, the technical documentation shall cover the design, manufacture and operation of the appliance and shall comprise:
a
the name and address of the manufacturer;
b
a general description of the appliance, sufficient for it to be identified unambiguously;
c
information (including drawings as relevant) on the main design features of the appliance and, in particular, items which appreciably affect its energy consumption, such as dimensions, volume(s), compressor characteristics, special features, etc.;
d
the operating instructions, if any;
e
the results of electricity consumption measurements carried out according to the procedures specified in European Standard EN 153 ; and
f
details of the conformity of these measurements as compared to the energy consumption requirements set out in Schedule 1.
3
Technical documentation established for other Community legislation may be used in so far as it meets the requirements of this regulation.
4
The supplier shall keep the technical documentation, together with a copy of the declaration of conformity, relating to the appliance, available for inspection by enforcement authorities for a period of not less than three years from the date on which the last such appliance has been manufactured.
5
The supplier shall as soon as practicable furnish to an enforcement authority such of the technical documentation and the copy declaration of conformity as the authority requires pursuant to paragraph 9 of Schedule 3 (power of enforcement authority to require technical documentation etc.).
Misleading markings
7
No person shall affix, or cause to be affixed, to an appliance —
a
an EC mark, where the appliance does not comply with regulation 4(1)(a) (electricity consumption of appliance to be less than or equal to maximum allowable),
b
a marking which would be likely to mislead another as to the meaning and form of the EC mark, or
c
any marking, object or substance which reduces the visibility or legibility of the EC mark.
Suppliers' duties in respect of non-conforming appliances
8
1
Where an appliance carrying the EC mark fails to conform to the requirements of these Regulations and its failure so to conform has been established in accordance with Part II of Schedule 1, the supplier of the appliance shall take all necessary steps to bring the appliance into conformity with these Regulations and to end the infringement as soon as practicable.
2
Where the appliance continues not to conform with these Regulations, the supplier shall take all necessary steps to ensure withdrawal of the appliance from the market as soon as practicable.
Manufacturers' duties in respect of the manufacturing process
9
The manufacturer of an appliance shall take all measures necessary in order that the manufacturing process ensures that the appliance complies with the technical documentation referred to in regulation 6 (duties in respect of technical documentation etc.) and with the requirements of these Regulations.
Enforcement and offences
10
1
Subject to paragraph (3), it shall be the duty of every enforcement authority to enforce these Regulations within its area.
2
Schedule 3 shall have effect with regard to offences, enforcement of these Regulations, and other matters.
3
Nothing in these Regulations shall authorise a local weights and measures authority in Scotland to bring proceedings in Scotland for an offence.
4
Where an enforcement authority takes a decision pursuant to these Regulations which amounts to or includes a restriction on the placing on the market of an appliance, the authority shall without delay inform —
a
the party affected and the Secretary of State of the decision and the precise grounds on which it is based, and
b
the party affected of the possibilities and time limits regarding legal remedies available to it in respect of the decision.
John Prescott
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
2nd August 1997


text:
1
These Regulations may be cited as the Insurance (Fees) Regulations 1997 and shall come into force on 1st April 1997.
2
The Insurance (Fees) Regulations 1996 are hereby revoked.
3
In these Regulations —
“ the Act ” means the Insurance Companies Act 1982;
“Community deposit company” means an insurance company (other than a pure reinsurer) whose head office is not in a member State and which has made a deposit in a member State other than the United Kingdom in accordance with section 9(1)(c) as it has effect in pursuance of section 9(2)(b) of the Act;
“gross premium receivable” means the gross amount of premiums receivable required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate (or, where by reason of an order made under section 68 of the Act such amounts are not required to be included, the amount which would otherwise have been required to be so included) being —
in the case of a company (other than a Community deposit company or a Swiss general insurance company) which carries on either long term business or general business but not both, premiums receivable in respect of its global business;
in the case of a company (other than a Community deposit company) which carries on both long term business and general business, the sum of premiums receivable in respect of its global long term business and its global general business;
in the case of a Community deposit company which carries on either long term business or general business but not both through a branch in the United Kingdom, premiums receivable in respect of its United Kingdom branch business;
in the case of a Community deposit company which carries on both long term business and general business through a branch in the United Kingdom, the sum of premiums receivable in respect of its United Kingdom branch long term business and United Kingdom branch general business;
in the case of a Swiss general insurance company which carries on general business through a branch in the United Kingdom, premiums receivable in respect of its United Kingdom branch business;
“group” means a body corporate together with: —
all of its wholly-owned subsidiaries;
any body corporate of which it is a wholly-owned subsidiary;
all bodies corporate which are wholly-owned subsidiaries of any such body corporate as is first mentioned in (b) above;
“pure reinsurer” means an insurance company whose authorisation to carry on business in the United Kingdom is restricted to reinsurance;
“wholly-owned subsidiary” has the meaning given to it by section 736(2) of the Companies Act 1985 ;
“winding up” includes an analogous procedure under any jurisdiction other than that of any part of the United Kingdom;
and words and expressions which are also used in the Act shall have the same construction as in the Act (but nothing in regulation 71 of the Insurance Companies (Third Insurance Directives) Regulations 1994 shall have effect for the purposes of these Regulations).
4
Subject to regulations 5 to 8 below, when documents are deposited under section 22(1) of the Act the insurance company concerned shall pay to the Secretary of State the fee as set out in the table below, according to the amount of its gross premiums receivable for the financial year to which the documents deposited relate:
Gross premiums receivable Fee
Over £2,000,000 up to and including £5,000,000 £5,000 Over £5,000,000 up to and including £20,000,000 £12,000 Over £20,000,000 up to and including £75,000,000 £19,000 Over £75,000,000 £25,000
5
These Regulations do not apply in the case of —
a
an EC company; or
b
any other insurance company where its gross premiums receivable in respect of the financial year to which documents deposited by it under section 22(1) of the Act relate do not exceed £2,000,000.
6
1
Subject to paragraph (2) below, where the sum of the fees payable under regulations 4 and 5 above by all the insurance companies within a group exceeds £175,000 the fee in respect of each of those insurance companies shall be abated proportionately so that the sum of the fees payable by those insurance companies is £175,000.
2
For the purposes of paragraph (1) above, an insurance company shall be deemed to be a member of a group at the date upon which it deposits documents in respect of a financial year in accordance with section 22(1) of the Act if it was a member of that group at the end of the financial year to which those documents relate.
7
No fee shall be payable under regulation 4 where, at the date upon which documents are deposited under section 22(1) of the Act —
a
the insurance company is subject to the process of winding up and cannot lawfully effect any contracts of insurance; or
b
the insurance company is subject to a direction by the Secretary of State given under section 11 of the Act or section 11 of the Insurance Companies Act 1981 , or given under section 12A of the Act and confirmed by the Secretary of State pursuant to section 12A(6) of the Act , that it shall cease to be authorised to effect contracts of insurance (including reinsurance) of all classes for which it had been authorised under section 3 or 4 of the Act or under section 3 or 4 of the said Act of 1981; or
c
the insurance company is subject to a restriction imposed under section 68 of the Companies Act 1967 or section 13 of the Insurance Companies Amendment Act 1973 , or imposed or deemed to have been imposed under section 29 of the Insurance Companies Act 1974 which, in any of those cases and taking into account the authorisation of the company, has the result that the company is prohibited from effecting any contract of insurance (including reinsurance) in the United Kingdom.
8
These Regulations do not apply when copies of an abstract of an actuary’s report of an investigation made under section 18(1) of the Act are deposited with the Secretary of State unless the abstract is of a report of an investigation which is required to be made by paragraph (a) of that subsection.
9
Where a statement is deposited under section 86(1) of the Act by the Council of Lloyd’s it shall pay to the Secretary of State a fee of £125,000.
10
For the purposes of section 94A(6) of the Act, the relevant functions of the Secretary of State in relation to insurance companies and the members of Lloyd’s are anything done for the purpose of or in connection with —
a
sections 11 to 13, Part II, sections 75 and 78, Part IIIA, Part IV and section 94A of the Act including prosecution of offences alleged to have been committed under any of those provisions or under provisions in earlier legislation which are analogous to those provisions;
b
section 98 of the Act in respect of the functions set out in sub-paragraph (a) above;
c
proposals for United Kingdom and European Communities legislation.
Anthony Nelson
Minister for Trade,
Department of Trade and Industry
6th March 1997