text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sole, Plaice, etc. (Specified Sea Areas) (Prohibition of Fishing) (No. 2) Order 1997 and shall come into force on 10th December 1997.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels as amended ;
“sea area” means a statistical division or sub-area of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and Exception
2
1
Subject to paragraph (2) below, fishing —
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits —
for —
i
sole (Solea solea) in sea areas ICES Statistical Sub-Areas VI , XII and XIV and ICES Statistical Divisions Vb and VIIf, g, h, j and k;
ii
plaice (Pleuronectes platessa) in sea areas ICES Statistical Divisions VIId, e, f, g, h, j and k;
iii
herring (Clupea harengus) in sea areas ICES Statistical Divisions IVa and b; or
iv
other species in that part of sea area ICES Statistical Sub-Area IV which lies within Norwegian fishery limits;
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1998.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat when used for the purpose of conveying persons wishing to fish for pleasure.
3
For the purpose of paragraph (1) above “other species” are all species of fish except:
cod (Gadus morhua) ,
haddock (Melanogrammus aeglefinus),
whiting (Merlangius merlangus),
saithe (Pollachius virens),
plaice (Pleuronectes platessa),
Norway pout (Trisopterus esmarkii),
sandeels (Ammodytes tobianus),
blue whiting (Micromesistius poutassou),
herring (Clupea harengus),
mackerel (Scomber scombrus) and
shrimps (Crangon vulgaris) .
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom; and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within the British fishery limits he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
4
The Sole, Plaice, etc. (Specified Sea Areas) (Prohibition of Fishing) Order 1997 is hereby revoked.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
8th December 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
5th December 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
8th December 1997
Dubs
Parliamentary Under Secretary of State for Northern Ireland
6th December 1997


type: legislation

jurisdiction: UK

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


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) ( No. 3) Regulations 1997 and shall come into force on 3rd July 1997.
2
The Value Added Tax Regulations 1995 shall be amended as follows.
3
For regulation 58 there shall be substituted —
58
1
Without prejudice to paragraph (4) below, a taxable person shall be eligible to begin to operate the scheme from the beginning of any prescribed accounting period if —
a
he has reasonable grounds for believing that the value of taxable supplies to be made by him in the period of one year then beginning will not exceed £350,000,
b
he has made all returns which he is required to make, and has —
i
paid to the Commissioners all such sums shown as due on those returns and on any assessments made either under section 76 of, or Schedule 11 to, the Act, or
ii
agreed an arrangement with the Commissioners for any outstanding amount of such sums as are referred to in sub-paragraph (i) above to be paid in instalments over a specific period, and
c
he has not in the period of one year preceding that time —
i
been convicted of any offence in connection with VAT ,
ii
made any payment to compound proceedings in respect of VAT under section 152 of the Customs and Excise Management Act 1979 ,
iii
been assessed to a penalty under section 60 of the Act, or
iv
by virtue of regulation 64(1), ceased to be entitled to continue to operate the scheme.
2
The scheme shall not apply to —
a
lease purchase agreements;
b
hire purchase agreements;
c
conditional sale agreements;
d
credit sale agreements;
e
supplies where a VAT invoice is issued and full payment of the amount shown on the invoice is not due for a period in excess of 6 months from the date of the issue of the invoice; or
f
supplies of goods or services in respect of which a VAT invoice is issued in advance of the delivery or making available of the goods or the performance of the services as the case may be.
3
Sub-paragraph (2) (f) above shall not apply where goods have been delivered or made available in part or where services have been performed in part and the VAT invoice in question relates solely to that part of the goods which have been delivered or made available or that part of the services which have been performed.
4
A person shall not be entitled to begin to operate the scheme if the Commissioners consider it is necessary for the protection of the revenue that he shall not be so entitled.
.
4
In regulation 59 after the words “by publishing a fresh notice” there shall be inserted “or publishing a notice which amends an existing notice”.
5
For regulation 60 there shall be substituted —
60
1
Without prejudice to regulation 64 below, a person shall withdraw from the scheme immediately at the end of a prescribed accounting period of his if the value of taxable supplies made by him in the period of one year ending at the end of the prescribed accounting period in question has exceeded £437,500.
2
Subject to regulations 61 to 63 below a person may withdraw from the scheme at the end of any prescribed accounting period.
3
The requirement in paragraph (1) above shall not apply where the Commissioners allow or direct otherwise.
.
6
For regulation 61 there shall be substituted —
61
A person who ceases to operate the scheme either of his own volition or because the value of taxable supplies made by him exceeds the level provided for in regulation 60(1), shall account for and pay on a return made for the prescribed accounting period in which he ceased to operate the scheme —
a
all VAT which he would have been required to pay to the Commissioners during the time when he operated the scheme, if he had not then been operating the scheme, less
b
all VAT accounted for and paid to the Commissioners in accordance with the scheme, subject to any adjustment for credit for input tax.
.
7
For regulation 62 there shall be substituted —
62
Where a person operating the scheme becomes insolvent he shall within 2 months of the date of insolvency account for VAT due on all supplies made and received up to the date of insolvency which has not otherwise been accounted for, subject to any credit for input tax.
.
8
In regulation 63 —
a
for paragraph (1) there shall be substituted —
1
Where a person operating the scheme ceases business or ceases to be registered he shall within 2 months or such longer period as the Commissioners may allow, make a return accounting for, and pay, VAT due on all supplies made and received up to the date of cessation which has not otherwise been accounted for, subject to any adjustment for credit for input tax.
;
b
for paragraph (2) there shall be substituted —
2
Where a business or part of a business carried on by a person operating the scheme is transferred as a going concern and regulation 6(1) does not apply, the transferor shall within 2 months or such longer period as the Commissioners may allow, make a return accounting for, and pay, VAT due on all supplies made and received which has not otherwise been accounted for, subject to credit for input tax.
; and
c
in paragraph 3 for “6(2)” there shall be substituted “6(1)”.
9
For regulation 64 there shall be substituted —
64
1
A person shall not be entitled to continue to operate the scheme where —
a
he has, while operating the scheme, been convicted of an offence in connection with VAT or has made a payment to compound such proceedings under section 152 of the Customs and Excise Management Act 1979,
b
he has while operating the scheme been assessed to a penalty under section 60 of the Act,
c
he has failed to leave the scheme as required by regulation 60(1) above, or
d
the Commissioners consider it necessary for the protection of the revenue that he shall not be so entitled.
2
A person who, by virtue of paragraph (1) above, ceases to be entitled to continue to operate the scheme shall account for and pay on a return made for the prescribed accounting period in which he ceased to be so entitled —
a
all VAT which he would have been required to pay to the Commissioners during the time when he operated the scheme, if he had not then been operating the scheme, less
b
all VAT accounted for and paid to the Commissioners in accordance with the scheme, subject to any adjustment for credit for input tax.
.
10
Regulation 113 shall be amended as follows —
a
in sub-paragraph (b) —
i
for the words “land or a building or part of a building” there shall be substituted “land, a building or part of a building or a civil engineering work or part of a civil engineering work”; and
ii
after the words “consist of rent” there shall be added “(including charges reserved as rent) which is neither payable nor paid more than 12 months in advance nor invoiced for a period in excess of 12 months”;
b
in sub-paragraph (d) (i) for the words “is treated” there shall be substituted “was, on or before 1st March 1997, treated”;
c
in sub-paragraph (d) (ii) for the word “is” there shall be substituted “was”;
d
the word “and” at the end of sub-paragraph (e) shall be omitted; and
e
after sub-paragraph (f) there shall be added —
,
g
a civil engineering work constructed by the owner and first brought into use by him on or after 3rd July 1997 where the aggregate of —
i
the value of the taxable grants relating to the land on which the civil engineering work is constructed made to the owner on or after 3rd July 1997, and
ii
the value of all the taxable supplies of goods and services, other than any that are zero-rated, made or to be made to him for or in connection with the construction of the civil engineering work on or after 3rd July 1997,
is not less than £250,000, and
h
a building which the owner refurbishes or fits out where the value of capital expenditure on the taxable supplies of services and of goods affixed to the building, other than any that are zero-rated, made or to be made to the owner for or in connection with the refurbishment or fitting out in question on or after 3rd July 1997 is not less than £250,000
.
11
Regulation 114 shall be amended as follows —
a
in paragraph (3) —
i
in sub-paragraph (b) after the words “part of the building” there shall be inserted “or civil engineering work or part of the civil engineering work”; and
ii
for the words “paragraphs (4) to (7)” there shall be substituted “paragraphs (4) to (5B) and (7)”;
b
in paragraph (4) —
i
for the words “paragraphs (6) and (7)” there shall be substituted “paragraphs (5A), (5B) and (7)”; and
ii
in sub-paragraph (e) for the words “(e) or (f)” there shall be substituted “(e), (f), (g) or (h)” and after the words “the building or the altered building or the extension or annex” there shall be inserted “or the civil engineering work or the building which has been refurbished or fitted out”;
c
in paragraph (5) for the words “paragraphs (6) and (7)” there shall be substituted “paragraphs (5A), (5B) and (7)”;
d
after paragraph (5) there shall be inserted —
5A
On the first occasion during the period of adjustment applicable to a capital item that the owner of the item —
a
being a registered person subsequently becomes a member of a group under section 43 of the Act;
b
being a member of a group under section 43 ceases to be a member of that group (whether or not he becomes a member of another such group immediately thereafter); or
c
transfers the item in the course of the transfer of his business or part of his business as a going concern (the item therefore not being treated as supplied) in circumstances where the new owner is not, under regulation 6(1) above, registered with the registration number of and in substitution for the transferor,
the interval then applying shall end on the day before he becomes a member of a group or the day that he ceases to be a member of the group or transfers the business or part of the business (as the case may require) and thereafter each subsequent interval (if any) applicable to the capital item shall end on the successive anniversaries of that day.
5B
Where the extent to which a capital item is used in making taxable supplies does not change between what would, but for this paragraph, have been the first interval and the first subsequent interval applicable to it and the length of the two intervals taken together does not exceed 12 months the first interval applicable to the capital item shall end on what would have been the day that the first subsequent interval expired.
;
e
paragraph (6) shall be omitted; and
f
for paragraph (7) there shall be substituted —
7
Where the owner of a capital item transfers it during the period of adjustment applicable to it in the course of the transfer of his business or a part of his business as a going concern (the item therefore not being treated as supplied) and the new owner is, under regulation 6(1) above, registered with the registration number of, and in substitution for the transferor, the interval applying to the capital item at the time of the transfer shall end on the last day of the longer period applying to the new owner immediately after the transfer or, if no longer period then applies to him, shall end on the last day of his tax year following the day of transfer.
.
12
Regulation 115 shall be amended as follows —
a
in paragraph (3) between the words “and the owner shall” and “calculate for each” there shall be inserted “, except where paragraph (3A) below applies,”;
b
after paragraph (3) there shall be inserted —
3A
This paragraph applies if the total amount of input tax deducted or deductible by the owner of a capital item as a result of the initial deduction, any adjustments made under paragraph (1) or (2) above and the adjustment which would apart from this paragraph fall to be made under paragraph (3) above would exceed the output tax chargeable by him on the supply of that capital item.
3B
Save as the Commissioners may otherwise allow, where paragraph (3A) above applies the owner may deduct, or as the case may require, shall pay to the Commissioners such amount as results in the total amount of input tax deducted or deductible being equal to the output tax chargeable by him on the supply of the capital item.
;
c
in pargraph (5) —
i
in sub-paragraph (a) before the words “(if any)” there shall be inserted “(including charges reserved as rent) which is neither payable nor paid more than 12 months in advance nor invoiced for a period in excess of 12 months”; and
ii
in sub-paragraph (c) for the words “(e) and (f)” in both places that they appear there shall be substituted “(e), (f), (g) or (h)”; and
d
in paragraph (6) —
i
after the words “to an end under” there shall be inserted “regulation 114(5A)”;
ii
in sub-paragraph (a) the words “regulation 114(6)(b)” shall be omitted; and
iii
in sub-paragraph (b) the words “regulation 114(7)” shall be omitted.
13
Regulation 116 shall be amended as follows —
a
in paragraph (1) —
i
after the words “regulation 115(3)” there shall be inserted “and (3B)”; and
ii
after the words “paragraphs (2)” there shall be inserted “, (A2)”; and
b
after paragraph (1) there shall be inserted —
A2
Subject to paragraph (2) below, the attribution of the total input tax on a capital item for subsequent intervals determined in accordance with regulation 114(5A) above shall be determined by such method as is agreed with the Commissioners.
.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
2nd July 1997


text:
1
This Order may be cited as the Value Added Tax (Finance) Order 1997 and shall apply in relation to any supply made on or after 24th March 1997.
2
Group 5 of Schedule 9 to the Value Added Tax Act 1994 (exempt supplies: finance) shall be varied as follows —
a
after item 9 there shall be added the following item —
10
The services of the authorised corporate director of an open-ended investment company so far as they consist in managing the company’s scheme property.
;
b
after Note (6) there shall be added the following Notes —
7
For the purposes of item 10, a person is an authorised corporate director of an open-ended investment company if for the time being that person —
a
is a director of the company, and
b
has responsibility for the management of, and is managing, the company’s scheme property.
8
For the purposes of item 10 and Note (7), an open-ended investment company’s scheme property is the property subject to the collective investment scheme constituted by that company.
9
In Note (7) “director”, in relation to an open-ended investment company, includes a person occupying in relation to it the position of director (by whatever name called).
10
For the purposes of this Group, “collective investment scheme” and “open-ended investment company” have the meanings given by section 75 of the Financial Services Act 1986 .
Richard Ottoway
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
26th February 1997


text:
Commencement and citation
1
This Order may be cited as The Trunk Road (Greenwich) Red Route Experimental (Banned Turns) Traffic Order 1997, and shall come into force on 1st February 1997.
Interpretation
2
In this Order —
“the trunk road” means the A205 Trunk Road in the London Borough of Greenwich;
“central reserve” means that part of the trunk road which separates its carriageways for the safety and guidance of vehicular traffic using that road;
Prohibition
3
Subject to the provisions of article 4 below, no person shall, cause or permit any vehicle to enter or proceed through the gap in the central reserve of the A205 Trunk Road opposite its junctions with Philippa Gardens or Legatt Road.
Power to modify or suspend this Order
4
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Exemptions
5
Nothing in this Order shall apply
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
TRO229
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
22nd January 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) ( No. 2) Regulations 1997 and shall come into force —
a
for the purposes of this regulation and regulation 19(a), on 6th April 1997;
b
for the purposes of regulations 2(1) and (4), 3(1), (2), (4) and (6), 4 and 5, 7 to 9, 11 to 18 and 20, on 7th April 1997;
c
for the purposes of regulation 6 —
i
in so far as it relates to retirement pension or graduated retirement benefit, on 4th August 1997; and
ii
for all other purposes, on 7th April 1997;
d
for the purposes of regulation 10 —
i
in so far as it relates to retirement pension, on 4th August 1997; and
ii
for all other purposes, on 7th April 1997;
e
for the purposes of regulation 19(b) and (c), on 1st September 1997;
f
for the purposes of regulation 2 (with the exception of paragraphs (1) and (4)) and regulation 3(3) and (5), on 6th October 1997.
2
In these Regulations —
a
“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1995 ;
b
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 .
Amendment of regulation 4 of the Claims and Payments Regulations
2
1
Regulation 4 of the Claims and Payments Regulations (making a claim for benefit) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) there shall be inserted after the words “Every claim for benefit” the words “other than a claim for income support or jobseeker’s allowance”.
3
After paragraph (1) there shall be inserted the following paragraphs —
1A
In the case of a claim for income support or jobseeker’s allowance, the claim shall —
a
be made in writing on a form approved by the Secretary of State for the purpose of the benefit for which the claim is made;
b
unless any of the reasons specified in paragraph (1B) applies, be made in accordance with the instructions on the form; and
c
unless any of the reasons specified in paragraph (1B) applies, include such information and evidence as the form may require in connection with the claim.
1B
The reasons referred to in paragraph (1A) are —
a
i
the person making the claim is unable to complete the form in accordance with the instructions or to obtain the information or evidence it requires because he has a physical, learning, mental or communication difficulty; and
ii
it is not reasonably practicable for the claimant to obtain assistance from another person to complete the form or obtain the information or evidence;
or
b
the information or evidence required by the form does not exist;
or
c
the information or evidence required by the form can only be obtained at serious risk of physical or mental harm to the claimant, and it is not reasonably practicable for the claimant to obtain the information or evidence by other means;
or
d
the information or evidence required by the form can only be obtained from a third party, and it is not reasonably practicable for the claimant to obtain such information or evidence from such third party;
or
e
the Secretary of State is of the opinion that the person making the claim has provided sufficient information or evidence to show that he is not entitled to the benefit for which the claim is made, and that it would be inappropriate to require the form to be completed or further information or evidence to be supplied.
1C
If a person making a claim is unable to complete the claim form or supply the evidence or information it requires because one of the reasons specified in sub-paragraphs (a) to (d) of paragraph (1B) applies, he may so notify an appropriate office by whatever means.
.
4
For paragraph (5) there shall be substituted the following paragraph —
5
Where a person who wishes to make a claim for benefit and who has not been supplied with an approved form of claim notifies an appropriate office (by whatever means) of his intention to make a claim, he shall be supplied, without charge, with such form of claim by such person as the Secretary of State may appoint or authorise for that purpose.
.
5
In paragraph (7) there shall be inserted after the words “If a claim” the words “, other than a claim for income support or jobseeker’s allowance,”.
6
After paragraph (7) there shall be added the following paragraph —
7A
In the case of a claim for income support or jobseeker’s allowance, if a defective claim is received, the Secretary of State shall advise the person making the claim of the defect and of the relevant provisions of regulation 6(1A) or 6(4A) relating to the date of claim.
.
7
For paragraph (8) there shall be substituted the following paragraphs —
8
A claim, other than a claim for income support or jobseeker’s allowance, which is made on the form approved for the time being is, for the purposes of these Regulations, properly completed if completed in accordance with the instructions on the form and defective if not so completed.
9
In the case of a claim for income support or jobseeker’s allowance, a properly completed claim is a claim which meets the requirements of paragraph (1A) and a defective claim is a claim which does not meet those requirements.
.
Amendment of regulation 6 of the Claims and Payments Regulations
3
1
Regulation 6 of the Claims and Payments Regulations (date of claim) shall be amended in accordance with the following provisions of this regulation.
2
After sub-paragraph (a) of paragraph (1) there shall be inserted the following sub-paragraph —
aa
in the case of a claim for —
family credit;
disability working allowance;
jobseeker’s allowance if first notification is received before 6th October 1997; or
income support if first notification is received before 6th October 1997;
which meets the requirements of regulation 4(1) and which is received in an appropriate office within one month of first notification in accordance with regulation 4(5), whichever is the later of —
i
the date on which that notification is received; and
ii
the first date on which that claim could have been made in accordance with these Regulations;
.
3
After paragraph (1) there shall be added the following paragraph —
1A
In the case of a claim for income support —
a
subject to the following sub-paragraphs, the date on which a claim is made shall be the date on which a properly completed claim is received in an appropriate office or the first day in respect of which the claim is made if later;
b
where a properly completed claim is received in an appropriate office within one month of first notification of intention to make that claim, the date of claim shall be the date on which that notification is deemed to be made or the first day in respect of which the claim is made if later;
c
a notification of intention to make a claim will be deemed to be made on the date when an appropriate office receives —
i
a notification in accordance with regulation 4(5); or
ii
a defective claim.
.
4
In paragraph (3) for the words “, jobseeker’s allowance or a social fund payment for maternity or funeral expenses” there shall be substituted the words “or jobseeker’s allowance”.
5
For paragraph (4A) there shall be substituted the following paragraphs —
4A
Where a person notifies the Secretary of State (by whatever means) that he wishes to claim a jobseeker’s allowance —
a
if he is required to attend under regulation 4(6)(a) —
i
if he subsequently attends for the purpose of making a claim for that benefit at the time and place specified by the Secretary of State and complies with the requirements of paragraph (4AA), the claim shall be treated as made on whichever is the later of first notification of intention to make that claim and the first day in respect of which the claim is made;
ii
if, without good cause, he fails to attend for the purpose of making a claim for that benefit at either the time or place so specified, or does not comply with the requirements of paragraph (4AA), the claim shall be treated as made on the first day on which he does attend at that place and does provide a properly completed claim;
b
if under regulation 4(6)(a) the Secretary of State directs that he is not required to attend —
i
subject to the following sub-paragraph, the date on which the claim is made shall be the date on which a properly completed claim is received in an appropriate office or the first day in respect of which the claim is made if later;
ii
where a properly completed claim is received in an appropriate office within one month of first notification of intention to make that claim, the date of claim shall be the date of that notification.
4AA
Unless the Secretary of State otherwise directs, a properly completed claim shall be provided at or before the time when the person making the claim for a jobseeker’s allowance is required to attend for the purpose of making a claim.
4AB
The Secretary of State may direct that the time for providing a properly completed claim may be extended to a date no later than the date one month after the date of first notification of intention to make that claim.
.
6
After paragraph (11) there shall be added the following paragraphs —
12
Subject to paragraph (14), where a person has claimed disability working allowance and that claim (“the original claim”) has been refused, and a further claim is made in the circumstances specified in paragraph (13), that further claim shall be treated as made —
a
on the date of the original claim; or
b
on the first date in respect of which the qualifying benefit was payable,
whichever is the later.
13
The circumstances referred to in paragraph (12) are that —
a
the original claim was refused on the ground that the claimant did not qualify under section 129(2) of the Contributions and Benefits Act;
b
at the date of the original claim the claimant had made a claim for a qualifying benefit and that claim had not been determined;
c
after the original claim had been determined, the claim for the qualifying benefit was determined in the claimant’s favour; and
d
the further claim for disability working allowance was made within three months of the date that the claim for the qualifying benefit was determined.
14
Paragraph (12) shall not apply in a case where the further claim for disability working allowance is made within the period prescribed under section 30(1) of the Social Security Administration Act 1992, and is accordingly treated as an application for a review under section 30(13) of that Act.
15
In paragraphs (12) and (13) “qualifying benefit” means any of the benefits referred to in section 129(2) of the Contributions and Benefits Act.
16
Where a person has claimed severe disablement allowance and that claim (“the original claim”) has been refused, and a further claim is made in the circumstances specified in paragraph (17), that further claim shall be treated as made —
a
on the date of the original claim; or
b
on the first date in respect of which the highest rate of the care component of disability living allowance was payable,
whichever is the later.
17
The circumstances referred to in paragraph (16) are that —
a
the original claim was refused on the ground that the claimant’s disablement was less than 80 per cent.;
b
at the date of the original claim the claimant had made a claim for disability living allowance, and that claim had not been determined;
c
after the original claim had been determined, the claimant was awarded the highest rate of the care component of disability living allowance; and
d
the further claim for severe disablement allowance was made within three months of the date that the claim for disability living allowance was determined.
18
Where a person has ceased to be entitled to incapacity benefit, and a further claim for incapacity benefit is made in the circumstances specified in paragraph (19), that further claim shall be treated as made —
a
on the date that entitlement to incapacity benefit ceased; or
b
on the first date in respect of which the qualifying benefit was payable;
whichever is the later.
19
The circumstances referred to in paragraph (18) are that —
a
entitlement to incapacity benefit ceased on the ground that the claimant was not incapable of work;
b
at the date that entitlement to incapacity benefit ceased the claimant had made a claim for a qualifying benefit and that claim had not been determined;
c
after entitlement to incapacity benefit had ceased, the claim for the qualifying benefit was determined in the claimant’s favour; and
d
the further claim for incapacity benefit was made within three months of the date that the claim for the qualifying benefit was determined.
20
In paragraphs (18) and (19) “qualifying benefit” means any of the payments referred to in regulation 10(2)(a) of the Social Security (Incapacity for Work) (General) Regulations 1995 .
21
Where a person has claimed invalid care allowance and that claim (“the original claim”) has been refused, and a further claim is made in the circumstances specified in paragraph (22), that further claim shall be treated as made —
a
on the date of the original claim; or
b
on the first date in respect of which the qualifying benefit was payable in respect of the disabled person,
whichever is the later.
22
The circumstances referred to in paragraph (21) are that —
a
the original claim was refused on the ground that the disabled person was not a severely disabled person within the meaning of section 70(2) of the Contributions and Benefits Act;
b
at the date of the original claim the disabled person had made a claim for a qualifying benefit, and that claim had not been determined;
c
after the original claim had been determined, the claim for the qualifying benefit was determined in the disabled person’s favour; and
d
the further claim for invalid care allowance was made within three months of the date that the claim for the qualifying benefit was determined.
23
In paragraphs (21) and (22) —
a
“the disabled person” means the person for whom the invalid care allowance claimant is caring in accordance with section 70(1)(a) of the Contributions and Benefits Act; and
b
“qualifying benefit” means any benefit or payment referred to in section 70(2) of the Contributions and Benefits Act.
24
Where a person has claimed a social fund payment in respect of maternity or funeral expenses and that claim (“the original claim”) has been refused, and a further claim is made in the circumstances specified in paragraph (25), that further claim shall be treated as made —
a
on the date of the original claim; or
b
on the first date in respect of which the qualifying benefit was awarded,
whichever is the later.
25
The circumstances referred to in paragraph (24) are that —
a
the original claim was refused on the ground that the claimant had not been awarded a qualifying benefit;
b
at the date of the original claim the claimant had made a claim for a qualifying benefit and that claim had not been determined;
c
after the original claim had been determined, the claim for the qualifying benefit was determined in the claimant’s favour; and
d
the further claim for a social fund payment was made within three months of the date that the claim for the qualifying benefit was determined.
26
In paragraphs (24) and (25) “qualifying benefit” means —
a
in the case of a claim for a social fund payment in respect of maternity expenses, any benefit referred to in regulation 5(1)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 ;
b
in the case of a claim for a social fund payment in respect of funeral expenses, any benefit referred to in regulation 7(1)(a) of those Regulations .
27
Where a claim is made for family credit or disability working allowance, and —
a
the claimant had previously made a claim for income support or jobseeker’s allowance (“the original claim”);
b
the original claim was refused on the ground that the claimant or his partner was in remunerative work; and
c
the claim for family credit or disability working allowance was made within 14 days of the date that the original claim was determined,
that claim shall be treated as made on the date of the original claim, or, if the claimant so requests, on a later date specified by the claimant.
28
Where a claim is made for income support or jobseeker’s allowance, and —
a
the claimant had previously made a claim for family credit or disability working allowance (“the original claim”);
b
the original claim was refused on the ground that the claimant or his partner was not in remunerative work; and
c
the claim for income support or jobseeker’s allowance was made within 14 days of the date that the original claim was determined,
that claim shall be treated as made on the date of the original claim, or, if the claimant so requests, on a later date specified by the claimant.
.
Amendment of regulation 10 of the Claims and Payments Regulations
4
In regulation 10 of the Claims and Payments Regulations (claim for incapacity benefit or severe disablement allowance where no entitlement to statutory sick pay or statutory maternity pay) —
a
in paragraph (2) sub-paragraph (b) shall be omitted; and
b
in paragraph (4) —
i
in sub-paragraph (a), for the words “one month” there shall be substituted the words “three months”; and
ii
sub-paragraph (b) shall be omitted.
Amendment of regulation 11 of the Claims and Payments Regulations
5
In regulation 11(2) of the Claims and Payments Regulations (special provisions where a woman is confined) for the words “one month” there shall be substituted the words “three months”.
Substitution of regulation 19 of the Claims and Payments Regulations
6
For regulation 19 of the Claims and Payments Regulations (time for claiming benefit) there shall be substituted the following regulation —
Time for claiming benefit
19
1
Subject to the following provisions of this regulation, the prescribed time for claiming any benefit specified in column (1) of Schedule 4 is the appropriate time specified opposite that benefit in column (2) of that Schedule.
2
The prescribed time for claiming the benefits specified in paragraph (3) is three months beginning with any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the benefit concerned.
3
The benefits to which paragraph (2) applies are —
a
child benefit;
b
guardian’s allowance;
c
graduated retirement benefit ;
d
invalid care allowance;
e
maternity allowance;
f
retirement pension of any category;
g
widow’s benefit;
h
except in a case to which section 3(3) of the Social Security Administration Act 1992 applies (late claims for widowhood benefits where death is difficult to establish), any increase in any benefit (other than income support or jobseeker’s allowance) in respect of a child or adult dependant.
4
Subject to paragraph (8), in the case of a claim for income support, jobseeker’s allowance, family credit or disability working allowance, where the claim is not made within the time specified for that benefit in Schedule 4, the prescribed time for claiming the benefit shall be extended, subject to a maximum extension of three months, to the date on which the claim is made, where —
a
any of the circumstances specified in paragraph (5) applies or has applied to the claimant; and
b
as a result of that circumstance or those circumstances the claimant could not reasonably have been expected to make the claim earlier.
5
The circumstances referred to in paragraph (4) are —
a
the claimant has difficulty communicating because —
i
he has learning, language or literacy difficulties; or
ii
he is deaf or blind,
and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;
b
except in the case of a claim for jobseeker’s allowance, the claimant was ill or disabled, and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;
c
the claimant was caring for a person who is ill or disabled, and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;
d
the claimant was given information by an officer of the Department of Social Security or of the Department for Education and Employment which led the claimant to believe that a claim for benefit would not succeed;
e
the claimant was given written advice by a solicitor or other professional adviser, a medical practitioner, a local authority, or a person working in a Citizens Advice Bureau or a similar advice agency, which led the claimant to believe that a claim for benefit would not succeed;
f
the claimant or his partner was given written information about his income or capital by his employer or former employer, or by a bank or building society, which led the claimant to believe that a claim for benefit would not succeed;
g
the claimant was required to deal with a domestic emergency affecting him and it was not reasonably practicable for him to obtain assistance from another person to make his claim; or
h
the claimant was prevented by adverse weather conditions from attending the appropriate office.
6
In the case of a claim for income support, jobseeker’s allowance, family credit or disability working allowance, where —
a
the claim is not made within the time specified for that benefit in Schedule 4, but is made within one month of the expiry of that time; and
b
the Secretary of State considers that to do so would be consistent with the proper administration of benefit,
the Secretary of State may direct that the prescribed time for claiming shall be extended by such period as he considers appropriate, subject to a maximum of one month, where any of the circumstances specified in paragraph (7) applies.
7
The circumstances referred to in paragraph (6) are —
a
the appropriate office where the claimant would be expected to make a claim was closed and alternative arrangements were not available;
b
the claimant was unable to attend the appropriate office due to difficulties with his normal mode of transport and there was no reasonable alternative available;
c
there were adverse postal conditions;
d
the claimant was previously in receipt of another benefit, and notification of expiry of entitlement to that benefit was not sent to the claimant before the date that his entitlement expired;
e
in the case of a claim for family credit, the claimant had previously been entitled to income support or jobseeker’s allowance (“the previous benefit”), and the claim for family credit was made within one month of expiry of entitlement to the previous benefit;
f
except in the case of a claim for family credit or disability working allowance, the claimant had ceased to be a member of a married or unmarried couple within the period of one month before the claim was made; or
g
during the period of one month before the claim was made a close relative of the claimant had died, and for this purpose “close relative” means partner, parent, son, daughter, brother or sister.
8
This regulation shall not have effect with respect to a claim to which regulation 21ZA(2) of the Income Support (General) Regulations 1987 (treatment of refugees) applies.
.
Amendment of Schedule 4 to the Claims and Payments Regulations
7
In paragraph 2 of Schedule 4 to the Claims and Payments Regulations (prescribed times for claiming benefit) in column (2) for the words “1 month” there shall be substituted the words “3 months”.
Amendment of regulation 52 of the Adjudication Regulations
8
In regulation 52(b) of the Adjudication Regulations (review on ground of unforeseen aggravation) for all the words following “relevant loss of faculty” there shall be substituted the words “for the period of one month before the date of the application for review, and for any time after that date.”.
Amendment of regulation 57 of the Adjudication Regulations
9
In regulation 57 of the Adjudication Regulations (date from which revised decision has effect on a review) —
a
in paragraph (2) for the words “30(2)(a) and (4) and 35(1)(a)” there shall be substituted the words “30(2)(a), (4) and (5)(a), and 35(1)(a) and (3)(a)”;
b
in paragraph (3) after the words “30(2)(d)” there shall be inserted the words “and (5)(c)”.
Amendment of regulation 59 of the Adjudication Regulations
10
1
Regulation 59 of the Adjudication Regulations (review of decisions involving payment or increase of certain benefits) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) , for all the words following “a date not earlier than” there shall be substituted the words “one month before the date of the application for the review.”.
3
After paragraph (1) there shall be inserted the following paragraphs —
1A
A determination on a claim or question relating to incapacity benefit may be revised on a review so as to increase the amount of incapacity benefit payable in respect of a period which falls more than one month before the date of the application for the review where the reason for the revised determination is that section 30B(4) of the Contributions and Benefits Act applies to the claimant because he has become entitled to the highest rate of the care component of disability living allowance.
1B
A determination on a claim or question relating to incapacity benefit or severe disablement allowance may be revised on a review so as to make incapacity benefit or severe disablement allowance payable in respect of a period which falls more than one month before the date of the application for the review where on a review under section 25(1)(a) of the Administration Act (review for error of fact), it is determined that the claimant is to be treated as incapable of work under regulation 10 of the Social Security (Incapacity for Work) (General) Regulations 1995 (certain persons with a severe condition to be treated as incapable of work).
.
4
Paragraph (2) shall be omitted.
5
For paragraph (3) there shall be substituted the following paragraph —
3
A review may have effect from a date earlier than one month before the date of the application where —
a
regulation 57 or 58 applies; or
b
it is certified in the decision on review that the original decision was revised by reason only of —
i
a matter specified in section 17(1)(b) of the Administration Act (contributions and earnings factors); or
ii
a matter relating to the number of days in respect of which the claimant has been entitled or deemed to be entitled to short-term incapacity benefit.
.
6
In paragraph (5)(c) for the words “3 months” there shall be substituted the words “one month”.
Amendment of regulation 60 of the Adjudication Regulations
11
In regulation 60(1) of the Adjudication Regulations (review of decisions involving payment or increase of industrial injuries benefit), for all the words following “have effect” there shall be substituted the words “from such date as may be specified in that decision, being a date not earlier than one month before the date of the application for the review.”.
Amendment of regulation 62 of the Adjudication Regulations
12
In regulation 62 of the Adjudication Regulations (period to be taken into account by assessments revised on ground of unforeseen aggravation) for the words “3 months” there shall be substituted the words “one month”.
Amendment of regulation 63 of the Adjudication Regulations
13
1
Regulation 63 of the Adjudication Regulations (review in income support cases) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
after the words “regulation 58 applies,” there shall be inserted the words “and subject to paragraph (1A),”; and
b
for the words “12 months” in each place where they occur there shall be substituted the words “one month”.
3
After paragraph (1) there shall be inserted the following paragraph —
1A
A determination on a claim or question relating to income support may be revised on a review so as to make income support payable, or to increase the claimant’s applicable amount under Part IV of the Income Support Regulations, or to increase the amount of income support payable, in respect of a period which falls more than one month before the date the review was requested, or, where no request is made, the date of the review, (“the one-month period”) where —
a
the reason for the revised determination is that the claimant has become entitled to another benefit; and
b
arrears of that other benefit are payable in respect of a period before the one-month period.
.
Amendment of regulation 63A of the Adjudication Regulations
14
1
Regulation 63A of the Adjudication Regulations (review in jobseeker’s allowance cases) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
for the words “paragraph (2)” there shall be substituted the words “paragraph (1A)”;
b
sub-paragraph (a) shall be omitted;
c
in sub-paragraph (b) —
i
the words “in a case not falling within sub-paragraph (a) above,” shall be omitted; and
ii
for the words “12 months” there shall be substituted the words “one month”; and
d
in sub-paragraph (c) —
i
the words “in any case,” shall be omitted; and
ii
for the words “12 months” there shall be substituted the words “one month”.
3
After paragraph (1) there shall be inserted the following paragraph —
1A
A determination on a claim or question relating to jobseeker’s allowance may be revised on a review so as to make jobseeker’s allowance payable, or to increase the claimant’s applicable amount under Part VII of the Jobseeker’s Allowance Regulations, or to increase the amount of jobseeker’s allowance payable, in respect of a period which falls more than one month before the date the review was requested, or, where no request is made, the date of the review, (“the one-month period”) where —
a
the reason for the revised determination is that the claimant has become entitled to another benefit; and
b
arrears of that other benefit are payable in respect of a period before the one-month period.
.
4
Paragraph (2) shall be omitted.
Amendment of regulation 65 of the Adjudication Regulations
15
In regulation 65 of the Adjudication Regulations (review in family credit cases) for the words “12 months” there shall be substituted the words “one month”.
Amendment of regulation 66 of the Adjudication Regulations
16
In regulation 66(2) of the Adjudication Regulations (review in disability working allowance cases) for the words “12 months” there shall be substituted the words “one month”.
Amendment of regulation 67 of the Adjudication Regulations
17
In regulation 67 of the Adjudication Regulations (review in social fund cases) —
a
the words “or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather” shall be omitted;
b
the words “and section 66 of the Administration Act” shall be omitted; and
c
for all the words following the words “a claim for such expenses” there shall be substituted the words “where the application for review was made more than one month after the expiry of the time for claiming the payment in respect of the expenses under Schedule 4 to the Social Security (Claims and Payments) Regulations 1987.”.
Amendment of the Social Security (Maternity Allowance) Regulations 1987
18
In regulation 3 of the Social Security (Maternity Allowance) Regulations 1987 (modification of the maternity allowance period), paragraphs (3) to (6) shall be omitted.
Revocations
19
The following regulations shall be revoked —
a
regulation 2 of the Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 ;
b
regulation 4 of the Social Security (Attendance Allowance) Regulations 1991 (attendance allowance payable before the date of claim in renewal cases); and
c
regulation 5 of the Social Security (Disability Living Allowance) Regulations 1991 (late claim by a person previously entitled).
Savings
20
1
In the case of a claim for retirement pension or graduated retirement benefit made on or before 3rd August 1997, regulation 19 of the Claims and Payments Regulations shall have effect as if regulation 6 of these Regulations had not been made.
2
In the case of an application for a review of a decision relating to retirement pension where the application is made on or before 3rd August 1997, regulation 59 of the Adjudication Regulations shall have effect as if regulation 10 of these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
12th March 1997


text:
PART I
INTRODUCTORY
Title, extent and commencement
1
These Regulations may be cited as the Fish Health Regulations 1997, shall apply to Great Britain and shall come into force on 21st August 1997.
Interpretation
2
1
In these Regulations —
“approved farm” means a farm complying, as the case may be, with the requirements of Annex CI, II or III of Directive 91/67/ EEC and approved as such in accordance with Article 6 of that Directive;
“approved storage centre” means a storage centre or purification centre approved by the Minister as meeting the requirements set out in Schedule 5 Part II;
“approved water station” means a water station approved by the Minister as meeting the requirements set out in Schedule 5 Part I;
“approved zone” means a zone complying, as the case may be, with the provisions of Annex BI, II or III of Directive 91/67/EEC and approved as such in accordance with Article 5 of that Directive;
“aquaculture animals” means live fish, crustaceans or molluscs coming from a farm, including those from the wild intended for a farm;
“aquaculture products” means products derived from aquaculture animals, whether intended for farming, such as eggs and gametes, or for human consumption;
“Commission Decision 93/55/EEC ” means Commission Decision of 21st December 1992 amending the guarantees of the introduction of molluscs into zones for which a programme for Bonamia ostreae and Marteilia refringens has been approved as amended by Commission Decision 93/169/EEC of 19th February 1993 amending Decision 93/55/EEC concerning the guarantees for certain molluscs ;
“Commission Decision 96/490/ EC ” means Commission Decision of 18th July 1996 on certain protective measures with regard to Gyrodactylus salaris in salmonids ;
“dead fish” includes any part of a dead fish;
“Directive 91/67/EEC ” means Council Directive of 28th January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products which has been amended by and must be read in accordance with the provisions set out in Schedule 7;
“Directive 95/70/EC ” means Council Directive of 22nd December 1995 introducing minimum Community measures for the control of certain diseases affecting bivalve molluscs ;
“eggs” means fertilized ova, including eyed ova and any associated fluid, of fish, crustaceans or molluscs;
“European Inspector” means a Commission expert or Commission veterinary expert acting with regard to Directive 91/67/EEC or Directive 95/70/EC ;
“farm” means any establishment or, in general, any geographically defined installation in which aquaculture animals are reared or kept with a view to their being placed on the market;
“farmed” in relation to a fish, crustacean or mollusc means a fish, crustacean or mollusc at or from a farm;
“fish, crustaceans or molluscs” means any fish, crustacean or mollusc at any stage of development;
“Form A” means a movement document for live fish, eggs and gametes from an approved zone in the form set out in Directive 91/67/EEC which is completed, in respect of live fish, eggs and gametes of the salmonid species, in accordance with the provisions of Commission Decision 96/490/EC ;
“Form B” means a movement document for live fish, eggs or gametes from an approved farm in the form set out in Directive 91/67/EEC which is completed, in respect of salmonid ova for breeding purposes, with a certification that the eggs have been disinfected in accordance with the requirements of Article 2 of Commission Decision 96/490/EC ;
“Form C” means a movement document for molluscs from an approved coastal zone in the form set out in Directive 91/67/EEC ;
“Form D” means a movement document for molluscs from an approved farm in the form set out in Directive 91/67/EEC ;
“Form E” means a movement document for live farmed fish, molluscs and crustaceans, their eggs and gametes referred to in Article 14 paragraph 1 of Directive 91/67/EEC in the form set out in Commission Decision 93/22/EEC ;
“Form F” means a movement document for live wild fish, molluscs or crustaceans, their eggs or gametes referred to in Article 14 paragraph 2 of Directive 91/67/EEC in the form set out in Commission Decision 93/22/EEC ;
“Form G” means a movement document completed by the Official Service, certifying that the consignment of molluscs originates from an area where there has been no history of bonamiosis or marteiliosis in the previous two years confirmed by tests as provided for in Commission Decision 93/55/EEC ;
“Form H” means a movement document completed by the Official Service, certifying that the consignment of molluscs has been submitted at the place of despatch to a check ensuring that it does not contain species other than Crassostrea gigas , as required by Commission Decision 93/55/EEC ;
“Form I” means a movement document completed by the Official Service, certifying that the site of origin complies with the conditions of Commission Decision 93/44/EEC of 21st December 1992 approving the programmes concerning spring viraemia of carp submitted by the United Kingdom, and defining the additional guarantees for certain fish species for consignment to Great Britain, Northern Ireland, the Isle of Man and Guernsey ;
“gametes” means sperm or unfertilized ova and any associated fluid of fish, crustaceans or molluscs;
“Great Britain” includes the territorial waters of the United Kingdom adjacent to Great Britain;
“health inspection” means a visit by an Official Service or Services for the purpose of conducting health checks on a farm or zone;
“the Minister” means —
in relation to England, and the territorial waters adjacent to England, the Minister of Agriculture, Fisheries and Food;
in relation to Wales, and the territorial waters adjacent to Wales, the Secretary of State;
in relation to Scotland (including the territorial waters thereof), the Secretary of State;
“movement document” means a document duly completed and —
in the case of Form A, Form B, Form C and Form D corresponding to the forms set out in Directive 91/67/EEC ;
in the case of Form E and Form F corresponding to the forms set out in Commission Decision 93/22/EEC ; and
in the case of Form G, Form H and Form I complying with these Regulations;
“Official Service” means the veterinary service or any other service of equivalent level designated by the competent authority of a Member State or third country and responsible for carrying out the controls provided for in Directive 91/67/EEC ;
“placing on the market” means holding or displaying for sale, offering for sale, selling, delivering, transferring or any other form of placing on the market in the Community, with the exception of retail sale and ‘place on the market’ shall be construed accordingly;
“premises” includes any place, farm, installation in which aquaculture animals are kept, vehicle, ship, vessel, boat, craft, hovercraft or aircraft;
“veterinary inspector” means a person appointed by the Minister for the purposes of these Regulations;
“wild” in relation to a fish, crustacean or mollusc means any fish, crustacean or mollusc which is not a farmed fish, crustacean or mollusc.
2
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or a numbered Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
PART II
GENERAL
Placing on the market of aquaculture animals and aquaculture products
3
1
No person shall place on the market —
a
aquaculture animals unless they meet the requirements set out in paragraph (2) below;
b
aquaculture products for breeding purposes unless they originate from aquaculture animals which meet the requirements set out in paragraph (2) below; or
c
aquaculture products for human consumption unless they originate from aquaculture animals which meet the requirements set out in sub-paragraph (2)(a) below.
2
The requirements for aquaculture animals referred to in paragraph (1) above are —
a
where placing on the market involves the loading of aquaculture animals, they shall not show clinical signs of disease on the day of loading;
b
they shall not be intended for destruction or slaughter under a scheme for the eradication of a disease referred to in Annex A of Directive 91/67/EEC ;
c
they shall not come from a farm which is subject to a prohibition which has been imposed for aquaculture animal health reasons; and
d
they shall not have been in contact with aquaculture animals from a farm which is subject to a prohibition which has been imposed for aquaculture animal health reasons.
3
The provisions of this regulation are without prejudice to the provisions of regulations 4, 5, 9 and 10 of the Diseases of Fish (Control) Regulations 1994 .
Transportation of aquaculture animals
4
1
No person shall transport aquaculture animals unless the requirements set out in paragraph (2) below are met.
2
The requirements referred to in paragraph (1) above are —
a
the duration of the journey shall be as short as reasonably possible;
b
the means of transport shall have been cleaned and disinfected prior to despatch;
c
if the aquaculture animals are transported overland in water, they shall be transported in such a manner that the water cannot escape from the vehicle during transport;
d
all reasonable steps shall be taken to safeguard the health of the aquaculture animals, including, if appropriate, changing the water in which they are transported; and
e
water used in the transport of the aquaculture animals shall only be changed at an approved water station.
Identification of aquaculture animals and aquaculture products
5
1
No person shall despatch aquaculture animals or aquaculture products unless information is provided in accordance with paragraph (2) below which —
a
identifies the consignment;
b
enables the farm of origin or the place of origin of the consignment to be traced; and
c
enables the contents of the consignment to be linked to the movement document relating to the consignment, where a movement document is required by these Regulations.
2
The information referred to in paragraph (1) above shall be provided on the container for the consignment, on a label fixed to the container or on the movement document.
PART III
MOVEMENT WITHIN THE EUROPEAN COMMUNITY
Validity of movement documents
6
1
A movement document is not valid unless —
a
it is drawn up at the place of origin of the aquaculture animals or aquaculture products to which it relates by the Official Service of the Member State in which the place of origin is situated;
b
it is in the official language or languages of the place of destination of the aquaculture animals or aquaculture products to which it relates;
c
it is drawn up on a single sheet of paper; and
d
it is made out for a single consignee.
2
A movement document is not valid when —
a
it is drawn up more than 48 hours before the aquaculture animals or aquaculture products to which it relates are loaded for despatch;
b
the movement to which it relates has not been completed within 10 days of issue;
c
it is used in relation to aquaculture animals and aquaculture products other than those in respect of which it was issued; or
d
it has been incorrectly issued by an Official Service.
3
For the purposes of this regulation the expression “place of origin” shall have the same meaning as it has in Article 11 of Directive 91/67/EEC .
Introduction of live fish, eggs and gametes
7
1
Any reference in this regulation to a numbered column shall be construed as a reference to the column so numbered in Schedule 2.
2
Subject to paragraph (3) below, no person shall introduce into a zone specified in column (2) from elsewhere in the European Community, or subsequently move within that zone, any live fish, eggs or gametes specified in column (3) opposite the reference to such zone unless they are accompanied by valid movement documents in the form specified in column (4) opposite the reference to such zone and such live fish, eggs or gametes confirming that —
a
they come from an area free from the disease specified in column (5) opposite the reference to such movement document; or
b
where a movement document does not require that they come from an area free from such disease, they fulfil the conditions set out in that movement document.
3
The provisions of this regulation shall not apply to tropical fish kept permanently in aquaria.
Introduction of dead fish
8
1
Any reference in this regulation to a numbered column shall be construed as a reference to the column so numbered in Schedule 3.
2
No person shall introduce into a zone specified in column (2) from elsewhere in the European Community dead fish specified in column (3) opposite the reference to such zone unless they comply with the conditions specified in column (4) opposite the reference to such zone and such dead fish.
Introduction of live molluscs, eggs and gametes
9
1
Any reference in this regulation to a numbered column shall be construed as a reference to the column so numbered in Schedule 4.
2
Subject to paragraph (5) below, no person shall introduce into a zone specified in column (2) from elsewhere in the European Community, or subsequently move within that zone, any live molluscs, eggs or gametes specified in column (3) opposite the reference to such zone with the intention of relaying them unless they are accompanied by valid movement documents in the form specified in column (4) opposite the reference to such zone and such live molluscs, eggs or gametes, confirming that —
a
they come from an area free from the disease specified in column (5) opposite the reference to such movement document; or
b
where a movement document does not require that they come from an area free from such disease, they fulfil the conditions set out in that movement document.
3
Subject to paragraph (5) below, no person shall relay in a zone specified in column (2) any live molluscs, eggs or gametes specified in column (3) opposite the reference to such zone from outside that zone unless they are accompanied by valid movement documents in the form specified in column (4) opposite the reference to such zone and such live molluscs, eggs or gametes, confirming that —
a
they come from an area free from the disease specified in column (5) opposite the reference to such movement document; or
b
where a movement document does not require that they come from an area free from such disease, they fulfil the conditions set out in that movement document.
4
Subject to paragraph (5) below, no person shall relay any live molluscs, eggs or gametes from an area referred to in Schedule 6 —
a
in another area referred to in Schedule 6; or
b
outside the areas referred to in Schedule 6;
unless they have been authorised to do so in writing by the Minister.
5
Paragraphs (2), (3) and (4) above shall not apply to the relaying of live molluscs, eggs or gametes when they are re-laid in an approved storage centre.
6
For the purposes of this regulation —
“coastal zone” means any waters lying below the high water mark of the ordinary spring tides and any land adjacent to such waters;
“relaying” in relation to molluscs means the deposit or immersion of molluscs in a coastal zone and “relaid” and “relay” shall be construed accordingly.
Quarantine requirements for introductions of wild fish, molluscs and crustaceans for breeding purposes
10
1
No person shall introduce into an approved zone or an approved farm any wild fish, molluscs, crustaceans, their eggs or gametes, which have been caught in the deep sea and which are to be used for breeding purposes unless those fish, molluscs, crustaceans, eggs or gametes are first placed in quarantine in suitable facilities and in appropriate conditions to be determined by the Minister.
2
The provisions of this regulation shall not apply to tropical fish kept permanently in aquaria.
Export to other parts of the European Community of aquaculture animals and aquaculture products from Great Britain
11
1
No person shall export from Great Britain to another part of the European Community any aquaculture animal or aquaculture product which does not meet, or is not despatched in accordance with, the requirements of the relevant provisions of Directive 91/67/EEC (including any option permitted by that Directive which has been exercised in relation to its destination) or which is not accompanied by any documents required under Directive 91/67/EEC .
2
For the purposes of this regulation the relevant provisions of Directive 91/67/EEC are Articles 3, 4, 7 to 11 inclusive, 14 and 16.
PART IV
DISEASE AND POWERS
Notification of disease
12
1
Any person who —
a
knows of any observed abnormal mortality amongst bivalve molluscs in farms, farming areas, harvested natural beds, or purification centres or storage tanks which discharge water into the sea;
b
knows of any symptom amongst fish or molluscs which might constitute grounds for suspecting the presence of a disease listed in Schedule 1;
c
has any reason for suspecting the presence amongst fish or molluscs of a disease listed in Schedule 1;
shall notify the Minister as quickly as possible.
2
Any person who has in his possession or under his charge an infected item, or an item which he suspects is an infected item, shall detain it until —
a
it has been examined by a veterinary inspector; or
b
a veterinary inspector has instructed him to dispose of it.
3
A veterinary inspector shall have powers to take such samples of or from fish or molluscs as may be necessary to establish whether a disease listed in Schedule 1 is present amongst fish or molluscs.
4
For the purposes of this regulation —
“infected item” means a fish or mollusc or the carcase or part of the carcase of the same which is infected with a disease listed in Schedule 1; and
“observed abnormal mortality” shall have the meaning it is given in Article 2 of Directive 95/70/EC .
Powers — diseases of fish
13
If the result of a test for the presence of a disease of fish listed in Schedule 1 is positive, the Minister may, by notice in writing served on the person appearing to have charge of any fish, facilities or equipment —
a
require the slaughter of all fish in infected farms;
b
require the destruction of all infected or contaminated fish; and
c
require the disinfection of facilities and equipment.
Powers — diseases of molluscs
14
1
If a veterinary inspector has reasonable grounds for suspecting amongst molluscs the presence of a disease listed in Schedule 1 he may —
a
by notice in writing served on the person appearing to have charge of any molluscs kept on such premises as are specified in the notice, prohibit the movement of any molluscs on to or off such premises, except under the written authority of the Minister; or
b
by notice in writing served on any person appearing to him to be appropriate, prohibit the taking of any molluscs from any area as is specified in the notice except under the written authority of the Minister.
2
A notice served under paragraph (1) above shall remain in force until withdrawn by a further notice in writing served by a veterinary inspector on the person on whom the initial notice was served.
3
If the result of a test for the presence of a disease of molluscs listed in Schedule 1 is positive, the Minister may, by notice in writing served on the person appearing to have charge of any molluscs, facilities or equipment —
a
require the destruction of all infected or contaminated molluscs; and
b
require the disinfection of facilities and equipment.
Powers of veterinary inspector
15
1
Subject to regulation 10 of the Animals and Animal Products (Import and Export) Regulations 1995 and regulation 13 of the Products of Animal Origin (Import and Export) Regulations 1996 a veterinary inspector shall have the powers set out in this regulation.
2
A veterinary inspector shall, on producing, if required to do so, some duly anthenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations.
3
A veterinary inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
carry out inspections of any premises;
b
take samples of or from aquaculture animals or aquaculture products;
c
examine relevant documentary or computer material.
4
A veterinary inspector shall have powers to make such inspections and take such samples as may be necessary to carry out the health inspections, sampling plans and diagnostic methods established by Directive 91/67/EEC or Directive 95/70/EC .
5
A veterinary inspector entering any premises under these Regulations may take with him such persons, equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under these Regulations.
Failure to comply with a notice
16
If any person fails to comply with the requirements of a notice served under these Regulations then, without prejudice to any proceedings consequent upon such failure, a veterinary inspector may enter on any premises to which such notice relates and take or cause to be taken such steps as appear to the veterinary inspector to be necessary either to ensure compliance with the requirements of the notice or to remedy the consequences of the failure to carry them out, and all reasonable costs of taking such steps shall be recoverable by the Minister from the person on whom the notice was served.
Extension of the Animals and Animal Products (Import and Export) Regulations 1995 and the Products of Animal Origin (Import and Export) Regulations 1996
17
1
The Animals and Animal Products (Import and Export) Regulations 1995 and the Products of Animal Origin (Import and Export) Regulations 1996, to the extent that those regulations apply to aquaculture animals and aquaculture products, shall have effect as if the relevant areas were another Member State.
2
For the purposes of this regulation “the relevant areas” means Northern Ireland, the Isle of Man and any of the Channel Islands.
Obstruction
18
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 purposes of 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 or give any information if to do so might incriminate him.
Powers — European Inspectors
19
A European Inspector may accompany any person who is enforcing these Regulations for the purpose of establishing whether Directive 91/67/EEC and Directive 95/70/EC are applied in a uniform way.
PART V
OFFENCES AND PENALTIES
Offences by directors etc.
20
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 be 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 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 is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Offences
21
1
Any person who contravenes, or fails to comply with, a provision of these Regulations or a provision or requirement of a notice served in accordance with the provisions of these Regulations, shall be guilty of an offence.
2
Any person who, for the purposes of procuring the issue of a movement document —
a
makes a statement which he knows to be false in a material particular;
b
recklessly make a statement which is false in a material particular; or
c
intentionally fails to disclose any material particular,
shall be guilty of an offence.
Penalties
22
1
A person who is guilty of an offence by reason of his failure to comply with provisions of regulation 12(1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
2
A person guilty of any other offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Amendment of the Registration of Fish Farming and Shellfish Farming Businesses Order 1985
23
Part II of Schedule 3 to the Registration of Fish Farming and Shellfish Farming Businesses Order 1985 shall be amended by adding after paragraph 2 —
3
Observed abnormal mortality, as defined in Article 2 of Council Directive 95/70/EC of 22nd December 1995 introducing minimum Community measures for the control of certain diseases affecting bivalve molluscs.
.
Revocation
24
The Fish Health Regulations 1992 , the Fish Health (Amendment) Regulations 1993 , the Fish Health (Amendment) Regulations 1994 and the Fish Health (Amendment) Regulations 1995 are hereby revoked.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
30th July 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
29th July 1997


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Europe Agreement establishing an Association between the European Communities and their Member States and the Republic of Estonia) Order 1997. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations may be cited as the Animals (Third Country Imports) (Charges) Regulations 1997 and shall come into force on 1 April 1997.
Interpretation
2
In these Regulations —
“Border Inspection Post” has the meaning given to it by article 1(2) and Schedule 2 of the Animals and Animal Products (Import and Export) Regulations 1995
“the Minister” means the Minister of Agriculture, Fisheries and Food.
“public holiday” means a Bank Holiday within the meaning of the Banking and Financial Dealings Act 1971 , Christmas Day and Good Friday.
Inspection of animals at a Border Inspection Post
3
Any person who imports an animal into Great Britain in accordance with the provisions of Part III of the Animals and Animal Products (Import and Export) Regulations 1995 shall pay to the Minister a charge for the veterinary and health inspection carried out on the animal, in accordance with Council Directive 96/43/ EEC (amending and consolidating Directive 85/73/EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending Directives 90/675/EEC and 91/496/EEC ).
Payment of charges
4
1
Subject to paragraphs (2) and (3) below, the charge for an inspection of an animal at a Border Inspection Post shall be in accordance with the Schedule to these Regulations.
2
Where an inspection begins after 5.00pm and before 8.30am on any day other than a Saturday or a Sunday, the charge shall be increased by 50%.
3
Where an inspection takes place on a Saturday, a Sunday or a public holiday the charge shall be increased by 100% and an additional sum of £50.00.
4
For the purposes of these Regulations payment of the charge shall be in sterling and may be made by means of cash, a cheque drawn on a United Kingdom clearing bank, a bank guarantee or a bank deposit.
Detention of animals at the Border Inspection Post
5
1
An animal in respect of which a charge is due in accordance with Regulation 4 above, may be detained at the Border Inspection Post until such time as the person importing it has paid the charge in full.
2
The person importing an animal detained in accordance with paragraph 1 above, shall be liable for the cost of detaining it until the charge is paid.
3
Where the charge remains unpaid, the Minister may, at any time, serve a notice on the person importing the animal requiring him to pay the charge within a specified period.
Detention of animals at premises other than Border Inspection Posts
6
The Minister may, at any time, serve a notice on a person importing an animal into Great Britain in respect of which a charge under Regulation 4 is due, requiring him to —
a
pay the charge within a specified period, and
b
detain the animal, at his own expense at such premises, other than a Border Inspection Post, as a veterinary inspector may deem appropriate.
Power of seizure
7
1
Where a notice has been served in accordance with Regulations 5 or 6 above, and the person on whom it was served has failed to comply with it, the Minister may seize, and sell or otherwise dispose of the animal to which the notice relates.
2
The proceeds of sale will be used to discharge any sum which may be due to the Minister and any balance will be paid to the person importing the animal.
Power of recovery
8
The Minister may recover any sum due to him by virtue of these Regulations.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th March 1997
Lindsay
Parliamentary Under-Secretary of State, Scottish Office
5th March 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) (Standard Interest Rate Amendment) (No. 3) Regulations 1997 and shall come into force on 23rd November 1997.
2
These Regulations shall have effect in relation to any particular claimant —
a
in a case where income support is paid to the claimant in arrears in accordance with paragraph 7(1)(i) of Schedule 7 to the Claims and Payments Regulations (date when change of circumstances is to take effect) —
i
from the first day of the benefit week which includes 30th November 1997; or
ii
if the claim for income support is for a period beginning after 30th November 1997, from the first day of the first benefit week commencing after 23rd November 1997;
b
in a case where income support is paid to the claimant in advance in accordance with paragraph 7(1)(ii) of Schedule 7 to the Claims and Payments Regulations, from the first day of the first benefit week commencing after 30th November 1997;
and for this purpose, the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
3
In these Regulations, “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 and “the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “7.57 per cent.” there shall be substituted the words “7.97 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 1997
3
The Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 1997 are hereby revoked save that those Regulations shall continue to have effect until the day before the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(2) of these Regulations.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
29th October 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 1997 and shall come into force on 1st November 1997.
2
In these Regulations, “the principal Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation), at the end of the definition of “postcode district” , there shall be added the words “except in the case of any postcode district which is identified with an alpha suffix which shall, for the purposes of these Regulations, be treated as if it forms part of a postcode district which is identified without that suffix”.
Amendment of regulation 2 of the principal Regulations
3
1
Regulation 2 of the principal Regulations (prescribed circumstances) shall be amended in accordance with the following paragraphs.
2
In paragraph (1)(a) —
a
after the word “paragraphs” there shall be inserted “(1A), (1B),”;
b
in head (ii), for the word “or” there shall be substituted the word “and”;
c
head (iii) shall be omitted.
3
After paragraph (1) there shall be inserted the following paragraphs —
1A
For the purposes of paragraph (1)(a)(i), where a station identified in column (1) of Schedule 1 to these Regulations (in this paragraph and in paragraph (1B) referred to as “the primary station”) is unable to provide temperature information in respect of a particular day, the mean daily temperature on that day —
a
at the alternative station for that primary station specified in column (2) of Schedule 2 to these Regulations; or
b
where there is no such alternative station specified, at the nearest station to that primary station able to provide temperature information in respect of that day,
shall be used to determine whether or not there is a recorded period of cold weather at the relevant primary station.
1B
For the purposes of paragraph (1)(a)(ii), where the Meteorological Office is unable to produce a forecast in respect of a particular period at a primary station, any forecast produced in respect of that period —
a
at the alternative station for that primary station specified in column (2) of Schedule 2 to these Regulations; or
b
where there is no such alternative station specified, at the nearest station to that primary station able to provide temperature information for that period,
shall be used to determine whether or not there is a forecasted period of cold weather at the relevant primary station.
.
Substitution of Schedule 1 to the principal Regulations
4
For Schedule 1 to the principal Regulations (identification of stations and postcode districts), there shall be substituted the Schedule set out in Schedule 1 to these Regulations.
Substitution of Schedule 2 to the principal Regulations
5
For Schedule 2 to the principal Regulations (specified alternative stations), there shall be substituted the Schedule set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Social Security.
Frank Field
Minister of State,
Department of Social Security
25th September 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 1997 and shall come into force on 7th April 1997.
2
In this Order “the principal Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is to the article Part, Table or Schedule in the principal Order which bears that number.
Amendment of article 3A
2
In article 3A (making of claims)
a
in paragraph (1), after the words “or supplement” where they first occur there shall be inserted the words “(including any such award which follows an earlier award or which follows a period which, had there been an award for that period, would have ended in accordance with article 42(1) ”;
b
at the end of paragraph (2) there shall be added —
p
an award of funeral expenses under article 42A (funeral expenses).
.
Amendment of article 17
3
In article 17 (allowance for wear and tear of clothing), for paragraphs (1) and (2) there shall be substituted the following paragraph —
1
A member of the armed forces who is in receipt of retired pay or a pension may be awarded an allowance in respect of wear and tear of clothing at the rate specified in paragraph 5 of Part IV of Schedule 1, where either —
a
he is in receipt of retired pay or pension in respect of an amputation and regularly wears an artificial limb; or
b
the Secretary of State is satisfied that as a result of the disablement which gives rise to an award under this Order there is exceptional wear and tear of the member`s clothing.
.
Amendments of articles 18, 21 and 26A
4
1
In the amendments to the principal Order made in paragraphs (2) to (4) below, a claim is a new claim where —
a
the date of the claim occurs on or after 7th April 1997; and
b
on the day which immediately precedes the date of the claim the member or, where the member has died, the person by or in respect of whom the claim is made does not have an award of the allowance or, as the case may be, the supplement in question.
2
In article 18 (unemployability allowances) —
a
after paragraph (1) there shall be inserted the following paragraph —
1A
Paragraph (1) shall not apply in the case of a member who submits a new claim for an allowance under this article —
a
on or after the date he attains the age of 65; or
b
where the degree of disablement is assessed at less than 60 per cent.
;
b
in paragraph (2) for the amount “£2,366” there shall be substituted the amount “£2,418”.
3
In article 21 (allowance for lowered standard of occupation) —
a
in paragraph (1) at the beginning there shall be inserted the words —
Except in the case of a member to whom paragraph (1B) applies,
; and
b
after paragraph (1A) there shall be inserted the following paragraph —
1B
This paragraph applies in the case of a member who submits a new claim for an allowance under this article —
a
on or after the date he attained the age of 65; or
b
where the degree of disablement is assessed at less than 40 per cent.
.
4
In article 26A (mobility supplement), after paragraph (1) there shall be inserted the following paragraph —
1A
This article shall not apply in the case of a member who submits a new claim where the degree of disablement is assessed at less than 40 per cent.
.
Amendment of article 27
5
In article 27 (awards in respect of death) —
a
In paragraph (1), after the words “due to service” there shall be inserted the words “or to which article 42A(2)(b) applies”;
b
in paragraph (3), the words from “so however” to the end of the paragraph shall be deleted;
c
at the end, there shall be added the following paragraph —
4
The death of a member —
a
whose degree of disablement was assessed at not less than 80 per cent; and
b
to whom, in respect of the period ending with his death, an allowance under article 18 (unemployability allowances) was payable,
shall be regarded as due to service for the purposes of the provisions of this Part.
.
Amendment of article 29
6
In article 29 (pensions to widows) in —
a
paragraph (1)(a)(i) after the words “40 years” there shall be inserted “or is the widow of an officer who was a member of the armed forces between 14th August 1914 and 30th September 1921”;
b
paragraph (1A) for the amount “£51.71” there shall be substituted the amount “£52.80”.
Amendment of article 42
7
In article 42 (marriage of female persons) —
a
after paragraph (1) there shall be inserted the following paragraph —
1A
Where —
a
in accordance with paragraph (1) an award ceased because the person had another person living with her as her spouse; and
b
that person claims an award under this Part in respect of a period which begins after the end of that relationship,
the claim shall be determined as though the relationship had never existed.
;
b
paragraphs (3), (6) and (7) shall be omitted.
Funeral expenses
8
In Part IV, at the end, there shall be added —
Funeral expenses
42A
1
Where a member of the armed forces dies on or after 7th April 1997 and —
a
the funeral took place in the British Islands or the Republic of Ireland,
b
within three months of the funeral of the deceased member, either
i
a claim is made for funeral expenses, or
ii
an enquiry is made in person, in writing or orally to the Secretary of State or to an authorised agent about claiming funeral expenses and a claim is made for such expenses within three months of the date the claim form is sent in response to that enquiry; and
c
one of the conditions specified in paragraph (2) is satisfied,
the Secretary of State may defray so much of any reasonable funeral expenses as he may determine, including the cost of transporting the body of the deceased member but only within the area of the British Islands and the Republic of Ireland.
2
The conditions specified in this paragraph are —
a
the death of the member was due to service;
b
the death of the member occurred whilst, in respect of the disablement which gives rise to an award under this Order, he was —
i
receiving free in-patient treatment within the meaning of regulation 2(2) of the Social Security (Hospital In-Patient Regulations) 1975 or of any corresponding enactment having effect in Northern Ireland; or
ii
provided with accommodation and services under section 65 of the National Health Service Act 1977 , section 58 of, or paragraph 14 of Schedule 7A to, the National Health Service (Scotland) Act 1978 or paragraph 14 of Schedule 2 to the National Health Service and Community Care Act 1990 or under any corresponding enactment having effect in Northern Ireland.
Substitution of article 65
9
For article 65 there shall be substituted —
Commencing dates of awards under this Order
65
Schedule 3 has effect with respect to commencing dates of awards under this Order.
.
Amendment of Schedules
10
1
In Schedule 1 (rates of retired pay, pensions, gratuities and allowances) —
a
for the Table in Part II there shall be substituted the Table set out in Schedule 1 to this Order;
b
for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 2 and 3 to this Order; and
c
for Part IV there shall be substituted the Part set out in Schedule 4 to this Order.
2
In Schedule 2 (rates of pensions and allowances in respect of death) —
a
for Tables 1, 2, 3, 4 and 5 of Part II there shall be substituted the Tables set out in Schedule 5 to this Order;
b
for Part III there shall be substituted the Part set out in Schedule 6 to this Order.
3
For Schedule 3 (commencing dates of awards of pensions) there shall be substituted the Schedule set out in Schedule 7 to this Order.
Revocations
11
1
Article 65ZA (commencing date of award of widow’s pension where section 168 of the Pensions Act 1995 applies) is hereby revoked.
2
Article 10 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment (No.3) Order 1996 (which inserted article 65ZA) is also revoked.
N.H. Nicholls
Clerk of the Privy Council