text:
PART I
General
Citation, commencement and interpretation
1
1
This Order, which supersedes the Land Registration Fees Order 1997 , may be cited as the Land Registration Fees (No. 2) Order 1997 and shall come into force on 1st October 1997.
2
In this Order unless the context otherwise requires:
“account holder” means a person or firm holding a credit account;
“ the Act ” means the Land Registration Act 1925;
“charge” includes a sub-charge;
“credit account” means an account authorised by the Registrar under article 18(2);
“Index Map section” has the same meaning as in the Land Registration (Open Register) Rules 1991 ;
“licensed conveyancer” has the same meaning as in section 11(2) of the Administration of Justice Act 1985 and includes a recognised body within the meaning of section 32(2) of that Act;
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage);
“the principal rules” means the Land Registration Rules 1925 ;
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2;
“scale fee application” means an application which attracts a scale fee, or which would attract such a fee but for the operation of article 6;
“Schedule” means a Schedule to this Order;
“share in registered land” means a share in the proceeds of sale of registered land held on trust for sale.
PART II
Scale fees
Applications for first registration
2
1
Subject to article 6 (large scale applications, etc. ), the fee for an application for first registration (other than an application for first registration of title to a lease by an original lessee or his personal representative or an application for first registration of a rentcharge) shall be paid in accordance with Scale 1 in Schedule 1 on the value of the land comprised in the application determined in accordance with article 7.
2
Subject to paragraphs (3) and (4), and to article 6 (large scale applications, etc.), the fee for an application for the first registration of title to a lease (whether or not deriving from a registered freehold or leasehold title) by the original lessee or his personal representative shall be paid in accordance with Scale 1 in Schedule 1 on an amount calculated in accordance with the following formula:
A= P + ( 10 × R )
Where A is the amount on which the fee is to be paid, P is the amount or value of any monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise, and R is the largest ascertainable amount of annual rent reserved by the lease.
3
Where, in an application to which paragraph (2) applies, no monetary consideration is given by the lessee as part of the same transaction by way of fine, premium or otherwise and:
a
no annual rent is reserved; or
b
the annual rent reserved cannot be ascertained at the time the application is made, a fee shall be paid in accordance with Scale 1 in Schedule 1 on the value of the lease determined in accordance with article 7, subject to the minimum fee being £40.
4
Where, in an application to which paragraph (2) applies, the monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise consists of or includes the surrender of a registered lease of substantially the same premises as are comprised in the lease to be registered, the formula referred to in paragraph (2) shall apply for the purpose of calculating the amount on which the fee is to be paid as if P did not include the value of the surrendered lease.
Transfers of registered land for monetary consideration, etc
3
1
Subject to paragraphs (2) to (5), and to article 4(1)(h) (transfer of matrimonial home pursuant to an order of the Court) and article 6 (large scale applications, etc.), the fee for an application for the registration of:
a
a transfer of registered land for monetary consideration;
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in registered land;
c
a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), other than a surrender to which paragraph (4) of Schedule 4 applies;
shall be paid in accordance with Scale 1 in Schedule 1 on the amount or value of the consideration.
2
Where a sale and sub-sale of land are effected by separate instruments of transfer, a separate fee shall be payable in respect of each transfer.
3
Where a single instrument of transfer gives effect to a sale and a sub-sale of the same land a single fee shall be assessed upon the greater of the monetary consideration given by the purchaser or the monetary consideration given by the sub-purchaser in respect of that land.
4
Where a single instrument of transfer gives effect to a sale, and a sub-sale of part only of the land comprised in the sale, the fee payable shall be the aggregate of:
a
a fee assessed upon the monetary consideration given by the sub-purchaser in respect of the land comprised in the sub-sale; and
b
a fee assessed upon the amount (if any) by which the monetary consideration given by the purchaser in respect of the land comprised in the sale exceeds the monetary consideration given by the sub-purchaser in respect of the land comprised in the sub-sale.
5
Where an instrument gives effect to an exchange of registered land (“the first land”) for other registered land (“the second land”), whether or not money is paid by way of equality, it shall be treated for the purpose of assessing the fee payable for its registration as two separate transfers, being a transfer of the first land for monetary consideration equal to the value of the first land and a transfer of the second land for monetary consideration equal to the value of the second land.
6
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale 1 in Schedule 1 on the value thereof immediately prior to its determination.
Transfers otherwise than for monetary consideration, etc.
4
1
Subject to paragraphs (2) and (3), to article 6 (large scale applications, etc.) and to paragraph (8) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of:
a
a transfer of registered land otherwise than for monetary consideration;
b
a surrender of a registered lease otherwise than for monetary consideration (whether effected by deed or otherwise);
c
a transmission of registered land on death or bankruptcy;
d
an assent of registered land (including a vesting assent);
e
an appropriation of registered land;
f
a vesting order or declaration made under section 47 of the Act;
g
a rectification of the register;
h
a transfer of a matrimonial home (being registered land) made pursuant to an order of the Court;
shall be paid in accordance with Scale 2 in Schedule 2 on the value of the land which is the subject of the dealing, determined in accordance with article 8, but after deducting therefrom the amount secured upon the land by any charge subject to which the registration takes effect.
2
Where a transfer falling within paragraph (1)(a) is one for the purpose of giving effect to the disposition of a share in registered land the fee for an application for its registration shall be paid in accordance with Scale 2 in Schedule 2 on the value of that share.
3
Where, in the case of rectification of the register, the fee appears to the Registrar to be unreasonable or excessive he may reduce or waive it.
Charges of registered land
5
1
Subject to paragraphs (5) and (6), and to article 6 (large scale applications, etc.), the fee for an application for the registration of a charge shall be paid in accordance with Scale 2 in Schedule 2 on the amount of the charge determined in accordance with article 9.
2
Subject to article 6 (large scale applications, etc.), the fee for an application for the registration of:
a
the transfer of a charge for monetary consideration; or
b
a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in a registered charge;
shall be paid in accordance with Scale 2 in Schedule 2 on the amount or value of the consideration.
3
Subject to article 6 (large scale applications, etc.) and to paragraph (8) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration shall be paid in accordance with Scale 2 in Schedule 2 on the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, the aggregate of the amounts secured by the registered charges at the time of the transfer.
4
Subject to article 6 (large scale applications, etc.) and to paragraph (8) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in a registered charge shall be paid in accordance with Scale 2 in Schedule 2 on a proportionate part of the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, a proportionate part of the aggregate of the amounts secured by the registered charges at the time of the transfer.
5
Subject to paragraph (6), where a scale fee application (“the primary application”) is made that will, when completed, result in a person (“the applicant”) becoming registered as the proprietor of particular registered land or of one or more registered charges, no fee shall be payable for the registration of a charge by the applicant (or, where the primary application is for the first registration of title to land, by a predecessor in title of the applicant) which charges the registered land or the registered charge or charges which are the subject of the primary application, provided the charge by the applicant either accompanies the primary application or is lodged for registration before the primary application is completed.
6
Where a charge by an applicant referred to in paragraph (5) also charges property (“the additional property”) which comprises registered land or, as the case may be, one or more registered charges, not being property which is the subject of the primary application referred to in paragraph (5), that paragraph shall not extend to the additional property so that a fee shall be paid in accordance with Scale 2 in Schedule 2 for the registration of the charge by the applicant in respect of the additional property on an amount calculated in accordance with the following formula:
A= V A × C V C
where A is the amount on which the fee is payable, V|infer|A is the value or amount of the additional property, V|infer|C is the value of all the property comprised in the charge and C is the amount of the charge determined in accordance with article 9.
Large scale applications, etc.
6
1
In this article:
a
“large area application” means an application falling within article 2 (first registration of land; first registration of title to a lease) which comprises land having an area or aggregate area exceeding 100 hectares;
b
“large scale application” means a scale fee application which relates to not fewer than 20 land units, other than–
i
a large area application;
ii
a low value application; or
iii
an application to register a charge to which article 5(5) applies, except to the extent that it relates to additional land within the meaning of article 5(6);
c
“low value application” means a scale fee application, other than an application falling within article 2 (applications for first registration), where the value of the land, or the amount of the charge, to which it relates (as the case may be) does not exceed £30,000.
d
“land unit” means:
i
where the land is unregistered, a separate area of land not adjoining any other unregistered land comprised in the same application;
ii
where the land is registered, the land registered under a single title number.
2
The fee for a large scale application shall be whichever is the greater of:
a
the amount payable in respect of the application under article 2, 3, 4 or 5, as the case may be; or
b
a fee calculated on the following basis —
i
where the application relates to not more than 500 land units, £10 for each land unit to which it relates;
ii
where the application relates to more than 500 land units, £5,000 plus £5 for each land unit to which it relates in excess of 500 land units,
provided that the fee shall in no case exceed £40,000.
3
If, having regard to the extent of the land comprised in a large area application, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed the scale fee otherwise payable, such additional fee shall be payable as the Registrar shall direct as appropriate not exceeding the excess cost of the work involved.
PART III
Valuation
Valuation (first registration)
7
1
In the case of an application to which article 2(1) applies (first registration of title to land otherwise than by the original grantee under a lease or his personal representatives) made within one year of a sale (other than an exchange, whether or not money is paid for equality, or the sale of a share only in the proceeds of sale of such land) the value of the land shall be taken to be the amount of the monetary consideration given together with the amount outstanding at the time of the purchase under any charge or mortgage subject to which the land was purchased.
2
In the case of an application:
a
to which article 2(1) applies, other than one falling within paragraph (1); or
b
to which article 2(3) applies,
the value of the land or lease (as the case may be) shall be ascertained by the Registrar at such sum as in his opinion it would fetch if sold in the open market at the date of the application free from any charge or mortgage.
3
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
4
Where an application for first registration is made on the purchase of a leasehold estate by the reversioner or of a reversion by the leaseholder or on any other like occasion and determination of an unregistered interest, by way of merger, surrender or otherwise, take place, the value of the land shall be the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) to (3).
Valuation (registered land)
8
1
Where the value of the land in a registered title falls to be determined under this Order it shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market free from any charge or mortgage:
a
in the case of a surrender at a date immediately prior to the surrender;
b
in any other case at the date of the application.
2
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
Valuation (charges)
9
1
Subject to paragraph (5), where the amount of a charge falls to be determined under this Order it shall be taken to be:
a
in the case of a charge to secure a fixed amount, the amount secured by the charge;
b
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in any way limited, the amount so limited;
c
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in no way limited, an amount equal to the value of the registered land comprised in the charge after deducting therefrom the amount secured on it by any prior registered charge.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on registered land, the fee in accordance with article 5 shall be payable on an amount calculated in accordance with the following formula:
A= V R × C V C
where A is the amount on which the fee is payable, V|infer|R is the value of the registered land, V|infer|C is the value of all the property comprised in the charge, and C is the amount of the charge determined in accordance with paragraph (1).
3
The fee for the registration of a charge by way of additional or substituted security or by way of guarantee shall be payable on the lesser of:
a
the amount secured or guaranteed; or
b
the value of the land after deducting the amount secured on the land by any prior registered charge.
4
Subject to paragraph (5), the fee for the registration of a charge to secure an obligation or liability which is contingent upon the happening of a future event (not being a charge falling within paragraph (3)) shall be payable on the value of the land after deducting the amount secured on the land by any prior registered charge.
5
If in relation to a charge to which paragraph (4) applies, the maximum amount or value of the obligation or liability which may arise is in any way limited under the charge and is capable of being ascertained at the time of the application to register the charge then the fee shall be payable on that amount or value, if less than the value of the land after deducting the amount secured on the land by any prior registered charge.
6
For the purpose of this Order, where two or more charges are contained in the same instrument and secure the same debt, the instrument shall be treated as creating a single charge by the chargor (or where there is more than one chargor, a single separate charge by each of the chargors) the amount of the charge (or the charge by each chargor) being equal to the lesser of:
a
the whole debt; or
b
the value of the registered land charged by that chargor after deducting therefrom the amount secured on it by any prior registered charge.
PART IV
Fixed Fees and Exemptions
Fixed fees
10
1
Subject to paragraphs (3) and (4), the fees for the applications and services specified in Schedule 3 shall be those set out in that schedule.
2
The fee for an application in Form 112A, Form 112B or Form 112C in Schedule 1 to the Land Registration (Open Register) Rules 1991 shall be the aggregate of the fees payable for the services provided, save that the maximum fee for any one application shall be £200.
3
The Registrar may, if he thinks fit, waive any fee or part of a fee or any category of fee payable under this article.
4
If, having regard to the extent of the land to which an application for a search of the Index Map relates, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed any fee otherwise payable under this Order, such additional fee shall be payable as the Registrar shall direct as appropriate to cover the excess cost of the work involved.
5
Notification of the additional fee shall be given to the applicant and, if he then elects to withdraw his application, no fee shall be payable.
Exemptions
11
No fee shall be payable in respect of any of the applications and services specified in Schedule 4.
PART V
General and Administrative Provisions
Refund of fees
12
1
Where an amount exceeding the prescribed fee has been paid, there shall be refunded any excess remaining after the deduction, if the Registrar so directs, of an amount not exceeding £10 in respect of the cost of repayment.
2
Where the person or firm lodging the application is an account holder, any amount to be refunded under paragraph (1) may at the discretion of the Registrar be repaid to the account holder by crediting the amount to the account holder’s credit account.
3
Subject to article 10(5), if any application is cancelled or withdrawn no part of the fee therefor shall be refunded unless the Registrar so directs.
Cost of advertisements and special enquiries
13
If in the course of dealing with any application the Registrar directs publication of an advertisement or any other special enquiry, the costs so incurred shall be defrayed by the applicant unless the Registrar directs to the contrary.
Fixed boundaries
14
Where application is made for the boundaries of land to be noted on the register as fixed under rule 277 of the principal rules such fee shall be charged as the Registrar may consider necessary to cover the cost of any examination of title, enquiries, mapping, surveying, notices or other work involved.
Special expedition
15
Where application for special expedition in connection with an application is granted, such further fee, being not less than £40, shall be payable as the Registrar shall direct having regard to the special work involved.
Applications not otherwise referred to
16
Upon an application for which no other fee is payable under this Order and which is not exempt from payment, there shall be paid such fee (if any) not exceeding a fee in accordance with Scale 1 in Schedule 1 on the value of the land or on the amount of the charge as the Registrar shall direct having regard to the work involved.
Method of payment
17
Fees payable under this Order shall be collected in money and, subject to article 18:
a
every fee shall, except where the Registrar otherwise permits, be paid by means of a cheque or postal order crossed and made payable to H. M. Land Registry;
b
where the amount of the fee payable on an application is immediately ascertainable, the fee shall be payable on delivery of the application;
c
where the amount of the fee payable on an application is not immediately ascertainable, on delivery of the application there shall be paid on account of the fee such sum, being not less than the minimum fee payable in accordance with Scale 1 in Schedule 1, as the applicant may reasonably estimate to be the fee payable and there shall be lodged therewith an undertaking to pay on demand the balance of the fee due, if any.
Credit accounts
18
1
In this article “credit limit” in relation to a credit account authorised for use under paragraph (2) means the maximum amount (if any) which is to be due on the account at any time, as notified by the Registrar to the account holder from time to time, by such means of communication as the Registrar considers appropriate.
2
Any person or firm may, if authorised by the Registrar, use a credit account in accordance with this article for the purpose of the payment of fees for applications and services of such kind as the Registrar shall from time to time direct.
3
For the purpose of enabling the Registrar to consider whether or not a person or firm seeking to use a credit account may be authorised to use such an account, that person or firm shall furnish to the Registrar such information and evidence as the Registrar may require to satisfy him of the person or firm’s fitness to hold a credit account and the ability of the person or firm to pay any amounts which may become due from time to time under a credit account, if authorised.
4
For the purpose of enabling the Registrar to consider from time to time whether or not an account holder may continue to be authorised to use a credit account, the account holder shall furnish to the Registrar from time to time, when requested to do so by the Registrar, such information and evidence as the Registrar may require to satisfy him of the account holder’s continuing fitness to hold a credit account and the continuing ability of the account holder to pay any amounts which may become due from time to time under the account holder’s credit account.
5
Where an account holder makes an application in respect of which credit facilities are available, he may make a request, in such manner as the Registrar shall direct, for the appropriate fee to be debited to the account holder’s credit account, but the Registrar shall not be required to accept such a request where the amount due on the account exceeds the credit limit applicable to the credit account, or would exceed it if the request were to be accepted.
6
Where a person or firm having a credit account makes an application in respect of which credit facilities are available but which is not accompanied by any fee and does not contain a request for the fee to be debited to such account, the Registrar may debit the fee to that person’s or that firm’s credit account.
7
A statement of account shall be sent by the Registrar to each account holder at the end of each calendar month or such other period as the Registrar shall direct either in any particular case or generally.
8
On receipt of the statement the account holder shall pay by cheque any sum due on his credit account forthwith.
9
Cheques shall be crossed and made payable to H. M. Land Registry and sent to the Accounts Section, H. M. Land Registry, Burrington Way, Plymouth, PL5 3LP or at such other address as the Registrar shall direct.
10
The Registrar may at any time and without giving reasons terminate or suspend any or all authorizations given under paragraph (2).
Irvine of Lairg, C.
Dated 10th July 1997
Jim Dowd
Graham Allen
Two of the Lord Commissioners of Her Majesty’s Treasury
Dated 15th July 1997


type: legislation

jurisdiction: UK

text:
1
1
These Regulations may be cited as the Child Support Commissioners (Procedure) (Amendment) Regulations 1997 and shall come into force on 14th April 1997.
2
In these Regulations a regulation referred to by number means the regulation so numbered in the Child Support Commissioners (Procedure) Regulations 1992 .
2
After regulation 1(3), there shall be inserted the following paragraph: —
4
In these Regulations, for the purposes of any proceedings relating to an application for a departure direction which has been decided by an appeal tribunal under section 28D(1)(b) of the Act, the term ‘party to the proceedings’ shall include the Secretary of State.
.
3
Regulation 3(1) shall be amended by substituting, for the words “tribunal at the Central Office of Child Support Appeal Tribunals” the words “appeal tribunal”.
4
Regulation 3(4) shall be amended by substituting, for the words “a child support officer he”, the words “a child support officer or by the Secretary of State under section 24(1A) of the Act, the child support officer or the Secretary of State, as the case may be,”.
5
At the beginning of regulation 9, there shall be inserted the words “Except where he is already a party to the proceedings by virtue of regulation 1(4) or of regulation 1 of the Child Support Appeal Tribunals (Procedure) Regulations 1992 ,”.
6
For regulation 22, there shall be substituted the following regulation: —
Confidentiality
22
1
No information such as is mentioned in paragraph (2), and which has been provided for the purposes of any proceedings to which these Regulations apply, shall be disclosed if, before the expiry of the period of 21 days specified in paragraph (3), written notification has been received from the person to whom the information relates that he does not consent to such disclosure.
2
The information referred to in paragraph (1) is —
a
the address of the person referred to in that paragraph; and
b
any other information the use of which could reasonably be expected to lead to that person being located.
3
Except where the proceedings relate to an application for leave to appeal to a Commissioner or to an appeal in either case made under section 46(7) of the Act (Failure to comply with obligations imposed by section 6) or regulation 42(9) of the Child Support (Maintenance Assessment Procedure) Regulations 1992 (Review of a reduced benefit direction), the Office of the Commissioner shall notify the person to whom the information referred to in paragraphs (1) and (2) relates of the provisions of those paragraphs and that disclosure of that information may be made unless the written notification specified in paragraph (1) is received before the expiry of the period of 21 days beginning with the date the notification by the Office of the Commissioner was given or sent to that person.
.
Mackay of Clashfern , C.
Dated 12th March 1997


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) Order 1997 and shall come into force on 19th February 1997.
Designation of public bodies
2
Each of the following, being a person appearing to the Secretary of State to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England and Wales:
Huddersfield Pride Limited
Routes to Work (Derby) Limited
Stainforth Development Limited
Sydenham SRB Trust.
Restrictions on agreements which may be entered into
3
Agreements which may be entered into by a body by virtue of this Order shall be restricted to agreements with a local authority for the supply of goods or materials, or the provision of administrative, professional or technical services, by that authority to that body, in connection with financial or other assistance given or to be given to that body by any person for the purposes of the regeneration of any part of that authority’s area.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
14th January 1997
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
17th January 1997


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sole, etc. (Specified Sea Areas) (Prohibition of Fishing) Order 1997 and shall come into force on 14th January 1998.
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
Fishing is prohibited —
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 the species specified in paragraph (2) below, in the sea areas and during the periods also specified in that paragraph.
2
The species, sea areas and periods specified for the purposes of paragraph (1) above are —
a
sole ( Solea solea ) in sea areas ICES Statistical Sub-Areas II and IV during the period beginning with the date of the coming into force of this Order and ending immediately before 22 April 1998; and
b
i
plaice ( Pleuronectes platessa ) in sea areas ICES Statistical Divisions VIIh, j and k;
ii
sole ( Solea solea ) in sea areas ICES Statistical Sub Areas VI , XII and XIV and ICES Statistical Divisions Vb and VIIh, j and k; or
iii
other species in that part of sea areas ICES Statistical Sub-Area IV which lies within Norwegian fishery limits;
during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1998.
3
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.
4
For the purpose of paragraph (2) 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 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.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
22nd December 1997
Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office
19th December 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
18th December 1997
Dubs
Parliamentary Under Secretary of State, for Northern Ireland
17th December 1997


text:
Citation and Commencement
1
This Order may be cited as the Housing (Recovery of Expenses for Section 352 Notices) Order 1997 and shall come into force on 3rd March 1997.
Maximum Charge
2
The amount of the charge made by a local housing authority under section 352A of the Housing Act 1985 shall not exceed £300.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under-Secretary of State,Department of the Environment
3rd February 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under-Secretary of State, Welsh Office
4th February 1997


text:
1
These Regulations may be cited as the Education (Grant) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
2
The Education (Grant) Regulations 1990 shall be amended as follows.
3
After regulation 6 there shall be inserted the following regulation: —
Independent Schools
6A
1
Subject to paragraph (2) the Secretary of State may pay grants to proprietors of —
a
independent schools to whom the Secretary of State has given notice of final registration of the school under section 465(3) of the Education Act 1996; and
b
independent schools the registration of which is provisional, being schools providing education for children with statements of special educational needs with the consent of the Secretary of State under section 347(5)(b) of that Act or with the approval of the local education authority by which the statements are maintained,
in respect of approved expenditure incurred or to be incurred by them for the purposes of or in connection with the provision of education for relevant five year old children during the relevant term.
2
No grant shall be paid under this regulation to the proprietor of any school in Wales unless it is paid in respect of expenditure incurred or to be incurred for the purposes of or in connection with the provision of education for a child who is for the time being resident in England.
3
For the purposes of this regulation —
a
a child is a “relevant five year old child” if his fifth birthday falls before the start of the relevant term;
b
the “relevant term” in relation to any child is the first school term at the school which the child attends, starting after the date which is the relevant date in relation to that child;
c
the “relevant date” in relation to any child is the most recent applicable day before the child’s fifth birthday; and
d
the applicable days are 31st March, 31st August and 31st December in any year.
.
4
In Regulation 18 (Requirements to be observed): —
a
after paragraph (2) there shall be inserted the following paragraph: —
2A
Without prejudice to the generality of paragraph (1), the persons to whom payments of grant are made under regulation 6A shall secure that no child for whom funded education is provided is given corporal punishment by any person employed in, or in connection with, the provision of such education.
.
b
after paragraph (3) there shall be inserted the following paragraphs: —
4
In paragraph (2A) “funded education” means education in respect of which payments of grant are made under regulation 6A.
5
Subject to paragraph (6), the reference in paragraph (2A) to giving corporal punishment is a reference to doing anything for the purposes of punishing the child concerned (whether or not there are also other reasons for doing it) which, apart from any justification, would constitute battery.
6
A person is not to be taken for the purposes of paragraph (2A) as giving corporal punishment by virtue of anything done for reasons that include averting an immediate danger of personal injury to, or an immediate danger to property of, any person (including the child concerned).
.
Robin Squire
Parliamentary Under Secretary of State,
Department of Education and Employment
10th March 1997


text:
Citation
1
This Order may be cited as the Hereford and Worcester Fire Services (Combination Scheme) Order 1997 and shall come into force on the day after the day on which it is made.
Combination Scheme
2
The combination scheme set out in the Schedule to this Order, which shall be known as the Hereford and Worcester Fire Services Combination Scheme, shall have effect.
George Howarth
Parliamentary Under-Secretary of State
Home Office
8th November 1997


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) Regulations 1997 and shall come into force on 1st May 1997.
2
The Value Added Tax Regulations 1995 shall be amended in accordance with these Regulations.
3
Regulation 6(3) shall be amended as follows —
a
the word “and” at the end of sub-paragraph (b) shall be omitted; and
b
after sub-paragraph (c) there shall be added —
,
d
any right of the transferor, whether or not existing at the date of the transfer, to claim a refund under section 36 of the Act shall become the right of the transferee, and
e
any liability of the transferor, whether or not existing at the date of the transfer, to account for an amount under Part XIXA of these Regulations, shall become that of the transferee
.
4
In regulation 29 —
a
in paragraph (1) for the words “Subject to paragraph (2) below” there shall be substituted the words “Subject to paragraphs (1A) and (2) below”; and
b
after paragraph (1) there shall be inserted the following —
1A
The Commissioners shall not allow or direct a person to make any claim for deduction of input tax in terms such that the deduction would fall to be claimed more than 3 years after the date by which the return for the prescribed accounting period in which the VAT became chargeable is required to be made.
.
5
In regulation 34 —
a
at the beginning of paragraph (1) there shall be inserted the words “Subject to paragraph (1A) below,”; and
b
after paragraph (1) there shall be inserted the following —
1A
Subject to paragraph (1B) below, any overstatement or understatement in a return where —
a
a period of 3 years has elapsed since the end of the prescribed accounting period for which the return was made; and
b
the taxable person has not (in relation to that overstatement or understatement) corrected his VAT account in accordance with this regulation before the end of the prescribed accounting period during which that period of 3 years has elapsed,
shall be disregarded for the purposes of this regulation; and in paragraphs (2) to (6) of this regulation “overstatement”, “understatement” and related expressions shall be construed accordingly.
1B
Paragraph (1A) above does not apply where —
a
the overstatement or understatement is discovered in a prescribed accounting period which begins before 1st May 1997; and
b
the return for that prescribed accounting period has not been made, and was not required to have been made, before that date.
.
6
In regulation 38 —
a
at the beginning of paragraph (1) there shall be inserted the words “Subject to paragraph (1A) below,”; and
b
after paragraph (1) there shall be inserted the following —
1A
Subject to paragraph (1B) below, this regulation does not apply to any increase or decrease in consideration which occurs more than 3 years after the end of the prescribed accounting period in which the original supply took place.
1B
Paragraph (1A) above does not apply where —
a
the increase or decrease takes place during a prescribed accounting period beginning before 1st May 1997; and
b
the return for the prescribed accounting period in which effect is given to the increase or decrease in the business records of the taxable person has not been made, and was not required to have been made, before that date.
.
7
In regulation 111 —
a
for paragraph (2) there shall be substituted the following —
2
No VAT may be treated as if it were input tax under paragraph (1) above —
a
in respect of —
i
goods or services which had been supplied, or
ii
save as the Commissioners may otherwise allow, goods which had been consumed,
by the relevant person before the date with effect from which the taxable person was, or was required to be, registered;
b
subject to paragraph (2A) below, in respect of goods which had been supplied to, or imported or acquired by, the relevant person more than 3 years before the date with effect from which the taxable person was, or was required to be, registered;
c
in respect of services performed upon goods to which sub-paragraph (a) or (b) above applies; or
d
in respect of services which had been supplied to the relevant person more than 6 months before the date with effect from which the taxable person was, or was required to be, registered.
;
b
after paragraph (2) there shall be inserted the following —
2A
Paragraph (2)(b) above does not apply where —
a
the taxable person was registered before 1st May 1997; and
b
he did not make any returns before that date.
2B
In paragraph (2) above references to the relevant person are references to —
a
the taxable person; or
b
in the case of paragraph (1)(b) above, the person to whom the supply had been made, or who had imported or acquired the goods, as the case may be.
;
c
at the beginning of paragraph (3) there shall be inserted the words “Subject to paragraphs (3A) and (3B) below,”;
d
in paragraph (3) for the words “the first return the taxable person makes” there shall be substituted “the first return the taxable person is required to make”;
e
after paragraph (3) there shall be inserted the following —
3A
Where the taxable person was registered before 1st May 1997 and has not made any returns before that date paragraph (3) above shall have effect as if for the words “the first return the taxable person is required to make” there were substituted the words “the first return the taxable person makes”.
3B
The Commissioners shall not allow a person to make any claim under paragraph (3) above in terms such that the VAT concerned would fall to be claimed as if it were input tax more than 3 years after the date by which the first return he is required to make is required to be made.
;
f
at the beginning of paragraph (5) there shall be inserted the words “Subject to paragraph (6) below,”; and
g
after paragraph (5) there shall be inserted the following —
6
Subject to paragraph (7) below, no claim under paragraph (5) above may be made more than 3 years after the date on which the supply of services was made.
7
Paragraph (6) above does not apply where —
a
the person ceased to be, or ceased to be required to be, registered before 1st May 1997; and
b
the supply was made before that date.
.
8
In regulation 115 —
a
at the beginning of each of paragraphs (6) and (7) there shall be inserted the words “Subject to paragraph (8) below”; and
b
after paragraph (7) there shall be added the following —
8
The Commissioners shall not allow the taxable person to use a return other than that specified in paragraph (6) above, paragraph (a) or (b) of that paragraph or paragraph (7) above (in each case, “the specified return”), as the case may be, unless it is the return for a prescribed accounting period commencing within 3 years of the end of the prescribed accounting period to which the specified return relates.
.
9
Part XVIII (Regulations 156 to 164) shall be omitted.
10
After regulation 165 there shall be inserted the following regulation —
Time within which a claim must be made
165A
1
Subject to paragraph (3) below, a claim shall be made within the period of 3 years and 6 months following the later of —
a
the date on which the consideration (or part) which has been written off as a bad debt becomes due and payable to or to the order of the person who made the relevant supply; and
b
the date of the supply.
2
A person who is entitled to a refund by virtue of section 36 of the Act, but has not made a claim within the period specified in paragraph (1) shall be regarded for the purposes of this Part as having ceased to be entitled to a refund accordingly.
3
This regulation does not apply insofar as the date mentioned at sub-paragraph (a) or (b) of paragraph (1) above, whichever is the later, falls before 1st May 1997.
.
11
In regulation 166(1), after the words “on his return”, there shall be added the following “for the prescribed accounting period in which he becomes entitled to make the claim or, subject to regulation 165A, any later return”.
12
After regulation 166 there shall be inserted the following regulation —
Notice to purchaser of claim
166A
Where the purchaser is a taxable person the claimant shall not before, but within 7 days from, the day he makes a claim give to the purchaser a notice in writing containing the following information —
a
the date of issue of the notice;
b
the date of the claim;
c
the date and number of any VAT invoice issued in relation to each relevant supply;
d
the amount of the consideration for each relevant supply which the claimant has written off as a bad debt;
e
the amount of the claim.
.
13
Regulation 168(2) shall be amended as follows —
a
the word “and” at the end of sub-paragraph (c) shall be omitted; and
b
after sub-paragraph (d) there shall be added —
, and
e
a copy of the notice required to be given in accordance with regulation 166A
.
14
Regulation 172 shall be amended as follows —
a
for the words “supply in question” in paragraph (1A) there shall be substituted the words “relevant supply”; and
b
for the word “supply” where it first appears in paragraph (2) there shall be substituted the words “relevant supply”.
15
After regulation 172 there shall be inserted the following regulations —
Writing off debts — margin schemes
172A
1
This regulation applies where, by virtue of the claimant’s having exercised an option under an order made under section 50A of the Act, the VAT chargeable on the relevant supply is charged by reference to the profit margin.
2
Where this regulation applies the consideration for the relevant supply which is to be taken to have been written off as a bad debt shall not exceed the relevant amount.
3
For the purposes of paragraph (2) above the relevant amount is —
a
where either —
i
no payment has been received in relation to the relevant supply, or
ii
the total of such payments as have been received does not exceed the non-profit element,
the profit margin; or
b
where the total of such payments as have been received exceeds the non-profit element, the amount (if any) by which the consideration for the relevant supply exceeds that total.
4
In paragraph (3) above —
“non-profit element” means the consideration for the relevant supply less the profit margin.
Writing off debts — tour operators margin scheme
172B
1
This regulation applies where, by virtue of an order under section 53 of the Act, the value of the relevant supply falls to be determined otherwise than in accordance with section 19 of the Act.
2
Where this regulation applies the consideration for the relevant supply which is to be taken to have been written off as a bad debt shall not exceed the relevant amount.
3
For the purposes of paragraph (2) above the relevant amount is —
a
where either —
i
no payment has been received in relation to the relevant supply, or
ii
the total of any such payments as have been received does not exceed the non-profit element,
the profit element; or
b
where the total of such payments as have been received exceeds the non-profit element, the amount (if any) by which the consideration for the relevant supply exceeds that total.
4
In this regulation —
“non-profit element” means the consideration for the relevant supply less the profit element;
“profit element” means the sum of —
the value of the relevant supply; and
the VAT chargeable on the relevant supply.
.
16
Immediately after Part XIX there shall be inserted the following —
PART XIXA
REPAYMENT OF INPUT TAX WHERE CLAIM MADE UNDER PART XIX
Interpretation of Part XIXA
172C
Any expression used in this Part to which a meaning is given in Part XIX of these Regulations shall, unless the contrary intention appears, have the same meaning in this Part as it has in that Part.
Repayment of input tax
172D
1
Where —
a
a claim has been made; and
b
the purchaser has claimed deduction of the whole or part of the VAT on the relevant supply as input tax (“the deduction”),
the purchaser shall make an entry in his VAT account in accordance with paragraphs (2) and (3) below.
2
The purchaser shall make a negative entry in the VAT allowable portion of that part of his VAT account which relates to the prescribed accounting period of his in which the claim has been made.
3
The amount of the negative entry referred to in paragraph (2) above shall be such amount as is found by multiplying the amount of the deduction by a fraction of which the numerator is the amount of the claim and the denominator is the total VAT chargeable on the relevant supply.
4
None of the circumstances to which this regulation applies is to be regarded as giving rise to any application of regulations 34 and 35.
Restoration of an entitlement to credit for input tax
172E
1
Where —
a
the purchaser has made an entry in his VAT account in accordance with regulation 172D (“the input tax repayment”);
b
he has made the return for the prescribed accounting period concerned, and has paid any VAT payable by him in respect of that period; and
c
the claimant has made a repayment in accordance with regulation 171 in relation to the claim concerned,
the purchaser shall make an entry in his VAT account in accordance with paragraphs (2) and (3) below.
2
The purchaser shall make a positive entry in the VAT allowable portion of that part of his VAT account which relates to the prescribed accounting period of his in which the repayment has been made.
3
The amount of the positive entry referred to in paragraph (2) above shall be such amount as is found by multiplying the amount of the input tax repayment by a fraction of which the numerator is the amount repaid by the claimant and the denominator is the total amount of the claim.
4
None of the circumstances to which this regulation applies is to be regarded as giving rise to any application of regulations 34 and 35.
.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
25th March 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Greenwich Healthcare National Health Service Trust (Transfer of Trust Property) Order 1997, and shall come into force on 12th February 1997.
2
In this Order —
“the Authority” means the Bexley and Greenwich Health Authority established on 1st April 1996 ;
“the old Authority” means the Bexley and Greenwich Health Authority established on 1st April 1994 and abolished on 1st April 1996 ;
“the Trust” means the Greenwich Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 30th June 1995, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 12th February 1997 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
15th January 1997


text:
1
This Order may be cited as the Criminal Appeal Act 1995 (Commencement No. 4 and Transitional Provisions) Order 1997.
2
In this Order —
“the 1968 Act ” means the Criminal Appeal Act 1968 ,
“the 1980 Act ” means the Criminal Appeal (Northern Ireland) Act 1980 ,
“the 1995 Act ” means the Criminal Appeal Act 1995.
3
Subject to article 4 below, the following provisions of the 1995 Act shall come into force on 31st March 1997 —
a
sections 3 and 5;
b
section 7, to the extent not already in force;
c
sections 9 to 25;
d
section 29 insofar as, to bring provisions in Schedules 2 and 3 into force, it is not already in force;
e
Schedule 2, to the extent not already in force; and
f
Schedule 3, to the extent not already in force.
4
1
In relation to the exercise before 31st March 1997 of the power to make a reference in respect of any person to the Court of Appeal under section 17 of the 1968 Act or section 14 of the 1980 Act, paragraph 7 of Schedule 3 to the Parliamentary Commissioner Act 1967 shall continue to have effect as if this Order had not been made.
2
In relation to a reference made by the Secretary of State under section 17(1)(b) of the 1968 Act or section 14(1)(b) of the 1980 Act in which the opinion of the Court of Appeal on the point referred has not been furnished when the repeal of that section takes effect, section 14(3) of the 1995 Act shall apply as if the reference had been made by the Commission under the said section 14(3).
3
In relation to a reference made under section 17 of the 1968 Act or section 14 of the 1980 Act before 31st March 1997, section 133 of the Criminal Justice Act 1988 shall continue to have effect as if this Order had not been made.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
17th February 1997


text:
Citation and commencement
1
These Regulations may be cited as the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
Amendment of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991
2
1
The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991 shall be amended as follows.
2
In regulation 2, for the definition of “relevant substance”, the following definitions shall be substituted —
“relevant substance” means slurry, fuel oil, a crop being made into silage or silage which is being stored;
“silage effluent” means effluent from silage or a crop being made into silage;
“silo” means any structure used for making or storing silage;
.
3
In regulation 3 —
a
in paragraph (1)–
i
for the words “Subject to regulation 7 below,” there shall be substituted the words “Subject to paragraph (1A) below,”;
ii
after the words “any crop which is being made into silage” there shall be inserted the words “or any silage which is being stored”;
iii
in sub-paragraph (a), at the beginning, there shall be inserted the words “subject to paragraph (1B) below,”;
iv
in sub-paragraph (b) for the words “inland or coastal waters” there shall be substituted the words “inland freshwaters or coastal waters”;
v
at the end of sub-paragraph (b), the following shall be added —
;or
c
it is a crop being made into field silage or silage which is being stored on open land and —
i
the Agency is given notice of the place where the silage is to be made or stored at least 14 days before it is first used for that purpose; and
ii
the place is at least 10 metres from any inland freshwaters or coastal waters, and at least the specified distance from any protected water supply source , which silage effluent could enter if it escaped.
;
b
after paragraph (1), the following paragraphs shall be added —
1A
Paragraph (1) above shall not apply to silage whilst it is stored temporarily in a container, trailer or vehicle in connection with its transport about the farm or elsewhere.
1B
The Agency may by notice relax the requirements of paragraph (1)(a) above subject to such conditions (if any) as are specified in the notice where a silo is used solely for the purpose of storing silage made elsewhere if it is satisfied that there is no significant risk of pollution of controlled waters from that use of the silo.
1C
A water supply source is a protected water supply source if —
a
any relevant abstraction from the source is licensed under Part II of the Water Resources Act 1991; or
b
any relevant abstraction from the source is not so licensed but the person making or storing the silage was aware of the source’s location before the making of the silage began or, in the case of silage made elsewhere, before it was stored on the land in question.
1D
The specified distance in relation to a protected water supply source is 50 metres from the nearest relevant abstraction point.
;
c
in paragraph (2) for the words “inland or coastal waters” there shall be substituted the words “inland freshwaters or coastal waters”;
d
at the end of paragraph (2), the following paragraph shall be added —
3
In this regulation —
“field silage” means silage made on open land by a method which is different from that described in paragraph (1)(b) above;
“relevant abstraction” means the abstraction of water from inland freshwaters or ground waters for use for —
human consumption or other domestic purposes within the meaning of section 218 of the Water Industry Act 1991 ; or
for manufacturing food or drink for human consumption;
“water supply source” means inland freshwaters or ground waters from which any relevant abstraction is made or licensed to be made.
4
Regulations 7 and 8(2) shall be omitted; but regulation 3 shall apply in relation to the making of field silage or storage of any silage at any place where silage was made in reliance on the exemption in regulation 7 as if the Agency had been given notice in accordance with regulation 3(1)(c)(i).
5
In regulation 8(3) for the words “paragraphs (1) and (2)” there shall be substituted “paragraph (1)”.
6
The following paragraph shall be substituted for regulation 9(1) —
1
The Agency may serve notice on any person, who has custody or control of any relevant substance in circumstances in which these Regulations apply, requiring him to carry out such works, take such precautions or such other steps as are specified in the notice and which, in the opinion of the Agency, are appropriate, having regard to any requirements of these Regulations in relation to that substance, for reducing to a minimum any significant risk of pollution of controlled waters arising from the custody or control of that substance.
7
In regulation 10(5) for the words “by a period equal to the period beginning with the date on which notice of appeal is served and ending” there shall be, substituted the words “so that it expires”.
8
In paragraph 6 of Schedule 1 for the words “inland or coastal waters” there shall be substituted the words “inland freshwaters or coastal waters”.
9
In Schedule 2 —
a
at the end of paragraph 5(1), there shall be added the words “or such smaller capacity as the Agency may agree in writing is adequate to avoid any significant risk of pollution of controlled waters”; and
b
in paragraph 7 for the words “inland or coastal waters” there shall be substituted the words “inland freshwaters or coastal waters” and at the end of that paragraph, there shall be added the words “unless such precautions are taken as the Agency may agree in writing are adequate to avoid any significant risk of pollution of controlled waters”.
10
In paragraph 7 of Schedule 3 for the words “inland or coastal waters” there shall be substituted the words “inland freshwaters or coastal waters”.
Signed by authority of the Secretary of State for the Environment
Robert Jones
Minister of State,
Department of the Environment
25th February 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under-Secretary of State, Welsh Office
27th February 1997


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Sweeteners in Food (Amendment) Regulations 1997 and shall come into force on 14th April 1997.
2
In these Regulations “the principal Regulations ” means the Sweeteners in Food Regulations 1995 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended as follows —
a
in paragraph (1) of regulation 2 (interpretation) —
i
in the definition of “Directive 94/35/ EC ” after the word “foodstuffs” there shall be inserted the words “, as amended by Directive 96/83/EC of the European Parliament and of the Council ”;
ii
after the definition of “permitted sweetener” there shall be inserted the following —
“relevant compound foods” means compound foods with no added sugar or energy-re duced, compound dietary foods intended for a low-calorie diet and compound foods with a long shelf life;
;
b
in regulation 3 (sale and use of sweeteners) —
i
in paragraphs (2) and (3) the words “and regulation 5A” shall be inserted after the word “below”; and
ii
in paragraph (4) after the word “uses” there shall be inserted the words “(including any food for infants and young children not in good health)”;
c
at the beginning of regulation 5 (sale of food containing sweeteners) the words “Subject to regulation 5A,” shall be inserted;
d
after regulation 5 there shall be inserted the following —
Compound foods
5A
1
Where a permitted sweetener is present in or on a relevant compound food and that relevant compound food contains, as an ingredient, a food in or on which that sweetener was or could have been used without contravening any of the provisions of paragraph (2) or (3) of regulation 3, that sweetener shall, for the purposes of those paragraphs and regulation 5, be deemed to have been used in or on that relevant compound food without contravening any of the provisions of those paragraphs.
2
The use in or on a food of any permitted sweetener shall not constitute a contravention of paragraph (2) or (3) of regulation 3 if that food is destined to be used solely in the preparation of a compound food which complies with those paragraphs and sale of the food in or on which the permitted sweetener was used shall not constitute a contravention of regulation 5.
;
e
in regulation 11 (transitional provision and exemption) —
i
after paragraph (1) there shall be inserted the following —
1A
In any proceedings for an offence under these Regulations which allege a contravention of regulation 3(1), 4 or 5 it shall be a defence to prove that —
a
the act —
i
was committed before 19th June 1998, or
ii
was that of selling a sweetener or food which, in either case, was put on the market or labelled before 19th June 1998; and
b
the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by the Sweeteners in Food (Amendment) Regulations 1997 had not been made when the act was committed or, as the case may be, the food was put on the market or labelled.
;
ii
for paragraph (2) there shall be substituted the following —
2
These Regulations shall not apply in respect of any sweetener or, as the case may be, food which is brought into Great Britain having been lawfully put on the market or labelled in another member State before 30th June 1996.
; and
iii
paragraph (3) shall be deleted; and
f
the contents of the Schedule to these Regulations shall be substituted for Schedule 1.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th March 1997
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
13th March 1997
Signed by authority of the Secretary of State for Wales:
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
12th March 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
13th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 1997 and shall come into force on 18th March 1997.
Amendment of Demand Notices regulations
2
The Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 1993 are amended as provided below.
Statement of amount of council tax in respect of earlier years
3
In paragraph 13(a) (statement of amount of council tax) of Schedule 1, after the words ‘and a financial year’ there is added ‘or years’.
Council Tax (Transitional Reduction) Scheme
4
In paragraph 16 (matters to be included in explanatory notes) of Schedule 1, in sub-paragraph (b), the words from ‘or the Council Tax’ to the end of paragraph (iii) are omitted.
Non-domestic rating: calculation of chargeable amounts
5
In paragraph 5 (applicable days for different chargeable amounts) of Schedule 2, sub-paragraph (b) is omitted.
Non-domestic rating: information about relief for small hereditaments
6
1
Subject to paragraph (2) below, on the explanatory notes in paragraph 6 of Part I of, and paragraph 3 of Part II of, Schedule 2, after the paragraph headed ‘Transitional Arrangements’ the following paragraph is inserted —
Relief for small non-domestic properties
Where the transitional arrangements do not apply, non-domestic properties outside Greater London whose rateable value shown in the local rating list is less than £10,000, and those within Greater London whose rateable value shown in the local rating list is less than £15,000, will, subject to any changes in the circumstances of the property, have their rate bills for 1997/8 frozen at the same level as for 1996/7. In 1998/9 and 1999/2000 their rate bills will, also subject to any such changes, be lower by approximately 2 per cent than they would have been if calculated by reference to the National Non-Domestic Rating Multiplier for each year.
2
Nothing in these Regulations requires the paragraph inserted by paragraph (1) above to be included in any notice served in respect of any amount payable in respect of any day before 1st April 1997.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
18th February 1997


text:
Citation and commencement
1
These Regulations may be cited as the Waste Management Licensing (Amendment) Regulations 1997 and shall come into force on 9th October 1997.
Technical Competence
2
For Table 1 in regulation 4 of the Waste Management Licensing Regulations 1994 , there shall be substituted:
Table 1
Type of facility Relevant certificate of technical competence
Note: The certificates shown in italics will cease to be awarded on 9th October 1997.
A landfill site which receives special waste. Managing landfill operations: special waste (level 4). A landfill site which receives biodegradable waste or which for some other reason requires substantial engineering works to protect the environment but which in either case does not receive special waste.
1
Managing landfill operations: biodegradable waste (level 4); or
2
Managing landfill operations: special waste (level 4).
Any other type of landfill site with a total capacity exceeding 50,000 cubic metres.
1
Landfill operations: inert waste (level 3); or
2
Managing landfill operations: biodegradable waste (level 4); or
3
Managing landfill operations: special waste (level 4).
A site on which waste is burned in an incinerator designed to incinerate waste at a rate of more than 50 kilograms per hour but less than 1 tonne per hour. Managing incinerator operations: special waste (level 4). A waste treatment plant where clinical or special waste is subjected to a chemical or physical process.
1
Managing treatment operations: clinical or special waste (level 4); or
2
Managing treatment operations: special waste (level 4) (see note).
A waste treatment plant where biodegradable waste, but no clinical or special waste, is subjected to a chemical or physical process.
1
Managing treatment operations: biodegradable waste (level 4); or
2
Managing treatment operations: clinical or special waste (level 4); or
3
Managing treatment operations: special waste (level 4) (see note).
A waste treatment plant where waste, none of which is biodegradable, clinical or special waste, is subjected to a chemical or physical process.
1
Treatment operations: inert waste (level 3); or
2
Managing treatment operations: biodegradable waste (level 4); or
3
Managing treatment operations: clinical or special waste (level 4); or
4
Managing treatment operations: special waste (level 4) (see note).
A transfer station where —
clinical or special waste is dealt with; and
the total quantity of waste at the station at any time exceeds 5 cubic metres.
1
Managing transfer operations: clinical or special waste (level 4); or
2
Managing transfer operations: special waste (level 4) (see note).
A transfer station where —
biodegradable waste, but no clinical or special waste, is dealt with; and
the total quantity of waste at the station at any time exceeds 5 cubic metres.
1
Managing transfer operations: biodegradable waste (level 4); or
2
Managing transfer operations: clinical or special waste (level 4); or
3
Managing transfer operations: special waste (level 4) (see note).
Any other type of waste transfer station where the total quantity of waste at the station at any time exceeds 50 cubic metres.
1
Transfer operations: inert waste (level 3); or
2
Managing transfer operations: biodegradable waste (level 4); or
3
Managing transfer operations: clinical or special waste (level 4); or
4
Managing transfer operations: special waste (level 4) (see note).
A civic amenity site.
1
Civic amenity site operations (level 3); or
2
Managing transfer operations: biodegradable waste (level 4); or
3
Managing transfer operations: clinical or special waste (level 4); or
4
Managing transfer operations: special waste (level 4) (see note).
Signed by authority of the Secretary of State
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
5th September 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
6th September 1997
Sewel
Parliamentary Under-Secretary of State, Scottish Office
4th September 1997


text:
1
This Order may be cited as the A41 Trunk Road (Camden) (Temporary Prohibition of Traffic) (No. 4) Order 1997, and shall come into force on 6th January 1998.
2
This Order is made because of the Traffic Director for London is satisfied that traffic on the roads, or lengths of road, mentioned in the schedule to this Order should be prohibited because works are being or are proposed to be executed on or near those roads or lengths of road.
3
During the period starting at 00.01 hours on 6th January 1998 for a period of three months, or when those works have been completed, whichever is the sooner, no person shall cause or permit any vehicle to stop at any time in the roads, or lengths of roads, specified in the schedule to this Order.
4
1
The prohibitions specified in article 3 above shall apply only during such times and to such extent as shall from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The prohibitions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purposes, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
5
In so far as, and during such times as, the prohibition specified in article 3 above is in force, the provisions of the A41 Trunk Road (Camden) Red Route Experimental (No. 2) Traffic Order 1997 are hereby suspended so far as they relate to the roads or lengths of roads specified in the schedule to this Order.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
19th December 1997


text:
1
This Order may be cited as the Police Act 1997 (Provisions in relation to the NCIS Service Authority) (No. 1) Order 1997 and shall come into force on 23rd July 1997.
Meetings and proceedings of NCIS Service Authority
2
The provisions of the Schedule to this Order shall have effect with respect to the meetings and proceedings of the NCIS Service Authority and its committees.
Arrangements for Discharge of Functions
3
1
Subject to any express provision in any enactment, the NCIS Service Authority may arrange for the discharge of any of its functions by a committee, a sub-committee or an officer of the Authority.
2
Where by virtue of this article any functions of the NCIS Service Authority may be discharged by a committee, then, unless the Authority otherwise directs, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the Authority and where by virtue of this article any function of the Authority may be discharged by a sub-committee then, unless the Authority or the committee otherwise directs, the sub-committee may arrange for the discharge of those functions by an officer of the Authority.
3
Any arrangements made by the NCIS Service Authority or a committee under this article for the discharge of any functions by a committee, sub-committee, or officer shall not prevent the Authority or committee by whom the arrangements were made from exercising those functions.
4
The NCIS Service Authority’s functions with respect to levying or borrowing money shall be discharged only by the Authority.
5
References in this article and article 4 below to the discharge of any of the functions of the NCIS Service Authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to the discharge of any of those functions.
6
The officers who may discharge the functions of the NCIS Service Authority in pursuance of arrangements under paragraphs (1) and (2) above shall include the Director General, his deputy while performing his duties and any civilian officer employed by the Authority.
7
Where pursuant to arrangements made by virtue of paragraph (6) above —
a
the Director General, or
b
the deputy of the Director General
may discharge functions of the NCIS Service Authority, he may himself arrange for the discharge of any of those functions by a member, including a police member, of the National Criminal Intelligence Service.
Appointment of Committees
4
1
For the purpose of discharging any functions in pursuance of arrangements made under article 3 above —
a
the NCIS Service Authority may appoint a committee of the Authority; or
b
any such committee may appoint one or more sub-committees.
2
Subject to the provisions of this article, the number of members of a committee appointed under paragraph (1) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority shall be fixed by the NCIS Service Authority or, in the case of a sub-committee, by the appointing committee.
3
The NCIS Service Authority may appoint a committee to advise it on any matter relating to the discharge of its functions, and any such committee may appoint one or more sub-committees to advise the committee with respect to any such matter.
4
Any committee or sub-committee appointed under paragraph (1) or (3) above may consist only of members of the appointing Authority and shall be appointed for such term as may be determined by the appointing Authority.
5
Every member of a committee appointed under this article who at the time of his appointment was a member of the NCIS Service Authority shall upon ceasing to be a member of the Authority also cease to be a member of the committee; but for the purposes of this article a member of the Authority shall not be deemed to have ceased to be a member of the Authority by reason of retirement if he has been re-appointed a member thereof not later than the day of his retirement.
Disqualification for Membership of Committee
5
A person who is employed by the NCIS Service Authority shall be disqualified for being a member of a committee (including a sub-committee) of that Authority, whether the committee is appointed under this Order or under any other enactment.
Standing Orders of Committees
6
Standing orders may be made as respects any committee of the NCIS Service Authority by that Authority, whether established under this Order or any other enactment, with respect to the quorum, proceedings and place of meeting of the committee (including any sub-committee) but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Alun Michael
Minister of State
Home Office
25th June 1997


text:
1
This Order may be cited as the Merchant Shipping Act 1995 (Appointed Day No. 2) Order 1997.
2
The day appointed for section 116 of the Merchant Shipping Act 1995 to come into force is 1st February 1998.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under Secretary of State,
Department of Environment, Transport and the Regions
17th December 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Attendance Allowance and Disability Living Allowance) (Miscellaneous Amendments) Regulations 1997 and shall come into force on 25th August 1997.
2
In these Regulations, unless the context otherwise requires —
“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1995 ;
“the Attendance Allowance Regulations ” means the Social Security (Attendance Allowance) Regulations 1991 ;
“the Disability Living Allowance Regulations ” means the Social Security (Disability Living Allowance) Regulations 1991 .
Insertion of new regulations in the Attendance Allowance Regulations
2
After regulation 8B of the Attendance Allowance Regulations (exemption from regulation 8A) there shall be inserted —
Medical examination in prescribed circumstances
8C
1
The prescribed circumstances in which a person who is awarded attendance allowance shall be required to attend for, or submit himself to, a medical examination, are where the Secretary of State is undertaking an investigation under section 30(7A) of the Social Security Administration Act 1992 .
2
An examination under paragraph (1) shall be conducted by a medical practitioner who is —
a
approved by the Secretary of State; or
b
engaged by an organisation approved by the Secretary of State.
Withholding of benefit in prescribed circumstances
8D
1
Subject to paragraph (2), where a person who is receiving attendance allowance is required by the Secretary of State to attend for, or submit to, a medical examination under regulation 8C and fails to comply with that requirement on more than one occasion, that allowance may be witheld, in whole or in part, from a date, not earlier than the second occasion, as the Secretary of State shall determine.
2
Paragraph (1) shall not apply where —
a
a person who is required to attend for, or submit to, a medical examination proves to the satisfaction of the Secretary of State that he has good cause for failing to comply with the requirement to attend for, or submit himself to, medical examination;
b
a person who is required to attend for, or submit to, a medical examination produces such evidence as is acceptable to the Secretary of State in place of a medical examination; or
c
the Secretary of State otherwise has available to him such evidence as is acceptable to him.
3
For the purposes of paragraph (2)(a), the matters which are to be taken into account in determining whether a person has good cause shall include —
a
whether he was outside Great Britain at the relevant time;
b
his state of health at the relevant time; and
c
the nature of any disability from which he suffers.
Payment of withheld benefit
8E
1
Where the Secretary of State is satisfied that no question arises in connection with his investigation referred to in regulation 8C(1), payment of the amount withheld and the attendance allowance shall be made forthwith.
2
Where a question arose in connection with an investigation referred to in regulation 8C(1) in respect of which —
a
the Secretary of State made an application for the review of a person’s entitlement to attendance allowance under section 30 of the Social Security Administration Act 1992 ; and
b
an adjudication officer has made a determination;
payment of the attendance allowance shall be made in accordance with the adjudication officer’s determination, on review, of the person’s entitlement.
3
Where paragraph (1) or (2) does not apply and attendance allowance is withheld under regulation 8D for a period of more than 3 months, the Secretary of State shall —
a
make, with a view to review, an application to the adjudication officer on the ground that the person failed to attend for, or submit himself to, medical examination; and
b
make such payments as are determined, on review, by the adjudication officer.
.
Insertion of new regulations in the Disability Living Allowance Regulations
3
After Regulation 5 of the Disability Living Allowance Regulations (late claim by a person previously entitled) there shall be inserted —
Medical examination in prescribed circumstances
5A
1
The prescribed circumstances in which a person who is awarded disability living allowance shall be required to attend for, or submit himself to, a medical examination, are where the Secretary of State is undertaking an investigation under section 30(7A) of the Administration Act .
2
An examination under paragraph (1) shall be conducted by a medical practitioner who is —
a
approved by the Secretary of State; or
b
engaged by an organisation approved by the Secretary of State.
Withholding of benefit in prescribed circumstances
5B
–
1
Subject to paragraph (2), where a person who is receiving disability living allowance is required by the Secretary of State, to attend for, or submit to, a medical examination under regulation 5A and fails to comply with that requirement on more than one occasion, that allowance may be withheld, in whole or in part, from a date, not earlier than the second occasion, as the Secretary of State shall determine.
2
Paragraph (1) shall not apply where —
a
a person who is required to attend for, or submit to, a medical examination proves to the satisfaction of the Secretary of State that he has good cause for failing to comply with the requirement to attend for, or submit himself to, medical examination;
b
a person who is required to attend for, or submit to, a medical examination produces such evidence as is acceptable to the Secretary of State in place of a medical examination; or
c
the Secretary of State otherwise has available to him such evidence as is acceptable to him.
3
For the purposes of paragraph (2)(a), the matters which are to be taken into account in determining whether a person has good cause shall include —
a
whether he was outside Great Britain at the relevant time;
b
his state of health at the relevant time; and
c
the nature of any disability from which he suffers.
Payment of withheld benefit
5C
–
1
Where the Secretary of State is satisfied that no question arises in connection with his investigation referred to in regulation 5A(1), payment of the amount withheld and the disability living allowance shall be made forthwith.
2
Where a question arose in connection with an investigation referred to in regulation 5A(1) in respect of which —
a
the Secretary of State made an application for the review of a person’s entitlement to disability living allowance under section 30 of the Administration Act; and
b
an adjudication officer has made a determination;
payment of the disability living allowance shall be made in accordance with the adjudication officer’s determination, on review, of the person’s entitlement.
3
Where paragraph (1) or (2) does not apply and disability living allowance is withheld under regulation 5B for a period of more than 3 months, the Secretary of State shall —
a
make, with a view to review, an application to the adjudication officer on the ground that the person failed to attend for, or submit himself to, medical examination; and
b
make such payments as are determined, on review, by the adjudication officer.
.
Insertion of new regulation in the Adjudication Regulations
4
After regulation 67 of the Adjudication Regulations (review in social fund maternity, funeral or heating expenses cases) there shall be inserted —
Review in attendance allowance and disability living allowance cases
67A
1
Failure by a person to attend for, or submit to, a medical examination under the provisions made under section 57A of the Administration Act (medical examinations) is prescribed as a relevant change of circumstances for the purposes of section 30(2)(b) or 35(1)(b) of the Administration Act (review on the grounds of relevant change of circumstances).
2
In the case where an award of attendance allowance or disability living allowance falls to be reviewed under section 30(2)(b) or 35(1)(b) of the Administration Act (review on the grounds of relevant change of circumstances) in the circumstances prescribed under paragraph (1), the decision given on review shall have effect from the date determined by the Secretary of State under regulation 8D(1) of the Social Security (Attendance Allowance) Regulations 1991 or regulation 5B(1) of the Social Security (Disability Living Allowance) Regulations 1991 , as the case may be.
.
Signed by authority of the Secretary of State for Social Security.
Patricia Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
28th July 1997


text:
Citation and commencement
1
These Regulations may be cited as the Offshore Electricity and Noise Regulations 1997 and shall come into force on 21st February 1998.
Amendment of the Electricity at Work Regulations 1989
2
For regulation 31 of the Electricity at Work Regulations 1989 there shall be substituted the following regulation —
Application
31
These Regulations shall apply —
a
in Great Britain; and
b
outside Great Britain as sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the provisions of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 .
.
Amendment of the Noise at Work Regulations 1989
3
For regulation 3 of the Noise at Work Regulations 1989 there shall be substituted the following regulation —
Application
3
1
Subject to paragraph (2), these Regulations shall apply —
a
in Great Britain; and
b
outside Great Britain as sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the provisions of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995.
2
The duties imposed by these Regulations shall not extend to —
a
the master or crew of a sea-going ship or to the employer of such persons, in relation to the normal ship-board activities of a ship’s crew under the direction of the master; or
b
the crew of any aircraft or hovercraft which is moving under its own power or any other person on board any such aircraft or hovercraft who is at work in connection with its operation.
.
Revocation
4
1
The following provisions of the Offshore Installations (Operational Safety, Health and Welfare) Regulations 1976 are revoked —
a
in regulation 1(2) the definitions of “electrical equipment”, “fixed installation”, “hazardous area”, “helicopter landing officer”, “mechanical equipment”, “mobile installation”, “radiotelephone operator” and “work permit”; and
b
regulations 11 and 17.
2
In paragraph 67 of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996 —
a
the words “Noise and” in the headnote; and
b
the words “noise or” in sub-paragraph (1),
are revoked.
J. Prescott
Secretary of State,
Department of the Environment, Transport and the Regions
14th August 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment (No. 3) Regulations 1997.
2
These Regulations shall come into force on 5th November 1997, except for regulation 3, which shall come into force on 1st January 1998.
3
In these Regulations, “the 1992 Regulations ” means the National Health Service (General Medical Services) Regulations 1992 .
GMS local development schemes
2
1
In regulation 34 of the 1992 Regulations (payments to doctors), at the beginning of paragraph (1), insert “Subject to regulation 34B,”.
2
After regulation 34A insert —
GMS local development schemes
34B
1
A Health Authority may as respects any financial year establish one or more GMS local development schemes if —
a
the Secretary of State has for the purposes of any such scheme as it may establish designated the Health Authority as the determining authority for the remuneration of doctors whose names are included in its medical list; and
b
such remuneration is of a description designated by the Secretary of State in relation to that financial year for the purposes of section 97(3A)(d) of the Act .
2
Schedule 7A defines a GMS local development scheme, and makes further provision in connection with them.
3
The Health Authority shall consult the Local Medical Committee —
a
before establishing a GMS local development scheme; and
b
before making any determination of remuneration for the purposes of a GMS local development scheme, and before amending or revoking any such determination.
4
In respect of each financial year the Health Authority shall make payments in accordance with the determination to those doctors whose names are included in its medical list who qualify by virtue of the determination for such payments.
5
As soon as reasonably possible after the end of each financial year, the Health Authority shall publish the following information about the GMS local development schemes established in its area as respects that financial year —
a
the aggregate amount of all the payments under paragraph (4) made or due to doctors in respect of that financial year for all the Health Authority’s GMS local development schemes taken together;
b
the number of such doctors; and
c
a description of the aspects of general medical services which were the subject of the Health Authority’s GMS local development schemes in that financial year.
.
3
In regulation 35 of the 1992 Regulations (claims and overpayments), in paragraph (1), at the end insert “or (as the case may be) with the terms of a GMS local development scheme”.
4
After Schedule 7 to the 1992 Regulations, insert Schedule 7A as set out in the Schedule to these Regulations.
General Practice ( GP ) Registrars
3
1
The 1992 Regulations are amended as follows.
2
In regulation 2(1) (interpretation), omit the definition “trainee general practitioner” and insert the following definition in the appropriate alphabetical position —
“General Practice (GP) Registrar” means a doctor who is being trained in general practice by a doctor whose name is included in a medical list;
.
3
In regulation 8 (local directory of family doctors), in paragraph (1)(f), for “trainee general practitioners” substitute “General Practice (GP) Registrars”.
4
In Schedule 2 (terms of service for doctors) —
a
in paragraph 1 (interpretation), in the definition of “assistant”, for “trainee general practitioner” substitute “General Practice (GP) Registrar”; and
b
in paragraph 22A (which requires doctors who are engaged as deputies or employed as assistants to satisfy certain conditions), in paragraph (c), for “trainee general practitioner” substitute “General Practice (GP) Registrar”.
5
In Part II of Schedule 3 (information and undertakings to be included in an application to fill a vacancy), in each of paragraphs 19(a) and 20, for “trainee” substitute “General Practice (GP) Registrar”.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State, Department of Health
15th October 1997


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Lichfield District Council) Order 1997 and shall come into force on 26th March 1997.
Exemption of sports and leisure facilities management
2
The management of sports and leisure facilities by Lichfield District Council shall not be treated as a defined activity so long as it is undertaken at the Burntwood Leisure Centre, High Street, Chasetown, Burntwood before 1st April 1999.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
24th February 1997


text:
1
This Order may be cited as The A4 Trunk Road (Great West Road, Hounslow) Red Route (Temporary Prohibition of Traffic) Order 1997 and shall come into force on the 6th January 1997.
2
This Order is made because the Traffic Director for London is satisfied that traffic in the A4 Great West Road, Hounslow (westbound) should be restricted at its junction with Lampton Road because works are being or are proposed to be executed on or near that junction.
3
During the period starting at 00.01 hours on 6th January 1997 and ending at 23:59 on 7th April 1997 or when those works have been completed, whichever is the sooner, subject to the provisions of article 4 below, no person shall cause or permit any vehicle;
a
proceeding westbound on the A4 Great West Road, Hounslow, to turn left into Lampton Road.
b
on entering the A4 Great West Road from Lampton Road to turn left.
c
on entering the A4 Great West Road from Lampton Road to proceed ahead into Heston Road.
4
1
The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
TRO 232
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
5th January 1997