text:
PART I
GENERAL
Citation, commencement, application and revocation
1
1
These Regulations may be cited as the Education (School Inspection) Regulations 1997 and shall come into force on 1st September 1997.
2
As from that date, the Regulations listed in Part I of the Schedule shall be revoked and the Education (Pupil Referral Units) (Application of Enactments) Regulations 1994 shall be amended as set out in Part II of the Schedule.
3
These Regulations other than paragraph (a) of Part II of the Schedule, apply only in relation to schools in England.
Interpretation
2
1
In these Regulations —
“bank holiday” means a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 ;
“school year” means the period of twelve months commencing on 1st August;
“the 1996 Act ” means the School Inspections Act 1996;
“working day” means any day which is not a Saturday, a Sunday, a bank holiday or part of a holiday longer than a week taken by the school in question; and
any reference to a child who is looked after by a local authority shall have the same meaning as in section 22 of the Children Act 1989 ;
2
Where these Regulations require an act to be done within a specified period from a specified date the period begins immediately after that date.
3
In these Regulations, unless the context otherwise requires, a reference —
a
to the Schedule is to the Schedule to these Regulations;
b
to a numbered regulation is to the regulation in these Regulations bearing that number;
c
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.
PART II
SCHOOL INSPECTIONS
3
In this Part of these Regulations —
“action plan” means the written statement referred to, in the case of a school of any kind mentioned in section 11(2) of the 1996 Act, in section 17(1) of that Act or, in the case of any other school, in section 21(1) of that Act;
“appropriate authority” shall be construed, in the case of a school of any kind mentioned in section 11(2) of the 1996 Act, in accordance with section 11(4) of that Act and, in the case of any other school, in accordance with section 11(5) of that Act;
“Chief Inspector” means Her Majesty’s Chief Inspector of Schools in England;
“inspection”, means an inspection of a school under section 10 of the 1996 Act;
“inspection team” has the meaning set out in paragraph 3(1) of Schedule 3 to the 1996 Act;
“member of the Inspectorate” means the Chief Inspector, any of Her Majesty’s Inspectors of Schools in England and any additional inspector;
“registered inspector” means an inspector registered under section 7(1) of the 1996 Act;
“school”, where used without qualification, means a school to which section 10 of the 1996 Act applies.
Intervals for inspection
4
1
The Chief Inspector shall, subject to paragraph (2), secure that every school is inspected by a registered inspector —
a
i
in the case of a primary school, which was inspected by one or more of Her Majesty’s Inspectors of Schools in England between 1st September 1993 and 31st August 1994 inclusive under section 3 of the Education (Schools) Act 1992 and in respect of which the Chief Inspector has sent a report of the inspection to the appropriate authority, on or after 1st September 1994 but before 1st August 1999;
ii
in any other case not falling within paragraph (1)(b), on or after 1st September 1994 but before 1st August 1998; and
thereafter, in either case, the Chief Inspector shall secure that subsequent inspections of a school by a registered inspector take place within six school years from the end of the school year in which the last inspection of the school took place; and
b
in the case of a secondary school which was inspected by a registered inspector on or after 1st September 1993 but before 1st August 1997, the Chief Inspector shall secure that subsequent inspections of such a school by a registered inspector take place within six school years from the end of the school year in which the last inspection of the school took place.
2
In the case of —
a
a secondary school to which section 10 of the School Inspections Act 1996 first applies on or after 1st August 1997, and
b
any other school to which that section first applies on or after 1st August 1998,
the Chief Inspector shall secure that the school is inspected by a registered inspector within a period of six school years from the end of the school year in which that section first applies to it and, following that inspection, the Chief Inspector shall secure that subsequent inspections of the school by a registered inspector take place within six school years from the end of the school year in which the last inspection of the school took place.
Notification of inspection
5
1
Where an inspection is arranged, the appropriate authority shall, for the purpose of paragraph 6(a) of Schedule 3 to the 1996 Act, take such steps as are reasonably practicable to notify —
a
in the case of a county, voluntary or maintained special school which has a delegated budget, a person appearing to them to be an appropriate officer of the local education authority;
b
in the case of a county, voluntary or maintained special school which does not have a delegated budget, the chairman of the governing body;
c
in the case of a grant-maintained or grant-maintained special school, the funding authority;
d
in the case of a voluntary school or a grant-maintained school which, immediately before it became a grant-maintained school, was a voluntary school, the person who appoints the school’s foundation governors and, in the case of an aided or special agreement school, the appropriate diocesan authority (if different);
e
in the case of a school in a group of grant-maintained schools in respect of which any person has power to appoint an externally appointed core governor under a provision of the instrument of government made in pursuance of Schedule 25 to the Education Act 1996 ; that person;
f
in the case of an aided or grant-maintained secondary school the instrument of government of which names a person as a sponsor of the school, that person;
g
in the case of a special school which is not maintained by a local education authority, or an independent school approved by the Secretary of State under section 347(1) of the Education Act 1996, the funding authority, a further education funding council or any local education authority, if that body are paying fees in respect of the provision of education to any person at the school;
h
in the case of any school at which a registered pupil is a child who is looked after by the local authority, a person appearing to them to be an appropriate officer of that local authority; and
i
in the case of a secondary school, the Training and Enterprise Council for the area in which the school is located, and such members of the local business community as the appropriate authority think fit, having regard, in particular, to the desirability of notifying members who employ or have recently employed former pupils of the school
of the time when the inspection is to take place.
2
In this regulation —
a
the expression “a school which has a delegated budget” has the meaning given to that expression in section 115(b) of the Education Act 1996;
b
the expression “appropriate diocesan authority” means —
i
in relation to a school in which the religious education provided is provided in accordance with the faith and practice of the Church of England, the Diocesan Board of Education for the diocese of the Church of England in which the school is situated; and
ii
in relation to a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church, the bishop of the Roman Catholic diocese in which the school is situated;
c
the reference to a group of grant-maintained schools is a reference to a group of such schools conducted by a single governing body under Chapter IX of Part III of the Education Act 1996; and
d
the expression “externally appointed core governor” has the meaning which that expression has in paragraph 2 of Schedule 25 to the Education Act 1996.
Meeting with parents
6
The appropriate authority, in arranging a meeting pursuant to paragraph 6(b) of Schedule 3 to the 1996 Act, shall —
a
arrange for the meeting to take place at a time before the time when the inspection is to begin;
b
in selecting the time and place for the meeting, have regard to the convenience of the parents;
c
take such steps as are reasonably practicable to give written notification at least three weeks in advance of the time when, and place where, the meeting is to be held to —
i
the parents of registered pupils at the school and, if a registered pupil is a child who is looked after by a local authority, a person appearing to the appropriate authority to be an appropriate officer of that local authority; and
ii
in the case of a special school not being a school maintained by a local education authority, or an independent school approved by the Secretary of State under section 347(1) of the Education Act 1996, a further education funding council or any local education authority, if that body is paying fees in respect of the provision of education to any person at the school and a parent of that person so requests;
d
not permit anyone to attend the meeting except —
i
the registered inspector and the inspection team;
ii
any person whom the registered inspector wishes to attend the meeting for the purpose of providing administrative support or recording what is said;
iii
the parents of registered pupils at the school and, if a registered pupil is a child who is looked after by a local authority, a person appearing to the appropriate authority to be an appropriate officer of that local authority;
iv
in the case of a special school not being a school maintained by a local education authority, or an independent school approved by the Secretary of State under section 347(1) of the Education Act 1996, a person appearing to the appropriate authority to be an appropriate officer of a further education funding council or any local education authority, if that body are paying fees in respect of the provision of education to any person at the school and a parent of that person so requests;
v
any member of the Inspectorate monitoring the inspection under section 3(2) of the 1996 Act;
e
arrange for the registered inspector to have control of the meeting in all other respects.
Reports
7
1
The carrying out of an inspection shall be completed by the expiry of the period of two weeks beginning when the inspection begins to be carried out.
2
For the purposes of section 15(2) of the 1996 Act there is prescribed, as the period within which the making of the report of an inspection is to be completed, the period of five weeks from the date on which the inspection is completed.
3
For the purposes of sections 16(4)(c) and 20(4)(c) of the 1996 Act there is prescribed, as the period within which the appropriate authority should take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the summary of the report of an inspection, the period of ten working days from the date of receipt of the report by the authority.
Action Plans
8
1
For the purposes of sections 17(2)(a) and 21(2)(a) of the 1996 Act there is prescribed, as the period within which the appropriate authority are to prepare an action plan, the period of forty working days from the date on which they receive the report.
2
For the purpose of section 17)(3) and (4) and section 21(3) and (4) of the 1996 Act there is prescribed, as the period within which the appropriate authority are to distribute in accordance with those enactments copies of an action plan prepared by them —
a
where the report does not state that the registered inspector is of the opinion that special measures are required to be taken in relation to the school, or where it does so and also states that the Chief Inspector disagrees with his opinion, five working days from the date on which the appropriate authority complete the preparation of the action plan; and
b
where the person making the report states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion,
i
two days from the date on which the appropriate authority complete the preparation of the action plan; or
ii
two days from the expiry of the period prescribed by paragraph (1),
whichever first occurs.
3
Where an action plan has been prepared by the appropriate authority they shall send copies of it (in addition to the persons mentioned in section 21(3) and (4) of the 1996 Act or subsections (3) and (5), or (3) to (5), of section 17 of the 1996 Act, as the case may be) as follows —
a
in all cases, to all persons employed at the school;
b
in the case of a secondary school, to the Training and Enterprise Council for the area in which the school is situated; and
c
in the case of a special school not being maintained by a local education authority, or an independent school approved by the Secretary of State under section 347(1) of the Education Act 1996, to a further education funding council or any local education authority, if that body are paying fees in respect of the provision of education to any person at the school.
4
For the purposes of calculating the period prescribed by paragraph (2)(b) no account shall be taken of Saturday, Sunday, Good Friday and Christmas Day or any day which is a bank holiday.
Statements
9
1
For the purposes of section 18(3)(a) of the 1996 Act there is prescribed, as the period within which a local education authority are to prepare the statement referred to in section 18(2), the period of —
a
ten days from the date on which they receive a copy of the action plan in respect of the school in question; or
b
twelve days from the expiry of the period prescribed by regulation 8(1),
whichever first occurs.
2
For the purposes of calculating the period prescribed by paragraph (1) no account shall be taken of Saturday, Sunday, Good Friday and Christmas Day or any day which is a bank holiday.
Fees for provision of the report and summary and of the action plan
10
1
Subject to paragraph (2), an appropriate authority may require payment of a fee (not exceeding the cost of supply) where they provide, —
a
under sections 16(4)(b) or 20(4)(b) of the 1996 Act, —
i
a copy of a report to a person who is not otherwise entitled to receive a copy of that report; or
ii
a copy of a summary to any person to whom they have previously provided a copy of that summary; or
b
under sections 17(6)(b) or 21(5)(b) of the 1996 Act, a copy of an action plan to any person —
i
who is not otherwise entitled to receive a copy of that action plan and whose home or whose principal office is located outside a radius of three miles from the school; or
ii
to whom they have previously provided a copy of that action plan.
2
An appropriate authority may not require payment by the funding authority of a fee under paragraph (1) where they provide to the funding authority a copy of a report or action plan in respect of a grant-maintained or grant-maintained special school and they have not previously provided a copy of that report or action plan to the authority.
PART III
INSPECTIONS OF DENOMINATIONAL EDUCATION
11
In this Part of these Regulations —
“action plan” means the written statement referred to in paragraph 3(1) of Schedule 4 to the 1996 Act;
“denominational education”, in relation to a school, means any religious education which —
is required by section 352(1)(a) of the Education Act 1996 to be included in the school’s basic curriculum, but
is not required by any enactment to be given in accordance with an agreed syllabus;
“inspection” means an inspection of a school under section 23 of the 1996 Act; and
“inspector” means the person conducting the inspection.
Intervals for inspection
12
1
Subject to paragraph (2), where the governing body of a voluntary or grant-maintained school are required by section 23 of the 1996 Act to secure that the denominational education given to any pupils or the content of the school’s collective worship (or both) are inspected they shall —
a
in the case of a secondary school which was inspected on or after 1st September 1993 but before 1st August 1997, secure that subsequent inspections take place within six school years from the end of the school year in which the last inspection took place;
b
in any other case, secure that the inspection takes place on or after 1st September 1994 but before 1st August 1998 and thereafter that subsequent inspections take place within six school years from the end of the school year in which the last inspection took place.
2
In the case of —
a
the governing body of a secondary school which first has a duty to secure an inspection under section 23 of the 1996 Act on or after 1st August 1997, and
b
the governing body of any other school which first has a duty to secure an inspection under that section on or after 1st August 1998,
the governing body shall secure that the inspection takes place within a period of six years from the end of the school year in which that duty first arises and, thereafter, that subsequent inspections take place within six school years from the end of the school year in which the last inspection took place.
Reports and Action Plans
13
1
An inspection shall be carried out during a period not exceeding two weeks.
2
The inspector shall, within five weeks from the date when the inspection is completed, prepare in writing a report of the inspection and a summary of the report.
3
The governing body shall, within forty working days from the date when the inspector reported to them, prepare an action plan.
4
The governing body shall, within five working days from the date when they complete the preparation of the action plan, send copies of it to the following persons (in addition to the persons mentioned in paragraph 3(2) of Schedule 4 to the 1996 Act) —
a
all person employed as teachers at the school or to participate in the school’s collective worship;
b
in the case of a grant-maintained school, the funding authority;
c
in the case of a school in a group of grant-maintained schools in respect of which any person has power to appoint an externally appointed core governor under a provision of the instrument of government made in pursuance of Schedule 25 to the Education Act 1996, that person; and
d
in the case of an aided or grant-maintained secondary school the instrument of government of which names a person as a sponsor of the school, that person.
Fees for provision of the report and summary and of the action plan
14
1
Subject to paragraphs (2) and (3), a governing body may require payment of a fee (not exceeding the cost of supply) where they provide,
a
under paragraph 2(4)(b) of Schedule 4 to the 1996 Act —
i
a copy of a report to any person who asks for one;
ii
a copy of a summary to any person to whom they have previously provided a copy of that summary; or
b
under paragraph 3(3)(b) of Schedule 4 to the 1996 Act a copy of an action plan to any person —
i
who is not otherwise entitled to receive a copy of that action plan and whose home or whose principal office is located outside a radius of three miles from the school; or
ii
to whom they have previously provided a copy of that action plan.
2
A governing body may not require payment of a fee under paragraph (1) if the document containing the copy of the report or summary, as the case may be, forms part of or is otherwise bound with a document containing a copy of the report or summary referred to in regulation 7 of these Regulations and a fee has been paid under regulation 10 of these Regulations.
3
A governing body may not require payment by the funding authority of a fee under paragraph (1) where they provide to the funding authority a copy of a report or action plan in respect of a grant-maintained school and they have not previously provided a copy of that report or action plan to the authority.
PART IV
LOCAL EDUCATION AUTHORITY ACCOUNTS
15
1
For each financial year in which a local education authority provide a school inspection service, the authority shall keep accounts in respect of the service provided by them in that year.
2
In this regulation —
“financial year” means a period of twelve months beginning with 1st April; and
“school inspection service” has the meaning set out in section 24(2) of the 1996 Act.
Tessa Blackstone
Minister of State,
Department for Education and Employment
6th August 1997


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Gas Act 1995 (Rateable Values) (Modification) Order 1997 and shall come into force on 3rd March 1997.
Modifications of rateable value
2
1
The British Gas plc (Rateable Values) Order 1994 is modified as follows.
2
With effect from 1st April 1996, in article 2 (interpretation), in the definition of “the standard formula”, for paragraph (a) there is substituted —
a
T in respect of English gas hereditaments is £478,731,900 and in respect of Welsh gas hereditaments is £28,676,000;
.
3
With effect from 1st March 1996, article 5 (rateable values) has effect as if in paragraph (a) for “£483,887,500” there were substituted “£478,731,900” and for “£29,373,300” there were substituted “£28,676,000”.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
3rd February 1997
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
4th February 1997


text:
Citation and commencement
1
These Regulations may be cited as the Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997 and shall come into force on the seventh day after the day on which they are made.
Interpretation
2
1
In these Regulations —
a
“an authorised person” means a person authorised to issue fixed penalty notices in accordance with regulation 4;
b
“fixed penalty” means, subject to regulation 9, a penalty —
i
of £60 in the case of a fixed penalty offence relating to regulation 61 of the 1986 Regulations , or
ii
of £20 in the case of a fixed penalty offence relating to regulation 98 of the 1986 Regulations;
c
“fixed penalty notice” means a notice offering a person an opportunity to discharge any liability to conviction for a fixed penalty offence by payment of a penalty of the amount prescribed in sub-paragraph (b);
d
“fixed penalty offence” means an offence under section 42 of the Road Traffic Act 1988 consisting of —
i
a contravention of, or failure to comply with, regulation 61 of the 1986 Regulations;
ii
a contravention of, or failure to comply with, regulation 98 of the 1986 Regulations;
iii
using on a road a motor vehicle which does not comply with a requirement of regulation 61 of the 1986 Regulations or causing or permitting a motor vehicle to be so used; or
iv
using on a road a motor vehicle which does not comply with a requirement of regulation 98 of the 1986 Regulations or causing or permitting a motor vehicle to be so used;
e
“the 1986 Regulations” means the Road Vehicles (Construction and Use) Regulations 1986 ;
f
“a participating authority” means —
i
Birmingham City Council;
ii
Bristol City Council;
iii
Canterbury City Council;
iv
Glasgow City Council;
v
Middlesbrough Borough Council;
vi
the Council of the City and County of Swansea; and
vii
Westminster City Council;
g
“the period for paying” in relation to any fixed penalty notice, means the period of 28 days beginning with the day on which the notice was issued.
2
Unless the context otherwise requires any reference in these Regulations to a numbered regulation is to the regulation in these Regulations bearing that number and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
Powers of participating authorities
3
1
A participating authority may within its area —
a
take such steps as are required, including the carrying out of tests on the emissions from vehicles, to enforce the provisions of regulation 61 of the 1986 Regulations, and
b
take such steps as are required to enforce the provisions of regulation 98 of the 1986 Regulations,
and each of the offences referred to in the definition of “fixed penalty offence” in regulation 2(1)(d) is hereby prescribed as an offence for the purposes of section 87(2)(o) of the Environment Act 1995.
2
In connection with the discharge of an authority’s functions under paragraph (1) an authorised person of that authority may require the driver of any vehicle to disclose to him —
a
his name and address; and
b
his date of birth.
3
Any person who fails to comply with a requirement under paragraph (2) shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Persons to issue fixed penalty notices
4
1
A participating authority may authorise any officer of the authority, or any other person, who has successfully completed a course of training on checking emissions approved by the Secretary of State, to issue fixed penalty notices in accordance with these Regulations in respect of fixed penalty offences relating to regulation 61 of the 1986 Regulations.
2
A participating authority may authorise any officer of the authority or any other person to issue fixed penalty notices in accordance with these Regulations in respect of fixed penalty offences relating to regulation 98 of the 1986 Regulations.
Issue of fixed penalty notices
5
1
Where —
a
a test has been carried out on the emissions from a vehicle, and
b
in consequence of that test an authorised person considers that a fixed penalty offence relating to regulation 61 of the 1986 Regulations has been committed by the person using that vehicle,
he may issue a fixed penalty notice to that person.
2
Where an authorised person considers that a fixed penalty offence relating to regulation 98 of the 1986 Regulations has been committed by the driver of a vehicle, he may issue a fixed penalty notice to that person.
3
A fixed penalty notice in accordance with paragraph (1) or (2) shall be issued as soon as is reasonably practicable and, in any case, not later than 24 hours after the commission of the offence in connection with which it is issued.
4
A fixed penalty notice issued in accordance with paragraph (1) or (2) shall give such reasonable particulars of the circumstances alleged to constitute the fixed penalty offence to which the notice relates as are necessary for giving reasonable information of the offence and shall state —
a
the name and address of the person to whom the notice is issued;
b
the registered number of the vehicle concerned;
c
the date of the offence;
d
the monetary amount of the fixed penalty which may be paid;
e
the person to whom, and the address at which, the fixed penalty may be paid and any correspondence relating to the fixed penalty notice may be sent;
f
the person to whom and the address at which any request for a hearing may be sent;
g
the method or methods by which payment of the fixed penalty may be made;
h
the period for paying the fixed penalty, and
i
the consequences of the fixed penalty not being paid before the expiration of the period.
5
A fixed penalty notice may be issued under this regulation either by giving it to the person to whom it is issued or by properly addressing, pre-paying and posting a letter containing the notice to that person and shall, for the purposes of these Regulations, be taken to have been issued at the time when it is so given or a letter containing it is so posted.
Proceedings or conviction
6
1
Where a fixed penalty notice has been issued to a person in accordance with regulation 5, no proceedings shall be instituted against that person for the offence in connection with which the notice was issued before the expiration of the period for paying the penalty, unless he has given a notice requesting a hearing in accordance with regulation 7.
2
A person shall not be convicted for an offence in connection with which a fixed penalty notice has been issued if the fixed penalty is paid before the expiration of the period for paying it.
Request for a hearing
7
1
A person to whom a fixed penalty notice has been issued may give notice requesting a hearing in respect of the offence to which the fixed penalty notice relates.
2
A notice requesting a hearing under paragraph (1) shall be in writing and shall be given to the person specified for this purpose in the fixed penalty notice at the address so specified not later than the end of the period of 28 days beginning with the day after the day on which the fixed penalty notice was issued.
3
Where a hearing has been requested in accordance with paragraphs (1) and (2), the fixed penalty shall not be payable.
Prosecution in respect of an offence
8
1
Where a person to whom a fixed penalty notice has been issued in respect of an offence committed in England or Wales gives a notice requesting a hearing in respect of the offence in accordance with regulation 7, the fixed penalty notice may be treated as an information for the purposes of a prosecution for the offence in connection with which it was issued.
2
Where a person to whom a fixed penalty notice has been issued in respect of an offence committed in Scotland gives a notice requesting a hearing in respect of the offence in accordance with regulation 7, an authorised person may notify the Procurator Fiscal.
Increase in fixed penalty
9
Where the person liable to pay the fixed penalty fails to pay it before the expiration of the period for paying it without having given notice requesting a hearing under regulation 7, the amount of the fixed penalty shall be increased —
a
to £90, in the case of an offence relating to regulation 61 of the 1986 Regulations, and
b
to £40, in the case of an offence relating to regulation 98 of the 1986 Regulations.
Recovery of unpaid fixed penalties
10
1
Any fixed penalty payable under a fixed penalty notice issued in England or Wales which is unpaid after the end of the period for paying it shall, if a county court so orders, be recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court.
2
Where any fixed penalty payable under a fixed penalty notice issued in Scotland remains unpaid, it shall be enforceable in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the Sheriff Court of any Sheriffdom in Scotland.
Enforcement by execution
11
1
Subject to paragraphs (2) and (3), an unpaid fixed penalty, which is recoverable in accordance with regulation 10 as if it were payable under a county court order, shall be treated for purposes of enforcement by execution as if it were a Part II debt specified in article 2(1)(a) of the Enforcement of Road Traffic Debts Order 1993 (“the 1993 Order ”).
2
Article 3(1) of the 1993 Order (no warrant of execution to be issued until the time for serving a statutory declaration has expired) shall not apply to a warrant of execution to enforce payment of an unpaid fixed penalty.
3
For the purposes of the enforcement of payment of an unpaid fixed penalty, any reference in the 1993 Order to“the authority” shall be a reference to a participating authority.
Withdrawal of a fixed penalty notice
12
1
A fixed penalty notice may be withdrawn in any case in which an authorised person determines that it ought not to have been issued or ought not to have been issued to the person named as the person to whom it was issued.
2
Where a fixed penalty notice has been withdrawn in accordance with paragraph (1) —
a
any amount paid by way of fixed penalty in pursuance of that notice shall be repaid to the person who paid it, and
b
no proceedings shall be continued or instituted against that person for the offence in connection with which the withdrawn notice was issued.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
19th December 1997


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 1997 and shall come into force on 9th April 1997.
2
In this Scheme —
“the operative date” means 9th April 1997;
“the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982 ; and
“lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme.
Amendment of article 5 of the principal Scheme
2
Paragraph (2) of article 5 of the principal Scheme shall be amended by substituting for the words “10th April 1996” the words “9th April 1997”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 to the principal Scheme (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies and table of loss of earnings and corresponding rates of lesser incapacity allowance) there shall be substituted the Schedule set out in the Schedule to this Scheme.
Transitional provision relating to amount of allowance payable
4
1
Paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of loss of earnings required by article 7(2) of the principal Scheme had not been made by that date.
2
In such a case as is referred to in paragraph (1) the beneficiary shall be treated as entitled, from the operative date, to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.
Transitional provision relating to claims not made, or made but not determined, before the operative date
5
1
Paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance —
a
was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme as it will have effect after the operative date; or
b
was made but not determined before the operative date.
2
Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall be paid at the rate which would have been payable in respect of that period had the amendment to the principal Scheme made by article 3 of this Scheme not been made.
Transitional provision relating to review and appeal
6
Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reviewed by the adjudication officer in the light of the amendments made by, and transitional provisions contained in, this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
5th March 1997
We consent,
Patrick McLoughlin
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1997


text:
1
1
This Order may be cited as the Criminal Justice Act 1988 (Designated Countrries and Territories) (Amendment) (No. 2) Order 1997 and shall come into force on 1st February 1998.
2
This Order extends to England and Wales only.
3
In this Order “the principal Order ” means the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991 .
2
There shall be inserted in Schedule 1 to the principal Order, at the appropriate places in alphabetical order, the entries for those countries specified in the Schedule to this Order.
3
The Appendix set out at the end of paragraph 21(i) of Schedule 2 to the principal Order (institution of proceedings) shall be amended as follows —
a
after the entry for Antigua and Barbuda, there shall be inserted the following entry —
Australia when an information or a complaint has been laid before a justice of the peace or a magistrate, or a person has been charged with an offence, or an indictment or a presentment has been preferred
;
b
the entry relating to the Isle of Man shall be deleted and replaced by the following —
Isle of Man
a
where a justice of the peace issues a summons under section 4 of the Summary Jurisdiction Act 1989, when the complaint in relation to the offence is made to him;
b
where a justice of the peace issues a warrant for the arrest of any person under that section, when the complaint in relation to the offence is made to him;
c
where a person is charged with the offence after being taken into custody without a warrant, when he is taken into custody;
d
where an information is preferred by the Attorney General in a case where there have been no committal proceedings, when the information is lodged in the General Registry in accordance with section 4(1) of the Criminal Code Amendment Act 1917
.
4
A like amendment to that in article 3 above shall be made to the Appendix to section 102 of the Criminal Justice Act 1988 as set out in Schedule 3 to the principal Order.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Maidstone Priority Care National Health Service Trust Dissolution Order 1997 and shall come into force on 1st April 1997.
Dissolution of NHS trust
2
The Maidstone Priority Care National Health Service Trust established by the Maidstone Priority Care National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
24th February 1997


text:
Citation and commencement
1
These Regulations may be cited as the Surface Waters (Dangerous Substances) (Classification) Regulations 1997 and shall come into force on 26th November 1997.
Classification of inland freshwaters
2
The classification DS4 and the criteria for that classification set out in Schedule 1 to these Regulations shall apply for classifying inland freshwaters with a view to reducing the pollution of those waters by the dangerous substances listed in that Schedule.
Classification of coastal waters and relevant territorial waters
3
The classification DS5 and the criteria for that classification set out in Schedule 2 to these Regulations shall apply for classifying coastal waters and relevant territorial waters with a view to reducing the pollution of those waters by the dangerous substances listed in that Schedule.
Sampling
4
The Environment Agency shall ensure that waters classified under these Regulations are sampled at such sampling points and at such times, and samples are analysed in such manner, as the Agency considers necessary for —
a
monitoring the effect on those waters of discharges containing the dangerous substances in question; and
b
determining the extent to which those waters are polluted by those substances and whether the requirements for the relevant classification are satisfied.
Modification of section 83 of the Water Resources Act 1991
5
Section 83 of the Water Resources Act 1991 (water quality objectives) shall have effect as if —
a
it imposed a duty on the Secretary of State to exercise his powers under that section to apply the classification DS4 to all inland freshwaters and the classification DS5 to all coastal waters and relevant territorial waters and to specify 1st April 1998 as the relevant date in each case; and
b
in relation to performance of that duty and the resulting water quality objectives, subsections (3) to (6) of that section (reviews and consultation requirements) were omitted.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
22nd October 1997
Ron Davies
Secretary of State for Wales
24th October 1997


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Local Authorities (Alteration of Requisite Calculations) Regulations 1997 and shall come into force on 6th February 1997.
2
In these Regulations “the 1992 Act ” means the Local Government Finance Act 1992.
3
These Regulations have effect in relation to the financial year beginning on 1st April 1997.
Police grant and relevant special grant
2
For subsection (12) of section 32 of the 1992 Act there shall be substituted the following subsection —
12
In this section and section 33 below —
“police grant” means so much of the grant payable in accordance with paragraph 3.1 of the relevant police grant report as excludes the amounts shown in columns (c) and (d) of the Table set out below that paragraph;
“relevant special grant” means any of the following grants, that is to say —
the special grant payable in accordance with paragraphs 4 and 6 of the special grant report for England (Special Grant Report ( No. 23)) approved by a resolution of the House of Commons pursuant to section 88B of the 1988 Act on 3rd February 1997;
the special grant payable in accordance with paragraphs 5 and 7 of that special grant report; and
the special grant payable in accordance with paragraphs 3 to 5 of the special grant report for Wales (Special Grant Report (Wales) 1997) approved by a resolution of the House of Commons pursuant to section 88B of the 1988 Act on 4th February 1997;
and in this subsection “the relevant police grant report” means the police grant report (The Police Grant Report (England and Wales) 1997/98) approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 on 29th January 1997.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
5th February 1997
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
5th February 1997


text:
Citation, interpretation and commencement
1
This Order, which may be cited as the Pensions (Polish Forces) Scheme (Extension) Order 1997, shall be read as one with the Pensions (Polish Forces) Scheme 1964 , (hereinafter referred to as “the Scheme”) and shall come into force on 27th March 1997.
Extension of the Scheme
2
For the purposes of Article 14(1) of the Scheme (duration of the Scheme) the extended period of five years from and including 27th March 1997 is hereby specified, and accordingly payments under the Scheme shall be limited to such as fall due for payment before 27th March 2002.
Signed by authority of the Secretary of State for Social Security.
Mackay of Ardbrecknish
Minister of State,
Department of Social Security
4th March 1997
We consent,
Roger Knapman
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 1997


text:
1
This Order may be cited as the Education (School Leaving Date) Order 1997 and shall come into force on 1st September 1997.
2
The school leaving date for 1998 and for successive years shall be the last Friday in June.
Stephen Byers
Minister of State,
Department for Education and Employment
31st July 1997
Peter Hain
Parliamentary Under Secretary of State at the Welsh Office
8th August 1997


text:
Citation and commencement
1
These Regulations may be cited as the Secure Tenancies (Notices) (Amendment No. 2) Regulations 1997 and shall come into force on 12th February 1997.
Amendment
2
1
The notice in Part I of the Schedule to the Secure Tenancies (Notices) Regulations 1987 (notice of seeking possession), as substituted by regulation 2 of the Secure Tenancies (Notices) (Amendment) Regulations 1997 , is amended as follows.
2
In the last sentence of the words substituted as mentioned in paragraph (1), for “the date inserted above” substitute “the date this Notice is given”.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under-Secretary of State,
Department of the Environment
11th February 1997


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (English Heritage) Order 1997 and shall come into force on 18th August 1997.
Designation of bodies
2
The Historic Buildings and Monuments Commission for England , appearing to the Secretary of State for National Heritage and the Secretary of State for Wales 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.
Restrictions on agreements which may be entered into
3
Agreements which may be entered into by the Historic Buildings and Monuments Commission for England 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 the Historic Buildings and Monuments Commission for England.
Chris Smith
Secretary of State for National Heritage
18th July 1997
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
23rd July 1997


text:
Citation, commencement, operation and extent
1
1
This Order may be cited as the Sierra Leone (United Nations Sanctions) (Channel Islands) Order 1997 and shall come into force on 1st November 1997.
2
If the Security Council of the United Nations takes a decision which has the effect of cancelling, postponing or suspending the operation of the resolution adopted by it on 8th October 1997, in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and the Bailiwick of Jersey only.
Interpretation
2
In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“Attorney General” means —
in the application of this Order to the Bailiwick of Guernsey, the Attorney General for Guernsey; and
in the application of this Order to the Bailiwick of Jersey, the Attorney General of Jersey;
“Chief Revenue Officer” and “States Revenue Officer” have the same meaning as in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972;
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“enactment” includes an enactment of the States of Guernsey or Alderney or the Chief Pleas of Sark, or the States of Jersey;
“export” includes shipment as stores;
“exportation” in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or the vehicle;
“owner”, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“person connected with Sierra Leone” means —
the Government of Sierra Leone;
any other person, in or resident in, Sierra Leone;
any body incorporated or constituted under the law of Sierra Leone;
any body, wherever incorporated or constituted, which is controlled by any of the persons mentioned in sub-paragraphs (a) to (c) above; or
any person acting on behalf of any of the persons mentioned in sub-paragraphs (a) to (d) above;
“police officer” means —
in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey; and
in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“ship” has the same meaning as in section 313(1) of the Merchant Shipping Act 1995 ;
“shipment” (and cognate expressions) and “stores” shall, in the application of this Order to the Bailiwick of Guernsey, have the same meanings as in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 and, in the application of this Order to the Bailiwick of Jersey, have the same meanings as in the Customs and Excise (General Provisions) (Jersey) Law 1972;
“specified goods” means —
the goods specified in Group 1 of Part III of Schedule 1 to the Export of Goods (Control) Order 1994 , and
the good specified in Schedule 1 to this Order;
“vehicle” means land transport vehicle.
Supply of certain goods to Sierra Leone
3
1
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee, no person shall —
i
supply or deliver; or
ii
agree to supply or deliver; or
iii
do any act calculated to promote the supply or delivery of,
any specified goods to or to the order of any person connected with Sierra Leone.
2
Nothing in paragraph (l)(ii) above shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted under this article.
Exportation of certain goods to Sierra Leone
4
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
any specified goods are prohibited to be exported from any of the Channel Islands to any destination in Sierra Leone, or to any destination for the purpose of delivery directly or indirectly, to or to the order of a person connected with Sierra Leone.
Carriage of goods destined for Sierra Leone
5
1
Without prejudice to the generality of article 3 above, and except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no ship or aircraft to which this article applies, and no vehicle within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, shall be used for the carriage of any specified goods if the carriage is, or forms part of, carriage from any place outside Sierra Leone to any destination therein.
2
This article applies to ships registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person who is —
a
a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or
b
a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, of the Bailiwick of Jersey.
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) above, then —
a
in the case of a ship registered in the Bailiwick of Guernsey or the Bailiwick of Jersey or any aircraft registered in the United Kingdom, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in paragraph (2)(a) or (b) above, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence under this Order, unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside Sierra Leone to any destination therein.
4
Nothing in paragraph (1) above shall apply where the supply or delivery or exportation from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the goods concerned to Sierra Leone was authorised by a licence granted by the relevant authority under article 3 or article 4 above.
5
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
Application of article 3
6
1
The provisions of article 3 above shall apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and to any person elsewhere who:
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or
b
is a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey.
2
Subject to the provisions of paragraph (3) below, any person specified in paragraph (1) above who contravenes the provisions of article 3 above shall be guilty of an offence under this Order.
3
In the case of proceedings for an offence in contravention of article 3 above it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a person connected with Sierra Leone.
Powers to demand evidence of destination which goods reach
7
Any exporter or any shipper of any specified goods which have been exported from any of the Channel Islands shall, if so required by, in the case of the Bailiwick of Guernsey, the Chief Revenue Officer or, in the case of the Bailiwick of Jersey, the Agent or Deputy Agent of the Impôts or any person duly authorised by the Agent of the Impôts, furnish within such time as they may allow proof to their satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted under this Order; or
b
a destination to which their exportation was not prohibited by this Order,
and, if he fails to do so, he shall be guilty of an offence under this Order unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
8
1
If for the purposes of obtaining any licence under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence under this Order.
2
Any person who has done any act under the authority of a licence granted by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee under this Order and who fails to comply with any condition attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
9
1
Any person who is about to leave any of the Channel Islands shall, if he is required to do so by, in the case of the Bailiwick of Guernsey, a States Revenue Officer or, in the case of the Bailiwick of Jersey, an officer of the Impôts —
a
declare whether or not he has with him any specified goods which are destined for Sierra Leone or for delivery, directly or indirectly, to any person connected with Sierra Leone; and
b
produce any such goods as aforesaid which he has with him,
and any such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with this article shall be guilty of an offence under this Order.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence under this Order.
Investigation, etc. of suspected ships, aircraft and vehicles
10
1
Where any authorised officer, that is to say, in respect of the Bailiwick of Guernsey any such officer other than an officer of the Board of Trade as is referred to in section 284(1) of the Merchant Shipping Act 1995, or a States Revenue Officer, or, in respect of the Bailiwick of Jersey, the Harbour Master or an officer appointed to deputise for him has reason to suspect that any ship registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey has been or is being or is about to be used in contravention of article 5(1) above, he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force, and he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and an authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may, in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of article 5(1) above, exercise the following further powers with a view to the prevention of the commission (or the continued commission) of any such contravention or in order that enquiries into the matter may be pursued, that is to say, he may either direct the master to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified or request the master to take any one or more of the following steps:
a
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by any authorised officer that the ship may so proceed;
b
if the ship is then in a port in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey to cause her to remain there until the master is notified by an authorised officer that the ship may depart;
c
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (b) above; and
d
to take her to any other destination that may be specified by the officer in agreement with the master,
and the master shall comply with any such request or direction.
2
Without prejudice to the provisions of paragraph (10) below, where a master refuses or fails to comply with a request made under this article that his ship shall or shall not proceed to or from any place or where an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with, any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
3
Where, in the case of the Bailiwick of Guernsey, any States Revenue Officer or, in the case of the Bailiwick of Jersey, any officer of the Impôts or any person authorised by the Attorney General for that purpose either generally or in a particular case has reason to suspect that any aircraft to which article 5 applies has been or is being or is about to be used in contravention of article 5(1), that authorised person or that officer may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify, and that authorised person or that officer may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and, if the aircraft is then in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, any such authorised person or any such officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may further request the charterer, operator and the commander or any of them to cause the aircraft to remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey until notified that the aircraft may depart, and the charterer, the operator and the commander shall comply with any such request.
4
Without prejudice to the provisions of paragraph (10) below, where any such officer or authorised person as is referred to in paragraph (3) above has reason to suspect that any request that an aircraft should remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey that has been made under paragraph (3) above may not be complied with, that authorised person or that officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose:
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft; and
c
use, or authorise the use of, reasonable force.
5
Where, in the case of the Bailiwick of Guernsey, any States Revenue Officer or, in the case of the Bailiwick of Jersey, any officer of the Impôts, or any person authorised by the Attorney General for that purpose either generally or in a particular case has reason to suspect that any vehicle in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey has been or is being or is about to be used in contravention of article 5(1) above, that authorised person or that officer may request the operator and driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify, and that authorised person or that officer may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force; and any such authorised person or such officer (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of such a request) may further require the operator or driver to cause the vehicle to remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey until notified that the vehicle may depart; and the operator and the driver shall comply with any such request.
6
Without prejudice to the provisions of paragraph (10) below, where any such officer or authorised person as is referred to in paragraph (5) above has reason to suspect that any request that a vehicle should remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey that has been made under paragraph (5) above may not be complied with, that authorised person or that officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose:
a
enter, or authorise entry, upon any land and upon that vehicle;
b
detain, or authorise the detention of, that vehicle; and
c
use, or authorise the use of, reasonable force.
7
A person authorised by the Attorney General to exercise any power for the purposes of paragraph (3), (4), (5) or (6) above shall, if requested to do so, produce evidence of his authority before exercising that power.
8
No information furnished or document produced by any person in pursuance of a request made under this article shall be disclosed except:
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right; or
b
to any person who would have been empowered under this article to request that it be furnished or produced or to any person holding or acting in any office under or in the service of the Crown in respect of the Government of the United Kingdom or under or in the service of the States of Guernsey or Alderney or the Chief Pleas of Sark or, as the case may be, the States of Jersey; or
c
on the authority of the Attorney General, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Sierra Leone decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence under any enactment relating to customs or for an offence under any provision of law with respect to similar matters that is for the time being in force in the Bailiwick of Guernsey or the Bailiwick of Jersey.
9
Any power conferred by this article to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
10
Each of the following persons shall be guilty of an offence under this Order, that is to say:
a
a master of a ship who disobeys any direction given under paragraph (1) above with respect to the landing of any cargo;
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under this article by any person empowered to make it; or
ii
who wilfully furnishes false information or produces false documents to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under this article.
11
Nothing in this article shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
Obtaining of evidence and information
11
The provisions of the Schedule to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining of evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence under any enactment relating to customs or of an offence against any provision of law with respect to similar matters that is for the time being in force in the Bailiwick of Guernsey or the Bailiwick of Jersey.
Penalties and proceedings
12
1
Any person guilty of an offence under article 5(3) or article 6(2) above shall be liable in the Bailiwick of Guernsey:
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.
2
Any person guilty of an offence under article 10(10)(b)(ii) above or paragraph 5(b) or (d) of Schedule 2 to this Order shall be liable in the Bailiwick of Guernsey:
a
on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
Any person guilty of an offence under article 8(1) or (2) or article 9(3) above shall be liable in the Bailiwick of Guernsey:
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding the statutory maximum,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
4
Any person guilty of an offence under article 7 or article 9(2) above shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to a fine not exceeding level 5 on the standard scale; and
b
in the Bailiwick of Jersey, on conviction to a fine.
5
Any person guilty of an offence under article 10(10)(a), (b)(i) or (c) above or paragraph 5(a) or (c) of Schedule 2 to this Order shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both; and
b
in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine or to both.
6
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
7
Summary proceedings in the Bailiwick of Guernsey and any proceedings in the Bailiwick of Jersey for an offence under this Order, being an offence alleged to have been committed outside the Bailiwick in question, may be commenced at any time not later than 12 months from the date on which the person charged first enters that Bailiwick after committing the offence.
8
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey having jurisdiction in the place where that person is for the time being.
9
No proceedings for an offence under this Order, in its application to the Bailiwick of Jersey, shall be instituted except by, or with the consent of the Attorney General for Jersey:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers
13
1
The Lieutenant Governor or, as the case may be, the Finance and Economics Committee or the Attorney General, may to such extent and subject to such restrictions and conditions as he or it think proper, delegate or authorise the delegation of any of his or its powers under this Order (other than the power to give authority under Schedule 2 to this Order to apply for a search warrant) to any person, or class or description of persons, approved by him or it, and references in this Order to the Lieutenant Governor, Finance and Economics Committee and Attorney General shall be construed accordingly.
2
Any licence granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority which granted it.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Highway Litter Clearance and Cleaning (Transfer of Responsibility) Order 1997 and shall come into force on 1st April 1998.
Transfer of duties to the Secretary of State
2
There shall be transferred to the Secretary of State for Transport from each local authority listed in column 1 of the Schedule to this Order the responsibility for the discharge of the duties imposed by section 89 of the Environmental Protection Act 1990 as respects the part or parts of the highway or highways specified in relation to that local authority in column 2 of that Schedule.
Signed by authority of the Secretary of State for Transport
Helene Hayman
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
1st December 1997