text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Social Fund and Claims and Payments) (Miscellaneous Amendments) Regulations 1997 and shall come into force on 7th April 1997.
2
In these Regulations, “the General Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 .
Amendment of regulation 3 of the General Regulations
2
1
Regulation 3 of the General Regulations (interpretation) shall be amended in accordance with the following paragraphs.
2
In paragraph (1)–
a
after the definition of “the Jobseeker’s Allowance Regulations” there shall be inserted the following definition–
“absent parent” means a parent of a child who has died or of a still-born child where–
the parent was not living in the same household with the child at the date of that child’s death or at the date the child was still-born; and
that child had at the date of death, or would have had, his home with a person who was responsible for that child for the purposes of Part IX of the Social Security Contributions and Benefits Act 1992;
;
b
after the definition of “funeral payment” there shall be inserted the following definition–
“immediate family member” means a parent, son or daughter;
;
c
after the definition of “occupational pension scheme”, there shall be inserted the following definition–
“prescribed time for claiming” means the appropriate period during which a maternity payment or, as the case may be, a funeral payment, may be claimed pursuant to regulation 19 of, and Schedule 4 to, the Social Security (Claims and Payments) Regulations 1987 ;
;
d
in the definition of “responsible person” for “7(1) (b)” there shall be substituted “7(1) (a)”.
3
For paragraph (1A) there shall be substituted the following paragraph–
1A
For the purposes of Part III of these Regulations, persons are to be treated as members of the same household where those persons–
a
are married to each other and are living in the same residential accommodation, residential care home or nursing home as defined for the purposes of the Income Support Regulations or, as the case may be, of the Jobseeker’s Allowance Regulations; or
b
were partners immediately before either or both or any or all of those persons moved permanently into such accommodation or home as is referred to in sub-paragraph (a) above,
and that person is or, as the case may be, those persons are resident in such accommodation or home at the date of death of the person in respect of whom a funeral payment is claimed.
.
Amendment of regulation 4 of the General Regulations
3
In regulation 4 of the General Regulations (provision against double payment)–
a
at the end of paragraph (2) there shall be added the words “or to persons who have been granted an order in respect of the child in question pursuant to section 30 of the Human Fertilisation and Embryology Act 1990 (parental orders)”;
b
in paragraph (3), after the words “in question” there shall be inserted the words “or in respect of any other funeral expenses arising from the death of the same person”.
Amendment of regulation 5 of the General Regulations
4
1
Regulation 5 of the General Regulations (entitlement to a maternity payment) shall be amended in accordance with the following paragraphs.
2
In paragraph (1)–
a
at the end of sub-paragraph (b)(ii) for the word “and” there shall be substituted the word “or”;
b
after sub-paragraph (b)(ii) there shall be inserted the following head–
iii
the claimant and the claimant’s spouse have been granted an order in respect of a child pursuant to section 30 of the Human Fertilisation and Embryology Act 1990 (parental orders); and
;
c
in sub-paragraph (c), for the words from “period” to the end of the sub-paragraph there shall be substituted the words “prescribed time for claiming a maternity payment”.
3
After paragraph (2) (c), there shall be added the following sub-paragraph–
d
where the claim is made after an order referred to in paragraph (1) (b) (iii) has already been granted in respect of a child, £100 in respect of that child.
.
Substitution of regulation 7 of the General Regulations
5
For regulation 7 of the General Regulations (entitlement to a funeral payment) there shall be substituted the following regulations–
Entitlement
7
1
Subject to the following provisions of this regulation, regulation 8 and to Parts IV and V of these Regulations, a social fund payment (referred to in these Regulations as a “funeral payment”) to meet funeral expenses shall be made only where–
a
the claimant or his partner (in this Part of these Regulations referred to as “the responsible person”), at the date of the claim for a funeral payment–
i
has an award of income support, income-based jobseeker’s allowance, family credit, disability working allowance, housing benefit or council tax benefit where, in the case of council tax benefit, that benefit is awarded by virtue of the claimant or his partner having fulfilled the conditions of entitlement specified in section 131(3) to (5) of the Social Security Contributions and Benefits Act 1992 (certain conditions for entitlement to council tax benefit) ; or
ii
is a person to whom (by virtue of subsection (7) of section 131 of that Act) subsection (6) of that section applies where, on a claim for council tax benefit, the conditions of entitlement specified in section 131(3) and (6) for an award of an alternative maximum council tax benefit are fulfilled;
b
the funeral of the deceased takes place in the United Kingdom;
c
the deceased was ordinarily resident in the United Kingdom at the date of his death;
d
the claim is made within the prescribed time for claiming a funeral payment; and
e
the claimant or his partner accepts responsibility for those expenses and–
i
the responsible person was the partner of the deceased at the date of death; or
ii
in a case where the deceased was a child or a still-born child and–
aa
there is no absent parent; or
bb
there is an absent parent who, or whose partner, was awarded a benefit to which sub-paragraph (a) above refers at the date of death,
the responsible person was the person or the partner of a person responsible for that child for the purposes of Part IX of the Social Security Contributions and Benefits Act 1992, at the date of death, or, as the case may be, a parent of that still-born child; or
iii
in a case where (i) and (ii) above do not apply, the responsible person was an immediate family member of the deceased and it is reasonable for the responsible person to accept responsibility for those expenses; or
iv
in any other case, the responsible person was either–
aa
a close relative (other than an immediate family member) of the deceased; or
bb
a close friend of the deceased,
and it is reasonable for the responsible person to accept responsibility for those expenses.
2
For the purposes of paragraph (1)(e)(iii) and (iv), the deceased shall be treated as having had no partner where the deceased had a partner at the date of death and–
a
no claim for funeral expenses is made by the partner in respect of the death of the deceased; and
b
that partner dies before the date upon which the deceased’s funeral takes place.
3
In a case to which paragraph (1)(e) (iii) or (iv) applies and subject to paragraph (4), the responsible person shall not be entitled to a funeral payment under these Regulations where –
a
there are one or more immediate family members of the deceased (not including any immediate family members who were children at the date of death of the deceased);
b
neither those immediate family members nor their partners have been awarded a benefit to which paragraph (1) (a) refers; and
c
any of the immediate family members to which sub-paragraph (b) above refers was not estranged from the deceased at the date of his death.
4
Paragraph (3) shall not apply to disentitle the responsible person from a funeral payment where the immediate family member to whom that paragraph applies is–
a
a person who is aged less than 19 and who is attending a full-time course of advanced education as defined in regulation 61 of the Income Support Regulations or, as the case may be, a person aged 19 or over but under pensionable age who is attending a full-time course of study at an educational establishment;
b
a member of, and fully maintained by, a religious order;
c
being detained in a prison, remand centre or youth custody institution and either that immediate family member or his partner had been awarded a benefit to which paragraph (1) (a) refers immediately before that immediate family member was so detained; or
d
a person who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975 or, as the case may be, the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975 and either that immediate family member or his partner had been awarded a benefit to which paragraph (1)(a) refers immediately before that immediate family member was first regarded as receiving such treatment.
5
In a case to which paragraph (1)(e)(iii) or (iv) applies, whether it is reasonable for a person to accept responsibility for meeting the expenses of a funeral shall be determined by the nature and extent of that person’s contact with the deceased.
6
Except in a case where paragraph (7) applies, in a case where the deceased had one or more close relatives and the responsible person is a person to whom paragraph (1)(e)(iii) or (iv) applies, if on comparing the nature and extent of any close relative’s contact with the deceased and the nature and extent of the responsible person’s contact with the deceased, any such close relative was –
a
in closer contact with the deceased than the responsible person; or
b
in equally close contact with the deceased and neither that close relative nor his partner, if he has one, has been awarded a benefit to which paragraph (1) (a) refers; or
c
in equally close contact with the deceased and possesses, together with his partner, if he has one, more capital than the responsible person and his partner and that capital exceeds,
i
where the close relative or his partner is aged 60 or over, £1,000; or
ii
where the close relative and his partner, if he has one, are both aged under 60, £500,
the responsible person shall not be entitled to a funeral payment under these Regulations in respect of those expenses.
7
Paragraph (6) shall not apply where the close relative who was in closer contact with the deceased than the responsible person or, as the case may be, was in equally close contact with the deceased–
a
was a child at the date of death; and
b
was the only close relative (not being a child) to whom any of sub-paragraphs (a) to (c) of paragraph (6) applies.
Amount of funeral payment
7A
1
Subject to paragraphs (4) and (5), regulation 8 and Part IV of these Regulations, the amount of a funeral payment shall be an amount sufficient to meet any of the costs which fall to be met or have been met by the claimant or his partner or a person acting on their behalf and which are specified in paragraph (2), inclusive of any available discount on those costs allowed by the funeral director or by any other person who arranges the funeral.
2
The costs which may be met for the purposes of paragraph (1) are–
a
except where sub-paragraph (b) applies, in the case of a burial –
i
the necessary costs of purchasing a new burial plot for the deceased, together with an exclusive right of burial in that plot;
ii
the necessary costs of the burial;
b
in the case of a cremation–
i
the necessary costs of the cremation, including medical references;
ii
the cost of any necessary registered medical practitioner’s certificates;
iii
the fee payable for the removal of any device as defined for the purposes of the Active Implantable Medical Devices Regulations 1992 save that where that removal is carried out by a person who is not a registered medical practitioner, no more than £20 shall be met in respect of that fee;
c
the cost of obtaining any documentation, production of which is necessary in order to release any assets of the deceased which may be deducted from a funeral payment pursuant to regulation 8;
d
where the deceased died at home or away from home and it is necessary to transport the deceased within the United Kingdom in excess of 50 miles to the funeral director’s premises or to the place of rest, the reasonable cost of transport in excess of 50 miles;
e
where transport is provided by a vehicle for the coffin and bearers and by one additional vehicle, from the funeral director’s premises or the deceased’s place of rest to the funeral and–
i
that transportation necessarily exceeds 50 miles; or
ii
that transportation exceeds 50 miles and the cost of that transportation together with the cost of burial in an existing plot does not exceed the cost which would have been incurred under sub-paragraph (a) above and, where appropriate, under head (i) of this sub-paragraph,
the reasonable cost of transport in excess of 50 miles;
f
the reasonable expenses of one return journey within the United Kingdom for the responsible person, either for the arrangement of, or attendance at, the funeral;
g
any other funeral expenses which shall not exceed £600 in any case.
3
All references in paragraph (2) (d) and (e) to a distance of 50 miles shall be construed as applying to the total distance of the journey referred to in those sub-paragraphs.
4
The cost of items and services which may be met under paragraph (2) (a), (d) and (e) shall not be taken to include any element in the cost of those items and services which relates to a requirement of the deceased’s religious faith.
5
Where items and services have been provided on the death of the deceased under a pre-paid funeral plan or under any analogous arrangement–
a
no funeral payment shall be made in respect of items or services referred to in paragraph (2) which have been provided under such a plan or arrangement; and
b
paragraph (2) (g) shall have effect in relation to that particular claim as if for the sum “£600”, there were substituted the sum “£100”.
.
Amendment of regulation 8 of the General Regulations
6
1
Regulation 8 of the General Regulations (deductions from an award of a funeral payment) shall be amended in accordance with the following paragraphs.
2
After “8.” there shall be inserted “-(1)”.
3
In the renumbered paragraph (1) –
a
before the words “There shall be deducted” there shall be inserted the words “Subject to paragraph (2),”;
b
in sub-paragraph (c) –
i
after the words “any contribution” there shall be inserted the words “towards funeral expenses”;
ii
the words from “, but only to the extent” to the end of the sub-paragraph shall be omitted;
c
for sub-paragraph (e) there shall be substituted the following sub-paragraph–
e
in relation to a pre-paid funeral plan or any analogous arrangement–
i
where the plan or arrangement had not been paid for in full prior to the death of the deceased, the amount of any sum payable under that plan or arrangement in order to meet the deceased’s funeral expenses;
ii
where the plan or arrangement had been paid for in full prior to the death of the deceased, the amount of any allowance paid under that plan or arrangement in respect of funeral expenses.
.
4
After paragraph (1) there shall be added the following paragraph –
2
The amount of any payment made under the Macfarlane Trust, the Macfarlane (Special Payment) Trust, the Macfarlane (Special Payments) ( No. 2) Trust, the Fund or the Eileen Trust shall be disregarded from any deduction made under this regulation and for the purpose of this paragraph, “the Macfarlane Trust”, “the Macfarlane (Special Payments) Trust”, “the Macfarlane (Special Payments) (No. 2) Trust”, “the Fund” and “the Eileen Trust” shall have the same meaning as in regulation 2(1) of the Income Support Regulations.
.
Amendment of regulation 9 of the General Regulations
7
In regulation 9 of the General Regulations (effect of capital)–
a
in paragraph (2) (a), after the words “entitlement to income support” there shall be inserted the words “or, as the case may be, to income-based jobseeker’s allowance”;
b
in paragraph (3) (c), for “7(3) and (4)” there shall be substituted “7A(2)”.
Amendment of the Social Security (Claims and Payments) Regulations
8
For the entry in column (2) of paragraph 8 of Schedule 4 to the Social Security (Claims and Payments) Regulations 1987 (prescribed time for claiming a maternity payment), there shall be substituted the following entry–
The period beginning 11 weeks before the first day of the expected week of confinement and ending 3 months after–
a
the actual date of confinement; or
b
in the case of an adopted child, the date of the adoption order; or
c
in the case of a child in respect of whom an order has been granted pursuant to section 30 of the Human Fertilisation and Embryology Act , the date of that Order.
.
Transitional provision
9
Where, in respect of a death which occurs before 7th April 1997, a claim is made for funeral expenses from the social fund in respect of a funeral which takes place on or before 7th July 1997, regulations 2, 3(b), 5, 6 and 7 of these Regulations shall not have effect with respect to that claim.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
12th March 1997


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Nevill Hall and District National Health Service Trust (Establishment) Amendment Order 1997 and shall come into force on 28th November 1997.
Amendment of Establishment Order
2
For Article 3 of the Nevill Hall and District National Health Service Trust (Establishment) Order 1993 there shall be substituted the following Article: —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be —
a
subject to sub-paragraph (b) below, to own and manage under section 5(1)(a) of the Act hospital accommodation and services provided at Nevill Hall Hospital, Abergavenny, NP7 7EG and associated hospitals;
b
to provide and manage under section 5(1)(b) of the Act hospital accommodation and services at the Day Surgery/Endoscopy Unit, Nevill Hall Hospital, Abergavenny, NP7 7EG; and
c
to manage under section 5(1)(a) of the Act community health services provided from Nevill Hall Hospital, Abergavenny, NP7 7EG and to own the associated premises.
.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
23rd October 1997


text:
Title and commencement
1
These Regulations may be cited as the Medicines (Medicated Animal Feeding Stuffs) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
Amendment of the Medicines (Medicated Animal Feeding Stuffs) ( No. 2) Regulations 1992
2
For Schedule 3 to the Medicines (Medicated Animal Feeding Stuffs) (No. 2) Regulations 1992 there shall be substituted the Schedule set out in the Schedule to these Regulations.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
25th February 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
25th February 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
26th February 1997
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland
P J Small
Permanent Secretary
28th February 1997.
We consent,
Roger Knapman
Gyles Brandreth
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 1997


text:
Citation and Commencement
1
This Order may be cited as the Air Navigation (Second Amendment) Order 1997 and shall come into force on 27th March 1997.
2
The Air Navigation ( No. 2) Order 1995 shall be amended as follows:
1
For article 34 there shall be substituted:
Public transport aircraft not registered in the United Kingdom — aerodrome operating minima
34
1
This article shall apply to public transport aircraft registered in a country other than the United Kingdom.
2
An aircraft to which this article applies shall not fly in or over the United Kingdom unless the operator thereof has made available to the flight crew aerodrome operating minima which comply with paragraph (3) in respect of every aerodrome at which it is intended to land or take off and every alternate aerodrome.
3
The aerodrome operating minima provided in accordance with paragraph (2) shall be no less restrictive than either: —
a
minima calculated in accordance with the notified method for calculating aerodrome operating minima; or
b
minima which comply with the law of the country in which the aircraft is registered,
whichever are the more restrictive.
4
An aircraft to which this article applies shall not:
a
conduct a Category II , Category IIIA or Category IIIB approach and landing or
b
take off when the relevant runway visual range is less than 150 metres,
otherwise than under and in accordance with the terms of an approval granted by the Authority. Such an approval shall be in writing and may be granted subject to such conditions as the Authority thinks fit.
5
An aircraft to which this article applies shall not take off or land at an aerodrome in the United Kingdom in contravention of the specified aerodrome operating minima.
6
Without prejudice to the provisions of paragraphs (4) and (5), an aircraft to which this article applies, when making a descent to an aerodrome, shall not descend from a height of 1000 feet or more above the aerodrome to a height of less than 1000 feet above the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing.
7
Without prejudice to the provisions of paragraphs (4) and (5), an aircraft to which this article applies, when making a descent to an aerodrome, shall not:
a
continue an approach to landing at any aerodrome by flying below the relevant specified decision height; or
b
descend below the relevant specified minimum descent height,
unless in either case from such height the specified visual reference for landing is established and is maintained.
8
In this article:
a
“specified” means specified by the operator in the aerodrome operating minima made available to the flight crew pursuant to paragraph (2);
b
“a Category II approach and landing” means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with:
i
a decision height below 200 feet but not less than 100 feet; and
ii
a runway visual range of not less than 300 metres;
c
“a Category IIIA approach and landing” means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with:
i
a decision height lower than 100 feet; and
ii
a runway visual range of not less than 200 metres; and
d
“a Category IIIB approach and landing” means a landing following a precision approach using an Instrument Landing System or Microwave Landing System with:
i
a decision height lower than 50 feet or no decision height; and
ii
a runway visual range less than 200 metres but not less than 75 metres.
.
2
For article 42 there shall be substituted:
Minimum navigation and height keeping performance
42
1
An aircraft registered in the United Kingdom shall not fly in airspace prescribed for the purposes of this article unless it is equipped with navigation systems which enable the aircraft to maintain the prescribed navigation performance capability.
2
An aircraft registered in the United Kingdom shall not fly in such of the airspace prescribed for the purposes of this article as has been notified for the purposes of this paragraph unless it is equipped with height keeping systems which enable the aircraft to maintain the prescribed height keeping performance capability.
3
The equipment required by paragraphs (1) and (2) shall be approved by the Authority, installed and maintained in a manner approved by the Authority and shall, while the aircraft is flying in the notified airspace, be operated in accordance with procedures approved by the Authority.
4
An approval granted by the Authority for the purposes of this article shall be in writing and may be subject to such conditions as the Authority thinks fit.
.
3
In article 51(2)(a), (3)(a) and (4), for “weapon” on each occasion it appears there shall be substituted “sporting weapon”.
4
For article 51(5) there shall be substituted:
5
For the purposes of this article:
a
‘munition of war’ means
i
any weapon or ammunition;
ii
any article containing an explosive, noxious liquid or gas; or
iii
any other thing,
which is designed or made for use in warfare or against persons including parts, whether components or accessories, for such weapon, ammunition or article;
b
‘sporting weapon’ means
i
any weapon or ammunition;
ii
any article containing an explosive, noxious liquid or gas; or
iii
any other thing, including parts, whether components or accessories, for such weapon, ammunition or article:
which is not a munition of war.
.
5
In article 118(1), in the definition of “Air traffic control centre” for the words ““Air traffic control centre”” there shall be substituted ““Area control centre””.
6
In article 118(1), for the definition of “Air transport undertaking” there shall be substituted““Air transport undertaking” means an undertaking whose business includes the undertaking of flights for the purposes of public transport of passengers or cargo;”.
7
In Schedule 7, in the heading, for “Approved Navigational Equipment” there shall be substituted “Suitable Navigational Equipment”.
8
In Schedule 9, paragraph 2:
a
in sub-paragraph (4) for “air traffic control centre” there shall be substituted “area control centre”;
b
in sub-paragraph (5) for “an Air Traffic Control Centre Rating” there shall be substituted“an Area Control Centre Rating” and for “air traffic control centre” there shall be substituted “area control centre”.
9
In Schedule 10, Part B:
a
in paragraph 1(6)(b)(i), for “(2)(c)(ii)” there shall be substituted “(2)(d)”;
b
in paragraph 1(6)(b)(ii) and 1(6)(c)(i), for “(2)(c)(i)” there shall be substituted “(2)(c)”;
c
in paragraph 2(1), for “article 30(2)” there shall be substituted “article 30(3)”.
10
In Schedule 11, for “article 10” there shall be substituted “article 11” and for “article 15”there shall be substituted “article 16”.
11
In Schedule 12, Part A in the column headed “Subject Matter” adjacent to the reference to article 42 for “Requirement for minimum navigation performance system” there shall be substituted “Requirement for minimum navigation and height keeping performance capability”.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 1997 and shall come into force —
a
for the purposes of this regulation and of regulations 4 and 5, on 21st March 1997;
b
for the purposes of regulation 8, on 6th April 1997; and
c
for all other purposes, on 7th April 1997.
Amendment of the Jobseeker’s Allowance Regulations 1996
2
1
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (3) of regulation 1 (interpretation), in the definition of “week” after the word “in” there shall be inserted the words “the definitions of “full-time course of advanced education” and of “full-time student” and”.
3
In paragraph (b)(ii) of regulation 42 (appeals to the Social Security Appeal Tribunal) for “( S.I. 1996/ )” there shall be substituted “(S.I. 1996/207 )”.
4
In paragraph (2) of regulation 48 (linking periods), in sub-paragraph (e) , after the words “6th October” there shall be inserted the figure “1996”.
5
In paragraph (1) of regulation 51 (remunerative work), for the words “work is work” there shall be substituted the words “ “work” is work”.
6
In regulation 72 (good cause for the purposes of section 19(5)(a) and (6)(c) and (d)) —
a
in paragraph (5), sub-paragraph (c) shall be omitted;
b
after paragraph (5) there shall be inserted the following paragraph —
5A
A person is to be regarded as having good cause for any act or omission for the purposes of section 19(6)(c) and (d) if —
a
in a case where it has been agreed that the claimant may restrict his hours of availability to less than 24 hours a week, the employment in question is for less than 16 hours a week; or
b
in a case not falling within sub-paragraph (a), the employment is for less than 24 hours a week.
.
7
In regulation 75 (interpretation for the purposes of section 19 and Part V) —
a
in paragraph (2), after the words “regulation 69” there shall be inserted the words “and the first occasion on which the word occurs in regulation 72(5A)(a) ”;
b
in paragraph (3), for the words “and regulation 69” there shall be substituted the words “, regulation 69 and the first occasion on which the word occurs in regulation 72(5A)(a)”.
8
In paragraph (1) of regulation 80 (deductions in respect of earnings), for the word “week” there shall be substituted the words “benefit week”.
9
In paragraph (2) of regulation 81 (payments by way of pensions), for sub-paragraph (c), there shall be substituted the following sub-paragraph —
c
any payments from a personal pension scheme, an occupational pension scheme or a public service pension scheme which are payable to him and which arose in accordance with the terms of such a scheme on the death of a person who was a member of the scheme in question.
.
10
In paragraph (1) of regulation 85 (applicable amounts in special cases), for the words “capital is calculated” there shall be substituted the words “capital, if calculated”.
11
In paragraph (1) of regulation 97 (calculation of weekly amount of income), for the word “(6)”, there shall be substituted the word “(7)”.
12
In paragraph (2) of regulation 98 (earnings of employed earners), after sub-paragraph (f) there shall be added the following sub-paragraph —
g
any lump sum payment made under the Iron and Steel Re-adaptation Benefits Scheme
.
13
In paragraph (5) of regulation 103 (calculation of income other than earnings), for the word “week” there shall be substituted the words “benefit week”.
14
In paragraph (e) of Schedule 3 (the Greater London area), for the word “Old” there shall be substituted the word “old”.
15
In paragraph 11 of Schedule 5 (applicable amount for couple or member of couple taking child or young person abroad for treatment), in sub-paragraph (2)(a) of Column (1), for the words “available for an actively seeking” there shall be substituted the words “available for and actively seeking”.
16
In paragraph 38 of Schedule 7 (disregard of sums in the calculation of income other than earnings), for the word “week” there shall be substituted the words “benefit week”.
Amendment of the Social Security (Back to Work Bonus) ( No. 2) Regulations 1996
3
1
The Social Security (Back to Work Bonus) (No. 2) Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 5 (periods of entitlement which do not qualify) —
a
in paragraph (1), for the words “paragraph (3)” there shall be substituted the words “paragraph (4)”;
b
in paragraph (4) —
i
in sub-paragraph (b), for the words “paragraph (4)” there shall be substituted the words “paragraph (5)”;
ii
in sub-paragraph (c) —
aa
after the word “(hardship)” there shall be inserted the word “because”,
bb
in head (ii) for the words “paragraph (5)” there shall be substituted the words “paragraph (6)”;
c
in paragraph (5), for the words “Paragraph (3)(b)” there shall be substituted the words “Paragraph (4)(b)”.
3
In paragraph (4) of regulation 13 (single persons who become couples) the words “to the members of the polygamous marriage and references to each member of the couple were references” shall be omitted.
4
In paragraph (3) of regulation 18 (death) after the words “regulation 6” there shall be inserted the words “where that partner becomes entitled to a qualifying benefit no more than 12 weeks after the date of death”.
5
In paragraph (6) of regulation 19 (trade disputes) for the words “the partner’s earnings” there shall be substituted the words “that partner’s or that person’s earnings”.
Amendment of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996
4
1
The Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (2) of regulation 3 (linking periods), in sub-paragraph (a), for the words “paragraph (3)” there shall be substituted the words “paragraph (5)”.
3
In paragraph (6) of regulation 8 (claims for entitlement to a jobseeker’s allowance) —
a
for the words “paragraph (3)” there shall be substituted the words “paragraph (4)”;
b
after the word “applies” there shall be inserted the words “or 156 days in a case to which paragraph (5) applies”.
4
In paragraph (3) of regulation 9 (further provisions applying to a continuing entitlement to a jobseeker’s allowance), in sub-paragraph (b) —
a
at the end of head (i) there shall be inserted the word “or”;
b
in head (ii), after the words “that day” there shall be inserted the words “is after the last day of the transitionally protected period and”;
c
at the end of head (ii), “; or” shall be omitted;
d
head (iii) shall be omitted.
5
In paragraph (7) of regulation 10 (transitionally protected period), after the words “paragraph 1 of” there shall be inserted the words “Part I of”.
Amendment of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978
5
In section 36(9) of the National Insurance Act 1965 , as continued in force by paragraph (3) of regulation 3 of, and Schedule 1 to, the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 , for the words “regulation 9(5) of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995” there shall be substituted the words “regulation 10(6) of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 ”.
Amendment of the Social Security (General Benefit) Regulations 1982
6
In regulation 9 of the Social Security (General Benefit) Regulations 1982 (payment of benefit and suspension of payments pending a decision on appeals or references, arrears and repayments), paragraphs (5), (6) and (6A) shall be omitted.
Amendment of the Income Support (General) Regulations 1987
7
In regulation 35 of the Income Support (General) Regulations 1987 (earnings of employed earners) —
a
in paragraph (2), after sub-paragraph (d) there shall be added the following sub-paragraph —
e
any lump sum payment made under the Iron and Steel Re-adaptation Benefits Scheme
;
b
in paragraph (3), in sub-paragraph (a)(ii), for the word “(d)” there shall be substituted the word “(e)”.
Amendment of the Social Security (Child Maintenance Bonus) Regulations 1996
8
1
The Social Security (Child Maintenance Bonus) Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 1 (citation, commencement and interpretation) —
a
in paragraph (2), in the definition of “child maintenance” in sub-paragraph (b), for the words “to a parent with care” there shall be substituted the words “to a person with care”; and
b
in paragraph (7) after the words “these Regulations” there shall be inserted the words “other than regulation 4 (bonus period)”.
3
In regulation 3 (entitlement to a bonus), after paragraph (1) there shall be inserted the following paragraph —
1A
In the case of an applicant who satisfies the requirements of paragraph (1)(f) but whose entitlement, or whose partner’s entitlement, to a qualifying benefit ceased otherwise than as a result of satisfying the work condition, for sub-paragraph (d) of paragraph (1) there shall be substituted the following sub-paragraph —
d
had the work condition been satisfied on the day she, or her partner, was last entitled to a qualifying benefit, that entitlement would as a consequence have ceased.
.
4
In regulation 4 (bonus period) —
a
in paragraph (1), after the words “7th April 1997” there shall be inserted the words “, other than days to which paragraph (9) applies,” and in sub-paragraph (c), for head (i) there shall be substituted the following head —
i
taken into account in determining, for the purposes of the qualifying benefit, the amount of the claimant’s income.
;
b
in paragraph (3), in sub-paragraph (b), head (i) shall be omitted;
c
in paragraph (7), for sub-paragraph (b), there shall be substituted the following sub-paragraph —
b
on the date of death of a person with care of a qualifying child to whom child maintenance is payable.
; and
d
after paragraph (7), there shall be added the following paragraphs —
8
In paragraphs (1)(c)(i) and (9) “claimant” —
a
where the qualifying benefit is income support, means a person who claims income support; and
b
where the qualifying benefit is a jobseeker’s allowance, means a person who claims a jobseeker’s allowance.
9
This paragraph applies to days on which the claimant is a person to whom —
a
regulation 70 of the Income Support (General) Regulations 1987 (urgent cases) applies other than by virtue of paragraph (2)(a) of that regulation (certain persons from abroad), or
b
regulation 147 of the Jobseeker’s Allowance Regulations 1996 applies other than by virtue of paragraph (2)(a) of that regulation.
.
5
In regulation 5 (amount payable) paragraphs (2) and (4) shall be omitted.
6
In regulation 6 (Secretary of State estimates) in paragraph (1), for the words “who is in receipt of a qualifying benefit” there shall be substituted the words “with care”, and for the words “the person in receipt of the qualifying benefit”, there shall be substituted the words “that person”.
7
In regulation 7 (death of a person with care of a child), in paragraph (1), in sub-paragraph (a), for the words “child in respect of whom child maintenance is payable dies;” there shall be substituted the words “qualifying child to whom child maintenance is payable dies;”.
8
In regulation 10 (claiming a bonus), in paragraph (1) —
a
in sub-paragraph (b) the words “or entitlement to the qualifying benefit” shall be omitted;
b
for sub-paragraph (c) there shall be substituted the following sub-paragraph —
c
where —
i
a person with care cares for one child only; and
ii
that child dies,
in the period not exceeding 12 months which begins on the date the child died and throughout which she, or where she has a partner, her partner is entitled to a qualifying benefit; or
.
9
In regulation 15 (capital to be disregarded) —
a
in paragraph (a) for the words “paragraph 48” there shall be substituted the words “paragraph 50”;
b
in paragraph (b) for the words “paragraph 49” there shall be substituted the words “paragraph 51”;
c
in paragraph (c) for the words “paragraph 50” there shall be substituted the words “paragraph 52”; and
d
in paragraph (d) for the words “paragraph 50” there shall be substituted the words “paragraph 52”.
10
In regulation 16 (no deduction from bonus), which adds words to and inserts a regulation in other Regulations, where the words added or the regulation inserted include the words “Child Maintenance Bonus” for those words there shall be substituted the words “Social Security (Child Maintenance Bonus)”.
Revocations
9
The Social Security (General Benefit) Amendment Regulations 1984 and regulation 2(13)(b)(iii) of the Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 are hereby revoked.
Signed in connection with regulation 2(3), (6) and (7) of these Regulations by authority of the Secretary of State for Education and Employment.
Eric Forth
Minister of State,
Department for Education and Employment
24th February 1997
Signed in connection with the remainder of these Regulations by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
24th February 1997


text:
1
This Order may be cited as The A312 Trunk Road (The Parkway, 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 A312 The Parkway should be restricted at its junction with Cranford High Street because works are being or are proposed to be executed on or near the junction of those roads.
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 proceeding southbound on the A312 The Parkway, Hounslow, to turn left into Cranford High Street.
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.
Signed in accordance with a direction from the Secretary of State for Transport
Derek Turner
Traffic Director for London
5th January 1997


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


text:
1
This Order may be cited as the Value Added Tax (Cars) (Amendment) Order 1997 and shall come into force on 3rd July 1997.
2
The Value Added Tax (Cars) Order 1992 shall be amended in accordance with the following provisions of this Order.
3
For article 8(2)(c) there shall be substituted —
c
a transaction except one relating to the transfer of the assets of a business or part of a business as a going concern which was treated by virtue of any Order made or having effect as if made under section 5(3) of the Act or under the corresponding provisions of the Manx Act as being neither a supply of goods nor a supply of services,
.
4
After article 8(2)(c) there shall be inserted —
d
a transaction relating to the transfer of the assets of a business or part of a business as a going concern which was treated as neither a supply of goods nor a supply of services if the transferor took possession of the goods in any of the circumstances described in this paragraph.
.
Bob Ainsworth
Graham Allen
Two of the Lord Commissionersof Her Majesty’s Treasury
2nd July 1997


text:
1
This Order may be cited as The A406 London North Circular Trunk Road (East London River Crossing (A13 to A2)) Orders 1988 and 1991, Revocation Order 1997 and shall come into force on 26th March 1997.
2
The following Orders are hereby revoked:
a
The A406 London North Circular Trunk Road (East London River Crossing (A13 to A2) Trunk Road and Slip Roads) Order 1988 ;
b
The A406 London North Circular Trunk Road (East London River Crossing (A13 to A2) Supplementary Trunk Road and Slip Roads) Order 1988 ;
c
The A406 London North Circular Trunk Road (East London River Crossing (A13 to A2) Slip Roads) Order 1991 ; and
e
The A406 London North Circular Trunk Road (East London River Crossing (A13 to A2) No. 2 Bridge) Order 1991 .
Signed by authority of the Secretary of State for Transport
D. W. Ward
Director Road Programme Directorate, Southern Operations
7th March 1997


text:
1
This Order may be cited as the Fishery Limits Order 1997 and shall come into force on the date on which the United Nations Convention on the Law of the Sea enters into force in respect of the United Kingdom. This date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
It is hereby declared that between Latitude 56° 17' 22"N, Longitude 10° 15' 38"W and Latitude 60° 02' 16"N, Longitude 10° 29' 21"W, British fishery limits extend to the lines specified in the Schedule to this Order.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Personal Equity Plan (Amendment) Regulations 1997 and shall come into force on 20th March 1997.
Interpretation
2
In these Regulations “the principal Regulations ” means the Personal Equity Plan Regulations 1989 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
1
In regulation 4(2) after the words “specified in” there shall be inserted the words “sub-paragraph (a), (b) or (c) of”.
2
In regulation 4(2A) for sub-paragraph (b) there shall be substituted —
b
in connection with the transfer of the whole of the business of a building society (“the society”) to a company which has share capital (“the successor company”) in accordance with section 97 and the other applicable provisions of the Building Societies Act 1986 shares in the successor company which satisfy the conditions prescribed by paragraph (2B) are allotted or allocated to the qualifying individual by virtue of his being at a relevant time a member of the society or an employee, former employee or pensioner of the society or of a company which is a wholly-owned subsidiary of the society —
i
in priority to other persons, or
ii
for consideration of an amount or value lower than the market price of the shares, or
iii
free; or
c
in connection with the transfer of the whole or part of the business of a mutual insurance company (“the mutual”) to a company which has share capital (“the acquiring company”) under a scheme to which Schedule 2C to the Insurance Companies Act 1982 applies, or (on the assumption, where it is not in fact the case, that the mutual is carrying on business through a branch in the United Kingdom) would apply but for section 15(1A) of that Act, shares in a company which is either the acquiring company or a company of which the acquiring company is a wholly-owned subsidiary, and which satisfy the conditions prescribed by paragraph (2B), are allotted or allocated to the qualifying individual by virtue of his being at a relevant time a member of the mutual or an employee, former employee or pensioner of the mutual or of a company which is a wholly-owned subsidiary of the mutual —
i
in priority to other persons, or
ii
for consideration of an amount or value lower than the market price of the shares, or
iii
free.
3
After regulation 4(2A) there shall be inserted —
2B
The conditions prescribed by this paragraph are that the shares —
a
are qualifying investments for general plans or, as the case may be, single company plans, and
b
have not been allocated or appropriated to the qualifying individual in accordance with the provisions of an approved share option scheme or an approved profit sharing scheme.
2C
In this paragraph and in paragraphs (2A) and (2B) —
“employee” includes any officer or director of the building society or the mutual insurance company or of a company which is a wholly-owned subsidiary of the building society or the mutual insurance company and any other person taking part in the management of the affairs of the building society or the mutual insurance company or of a company which is a wholly-owned subsidiary of the building society or the mutual insurance company;
“member”, in relation to a building society or a mutual insurance company, includes a person who is entitled to become a member;
“mutual insurance company” means an insurance company carrying on business without having any share capital;
“insurance company” has the meaning given in section 96 of the Insurance Companies Act 1982;
“pensioner” means a person entitled (whether presently or prospectively) to a pension, lump sum, gratuity or other like benefit, which is referable to the service of any person as an employee of the building society or the mutual insurance company or of a company which is a wholly-owned subsidiary of the building society or the mutual insurance company;
“a relevant time” means a time at which, under the arrangements described in sub-paragraph (b) or (c) of paragraph (2A), a person is required to be a member, employee, former employee or pensioner of the building society, mutual insurance company or company which is a wholly-owned subsidiary of the building society or mutual insurance company, in order to qualify for the allotment or allocation of shares on the terms set out in those sub-paragraphs;
a company shall be deemed to be a “wholly-owned subsidiary” of a building society, a mutual insurance company or another company if and so long as all its ordinary share capital is owned directly or indirectly by that building society, mutual insurance company or other company and section 838 of the Taxes Act shall apply for construing what is meant by directly or indirectly owning ordinary share capital of a company.
4
In regulation 4(3) —
a
in sub-paragraph (aa) after the word “that” there shall be inserted “, in relation to shares referred to in paragraph (2A)(a),”;
b
in paragraph (i) of sub-paragraph (b) after the words “paragraph (2A)(b)” there shall be inserted the words “, any sum payable for such an allotment or allocation as is referred to in paragraph (2A)(c)”.
4
In regulation 4A(3)(c) after the words “regulation 4(2A)(b)” there shall be inserted the words “, any sum payable for such an allotment or allocation as is referred to in regulation 4(2A)(c)”.
5
In regulation 24A(3)(a)(i) after the words “ordinary shares” there shall be inserted the words “, not being shares in an investment trust,”.
Richard Ottaway
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
26th February 1997


text:
Citation and commencement
1
This Order may be cited as the East Glamorgan National Health Service Trust (Transfer of Trust Property) Order 1997 and shall come into force on 31st December 1997.
Transfer of Trust Property
2
On 31st December 1997 the items of trust property specified in a schedule dated 30th June 1997 prepared by and agreed upon by the Rhondda Health Care National Health Service Trust and the East Glamorgan National Health Service Trust shall transfer from the Rhondda Health Care National Health Service Trust to the East Glamorgan National Health Service Trust.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
2nd December 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North and Mid Hampshire Health Authority (Transfers of Trust Property) Order 1997 and shall come into force on 20th March 1997.
2
In this Order —
“the Authority” means the North and Mid Hampshire Health Authority;
“the Schedule” means the Schedule to this Order;
“the trust property” means, in the case of each body specified in column (1) of the Schedule, the items specified in a schedule of trust property prepared, agreed upon and signed on behalf of the Authority and that body on 16th January 1997.
Transfer of trust property
2
On 20th March 1997 the trust property which is trust property in relation to an NHS trust specified in the Schedule shall be transferred from the Authority to that NHS trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
19th February 1997


text:
Citation and commencement
1
These Regulations may be cited as the Air Quality Regulations 1997 and shall come into force on the day after the seventh day on which they are made.
Interpretation
2
1
In these Regulations, “the 1995 Act” means the Environment Act 1995.
2
The provisions of the Schedule to these Regulations which follow the Table in that Schedule shall have effect for the purpose of the interpretation of that Schedule.
Relevant period
3
1
The relevant period for the purposes of section 86(3) of the 1995 Act shall, in relation to the preparation of an action plan to which that section applies, be the period of 9 months beginning with the date on which the district council preparing the action plan first consults the relevant county council in relation to the plan pursuant to paragraph 1(2)(e) of Schedule 11 to the 1995 Act.
2
The relevant period for the purposes of the other provisions of Part IV of the 1995 Act shall be the period beginning with the date on which these Regulations come into force and ending on 31st December 2005.
Air quality objectives
4
1
The air quality objective for each substance listed in the first column of the Table in the Schedule to these Regulations shall be to restrict, by no later than the end of the relevant period prescribed by regulation 3(2), the level at which that substance is present in the air to the level set out in the second column of that Table for that substance.
2
The achievement or likely achievement of an air quality objective prescribed by paragraph (1) shall be determined by reference to the quality of air at locations which are situated outside of buildings or other natural or man-made structures above or below ground and where members of the public are regularly present.
Signed by authority of the Secretary of State for the Environment
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
16th December 1997.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
16th December 1997.
Sewel
Parliamentary Under Secretary of State, Scottish Office
16th December 1997.


text:
Citation and commencement
1
This Order may be cited as the Sheffield Development Corporation (Dissolution) Order 1997 and shall come into force on 1st April 1997.
Dissolution of the corporation
2
The Sheffield Development Corporation shall be dissolved on 1st July 1997.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
24th March 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Amount to Follow Permanently Excluded Pupil) Regulations 1997 and shall come into force on 1st April 1997.
2
In these Regulations —
“ the Act ” means the Education Act 1996;
“allocation formula” has the meaning assigned to it by section 106(2) of the Act;
“budget share” in relation to a school means the school’s budget share within the meaning of section 101(3)(c) of the Act;
“relevant date” means —
the date upon which permanent exclusion first takes effect in accordance with section 494(9) of the Act; or
in the case of a permanently excluded pupil who is first provided with education in a pupil referral unit or otherwise than at school the date on which that pupil is subsequently admitted to a school; and
“scheme” has the meaning assigned to it by section 101(1) of the Act.
3
In these Regulations “grant-maintained school” does not include a grant-maintained special school.
Determination of amount
2
The appropriate amount of funding —
a
to be transferred for the purposes of section 494(2) of the Act (former provider to pay new provider where pupil permanently excluded from school maintained by local education authority, grant-maintained school or grant-maintained special school);
b
to be subtracted from the budget share of a school covered by a local education authority’s scheme in accordance with that scheme pursuant to section 494(4)(a) of the Act (school’s budget share to be reduced where pupil permanently excluded from school covered by local education authority scheme); and
c
to be allocated for the purposes of such a school in accordance with the scheme pursuant to section 494(4)(b) of the Act (amount to be allocated where permanently excluded pupil admitted to school covered by local education authority scheme),
shall be the amount determined by the application of the following formula —
A × B C
where,
A is, subject to regulation 3, the amount attributable in accordance with the allocation formula under the local education authority’s scheme, as it applies in the financial year in which the relevant date falls, to each registered pupil of the age of the excluded pupil or falling within the age group within which the excluded pupil falls at schools covered by the scheme; and for the purposes of this definition the reference to the local education authority is a reference —
to the local education authority maintaining the school from which the pupil is excluded; or
where the pupil is excluded from a grant-maintained school, the local education authority in whose area the school is situated or, where such a school is situated in the area of more than one local education authority, such local education authority as the Secretary of State, after consultation with those local education authorities concerned, may determine; or
where the pupil is excluded from a grant-maintained special school —
the local education authority by which the school was maintained immediately before it became a grant-maintained special school, or
where that authority is the subject of a structural or boundary change (or both such changes) within the meaning of section 14 of the Local Government Act 1992 , effected by an order made under section 17 of that Act, such other local education authority as the Secretary of State, after consultation with that authority, may determine;
B is the number of days on which the school is to meet in the financial year falling on or after the relevant date; and
C is 190.
3
1
This regulation applies in relation to pupils permanently excluded from secondary schools in England where no amount is attributable in accordance with the allocation formula under the local education authority’s scheme, as it applies in the financial year in which the relevant date falls, in respect of registered pupils of the age of the excluded pupil or falling within the age group within which the excluded pupil falls at schools covered by the scheme.
2
Where this regulation applies, the amount referred to in the definition of “A” in the formula in regulation 2 shall instead be the amount attributable to each registered pupil of the age of the excluded pupil or falling within the age group within which the excluded pupil falls at grant-maintained schools in the area of the local education authority, as determined in accordance with the regulations made under section 244 of the Act in force on the relevant date .
4
The Education (Amount to follow Permanently Excluded Pupil) Regulations 1994 are hereby revoked.
Eric Forth
Minister of State,
Department for Education and Employment
28th February 1997
William Hague
Secretary of State for Wales
4th March 1997


text:
Citation and commencement
1
This Order may be cited as the Local Government Changes for England (Lord-Lieutenants and Sheriffs) Order 1997 and shall come into force on 1st April 1998.
Lord-Lieutenants
2
In the Lieutenancies Act 1997 , in paragraph 3 of Schedule 1 (counties in England for the purposes of the Act), the following entries shall be inserted at the appropriate place in the Table in alphabetical order —
Cambridgeshire Cambridgeshire and Peterborough
;
Cheshire Cheshire, Halton and Warrington
;
Devon Devon, Plymouth and Torbay
;
Essex Essex, Southend-on-Sea and Thurrock
;
Kent Kent and the Medway Towns
;
Lancashire Lancashire, Blackburn and Blackpool
;
Nottinghamshire Nottinghamshire and Nottingham
; and
Shropshire Shropshire and The Wrekin
.
Sheriffs
3
1
In the Sheriffs Act 1887 , in Schedule 2A (counties in England for the purposes of the Act), the following entries shall be inserted at the appropriate place in the Table in alphabetical order —
Cambridgeshire Cambridgeshire and Peterborough
;
Cheshire Cheshire, Halton and Warrington
;
Devon Devon, Plymouth and Torbay
;
Essex Essex, Southend-on-Sea and Thurrock
;
Kent Kent and the Medway Towns
;
Lancashire Lancashire, Blackburn and Blackpool
;
Nottinghamshire Nottinghamshire and Nottingham
; and
Shropshire Shropshire and The Wrekin
.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
12th August 1997


text:
Title and commencement
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Amendment) Order 1997 and shall come into force on 20th October 1997.
Amendments to the Diseases of Animals (Approved Disinfectants) Order 1978
2
The Diseases of Animals (Approved Disinfectants) Order 1978 shall be amended as follows —
a
for the provisions of Schedule 1 to that Order (which lists disinfectants approved by the Minister) there shall be substituted the Schedule set out in Schedule 1 to this Order;
b
for the provisions of Schedule 2 to that Order (which lists disinfectants subject to transitional provisions) there shall be substituted the Schedule set out in Schedule 2 to this Order; and
c
in article 6(2) of that Order (which specifies the date until which the disinfectants subject to transitional provisions remain approved) for the words “30th June 1995” there shall be substituted the words “31st December 1997”.
Revocations
3
The Diseases of Animals (Approved Disinfectants) (Amendment) Order 1994 and the Diseases of Animals (Approved Disinfectants) (Amendment) Order 1996 are hereby revoked.
Jeff Rooker
Minister of State Ministry of Agriculture, Fisheries and Food
22nd September 1997
Brian Wilson
Minister of State Scottish Office
25th September 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under-Secretary of State for Wales
25th September 1997


text:
Citation, commencement, operation and extent
1
1
This Order may be cited as the Angola (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 28th August 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 —
“Angolan aircraft” means —
any aircraft registered in Angola; and
any aircraft which is for the time being in the territory of Angola;
“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 meaning they bear 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, as the case may be, 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;
“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 meaning it bears 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 meanings they bear 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 meanings they bear in the Customs and Excise (General Provisions) (Jersey) Law 1972;
“vehicle” means land transport vehicle.
Supply of aircraft and aircraft components
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,
any aircraft or aircraft components to any person in Angola.
2
Nothing in paragraph (1)(ii) above shall apply where the supply or delivery of the aircraft or aircraft components to the person concerned is authorised by a licence granted under this article.
Exportation of aircraft and aircraft components to Angola
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,
aircraft and aircraft components are prohibited to be exported from any of the Channel Islands to any destination in Angola, or to any destination for the purpose of delivery directly or indirectly, to or to the order of a person in Angola.
Carriage of aircraft and aircraft components destined for Angola
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 aircraft or aircraft components if the carriage is, or forms part of, carriage from any place outside Angola 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, the law 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, as the case may be, 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) 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 Angola 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 Angola 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.
Making available of aircraft to Angola
6
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 enter into, agree to extend, or extend any contract or other arrangement for the purpose of making available for operation in Angola any aircraft or aircraft components.
Servicing of Angolan aircraft
7
Except under the authority of a licence granted under this article —
a
in 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 provide engineering or maintenance servicing for any Angolan aircraft.
Insurance of Angolan aircraft
8
1
This article applies to any contract of insurance, other than a contract of re-insurance, upon any Angolan aircraft or upon the machinery, tackle, furniture or equipment of any such aircraft.
2
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
make payment in full or partial settlement of any claim under a contract of insurance to which this article applies unless the claim is in respect of an incident occurring before the coming into force of this Order;
ii
effect any new contract of insurance, or agree to any variation or extension of any existing contract of insurance, to which this article applies.
UNITA Offices
9
1
No person who is within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and 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, the law of the Bailiwick of Jersey,
shall establish or maintain any office or other premises, under the name of “Uniao Nacional para a Independencia Total de Angola” or “UNITA”.
2
Any person who contravenes the provisions of paragraph (1) above shall be guilty of an offence under this Order.
Application of articles 3, 6, 7 and 8
10
1
The provisions of articles 3, 6, 7 and 8 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 law of the Bailiwick of Jersey.
2
Subject to the provisions of paragraphs (3) to (6) below, any person specified in paragraph (1) above who contravenes the provisions of article 3, 6, 7 or 8 above shall, in the Bailiwick in question, be guilty of an offence.
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 in Angola.
4
In the case of proceedings for an offence in contravention of article 6 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 purpose was to make available the aircraft or component for operation in Angola.
5
In the case of proceedings for an offence in contravention of article 7 above in relation to an Angolan aircraft it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the aircraft was an Angolan aircraft.
6
In the case of proceedings for an offence in contravention of article 8 above it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that that aircraft was an Angolan aircraft or that the machinery, tackle, furniture or equipment was part of such an aircraft.
Powers to demand evidence of destination which goods reach
11
Any exporter or any shipper of aircraft or aircraft components which have been exported from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey 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.
12
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
13
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 aircraft or aircraft components which are destined for Angola or for delivery, directly or indirectly, to any person in Angola; 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
14
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) above, 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 officer or that authorised person 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 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 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 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 Angola 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
15
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 for the time being in force in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey.
Penalties and proceedings
16
1
Any person guilty of an offence under article 5(3) or article 10(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;
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 14(10)(b)(ii) above or paragraph 5(b) or (d) of the Schedule 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 to a fine or to 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 12(1) or (2) or article 13(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 11 or article 13(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 14(10)(a), (b)(i) or (c) above or paragraph 5(a) or (c) of the Schedule to this Order shall be liable —
i
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
ii
in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine or to both.
6
Any person guilty of an offence under 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.
7
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.
8
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.
9
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.
10
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 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
17
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 may 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 the Schedule 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, commencement and interpretation
1
1
This Order may be cited as the Oxleas 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 Oxleas 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