text:
PART I
General
Citation, commencement and duration
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Workskill Courses) Pilot (No. 2) Regulations 1997 and shall come into force on 1st September 1997.
2
These Regulations (other than the transitional provisions of regulation 26) shall cease to have effect on 31st August 1998, unless revoked with effect from an earlier date.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Jobseekers Act 1995;
“benefit” means income support, unemployment benefit or jobseeker’s allowance and “receiving benefit” means receiving benefit which that person has claimed and received as an unemployed person or in accordance with Part I of the Act, but does not include jobseeker’s allowance received by virtue of an entitlement under regulation 170 of the Jobseeker’s Allowance Regulations ;
“caring responsibilities” has the same meaning as in regulation 4 of the Jobseeker’s Allowance Reghlations;
“casual employment” means employment from which the employee can be released without his giving any notice or, if he is required to give notice, employment from which he can be released before the end of the vacation;
“employment officer” means an officer of the Secretary of State;
“employment-related course” has the same meaning as it has in regulation 1(3) of the Jobseeker’s Allowance Regulations;
“examination” means an examination which is specified as an examination related to the workskill course in a document signed on behalf of the establishment at which the workskill course is being undertaken;
“full-time employment” means remunerative work as defined in regulation 51(1)(a) of the Jobseeker’s Allowance Regulations;
“full-time student” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
“jobseeking period” has the meaning prescribed in regulation 47 and 47A of the Jobseeker’s Allowance Regulations ;
“made a claim for jobseeker’s allowance” includes treated as having made a claim for the allowance and treated as having an award of the allowance in accordance with regulation 5, 6 or 7 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 ;
“part-time employment” means employment which is not full-time employment;
“part-time student” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations;
“period of study” has the same meaning as it has in regulation 4 of the Jobseeker’s Allowance Regulations;
“qualifying person” has the meaning given in regulation 3(1);
“region” means a region set out in Part I of Part II of the Schedule to these Regulations;
“term-time” means the period specified as term-time in relation to a qualifying person in a document signed on behalf of the establishment at which the workskill course is being undertaken;
“vacation” means any period falling within the period of study, as defined in regulation 4 of the Jobseeker’s Allowance Regulations, which is not term-time;
“week” means benefit week as defined in regulation 1(3) of the Jobseeker’s Allowance Regulations except in Part IV where it means any period of seven consecutive days;
“workskill course” has the meaning given in regulation 3(2).
2
In these Regulations, unless the context otherwise requires, a reference
a
to a numbered Part is to the Part of these Regulations bearing that number;
b
to a numbered regulation is to the regulation in these Regulations bearing that number;
c
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number; and
d
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
Application
3
1
For the purposes of these Regulations, a qualifying person is a person —
a
who is undertaking a workskill course,
b
who has undertaken a workskill course and had good cause for any act or omission in relation to that course or who has not previously undertaken a workskill course,
c
with whom an employment officer has agreed that he may undertake a workskill course, having regard to the factors listed in paragraph (3), and
d
who has made a claim for jobseeker’s allowance and has been receiving benefit within a jobseeking period for six months or more at the time he started the workskill course or is due to start the course, and for the purposes of this regulation, the linking provision set out in regulation 48 of the Jobseeker’s Allowance Regulations shall apply.
2
A workskill course is a course which
a
is an employment-related course,
b
lasts no more than 12 consecutive months, and
c
is a course of a description falling within Schedule 2 to the Further and Higher Education Act 1992 or is a programme of learning falling within section 6 of the Further and Higher Education (Scotland) Act 1992 .
3
The factors which an employment officer must take into account when deciding whether to agree that the claimant may undertake a workskill course are:
a
his skills, qualifications and abilities;
b
whether the course would assist him to acquire new skills and qualifications;
c
whether he would have to give up a course of study as defined in regulation 1(3) of the Jobseeker’s Allowance Regulations in order to undertake this course;
d
any needs arising from his physical or mental condition;
e
the time which has elapsed since he was last employed;
f
his work experience;
g
the number of jobs in the labour market and, if relevant, the local labour market, which require the skills and qualifications which he would acquire on the course;
h
any evidence about whether this course or this type of course has facilitated the obtaining by persons of work; and
i
the number of persons attending an office of the Department for Education and Employment in the same region as him in accordance with a notice under regulation 23 of the Jobseeker’s Allowance Regulations to whom Part II or Part III applies, which number shall not normally significantly exceed 2000 in any region.
Modification of Jobseeker’s Allowance Regulations
4
These Regulations modify the Jobseeker’s Allowance Regulations to the extent prescribed in Parts II, III , IV , V and VII in so far as those Regulations apply to a person to whom these Regulations apply.
PART II
Part-Time Students
Application of Part II
5
This Part applies to a qualifying person who is required to attend an office of the Department for Education and Employment which is listed in Part I of the Schedule in accordance with a notice under regulation 23 of the Jobseeker’s Allowance Regulations and who is undertaking a workskill course as a part-time student.
Availability for employment in term-time
6
1
In any week which falls wholly or partly in term-time, regulations 6 and 7 of the Jobseeker’s Allowance Regulations shall not apply to a person who has restricted the total number of hours for which he is available for employment in that week in accordance with paragraph (2).
2
A person to whom this Part applies may restrict the total number of hours for which he is available for employment to less than 40 hours in any week which falls wholly or partly in term-time providing
a
in that week the total number of hours during which he is undertaking the workskill course and is available for employment is at least 40 unless he has restricted the number of hours for which he is available for employment in accordance with regulation 13(3) of the Jobseeker’s Allowance Regulations;
b
the times at which he is available to take up employment (his “pattern of availability”) are such as to afford him reasonable prospects of securing employment unless he has restricted the number of hours for which he is available for employment in accordance with regulation 13(3) of the Jobseeker’s Allowance Regulations;
c
his pattern of availability is recorded in his jobseeker’s agreement and any variations in that pattern are recorded in a varied agreement;
d
he provides evidence as often as may be required by an employment officer within five days of being so required by the employment officer consisting of a document signed by him and on behalf of the establishment at which he is undertaking the workskill course confirming that he is attending the establishment when required to attend, in such form as may be required by the employment officer; and
e
he provides evidence as often as may be required by an employment officer within five days of being so required by the employment officer consisting of a document signed by him and on behalf of the establishment at which he is undertaking the workskill course confirming that he is making satisfactory progress on the course, in such form as may be required by the employment officer.
3
For the purposes of this regulation, in the case of a person who is undertaking a course of study which is funded in whole or in part by the FEFC , the number of hours during which he is undertaking a workskill course in any week shall be the number of guided learning hours per week set out, in the case of a course funded by the FEFC for England, in his learning agreement signed on behalf of the establishment which is funded by the FEFC for the delivery of that course or, in the case of a course funded by the FEFC for Wales, in a document signed on behalf of the establishment which is funded by the FEFC for the delivery of that course.
4
For the purposes of this regulation, in the case of a person who is undertaking a course of study (not being higher education) which is funded in whole or in part by the Secretary of State for Scotland at a college of further education, the number of hours during which he is undertaking a workskill course in any week shall be the number of hourss per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and of any additional hours using structured learning packages supported by the teaching staff, according to the number of hours set out in a document signed on behalf of the college.
5
In this regulation, “college of further education”, “the FEFC” and “higher education” have the same meaning as they have in regulation 1(3) of the Jobseeker’s Allowance Regulations.
Availability of carers in term-time
7
1
In any week which falls wholly or partly in term-time, regulations 6, 7 and 13(4) of the Jobseeker’s Allowance Regulations shall not apply to a person who has restricted the total number of hours for which he is available for employment in any week in accordance with paragraph (2).
2
A person to whom this Part applies who has caring responsibilities may restrict the total number of hours for which he is available for employment to less than 16 hours in any week which falls wholly or partly in term-time in which he is undertaking a workskill course providing
a
in that week he is avaiable for employment for as many hours as his caring responsibilities and his course allow;
b
in that week he is available for the specific hours that those responsibilities and his course allow;
c
the times at which he is available to take up employment (his “pattern of availability”) are recorded in his jobseeker’s agreement and any variation in that pattern are recorded in a varied agreement;
d
he provides evidence as often as may be required by an employment officer within five days of being so required by the employment officer consisting of a document signed by him and on behalf of the establishment at which he is undertaking the workskill course confirming that he is attending the establishment when required to attend, in such form as may be required by the employment officer; and
e
hs provides evidence as often as may be required by an employment officer within five days of being so required by the employment officer consisting of a document signed by him and on behalf of the establishment at which he is undertaking the workskill course confirming that he is making satisfactory progress on the course, in such form as may be required by the employment officer.
Availability and active seeking during examinations
8
A person to whom this Part applies shall be treated as available for and actively seeking employment in any week during any part of which he is taking an examination relating to his workskill course.
Availability during vacations
9
In any week which falls wholly in a vacation, a person to whom this Part applies shall be treated as available for employment in that week if he is willing and able to take up immediately any casual employment and any permanent part-time employment for which he is available in accordance with regulation 6 in any week or part of a week in term-time, providing the times at which he is available to take up employment are such as to afford him reasonable prospects of securing employment unless he has restricted the number of hours for which he is available for employment in accordance with regulation 13(3) of the Jobseeker’s Allowance Regulations.
Active seeking during vacations
10
In any week which falls wholly in a vacation, a person who is treated as available for employment in accordance with regulation 9 shall be treated as actively seeking employment in that week if he takes such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment for which he is available under regulation 9.
PART III
Full-Time Students
Application of Part III
11
This Part applies to a qualifying person who is required to attend an office of the Department for Education and Employment listed in Part II of the Schedule and who is undertaking a workskill course as full-time student.
Circumstances in which a full-time student is to be treated as available for employment during term-time
12
1
A person to whom this Part applies shall be treated as available for employment in any week which falls wholly or partly in term-time providing he
a
is undertaking a workskill course at a full-time student;
b
provides evidence as often as may be required by an employment officer within five days of being so required by the employment officer consisting of a document signed by him and on behalf of the establishment at which he is undertaking the workskill course confirming that he is attending the establishment when required to attend, in such form as may be required by the employment officer; and
c
provides evidence as often as may be required by an employment officer within five days of being so required by the employment officer consisting of a document signed by him and on behalf of the establishment at which he is undertaking the workskill course confirming that he is making satisfactory progress on the course, in such form as may be required by the employment officer.
Disapplication of regulation 15(a) of the Jobseeker’s Allowance Regulations
13
In any week which falls wholly or partly in the period of study, regulation 15(a) of the Jobseeker’s Allowance Regulations shall not apply to a person to whom this Part applies.
Circumstances in which a full-time student is to be treated as actively seeking employment during term-time
14
A person to whom this Part applies shall be treated as actively seeking employment in any week during which he is undertaking a workskill course as a full-time student and which falls wholly or partly in term-time.
Circumstances in which a full-time student is to be treated as available for and actively seeking employment during examinations
15
A person to whom this Part applies shall be treated as available for employment and as actively seeking employment in any week in which he is taking examinations relating to his workskill course.
Availability during vacations
16
In any week which falls wholly in a vacation, a person to whom this Part applies shall be treated as available for employment in that week if he is willing and able to take up immediately any casual employment.
Active seeking during vacations
17
In any week which falls wholly in a vacation, a person who is treated as available for employment in accordance with regulation 16 shall be treated as actively seeking employment in that week if he takes such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment for which he is available under regulation 16.
PART IV
Part-Time and Full-Time Students
“Training Scheme” in section 19
18
In relation to a person to whom Part II or Part III applies, “training scheme” in sub-paragraphs (iii) and (iv) of paragraph (b) and in paragraph (c) of subsection (5) of section 19 of the Act means, in addition to the scheme listed in regulation 75(1)(b) of the Jobseeker’s Allowance Regulations, a workskill course.
Good cause for the purposes of section 19(5)(b)
19
1
Without prejudice to any other circumstancers in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(5)(b) of the Act and in addition to the circumstances listed in regulation 73 of the Jobseeker’s Allowance Regulations, a person to whom Part II or Part III applies is to be regarded as having good cause for any act or omission for the purposes of section 19(5)(b)(iii) and (iv) where
a
the act or omission was in relation to a workskill course undertaken by him and occurred less than four weeks after the first day of the period of study;
b
the act or omission was in relation to a workskill course undertaken by him and was due to his lack of ability;
c
the workskill course was not suitable; or
d
the act or omission was in relation to an employment programme and he was or would have been required to attend the employment programme at a time which would have prevented him from attending the workskill course.
2
In this regulation, a workskill course is suitable if it is suitable for that person is vocationally relevant respects, namely his personal capacity, aptitude, his preference, the level of qualification aimed at, duration of the course and proportion of time, if any, which the person has spent on the training in relation to the length of the course.
Good cause for the purposes of section 19(6)(c) and (d)
20
Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(6)(c) and (d) of the Act, and in addition to the circumstances listed in regulation 72 of the Jobseeker’s Allowance Regulations, 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) where
a
the act or omission took place within a period of four weeks before the end of his workskill course or of his examinations;
b
the employment consists of employment for which he is not required to be available in accordance with these Regulations unless it is permanent full-time employment; or
c
in the case of a person to whom Part II applies, the employment consists of casual full-time employment and he would have to resign from permanent part-time employment to do it.
Modification of regulation 72
21
1
Regulation 72(2)(a) shall read, in relation to a person who has restricted his availability in accordance with Part II or Part III, as if after the word “8” the words “and 13” were deleted and the words “, 13 and the Jobseeker’s Allowance (Workskill Courses) Pilot (No. 2) Regulations 1997” were inserted.
2
Regulation 72(5A) of the Jobseeker’s Allowance Regulations shall not apply to a person falling within Part II.
PART V
Other Persons
Modification of regulations 11 and 18(3)(f)(vi) of the Jobseeker’s Allowance Regulations
22
Subject to regulations 23 and 25, regulations 11 and 18(3)(f)(vi) of the Jobseeker’s Allowance Regulations shall not apply to any person who is required to attend an office of the Department for Education and Employment which is listed in the Schedule in accordance with a notice under regulation 23 of the Jobseeker’s Allowance Regulations.
Application of regulations 11 and 18(3)(f)(vi) of the Jobseeker’s Allowance Regulations
23
Regulations 11 and 18(3)(f)(vi) of the Jobseeker’s Allowance Regulations may apply to a person notwithstanding the fact that he is required to attend an office of the Department for Education and Employment which is listed in the Schedule in accordance with a notice under regulation 23 of those Regulations if he would have been eligible to undertake a workskill course but for the fact that an employment officer did not agree that he might undertake that course because the number of persons attending an office of the Department for Education and Employment in the same region as him to whom Part II or Part III applied significantly exceeded 2000.
PART VI
Modification of other Social Security Regulations
Modification of the Council Tax Benefit (General) Regulations 1992 and of the Housing Benefit (General) Regulations 1987
24
Part V of the Council Tax Benefit (General) Regulations 1992 (students) and Part VII of the Housing Benefit (General) Regulations 1987 (students) shall have effect in relation to a qualifying person to whom Part III applies as if, in both regulation 38 of the Council Tax Benefit (General) Regulations 1992 (interpretation of Part V) and regulation 46 of the Housing Benefit (General) Regulations 1987 (interpretation of Part VII) —
a
in the definition of “course of study”, after the words “any course of study” there were inserted the words “, including a workskill course as defined for the purposes of the Jobseeker’s Allowance (Workskill Courses) Pilot (No. 2) Regulations 1997”;
b
in the definition of “student”, the words “at an educational establishment” were omitted.
PART VII
Transitional Provisions
Continuation of existing modifications for part-time students
25
A part-time student who prior to 1st September 1997 had embarked on a course of study which continues after 1st September 1997 may take advantage of regulations 11 and 18(3)(f)(vi) of the Jobseeker’s Allowance Regulations in respect of that course of study for any remaining period of his period of study or until his award of jobseeker’s allowance has terminated, if sooner.
Transitional Provisions
26
On the expiry of these Regulations, the Jobseeker’s Allowance Regulations shall apply to any person to whom these Regulations applied with the modifications to those Regulations made by these Regulations for any remaining period of his period of study.
Signed for the purposes of Parts I — V and VII of these Regulations on behalf of the Secretary of State for Education and Employment.
Andrew Smith
Minister of State,
Department for Education and Employment.
28th July 1997
Signed for the purposes of Part VI of these Regulations on behalf of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security.
29th July 1997


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These rules may be cited as the Land Registration Rules 1997 and shall come into force on 1st April 1998.
2
In these rules —
a
“the principal rules” means the Land Registration Rules 1925 , and
b
a rule referred to by number means the rule so numbered in the principal rules.
Amendments to the principal rules
2
1
The principal rules have effect subject to the amendments in Schedule 1 to these rules.
2
The forms set out in Schedule 2 to these rules are inserted as Schedule 1 to the principal rules.
3
The Schedule to the principal rules becomes Schedule 2 thereto and has effect subject to the amendments in Schedule 3 to these rules.
4
The schedule set out in Schedule 4 to these rules is added to the principal rules.
Revocation
3
Rules 11, 33, 36, 63, 66, 71, 80, 115, 118, 119, 120, 142, 143, 167, 194, 229 and 233 and Forms 1 to 5, 7, 8, 13, 17, 19, 32, 33, 37 to 39, 43 to 50, 54, 55 and 72 are revoked.
Irvine of Lairg, C.
Dated 9th December 1997


text:
Citation and commencement
1
This Order may be cited as the Public Bodies (Admission to Meetings) (National Health Service Trusts) Order 1997 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Amendment of Schedule to the Public Bodies (Admission to Meetings) Act 1960
2
1
The Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that Act applies) shall be amended as follows.
2
After paragraph 1(k), there shall be added the following sub-paragraph —
l
National Health Service trusts established under section 5(1) of the National Health Service and Community Care Act 1990.
.
3
After paragraph 2(d), there shall be added the following sub-paragraph —
dd
National Health Service trusts established under section 12A of the National Health Service (Scotland) Act 1978 .
.
Frank Dobson
Secretary of State for Health
20th November 1997
Sam Galbraith
Minister for Health, Scottish Office
St. Andrew’s House,
Edinburgh
20th November 1997


text:
Citation and commencement
1
This Order may be cited as The A1 Trunk Road (Barnet) Red Route (Clearway) Traf|fi|c Order 1996 Variation Order 1997, and shall come into force on the 3rd October 1997.
Variations
2
The A1 Trunk Road (Barnet) Red Route (Clearway) Traf|fi|c Order 1996 is varied as provided by the following provisions of this Order.
3
The table in Schedule 1 is deleted and replaced with the following table:
Table
(1) (2) Item Length of Road
1. The A1 Barnet By Pass Road, Barnet Way and Watford Way, north-east side, from the Greater London boundary at Rowley Lane intersection to its junction with the A41 Trunk Road at Fiveways Corner. 2. The A1 Barnet By Pass, Barnet Way and Watford Way, south-west side, from Fiveways Corner roundabout to a point 10 metres south-east of the south-eastern kerbline of Hall Lane. 3. The A1 Barnet By Pass, Watford Way, south-west side, from a point 45 metres north-west of the north-western kerbline of Hall Lane to the Greater London Boundary at Rowley Lane intersection. 4. The roundabout junctions at Stirling Corner, Northway Circus, Mill Hill Circus and Fiveways Corner.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
22th September 1997


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997 and shall come into force on 24th March 1997.
2
These Regulations apply to appeals within the classes prescribed in regulation 3 in respect of which notice is given on or after the coming into force of these Regulations.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the principal Act ” means the Town and Country Planning Act 1990;
“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990;
“statutory undertakers” means statutory undertakers within the meaning of section 262 of the principal Act and other persons who, by virtue of subsection (3) or (6) of that section , are deemed to be statutory undertakers for the purposes of section 266 of that Act.
Classes of appeal for determination by appointed persons
3
1
Except as provided by regulation 4 below, the following classes of appeal are prescribed for the purposes of paragraph 1(1) of Schedule 6 to the principal Act as appeals to be determined by a person appointed by the Secretary of State instead of by the Secretary of State —
a
appeals under section 78 of the principal Act (appeals against planning decisions and failure to take such decisions), including appeals under that section as applied by regulation 15 of the Town and Country Planning (Control of Advertisements) Regulations 1992 (appeals against refusal of or failure to take decision on an application for express consent to display an advertisement);
b
appeals under section 174 of the principal Act (appeals against enforcement notices);
c
appeals under section 195 of the principal Act (appeals against refusal of or failure to give decision on an application for a certificate of lawfulness of existing or proposed use or development).
2
Except as provided by regulation 4 below, the following classes of appeal are prescribed for the purposes of paragraph 1(1) of Schedule 3 to the Listed Buildings Act as appeals to be determined by a person appointed by the Secretary of State instead of by the Secretary of State —
a
appeals under section 20 of the Listed Buildings Act (listed building consent), including appeals under that section as having effect by virtue of section 74 of that Act (conservation areas);
b
appeals under section 39 of the Listed Buildings Act (listed building enforcement notices), including appeals under that section as having effect by virtue of section 74 of that Act.
Classes of appeal reserved for determination by the Secretary of State
4
Regulation 3 above shall not apply in the following classes of case —
a
appeals under section 78 of the principal Act by statutory undertakers where the relevant application related to land to which section 266 of that Act applies;
b
appeals under section 174 of the principal Act by statutory undertakers where the breach of planning control alleged in the enforcement notice consists in the carrying out of development on land to which section 266 of that Act applies, or failure to comply with a condition or limitation on a grant of planning permission for development of any such land;
c
appeals under section 174 of the principal Act relating to development in respect of which an environmental statement is required for the purposes of the Town and Country Planning (Environmental Assessment and Unauthorised Development) Regulations 1995 ;
d
appeals under section 20 of the Listed Buildings Act (listed building consent) concerned with Grade I and II * listed buildings;
e
appeals under section 39 of the Listed Buildings Act (listed building enforcement notices) concerned with Grade I and II* listed buildings;
f
appeals relating to buildings for which grants have been made under section 3A or 4 of the Historic Buildings and Ancient Monuments Act 1953 .
Publicity for directions under paragraph 1(2) of Schedule 6 to the principal Act and Schedule 3 to the Listed Buildings Act
5
1
On the giving by the Secretary of State of a direction under paragraph 1(2) of Schedule 6 to the principal Act or under paragraph 1(2) of Schedule 3 to the Listed Buildings Act he may by notice in writing enclosing a copy of the direction require the local planning authority for every area in respect of which the direction has effect to publish as soon as may be a notice in at least one newspaper circulating in the area; and such notice shall contain a concise statement of the direction and shall specify the place or places where a copy of the direction may be seen at all reasonable hours.
2
In paragraph (1) above “local planning authority” means, as respects any class of appeal, a local planning authority against whose decision (or failure to take a decision) an appeal of that class may be made.
Revocation and saving
6
The regulations mentioned in the Schedule to these Regulations are hereby revoked to the extent specified in the third column of that Schedule but without prejudice to the validity of anything done under the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1981 , and any appeal to which those Regulations applied and notice of which had been given before these Regulations come into force shall be determined as if these Regulations had not been made.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
24th February 1997


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Clwydian Range) Designation (Amendment) Order 1997 and shall come into force on 1st May 1997.
Amendment of the Environmentally Sensitive Areas (Clwydian Range) Designation Order 1994
2
1
The Environmentally Sensitive Areas (Clwydian Range) Designation Order 1994 shall be further amended in accordance with the following paragraphs of this article.
2
In paragraph (1) of article 2 (interpretation) —
a
in the definition of the word “bank”, for the word “or” where it occurs immediately after the word “stone”, there shall be substituted the word “and”;
b
after the definition of “conservation headland” there shall be added the following definition —
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 4 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
In article 6 (rates of payment under agreement) —
a
in subparagraph (e) of paragraph (3), for “£35” there shall be substituted “£55”.
b
in paragraph (4) —
i
in subparagraph (a), for “£20” there shall be substituted “£30”;
ii
in subparagraph (c), for “£25” there shall be substituted “£30”;
iii
in subparagraph (e), for “£90” there shall be substituted “£150”;
iv
in subparagraph (f), for “£50” there shall be substituted “£90”;
v
in subparagraph (g), for “£70” there shall be substituted “£125”;
vi
in subparagraph (h), for “£80” there shall be substituted “£125”.
c
for paragraph (6) there shall be substituted the following paragraph —
6
Where an agreement includes a conservation plan, the Secretary of State shall also make payments in respect of operations included in the plan, subject to a maximum of £20,000 for that agreement.
.
d
paragraph (7) shall be deleted.
4
In paragraph 6 of Schedule 4 (conservation plan operations) the word “traditional”, where it occurs before the word “farm”, shall be deleted and the words “using traditional materials” shall be inserted after the word “buildings”.
Saving
3
Paragraph (3) of article 2 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st May 1997.
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
17th March 1997
We consent,
Roger Knapman
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the James Paget Hospital National Health Service Trust (Change of Name) Order 1997 and shall come into force on 31st August 1997.
2
In this Order —
“ the Order ” means the James Paget Hospital NHS Trust (Establishment) Order 1992 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the James Paget Healthcare National Health Service Trust instead of the James Paget Hospital National Health Service Trust, and accordingly in Article 1 of the Order in the definition of “the trust”, and in Article 2 of the Order, for the words “James Paget Hospital” there shall be substituted the words “James Paget Healthcare”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name; and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
18th July 1997


text:
Citation and commencement
1
This Order may be cited as the Worcester Royal Infirmary National Health Service Trust (Establishment) Amendment Order 1997 and shall come into force on 13th March 1997.
Amendment of NHS trust Establishment Order
2
In article 3 of the Worcester Royal Infirmary National Health Service Trust (Establishment) Order 1993 (functions of the trust) —
a
in paragraph (1) for “section 5(1)(a)” there shall be substituted “section 5(1)(b)”; and
b
for paragraph (2) there shall be substituted the following new paragraph: —
2
The trust’s functions shall be —
a
to provide and manage hospital accommodation and services at all or any of the following hospitals —
Worcester Royal Infirmary (Castle Street Branch), Castle Street, Worcester, Worcestershire WR1 3AS,
Worcester Royal Infirmary (Newtown Branch), Newtown Road, Worcester, Worcestershire WR5 1JG,
Worcester Royal Infirmary (Ronkswood Branch), Ronkswood Road, Newtown Road, Worcester, Worcestershire WR5 1HN,
and at any other premises which are for the time being associated with any of those hospitals; and
b
to manage community health services provided from Worcester Royal Infirmary (Newtown Branch), Newtown Road, Worcester, Worcestershire WR5 1JG and to provide the associated premises.
.
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under Secretary of State,
Department of Health
13th March 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Young Persons) Regulations 1997 and shall came into force on 3rd March 1997.
2
In these Regulations “the Management Regulations ” means the Management of Health and Safety at Work Regulations 1992 .
3
Any reference in these Regulations to a numbered regulation is a reference to the regulation in the Management Regulations so numbered.
Amendment of the Management Regulations
2
1
The Management Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2) of regulation 1 —
a
for the definition of “the assessment” there shall be substituted the following definition:
“the assessment” means, in the case of an employer or self-employed person, the assessment made or changed by him in accordance with regulation 3
;
b
after the definition of “the assessment” there shall be inserted the following definition:
“child” —
as respects England and Wales, means a person who is not over compulsory school age, construed —
before the coming into force of section 8 of the Education Act 1996 in accordance with paragraph 1 of Schedule 40 to that Act; and
in accordance with section 8 from its coming into force;
as respects Scotland, means a person who is not over school age, construed in accordance with section 31 of the Education (Scotland) Act 1980
;
c
the definition of “maternity leave period” shall be revoked;
d
after the definition of “fixed-term contract of employment” the word “and” shall be revoked; and
e
there shall be added the following definition:
“young person” means any person who has not attained the age of eighteen
.
3
There shall be substituted for regulation 2 the following regulation:
Disapplication of these Regulations
2
1
These Regulations shall not apply to or in relation to the master or crew of a sea-going ship or to the employer of such persons in respect of the normal ship-board activities of a ship’s crew under the direction of the master.
2
Regulations 3(3A), (3B) and (3C), 8(2) and 13D shall not apply to occasional work or short-term work involving —
a
domestic service in a private household; or
b
work regarded as not being harmful, damaging or dangerous to young people in a family undertaking.
4
After paragraph (3) of regulation 3 there shall be inserted the following paragraphs:
3A
Subject to paragraph (3B), an employer shall not employ a young person unless he has, in relation to risks to the health and safety of young persons, made or reviewed an assessment in accordance with paragraphs (1) and (3C).
3B
Where an employer is employing a young person when this paragraph comes into force he shall, in relation to risks to the health and safety of young persons, review the assessment forthwith.
3C
In making or reviewing the assessment, an employer who employs or is to employ a young person shall take particular account of —
a
the inexperience, lack of awareness of risks and immaturity of young persons;
b
the fitting-out and layout of the workplace and the workstation;
c
the nature, degree and duration of exposure to physical, biological and chemical agents;
d
the form, range and use of work equipment and the way in which it is handled;
e
the organisation of processes and activities;
f
the extent of the health and safety training provided or to be provided to young persons; and
g
risks from agents, processes and work listed in the Annex to Council Directive 94/33/ EC on the protection of young people at work.
5
There shall be substituted for regulation 8 the following regulation:
Information for employees
8
1
Every employer shall provide his employees with comprehensible and relevant information on —
a
the risks to their health and safety identified by the assessment;
b
the preventive and protective measures;
c
the procedures referred to in regulation 7(1)(a);
d
the identity of those persons nominated by him in accordance with regulation 7(1)(b); and
e
the risks notified to him in accordance with regulation 9(1)(c).
2
Every employer shall, before employing a child, provide a parent of the child with comprehensible and relevant information on —
a
the risks to his health and safety identified by the assessment;
b
the preventive and protective measures; and
c
the risks notified to him in accordance with regulation 9(1)(c).
3
The reference in paragraph (2) to a parent of the child includes —
a
in England and Wales, a person who has parental responsibility, within the meaning of section 3 of the Children Act 1989 , for him; and
b
in Scotland, a person who has parental rights, within the meaning of section 8 of the Law Reform (Parent and Child (Scotland)) Act 1986 , for him.
6
After regulation 13C there shall be inserted the following regulation:
Protection of young persons
13D
1
Every employer shall ensure that young persons employed by him are protected at work from any risks to their health or safety which are a consequence of their lack of experience, of absence of awareness of existing or potential risks or the fact that young persons have not yet fully matured.
2
Subject to paragraph (3), no employer shall employ a young person for work —
a
which is beyond his physical or psychological capacity;
b
involving harmful exposure to agents which are toxic or carcinogenic, cause heritable genetic damage or harm to the unborn child or which in any other way chronically affect human health;
c
involving harmful exposure to radiation;
d
involving the risk of accidents which it may reasonably be assumed cannot be recognised or avoided by young persons owing to their insufficient attention to safety or lack of experience or training; or
e
in which there is a risk to health from —
i
extreme cold or heat;
ii
noise; or
iii
vibration,
and in determining whether work will involve harm or risk for the purposes of this paragraph, regard shall be had to the results of the assessment.
3
Nothing in paragraph (2) shall prevent the employment of a young person who is no longer a child for work —
a
where it is necessary for his training;
b
where the young person will be supervised by a competent person; and
c
where any risk will be reduced to the lowest level that is reasonably practicable.
4
The provisions contained in this regulation are without prejudice to —
a
the provisions contained elsewhere in these Regulations; and
b
any prohibition or restriction, arising otherwise than by this regulation, on the employment of any person.
.
7
For paragraph (2) of regulation 15 there shall be substituted the following paragraph —
2
Paragraph (1) shall not apply to any duty imposed by these Regulations on an employer —
a
to the extent that it relates to risk referred to in regulation 13A(1) to an employee; or
b
which is contained in regulation 13D.
Repeals and revocations
3
1
The enactments specified in column 2 of Part I of the Schedule shall be repealed to the extent specified in column 3 of that Part.
2
The instruments specified in column 1 of Part II of the Schedule shall be revoked to the extent specified in column 3 of that Part.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
23rd January 1997


text:
1
This Order may be cited as the Value Added Tax (Refund of Tax) Order 1997 and shall come into force on 1st December 1997.
2
The following bodies are hereby specified for the purposes of section 33 of the Value Added Tax Act 1994 —
charter trustees established by an Order made under section 17 of the Local Government Act 1992 or by any other statutory instrument made under Part II of that Act.
Bob Ainsworth
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
27th October 1997


text:
Citation and commencement
1
These Regulations may be cited as the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
Preliminary
2
The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1996 shall be amended in accordance with the following provisions of these Regulations.
Amendment to regulation 8
3
In regulation 8(3), the words “in accordance with paragraph 1” shall be omitted.
Amendment to regulation 11
4
For regulation 11(3), there shall be substituted the following paragraph —
3
A notice under paragraph (2)(b) shall be a notice addressed to the owner which —
a
states: —
i
the registration mark and make of the vehicle;
ii
the place where the vehicle was found before it was immobilised;
iii
the place to which the vehicle has been removed;
iv
the steps to be taken to obtain possession of the vehicle in accordance with regulation 13;
v
that unless the vehicle is removed by the owner on or before the date specified under sub-paragraph (b), the custodian intends to dispose of it; and
b
requires the owner to remove the vehicle from the custody of the custodian within 21 days of the date on which the notice was served.
Amendment to Schedule 2
5
For Schedule 2 there shall be substituted the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under-Secretary of State,
Department of Transport
3rd March 1997


text:
Citation and commencement
1
This Order may be cited as the Family Proceedings Fees (Amendment) (No. 4) Order 1997 and shall come into force on 1st December 1997.
Amendment to the Family Proceedings Fees Order 1991
2
Article 3 of the Family Proceedings Fees Order 1991 shall be amended as follows —
a
the existing article shall be re-numbered as article 3(1);
b
in sub-paragraph (b) of the new paragraph (1), for the words from “income support” to “1992” there shall be substituted “any qualifying benefit”;
c
after the new paragraph (1) there shall be inserted the following new paragraph —
2
The following are qualifying benefits for the purposes of paragraph (1)(b) above: income support, family credit and disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 , and income-based jobseeker’s allowance under the Jobseekers Act 1995 .
.
Irvine of Lairg, C.
Dated 30th October 1997
We concur,
Graham Allen
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 5th November 1997


text:
Citation and commencement
1
1
These Rules may be cited as the Magistrates’ Courts (Notice of Transfer) (Children’s Evidence) (Amendment) Rules 1997 and shall, subject to paragraph (2) below, come into force on 1st April 1997.
2
These Rules shall have effect in the same way as section 65 of, and Schedules 1 and 2 to, the Criminal Procedure and Investigations Act 1996 have effect.
2
The Magistrates’ Courts (Notice of Transfer) (Children’s Evidence) Rules 1992 shall be amended as follows —
a
i
in the Arrangement of Rules the entry in respect of rule 5 shall be omitted; and
ii
rule 5 shall be omitted;
b
in rule 6(a) the words “in respect of” to the end shall be omitted; and
c
in Schedule 2 form 4 shall be omitted.
Mackay of Clashfern, C.
Dated 10th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Housing Management) (Miscellaneous Amendments) Regulations 1997 and shall come into force on 12th December 1997.
Amendments to the Local Government Changes for England (Direct Labour and Service Organisations) Regulations 1994
2
The Local Government Changes for England (Direct Labour and Service Organisations) Regulations 1994 are amended, in regulation 12 (interpretation etc. ) —
a
by the omission, after “12.”, of “ — (1)”;
b
by the substitution, for sub-paragraph (d), of the following —
d
“other housing work” means work falling within the defined activity in section 2(2)(h) (housing management) of the Act which is not excepted housing work;
; and
c
by the addition, at the end, of the following —
e
“the reorganisation period” —
i
where the reorganisation date is 1st April 1996 and the work in question is excepted housing work, means the period beginning on the order date and ending 24 months after the reorganisation date;
ii
where the reorganisation date is 1st April 1997 or 1st April 1998 and the work in question is excepted housing work, means the period beginning on the order date and ending 30 months after the reorganisation date;
iii
where the reorganisation date is 1st April 1997 or 1st April 1998 and the work in question is other housing work, means the period beginning on the order date and ending 24 months after the reorganisation date;
iv
in any other case, means the period of 18 months beginning on the reorganisation date.
Amendment of the Local Government Act 1988 (Competition) (Housing Management) (England) Regulations 1994
3
The Local Government Act 1988 (Competition) (Housing Management) (England) Regulations 1994 are amended, in regulation 3 (application of section 6), by the substitution, for “Section 6”, of “Subject to regulation 14A (housing management: disapplication of competition provisions) of the Local Government Changes for England (Direct Labour and Service Organisations) Regulations 1994, section 6” .
Signed by authority of the Secretary of State for the Environment
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
17th November 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (School Performance Information) (England) (Amendment) (No. 2) Regulations 1997 and shall come into force on 22nd October 1997.
2
Any reference in these Regulations to the principal Regulations is a reference to the Education (School Performance Information) (England) Regulations 1996 .
Amendment
2
1
Regulation 2(1) of the principal Regulations (interpretation) shall be amended as follows.
2
There shall be substituted for the definition of “NC tests” and “NC tasks” the following definition —
“NC tests” means National Curriculum tests administered to pupils for the purpose of assessing the level of attainment which they have achieved in any core subject being tests laid down in provisions made by the Secretary of State under the appropriate order made under section 356 of the 1996 Act in force when those tests were administered;
.
3
1
Schedule 2 to the principal Regulations (additional provision of information to the Secretary of State: second key stage results) shall be amended as follows.
2
There shall be substituted for paragraphs 1 to 6 the following paragraphs —
1
The number of registered pupils at or near the end of the final year of the second key stage.
2
The number or percentage of such pupils who, in respect of each core subject, achieved level 4 or above of the National Curriculum level scale as determined by the results of NC tests and by teacher assessment.
3
The number or percentage of such pupils who, in respect of each core subject, failed to achieve a level on the National Curriculum level scale because they were exempted from an NC test under section 364 or 365 of the 1996 Act or were absent on the day the NC test was administered.
4
The number or percentage of such pupils who, in respect of each core subject, failed to achieve a level on the National Curriculum level scale because they were exempted from teacher assessment under section 364 or 365 of the 1996 Act or there is no teacher assessment result available because of their absence.
5
1
In respect of each pupil at or near the end of the final year of the second key stage, the pupil’s gender and any one of the following —
i
his surname and initial or initials;
ii
his surname and first name or names; and
iii
a number or letter (or numbers or letters) or any combination of these, enabling the identity of the individual pupil to be ascertained by use of the appropriate key .
2
In respect of each such pupil, the following information, as appropriate, in respect of each core subject —
i
the level of the National Curriculum level scale achieved by the pupil as determined by the results of NC tests and by teacher assessment;
ii
whether the pupil was assessed by a teacher as working towards level 1;
iii
whether an NC test result is not available for the pupil because, in the opinion of the headteacher, he was working below level 3 of the National Curriculum level scale and an NC test was not administered to the pupil;
iv
whether the pupil failed to achieve a level on the National Curriculum level scale in an NC test for a reason other than absence from the test;
v
whether the pupil was exempted from an NC test or teacher assessment under section 364 or 365 of the 1996 Act;
vi
whether an NC test result is not available because the pupil was absent on the day the NC test was administered; or
vii
whether a teacher assessment result is not available because of the pupil’s absence.
.
Kim Howells
Parliamentary Under-Secretary of State,
Department for Education and Employment
1st October 1997


text:
1
These Regulations may be cited as the Education (Further Education Institutions Information) (England) (Amendment) Regulations 1997 and shall come into force on 1st October 1997.
2
The Education (Further Education Institutions Information) (England) Regulations 1995 shall be amended in regulation 6(2)(b) by —
a
deleting the words “which immediately precedes the academic year”, and
b
adding to the end of the sub-paragraph the words “or the academic year which immediately precedes that academic year, as the governing body may determine.”
Tessa Blackstone
Minister of State,
Department for Education and Employment
9th September 1997


text:
Commencement and citation
1
This Order may be cited as The A1 Trunk Road (Barnet) Red Route (Clearway) Traffic Order 1997, and shall come into force on 31st October 1997.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”;
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”; and
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
The controls specified in paragraph (1) of this article do not apply in respect of any area of the trunk road red route clearway specified in schedule 2.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3 (1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the Barnet (Waiting and Loading Restrictions) (Special Parking Areas) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 are hereby suspended, in so far as their provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Barnet (Waiting and Loading Restrictions) (Special Parking Areas) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 only from the time at which the traffic sign indicating the effect of that provision has been obliterated
TRO 304
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
17th October 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the |ervideo|Railtrack (Ammanford Level Crossings) Order 1997 and shall come into force on 8th October 1997.
2
In this Order —
“the Ammanford level crossing” means Ammanford level crossing (Ordnance Survey reference point SN6312:1212) at Ammanford in Carmarthenshire whereby the railway crosses Quay Street and Park Street;
“the Company” means Railtrack PLC ;
“the Council” means Carmarthenshire County Council;
“the existing level crossing enactments” means section 60 of the Llanelly Railway and Dock Act 1853 and any other provision to the same or similar effect incorporated with or contained in, any enactment or instrument having effect by virtue of an enactment;
“the new highway” means a road between Carregamman Lane and Park Street at Ammanford which has been partly constructed by the Council;
“the proposed new level crossing” means the new level crossing at Ammanford in Carmarthenshire at or in the vicinity of Ordnance Survey reference point SN6303:2120 where the new highway will cross the railway;
“protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Road Traffic Regulation Act 1984 ), manual, mechanical, automatic, electronic or telephonic equipment or other devices; and
“the railway” means the railway of the Company between Pantyffynnon and Gwaun cae Gurwen in Carmarthenshire.
Provision of proposed new level crossing over railway and pedestrianisation of Ammanford level crossing
2
1
The Council and the Company may enter into agreements with respect to —
a
the construction and maintenance of the proposed new level crosing, and
b
the pedetrianisation and subsequent maintenance of the Ammanford level crossing;
and any such agreement may contain such terms as to payment or otherwise as the parties consider appropriate.
2
As from the completion and opening for public use of the proposed new level crossing —
a
all rights of way over the Ammanford level crossing, other than a right for all persons to use that crossing on foot, shall be extinguished;
b
the existing level crossing enactments shall cease to apply to the Ammanford level crossing; and
c
the British Railways Board Ammanford Level Crossing Order 1990 made under section 1 of the Level Crossings Act 1983 shall be revoked.
3
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961 .
Supplementary
3
The Company shall provide, maintain and operate at or near the proposed new level crossing and the Ammanford level crossing such barriers or other protective equipment as the Health and Safety Executive may in writing require.
Signed by authority of the Secretary of State for Transport
A S D Whybrow
Head of Traffic Policy Division
Department of the Environment, Transport and the Regions
1st October 1997


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1997 and shall come into force on 31st December 1997.
Amendment of the Road Vehicles (Construction and Use) Regulations 1986
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended as follows.
2
In paragraphs (10) and (10B)(c) of regulation 61 (emissions) for “1st January 1998” in both places where those words occur there shall be substituted “1st May 1998”.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
10th December 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (MFS Communications 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:
PART I
GENERAL
Title and commencement
1
These Regulations may be cited as the Registration of Homoeopathic Veterinary Medicinal Products Regulations 1997 and shall come into force on 31st March 1997.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Medicines Act 1968 ;
“Article 24 authorisation” means an authorisation of the type specified in Article 24.1 of Directive 81/851;
“Article 8 documents” means the particulars and documents specified in Article 8 of the Homoeopathics Directive;
“Article 8 dossier” means the Article 8 documents on which a registration relating to a product is based, and —
where the registration relating to a product has been renewed in accordance with regulation 7, the expression shall mean the Article 8 documents as updated by the Article 15 dossier provided in connection with the renewal application, and
where the documents have been altered in accordance with regulation 8, the expression shall mean the Article 8 documents as so altered;
“Article 15 dossier” means a dossier of the type specified in Article 15.1 of Directive 81/851;
“Article 11 ground” means a ground specified in —
sub-paragraph 1 or 3 of the first paragraph, or
the second paragraph,
of Article 11 of Directive 81/851;
“Article 25 particulars” means particulars which meet the requirements of sub-paragraphs (a) to (c) of Article 25 of Directive 81/851, and —
where an Article 24 authorisation has been issued, it shall mean the Article 25 particulars on which such authorisation is based, and
where, following the issue of an Article 24 authorisation, an Article 25 particular is changed in accordance with regulation 15, it shall mean the Article 25 particulars as so changed;
“the Board” means the Advisory Board on the Registration of Homoeopathic Products established by the Medicines (Advisory Board on the Registration of Homoeopathic Products) Order 1995 ;
“the Commission” means the Medicines Commission established by the Act;
“Directive 91/851” means Council Directive 81/851/ EEC on the approximation of the laws of the Member States relating to veterinary medicinal products as amended by Council Directives 90/676/EEC and 93/40/EEC as widened by the Homoeopathics Directive and as adapted by the EEA Agreement;
“Directive 91/412” means Commission Directive 91/412/EEC laying down the principles and guidelines of good manufacturing practice for veterinary medicinal products ;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1993 as adjusted by the Protocol signed at Brussels on 17th March 1993 and as amended by the Decision of the EEA Joint Committee No 7/94 ;
“EEA State” means a State which is a contracting party to the EEA Agreement other than the United Kingdom;
“the Homoeopathics Directive” means Council Directive 92/74/EEC widening the scope of Directive 81/851/EEC on the approximation of the provisions laid down by law, regulation or administrative action relating to veterinary medicinal products and laying down additional provisions on homeopathic veterinary medicinal products as adapted by the EEA Agreement;
“homoeopathic veterinary medicinal product” has the meaning given by Article 1 of the Homoeopathics Directive;
“manufacture” includes the activities specified in the first paragraph of Article 24.2 of Directive 81/851 but does not include the activities specified in the second paragraph of that provision;
“the Ministers” means the Minister of Agriculture, Fisheries and Food, the Secretary of State concerned with health in England and the Secretaries of State for Wales and Scotland, the Department of Agriculture for Northern Ireland and the Department of Health and Social Services for Northern Ireland;
“notice” means notice in writing;
“product” means a product to which these Regulations apply by virtue of regulation 3(1);
“qualified person” means a person, other than a person in respect of whom a suspension notice served under regulation 27(4) is in force, who —
fulfils the conditions laid down in Article 31 of Directive 81/851, or
is eligible to act as a qualified person by virtue of Article 32 of that Directive;
“registered” means registered by the Ministers under these Regulations; and
“the relevant enforcement authority” means —
in relation to England, the Minister of Agriculture, Fisheries and Food,
in relation to Scotland and Wales, the Secretary of State, and
in relation to Northern Ireland, the Department of Health and Social Services for Northern Ireland.
2
The expressions listed in Part I of Schedule 1 have the same meaning as in the Homoepathics Directive, and any other expression which is used in these Regulations and the Homoeopathics Directive, other than an expression which is listed in Part II of Schedule 1, shall have, insofar as the context admits, the same meaning as in that Directive.
3
The expressions listed in Part II of Schedule 1 have the same meaning as in Directive 81/851.
4
Any reference in these Regulations to a provision of Directive 81/851 shall mean the specified provision of that Directive as such provision applies to a product by virtue of Article 3, 4 or 7.3 of the Homoeopathics Directive.
5
Any function conferred on the Ministers under these Regulations may be performed by any one of those Ministers acting alone or by any two or more of them acting jointly.
6
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered regulation or to a numbered Schedule is a reference to the regulation of or the Schedule to these Regulations so numbered in these Regulations,
b
any reference in a regulation or a Schedule to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference occurs, and
c
any reference in a paragraph to a numbered or lettered sub-paragraph is a reference to the sub-paragraph so numbered or lettered in the paragraph in which the reference occurs.
Homoeopathic veterinary medicinal products to which these Regulations apply
3
1
Subject to paragraph (2), these Regulations apply to homoeopathic veterinary medicinal products to which the provisions of the Homoeopathics Directive apply and which satisfy all of the conditions specified in Article 7.1 of that Directive.
2
These Regulations do not apply to homoeopathic veterinary medicinal products that were marketed in the United Kingdom for the first time before 31st March 1997.
PART II
REGISTRATION OF PRODUCTS
Applications for registration
4
1
A person responsible for marketing, or intending to market a product, may apply to the Ministers to register the product.
2
An application made under paragraph (1) shall be made in writing, in the English language, signed by or on behalf of the applicant, and shall contain the name and address of the applicant and be accompanied by the Article 8 documents relating to the product.
3
The application may relate to a series of products derived from the same homoeopathic stock or stocks.
Examination of registration applications
5
Where an application is made under regulation 4, the Ministers shall examine it —
a
in accordance with the criteria and rules of procedure relating to such applications specified in Articles 8 to 12 of Directive 81/851, with the exception, in the case of Article 11, of the proof of therapeutic effect, and
b
taking account of the matters specified in Article 6.1 of the Homoeopathics Directive.
Registration of products
6
1
Subject to regulations 11 and 12, following the examination of an application to register a product pursuant to regulation 5, the Ministers shall register it in accordance with the provisions of Article 15 of Directive 81/851 unless, in their opinion, an Article 11 ground has been established in connection with that product or application.
2
On registering a product the Ministers shall —
a
give it a registration number,
b
determine whether there is a need to exercise or further exercise the powers conferred by section 51, 57 or 58 of the Act concerning the conditions as to the sale or supply of the product, and
c
publish details of the registration in accordance with the provisions in the second paragraph of Article 40 of Directive 81/851.
3
Where the Ministers refuse to register a product, they shall notify the applicant in accordance with the provisions of the first paragraph of Article 40 of Directive 81/851.
Renewal of registrations
7
1
The registration of a product may be renewed on the application of the person responsible for marketing it.
2
An application under paragraph (1) shall be made to the Ministers at least three months before the expiry of the registration relating to the product and shall be accompanied by an Article 15 dossier relating to it.
3
Subject to regulations 11 and 12, following the examination of the application, the Ministers shall renew the registration unless, in their opinion, an Article 11 ground has been established in connection with the product.
4
Where the Ministers refuse to renew a registration, they shall notify the applicant in accordance with the provisions of the first paragraph of Article 40 of Directive 81/851.
Alteration of Article 8 dossiers relating to registered products
8
1
An application for authorisation to make an alteration to an Article 8 dossier relating to a registered product may be made to the Ministers by the person responsible for marketing the product and shall be accompanied by full details of the proposed alteration.
2
Where an application is made under paragraph (1), the Ministers shall authorise the proposed alteration unless, in their opinion, the making of the alteration would result in an Article 11 ground being established in connection with that product.
3
Where the Ministers authorise a proposed alteration of an Article 8 dossier, they shall make any necessary amendments to the registration.
Suspension and revocation of registrations
9
1
Subject to paragraph (3) and regulations 11 and 12, the Ministers shall suspend or revoke the registration of a registered product if in their opinion a ground specified in sub-paragraph 1 or 3 of the first paragraph of Article 36 of Directive 81/851 has been established in connection with the product.
2
Subject to paragraph (3), the Ministers may suspend or revoke the registration of a registered product if in their opinion a ground specified in the last paragraph of Article 36 of Directive 81/851 has been established in connection with the product.
3
Where the Ministers suspend or revoke the registration of a registered product under paragraph (1) or (2), they shall notify the person responsible for marketing the product in accordance with the provisions of the first paragraph of Article 40 of Directive 81/851 and shall comply with the publication requirements of the second paragraph thereof.
Prohibition and withdrawal notices
10
1
Subject to the paragraph (2) and to regulations 11 and 12, if in the opinion of the Ministers a ground specified in paragraph (a), (c) or (e) of Article 37.1 of Directive 81/851 has been established in connection with a product they shall serve a notice on the person responsible for marketing the product requiring that person to stop supplying the product and to withdraw it from the market.
2
A notice served under paragraph (1) may relate to the registered product in general or to a specific batch of the product as specified in the notice.
Procedure where the Ministers propose to take certain action on grounds relating to safety or quality
11
1
Subject to paragraph (2), if the Ministers propose —
a
to refuse a registration;
b
to refuse to renew a registration;
c
to suspend or revoke a registration; or
d
to serve a notice under regulation 10(1) in respect of a product;
on a ground that concerns the safety or quality of the product in question, the provisions of Schedule 2 shall have effect.
2
The provisions of paragraph (1) shall not apply where the Ministers propose to refuse to register a product, or to refuse to renew or to suspend or revoke its registration on the ground specified in sub-paragraph 3 of the first paragraph of Article 11 of Directive 81/851.
Procedure where the Ministers propose to take certain action on grounds other than grounds relating to safety or quality
12
1
Subject to paragraph (2), if the Ministers propose to act in a manner specified in sub-paragraphs (a), (b), (c) or (d) of regulation 11(1) on a ground that does not concern the safety or quality of the product, the provisions of Schedule 3 shall have effect.
2
The provisions of paragraph (1) shall not apply where the Ministers propose to refuse to register a product, or to refuse to renew or to suspend or revoke its registration on the ground specified in sub-paragraph 3 of the first paragraph of Article 11 of Directive 81/851.
PART III
ARTICLE 24 AUTHORISATIONS
Applications for Article 24 authorisations
13
1
A person who —
a
manufactures or intends to manufacture a registered product, or
b
imports or intends to import such a product from a third country,
may apply to the Ministers for an Article 24 authorisation relating to the manufacture or import, as the case may be.
2
An application made under paragraph (1) shall be in writing, in the English language, signed by or on behalf of the applicant, and shall contain the name and address of the applicant and be accompanied by Article 25 particulars.
Issue of Article 24 authorisations
14
1
Subject to regulation 17, following inquiry in accordance with Article 26.1 of Directive 81/851, the Ministers shall issue an applicant with an Article 24 authorisation in accordance with the provisions of Article 26.2 and 3 and Article 28.1 and 3 of that Directive unless they are not satisfied that the accuracy of the Article 25 particulars provided by the applicant has been established.
2
Where the Ministers refuse to issue an Article 24 authorisation, they shall notify the applicant in accordance with the provisions of the first paragraph of Article 40 of Directive 81/851.
Change of Article 25 particulars
15
1
A request to change an Article 25 particular on which an Article 24 authorisation is based may be made to the Ministers by the holder of the authorisation.
2
Where a request is made under paragraph (1), the Ministers shall authorise the change in the Article 25 particulars in accordance with the provisions of Article 28.2 and 3 of Directive 81/851 unless they are not satisfied that the authorisation holder will continue to meet the relevant requirements of Article 25 of Directive 81/851 if the change in the Article 25 particulars is made.
3
Where, pursuant to paragraph (2), the Ministers authorise a change in the Article 25 particulars, they shall make any necessary amendments to the Article 24 authorisation in question.
Suspension and revocation of Article 24 authorisations
16
1
Subject to paragraph (3) and regulation 17, the Ministers shall suspend or revoke an Article 24 authorisation if they are not satisfied that the authorisation holder is complying with the Article 25 particulars on which the authorisation is based.
2
Subject to paragraph (3), the Ministers may suspend or revoke an Article 24 authorisation —
a
in relation to all registered products to which the authorisation relates, or
b
in relation to one or some of such products,
if they are not satisfied that the holder of such authorisation has complied with the duties imposed on him by regulation 25.
3
Where, pursuant to paragraph (1) or (2), the Ministers suspend or revoke an Article 24 authorisation they shall notify the authorisation holder in accordance with the provisions of the first paragraph of Article 40 of Directive 81/851.
Procedure where the Ministers propose to refuse Article 24 authorisations or to suspend or revoke such authorisations
17
If the Ministers propose to refuse to issue or to suspend or revoke an Article 24 authorisation the provisions of Schedule 4 shall have effect.
PART IV
CONTROLS
Restrictions on the marketing of products
18
No person shall market a product on or after 1st September 1997 unless the product is registered and complies with the Article 8 dossier relating to it.
Duties on persons responsible for marketing registered products
19
The person responsible for marketing a registered product shall comply with the applicable requirements of Articles 14, 35 and 42.2 of Directive 81/851 in connection with such product.
Prohibition on supply and withdrawal from the market
20
A person on whom a notice is served under regulation 10(1) in relation to the supply of a product or its withdrawal from the market, or of particular batches, shall comply with the terms of the notice.
Labelling and package inserts
21
No person shall market a registered product unless the labelling and any package insert complies with the applicable requirements specified in Articles 2.2 and 7.2 of the Homoeopathics Directive.
Restrictions on the manufacture of products
22
No person shall manufacture a product on or after 1st September 1997 unless it is registered and he holds an Article 24 authorisation relating to its manufacture, and the manufacture is in accordance with the authorisation.
Restrictions on imports of products from third countries
23
No person shall import a product from a third country on or after 1st September 1997 unless it is registered and he holds an Article 24 authorisation relating to its import, and the import is in accordance with the authorisation.
Restrictions on exports of certain products to EEA States
24
If a product has been imported into the United Kingdom from a third country and is destined for an EEA State, no person shall export it to an EEA State on or after 1st September 1997 unless it is accompanied by a copy of the Article 24 authorisation relating to the import of the product into the United Kingdom.
Duties on holders of Article 24 authorisations
25
The holder of an Article 24 authorisation shall —
a
comply with the applicable provisions of Article 27(a) to (e) of Directive 81/851;
b
comply with the applicable principles and guidelines of good manufacturing practice set out in Articles 4 to 14 of Directive 91/412 as interpreted in accordance with the second paragraph of Article 3 of that Directive;
c
keep a detailed record, in accordance with the provisions of Article 27(g) of Directive 81/851, in respect of a registered product or sample of such product supplied by him;
d
make such record available to the relevant enforcement authority for inspection for a period of three years from and including the date on which such record is made;
e
have permanently and continuously at his disposal the services of at least one qualified person (who may be himself if he fulfils the conditions laid down in Article 31 of Directive 81/851) who is responsible in particular for carrying out the duties specified in Article 30 of Directive 81/851; and
f
furnish the relevant enforcement authority, upon request, with proof that he has carried out the applicable control tests specified in Article 35 of Directive 81/851.
Duties on qualified persons
26
1
A qualified person shall carry out the duties specified in Article 30 of Directive 81/851.
2
Where the qualified person certifies a batch of a registered product in a register or equivalent document in accordance with Article 30.2 of Directive 81/851, he shall keep the register or equivalent document at the disposal of the relevant enforcement authority for a period of five years from and including the date on which the certification is made.
Suspension of persons acting as qualified persons
27
1
Where it appears to the Ministers that a person acting as a qualified person —
a
does not satisfy the requirements of Article 31 or 32 of Directive 81/851, or
b
has failed to comply with regulation 26,
the Ministers shall serve a notice complying with the provisions of paragraph (2) on that person (in this regulation called“the notified person”).
2
A notice served under paragraph (1) shall —
a
notify the person on whom it is served that the Ministers propose to serve a suspension notice on him directing him not to act as a qualified person,
b
state the reasons why the Ministers are proposing to serve such a notice, and
c
specify that, on or before the response date specified in the notice, the notified person may make written representations to the Ministers in connection with such proposed notice or reasons.
3
Where the Ministers decide not to serve a suspension notice on a notified person they shall notify him of their decision.
4
Where the Ministers decide to serve a suspension notice on a notified person, they shall serve a notice on him directing him not to act as a qualified person.
5
A suspension notice served on a notified person under paragraph (4) may be revoked at any time by the Ministers serving a notice on the notified person notifying him that he may resume acting as a qualified person.
6
During the period in which a suspension notice is in force in relation to a notified person —
a
that person shall not act as a qualified person, and
b
no other person shall permit that person to act for him as a qualified person.
PART V
MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS
Confidentiality
28
Except in the performance of his duty, no person shall disclose any information in respect of any manufacturing process or trade secret obtained by him in premises which he has entered by virtue of these Regulations, or any information obtained by him or furnished to him in pursuance of these Regulations.
Issue of certificates
29
Where requested to do so by —
a
a manufacturer of a registered product who holds an Article 24 authorisation,
b
the exporter of a product manufactured by such a manufacturer, or
c
the authorities of a third country into which such a product is to be imported,
the Ministers shall certify that the manufacturer is in possession of an Article 24 authorisation.
Article 34 duties
30
It shall be the duty of the relevant enforcement authority to comply with Article 34 of Directive 81/851.
Enforcement
31
It shall be the duty of the relevant enforcement authority to enforce the provisions of these Regulations, and such duty shall be deemed to be a duty imposed by sections 108(1), 109(1) and 110(1) of the Act.
Offence and penalties
32
1
Any person who contravenes or fails to comply with any provision of regulation 18, 20 or 28 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Any person who contravenes or fails to comply with any provision of regulation 19, 21 to 26 or 27(6) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
Where a Scottish partnership is guilty of an offence under these Regulations in respect of an act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner in the partnership, he, as well as the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Defence
33
Where a person responsible for marketing a registered product is charged with an offence under these Regulations in respect of anything which has been manufactured or assembled to his order by another person and which has been so manufactured or assembled as not to comply with his order, it shall be a defence for him to prove —
a
that, in placing his order, a copy of the documents forming part of the Article 8 dossier relating to the manufacture and assembly of the product were available, or had been provided, to that other person and the person responsible for marketing the registered product had instructed that other person to manufacture or assemble the product in accordance with those documents or dossier, and
b
that the person responsible for marketing the registered product did not know, and could not by the exercise of reasonable care have known, that those instructions had not been complied with.
Application of various sections of the Act
34
1
Only the provisions of the Act specified in Schedule 5, instruments made under those provisions and any other provision of the Act which relates to those provisions shall apply in relation to products to which these Regulations apply, and those provisions and instruments shall apply in relation to those products as if they were medicinal products to which the Act applies (whether or not they would otherwise be so).
2
It shall be a duty of the Commission to consider any matter referred to them by the Ministers in accordance with the provisions of regulation 11(1) and Schedule 2, and to report their findings and advice in connection with any such matter, and their reasons for giving such advice, to the Ministers.
3
It shall be a duty of the Board to consider any matter referred to them by the Ministers in accordance with the provisions of regulation 11(1) and Schedule 2, and to report their findings and advice in connection with any such matter, and their reasons for giving such advice, to the Ministers.
Partial disapplication of various enactments
35
1
Anything which, in accordance with the Trade Descriptions Act 1968 , constitutes the application of a trade description to a registered product shall be deemed not to be a trade description if it is applied to such product in accordance with the requirements of regulation 21.
2
The provisions of Part II of the Consumer Protection Act 1987 shall not apply to registered products.
Disapplication of various statutory instruments
36
The provisions of —
a
the Importation of Animal Products and Poultry Products Order 1980 ,
b
the Landing of Carcasses and Animal Products Order (Northern Ireland) 1985 ,
c
the Control of Pesticides Regulations 1986 ,
d
the Control of Pesticides Regulations (Northern Ireland) 1987 , and
e
the Diseases of Animals (Importation of Bird Products) Order (Northern Ireland) 1996 ,
shall not apply to registered products.
Amendment
37
The instrument specified in Schedule 6 shall have effect subject to the amendments specified in that Schedule.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
11th February 1997
Lindsay
Parliamentary Under-Secretary of State, Scottish Office
12th February 1997


text:
Title and commencement
1
These Regulations may be cited as the Contaminants in Food Regulations 1997 and shall come into force on 4th July 1997.
Interpretation
2
1
In these Regulations, except where the context requires otherwise —
“ the Act ” means the Food Safety Act 1990;
“the Commission Regulation” means Commission Regulation ( EC ) No. 194/97 setting maximum levels for certain contaminants in foodstuffs ;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“food authority” does not include —
the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change; or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple); and
“member State” means a member State of the European Community.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meaning as in the Commission Regulation and any reference in these Regulations to a numbered Article shall be construed as a reference to the Article so numbered in the Commission Regulation.
Offences and penalties
3
1
If any person contravenes Article 2.1 he shall, save where the placing on the market is of authorised lettuce or spinach, be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
For the purposes of this regulation, “authorised lettuce or spinach” means lettuce or spinach, as appropriate, in point 1.1 of Part 1 of the Annex to the Commission Regulation which is grown in the United Kingdom in accordance with the proviso to Article 2.2 and intended for consumption in the United Kingdom.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Enforcement
4
Each food authority shall, within its area, enforce and execute the provisions of the Commission Regulation and these Regulations.
Defence in relation to exports
5
In any proceedings for an offence under regulation 3 it shall be a defence for the person charged to prove —
a
that the food specified in Annex 1 to the Commission Regulation in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that it complies with that legislation; and
b
in the case of intended export to an EEA State which is not a member State, that the legislation complies with the Commission Regulation where there is a decision by the EEA Joint Committee under Article 98 of the EEA Agreement to amend it to refer to the Commission Regulation.
Application of various sections of the Act
6
1
The following provisions of the Act shall apply for the purposes of these Regulations which application shall, in the case of section 21, be as that section applies for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act or Part thereof shall be construed as a reference to these Regulations —
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 30(8) (which relates to documentary evidence);
section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2); and
section 36 (offences by bodies corporate).
2
The following provisions of the Act shall apply for the purposes of these Regulations and any reference in those sections to the Act or to the execution of the Act shall, for the purposes of these Regulations, be construed as including a reference to, respectively, Article 2.1 and the execution of the provisions of the Commission Regulation and these Regulations —
section 32 (powers of entry);
section 33 (obstruction etc. of officers); and
section 44 (protection of officers acting in good faith).
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
9th June 1997
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
10th June 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
10th June 1997
Sam Galbraith
Parliamentary Under Secretary of State, Scottish Office
10th June 1997


text:
1
1
This Order may be cited as the Road Traffic (New Drivers) Act 1995 (Commencement) Order 1997.
2
In this Order “ the Act ” means the Road Traffic (New Drivers) Act 1995.
2
1
The following provisions of the Act shall come into force on 1st March 1997–
section 5(1), (2), (8), (9) and (10),
section 6, in so far as it gives effect to paragraph 11 of Schedule 1,
section 10(1) and (5), and
paragraph 11 of Schedule 1.
2
Except as provided in paragraph (1) above, the Act shall come into force on 1st June 1997.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
5th February 1997


text:
1
This Order may be cited as the Child Abduction and Custody (Cayman Islands) Order 1997, and shall come into force on 2nd December 1997.
2
Sections 1 to 24A, inclusive, section 25(1) and (2) and section 27 of and Schedules 1 to 3, inclusive, to the Child Abduction and Custody Act 1985, modified as in the Schedule hereto, shall extend to the Cayman Islands.
3
For the purpose of the Schedule hereto, the term “Attorney-General” means the officer so appointed for the time being by the Governor and the term “Governor” means the officer for the time being administering the Government of the Cayman Islands.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as The A316 Trunk Road (Hounslow) Red Route (Clearway) Traffic Order 1995 Variation Order 1997, and shall come into force on 8th March 1997.
2
The A316 Trunk Road (Hounslow) Red Route (Clearway) Traffic Order 1995 is varied as provided by the following provisions of this Order.
3
In Schedule 2, the words “No items” are deleted from column (2) of the table.
4
In Schedule 2, in the table, insert the following item: —
1
Country Way (A316) — South-east side, the area of carriageway parallel to the south-eastern kerb-line between a point 7.5 metres south-west of the south-western kerb-line of the southernmost access road to the waterworks on the south-east side of A316 Country Way and a point 68 metres south-west of that point and having a width of 2.4 metres throughout.
TRO213
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
28th February 1997