text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation (Amendment) Order 1996 and shall come into force on 15th August 1996.
2
In this Order–
“the principal Order ” means the Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation Order 1993 .
Amendment of the principal Order
2
In article 2 of the principal Order (interpretation)–
a
after the definition of “croft” there shall be inserted–
“extensively managed hay and grass silage crops” means crops taken from previously sown improved grassland which has not been regularly reseeded and in which the productive sown grass species no longer predominate;
;
b
after the definition of “herb rich grassland” there shall be inserted–
“intensively managed hay and grass silage crops” means crops taken from regularly resown grass receiving routine fertiliser dressings on an annual basis;
;
c
for the definition of “wetlands” there shall be substituted the following definition:–
“wetlands” means ground which does not constitute rough grazings and is saturated with water for a significant proportion of the year.
.
3
For article 6(2) of the principal Order (rates of payment under agreement with any crofter or farmer) there shall be substituted–
2
Payments to a crofter or farmer shall be at the rate of not less than–
a
£150 per annum for the year of any such agreement which commenced but which had not ended before 15th August 1996; and
b
£250 per annum for any year of such agreement commencing on or after that date.
.
4
For article 7(2) of the principal Order (rates of payment under agreement with a common grazings committee) there shall be substituted–
2
Payments to a common grazings committee shall be at the rate of not less than–
a
£150 per annum for the year of any such agreement which commenced but which had not ended before 15th August 1996; and
b
£250 per annum for any year of such agreement commencing on or after that date.
.
5
In article 8 of the principal Order (payments to a crofter or farmer for additional agricultural operations) for the words “Such payments” to the end there shall be substituted–
Such payments shall be at a rate to be determined by the Secretary of State–
in the case of an agreement entered into on or after 15th August 1996, up to a maximum of £20,000 for each 5 year conservation plan; and
in the case of an agreement entered into before that date–
for the year of the 5 year conservation plan included in such agreement which commenced but which had not ended before that date, up to a maximum rate of £2,000 per annum per crofter or farmer for that year; and
for the whole years or remaining whole years of such 5 year conservation plan, up to a maximum rate calculated by multiplying £4,000 by the number of those whole years or remaining whole years.
.
6
In article 9 of the principal Order (payments to a common grazings committee for additional agricultural operations) for the words “Such payments” to the end there shall be substituted–
Such payments shall be at a rate to be determined by the Secretary of State–
in the case of an agreement entered into on or after 15th August 1996, up to a maximum rate of £60,000 for each 5 year conservation plan; and
in the case of an agreement entered into before that date–
for the year of the 5 year conservation plan included in such agreement which commenced but which had not ended before that date, up to a maximum rate of £12,000 per annum per common grazings committee for that year; and
for the whole years or remaining whole years of such 5 year conservation plan, up to a maximum rate calculated by multiplying £12,000 by the number of those whole years or remaining whole years.
.
7
1
In Part I of the Schedule to the principal Order (requirements to be included in an agreement with a crofter or farmer)–
a
in paragraph 2 the words “undertake to” shall be omitted;
b
after paragraph 6 there shall be inserted–
6A
The crofter or farmer shall not remove any dykes unless authorised to do so in writing by the Secretary of State and shall maintain stockproof dykes in a stockproof condition.
;
c
in paragraph 7 for the word “Scheme” there shall be substituted the word “agreement”;
d
for paragraph 7(b) and (c) there shall be substituted–
b
identify all machair associated with the croft or farm in respect of which the crofter or farmer shall agree–
i
to identify the ploughable area of such machair and ensure at least 15% of this area is in arable crop (or lying fallow after such recent cropping);
ii
if available, to apply to the cropped area of the machair at least one dressing per annum of seaweed, at the minimum rate of 40 tonnes per hectare, or one dressing per annum of dung at the minimum rate of 25 tonnes per hectare;
iii
if the cropped area is to be undersown or sown away to pasture, to use a grass seed mix approved in writing by the Secretary of State;
iv
not to roll or harrow any area of machair used for hay or grass silage production after 1st May , (or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage);
v
not to cut intensively managed hay, grass and arable silage crops before 31st July , (or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage);
vi
not to cut extensively managed hay and grass silage crops before 15th August (or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage); and
vii
to cut all hay, grass and arable silage crops by such method as will minimise the risk of damage to young birds;
c
identify all cropped or mown areas of non-machair ground associated with the croft or farm in respect of which the crofter or farmer shall agree–
i
not to cut intensively managed hay, grass and arable silage crops before 31st July , (or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage);
ii
not to cut extensively managed hay and grass silage crops before 15th August (or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage);
iii
to cut all hay, grass and arable silage crops by such method as will minimise the risk of damage to young birds;
iv
not to graze or top extensively managed hay and grass silage between 31st May and 14th August (or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage); and
v
not to roll or harrow grassland after 1st May , or arable land after 15th May , (or any date which may be specified by the Secretary of State following consultation with Scottish Natural Heritage);
; and
e
after paragraph 7(g) there shall be added–
h
if the farmer or crofter so wishes, measures to restore dykes to standards consistent with conservation interests.
.
2
In Part II of the Schedule to the principal Order (requirements to be included in an agreement with a common grazings committee)–
a
in paragraph 1 the words “undertake to” shall be omitted;
b
after paragraph 6 there shall be inserted–
6A
The common grazings committee shall not remove any dykes unless authorised to do so in writing by the Secretary of State, and shall maintain stockproof dykes in a stockproof condition.
;
c
in paragraph 7 for the word “Scheme” there shall be substituted the word “agreement”; and
d
after paragraph 7(b)(iv) there shall be added–
v
if the grazings committee so wishes, measures to restore dykes to standards consistent with conservation interests.
.
Lindsay
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
18th July 1996
We consent,
Liam Fox
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
22 July 1996


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 1996 and shall come into force on 8th April 1996.
2
In these Regulations, unless the context otherwise requires —
“the Administration Act ” means the Social Security Administration Act 1992; and
“the up-rating order” means the Social Security Benefits Up-rating Order 1996 .
Exceptions relating to payment of additional benefit under awards made before the commencing date
2
Section 155(3) of the Administration Act (effect of alteration of rates of benefit under Parts II to V of the Contributions and Benefits Act) shall not apply if a question arises as to either —
a
the weekly rate at which the benefit is payable by virtue of the up-rating order; or
b
whether the conditions for the receipt of the benefit at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of the Administration Act.
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualifications in respect of up-rating of benefits) shall apply to any additional benefit payable by virtue of the up-rating order.
Amendment of the Social Security (General Benefit) Regulations 1982
4
In regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) for the sum of “£2288.00” there shall be substituted the sum of “£2366.00”.
Amendment of the Social Security Benefit (Dependency) Regulations 1977
5
In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (prescribed circumstances for increase of invalid care allowance).
a
in sub-paragraph (a), for the sum of “£125” there shall be substituted the sum of “£130”; and
b
in sub-paragraph (b), for the sum of “£16” there shall be substituted the sum of “£17” and for the sum of “£125” there shall be substituted the sum of “£130”.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
6
In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 (limit of earnings from councillor’s allowance), for the sum of “£44.00” there shall be substituted the sum of “£45.50”.
Revocation
7
The Social Security Benefits Up-rating Regulations 1995 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Minister of State,
Department of Social Security
7th March 1996


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) Order 1996 and shall come into force on 12th September 1996.
2
Any reference in this Order to “the Schedule” shall be construed as a reference to the Schedule to this Order.
3
Any reference in this Order to a Community instrument is a reference to that instrument as amended on the date this Order is made.
4
In this Order, unless the context requires otherwise:
“Council Regulation 805/68” means Council Regulation ( EEC ) No. 805/68 on the common organisation of the market in beef and veal ;
“Council Regulation 3013/89” means Council Regulation (EEC) No. 3013/89 on the common organization of the market in sheepmeat and goatmeat ;
“Council Regulation 1765/92” means Council Regulation (EEC) No. 1765/92 establishing a support system for producers of certain arable crops ;
“Council Regulation 1357/96” means Council Regulation ( EC ) No. 1357/96 providing for additional payments to be made in 1996 with the premiums referred to in Regulation (EEC) No. 805/68 on the common organization of the market in beef and veal and amending that Regulation .
Assessment of productive capacity of land
2
1
Paragraph (2) of this article has effect for the purpose of the assessment of the productive capacity of a unit of agricultural land, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of subparagraph (1) of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question is capable, when farmed under competent management, of carrying or producing any such livestock, crop, etc. as is mentioned in any entry in column 1 of the Schedule —
a
the unit of production prescribed in relation to that use of the land shall be the unit specified in column 2 of the Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 12th September 1996, as the net annual income from the unit of production in that period shall be the amount specified in column 3 of the Schedule opposite that unit of production.
3
The Schedule has effect subject to the Notes to the Schedule.
Revocation
3
The Agricultural Holdings (Units of Production) Order 1995 is hereby revoked.
Tony Baldry
Minister of State, Minister of Agriculture, Fisheries and Food
7th August 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
12th August 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Surrey County and St. Luke’s Hospitals National Health Service Trust (Change of Name) Order 1996 and shall come into force on 1st April 1997.
2
In this Order unless the context otherwise requires —
“ the Order ” means the Royal Surrey County and St. Luke’s Hospitals National Health Service Trust (Establishment) Order 1990 ;
“ 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 Royal Surrey County Hospital National Health Service Trust instead of the Royal Surrey County and St. Luke’s Hospitals 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 “and St. Luke’s Hospitals” there shall be substituted the word “Hospital”.
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
John Horam
Parliamentary Under Secretary of State
Department of Health
14th November 1996


text:
Citation and interpretation
1
1
This Order may be cited as the Local Government Finance Act 1992 (Commencement No.10) Order 1996.
2
In this Order, “ the Act ” means the Local Government Finance Act 1992.
Commencement of provisions
2
The following provisions of the Act shall come into force on 1st April 1996: —
a
paragraph 39 of Schedule 13; and
b
in Schedule 14, the repeals of —
i
section 111(1)(a), (b) and (d) of the Local Government (Scotland) Act 1973 ; and
ii
section 9(6) of the Water (Scotland) Act 1980 .
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
20th March 1996


text:
1
This Order may be cited as the Armed Forces Act 1991 (Commencement No.2) Order 1996.
2
Subject to article 3 of this Order, the following provisions of the Armed Forces Act 1991 shall come into force on 1st June 1996 —
sections 17 to 23;
section 24(3);
section 26(2) and Schedule 3 insofar as they relate to the provisions specified in the Schedule to this Order.
3
The repeal of section 14 of the Armed Forces Act 1981 (temporary removal to and detention in a place of safety abroad of children of service families in need of care and control) by virtue of article 2 of this Order shall not affect any order made under that section on or before 31st May 1996.
Michael Portillo
Secretary of State for Defence
24th April 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Reorganisation in Inner London) (Compensation) (Amendment and Modification) Regulations 1996 and shall come into force on 21st August 1996.
2
Unless the context otherwise requires words and expressions used in these Regulations have the same meaning as in the Education (Reorganisation in Inner London) (Compensation) Regulations 1989 (“the principal Regulations”).
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 6 below.
3
In regulation 1(3), in the definition of “qualifying employment”, for the word “or” there shall be substituted a comma and after the words “City Literary Institute” there shall be inserted the following words “or with a statutory corporation defined in paragraph (5)”.
4
After paragraph (4) of regulation 1, there shall be inserted the following paragraph —
5
A statutory corporation referred to in paragraph (3) is —
a
a governing body of a grant-maintained school or grant-maintained special school; or
b
a further education corporation established under section 15 or 16 of the Further and Higher Education Act 1992 ,
which conducts a school or other institution, as the case may be, which immediately before it was conducted by that statutory corporation was maintained by ILEA or an inner London council within the meaning of Part III of the 1988 Act.
.
5
For paragraph (2) of regulation 9 (cessation of new employment) there shall be substituted the following paragraph —
2
If he becomes employed in a qualifying employment, and
a
is, or would if he had been dismissed by reason of redundancy have been, precluded by virtue of section 84 or 94 of the 1978 Act from receiving a redundancy payment; or
b
his continuity of employment is preserved,
compensation continues to be payable in accordance with regulation 8.
.
6
In regulation 11(2) (payment of compensation) after “(4)” there shall be inserted the words“and regulation 7(2) of the Education (Reorganisation in Inner London) (Compensation) (Amendment and Modification) Regulations 1996”.
Qualifying employment with the governing body of a grant-maintained school, a grant-maintained special school or a further education corporation
7
1
This regulation applies in cases where, before these Regulations come into force, the running of a person’s compensation period had been suspended or the start of the following compensation period had been postponed or both, in accordance with regulation 8(2) of the principal Regulations, for any period during which the person in question was no longer employed in a qualifying employment (as then defined in regulation 1(3) of the principal Regulations) but was employed by a statutory corporation defined in regulation 1(5) of the principal Regulations (as inserted by these Regulations), in circumstances where that person’s continuity of employment had been preserved.
2
Where this regulation applies compensation shall be payable by the London Pensions Fund Authority , within 6 months from the date that these Regulations come into force, to that person in accordance with regulation 8 of the principal Regulations (as modified by paragraph (3) below) —
a
in respect of the period referred to in paragraph (1) above; or
b
if payment in respect of that period would result in compensation being paid for more than 8 compensation periods, in respect of so much of it (beginning with the date that the running of a compensation period was first suspended or the start of a following compensation period postponed, whichever first occurred) as, having regard to the compensation that has already been paid in accordance with regulation 8 of the principal Regulations, will result in compensation being paid for no more than 8 compensation periods.
3
Where this regulation applies, regulation 8(1) of the principal Regulations shall have effect as if in the definition of “C” there were inserted after “9(2)” the words “or in regulation 7 of the Education (Reorganisation in Inner London) (Compensation) (Amendment and Modification) Regulations 1996”.
Robin Squire
Parliamentary Under Secretary of State,
Department for Education and Employment
15th July 1996
We consent to the making of these Regulations
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
18th July 1996


text:
Title and commencement
1
This Order may be cited as the Third Country Fishing (Enforcement) Order 1996 and shall come into force on 24th April 1996.
Interpretation
2
1
In this Order “a relevant Community provision” means a provision of a regulation of the European Community referred to in column 1 of the Schedule to this Order which is specified in column 2 thereof, opposite the reference to that regulation.
2
In this Order any reference to a logbook or other document includes, in addition to a logbook or document in writing —
a
any map, plan, graph or drawing;
b
any photograph;
c
any disk, tape, sound track or other device in which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
d
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
Offences
3
Where there is, in respect of any fishing boat to which a relevant Community provision applies, a contravention of, or failure to comply with, that provision within British fishery limits, the master, the owner and the charterer (if any) of that boat shall each be guilty of an offence.
Penalties
4
1
A person guilty of an offence under article 3 of this Order founded on a contravention of, or failure to comply with, a relevant Community provision, shall be liable —
a
on summary conviction to a fine not exceeding the amount specified in the appropriate entry in column 4 of the Schedule to this Order; or
b
on conviction on indictment to a fine.
2
A person guilty of an offence under article 3 of this Order founded on a contravention of, or failure to comply with —
a
a relevant Community provision to which paragraph (3) below applies shall also be liable —
i
to the forfeiture of any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence, or which was used for catching any fish in respect of which the offence was committed; and
ii
to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed; or
b
a relevant Community provision to which paragraph (4) below applies shall also be liable to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed.
3
This paragraph applies to Articles 1, 2(1), 3(1) and 4 of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and Articles 1, 2(1) and 3(1) of the Council Regulation referred to in paragraph 2 of the Schedule to this Order.
4
This paragraph applies to Article 2(2) of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and Article 2(2) of the Council Regulation referred to in paragraph 2 of the Schedule to this Order.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master or a member of the crew of a fishing boat who is convicted by the court of an offence under article 3 or 10 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under article 3 or 10 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of and stay of execution of certain warrants and objections as to want of form or variance between complaint etc and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing the provisions of article 3 of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) of this article in relation to any fishing boat to which a relevant Community provision applies, which is within British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination; and
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether an offence has been committed under article 3 of this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 3 of this Order has at any time been committed, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
1
For the purpose of enforcing the provisions of article 3 of this Order, any British sea-fishery officer may —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of his examination of it;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed an offence under article 3 of this Order, may search the premises for any such document and may require any person on the premises to do anything which appears to him to be necessary for facilitating the search;
h
inspect and take copies of any such document.
2
The provisions of paragraph (1) above shall apply mutatis mutandis in relation to any land used in connection with any of the activities described in paragraph (1) above, or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
Powers of British sea-fishery officers to seize fish and fishing gear
8
1
Any British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) and any net or other fishing gear in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order founded on a contravention of, or failure to comply with, a relevant Community provision to which paragraph (2) below applies has been committed;
b
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order founded on a contravention of, or failure to comply with, a relevant Community provision to which paragraph (3) below applies has been committed.
2
This paragraph applies to Articles 1, 2(1), 3(1) and 4 of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and Articles 1, 2(1) and 3(1) of the Council Regulation referred to in paragrah 2 of the Schedule to this Order.
3
This paragraph applies to Article 2(2) of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and Article 2(2) of the Council Regulation referred to in paragraph 2 of the Schedule to this Order.
Protection of officers
9
An officer or a person assisting him by virtue of article 6(2) or 7(1)(b) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by article 6, 7 or 8 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
10
Any person who, on any fishing boat which is within British fishery limits and to which a relevant Community provision applies —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 6, 7 or 8 of this Order; or
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
assaults or intentionally obstructs an officer who is exercising any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Proceedings
11
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Admissibility in evidence of logbooks and other documents
12
Any logbook or other document kept on board or held in pursuance of a relevant Community provision shall, in any proceedings for an offence under this Order —
a
in England, Wales or Northern Ireland, be evidence of the matters stated therein; and
b
in Scotland, be received in evidence without being produced or sworn to by any witness and shall be sufficient evidence of the matters stated therein.
Revocation and saving
13
The Third Country Fishing (Enforcement) Order 1995 and the Third Country Fishing (Enforcement) (Amendment) Order 1995 are hereby revoked, but without prejudice to the application of articles 5 to 8 of the Third Country Fishing (Enforcement) Order 1995 in relation to the enforcement of article 2 of that Order.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
26th March 1996
Raymond Robertson
Parliamentary Under Secretary of State,
Scottish Office
27th March 1996
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State,
Welsh Office
3rd April 1996
Patrick Mayhew
Secretary of State for Northern Ireland
28th March 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 1997 and shall come into force on 7th April 1997.
2
In these Regulations, unless the context otherwise requires —
“the Administration Act ” means the Social Security Administration Act 1992; and
“the Up-rating Order ” means the Social Security Benefits Up-rating Order 1997 .
Exceptions relating to payment of additional benefit under awards made before the commencing date
2
Section 155(3) of the Administration Act (effect of alteration of rates of benefit under Parts II to V of the Contributions and Benefits Act) shall not apply if a question arises as to either —
a
the weekly rate at which the benefit is payable by virtue of the Up-rating Order; or
b
whether the conditions for receipt of the benefit at the altered rate are satisfied;
until that question has been determined in accordance with the provisions of the Administration Act.
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualifications in respect of up-rating of benefits) shall apply to any additional benefit payable by virtue of the Up-rating Order.
Amendment of the Social Security (General Benefit) Regulations 1982
4
In regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) for the sum of “£2,366.00” there shall be substituted the sum of “£2,418.00”.
Amendment of the Social Security Benefit (Dependency) Regulations 1977
5
In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (prescribed circumstances for increase of invalid care allowance) in sub-paragraphs (a) and (b) for the sum of “£130” there shall be substituted the sum of “£135”.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
6
In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 (limit of earnings from councillor’s allowance) for the sum of “£45.50” there shall be substituted the sum of “£46.50”.
Revocation
7
The Social Security Benefit Up-rating Regulations 1996 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Minister of State,
Department of Social Security
4th March 1997


text:
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1997 and shall come into force on 30th June 1997.
2
1
The Motor Vehicles (Type Approval) (Great Britain) (Amendment) ( No. 2) Regulations 1996 shall be amended as follows.
2
In regulation 8, for the words “1st July 1997” in the new regulation 13A(2) (obligatory certificates) to be inserted into the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 , there shall be substituted “1st January 1998”.
Signed by authority of the Secretary of State for Transport
Helene Hayman
Parliamentary Under-Secretary of State,
Department of Transport
28th May 1997


text:
1
This Order may be cited as the A41 Trunk Road (Baker Street, Westminster) Red Route (Prohibited Turn) Traffic Order 1997, and shall come into force on 26th April 1997.
2
Subject to the provisions of article 3 below, no person shall cause or permit any vehicle proceeding south-eastward in Baker Street, in the City of Westminster, to make a left turn into Marylebone Road.
3
Nothing in article 2 above shall apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Revocations
4
The A41 Trunk Road (Baker Street) Red Route (Prohibited Turn) ( No. 1) Experimental Traffic Order 1995 is hereby revoked.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
18th April 1997


text:
Citation
1
This Order may be cited as the Architects Act 1997 (Commencement) Order 1997.
Commencement
2
The Architects Act 1997, except for section 28 (short title, commencement and extent) , shall come into force on 21st July 1997.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th July 1997


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Chargeable Amounts for Small Hereditaments) Amendment Regulations 1997 and come into force on the day after the day on which they are made.
Amendment of the 1994 Regulations
2
1
The Non-Domestic Rating (Chargeable Amounts) Regulations 1994 are amended in accordance with the following paragraphs.
2
At the end of regulation 38 add —
and as if for subsections (3) and (4) of section 46 there were substituted —
3
Subject to subsection (4) below, B is the non-domestic rating multiplier for the financial year beginning in 1996.
4
Where the hereditament is situated in the area of a special authority, B is the authority’s non-domestic rating multiplier for the financial year beginning in 1997 less the small hereditament factor.
.
3
At the end of regulation 39, add —
and as if for subsection (3) and (4) of section 46 there were substituted —
3
Subject to subsection (4) below, B is the non-domestic rating multiplier for the financial year less the small hereditament factor.
4
Where the hereditament is situated in the area of a special authority, B is the authority’s non-domestic rating multiplier for the financial year less the small hereditament factor.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
17th March 1997
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State Welsh Office
17th March 1997


text:
Citation and commencement
1
This Order may be cited as the Bicester (Tibbett & Britten Consumer Limited Siding) Order 1997 and shall come into force on 24th September 1997.
Interpretation
2
In this Order, unless the context requires otherwise: —
“the Applications Rules ” means the Transport and Works (Application and Objections Procedure) Rules 1992;
“authorised railway” means the railway whose construction is authorised by this order;
“authorised works” means the scheduled work and any other works authorised by this Order;
“carriageway” has the same meaning as in the Highways Act 1980 ;
“highway” and “highway authority” have the same meaning as in the Highways Act 1980;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“the Order plans” means the plans described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order and marked by the Secretary of State as “the Order plans” for the purposes of this Order;
“the scheduled work” means the work specified in Schedule 1 to this Order;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding three years;
“the Secretary of State” means the Secretary of State for Transport;
“the sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with this Order and marked by the Secretary of State as “the sections” for the purposes of this Order;
“ the Transfer ” means a transfer of land dated 16 May 1994 between Bicester Park Development Company Limited and Tibbett & Britten Limited (including its successors in title); and
“the undertaker” means Tibbett & Britten Consumer Limited, whose registered office is at Ross House, 1 Shirley Road, Windmill Hill, Enfield, Middlesex EN1 6SB.
Application of enactments relating to railways
3
1
The following provisions of the Railway Clauses Consolidation Act 1845 shall be incorporated in this Order but shall apply only in relation to the authorised railway: —
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 61 (company to make sufficient approaches and fences to highways crossing on the level);
section 68 (accommodation works by company); and
section 145 (recovery of penalties).
2
In these provisions, as incorporated in this Order: —
“the company” means the undertaker;
“goods” includes anything conveyed on the railways authorised to be constructed by this Order; and
“the railway” means the authorised railway and, except where the context otherwise requires, any authorised works ancillary to the authorised railway.
Power to construct and maintain works
4
1
The undertaker may construct and maintain the scheduled work.
2
Subject to article 5 below, the scheduled work may only be constructed in the lines or situations shown on the Order plans and in accordance with the levels shown on the sections.
3
The undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled work, namely —
a
works to alter the position of apparatus, including mains, sewers, drains and cables;
b
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works.
4
The undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the scheduled work.
5
Paragraphs (3) and (4) above shall only authorise the carrying out or maintenance of works within the limits of deviation for the scheduled work shown on the Order plans.
6
Paragraphs (3) and (4) above shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.
Power to deviate
5
In constructing or maintaining the scheduled work, the undertaker may —
a
deviate laterally from the lines or situations shown on the Order plans within the limits of deviation for that work shown on those plans, and
b
deviate vertically from the levels shown on the sections to any extent not exceeding 0.3 metres upwards or downwards.
Level crossing
6
1
The undertaker may construct the authorised railway so as to carry it over the level crossing and across the specified highway given in Part I of Schedule 2 to this Order.
2
The undertaker may provide, maintain and operate at or near the new level crossing the protective equipment specified in Part II of Schedule 2 to this Order or such additional or substituted protective equipment as the Secretary of State may in writing approve.
3
In paragraph (2) above “protected equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Road Traffic Regulation Act 1984 ), manual, mechanical, automatic, electrical and telephone equipment and other devices.
4
Any traffic sign placed pursuant to this article on or near a highway or other road to which the public has access shall be treated for the purposes of section 64(4) of the Road Traffic Regulation Act 1984 as having been authorised under that subsection.
5
The undertaker may in the exercise of the powers of this article alter the level of the highway.
6
The highway authority may enter into agreements with the undertaker with respect to the construction and maintenance of the level crossing; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.
Gauge of railway
7
The authorised railway shall have a gauge of 1,435 millimetres.
Power to operate and use railway
8
The undertaker, Bicester Park Development Company Limited and (with the consent in writing of the Secretary of State) any other party with the benefit of rights reserved to the land referred to as the “Retained Land” in the Transfer may operate and use the authorised railway and the other authorised works as a system, or part of a system, for the carriage of goods.
Maintenance of approved works etc.
9
1
Where pursuant to the Railways and other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment (including vehicles) forming part of the authorised railway such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the authorised railway.
2
If without reasonable cause the provisions of paragraph (1) above are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Health and Safety Executive or the Director of Public Prosecutions.
Powers to transfer and lease rights of operation etc.
10
1
The undertaker may, with the consent in writing of the Secretary of State —
a
transfer to another person (“the transferee”) its right to construct, maintain, use or operate the authorised railway (or any part of it) and such related statutory rights as may be agreed between the undertaker and the transferee, or
b
grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee the right to construct, maintain, use or operate the authorised railway (or any part of it) and such related statutory rights as may be so agreed.
2
The terms of any proposed transfer or grant under paragraph (1) above shall be subject to the approval of the Secretary of State and the owner for the time being of the land affected by this Order shall be notified of such proposed transfer or grant under article 10(1) and may make representations which the Secretary of State shall consider.
3
Where an agreeement is made by virtue of paragraph (1) above references in this Order to the undertaker shall include references to the transferee or the lessee.
Certification of plans etc.
11
The undertaker may, as soon as practicable after the making of this Order, submit copies of the Order plans and sections to the Secretary of State for certification that they are true copies of, respectively, the Order plans and sections referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Signed by authority of the Secretary of State for Transport.
Richard Bird
Director, Urban and Local Transport Directorate,
Department of the Environment, Transport, and the Regions
3 September 1997


text:
Citation and commencement and interpretation
1
1
These Regulations may be cited as the Housing (Prescribed Forms) (Amendment) Regulations 1997 and shall come into force on 8th April 1997.
2
In these Regulations “the principal Regulations ” means the Housing (Prescribed Forms)( No. 2) Regulations 1990 , and a reference to a numbered form in the Second Schedule to these Regulations is a reference to the form bearing that number in the Schedule to the principal Regulations.
Amendment of Principal Regulations
2
Regulation 2 of the principal Regulations shall be amended as set out in the First Schedule hereto, and the forms set out in the Schedule to the principal Regulations shall be amended as set out in the Second Schedule hereto.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
13th March 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State Welsh Office
14th March 1997


text:
Citation and commencement
1
This Order may be cited as the A501 Trunk Road (Euston Road, Camden and Westminster) Red Route (Prescribed Route and Prohibited Turn) Traffic Order 1997, and shall come into force on 2nd June 1997.
Interpretation
2
In this Order:
a
causing includes permitting, and cause shall be construed accordingly;
b
a reference to an article followed by a number is a reference to the article of this order so numbered;
c
“the Osnaburgh Street island” means the triangular island site situated at or adjacent to the junction of Euston Road and Osnaburgh Street in the City of Westminster and the London Borough of Camden.
Prescribed Routes and Prohibitive Turns
3
Subject to the provisions of article 4 below, every person causing any vehicle to enter the trunk road from Osnaburgh Street, in the London Borough of Camden —
a
on passing the east side of the Osnaburgh Street Island, shall cause that vehicle on reaching the junction with Euston Road to turn left into Euston Road; and
b
on passing the west side of the Osnaburgh Street island shall cause that vehicle on reaching the junction with Euston Road, to proceed ahead into the carriageway which lies immediately to the east of Great Portland Street, London Transport Station and forms part of the north-east to south-west arms of Euston Road and Great Portland Street.
Exemptions
4
Nothing in Article 3 of this Order shall apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Revocations
5
The A501 Trunk Road (Euston Road and Osnaburgh Street, Camden and Westminster) Red Route (Prescribed Route and Prohibited Turn No. 1) Experimental Order 1995 is hereby revoked.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
20 May 1997