text:
Commencement and citation
1
This Order may be cited as the London Borough of Camden (Trunks Roads) Red Route (Bus Lanes) Traffic Order 1997, and shall come into force on 17th March 1997.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “bus lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“dial-a-ride bus” means a vehicle —
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
g
“times of operation” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the times specified in that item in column (3) of that table;
h
“permitted vehicles” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the vehicles specified in that item in column (5) of that table;
i
an entry in column (3) , (4) or (5) of an item in the table in the schedule to this order applies to that column in subsequent items in that schedule.
Bus Lane Controls
3
1
No person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of that table in the schedule to this order during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
The controls specified in paragraph (1) of this article do not apply so as to prevent a vehicle stopping in a bus lane for as long as may be necessary —
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other order.
Exemptions
4
1
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within the exemption to a restriction or prohibition imposed by any other order made under the Road Traffic Regulation Act 1984 or which is permitted by any other order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle stopping in a bus lane if the vehicle is being used in —
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommuni cations Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane and in so far as the activity is not prohibited by the provisions of any other made under the Road Traffic Regulation Act 1984.
3
The controls specified in article 3(1) do not apply in respect of —
a
a vehicle entering or stopping in a bus lane so as to avoid an accident;
b
a vehicle entering or stopping in a bus lane to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
a vehicle crossing a bus lane in order to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane;
d
a vehicle being in a bus lane to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane;
e
a vehicle being used for ambulance, fire brigade or police purposes;
f
a vehicle stopping in a bus lane if it has lawfully entered the bus lane and it has to stop —
i
by law;
ii
to avoid an accident;
iii
in circumstances beyond the drivers control;
g
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
5
The A501 Trunk Road (Camden and Islington) Red Route (Bus Lanes) Experimental Traffic Order 1996 and The A501 Trunk Road (Camden) Red Route (Bus Lane) ( No. 1) Experimental Traffic Order 1996 are hereby revoked in so far as their provisions relate to any length of road specified in the table in the schedule to this order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
24th February 1997


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
This Order may be cited as The A41 Trunk Road (Camden) Red Route Experimental (No. 2) Traffic Order 1997, and shall come into force on 14th February 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” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
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.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
5
In so far as the provisions of paragraph (1) of this article relate to a length of road to which paragraph (2) of this article also relates, the provisions of paragraph (2) shall prevail.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
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 vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus” has the meaning given to that expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) 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) and (2) 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) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Camden (Waiting and Loading Restrictions) (No. 2) Order 1993 is hereby suspended, in so far as its 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 Camden (Waiting and Loading Restrictions) (No. 2) Order 1993 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
31st January 1997


text:
Citation and commencement
1
These Regulations may be cited as the Wine and Made-wine (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
Amendment of the Wine and Made-wine Regulations 1989
2
1
The Wine and Made-wine Regulations 1989 shall be amended as follows.
2
In regulation 11(1) —
a
for the words “the time it is sent out of that winery” there shall be substituted the following —
the earlier of the following times —
the time it is consumed at that winery; or
the time it is sent out from that winery;
and
b
for “remitted.” in subparagraph (b) there shall be substituted “remitted;” and after that subparagraph there shall be inserted —
c
where the time of consumption of the wine or the made-wine at a winery cannot be established to the Commissioners' satisfaction (for the purposes of determining the appropriate rate of duty in relation to the excise duty point specified by subparagraph (i) above), the rate of duty shall be taken to be the highest rate in force during the preceding 12 calendar months ending on the day before the time when the Commissioners can, for the first time, make an assessment of the excise duty due (as governed by section 12 of the Finance Act 1994 ) in respect of that consumption.
.
3
In regulation 13(c) the following shall be inserted after the word “winery” —
for any reason (other than the reason that the cider was consumed at those premises)
.
4
In regulation 14(b) for the word “produced” there shall be substituted the word “made”.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
7th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 1997 and shall come into force on 1st July 1997.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Manufactured Overseas Dividends) Regulations 1993 , and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 2A —
a
in paragraph (1) —
i
in sub-paragraph (b) for the words from “pays” to “being” there shall be substituted the words “draws up accounts for any period (“the accounts period”), means”;
ii
in sub-paragraph (c) for the words from “pays” to the end there shall be substituted the words “does not draw up accounts, means a year of assessment”;
b
paragraph (3) shall be omitted.
4
In regulation 4 for paragraph (2) there shall be substituted —
2
The circumstances prescribed by this paragraph are where —
a
a manufactured overseas dividend is paid to an approved United Kingdom intermediary or an approved United Kingdom collecting agent by an overseas dividend manufacturer who —
i
is resident in the United Kingdom or, if not so resident, makes the payment in the course of a trade which he carries on through a branch or agency in the United Kingdom, and
ii
is not an approved United Kingdom intermediary; and
b
the manufactured overseas dividend is not representative of the overseas dividend received by the overseas dividend manufacturer.
5
In regulation 7(3A) after the words “paragraph 4(3) of that Schedule” there shall be inserted the words “were an amount equal to the excess of the gross amount of the overseas dividend over the amount of that overseas dividend received by the overseas dividend manufacturer and”.
6
In regulation 9 for paragraph (4A) there shall be substituted —
4A
Subject to paragraphs (4B) and (5), where overseas dividends or manufactured overseas dividends received by the overseas dividend manufacturer in any chargeable period fall to be matched, in accordance with regulation 10(1), against manufactured overseas dividends paid by him in that period, relief under Part XVIII of the Taxes Act may not be claimed by the overseas dividend manufacturer in respect of any tax referred to in paragraph (1A) that is attributable to those overseas dividends or manufactured overseas dividends received.
4B
Where overseas dividends or manufactured overseas dividends received by the overseas dividend manufacturer in any chargeable period fall to be matched, in accordance with regulation 10(1), against manufactured overseas dividends to which regulation 5 applies that are paid by him in that period, relief under section 811 of the Taxes Act shall be given to the overseas dividend manufacturer in respect of any tax referred to in paragraph (1A) that is attributable to those overseas dividends or manufactured overseas dividends received.
4C
Subject to paragraph (5), where tax referred to in paragraph (1A) that is attributable to overseas dividends or manufactured overseas dividends received by the overseas dividend manufacturer in any chargeable period is set off, in accordance with this regulation, against tax referred to in paragraph (1B) that is attributable to manufactured overseas dividends paid by him in that period, relief under Part XVIII of the Taxes Act may not be claimed by the overseas dividend manufacturer in respect of any tax referred to in paragraph (1A) that is attributable to those overseas dividends or manufactured overseas dividends received.
7
After regulation 9 there shall be inserted the following regulation —
Offsetting of tax by overseas dividend manufacturers who are not United Kingdom intermediaries
9A
1
An overseas dividend manufacturer who is not an approved United Kingdom intermediary shall be entitled to set off in any chargeable period amounts of overseas tax in respect of overseas dividends received by him in that chargeable period against sums due from him on account of the amounts deducted by him under paragraph 4(2) of Schedule 23A from manufactured overseas dividends paid by him in that chargeable period that are representative of those overseas dividends.
2
Where overseas tax referred to in paragraph (1) is set off against sums referred to in that paragraph, relief under Part XVIII of the Taxes Act may not be claimed by the overseas dividend manufacturer in respect of that overseas tax.
3
References in this regulation to overseas tax shall be construed in accordance with regulation 9(7).
8
In regulation 10(1)(a)(iii) for “9(3)” there shall be substituted “9(1A)”.
9
1
In regulation 11(2) for “90” there shall be substituted “30”.
2
Paragraph (1) has effect in relation to chargeable periods ending on or after 1st July 1997.
Roger Knapman
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 1997


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Channel Tunnel Rail Link (Fees for Requests for Planning Approval) Regulations 1997, and shall come into force —
a
for all purposes, except those of regulations 7, 8 and 9 and Schedules 4 and 5 on 8th April 1997;
b
for the purposes of regulations 7, 8 and 9 and Schedules 4 and 5, on 1st October 1997.
2
Any fee payable under these Regulations shall be calculated in accordance with these Regulations as they have effect on the date on which the request for approval is made.
Interpretation, and general provisions as to fee calculation and payment date
2
1
In these Regulations:
“ the Act ” means the Channel Tunnel Rail Link Act 1996, and “the Schedule” means Schedule 6 to the Act;
“additional details request” means a request for approval of additional details where such approval is required pursuant to paragraph 5(2), 6(2), 14(2), 15(2), 21(2) or 22(2) of the Schedule;
“appeal” means an appeal to the appropriate Ministers pursuant to paragraph 32 of the Schedule;
“approval” means approval under Part II or III of the Schedule;
“authority” means relevant local authority;
“mitigation scheme” means a scheme referred to in paragraph 9(3)(b) or 17(3)(b) of the Schedule;
“qualifying authority” and “non-qualifying authority” mean respectively, an authority which is, and one which is not, a qualifying authority for the purposes of the Schedule;
“request” means a request for approval under the planning permission deemed to be granted by section 9(1) of the Act;
“site restoration scheme” means a scheme referred to in paragraph 8(1) or 24(1) of the Schedule;
“the undertaker” means the nominated undertaker; and
“working day” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .
2
Where, pursuant to these Regulations, a prescribed fee is calculated by reference to the gross floor space to be created, the area of that space shall be ascertained by external measurement of the floor space, whether or not it is to be bounded (wholly or partly) by external walls of a building.
3
Where, pursuant to these Regulations, the prescribed fee is calculated by reference to site area, that area shall be taken to consist of the area of land to which the request relates.
4
Where the gross floor space or the site area (as the case may be) is not an exact multiple of the unit of measurement specified, the fraction of unit remaining after division of the total area by the unit of measurement shall be treated as a complete unit.
5
Where approval is sought in a single document for:
a
the plans and specifications of more than one operation or work;
b
arrangements for more than one matter;
c
more than one mitigation scheme or site restoration scheme;
d
the bringing into use of more than one work referred to in paragraph 9(2) or 17(2) of the Schedule; or
e
additional details in more than one respect —
the total of the fees payable shall be calculated by adding together the fees payable in respect of each item, whether or not the document treats each item as a separate request.
6
Any notice or notification to be given pursuant to these Regulations shall be in writing.
Fees for requests
3
Where the undertaker makes a request to an authority, it shall, subject to the exceptions set out in Schedule 1 hereto, pay a fee to that authority in accordance with these Regulations.
Fees payable to a qualifying authority before 1st October 1997
4
The fee payable to an authority which is a qualifying authority in respect of a request (not being an additional details request) made before 1st October 1997 shall be the amount specified for the appropriate category in the table set out in Schedule 2 hereto.
Fees payable to a non-qualifying authority before 1st October 1997
5
The fee payable to an authority which is a non-qualifying authority in respect of a request (not being an additional details request) made before 1st October 1997 shall be the amount specified for the appropriate category in the table set out in Schedule 3 hereto.
Fee payable in respect of an additional details request made before 1st October 1997
6
The fee payable to an authority in respect of an additional details request made before 1st October 1997 shall be £90.
Increase in fees payable to a qualifying authority on or after 1st October 1997
7
The fee payable to an authority which is a qualifying authority in respect of a request (not being an additional details request) made on or after 1st October 1997 shall be the amount specified for the appropriate category in the table set out in Schedule 4 hereto.
Increase in fees payable to a non-qualifying authority on or after 1st October 1997
8
The fee payable to an authority which is a non-qualifying authority in respect of a request (not being an additional details request) made on or after 1st October 1997 shall be the amount specified for the appropriate category in the table set out in Schedule 5 hereto.
Increase in fee payable in respect of an additional details request on or after 1st October 1997
9
The fee payable to an authority in respect of an additional details request made on or after 1st October 1997 shall be £95.
General provisions concerning fee payment
10
1
Any fee paid pursuant to these Regulations shall be refunded if the request is rejected as invalidly made.
2
Where a fee due in respect of a request has been paid by a cheque which is subsequently dishonoured, the appropriate period for the purposes of paragraph 32(3) of the Schedule shall be calculated without regard to any time between the date when the authority dispatches to the undertaker notice of the dishonouring of the cheque and the date on which the authority is satisfied that it has received the full amount of the fee.
Termination of request on non-payment of fee
11
1
Where —
a
the prescribed fee is not paid to the authority within a period of 6 weeks beginning with the date of its receipt of the request; and
b
the undertaker has not, within that period, notified the authority that it disputes the amount of the fee payable pursuant to these Regulations or that it claims an exception set out in Schedule 1 hereto is applicable —
the authority may treat the request as terminated.
2
Where the authority decides to treat an application as terminated pursuant to paragraph (1), it shall, before the expiry of the appropriate period for the purposes of paragraph 32(3) of the Schedule, give notice of its decision to the undertaker.
3
For the purposes of this regulation and of regulation 12:
a
a fee or the balance of a fee is paid when a cheque is tendered to the authority in payment of it, except where the cheque is dishonoured; and
b
where a cheque is dishonoured, the fee or balance of the fee is paid when the authority is satisfied that it has received the full amount of the fee or balance.
Resolution of disputes
12
1
Where paragraph 32(3) of the Schedule applies and, on making an appeal to the appropriate Ministers, the undertaker notifies them that there is a dispute with the authority as to:
a
the amount of the fee payable pursuant to these Regulations; or
b
whether any exception set out in Schedule 1 hereto is applicable —
the appropriate Ministers may determine that issue prior to their consideration of the appeal.
2
Where:
a
the appropriate Ministers have determined that issue;
b
they have notified the undertaker and the authority of the prescribed fee; and
c
that fee is a sum larger than that already paid to the authority, or no fee has been paid to the authority —
the undertaker shall, within a period of 3 working days beginning with the date of the undertaker’s receipt of such notification, pay to the authority the prescribed fee, or the balance of that fee, as the case may be.
3
Where the undertaker does not pay the prescribed fee or the balance of that fee, as the case may be, within the period mentioned in paragraph (2), the authority shall, within a period of 10 working days beginning with the date of its receipt of the appropriate Ministers’ notification under paragraph (2)(b), decide whether or not to treat the request as terminated.
4
Where:
a
the authority, pursuant to paragraph (3), decides not to treat the request as terminated;
b
the cheque tendered in payment of the balance of the fee is dishonoured; and
c
notice of the dishonour had not been received by the authority prior to its decision —
the authority may, within a period of 7 working days beginning with the date of its receipt of the notice of dishonour, decide to treat the request as terminated.
5
Where an authority makes a decision pursuant to paragraph (3) or (4), it shall, within a period of 7 working days beginning with the date of the decision, give to the appropriate Ministers and to the undertaker notice of its decision.
6
Where the authority has decided to treat a request as terminated pursuant to paragraph (3) or (4), the date of termination of the request shall be the date of receipt by the appropriate Ministers of the notice mentioned in paragraph (5), and on and after that date, the appeal shall be treated for all purposes as terminated.
Signed by authority of the Secretary of State for the Environment
Robert Jones
Minister of State,
Department of the Environment
12th March 1997
Signed by authority of the Secretary of State for Transport
Goschen
Paliamentary Under Secretary of State,
Department of Transport
13th March 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government (Compensation for Redundancy) (Amendment) Regulations 1997 and shall come into force on 23rd September 1997.
2
In these Regulations “the 1994 Regulations ” means the Local Government (Compensation for Redundancy) Regulations 1994 .
Amendments to the 1994 Regulations
2
The 1994 Regulations are amended —
a
in regulation 2 —
i
by inserting before the definition of “continuous employment” the following —
“a combined fire authority” means a fire authority constituted by a combination scheme made under the Fire Services Act 1947 for a combined area in England which comprises the areas of two or more authorities in respect of whom a relevant order is made.
;
ii
in the definition of “prescribed period” by substituting for the words “the order under section 17 of the Local Government Act 1992” the words “the relevant order”;
iii
by substituting for the definition of “relevant body” the following —
“relevant body” means —
in England, an authority in respect of whom a relevant order is made or a combined fire authority; and
in Wales, a body referred to in section 43(1)(a) of the Local Government (Wales) Act 1994 and, for the purposes of this definition, a National Park authority in Wales and the fire authorities constituted under the North Wales Fire Services (Combination Scheme) Order 1995 , the Mid and West Wales Fire Services (Combination Scheme) Order 1995 and the South Wales Fire Services (Combination Scheme) Order 1995 shall be treated as if they were a body referred to in that section.
;
iv
by inserting after the definition of “relevant disqualification” the following definition —
“relevant order” means —
in relation to a combined fire authority, the order under section 17 of the Local Government Act 1992 which affects the councils the combined areas of which comprise the fire authority area for that combined fire authority, and
in relation to any other relevant body in England, the order under section 17 of that Act which affects the structure or area of that body;
;
b
in regulation 6(4)(b) , by inserting after the words “under section 39 of that Act” the words “or a fire authority”; and
c
in regulation 7 —
i
by inserting at the beginning of paragraph (3) the words “Subject to paragraph (4)”; and
ii
by adding the following paragraph —
4
Paragraph (3) shall not apply where the successor relevant body is a fire authority.
.
Transitional provisions
3
Where —
a
if these Regulations had come into force on 1st April 1996 a fire authority would have been able to make a determination in respect of a person under regulation 7 of the 1994 Regulations,
b
and they give notice of a determination in respect of such a person within six months after the date that these Regulations come into force,
the determination shall have effect as if these Regulations had come into operation on 1st April 1996 and the determination had been made within six months after the material date (as defined in the 1994 Regulations) in respect of that person.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
26th August 1997


text:
Citation and commencement
1
This Order may be cited as the Glan Hafren National Health Service Trust (Establishment) Amendment Order 1997 and shall come into force on 28th April 1997.
Amendment of Establishment Order
2
For Article 3 of the Glan Hafren National Health Service Trust (Establishment) Order 1996 there shall be substituted the following Article: —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be —
a
to own and manage under section 5(1)(a) of the Act hospital accommodation and services provided at Royal Gwent Hospital, Cardiff Road, Newport, Gwent NP9 2UB and associated hospitals (including the management of its teaching and research facilities);
b
to manage under section 5(1)(a) of the Act community health services provided from Royal Gwent Hospital, Cardiff Road, Newport, Gwent NP9 2UB and to own the associated premises;
c
to provide and manage under section 5(1)(b) of the Act hospital accommodation and services at Chepstow Neighbourhood Health Unit, Chepstow; and
d
to manage under section 5(1)(b) of the Act community health services provided from all or any of the following premises —
i
Chepstow Neighbourhood Health Unit, Chepstow
ii
7 Sandpiper Way, Dyffryn, Newport, and
iii
Oakfield Street Surgery, Ystrad Mynach
and to provide the associated premises.
.
William Hague
Secretary of State for Wales
4th April 1997


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Loans) Regulations 1997 and shall come into force on 1st August 1997.
Revocation
2
The Education (Student Loans) Regulations 1996 are hereby revoked.
Interpretation
3
1
In these Regulations, except where the context otherwise requires —
“accelerated course” means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years’ duration or a course for the degree of BA(Hons.) with Qualified Teacher Status awarded by St Martin’s College, Lancaster;
“ the Act ” means the Education (Student Loans) Act 1990;
“borrower” means a person to whom a loan has been made;
“eligible” means eligible for the purposes of section 1 of the Act read with regulation 4 and the Schedule to these Regulations;
“full-time course” means a sandwich course or a course —
which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) —
in the case of a course of one academic year’s duration, for a period of at least 24 weeks; and
in the case of a course of two or more academic years’ duration, for a period of at least 24 weeks in each academic year except the final year and of at least eight weeks in the final year; and
the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each academic year to an average of at least 21 hours a week as respects the periods of attendance mentioned in sub-paragraph (a) above for the year;
“loan” means a loan (whether made before or after the coming into force of these Regulations) towards a student’s maintenance out of money made available by the Secretary of State for that purpose pursuant to arrangements made by the Secretary of State by virtue of section 1 of the Act, including the interest accrued on the loan and the amount of the loan from time to time outstanding;
“loans administrator” means any person or body for the time being exercising functions in relation to loans under arrangements made with the Secretary of State pursuant to paragraph 3 of Schedule 2 to the Act;
“periods of work experience” means periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside the institution;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child; and
“sandwich course” means a course consisting of alternate periods of full-time study in an institution and periods of work experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year; and for the purpose of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period.
2
For the purposes of these Regulations an academic year which begins in the month of July in any year shall be deemed to begin in the month of August immediately following that month.
3
In these Regulations any reference to a regulation is a reference to a regulation of these Regulations, any reference in a regulation to a paragraph is a reference to a paragraph of that regulation, and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.
Conditions of eligibility
4
1
A student attending a course of higher education of at least one academic year’s duration shall be eligible for a loan in relation to an academic year which begins on or after 1st August 1997 if —
a
his course of study during that academic year forms part or all of —
i
a full-time course; or
ii
a course (whether or not full-time) for the initial training of teachers which is for the time being designated by or under regulations made by virtue of section 1(2)(b) and (3)(c) of the Education Act 1962 ; and
b
i
he satisfies the conditions prescribed in the Schedule to these Regulations; or
ii
in respect of the course he satisfies one of the conditions of eligibility for an allowance set down in Schedule 1 to the Students’ Allowances (Scotland) Regulations 1991 ; or
iii
before the commencement of or at any time during that academic year he is a person, or the spouse or child of a person, who has been recognised as a refugee and who from the time of such recognition has been ordinarily resident in the British Islands; and
c
the loans administrator has received the certified eligibility form referred to in regulation 13(4)(g) or (6)(d) in connection with his application for the loan; and
d
he has agreed with the loans administrator to notify the latter promptly in writing if he ceases to attend his course —
i
because he has completed it on a date earlier than that specified by him in the eligibility form referred to in regulation 13(4)(d) or (6)(a); or
ii
otherwise than because he has completed it; and
e
he has agreed with the loans administrator to accept payment of the loan by direct credit to his bank or building society account and has provided the administrator with a signed direct debiting instruction in favour of the administrator in respect of repayments of the loan from that account; and
f
he has entered into an agreement for the loan not later than the end of the period of 12 months beginning on 1st August in which that academic year begins; and
g
he is not a person to whom paragraph (2) applies.
2
This paragraph applies to a person who —
a
before the date on which the course begins has attained the age of fifty years; or
b
in respect of the academic year in question is eligible to receive any payment in pursuance of any bursary or award of similar description bestowed on him in pursuance of section 63 of the Health Services and Public Health Act 1968 the amount of which is not calculated by reference to his income; or
c
in respect of his attendance at the course is eligible to receive an allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992 ; or
d
is in breach of any obligation contained in any agreement for a loan; or
e
subject to paragraph (3) was under the age of 18 when any agreement for a loan was made with him and who has not ratified that agreement after attaining that age.
3
In the case of an agreement for a loan which is subject to the law of Scotland, sub-paragraph (e) of paragraph (2) shall apply only if —
a
the agreement referred to in that sub-paragraph was entered into before 25th September 1991; and
b
that agreement was made —
i
with the concurrence of the borrower’s curator; or
ii
at a time when the borrower had no curator.
4
A student shall not be eligible for more than one loan in relation to any one academic year.
5
A student shall not be eligible for a loan in relation to —
a
more than one academic year, or
b
more than one course
beginning in any period of twelve months beginning on 1st August in any year.
Designation of courses by Secretary of State
5
For the purposes of section 1 of the Act the Secretary of State may designate courses of higher education at institutions other than institutions receiving support from public funds.
Amounts of loans
6
1
Subject to paragraphs (3) to (5), in the case of a student attending a course at the University of London or at any institution within the area comprising the City of London and the metropolitan police district, the maximum amount of the loan in relation to any academic year shall be —
a
if the year is the final year of the course, £945 if he resides at his parents’ home, and £1,520 if he does not; and
b
if the year is any other year of the course, £1,290 if he resides at his parents’ home, and £2,085 if he does not.
2
Subject to paragraphs (3) to (5), in the case of any other student the maximum amount of the loan in relation to any academic year shall be —
a
if the year is the final year of the course, £945 if he resides at his parents’ home, and £1,230 if he does not; and
b
if the year is any other year of the course, £1,290 if he resides at his parents’ home, and £1,685 if he does not.
3
Where a student’s course includes a period of residence in a country other than the United Kingdom throughout an academic year, the maximum amount of the loan in relation to that academic year shall be £1,230 if the year is the final year of the course and £1,685 if it is not.
4
Where a student’s course is an accelerated course, paragraph (1)(a) shall have effect as if for £945 and £1,520 there were substituted £1,290 and £2,085 respectively and paragraph (2)(a) shall have effect as if for £945 and £1,230 there were substituted £1,290 and £1,685 respectively.
5
For the purposes of paragraphs (1) to (3), where a postgraduate course of initial training for teachers is of only one academic year’s duration that year shall not be treated as a final year, and for the purposes of paragraphs (1) and (2) a student’s place of residence is his place of residence on the date a certificate is given in respect of him pursuant to regulation 13.
Interest
7
1
Notwithstanding the revocation of the Education (Student Loans) Regulations 1996 loans shall bear interest in respect of the period consisting of the month of August 1997 at the rate specified in regulation 7 of those regulations.
2
Loans shall bear interest in respect of any period commencing on or after 1st September 1997 at the rate specified in paragraphs (3) and (4), being the rate appearing to the Secretary of State to be requisite for maintaining the value of the loans in real terms.
3
That rate is the rate of interest per day which, in relation to a loan made on or after 1st September 1997, taking account of the addition of interest to the outstanding amount of the loan in accordance with regulation 8, will result in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 1980 which is equal to the percentage specified in paragraph (4).
4
That percentage is the percentage increase between the retail prices index published by the Central Statistical Office for March 1996 and the retail prices index so published for March 1997.
Time and manner of repayments
8
1
Subject to paragraphs (2) and (3) and regulations 9 to 12 a borrower shall commence repayment of his loan on such day in the month of April next following the date on which he ceased to attend the course as the loans administrator may determine in his case (referred to below in this regulation as “the determined date”).
2
Where a borrower ceases to attend his course without completing it and on the first day thereafter on which it is reasonably practicable for him to do so begins to attend at the same institution another course which satisfies the requirements of regulation 4(1), paragraph (1) shall apply only in relation to the latter course.
3
Where a borrower has ceased to attend his course so that paragraph (1) applies but another loan is made to him in respect of his attendance at another course he shall not be obliged to make repayments in respect of the first loan after the date on which the second loan is made, and thereafter the time and manner of repayment of the first loan shall be the same as the time and manner of repayment of the second loan.
4
Subject to regulations 9 to 12 repayments shall be made in 60 monthly instalments calculated in accordance with paragraphs (7) to (9) in the case of a borrower who has received a loan in relation to less than five academic years and in 84 such instalments calculated as aforesaid in all other cases.
5
Interest accrued on a loan shall be added to the loan at regular monthly intervals and thenceforth form part of the outstanding amount of the loan.
6
On or before the determined date, the amount of the monthly repayments shall be calculated in accordance with paragraph (7).
7
The amount of the loan outstanding on the first day of the month in which the determined date falls and of interest which will accrue during the period of repayment shall be divided by the number of repayments, and the amount so calculated shall be the amount of the monthly repayment until it is re-calculated in accordance with paragraph (8).
8
On 1st September next following the determined date, and on each subsequent 1st September until the loan has been repaid or cancelled, the amount of the loan outstanding on that date and of interest which will accrue during the remaining period of repayment shall be divided by the number of repayments still to be made and the amount so calculated shall be the amount of the monthly repayment.
9
For the purposes of calculating monthly repayments under paragraphs (7) and (8) —
a
no account shall be taken of any repayments due prior to the relevant date which have not been made, but account shall be taken of the amounts of interest which have accrued on such unpaid repayments; and
b
it shall be assumed that —
i
the rate of interest will not change during the period of repayment; and
ii
each repayment will be applied to reduce the amount of the loan immediately after the addition of interest in accordance with paragraph (5).
10
Repayments shall be made by direct debit from the borrower’s bank or building society account unless the loans administrator agrees otherwise.
11
Nothing in this regulation shall be taken to prevent a borrower, after giving notice to the loans administrator, from discharging or with the agreement of the loans administrator reducing his liability in respect of his loan sooner than required by the regulation, and where a borrower wishes so to reduce his liability the amount and time of repayments shall be determined by the loans administrator and the provisions of this regulation (except paragraphs (5) and (10)) shall not longer apply to the loan.
9
Notwithstanding the provisions of regulation 8, the loans administrator may —
a
if it is satisfied that granting a relaxation or indulgence to the borrower which does not vary the agreement for the loan represents a more effective means of recovering the debt due under the agreement than enforcing it according to its terms, grant any such relaxation or indulgence; or
b
if the borrower is in breach of an obligation to repay any loan instalment, and whether or not the loans administrator has notified him that he is entitled to defer making repayment in respect of other loan instalments under regulation 11, require the borrower to make an immediate repayment of the outstanding amount of the loan.
Repayment by disabled borrowers
10
1
In the case of a borrower receiving any disability-related benefit (as defined in regulation 11(6)) at the beginning of or at any time during the period of repayment determined in accordance with regulation 8, the loans administrator may do all or any of the following, namely:
a
allow the borrower to commence repayment of the loan at such date later than that provided by regulation 8 as the loans administrator considers appropriate; or
b
allow the borrower to defer making repayments of the loan until such later date; or
c
allow the borrower to make repayments of the loan in such greater number of instalments of such lesser amounts than those provided by regulation 8 as the loans administrator considers appropriate:
but interest on the loan shall continue to accrue and to be added to the outstanding amount of the loan during any period in which repayments are not being made or during any extended period of repayment.
2
The loans administrator may exercise any discretion conferred on it by paragraph (1) notwithstanding that the outstanding amount of the loan will not in consequence be fully repaid before the borrower’s liability in respect thereof is cancelled by virtue of paragraphs (1)(b) and (2) of regulation 12.
Deferment
11
1
Subject to the provisions of this regulation, a borrower who has not been required to make an immediate repayment of the outstanding amount of his loan under regulation 9(b) shall be entitled to defer making repayments of that loan if he satisfies the loans administrator —
a
that his gross income for the month preceding the month in which he applies for deferment does not exceed the product of £1,316 and the annual adjustment, and
b
if the loans administrator so requires, that his gross average monthly income during the three months immediately following the month first referred to in sub-paragraph (a) will not or is unlikely to exceed that amount.
2
For the purposes of paragraph (1) “the annual adjustment” means the average earnings index for March 1997 divided by the average earnings index for March 1996; and “the average earnings index” means the general index of average earnings (for all employees: whole economy: seasonally adjusted) published by the Department for Education and Employment or, if that index is not published for a month for which it is relevant for the purposes of this regulation, any substituted index or index figures published by that Department.
3
If a borrower falls within paragraph (1), he shall not be obliged to make repayments during a period of twelve months beginning with such date as may be determined by the loans administrator, being a date not more than three months earlier or two months later than the date on which the loans administrator notifies the borrower that he is entitled to defer making repayments.
4
Notwithstanding deferment a borrower may, after giving notice to the loans administrator, resume making repayments at any time before the end of the period of deferment.
5
In determining whether a borrower’s gross monthly income exceeds, will exceed or is likely to exceed the amount specified in paragraph (1) no account shall be taken of any disability-related benefits paid or which will or are likely to be paid to him in the months in question.
6
In paragraph (5) “disability-related benefits” means —
a
the benefits or allowances payable pursuant to the Social Security Contributions and Benefits Act 1992 known as long term incapacity benefit , short term incapacity benefit payable at the higher rate , severe disablement allowance , disability living allowance and industrial injuries benefit ;
b
the amount of any disability premium and severe disability premium included in the applicable amount in calculating the income support payable under the Income Support (General) Regulations 1987 , which amount shall for the purposes of regulations 10(1) and 11(5) be considered to be received, paid or likely to be paid, as the case may be; and
c
disability working allowance payable under sections 123(1)(c) and 129 of the Social Security Contributions and Benefits Act 1992.
7
Interest shall accrue on a loan and shall be added to the outstanding amount thereof during any period of deferment.
Cancellation
12
1
A borrower’s liability to make repayments in respect of all loans shall be cancelled if —
a
he dies; or
b
he is a person to whom paragraph (2) applies.
2
This paragraph applies to a borrower who is not in breach of any obligation in relation to any loan and —
a
if he was aged less than forty when he last entered into an agreement for a loan, if he attains the age of fifty or if the loan for which he last entered into an agreement has been outstanding for not less than twenty five years (whichever event is the sooner); or
b
if he was aged not less than forty when he last entered into an agreement for a loan, if he attains the age of sixty.
Duties of governing bodies in relation to loans
13
1
This regulation prescribes the steps to be taken by the governing body of each institution at which eligible students are attending courses for the purposes of, or in connection with, applications for loans.
2
Where an eligible student attends a course at more than one institution the governing bodies of the institutions may agree in writing that one governing body shall take the steps prescribed by this regulation, in which case that governing body, and not the other governing bodies, shall be required to take those steps.
3
An agreement under paragraph (2) may be made in respect of a particular student or in respect of any class or description of students.
4
The governing body shall as soon as practicable after the commencement of each academic year —
a
issue to any student who requests them to certify his eligibility for a loan an eligibility questionnaire provided by the loans administrator;
b
in respect of each eligibility questionnaire completed by a student and returned to them, take such steps as are reasonably practicable to verify the particulars inserted in the questionnaire by the student relating to his eligibility for a loan;
c
if the student’s eligibility cannot be determined solely by verifying the particulars on the questionnaire, take such other steps as are reasonably practicable for that purpose;
d
issue to each student in relation to whom they have taken the steps required by sub-paragraphs (a)–(c) and whom they consider to be eligible an eligibility form provided by the loans administrator for completion by the student and return to them;
e
certify to the best of their knowledge and belief the accuracy of the particulars in each completed eligibility form and the amount of loan to which they consider the student to be entitled;
f
issue to each student in relation to whom they have taken all other steps required by the preceding provisions of this paragraph a loan application form provided by the loans administrator; and
g
send each certified eligibility form to the loans administrator.
5
The loans administrator on receiving an eligibility form completed and certified in accordance with paragraph (4) shall pay £4 to the governing body which sent it.
6
Where a student is a borrower who has obtained an eligibility form from the loans administrator and completed it the governing body shall as soon as practicable after the commencement of each academic year —
a
accept the completed eligibility form from any such student who requests them to certify his eligibility;
b
if the loans administrator has requested that any of the particulars inserted in the form should be verified take such steps as are reasonably practicable to verify those particulars;
c
certify to the best of their knowledge and belief the accuracy of the particulars which the loans administrator has requested them to verify and the amount of loan to which they consider the student to be entitled; and
d
send each certified eligibility form to the loans administrator.
7
The loans administrator on receiving an eligibility form completed and certified in accordance with paragraph (6) shall pay £2 to the governing body which sent it.
8
The governing body shall —
a
promptly notify the loans administrator in writing if a person in respect of whom they have certified eligibility (whether under these Regulations or otherwise) ceases to be an eligible student during the academic year in which they certified eligibility or subsequently —
i
because he has completed the course on a date earlier than that specified in the certified eligibility form referred to in paragraph (4)(g) or (6)(d) or notified by them to the loans administrator as the expected date on which he will complete the course,
ii
otherwise than because he has completed the course;
b
keep records and copies of all documents except loan application forms which they are required by this regulation to issue or certify and a record of any steps taken by them to establish a student’s eligibility;
c
permit the loans administrator or the Secretary of State to inspect the records and copies at any reasonable time and provide them with reasonable facilities for that purpose;
d
acknowledge receipt of all eligibility and application forms received by them from the loans administrator and provide to it on request brief particulars of such forms which they have issued; and
e
as soon as practicable notify the loans administrator in writing if they believe that a person has fraudulently obtained or attempted to obtain a loan and provide the administrator with the name of the person (if known) and particulars of the circumstances of that person’s obtaining or attempting to obtain the loan.
9
Without prejudice to the generality of paragraph (4)(b) and (c), the steps to be taken under those paragraphs shall include verifying particulars given in the eligibility questionnaire by reference to —
a
in the case of a person in respect of whom an entry was made in a register of births kept in pursuance of the Births and Deaths Registration Act 1953 and the Registration Service Act 1953 or the Births and Deaths Registration (Northern Ireland) Order 1976 a certified copy of that entry;
b
in the case of a person in respect of whom an entry was made in the Adopted Children Register kept in pursuance of section 50 of the Adoption Act 1976 or in the Adopted Children Register kept in pursuance of Article 50 of the Adoption (Northern Ireland) Order 1987 which contains a record of the date of birth of the person, a certified copy of that entry;
c
in the case of a person in respect of whom an entry was made in a register of births kept in pursuance of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 , an extract of, or an abbreviated certificate of birth relating to, that entry;
d
in the case of a person in respect of whom an entry was made in the Adopted Children Register kept in pursuance of Section 45 of the Adoption (Scotland) Act 1978 which contains a record of the date of birth of the person, an extract of that entry; or
e
in the case of any other person except a refugee, his passport (if he holds one), and a letter or other document issued by a responsible person which contains particulars of his date, place and country of birth and his names at birth.
10
Nothing in this regulation shall require the governing body to take any steps to establish whether a student falls within sub-paragraph (1)(c) to (f), or (2)(d) or (e) of regulation 4 (receipt of certified eligibility form, agreement to notify cessation of attendance, direct credit and debit agreement, date of loan agreement, breach of loan agreement and minor’s failure to ratify loan agreement), and in considering whether a student is eligible the governing body shall disregard those sub-paragraphs.
11
In this regulation —
“eligibility form” means a form requesting particulars from a student relevant to his eligibility for a loan and of his bank or building society account; and
“responsible person” means a consular officer, minister of religion, medical or legal practitioner, established civil servant, teacher or police officer.


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


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 5) Regulations 1997 and shall come into force on 1st January 1998.
2
The Value Added Tax Regulations 1995 shall be amended as follows.
3
In regulation 89 after the word “contract” there shall be inserted “(other than one of a description falling within regulation 93 below)”.
4
In regulation 90(1) after the words “where services” there shall be inserted “, except those to which regulation 93 applies,”.
5
For regulation 93 there shall be substituted —
93
1
Where services, or services together with goods, are supplied in the course of the construction, alteration, demolition, repair or maintenance of a building or any civil engineering work under a contract which provides for payment for such supplies to be made periodically or from time to time, those services or goods and services shall be treated as separately and successively supplied at the earliest of the following times —
a
each time that a payment is received by the supplier,
b
each time that the supplier issues a VAT invoice, or
c
to the extent that they have not already been treated as supplied by virtue of sub-paragraphs (a) and (b) above and subject to paragraph (2) below, the day which falls eighteen months after the date on which those services were performed.
2
Sub-paragraph (1)(c) above does not apply unless the services were performed on or after 9th December 1997.
Richard Allen
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
9th December 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sheffield Development Corporation (Planning Functions) Order 1997 and shall come into force on 20th March 1997.
2
In this Order–
“the 1990 Act ” means the Town and Country Planning Act 1990;
“ the authority ” means the authority which, but for the Sheffield Development Corporation (Planning Functions) Order 1988 , would be the local planning authority, within the meaning of section 336(1) of the 1990 Act;
“the development area ” means the area designated as an urban development area by the Sheffield Development Corporation (Area and Constitution) Order 1988 ; and
“the development corporation ” means the Sheffield Development Corporation.
Revocation of the planning functions and special development orders
2
The Sheffield Development Corporation (Planning Functions) Order 1988 and the Town and Country Planning (Sheffield Urban Development Area) Special Development Order 1989 are hereby revoked.
Transitional provisions in connection with planning functions
3
Anything which before the date of the coming into force of this Order was in the process of being done by, to or in relation to the development corporation in connection with any of the functions transferred to it under article 3 of the Sheffield Development Corporation (Planning Functions) Order 1988 (planning functions of the development corporation) may be continued after that date by, to or in relation to the authority.
Liability for compensation in connection with planning functions; section 106 planning obligations
4
1
Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 of the 1990 Act or section 28 or 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in consequence of action taken in relation to land within the development area by the development corporation, the Secretary of State shall be liable for any compensation which is payable.
2
Where the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of a matter arising before the date of the coming into force of this Order, which relates to land within the development area, the Secretary of State shall be liable to pay any compensation arising from the order or notice.
3
A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act before the date of the coming into force of this Order which identifies the development corporation as the local planning authority by whom the obligation is enforceable shall after that date be enforceable by the authority.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
6th January 1997


text:
1
These Regulations may be cited as the Income Tax (Payments on Account) (Amendment) Regulations 1997 and shall come into force on 7th November 1997.
2
In regulation 4 of the Income Tax (Payments on Account) Regulations 1996 for the word “four” there shall be substituted the word “five”.
C W Corlett
G H Bush
Two of the Commissioners of Inland Revenue
15th October 1997


text:
1
These Regulations may be cited as the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1997 and shall come into force on 20th March 1997.
2
Paragraph 1 of the Schedule to the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996 shall be amended as follows:
a
in the second line, the words “bounded by a series of lines” shall be replaced by the words “the lines”; and
b
the entries numbered 40 and 41 shall be replaced by the following entries:
40. 60° 40' 00" N 04° 24' 00" W 40-41 Parallel of Latitude 41. 60° 40' 00" N 04° 00' 00" W 41-42 Meridian of Longitude
Malcolm Rifkind
Secretary of State for Foreign and Commonwealth Affairs
17th February 1997


text:
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1997 and shall come into force on 1st August 1997.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) ( No. 3) Order 1996 is revoked.
3
The Child Abduction and Custody (Parties to Conventions) Order 1986 is amended by deleting Schedules 1 and 2 and substituting therefor Schedules 1 and 2 which are set out in the Schedule to this Order.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Preseli) Designation (Amendment No. 2) Order 1997 and shall come into force on 5th January 1998.
Amendment of the Environmentally Sensitive Areas (Preseli) Designation Order 1994
2
1
The Environmentally Sensitive Areas (Preseli) Designation Order 1994 shall be further amended in accordance with the following paragraph of this article.
2
In paragraph (3) of article 6 (rates of payment under agreement) —
i
for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
£60 per annum for each hectare of enclosed semi-natural rough grazings which do not include heather;
;
ii
after sub-paragraph (b) there shall be inserted the following sub-paragraph —
bb
£35 per annum for each hectare of enclosed partially improved grassland or enclosed unimproved grassland;
.
Saving
3
Paragraph (2) 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 5 January 1998.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
9th November 1997
We consent,
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd December 1997


text:
1
1
This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1997 and shall come into force on 1st July 1997.
2
In this Order “the principal Order ” means —
a
in relation to England and Wales, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991 ; and
b
in relation to Northern Ireland, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991 .
2
Article 2(1) of the England and Wales Order shall be amended, in the definition of “drug trafficking offence”, by the substitution of the following in place of sub-paragraphs (d) and (e) —
d
an offence under section 12 or 19 of the Criminal Justice (International Co-operation) Act 1990;
e
an offence under section 49, 50 or 51 of the Drug Trafficking Act 1994 ;
.
3
Article 2(1) of the Northern Ireland Order shall be amended as follows —
a
in the definition of “drug trafficking”, for sub-paragraph (d) there shall be substituted the following —
d
an offence under Article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996 in connection with the proceeds of drug trafficking;
.
b
for the definition of “offence to which this Order applies” there shall be substituted the following —
“offence to which this Order applies” means a drug trafficking offence or any offence corresponding or similar to an indictable offence to which the Proceeds of Crime (Northern Ireland) Order 1996 applies, other than a drug trafficking offence;
.
4
Schedule 1 to the principal Order (which defines the institution of proceedings for the purposes of article 2(5) of that Order) shall be amended as follows —
a
after the entry for Anguilla, there shall be inserted the following entry —
Antigua & Barbuda when a person has been charged with a scheduled offence
;
b
after the entry for Chile, there shall be inserted the following entry —
Colombia when a preliminary investigation or a formal process has begun and, in either case, a Resolution has been issued for a freezing or seizure order
.
5
Schedule 2 to the principal Order shall be amended as follows —
a
below “Iran” there shall be inserted “Ireland”;
b
opposite the entry for Antigua & Barbuda there shall be inserted “The Attorney General”;
c
the entry opposite Colombia shall be deleted and replaced by “The Fiscalia General de la Nacion and the Ministerio de Justicia del Derecho”.
6
Schedule 3 to the principal Order shall be amended by the insertion at the appropriate places in alphabetical order, of the entries for the countries and territories specified in the Schedule to this Order (including where so specified the appropriate authority for the country or territory).
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997 and shall come into force on 6th April 1997.
2
In these Regulations —
“the 1995 Act ” means the Pensions Act 1995;
“approved schemes” means an occupational pension scheme which is approved or was formerly approved under section 590 or 591 of the Income and Corporation Taxes Act 1988 or in respect of which an application for such approval has been duly made which has not been determined;
“ Armed Forces Pension Scheme ” means the schemes under which pensions are payable by virtue of the Naval and Marine Pay and Pensions Act 1865 , Air Force (Constitution) Act 1917 or Army Pensions Warrant 1977 ;
“associated” has the same meaning as in section 435 of the Insolvency Act 1986 or section 74 of the bankruptcy (Scotland) Act 1985 ;
“public service pension scheme” has the same meaning as in section 1 of the Pension Schemes Act 1993 but does not include an Armed Forces Pension Scheme.
3
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to the regulation bearing that number in these Regulations;
b
in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation;
c
in a paragraph to a lettered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter.
Commutation of a pension under an occupational pension scheme
2
1
For the purposes of section 91(5)(c)(ii) and (iii) of the 1995 Act (inalienability of occupational pension does not apply to commutation in prescribed circumstances) the prescribed circumstances are where —
a
either —
i
the pension has become payable; or
ii
the occupational pension scheme is being wound up; and
b
the aggregate amount of the benefit payable to the member or, as the case may be, his widow or her widower or dependant under all the schemes relating to employment with the same employer as the employment in respect of which the benefit is payable does not exceed £260 per annum.
2
Where a member’s pension is commuted under paragraph (1)(b), any prospective widow’s or widower’s benefit payable under the scheme may also be commuted (provided that the aggregate amount of such benefit prospectively payable under all schemes relating to employment with the same employer as the employment in respect of which the benefit is payable does not exceed £260 per annum) and the value of any such widow’s or widower’s benefit shall not be taken into account for the purposes of the limit of £260 per annum mentioned in paragraph (1)(b).
3
For the purposes of paragraph (1)(a)(ii) an occupational pension scheme shall be treated as being wound up when any of the circumstances referred to in regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations 1996 apply.
Charge or lien on or set-off against transfer credits
3
For the purposes of section 91(5)(d) of the 1995 Act (charge or a lien or set-off against transfer credits by employer) the prescribed transfer credits are those transfer credits attributable to employment with the same employer or an associated employer and the benefits of which could have been charged or a lien or set-off exercised in respect of such benefits under the occupational pension scheme from which the transfer was made.
Charge or lien on or set-off against an occupational pension
4
For the purposes of section 91(5)(e) of the 1995 Act (charge or lien or set-off against entitlement or accrued right to a pension for the purpose of discharging some monetary obligation to the scheme) the prescribed circumstance is where a monetary obligation arises out of a breach of trust by the person in question and the court has relieved him wholly or partly from personal liability under section 61 of the Trustee Act 1925 or section 32 of the Trusts (Scotland) Act 1921 .
Payability of pension where forfeiture occurs
5
For the purposes of section 92(3)(d) of the 1995 Act (class of persons to whom a forfeited pension may be paid) the prescribed class is any person (other than a person mentioned in section 92(3)(a) to (c)) to whom, under the rules of the scheme, the pension was or could have been paid.
Forfeiture of occupational pension
6
1
For the purposes of section 92(6) of the 1995 Act (a pension under an occupational pension scheme cannot be forfeited except in prescribed circumstances) the prescribed circumstances are where —
a
a pension is payable to a member’s widow or widower, dependant or any other person who is nominated under the scheme rules by the member and that person is convicted of the offence of murder or manslaughter of that member or any other offence of which unlawful killing of that member is an element;
b
a person in respect of whom a pension is or would have been payable has caused a monetary loss to the scheme as a result of —
i
a criminal, negligent or fraudulent act or omission by him, or
ii
in the case of a trust scheme of which the person is a trustee, a breach of trust by him;
c
in the case of a public service pension scheme —
i
the member is convicted of an offence committed in connection with his service as a public servant, and
ii
a Minister of the Crown certifies that the commission of that offence has been gravely injurious to the interests of the State or is liable to lead to serious loss of confidence in the public service;
d
in the case of the Armed Forces Pension Scheme —
i
the member is convicted of an offence committed in connection with his service as a member of the Armed Forces, and
ii
the Secretary of State considers that offence to have been gravely injurious to the defence, security or other interests of the State.
2
For the purposes of paragraph (1)(a) unlawful killing shall include the case of a person who has unlawfully aided, abetted, counselled or procured the death of a person.
3
A person’s entitlement or accrued right to a pension may be forfeited under paragraph (1)(b) to the extent only that it does not exceed the amount of the monetary loss to the scheme, or (if less) the value of the person’s entitlement or accrued right under the scheme.
Modification of section 91 of the 1995 Act in respect of public service pension schemes and the Armed Forces Pension Scheme
7
Section 91(5)(d) of the 1995 Act shall have effect in its application to public service pension schemes and the Armed Forces Pension Scheme with the omission of the words “and arising out of a criminal, negligent or fraudulent act or omission by him”.
Exemptions from the inalienability and forfeiture provisions
8
1
If a scheme is one the trustees of which have made or wish to make a loan in respect of which the conditions of regulation 6(8) of the Occupational Pension Schemes (Investment) Regulations 1996 are met (investments to which the restrictions do not apply), section 91(1)(b) of the 1995 Act shall not apply to the extent that it would prevent the directors' interest under the policy referred to being used as security for that loan.
2
Section 91(1)(a) of the 1995 Act shall not apply to that part of an occupational pension scheme under which there is an entitlement or an accrued right to a lump sum retirement benefit and the Inland Revenue have granted a concession, in accordance with a statement issued on 11th October 1996 , to a member in respect of that lump sum retirement benefit.
3
Subject to paragraph (4), section 91(2) of the 1995 Act shall not apply in relation to schemes which are not approved schemes.
4
Paragraph (3) shall not apply to public service pension schemes and the Armed Forces Pension Scheme.
5
Section 92(4)(a) of the 1995 Act (forfeiture) shall not apply in relation to public service pension schemes.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
11th March 1997


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) (Partial Revocation No. 2) Order 1997 and shall come into force on 10th June 1997.
2
In this Order —
“edible plants” means wild plants of the species Salicornia ;
“edible seaweed” means wild seaweed of the species Porphyra, Rhodimenia or Chondrus ;
“intertidal zone” means an area of sea between the mean high water spring tide line and the level of the lowest astronomic tide.
Partial Revocation
2
1
The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) Order 1996 is hereby revoked —
a
insofar as it applies in relation to edible plants and edible seaweed;
b
with respect to the part of the area designated by that Order which is described in Part I of the Schedule to this Order.
2
In consequence of the revocation of part of the designated area effected by paragraph (1) above that Order shall be amended by substituting for the area described in the Schedule the area described in Part II of the Schedule to this Order.
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
9th June 1997


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sole, Plaice, etc (Specified Sea Areas) (Prohibition of Fishing) Order 1997 and shall come into force on 21st November 1997.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels as amended ;
“sea area” means a statistical division or sub-area of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and Exception
2
1
Subject to paragraph (2) below, fishing —
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits —
for —
i
sole ( Solea solea ) in sea areas ICES Statistical Sub-Areas VI , XII and XIV and ICES Statistical Divisions Vb and VIIe, h, j, and k;
ii
plaice ( Pleuronectes platessa ) in sea areas ICES Statistical Divisions VIIh, j and k;
iii
herring ( Clupea harengus ) in sea areas ICES Statistical Divisions IVa and b; or
iv
other species in that part of sea area ICES Statistical Sub-Area IV which lies with Norwegian fishery limits;
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1998.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat when used for the purpose of conveying persons wishing to fish for pleasure.
3
For the purpose of paragraph (1) above “other species” are all species of fish except:
cod ( Gadus morhua ),
haddock ( Melanogrammus aeglefinus ),
whiting ( Merlangius merlangus ),
saithe ( Pollachius virens ),
plaice ( Pleuronectes platessa ),
Norway pout ( Trisopterus esmarkii ),
sandeels ( Ammodytes tobianus ),
blue whitting ( Micromesistius poutassou ),
herrring ( Clupea harengus ),
mackerel ( Scomber scombrus ) and
shrimps ( Crangon vulgaris ).
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom; and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Elliot Morley
Parliamentary Secretary,Ministry of Agriculture, Fisheries and Food
17th November 1997
Sewel
Parliamentary Under Secretary of State,Scottish Office
17th November 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State,Welsh Office
19th November 1997
Dubs
Parliamentary Under Secretary of State forNorthern Ireland
17th November 1997


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations 1997 and shall come into force on 20th October 1997.
2
These Regulations shall have effect —
a
as respects the charge to stamp duty, in relation to instruments executed on or after 20th October 1997;
b
as respects the charge to stamp duty reserve tax —
i
in the case of an agreement to transfer equity securities which is not conditional, where the agreement is made on or after 20th October 1997;
ii
in the case of an agreement to transfer equity securities which is conditional, where the condition is satisfied on or after that date.
Interpretation
2
In these Regulations unless the context otherwise requires —
“the Board of directors” means the Board of directors of LIFFE (A & M);
“clearing member” means a member (as defined by this regulation) who is also a member of The London Clearing House Limited and who as such is permitted by the Board of directors and that clearing house to clear transactions made on LIFFE for an equity security;
“equity securities” means stocks and shares which are issued or raised by a company but does not include stocks and shares issued or raised by a company not incorporated in the United Kingdom unless —
they are registered in a register kept in the United Kingdom by or on behalf of the company, or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a company incorporated in the United Kingdom;
“LIFFE” means The London International Financial Futures and Options Exchange;
“LIFFE (A & M)” means LIFFE Administration and Management;
“member” means a member of LIFFE (A & M) who is recognised as such by the Board of directors;
“non-clearing member” means a member other than a clearing member;
“option” means an option to buy or sell securities which is listed by and traded on LIFFE.
Prescription of recognised investment exchange and recognised clearing house
3
For the purposes of sections 116 and 117 of the Finance Act 1991 —
a
LIFFE (A & M) is a recognised investment exchange which is prescribed;
b
The London Clearing House Limited is a recognised clearing house which is prescribed.
Transfers of securities to The London Clearing House Limited — prescribed circumstances
4
1
In the circumstances prescribed by paragraph (2), a charge to stamp duty or to stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, as a result of the exercise of options, equity securities of a particular kind are transferred or issued or agreed to be transferred or issued —
a
to The London Clearing House Limited; or
b
to a person whose business is or includes holding such securities as a nominee for The London Clearing House Limited.
3
References in this regulation and in regulation 5 to The London Clearing House Limited are references to that clearing house in its capacity as a person providing clearing services in connection with a transaction made on LIFFE.
Transfers of securities to or from members of LIFFE — prescribed circumstances
5
1
In the circumstances prescribed by paragraph (2), a charge to stamp duty or to stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in order to meet an obligation to receive securities resulting from the exercise of options, equity securities of a particular kind are transferred or agreed to be transferred —
a
from a non-clearing member or a nominee of a non-clearing member to a clearing member or a nominee of a clearing member; or
b
from The London Clearing House Limited or a nominee of that clearing house to a clearing member or a nominee of a clearing member.
3
References in paragraph (2) to a clearing member are references to a clearing member in his capacity as such.
Revocation of the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations 1992
6
The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations 1992 are hereby revoked as respects instruments and agreements referred to in regulation 1(2).
Jim Dowd
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
8th October 1997


text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Oil Pollution) (British Indian Ocean Territory) Order 1997 and shall come into force on 30th November 1997.
Implementation of the Liability and Fund Convention
2
Sections 152 to 170 and 172 to 181 of, and Schedule 5 to, the Merchant Shipping Act 1995, subject to the exceptions, adaptations and modifications specified in the Schedule to this Order, shall extend to the British Indian Ocean Territory, and any instrument made, or to be made, under section 152(2), 157(2), 157(4), 172(2) or 176(5) shall also extend to British Indian Ocean Territory.
Interpretation
3
In this Order, “the Territory” means the British Indian Ocean Territory, and references to the Territory include references to the territory and territorial sea of the British Indian Ocean Territory.
Revocations
4
The following Orders, to the extent that they apply to the Territory, are hereby revoked —
a
The Merchant Shipping (Oil Pollution) (Overseas Territories) Order 1975 ;
b
The Merchant Shipping (Oil Pollution) (Overseas Territories) (Amendment) Order 1981 ;
c
The Merchant Shipping (Oil Pollution) (Overseas Territories) (Amendment No. 2) Order 1981 ; and
d
The Merchant Shipping (Oil Pollution) (Overseas Territories) (Amendment) Order 1984 .
N. H. Nicholls
Clerk of the Privy Council


text:
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 3) Order 1997 and shall come into force on 26th July 1997.
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
5th July 1997


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1997 and shall come into force on 1st July 1998.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendment of regulation 36A (speed limiters for buses and coaches)
3
1
Regulation 36A shall be amended as follows.
2
In paragraph (1)(b) for “70 mph” there shall be substituted “112.65 km/h”.
3
In paragraph (2)(c) for “65 mph” there shall be substituted “100 km/h”.
4
Paragraph (3) shall be omitted.
5
In paragraph (6) for “70 mph” there shall be substituted “112.65 km/h”.
6
The following paragraph shall be substituted for paragraph (7) —
7
The requirements of this paragraph are that a speed limiter fitted to a paragraph (2) vehicle must be calibrated to a set speed not exceeding 100 km/h.
7
The following paragraph shall be inserted after paragraph (9) —
9A
Until 1st July 1999, in relation to a vehicle used exclusively for transport operations in the United Kingdom and first used before 1st July 1998, paragraph (2)(c) and paragraph (7) shall have effect as if for “100 km/h” there were in each case substituted “105 km/h”.
8
In paragraph (14) the definition of “stabilised speed” shall be omitted.
Signed by authority of the Secretary of State for Transport
Helene Hayman
Parliamentary Under-Secretary of State,
Department of Transport
14th May 1997