text:
PART I
PRELIMINARY
Citation and commencement
1
These Rules may be cited as the Courts-Martial (Royal Navy) Rules 1997 and shall come into force on 1st April 1997.
Interpretation
2
In these Rules —
“accused’s friend” shall be construed in accordance with rule 13;
“ the Act ” means the Naval Discipline Act 1957;
“commanding officer”, in relation to an accused, means the officer who is for the time being in immediate command of the ship or naval establishment to which the accused belongs;
“commencement of the trial” shall be construed in accordance with rule 34;
“hearing for directions” shall be construed in accordance with rule 22;
“the judge advocate” —
in relation to a court-martial, means the judge advocate appointed by or on behalf of the Chief Naval Judge Advocate to be a member of the court-martial;
in relation to a hearing for directions, means the judge advocate appointed under rule 9(1)(a);
“pre-trial hearing” shall be construed in accordance with rule 25;
“the prosecutor” means the prosecuting authority or any prosecuting officer appointed by the prosecuting authority;
“prosecution papers” has the meaning assigned to it in rule 7; and
“special finding” shall be construed in accordance with rule 63.
Service on an accused
3
1
Unless the context otherwise requires, where under these Rules any document or notice is to be served on an accused by the court administration officer or the prosecutor, it may be served —
a
by sending it to the commanding officer of the accused;
b
by delivering it to the accused personally;
c
by leaving it for the accused with a person at the accused’s usual place of abode; or
d
by post in a letter addressed to the accused at his last known or usual place of abode.
2
Where a document or notice is received by the commanding officer in accordance with paragraph (1)(a) above, he shall serve it on the accused as soon as is practicable.
PART II
PROSECUTION OF OFFENCES
Referring a case to the prosecuting authority
4
If the higher authority refers a case in respect of an accused to the prosecuting authority in accordance with section 52C(1) of the Act, he shall forward to the prosecuting authority —
a
a copy of any report concerning the case prepared by the Royal Naval Regulating Branch or other investigator;
b
the offence or a list of offences alleged against the accused;
c
a list of any potential witnesses;
d
any written statements of the potential witnesses;
e
any statements made by the accused including records or transcripts of interviews conducted under caution;
f
a list of any exhibits;
g
any other evidence, real or documentary.
Charge sheet
5
1
A charge sheet shall state —
a
the name, service number, rank or rate of the accused;
b
the name of the ship or establishment in which the accused is serving;
c
particulars of how the accused is subject to or otherwise triable under the Act;
d
any charge preferred against the accused.
2
A charge sheet shall contain the whole of the issue or issues to be tried at one time and shall be signed and dated by the prosecutor.
Charges and joinder
6
The rules contained in Schedule 1 to these Rules shall be observed in proceedings before courts-martial.
Notifying the accused’s commanding officer
7
1
Where the prosecutor has preferred a charge against an accused to be tried by court-martial, the prosecutor shall notify the commanding officer of the accused of the charge by sending to the commanding officer the prosecution papers.
2
In these Rules, “the prosecution papers” means —
a
a copy of the charge sheet;
b
a statement of the prosecution case;
c
a list of any witnesses whom the prosecutor proposes to call and copies of their statements;
d
a list of any exhibits which the prosecutor proposes to put in evidence and copies of those exhibits or details of their whereabouts;
e
notice of any additional evidence which the prosecutor intends to adduce;
f
a record of any previous convictions of —
i
the accused; and
ii
all witnesses to be called by the prosecutor; and
g
a list of all unused material.
Notifying the court administration officer
8
1
The prosecutor shall notify the court administration officer of any charge which he has preferred by sending to him a copy of the prosecution papers.
2
On receipt of a copy of the prosecution papers from the prosecutor, the court administration officer shall send —
a
to the commanding officer of the accused —
i
a statement explaining the opportunities available to an accused for legal assistance, and
ii
a statement explaining the rights of an accused facing court-martial trial;
b
to the Chief Naval Judge Advocate, a copy of the prosecution papers.
Appointment of judge advocate
9
1
–On receipt of a copy of the prosecution papers, the Chief Naval Judge Advocate, or an officer on his behalf, shall appoint a judge advocate —
a
to conduct any hearing for directions;
b
to be a member of the court-martial.
2
After the Chief Naval Judge Advocate has appointed a judge advocate in accordance with this rule, he shall notify the court administration officer, who shall serve notice in writing of the appointment on the accused and the prosecutor.
Notification of trial
10
1
This rule applies where the commanding officer has been notified in respect of an accused under his command that the prosecutor has preferred a charge.
2
As soon as is practicable after receipt of —
a
the prosecution papers; and
b
the statements provided for in rule 8(2)(a) above,
the commanding officer shall notify the accused that he is to be tried by court-martial.
3
On notifying the accused in accordance with paragraph (2) above, the commanding officer shall serve the accused with —
a
the prosecution papers;
b
a form for the accused’s notice of alibi;
c
the statements explaining the rights of an accused and concerning legal assistance provided for in rule 8(2)(a) above;
d
a form for notifying the court administration officer of his accused’s friend; and
e
a form for acknowledgement of receipt.
4
At the time when the prosecution papers are given to the accused, the commanding officer shall inform the accused of the effect of section 11 of the Criminal Justice Act 1967 (notice of alibi).
Discontinuing proceedings before trial
11
If before the commencement of the trial of a charge the prosecutor discontinues proceedings on that charge, he shall serve notice in writing on the accused and the court administration officer.
Amending charges and additional charges before trial
12
1
If before the commencement of the trial of a charge the prosecutor —
a
amends, or substitutes another charge or charges for, that charge;
b
prefers an additional charge against the accused and directs that the additional charge shall be tried at the same court-martial trial as the original charge,
he shall serve notice on the accused and the court administration officer.
2
Except with the consent of the accused, notice under paragraph (1) above shall not be served less than 24 hours before the time appointed for the trial of the original charge.
3
Where the prosecutor is required to serve notice on the accused in accordance with this rule, he shall do so by sending to the accused’s commanding officer or, with the consent of the accused, by serving directly on the accused —
a
a copy of the amended charge sheet;
b
any papers which are required to be added to the prosecution papers as a result of amending the charge sheet; and
c
where in the opinion of the prosecutor it is necessary, a statement explaining the effect of section 11 of the Criminal Justice Act 1967 and a form for the accused’s notice of alibi.
4
Where any document is received by the commanding officer in accordance with paragraph (3) above, he shall serve it on the accused as soon as is practicable.
5
Where the prosecutor is required to serve notice on the court administration officer in accordance with this rule, he shall do so by sending to the court administration officer or, if less than 24 hours before the time appointed for the trial of the original charge, the judge advocate —
a
a copy of the amended charge sheet; and
b
any papers which are required to be added to the prosecution papers as a result of amending the charge sheet.
PART III
GENERAL MATTERS
Conduct of the defence
13
1
An accused who has been notified that he is to be tried by court-martial shall be afforded a proper opportunity for preparing his defence.
2
The accused may appoint a representative to act for him in connection with his court-martial and that person shall be known as the accused’s friend.
3
Any right or responsibility which accrues to the accused by virtue of these Rules (except pleading to a charge) may be exercised by the accused’s friend on his behalf.
4
The accused shall inform the court administration officer of the name and address of his accused’s friend as soon as is practicable after an accused’s friend has been appointed.
5
The accused shall be allowed proper communication with his accused’s friend.
6
An accused’s friend may represent an accused before a court-martial and at a hearing for directions if he is —
a
a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 ;
b
an advocate or a solicitor in Scotland;
c
a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland; or
d
any person who has in any Commonwealth country rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
Ordering the court
14
1
On receipt of a copy of the prosecution papers, the court administration officer shall order a court-martial to assemble to try the accused.
2
Not less than 24 hours before the time appointed for the trial, a copy of the assembling order shall be served on —
a
the accused and the accused’s friend; and
b
the officer members of the court, the judge advocate and the prosecuting authority.
3
If the court administration officer amends or withdraws the order assembling the court-martial, he shall serve a copy of the amended order or serve notice in writing as appropriate on —
a
the accused and the accused’s friend; and
b
the officer members of the court, the judge advocate and the prosecuting authority.
4
The court administration officer may not withdraw the order assembling a court-martial after the time appointed for the trial.
Ineligibility for membership of courts-martial
15
An officer shall not be eligible to be a member of a court-martial for the trial of an accused if —
a
he serves, directly or indirectly, under the command of —
i
the higher authority who referred the case against the accused to the prosecuting authority;
ii
the prosecuting authority; or
iii
the court administration officer;
b
(unless he is the judge advocate) he —
i
has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;
ii
is an advocate or a solicitor in Scotland;
iii
is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland;
iv
has in any Commonwealth country rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
Appointment of court officials
16
1
The court administration officer shall appoint in the order assembling the court-martial a person to act as the clerk of the court.
2
The court administration officer may appoint at any time a person or persons to act as —
a
provost marshal,
b
court recorder,
c
officer of the court,
d
interpreter,
at a court-martial.
Delegation of the court administration officer’s functions
17
The court administration officer appointed by the Defence Council in accordance with section 53A of the Act may delegate any of his functions to persons appointed to act as court administration officers under his direction.
Additional evidence before trial
18
If before the commencement of the trial the prosecutor wishes to adduce at trial any evidence additional to that contained in the prosecution papers, he shall serve a copy of the additional evidence (or details of its whereabouts) on the accused and the court administration officer.
Witnesses not called by the prosecutor
19
1
This rule applies where the prosecutor does not intend to call as a witness —
a
any person whose statement has been served on the accused as part of the evidence for the prosecution;
b
any person in respect of whose evidence he has served notice under rule 47 below.
2
Where this rule applies, unless the accused waives the requirement, the prosecutor shall —
a
serve notice in writing on the accused that he does not intend to call that person; or
b
tender that person at trial for cross-examination by the accused.
Transcript of interview
20
1
Where an interview with an accused has been recorded on tape he may at any time apply in writing to the court administration officer for a transcript of that interview or any part of it.
2
Where an application is made under paragraph (1) above, the transcript shall be supplied to the accused as soon as is reasonably practicable.
Witness summons
21
1
Where any person, whether subject to the Act or not, is required to give evidence at a hearing for directions or at a court-martial, the court administration officer may summon the witness by issuing a witness summons in the form set out in Schedule 2 to these Rules.
2
As soon as is practicable after the accused has been notified that he is to be tried by court-martial, the court administration officer shall serve notice in writing on the accused that any person whom he requires to give evidence may be summoned on his behalf by the court administration officer.
3
If the accused requires the court administration officer to summon a witness, the accused shall provide to the court administration officer sufficient information in sufficient time to enable a summons to be served.
4
A witness summons shall be served on a witness —
a
by delivering it to him personally;
b
by leaving it for him with a person at the witness’s usual place of abode;
c
by post in a letter addressed to him at his last known or usual place of abode; or
d
where the witness is subject to military law, air force law or the Act, through his commanding officer.
PART IV
HEARING FOR DIRECTIONS
Convening a hearing for directions
22
1
The judge advocate may request the court administration officer to convene a hearing for the purpose of giving directions —
a
of his own motion; or
b
on the application of the prosecutor or accused for such a hearing;
and such a hearing shall in these Rules be referred to as a hearing for directions.
2
An application for a hearing for directions shall —
a
be made to the judge advocate in the form set out in Schedule 2 to these Rules; and
b
specify the reason for which it is made.
3
The applicant shall serve notice in writing of the application on every other party to the proceedings and the court administration officer.
4
Before requesting the court administration officer to convene a hearing for directions, the judge advocate shall afford each party to the proceedings the opportunity of making written representations to him.
5
Paragraph (4) above shall not oblige the judge advocate to afford any party the opportunity of making representations where it appears to him that it would be impracticable to do so, or would cause unnecessary delay.
6
On receipt of a request from the judge advocate under paragraph (1) above, the court administration officer shall —
a
appoint the date, time and place at which the hearing for directions will take place;
b
issue a notice in writing of the date, time and place appointed;
c
list in the notice such of the matters contained in Schedule 3 to these Rules to be addressed at the hearing as the judge advocate may request;
d
serve the notice on the parties to the proceedings;
e
arrange for the attendance at the hearing of a clerk and a court recorder.
Hearing for directions in chambers
23
1
A hearing for directions shall take place before the judge advocate in chambers.
2
Except with the leave of the judge advocate, the only persons entitled to be present at a hearing for directions are the prosecutor, the accused, the accused’s friend, the court administration officer, the clerk, the court recorder and any interpreter.
Substance of a hearing for directions
24
1
The prosecutor and the accused shall address the judge advocate at the hearing for directions on such of the matters contained in Schedule 3 to these Rules as are indicated in the notice convening the hearing.
2
Paragraph (1) above is without prejudice to the right of the judge advocate or any party to the proceedings to raise at the hearing for directions any other matter.
3
The judge advocate may at a hearing for directions make such directions as appear to him to be necessary to secure the proper and efficient trial of the case.
4
The court administration officer shall serve a copy of the transcript of the hearing for directions on the judge advocate, the prosecutor and the accused before the court-martial.
PART V
PROCEEDINGS AT COURT-MARTIAL
Pre-trial hearing
25
1
The judge advocate may request the court administration officer to order a hearing to take place at the court-martial before the commencement of the trial of an accused —
a
of his own motion; or
b
on the application of the prosecutor or accused for such a hearing;
and such a hearing shall in these Rules be referred to as a pre-trial hearing.
2
An application for a pre-trial hearing shall —
a
be made to the judge advocate in the form set out in Schedule 2 to these Rules; and
b
specify the reason for which it is made.
3
An applicant shall serve notice in writing of the application with a time estimate of the length of the pre-trial hearing on every other party to the proceedings and the court administration officer.
4
Before requesting the court administration officer to order a pre-trial hearing, the judge advocate shall afford each party to the proceedings the opportunity of making written representations to him.
5
Paragraph (4) above shall not oblige the judge advocate to afford any party the opportunity of making representations where it appears to him that it would be impracticable to do so, or would cause unnecessary delay.
6
On receipt of a request from the judge advocate under paragraph (1) above, the court administration officer shall —
a
issue an order assembling the court-martial; or
b
if the order assembling that court-martial has already been issued, amend that order;
so that the order shall specify —
i
the date and time at which the pre-trial hearing before the judge advocate shall take place; and
ii
the date and time at which the members of the court other than the judge advocate shall assemble for the trial.
7
Nothing in this rule shall prevent the judge advocate from ordering a pre-trial hearing after the full court has assembled.
Challenges and oaths at a pre-trial hearing
26
1
Where a pre-trial hearing takes place, rules 31 and 33 below shall be complied with so far as is necessary at the beginning of the pre-trial hearing, except that —
a
the accused may not state his objection to any member of the court other than the judge advocate; and
b
the judge advocate shall not administer an oath or affirmation to any member of the court;
until after the full court has assembled.
2
Where paragraph (1) above applies, the order of events set out in rules 31 and 33 below in respect of court members not present at the pre-trial hearing shall be modified accordingly.
Substance of a pre-trial hearing
27
1
Without prejudice to the right of any party to the proceedings to raise any other challenge, objection, plea or application, application may be made at a pre-trial hearing to —
a
challenge the jurisdiction of the court;
b
object to a charge on the grounds that it is not correct in law;
c
plead that the court is debarred from trying him;
d
apply for severance of the charges.
2
At a pre-trial hearing the judge advocate may make an order or ruling as to —
a
any question as to the admissibility of evidence;
b
any other question of law, practice or procedure relating to the case.
3
An order or ruling made under this rule shall have effect until the conclusion of the trial unless it appears to the judge advocate on application made to him at any stage during the proceedings that in the interests of justice it should be varied or discharged.
4
If the judge advocate allows any application such that there is no charge remaining to which the accused can be required to plead, he shall order the court administration officer to dissolve the court.
President and members
28
1
The president shall be responsible for conducting the trial in a manner befitting a court of justice and in accordance with the traditions of the Royal Navy.
2
Members of the court, other than the judge advocate, shall sit in order of seniority.
3
A member shall sit in the substantive rank he holds in Her Majesty’s naval forces notwithstanding that he may have been appointed to a ship in a superior rank, save that a Commodore shall sit as a Commodore and rank above all Captains and sit with other Commodores according to their seniority as Captains.
4
If on full pay, an officer on the Retired List or Emergency List of the Royal Navy shall sit in the order in which he takes rank and command, but if he holds acting rank he shall sit in the order in which he would have taken rank and command if he had not been granted acting rank.
The judge advocate
29
1
The judge advocate shall be responsible for ensuring that the trial is conducted in accordance with law.
2
The judge advocate has a duty to ensure that the accused, particularly if he is not represented, does not suffer any disadvantage in consequence of his position as such or otherwise.
3
The judge advocate shall be responsible for ensuring that a proper record of the proceedings is made.
Judge advocate sitting alone
30
1
Where —
a
the accused makes a submission of no case to answer; or
b
for any reason the judge advocate is of the opinion that he should rule on a question in the absence of the other members of the court;
the judge advocate may direct the other members of the court to withdraw.
2
Subject to paragraph (5) below, while the other members of the court are absent the judge advocate shall exercise all the powers and duties of the court, including the president.
3
After the other members of the court have withdrawn from the court, the judge advocate shall hear the arguments and evidence relevant to the point at issue and shall give his ruling and his reasons for it.
4
After the judge advocate has given his ruling, the other members of the court shall return to the court and the judge advocate may, if it seems appropriate to him, announce his ruling to them.
5
If, while the judge advocate is sitting alone under this rule or at a pre-trial hearing, a person subject to the Act commits an offence under section 38(1) of the Act, the judge advocate may report the occurrence to —
a
the president; or
b
if the offence is committed during a pre-trial hearing, the commanding officer of the offender.
Challenges by the accused
31
1
This rule applies subject to rule 26 above.
2
On assembly of the full court —
a
the order assembling the court-martial (including the name of any officer therein);
b
the name of the judge-advocate; and
c
the names of the clerk of the court and any interpreter
shall be read to the accused.
3
The accused may state the name of any person to whom he objects.
4
If more than one person is objected to, the objection to each shall be disposed of separately in the following order —
a
the judge advocate;
b
the president;
c
the other members of the court in reverse order of seniority;
d
any spare member;
e
the clerk of the court;
f
any interpreter.
5
The accused may make a statement and call any person to make a statement in support of his objection.
6
A person other than the judge advocate to whom the accused has objected may state in open court anything relevant to the accused’s objection whether in support or in rebuttal thereof.
7
Each objection shall be considered by the judge advocate and his determination announced in open court.
8
If an objection to the president is allowed, the judge advocate shall announce that the court is dissolved.
9
If an objection to the clerk of the court or interpreter is allowed, the judge advocate shall adjourn proceedings until the court administration officer has appointed a replacement.
10
Where a court is assembled to try two or more accused separately and one accused objects to the president or to any other member of the court, the judge advocate may, if he thinks fit, adjourn the trial of that accused and proceed with the trial of the other accused only.
Oaths and affirmations
32
An oath or affirmation shall be administered in the form and manner set out in Schedule 4 to these Rules.
Administration of oaths and affirmations
33
1
This rule applies subject to rule 26 above.
2
After the accused has been given the opportunity to challenge the members and officials of the court, oaths or affirmations shall be taken in the presence of the accused.
3
The judge advocate shall take his oath or affirmation.
4
The judge advocate shall administer an oath or affirmation to —
a
the president;
b
each other member of the court;
c
the clerk of the court;
d
any interpreter;
e
any officer or other person in attendance for instruction.
Commencement of the trial
34
1
For the purposes of the Act and these Rules the trial of an accused commences immediately after the last court member has been sworn.
2
If after the commencement of the trial the judge advocate allows any challenge, objection, plea or application such that there is no charge remaining to which the accused can be required to plead, he shall dissolve the court.
Severance
35
Where —
a
an accused is charged with more than one offence; or
b
two or more accused are charged in the same charge sheet;
and the judge advocate rules that the fair trial of an accused may be prejudiced if the charges are not severed or that for any other reason it is desirable that the charges are severed, he may —
i
order the court to try only one or more charges;
ii
order the court to try only one or more accused;
iii
leave any charge or any accused to be tried by a new court.
Plea to the charge
36
1
The accused shall be arraigned by the judge advocate after the commencement of the trial.
2
The accused shall be required to plead separately to each charge on which he is arraigned.
3
Where the court is empowered to make a special finding, the accused may plead guilty to the offence subject to the matters as would merit the special finding.
Guilty plea
37
1
If an accused pleads guilty to a charge, the judge advocate shall, if it appears necessary to him and before the court accepts the plea, satisfy himself that the accused understands —
a
the nature of the charge;
b
the general effect of the plea; and
c
the difference in procedure following pleas of guilty and not guilty.
2
The court shall not accept a plea of guilty if —
a
the court is not satisfied that the accused understands the nature of the charge or the effect of his plea;
b
the judge advocate, having regard to all the circumstances, considers that the court should not accept the plea;
c
the accused is liable, if convicted, to a sentence of death.
3
Where —
a
a plea of guilty is not accepted by the court; or
b
the accused does not plead to the charge or does not plead to it intelligibly,
the court shall enter a plea of not guilty.
Alternative charges
38
1
Where an accused pleads guilty to the more serious of two or more alternative charges, the court, if it accepts the plea, shall record a finding of guilty in respect of that charge and shall not proceed with the lesser alternative charge or charges.
2
Where an accused pleads guilty to the lesser of two or more alternative charges, the court may —
a
proceed as if the accused had pleaded not guilty to all the charges; or
b
record a finding of guilty on the charge to which the accused has pleaded guilty and not proceed with the more serious alternative charge or charges.
Additional charges during trial
39
1
If after the commencement of the trial the prosecutor intends to seek the leave of the court to prefer an additional charge, he shall unless the accused waives the requirement serve notice in writing of such intention on the accused before the application is made.
2
Where notice is served on the accused in accordance with paragraph (1) above, he may apply for an adjournment of the trial.
Changes to the charge sheet during trial
40
1
If after the commencement of the trial the prosecutor intends to —
a
amend, or substitute another charge or charges for, a charge;
b
discontinue proceedings on a charge;
c
prefer an additional charge;
the prosecutor shall seek the leave of the court.
2
Where the court gives leave to discontinue proceedings on a charge, the court may close to consider whether to give the direction provided for in section 52I(13) of the Act.
3
Any direction referred to in paragraph (2) above shall be given in open court.
Changes to the charge sheet by the court
41
1
If after the commencement of the trial it appears that there is in the charge sheet —
a
a mistake in the name or description of the accused;
b
a mistake which is attributable to a clerical error or omission;
the court may amend the charge sheet so as to correct the mistake.
2
If at any time during a trial prior to deliberation on the finding on a charge it appears that, with due regard to the fairness to the accused, it is desirable in the interests of justice to amend that charge, the court may do so.
Procedure after guilty plea
42
1
This rule applies where —
a
the court has accepted only a plea or pleas of guilty; or
b
the court has accepted a plea or pleas of guilty and the prosecutor does not proceed to the trial of any charge to which an accused has pleaded not guilty.
2
This rule applies whether the charge sheet is in respect of one or more than one accused.
3
Before the court records a finding of guilty, the prosecutor shall address the court on the prosecution case.
4
If the judge advocate is satisfied that the court may properly record a finding of guilty, the court shall record such a finding.
Mixed pleas
43
1
This rule applies where —
a
the court has accepted pleas of guilty and not guilty on one charge sheet; and
b
the prosecutor proceeds to the trial of any charge to which an accused has pleaded not guilty.
2
This rule applies whether the charge sheet is in respect of one or more than one accused.
3
Unless the judge advocate directs otherwise, the trial of any charge to which an accused has pleaded not guilty shall proceed in accordance with these Rules before the court considers any guilty plea.
4
The prosecutor, so far as is possible, shall not —
a
address the court on any fact, or
b
lead evidence,
relating to a charge to which any accused has pleaded guilty, except where that fact or evidence relates also to a charge to which any accused has pleaded not guilty.
5
When summing up in the trial of any charge to which an accused has pleaded not guilty, the judge advocate shall warn the court to disregard any charge to which any accused has pleaded guilty.
6
After the court has announced its finding on the charge or charges to which the plea was not guilty, the prosecutor shall address the court on the prosecution case in respect of any charge to which an accused has pleaded guilty.
7
If the judge advocate is satisfied that the court may properly record a finding of guilty in respect of any charge to which an accused has pleaded guilty, the court shall record such a finding.
Dispute on facts after guilty plea
44
1
This rule applies where the accused has pleaded guilty to any charge, but the prosecutor does not accept the factual basis on which that plea is made.
2
Before the court records a finding of guilty in respect of that charge, any issue of fact may be tried and the prosecutor and the accused may call any witness to give evidence about the facts of the case.
3
The court shall sit in closed court while deliberating on its finding on the issue of fact.
4
The finding of the court on the issue of fact shall be determined by a majority of the votes of the members of the court and announced in open court by the president.
5
The judge advocate shall not be present while the other members of the court are deliberating on the issue of fact and shall not be entitled to vote on the finding.
Change of plea
45
1
At any time before the court closes to deliberate on its finding on a charge, an accused who has pleaded not guilty to the charge may withdraw his plea and substitute a plea of guilty.
2
At any time before the court closes to deliberate on its sentence on a charge, an accused who has pleaded guilty to the charge may withdraw his plea and substitute a plea of not guilty.
3
Where an accused changes his plea, the court shall proceed so far as is necessary as if the initial plea to that charge were the plea substituted.
Procedure after not guilty plea
46
1
The prosecutor shall make an opening address based on the statement of the prosecution case in the prosecution papers setting out the facts supporting the charge which he intends to establish.
2
The witnesses for the prosecution shall then be called to give their evidence.
Additional evidence during trial
47
1
If after the commencement of the trial the prosecutor intends to adduce evidence additional to that referred to in the prosecution papers, he shall where practicable serve notice in writing of such intention together with the particulars of the additional evidence on the accused and the judge advocate before it is adduced.
2
Where notice and particulars are served on the accused in accordance with paragraph (1) above, or where evidence is adduced without such notice being given, he may apply for an adjournment of the trial.
Expert evidence
48
1
Expert evidence shall not be adduced at trial without the leave of the judge advocate unless the party proposing to rely on it has served on every other party and the court administration officer not less than 14 days before the date appointed for the trial a statement of the substance of the expert evidence.
2
The statement referred to in paragraph (1) above shall be in writing unless every other party consents to it being made orally.
Exhibits
49
1
Any document or thing admitted in evidence shall be made an exhibit and marked sequentially with either a number or a letter.
2
The clerk of the court shall maintain a list of exhibits.
3
Each exhibit, or a copy certified by the clerk of the court as a true copy, shall be retained with the record of proceedings, unless in the opinion of the judge advocate having regard to the nature of the exhibit or for other good reason it is not expedient to retain the exhibit, or a copy, with the record.
4
Where an exhibit is not retained with the record of proceedings, the judge advocate shall ensure that proper steps are taken for its safe custody.
Presence of witnesses
50
1
Except for the accused and any expert or character witness, a witness as to fact shall not, except by leave of the judge advocate, be in court while not under examination.
2
If while a witness is under examination a question arises as to the admissibility of a question or otherwise with regard to the evidence, the judge advocate may direct the witness to withdraw for the duration of the discussion.
3
The judge advocate may direct any expert or character witness present in court to withdraw if the judge advocate for any reason considers his presence to be undesirable.
Evidence through television link
51
1
Any application by the prosecutor or an accused for leave under section 32 of the Criminal Justice Act 1988 for evidence to be given by a witness through a live television link shall be made as soon as is practicable after the commencement of the trial.
2
An application may not be made under paragraph (1) above without the leave of the judge advocate unless, not less than 28 days before the date appointed for the trial, the party making the application has served a notice in the form set out in Schedule 2 to these Rules on every other party, the court administration officer and the judge advocate stating —
a
the grounds of the application;
b
the name of the witness;
c
where the witness is under the age of 18, the date of birth of the witness;
d
the country and place where it is proposed the witness will be when giving evidence; and
e
the name, occupation and relationship to the witness of any person proposed to accompany the witness and the grounds for believing that person should accompany the witness.
3
Where the court gives leave for a witness under the age of 14 to give evidence through a live television link, the witness shall be accompanied by a person acceptable to the court, and, unless the court otherwise directs, by no other person.
Video recordings of testimony from child witnesses
52
1
Any application by the prosecutor or an accused for leave under section 32A of the Criminal Justice Act 1988 for evidence to be given by a witness by means of a video recording shall be made as soon as is practicable after the commencement of the trial.
2
An application may not be made under paragraph (1) above without the leave of the judge advocate unless, not less than 28 days before the date appointed for the trial, the party making the application has served a notice in the form set out in Schedule 2 to these Rules, together with a copy of the video recording to which the application relates, on every other party, the court administration officer and the judge advocate stating —
a
the grounds of the application;
b
the name of the witness;
c
where the witness is under the age of 18, the date of birth of the witness;
d
the date on which the video recording was made;
e
that in the opinion of the applicant the witness is willing and able to attend the court-martial for cross-examination; and
f
the circumstances in which the video recording was made.
Examination of witnesses
53
1
A witness may be —
a
examined by the party which called him;
b
cross-examined by any other party to the proceedings; and
c
on the conclusion of any cross-examination, re-examined by the party which called him on matters arising out of the cross-examination.
2
The person examining a witness shall question the witness orally and unless an objection is made the witness shall reply immediately.
3
An objection may be made by the witness, the judge advocate, the prosecutor or the accused whereupon the witness shall not reply until the objection has been disposed of.
4
The judge advocate may allow a request that the cross-examination or re-examination of a witness be postponed if he is satisfied that there is a good reason for such a request and that there is no injustice to the accused in doing so.
Questioning by the court
54
1
The court may question any witness.
2
After the witness has replied, the parties to the proceedings may ask the witness such questions arising from his answer as may be allowed by the judge advocate.
Recall of witnesses
55
1
If in the opinion of the judge advocate it is in the interests of justice to do so, the court may, at any time before the judge advocate begins to sum up —
a
call any witness whom the court has not already heard;
b
recall a witness;
c
permit the accused or the prosecutor to recall a witness.
2
If a witness is called or recalled under this rule, the parties to the proceedings may ask the witness such questions as may be allowed by the judge advocate.
Submission of no case to answer
56
1
At the close of the case for the prosecution the accused may submit, in respect of any charge, that the prosecution has failed to establish a prima facie case for him to answer and that he should not be called upon to make his defence to that charge.
2
If the submission is allowed, the judge advocate shall direct the court to find the accused not guilty of the charge to which it relates and such finding shall be announced in open court.
3
If the submission is not allowed, the court shall proceed with the trial of the offence as charged.
Finding of not guilty before the conclusion of the defence
57
The court may at any time after the close of the case for the prosecution find the accused not guilty of a charge, provided that the prosecutor has been given an opportunity to address the court on the question, and such finding shall be announced in open court.
The case for the defence
58
1
After the close of the case for the prosecution, the judge advocate shall satisfy himself that the accused understands —
a
that he may give evidence in his defence if he wishes, but he is not obliged to do so;
b
the consequences of choosing to remain silent at trial;
c
that, if he chooses to give evidence, he will be liable to be cross-examined by the prosecutor and questioned by the court; and
d
that he may call witnesses on his behalf.
2
The judge advocate shall ask the accused —
a
whether he intends to give evidence in his defence;
b
whether he intends to call any witnesses on his behalf; and
c
if he intends to call witnesses, whether they are witnesses to fact or to character.
3
Where the accused intends to call a witness to the facts of the case, other than himself, he may make an opening address outlining the case for the defence before the evidence is given.
Witnesses for the defence
59
Except with the leave of the judge advocate, if the accused elects to give evidence he shall be called before any other witness for the defence.
Further evidence
60
With the leave of the judge advocate, the prosecutor may call or recall a witness to give evidence on any matter raised by the accused in his defence which the prosecutor, could not —
a
properly have dealt with before the accused disclosed his defence; or
b
reasonably have foreseen.
Closing addresses
61
1
Subject to paragraph (4) below, the prosecutor and the accused may each make a closing address to the court.
2
The accused shall be entitled to make his closing address after the prosecutor.
3
Where two or more accused are represented by the same accused’s friend, he may make only one closing address.
4
Except with the leave of the judge advocate, if the accused is not represented and has called in person no witnesses other than himself the prosecutor shall not make a closing address.
Summing up
62
After closing addresses, if any, the judge advocate shall direct the court upon the law relating to the case and summarise the evidence.
Special finding
63
1
For the purposes of these Rules a special finding is —
a
where the particulars proved or admitted at the trial differ from those alleged in the charge but are sufficient to support a finding of guilty of the like offence as that charged, a finding of guilty subject to exceptions or variations specified in the finding;
b
a finding in accordance with section 67 of the Act (power to convict of mitigated offence);
c
a finding in accordance with section 68 of the Act (power to convict of alternative offence).
2
If it appears to the judge advocate that the difference is not so material as to have prejudiced the accused in his defence, the judge advocate may direct the court that a special finding under paragraph (1)(a) above is open to them.
3
In any case the judge advocate may direct the court that a special finding under paragraph (1)(b) or (c) above is open to them.
4
Before directing the court on a special finding, the judge advocate shall allow the prosecutor and the accused to address him on the matter.
5
The court may not reach a special finding unless the judge advocate has directed them that such a finding is open to them.
Deliberation on finding
64
1
After the summing up, the judge advocate shall withdraw and the court shall close to deliberate on its finding on each charge.
2
If the court requires further direction on the law during its deliberation on a finding on any charge, it shall suspend its deliberation to seek and be given further direction by the judge advocate in open court.
3
During its deliberation on a finding, the court may separate for reasonable periods unless the judge advocate directs that in the interests of justice the court shall not separate until the finding has been reached.
4
The vote of each member of the court on the finding on each charge shall be given orally in reverse order of seniority.
Record of finding
65
1
Notwithstanding any minority vote, the finding of the court on each charge shall be recorded in writing, signed by each member of the court except the judge advocate and transmitted to the judge advocate in open court.
2
If the court reaches a finding of guilty or a special finding and the judge advocate is of the opinion that such a finding is contrary to the law relating to the case, he shall direct the court on the findings which are open to them and the court shall retire to reconsider its finding.
3
If the judge advocate is satisfied that the findings are not incorrect in law, he shall countersign the record of the findings and announce them in open court.
PART VI
SENTENCING
Pre-sentence report
66
Where the court administration officer has arranged for a pre-sentence report to be prepared in advance of the trial, he shall serve a copy on the accused and the judge advocate before the time appointed for the trial.
Evidence before sentencing
67
1
This rule applies where the court has recorded a finding of guilty on any charge.
2
Where practicable the court shall take evidence of —
a
the accused’s age and rank;
b
the accused’s service certificate (or equivalent record for officers);
c
any recognised acts of gallantry or distinguished conduct on the part of the accused and any decoration to which he is entitled;
d
particulars of any offence (whether under the Act or otherwise) of which the accused has been found guilty (during his service or otherwise) provided that any convictions treated as spent for the purposes of the Rehabilitation of Offenders Act 1974 shall be clearly marked as such;
e
particulars of the length of time he has been in custody awaiting trial; and
f
details of the accused’s pay, terminal benefits and future pension entitlements.
3
Unless the accused requires otherwise, the matters referred to in paragraph (2) above need not be adduced in compliance with the strict rules of evidence.
4
Where practicable, the court shall consider any pre-sentence report concerning the accused which has been prepared.
5
A record of antecedents signed by the accused may be accepted in evidence by the court under paragraph (2)(d) above where the accused has admitted that he has been found guilty of each offence listed in the record and has had explained to him the purpose for which such admission was sought.
Evidence on behalf of the accused
68
1
If the accused so requests, any service records of the accused or a duly certified copy of the material entries therein shall be produced to the court by the naval authority in whose custody they reside.
2
The accused may —
a
give evidence on oath and call witnesses in mitigation of sentence and as to his character;
b
produce to the court any document or report; and
c
address the court in mitigation of sentence.
3
Unless the prosecutor requires otherwise, any document or report referred to in paragraph (2)(b) above need not be adduced in compliance with the strict rules of evidence.
Offences taken into consideration
69
1
Before the court deliberates on sentence, the accused may request the court to take into consideration any other offence committed by him of a similar nature to that of which he has been found guilty, and, upon such a request being made, the court may agree to take into consideration any such offence as to the judge advocate seems proper.
2
A list of the offences which the court agrees to take into consideration shall be read to the accused by the judge advocate, who shall ask the accused if he admits having committed them.
3
The accused shall sign a list of the offences which he admits having committed and the court shall take the offences in the list into consideration.
4
The list shall be signed by the judge advocate and attached to the record of proceedings.
Deliberation on sentence
70
1
While the court sits in closed court to deliberate on sentence the clerk of the court and any officer under instruction are permitted to be present.
2
Subject to paragraph (6) below, the court shall award one sentence in respect of all the offences of which the accused has been found guilty and all the offences taken into consideration in accordance with rule 69 above.
3
Subject to paragraph (4) below, the vote of each member of the court as to the sentence shall be given orally in reverse order of seniority.
4
The president shall vote last and the judge advocate shall vote immediately before him.
5
In the case of an equality of votes on sentence, the president shall have the casting vote.
6
The sentence may include a direction that such deductions shall be made from the pay of the accused as may have been made if the accused had been found guilty by the court of the offence taken into consideration as well as of the offence or offences of which he has been found guilty.
Postponement of deliberation on sentence
71
Where two or more accused are tried separately by the same court upon charges arising out of the same circumstances, the court may, if the judge advocate is of the opinion that the interests of justice so require, postpone its deliberation upon the sentence to be awarded to any one or more of such accused until it has recorded its findings in respect of all the accused.
Announcement of sentence
72
1
Notwithstanding any minority vote, the sentence shall be recorded in writing, dated and signed by the president and each member of the court.
2
The sentence, and any direction as to postponement or suspension of sentence, shall be announced in open court by the judge advocate.
3
The reasons for sentence shall be announced by the president or, if the president so requests, by the judge advocate.
Conclusion of the trial
73
1
When each charge on the charge sheet has been disposed of, the judge advocate shall dissolve the court.
2
The president shall announce in open court that the trial is concluded.
PART VII
REVIEW OF COURT-MARTIAL FINDING AND SENTENCE
The petition
74
1
The period within which an accused may present a petition in accordance with section 70(1) of the Act shall be 28 days following the day on which sentence was announced.
2
A petition presented in accordance with section 70(1) of the Act shall be in writing and signed by the accused, or on his behalf by the accused’s friend.
3
A petition addressed to the Defence Council shall be treated as having been presented to the Defence Council if it is presented by the petitioner —
a
to the court administration officer; or
b
where the petitioner is —
i
in custody or detention in any civil prison or institution, to the governor of the prison or institution;
ii
detained in naval detention quarters or in any military or air force establishment, to the commandant of the quarters or establishment.
4
A person to whom a petition is presented under paragraph (3)(b) above shall transmit it to the court administration officer immediately upon receipt.
Decision on review
75
Where the reviewing authority completes a review in accordance with section 70 of the Act, it shall —
a
if a petition has been presented in accordance with section 70(1) of the Act, or
b
if it exercises any of its powers under section 71 of the Act,
communicate its decision, with reasons, to the accused.
PART VIII
MISCELLANEOUS
Bankers’ Books Evidence Act 1879
76
1
The power to make an order conferred by section 7 of the Bankers’ Books Evidence Act 1879 may be exercised for the purposes of a court-martial —
a
during the investigation of an alleged offence, by the commanding officer of the accused;
b
at a hearing for directions or at a court-martial, by the judge advocate.
2
The order shall be in the form set out in Schedule 2 to these Rules.
Record of proceedings
77
1
The record of proceedings of a court-martial shall consist of a certified transcript or note of evidence of the hearing for directions and the court-martial.
2
Any transcript of a shorthand note shall be signed by the shorthand writer.
3
Any transcript of a mechanical record shall be signed by the person who transcribed it.
4
Any note of evidence shall be signed by the person who made the note.
5
Except where either is unavailable within a reasonable time to review it, the transcript or note shall be certified by the judge advocate and the clerk of the court, after which it shall be transmitted to the court administration officer.
Circumstances not provided for
78
In any circumstance not provided for by the Act or these Rules such course shall be adopted as appears best calculated to do justice.
Revocation and savings
79
The Naval Courts-Martial General Orders (Royal Navy) 1991 are hereby revoked, save that they shall continue to apply in relation to any trial by a court-martial which commenced before 1st April 1997 until the conclusion of that trial.
Nicholas Soames
Minister of State, Ministry of Defence
12th February 1997


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
This Order may be cited as The A13 Trunk Road (Newham) Red Route Traffic Order 1997, and shall come into force on 1st March 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.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of 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 length 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.
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 elasped 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
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus 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
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) 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.
Revocation or variation of existing Orders
10
The A13 Trunk Road (Newham) Red Route Experimental Traffic Order 1995 and The Newham (Waiting and Loading Restriction) (Proposed Priority Route) Order 1994 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
24th February 1997


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Chichester District Council and Mole Valley District Council) Order 1997 and shall come into force on 12th November 1997.
Exemption of sports and leisure management
2
1
The management of sports and leisure facilities by the council of the district of Chichester shall not be treated as a defined activity so long as it is undertaken at the Westgate Centre, Chichester during the period beginning with 1st January 1998 and ending on 31st March 1999.
2
The management of sports and leisure facilities by the council of the district of Mole Valley shall not be treated as a defined activity so long as it is undertaken at the Dorking Swimming Centre, Dorking during the period beginning with 1st July 1998 and ending on 31st December 1999.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
13th October 1997


text:
Citation and commencement
1
These Regulations may be cited as the Energy Information (Combined Washer-driers) Regulations 1997 and shall come into force on 1st August 1997.
Interpretation
2
In these Regulations, unless the context otherwise requires, expressions used have the same meaning as in the Directives and —
“appliance” means an appliance to which these Regulations apply by virtue of regulation 3 (application);
“dealer” means a retailer or other person who sells or displays appliances to end-users;
“the Directives” means Council Directive 92/75/ EEC and Commission Directive 96/60/ EC ;
“enforcement action” means the instituting of proceedings (whether criminal or otherwise) for failing to observe or comply with these Regulations;
“enforcement authority” means —
in England and Wales and Scotland, a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985 (local weights and measures authorities) ; and
in Northern Ireland, the Department of Economic Development;
“the harmonised standards” means the standards referred to in article 1(2) of Commission Directive 96/60/EC (measurement of required information);
“information notice” means —
subject to paragraph (b), a standard table of information relating to an appliance and complying with regulation 5(2) (form, content and language of information notice);
in paragraph 9 of Schedule 5 (power of enforcement authority to require technical documentation), a standard table of information relating to the energy consumption and allied design and performance characteristics of an appliance;
“label” means —
subject to paragraph (b), a label relating to an appliance and complying with regulation 4(2) (form, content and language of label);
in regulation 13 (misleading information) and in paragraph 9 of Schedule 5 (power of enforcement authority to require technical documentation), a label relating to the energy consumption and allied design and performance characteristics of an appliance;
“purchase” includes acquire on hire or on hire-purchase, and related expressions shall be construed accordingly;
“records” includes any books, documents, marks or symbols and any records in non-documentary form;
“sale” includes hire and hire-purchase, and related expressions shall be construed accordingly;
“supplier” means the manufacturer of an appliance or his authorised representative in the Community or the person who places an appliance on the Community market;
“third person” means any person other than the one against whom enforcement action may be or has been taken under these Regulations.
Application
3
1
Subject to paragraphs (2) and (3) and regulation 15 (transitional provisions), these Regulations shall apply to household combined washer-driers, even where these are sold for non-household uses.
2
These Regulations shall apply only to appliances which are —
a
electric mains operated, and
b
unable to use other energy sources.
3
These Regulations shall not apply —
a
to second-hand appliances,
b
to appliances of which production ceased before 1st August 1997, or
c
in respect of the rating plate or its equivalent affixed for safety purposes to an appliance.
Suppliers' duties in respect of labels
4
1
A supplier of an appliance shall provide free of charge to a dealer such label in respect of the appliance as may be necessary to enable the dealer to comply with his obligations imposed pursuant to the Directives.
2
The label shall be in the relevant language version and, where it is in English, shall comply with Schedules 1 (the label) and 4 (energy efficiency and washing performance class) and, in any other case, with Commission Directive 96/60/EC .
3
Where the dealer requests labels from the supplier, the supplier shall ensure that the requested labels are delivered promptly.
4
A supplier may choose his own system for delivery of labels.
Suppliers' duties in respect of information notices
5
1
A supplier of an appliance shall provide an information notice in accordance with this regulation.
2
The information notice shall be in the relevant language version and, where it is in English, shall comply with Schedules 2 (the information notice) and 4 (energy efficiency and washing performance class) and, in any other case, with Commission Directive 96/60/EC .
3
Where the supplier provides a product brochure, the brochure shall contain an information notice.
4
Where a product brochure is not provided by the supplier, the supplier shall provide an information notice with any other literature provided with the appliance.
Suppliers' deemed consent to publication of information
6
The supplier shall be deemed to consent to the publication of the information given on a label or in an information notice.
Suppliers to be responsible for accuracy of labels and information notices
7
1
The supplier shall be responsible for the accuracy of the information given on a label or in an information notice.
2
A label or information notice shall be deemed to comply with these Regulations unless there is evidence to the contrary.
Suppliers' duties in respect of technical documentation
8
1
The supplier shall establish technical documentation sufficient to enable the accuracy of the information contained in a label or information notice to be assessed.
2
The technical documentation referred to in paragraph (1) shall include —
a
the name and address of the supplier;
b
a general description of the appliance, sufficient for it to be identified;
c
information (including drawings as relevant) on the main design features of the appliance and, in particular, items which appreciably affect its energy consumption;
d
the results of design calculations carried out, where these are relevant;
e
reports of relevant measurement tests carried out on the appliance in accordance with the test procedures of the harmonised standards;
f
test reports, where available, including those carried out by relevant notified organisations as defined under other Community legislation;
g
where values are derived from those obtained for similar models, the same information for these models; and
h
operating instructions (if any).
3
For the purposes of paragraphs (1) and (2), the supplier may use documentation already required on the basis of relevant Community legislation.
4
The supplier shall make the technical documentation available for inspection by enforcement authorities for a period ending five years after the appliance has ceased to be manufactured.
5
The supplier shall furnish promptly to an enforcement authority such of the technical documentation as the authority requires pursuant to paragraph 9 of Schedule 5 (power of enforcement authority to require technical information).
Dealers' duty in respect of displayed appliances
9
Subject to regulation 11 (extent of dealers' duties under regulations 9 and 10), a dealer who displays an appliance to end-users shall attach a label to the outside front or top of the appliance so that the label remains clearly visible and not obscured whenever the appliance is displayed.
Dealers' duty in respect of information notices
10
1
Subject to regulation 11 (extent of dealers' duties under regulations 9 and 10), this regulation shall apply where by virtue of regulation 5 (suppliers' duties in respect of information notices) or a similar obligation imposed pursuant to the Directives, a supplier is under a duty to provide an information notice in respect of an appliance.
2
Where a dealer offers the appliance for sale to end-users in circumstances such that potential purchasers do not see the appliance displayed and thus have no opportunity to see the label, the dealer shall make the information notice available for inspection by potential purchasers before concluding a sale of the appliance.
Extent of dealers' duties under regulations 9 and 10
11
Regulations 9 (dealers' duty in respect of displayed appliances) and 10 (dealers' duty in respect of information notices) shall not apply where an appliance is offered for sale to end-users by mail order, by catalogue or by other means which imply that the potential purchaser cannot be expected to see the appliance displayed.
Printed communications
12
Where a person offers an appliance for sale to end-users by means of a printed communication, such as a mail order catalogue (but not an advertisement or short printed list of appliances), in circumstances which imply that the potential purchaser cannot be expected to see the appliance displayed, the person making such offer shall ensure that the printed communication is in the relevant language version and —
a
if it is in English, includes the information specified in Schedule 3 (mail order and other distance selling) and describes the appliance in accordance with Schedule 4 (energy efficiency and washing performance class), and
b
in any other case, it complies with Commission Directive 96/60/EC .
Misleading information
13
1
A person shall not display a label, mark, symbol or inscription which relates to the energy consumption of an appliance and which does not comply with these Regulations, if the label, mark, symbol or inscription —
a
would be taken to comply with these Regulations, or
b
would be likely to mislead or confuse.
2
Paragraph (1) shall not apply to a label, mark, symbol or inscription displayed under a Community or national environmental labelling scheme.
Enforcement and offences
14
1
Subject to paragraph (3), it shall be the duty of every enforcement authority to enforce these Regulations within its area.
2
Schedule 5 shall have effect with regard to offences, enforcement of these Regulations, and other matters.
3
Nothing in these Regulations shall authorise a local weights and measures authority in Scotland to bring proceedings in Scotland for an offence.
Transitional provisions
15
These Regulations shall not apply in relation to —
a
an appliance supplied by a supplier (whether to a dealer or another person) before 1st February 1998;
b
any printed communication within the meaning of regulation 12 (printed communications) distributed to potential purchasers before 1st February 1998; or
c
the display of appliances before 1st February 1998.
John Prescott
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
30th June 1997


text:
Citation and commencement
1
This Order may be cited as the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 1997 and shall come into force on 1st April 1997.
Increase of earnings limits in respect of dependent children
2
In paragraph 4 of Schedule 7 to the Social Security Contributions and Benefits Act 1992, in paragraphs (a) and (b) of sub-paragraph (4) for the amount of £130 there shall be substituted on each occasion the amount of £135.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Minister of State,
Department of Social Security
4th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Approval) (Amendment) Regulations 1997 and shall come into force on 30th June 1997.
Preliminary
2
The Motor Vehicles (Approval) Regulations 1996 shall be amended as follows.
Amendment to regulation 4 (approval requirements relating to relevant passenger vehicles)
3
In regulation 4(6) for “in item 6 of column 2” there shall be substituted “in column 2 of item 6”.
Amendment to regulation 6 (approval requirements relating to relevant goods vehicles)
4
In regulation 6(7) for “relevant passenger vehicle” there shall be substituted “relevant goods vehicle”.
Amendments to regulation 7 (application for Minister’s approval certificate)
5
In regulation 7 —
a
in paragraph (1) for “issue for a Minister’s” there shall be substituted “issue of a Minister’s”; and
b
in paragraph (6) for “is made in accordance with the paragraphs (1) to (3)” there shall be substituted “made in accordance with paragraphs (1) to (3)”.
Replacement certificates
6
After regulation 12 there shall be inserted —
Replacement certificates
12A
1
If a Minister’s approval certificate has been lost or defaced, an application for the issue of a replacement for the original certificate may be made in writing to the Secretary of State at the place from which the original certificate was issued.
2
The application shall —
a
specify the identification number of the vehicle in respect of which the original certificate was issued; and
b
be accompanied by the prescribed fee.
3
As soon as reasonably practicable after he receives the application and fee, the Secretary of State shall issue to the applicant a replacement for the certificate to which the application relates and any such replacement shall have the same effect as the certificate which it replaces and shall be marked “replacement”.
Amendment to regulation 14 (obligatory certificates)
7
In regulation 14(3) for “1st July 1997” there shall be substituted “1st January 1998”.
Signed by authority of the Secretary of State for Transport
Helene Hayman
Parliamentary Under Secretary of State,
Department of Transport
28th May 1997


text:
Title and commencement
1
This Order may be cited as the Contracting Out (Metropolitan Police and Civil Staffs Pensions) Order 1997 and shall come into force on the day after the day on which it is made.
Contracting out of functions
2
1
Functions conferred on the Secretary of State, as the police authority for the metropolitan police district, by section 8A of the Police Pensions Act 1976 or by any regulations made under section 1 or 8A of that Act may be exercised by, or by the employees of, such person (if any) as may be authorised in that behalf by the Secretary of State.
2
Functions conferred on the Secretary of State by section 15(2)(a) of the Superannuation (Miscellaneous Provisions) Act 1967 (superannuation of metropolitan civil staffs) or by provisions (being the principal civil service pension scheme and enactments and instruments relating to civil service pensions) having effect for the purposes of those functions by virtue of section 15(2)(b) of that Act may be exercised by, or by the employees of, such person (if any) as may be authorised in that behalf by the Secretary of State.
Alun Michael
Minister of State
Home Office
19th July 1997


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1997 and shall come into force for the purposes of articles 1 and 2 on 7th April 1997 and for all other purposes on 9th April 1997.
2
“The principal Scheme” means the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 .
Substitution of article 17 of the principal Scheme
2
For article 17 of the principal Scheme (sums not payable when delay in claiming) there shall be substituted the following article —
17
1
An allowance, or an increase of allowance, shall not be payable to any person in respect of any period more than three months before the claim for the allowance or the increase, as the case may be, is made.
2
Death benefit shall not be payable in respect of the death of any person to or for the benefit of any dependant who fails to make a claim for that benefit within a period of three months beginning with the day of the death.
.
Amendment of Schedule 1 to the principal Scheme
3
1
Schedule 1 to the principal Scheme shall be amended in accordance with the following provisions of this article.
2
In column 2 of the entry relating to disease number 5 (primary malignant neoplasm of the mesothelium etc. ) for the present entry there shall be substituted the following entry —
Exposure to asbestos, asbestos dust or any admixture of asbestos at a level above that commonly found in the environment at large.
.
3
In column 1 of the entry relating to disease number 8 (primary carcinoma of the lung etc.) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
unilateral or bilateral diffuse pleural thickening extending to a thickness of 5mm or more at any point within the area affected as measured by a plain chest radiograph (not being a computerised tomography scan or other form of imaging) which —
i
in the case of unilateral diffuse pleural thickening, covers 50 per cent or more of the area of the chest wall of the lung affected; or
ii
in the case of bilateral diffuse pleural thickening, covers 25 per cent or more of the combined area of the chest wall of both lungs.
.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchelol
Parliamentary Under-Secretary of State,
Department of Social Security
13th March 1997
We consent
Roger Knapman
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
13th March1997


text:
Citation and commencement
1
These Regulations may be cited as the Combined Fire Authorities (Protection from Personal Liability) (England) Regulations 1997, and shall come into force on 27th December 1997.
Interpretation
2
In these Regulations “the 1947 Act ” means the Fire Services Act 1947 , and “combination scheme” means a combination scheme under that Act.
Protection from personal liability
3
1
Where, by virtue of section 18(3) of the Local Government Act 1992, an order under section 17 of that Act provides, or has provided —
a
that, subject to any combination scheme, a district is to become the area of a fire authority for the purposes of the 1947 Act; or
b
that, for the purposes of the making of any combination scheme, the area of a district is to be treated as an area which would become the area of a fire authority by virtue of the order;
paragraph (2) below shall apply in relation to a combined fire authority constituted by a combination scheme which includes such an area.
2
A combined fire authority constituted by such a combination scheme shall, for the purposes of section 265 of the Public Health Act 1875 and section 39 of the Local Government (Miscellaneous Provisions) Act 1976 (protection of members and officers etc. from personal liability), be treated as if it were a local authority.
George Howarth
Parliamentary Under-Secretary of State
Home Office
25th November 1997


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (Brent) Red Route Traffic Order 1997, and shall come into force on 26th April 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;
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”; and
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 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.
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
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus 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 table in schedule 3A 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 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 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 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
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) 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.
Revocation or variation of existing Orders
10
The A406 Trunk Road (Brent) Red Route Experimental Traffic Order 1995 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
18th April 1997


text:
1
These Regulations may be cited as the International Carriage of Perishable Foodstuffs (Amendment) Regulations 1997 and shall come into force on 11th August 1997.
2
In regulation 2 (Interpretation and transitional provision) of the International Carriage of Perishable Foodstuffs Regulations 1985 for the definition of “ ATP ” there shall be substituted:
“ATP” means the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage (ATP) concluded at Geneva on 1st September 1970 as amended pursuant to article 18 of the agreement and as further amended pursuant to that article by an amendment to article 18 which came into force on 24 February 1996 and by amendments to Annex 1 which came into force on 15 May 1991 , 24 February 1996 and 12 July 1997 , amendments to appendices 1 and 2 of Annex 1 which came into force on 6 July 1989 and 13 December 1991 , amendments to appendix 2 of Annex 1 which came into force on 30 September 1990 , 15 June 1993 , 18 July 1993 and 22 February 1996 , amendments to Annex 2 which came into force on 28 March 1991 and 13 February 1996 , and an amendment to Annex 3 which came into force on 14 November 1996 ;
.
Signed by authority of the Secretary of State for Transport
Helene Hayman
Parliamentary Under Secretary of State,
Department of Environment, Transport and the Regions
8th July 1997


text:
Citation and commencement
1
This Order may be cited as the British Gas plc (Rateable Values) (Amendment) Order 1997 and shall come into force on 1st April 1997.
Amendment of standard formula
2
In article 2 (interpretation) of the British Gas plc (Rateable Values) Order 1994 , in the definition of “the standard formula”, for paragraph (a) there is substituted —
a
T in respect of English gas hereditaments is £385,689,700 and in respect of Welsh gas hereditaments is £26,472,700;
.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
17th March 1997
Signed by authority of the Secretary of State
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
17th March 1997