type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Family Proceedings Courts (Children Act 1989) (Amendment) Rules 1997 and shall come into force on 1st October 1997.
2
The Family Proceedings Courts (Children Act 1989) Rules 1991 shall be amended in accordance with the following provisions of these Rules and, in those provisions, any reference to a rule by number alone shall be construed as a reference to the rule so numbered in the said Rules of 1991.
2
Rule 23 shall be amended by inserting, after paragraph (2), the following new paragraph–
3
Nothing in this rule shall prevent the disclosure of a document prepared by a guardian ad litem for the purpose of–
a
enabling a person to perform functions required by regulations made under section 41(7);
b
assisting a guardian ad litem or a reporting officer (within the meaning of section 65(1)(b) of the Adoption Act 1976 ) who is appointed under any enactment to perform his functions.
.
3
1
Rule 25 shall stand as paragraph (1) of that rule and shall be amended by inserting, as sub-paragraph (b), the following–
b
section 38A(2)(b)(ii) or 44A(2)(b)(ii), or
.
2
After rule 25(1), there shall be inserted the following–
2
Any written consent given for the purposes of subsection (2) of section 38A or section 44A, shall include a statement that the person giving consent–
a
is able and willing to give to the child the care which it would be reasonable to expect a parent to give him; and
b
understands that the giving of consent could lead to the exclusion of the relevant person from the dwelling-house in which the child lives.
.
4
After rule 25, there shall be inserted the following new rule–
Exclusion requirements: interim care orders and emergency protection orders
25A
1
This rule applies where the court includes an exclusion requirement in an interim care order or an emergency protection order.
2
The applicant for an interim care order or emergency protection order shall
a
prepare a separate statement of the evidence in support of the application for an exclusion requirement;
b
serve the statement personally on the relevant person with a copy of the order containing the exclusion requirement (and of any power of arrest which is attached to it);
c
inform the relevant person of his right to apply to vary or discharge the exclusion requirement.
3
Where a power of arrest is attached to an exclusion requirement in an interim care order or an emergency protection order, a copy of the order shall be delivered to the officer for the time being in charge of the police station for the area in which the dwelling-house in which the child lives is situated (or of such other station as the court may specify) together with a statement that the relevant person has been served with the order or informed of its terms (whether by being present when the order was made or by telephone or otherwise).
4
Rules 12A(3), 20 (except paragraphs (1) and (3)) and 21 of the Family Proceedings Courts (Matrimonial Proceedings etc ) Rules 1991 shall apply, with the necessary modifications, for the service, variation, discharge and enforcement of any exclusion requirement to which a power of arrest is attached as they apply to an order made on an application under Part IV of the Family Law Act 1996.
5
The relevant person shall serve the parties to the proceedings with any application which he makes for the variation or discharge of the exclusion requirement.
6
Where an exclusion requirement ceases to have effect whether–
a
as a result of the removal of a child under section 38A(10) or 44A(10),
b
because of the discharge of the interim care order or emergency protection order, or
c
otherwise,
the applicant shall inform–
i
the relevant person,
ii
the parties to the proceedings,
iii
any officer to whom a copy of the order was delivered under paragraph (3), and
iv
(where necessary) the court.
7
Where the court includes an exclusion requirement in an interim care order or an emergency protection order of its own motion, paragraph (2) shall apply with the omission of any reference to the statement of the evidence.
.
5
Rule 31(1) shall be amended by substituting, for the words “in Form C37”, the words “in writing”.
6
After rule 33A there shall be inserted the following–
Setting aside on failure of service
33B
Where an application has been sent to a respondent in accordance with rule 8(1) and, after an order has been made on the application, it appears to the court that the application did not come to the knowledge of the respondent in due time, the court may of its own motion set aside the order and may give such directions as it thinks fit for the rehearing of the application.
.
7
There shall be substituted, for Forms C11, C23 and C33 in Appendix 1 to the Family Proceedings Courts (Children Act 1989) Rules 1991, the forms contained in the Schedule to these Rules.
8
Nothing in rules 3, 4 and 7 shall apply to proceedings issued before 1st October 1997.
Irvine of Lairg, C
Dated 28th July 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Welfare Food (Amendment) Regulations 1997 and shall come into force on 7th April 1997.
2
In these Regulations “the principal Regulations ” means the Welfare Food Regulations 1996 .
Amendment of regulation 6 of the principal Regulations
2
In regulation 6(1) of the principal Regulations (inability to obtain free vitamins) for the words “at an office of the Department of Social Security” there shall be substituted the words “to an office of the Department of Social Security in writing”.
Amendment of regulation 7 of the principal Regulations
3
In regulation 7(1) of the principal Regulations (purchase of dried milk at a reduced price) for “£3.65” there shall be substituted “£3.75”.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State,
Department of Health
17th March 1997


text:
1
This Order may be cited as the Army, Air Force and Naval Discipline Acts (Continuation) Order 1997.
2
The Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 shall continue in force for a period of twelve months beginning on the day immediately following 31st August 1997 (which is the date on which those Acts would otherwise expire).
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and interpretation
1
1
This Order may be cited as the Medical (Professional Performance) Act 1995 (Commencement No. 3) Order 1997.
2
In this Order, “ the Act ” means the Medical (Professional Performance) Act 1995.
Appointed Day
2
1st July 1997 is the day appointed for the coming into force of the whole of the Act so far as it is not already in force, except section 2 (voluntary removal from the register) and, in the Schedule (supplementary and consequential amendments to the Medical Act 1983 ), paragraph 3 (which amends section 32 of that Act), and sections 4 (which introduces the Schedule) and 7(2) (extent) so far as they relate to those provisions.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Changes for England (Direct Labour Organisations) (East Riding of Yorkshire District Council) Order 1997 and shall come into force on 30th September 1997.
2
In this Order —
“ the Act ” means the Local Government, Planning and Land Act 1980 ;
“annual cost”, in relation to any work and any relevant year, means the amount estimated by the authority as the amount which, if the authority were to undertake the work, would fall to be credited in pursuance of section 12 of the Act to the account kept in respect of that work and that year;
“the authority” means the council of the district of the East Riding of Yorkshire;
“building work” means functional work consisting of building work involved in the improvement, maintenance or repair of buildings;
“functional work” means functional work within the meaning in section 20 of the Act;
“relevant year”, in relation to any work, means any financial year during which the work is to be undertaken; and
“the supplementary reorganisation period” means the period beginning on 1st October 1997 and ending with 31st March 1998.
Functional work: tendering requirements applying to the authority
2
1
This article applies to building work of the authority undertaken in the supplementary reorganisation period, other than work to be undertaken under a single arrangement —
a
which is to be completed in a period of less than a year, or
b
which has an annual cost in any relevant year of less than £200,000.
2
Subject to the following provisions of this article, nothing in section 9 of the Act shall require the authority to have complied with the conditions in subsection (4) of that section in relation to work to which this article applies.
3
But the authority shall, in relation to work to which this article applies, draw up the conditions which would have been specified by them for the purposes of section 9(4)(a) of the Act but for paragraph (2).
4
Nothing in this article shall be construed as preventing the Secretary of State from serving a notice under section 19A(1)(b) of the Act informing the authority that it appears to him —
a
that they have estimated the annual cost of work to amount to £200,000 or more, but that the work is functional work which could most economically and efficiently be undertaken in more than one arrangement at least one of which would have an estimated annual cost of less than £200,000; or
b
that the work is to be or was undertaken in a period of a year or more, but that it appears to him that it could most economically and efficiently be or have been undertaken in a period of less than a year;
and that it therefore appears to him that the provisions of section 9(4)(aaaa) of the Act have not been complied with as regards that work.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under-Secretary of State,Department of the Environment, Transport and the Regions
4th September 1997


text:
1
This Order may be cited as the A3 Trunk Road (Roehampton Vale, Wandsworth) (Prescribed Routes) Order 1988 (Variation) Order 1997 and shall come into force on 13th January 1997.
2
1
The A3 Trunk Road (Roehampton Vale, Wandsworth) (Prescribed Routes) Order 1988 shall be varied as follows:
2
In article 3(b) for the words “being a point 30 metres southwest” to the end of article 3, there shall be substituted the words “being a point 10 metres southwest of the northeastern boundary of Number 136 Roehampton Vale”.
Signed by authority of the Secretary of State for Transport
P. J. Bevis
Assistant Director
Highways Agency, London Network Management Division
7th January 1997


text:
Citation
1
This Order may be cited as the Dundee Port Authority (Dissolution) Order 1997.
Dissolution of the authority
2
The Dundee Port Authority shall be dissolved on 27th October 1997.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
24th October 1997


text:
Citation and commencement
1
These Regulations may be cited as the Control of Substances Hazardous to Health (Amendment) Regulations 1997 and shall come into force on 9th January 1997.
Amendment to the Control of Substances Hazardous to Health (Amendment) Regulations 1996
2
For the following provisions of the Schedule to the Control of Substances Hazardous to Health (Amendment) Regulations 1996 —
Substance Formula Reference periods Long-term maximum exposure limit (8-hour TWA reference period) ppm mg m −3 Short-term maximum exposure limit (15-minute reference period) ppm mg m −3
Cobalt and cobalt compound (as Co) Co — — Cotton dust — 2.5 — — 1,2– Dibromoethane (Ethylene dibromide) BrCH 2 CH 2 Br 0.5 3.9 — —
there shall be substituted the following —
Substance Formula Reference periods Long-term maximum exposure limit (8-hour TWA reference period) ppm mg m −3 Short-term maximum exposure limit (15-minute reference period) ppm mg m −3
Cobalt and cobalt compound (as Co) Co — 0.1 — — Cotton dust — 2.5 — — Dibromoethane (Ethylene dibromide) BrCH 2 CH 2 Br 0.5 3.9 — —
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of Environment
January 1997


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


text:
1
This Order may be cited as the A127 Trunk Road (M25 to Rayleigh Section and Slip Roads) (Detrunking) Order 1997 and shall come into force on 27th March 1997.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A127 Trunk Road; and
iii
“the slip roads” means the slip roads described in the Schedule to this Order.
3
The length of the trunk road and the lengths of the slip roads shall cease to be trunk roads and shall be classified as principal roads from the date when this Order comes into force.
Signed by authority of the Secretary of State for Transport
A. D. Rowland
Director Southern Network Management Division, Highways Agency,
Department of Transport
5th March 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southampton Community Health Services National Health Service Trust (Transfer of Trust Property) Order 1997 and shall come into force on 29th April 1997.
2
In this Order —
“the Authority” means Southampton and South West Hampshire Health Authority;
“the Trust” means Southampton Community Health Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 21st October 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 29th April 1997 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under Secretary of State,
Department of Health
7th April 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing (Right to Acquire) (Discount) Order 1997 and shall come into force on 1st April 1997.
2
In this Order “area” means a “local government area” as defined by section 270 of the Local Government Act 1972 .
Amounts of Discount
2
The following amounts of discount are specified for the purpose of section 17(1)(a) of the Housing Act 1996 (the right to acquire) —
a
£16,000 where a dwelling is in one of the areas specified in Schedule 1 to this Order;
b
£13,500 where a dwelling is in one of the areas specified in Schedule 2 to this Order;
c
£11,000 where a dwelling is in one of the areas specified in Schedule 3 to this Order;
d
£10,000 where a dwelling is in one of the areas specified in Schedule 4 to this Order; and
e
£9,000 where a dwelling is in one of the areas specified in Schedule 5 to this Order.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment.
5th March 1997


text:
1
These Regulations may be cited as the Equal Pay (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1997 and shall come into force on 1st October 1997.
2
1
A person may present a complaint to an industrial tribunal under section 7A of the Equal Pay Act 1970, notwithstanding that subsection (5) of that section would otherwise preclude the presentation of such a complaint, in any case to which paragraph (2) or (4) below applies.
2
This paragraph applies where —
a
the person has made a complaint in respect of the same matter to an officer under the service redress procedures; and
b
that complaint has not been withdrawn.
3
For the purposes of paragraph (2)(b) above, a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures, he fails to submit that complaint to the Defence Council under those procedures.
4
This paragraph applies where the complaint concerns a claim in respect of the contravention of a term of service relating to membership of, or rights under, any relevant scheme.
5
In this regulation —
“occupational pension scheme” has the same meaning as in section 1 of the Pensions Schemes Act 1993 ; and
“relevant scheme” means —
any occupational pension scheme made under section 3 of the Naval and Marine Pay and Pensions Act 1865 ;
the Army Pensions Warrant 1977; or
any occupational pension scheme made under section 2 of the Air Force (Constitution) Act 1917 .
John Reid
Minister of State, Ministry of Defence
29th August 1997


text:
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 4) Order 1997 and shall come into force on 10th November 1997.
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State.
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
20th October 1997


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


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Care (Direct Payments) Regulations 1997 and shall come into force on 1st April 1997.
2
In these Regulations —
“ the Act ” means the Community Care (Direct Payments) Act 1996;
“the 1983 Act ” means the Mental Health Act 1983 ; and
“the 1984 Act ” means the Mental Health (Scotland) Act 1984 .
Persons to whom direct payments may be made
2
1
Subject to paragraph (2), a person —
a
to whom section 29 of the National Assistance Act 1948 applies, and
b
who appears to the authority to be capable of managing a direct payment by himself or with assistance,
is specified for the purposes of section 1(1)(b) of the Act.
2
Paragraph (1) does not apply to a person —
a
aged 65 or over unless a payment was made to him under section 1 of the Act in the period of twelve months which ended on the day before his sixty-fifth birthday;
b
who is required to submit to treatment for his mental condition or for his drug or alcohol dependency by virtue of a requirement of —
i
a probation order within the meaning of section 2 of the Powers of Criminal Courts Act 1973 ; or
ii
a combination order within the meaning of section 11 of the Criminal Justice Act 1991 ;
c
who is released on licence under section 37 of the Criminal Justice Act 1991 subject to a condition that he submit to treatment for his mental condition or for his drug or alcohol dependency;
d
who is placed under guardianship in pursuance of —
i
an application made in accordance with section 7 of the 1983 Act; or
ii
an order made under section 37 of that Act;
e
who is absent from hospital with leave given in accordance with section 17 of the 1983 Act;
f
who is subject to after-care under supervision (which expression shall be construed in accordance with section 25A of the 1983 Act );
g
in respect of whom there is in force a condition imposed in accordance with section 42(2) or 73(4) (including such a condition which has been varied in accordance with section 73(5) or 75 (3)) of the 1983 Act;
h
in respect of whom there is in force a supervision and treatment order within the meaning given by Part I of Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 ;
i
who is a patient subject to after-care under a community care order under section 35A of the 1984 Act ;
j
who is a patient who is absent from hospital on leave under section 27 of the 1984 Act;
k
who is a patient subject to guardianship under section 37 of the 1984 Act;
l
who is a restricted patient within the meaning of section 63(1) of the 1984 Act who has been given a conditional discharge under section 64 or 68 of that Act; or
m
who is subject to an order of a court under sections 57(2)(a), (b), (c) or (d) or 58, or 58 and 59 of the Criminal Procedure (Scotland) Act 1995 or who is required to submit to treatment for his mental condition or for his drug and alcohol dependency by virtue of a requirement of a probation order in terms of sections 228 to 230 of that Act; or
n
who is released on licence under section 22 or 26 of the Prisons (Scotland) Act 1989 or under section 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 and is subject to a condition that he submits to treatment for his mental condition or for his drug or alcohol dependency.
Persons from whom services may not be secured by means of a direct payment
3
The following persons are specified for the purposes of section 1(4) of the Act —
a
the spouse of the payee;
b
a person who lives with the payee as his spouse;
c
a person living in the same household as the payee who is the payee’s —
i
parent or parent-in-law;
ii
son or daughter;
iii
son-in-law or daughter-in-law;
iv
stepson or stepdaughter;
v
brother or sister;
vi
aunt or uncle; or
vii
grandparent;
d
the spouse of any person specified in sub-paragraph (c) who lives in the same household as the payee; and
e
a person who lives with any person specified in sub-paragraph (c) as that person’s spouse.
Maximum period of residential accommodation which may be secured by means of a direct payment
4
1
Subject to paragraph (2), the power to make a payment under section 1(1) of the Act shall not be exercisable in relation to the provision of residential accommodation for any person in any period of 12 months for a period in excess of four weeks.
2
In calculating the period of four weeks mentioned in paragraph (1) a period in residential accommodation of less than four weeks shall be added to any succeeding period in residential accommodation where the two periods are separated by a period of less than four weeks but not otherwise.
Stephen Dorrell
Secretary of State for Health
11th March 1997


text:
Citation and commencement
1
This Order may be cited as the National Board for Nursing, Midwifery and Health Visiting for England (Constitution and Administration) Amendment Order 1997 and shall come into force on 1st September 1997.
Amendment of the National Board for Nursing, Midwifery and Health Visiting for England (Constitution and Administration) Order 1993
2
In the National Board for Nursing, Midwifery and Health Visiting for England (Constitution and Administration) Order 1993 in article 12 (functions of the Board) —
a
in paragraph (1), for the words “functions specified in paragraphs (2) and (3)” there shall be substituted the words “function specified in paragraph (2)”; and
b
paragraph (3) shall be omitted.
Revocation of the National Board for Nursing, Midwifery and Health Visiting for England (Constitution and Administration) Amendment Order 1994
3
The National Board for Nursing, Midwifery and Health Visiting for England (Constitution and Administration) Amendment Order 1994 is hereby revoked.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State
Department of Health
7th August 1997


text:
Citation and Commencement
1
This Order may be cited as the Common Lodging Houses (Repeal) Consequential Provisions Order 1997 and shall come into force on 3rd March 1997.
Repeals
2
The following enactments are repealed to the extent specified;
1
sections 80 to 82 of the Poole Corporation Act 1928 ;
2
section 16(e) of the Greater London Council (General Powers) Act 1981 ;
3
section 10(2)(m) of the Greater London Council (General Powers) Act 1984 ; and
4
section 70(1)(j) of the Leicestershire Act 1985 .
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under-Secretary of State,Department of the Environment
3rd February 1997


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 1997 and shall come into force on 1st April 1997.
Amendment of the National Health Service (Dental Charges) Regulations 1989
2
In regulation 4 of the National Health Service (Dental Charges) Regulations 1989 (calculation of charges), in paragraph (5), for “£325” in both places where it occurs there shall be substituted “£330”.
Revocation
3
The National Health Service (Dental Charges) Amendment Regulations 1996 are hereby revoked.
Transitional Provisions
4
Where, on or after 1st April 1997, appliances are supplied, or other general dental services are provided, in pursuance of a contract or arrangement for the provision of general dental services made before that date, regulation 4(5) of the National Health Service (Dental Charges) Regulations 1989 shall have effect in respect of that supply or other provision as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Health.
Gerald Malone
Minister of State,
Department of Health.
3rd March 1997


text:
1
This Order may be cited as the Carriage by Air and Road Act 1979 (Commencement No. 2) Order 1997.
2
The provisions of the Carriage by Air and Road Act 1979 which are listed in column (1) of the Schedule to this Order and which relate to the matters respectively specified in relation to those provisions in column (2) thereof shall (to the extent stated in the Schedule) come into force on 1st December 1997.
N.H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Return of Cultural Objects (Amendment) Regulations 1997 and shall come into force on 1st September 1997.
2
These Regulations extend to Northern Ireland.
Amendment
2
1
The Return of Cultural Objects Regulations 1994 shall be amended in accordance with the provisions of this regulation.
2
In regulation 2(1) (interpretation) at the end there shall be inserted “as amended by the Council Directive No. 96/100/ EC ” .
3
In the Schedule to the Regulations after the entry in respect of 10 (printed maps) there shall be inserted —
£23,800.00
3A. (Water colours, gouaches and pastels)
.
Chris Smith
Secretary of State for National Heritage
15th July 1997


text:
Title and commencement
1
This Order may be cited as the Medicines (Registered Homoeopathic Veterinary Medicinal Products) (General Sale List) Order 1997 and shall come into force on 30th June 1997.
Application
2
This Order applies to homoeopathic veterinary medicinal products which are registered under the Registration of Homoeopathic Veterinary Medicinal Products Regulations 1997 (“registered homoeopathic veterinary medicinal products”) other than those in the class specified in the Schedule.
General sale list
3
Registered homoeopathic veterinary medicinal products to which this Order applies are hereby specified as a class of medicinal products which in the opinion of the appropriate Ministers can with reasonable safety be sold or supplied otherwise than by, or under the supervision of, a pharmacist.
Signed by authority of the Secretary of State for Health
Baroness Jay
Minister of State,
Department of Health
20th May 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
20th May 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
21st May 1997
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
16th May 1997
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
D.C.Gowdy
Permanent Secretary
23rd day of May 1997
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
P.J. Small
Permanent Secretary
21st day of May 1997


text:
PART I
GENERAL
1
This Order may be cited as the European Communities (Immunities and Privileges of the European Police Office) Order 1997. It shall come into force on the date on which the Protocol drawn up, on the basis of Article K.3 of the Treaty of European Union and Article 41(3) of the Europol Convention, on the Privileges and Immunities of Europol, the members of its organs, the Deputy Director and employees of Europol signed at Brussels on 19th June 1997 (“the Protocol”) enters into force in respect of the United Kingdom. That date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
The European Police Office (Legal Capacities) Order 1996 is hereby revoked.
3
In this Order:
“ Convention ” means the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention) ;
“Europol” means the European Police Office;
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 ;
“ Organs of Europol ” means the Management Board as referred to in Article 28 of the Convention, the Financial Controller as referred to in Article 35(7) of the Convention, and the Financial Committee as referred to in Article 35(8) of the Convention;
“ Director ” means the Director of the European Police Office as referred to in Article 29 of the Convention;
“ Board ” means the Management Board as referred to in Article 28 of the Convention.
PART II
THE ORGANISATION
4
Europol is an organisation of which the United Kingdom and other sovereign Powers are members.
5
Europol shall have the legal capacities of a body corporate.
6
Europol shall have immunity from suit and legal process, except to the extent that the Director shall have waived such immunity in a particular case, in respect of any damage caused to an individual as a result of legal or factual errors in data stored or processed at Europol.
7
Europol shall have the like inviolability in respect of its official archives and premises as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives and premises of a diplomatic mission.
8
Within the scope of its official activities, Europol, its property, assets and income shall have exemption from taxes on income, capital gains tax and corporation tax.
9
Europol shall have the like relief from rates on its official premises as, in accordance with Article 23 of the 1961 Convention Articles, is accorded in respect of the official premises of a diplomatic mission.
10
Europol shall have exemption from all duties (whether of customs or excise) and taxes on the importation by it or on its behalf of goods necessary for the exercise of its official activities, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.
11
Europol shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods imported or exported by it and necessary for its official activities and in the case of its official publications, imported or exported by it.
12
Europol shall have relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979 ) or value added tax paid on the importation of such oil which is bought in the United Kingdom and is necessary for the exercise of its official activities, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
13
Europol shall have relief, under arrangements made by the Secretary of State, by way of refund of car tax and value added tax paid on any official vehicle and value added tax paid on the supply of any goods or services which are supplied for its official activities, such relief to be subject to compliance with such conditions as may be imposed in accordance with arrangements.
14
Europol shall have relief, under arrangements made by the Secretary of State, by way of a refund of insurance premium tax and air passenger duty paid by Europol in the exercise of its official activities.
PART III
OFFICERS
15
Except in so far as in any particular case any privilege or immunity is waived by the Board, in the case of the Director, Financial Controller and members of the Financial Committee, by the Director, in the case of staff members of Europol, or, in the case of the members of the Board, by the Member State of the European Union of which the member is the representative, such persons shall enjoy immunity from suit and legal process in respect of acts, including words written or spoken, done by them in the exercise of their official functions, except in respect of civil liability in the case of damage arising from a road traffic accident caused by them.
16
1
Staff members of Europol shall enjoy;
a
exemption from income tax in respect of such salaries and emoluments which are subject to taxation for the benefit of Europol, provided that nothing in this paragraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purpose of assessing the amount of taxation to be applied to income from other sources;
b
the same treatment as, in accordance with Article 14 of the Protocol on the privileges and immunities of the European Communities annexed to the Treaty establishing a Single Council and a Single Commision of the European Communities , is accorded to officials and other servants of the European Communities.
2
Paragraph 1(a) of this Article shall not apply to pensions or annuities paid by Europol.
N. H. Nicholls
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 1997 and shall come into force on 29th September 1997.
2
The Motor Vehicles (Driving Licences) Regulations 1996 shall be amended in accordance with the following regulations.
3
After regulation 26 there shall be inserted —
Eligibility to apply for further practical or unitary test
26A
1
Subject to the following provisions of this regulation, a person who has failed to pass a practical or unitary test (“the first test”) for a licence authorising the driving of vehicles of a class included in any category may not make an application for another test for a licence authorising the driving of vehicles of any class included in the same category to be conducted before the expiry of the relevant period.
2
Paragraph (1) shall not apply —
a
in a case where the person is either a member of the armed forces of the Crown or a person in the civil service of the Crown under the Secretary of State for Defence and the application is made with the consent of a person authorised by the Secretary of State for Defence; or
b
in a case where the first test is conducted by a DSA Examiner and the licensing authority has, prior to that test, given notice to the person that he will accept an application for a further test to be conducted before the expiry of the relevant period.
3
In this regulation, “the relevant period” means —
a
in the case of a test for a licence authorising the driving of a vehicle of a class included in category C, C+E, D or D+E, 3 clear working days, and
b
in any other case, 10 clear working days,
commencing with the first day after the date of the first test.
.
4
In regulation 28(1)(c) at the beginning there shall be inserted “state whether or not he requires the pass certificate or failure statement to be furnished to him in accordance with regulation 44(2) on the day of the test and”.
5
For regulations 29(1)(c) and 30(1)(c) respectively there shall be substituted —
c
state whether or not he requires the pass certificate or failure statement to be furnished, in accordance with regulation 44(2), to the person whose name has been received by the appointed person under paragraph (4) on the day of the test and pay the fee specified in regulation 31
.
6
After regulation 30 there shall be inserted —
Eligibility to apply for further theory test
30A
1
Subject to paragraph (2), a person who has failed to pass a theory test prescribed in respect of any category may not make an application for another test of that nature to be conducted before the expiry of a period of three clear working days commencing with the day after the date of the first test.
2
Paragraph (1) shall not apply —
a
in a case where the person is either a member of the armed forces of the Crown or a person in the civil service of the Crown under the Secretary of State for Defence and the application is made with the consent of a person authorised by the Secretary of State for Defence; or
b
in a case where the first test is conducted by an appointed person in accordance with paragraph (1)(a) or (2)(a) of regulation 22 and the licensing authority has, prior to that test, given notice to the person that he will accept an application for a further test to be conducted before the expiry of the period mentioned in paragraph (1).
7
For regulation 31 there shall be substituted —
31
1
The fee payable for a theory test to be conducted by an appointed person in respect of any category of motor vehicle is —
a
in a case where a pass certificate or failure statement is required to be furnished on the day of the test, £25, and
b
in any other case, £15,
and is payable to the licensing authority.
2
No fee is payable for a theory test conducted by any other person.
.
8
1
Regulation 34 shall be amended as follows.
2
For paragraph (2)(a)(ii) there shall be substituted —
ii
except where he has produced an appropriate licence containing his photograph, satisfy the person conducting the test as to his identity in accordance with paragraph (4A), and
.
3
For paragraph (4)(b) there shall be substituted —
b
except where he has produced an appropriate licence containing his photograph, satisfy the person conducting the test as to his identity in accordance with paragraph (4A), and
.
4
After paragraph (4) there shall be inserted —
4A
For the purposes of this regulation, a person conducting a test may be satisfied as to a person’s identity —
a
from a document produced to him which is a document listed in Schedule 6 or is a document of a like nature, or
b
if that person’s identity is clearly apparent from facts known to, or other evidence in the possession of, the person conducting the test.
.
9
1
Regulation 44 shall be amended as follows.
2
For paragraph (1) there shall be substituted —
1
For the purpose of ascertaining whether a candidate has demonstrated a knowledge and sound understanding of the specified matters in accordance with these Regulations the person conducting a theory test shall arrange for the test paper returned by that candidate to be marked —
a
in a case where a pass certificate or failure statement is required to be furnished on the day of the test, on that day, and
b
in any other case, as soon as practicable after completion of the test.
.
3
In paragraph (4), for the words “it was sent” there shall be substituted “it is furnished”.
4
In paragraph (5), for the words “issued in error” there shall be substituted “furnished in error or with an error in the particulars required to be specified in it”.
5
For paragraph (7) there shall be substituted —
7
A pass certificate is not valid for the purposes of regulation 34(3) if —
a
it is furnished in error or with an error in the particulars required to be specified in it; or
b
the person to whom it is furnished is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the test to which the certificate relates.
.
10
Regulation 45(3) is hereby revoked.
Signed by authority of the Secretary of State for Transport Minister of Transport
Gavin Strang
21st August 1997
We approve the making of these Regulations
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
26th August 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Order 1997 and shall come into force on 18th August 1997.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the Medicines Act 1968;
“aerosol” means a product which is dispersed from its container by a propellent gas or liquid;
“appropriate nurse practitioner” means–
a person who–
is registered in Part 1 or 12 of the Register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979 (referred to below in this definition as “the professional register”), and
has a district nursing qualification additionally recorded in the professional register under rule 11 of the Nurses, Midwives and Health Visitors Rules 1983 ; or
a person who is registered in Part 11 of the professional register as a health visitor;
against whose name (in each case) is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients;
“controlled drug” has the meaning assigned to it by section 2 of the Misuse of Drugs Act 1971 ;
“cyanogenetic substances” means preparations which–
are presented for sale or supply under the name of, or as containing, amygdalin, laetrile or vitamin B17, or
contain more than 0.1 per cent by weight of any substance having the formula either α-Cyanobenzyl-6-O-β-d-glucopyranosyl-β-d-glucopyranoside or α-Cyanobenzyl-β-d-glucopy ranosiduronic acid;
“dosage unit” means–
where a medicinal product is in the form of a tablet or capsule or is an article in some other similar pharmaceutical form, that tablet, capsule or other article, or
where a medicinal product is not in any such form, the unit of measurement which is used as the unit by reference to which the dose of the medicinal product is measured;
“external use” means application to the skin, hair, teeth, mucosa of the mouth, throat, nose, ear, eye, vagina or anal canal when a local action only is intended and extensive systemic absorption is unlikely to occur; and references to medicinal products for external use shall be read accordingly except that such references shall not include throat sprays, throat pastilles, throat lozenges, throat tablets, nasal drops, nasal sprays, nasal inhalations or teething preparations;
“health prescription” means a prescription issued by a doctor, dentist or nurse prescriber under or by virtue of–
in England and Wales, the National Health Service Act 1977 ,
in Scotland, the National Health Service (Scotland) Act 1978 , and
in Northern Ireland, the Health and Personal Social Services (Northern Ireland) Order 1972 ;
“inhaler” does not include an aerosol;
“master” has the same meaning as in section 313(1) of the Merchant Shipping Act 1995 ;
“maximum daily dose” or “ MDD ” means the maximum quantity of a substance contained in the amount of a medicinal product which it is recommended should be taken or administered in a period of 24 hours;
“maximum dose” or “ MD ” means the maximum quantity of a substance contained in the amount of a medicinal product which it is recommended should be taken or administered at any one time;
“maximum strength” means–
the maximum quantity of a substance by weight or volume contained in a dosage unit of a medicinal product;
the maximum percentage of a substance contained in a medicinal product calculated in any of the following ways–
weight in weight,
weight in volume,
volume in weight, or
volume in volume,
and if the maximum percentage calculated in those ways differs, the higher or highest such percentage;
“medicinal product” includes any article or substance in respect of which section 58 of the Act has effect by virtue of an order made under section 104 of the Act, but does not include–
a medicinal product which is a veterinary drug as defined in section 132(1) of the Act or
an article or substance in respect of which section 58 has such effect where that article or substance is only to be administered to animals;
“the Misuse of Drugs Regulations ” means, in relation to England, Wales and Scotland, the Misuse of Drugs Regulations 1985 and in relation to Northern Ireland, the Misuse of Drugs (Northern Ireland) Regulations 1986 ;
“occupational health scheme” means a scheme in which a person, in the course of a business carried on by him, provides facilities for his employees for the treatment or prevention of disease;
“offshore installation” means an offshore installation within the meaning of the Mineral Workings (Offshore Installations) Act 1971 which is within–
tidal waters and parts of the sea in or adjacent to the United Kingdom up to the seaward limits of territorial waters;
waters in any area designated under section 1(7) of the Continental Shelf Act 1964 ;
“operator”, in relation to an aircraft, means the person for the time being having the management of the aircraft;
“parenteral administration” means administration by breach of the skin or mucous membrane;
“prescription only medicine” means a medicinal product of a description or falling within a class specified in article 3 of this Order;
“prolonged release” in relation to a medicinal product means a formulation of that product which–
is used to reduce the rate at which the active ingredient in that product is released after administration, and
is sold or supplied as a prolonged, controlled or sustained release medicinal product;
“registered midwife” means a person who is registered in Part 10 of the Register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979;
“registered nurse” means a person who is registered in the Register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979;
“registered ophthalmic optician” means a person who is registered in either of the Registers of ophthalmic opticians maintained under section 7(a) of the Opticians Act 1989 ;
“repeatable prescription” means a prescription which contains a direction that it may be dispensed more than once;
“sell” means sell by retail as defined in section 131 of the Act and “sale” has a corresponding meaning;
“soap” means any compound of a fatty acid with an alkali or amine;
“state registered chiropodist” means a person who is registered in the Register established and maintained under section 2(1) of the Professions Supplementary to Medicine Act 1960 by the Chiropodists Board;
“supply” means supply in circumstances corresponding to retail sale as defined in section 131 of the Act;
“unit preparation” means a preparation, including a mother tincture, prepared by a process of solution, extraction or trituration with a view to being diluted tenfold or one hundredfold, either once or repeatedly, in an inert diluent, and then used either in this diluted form or, where applicable, by impregnating tablets, granules, powders or other inert substances.
3
For the purposes of this Order, the equivalence of a substance to a reference material shall be determined by calculating the amount of that reference material which is contained in that substance either by weight or, where the amount of the reference material is specified in terms of international units of activity, those units.
4
In this Order, unless the context otherwise requires, a reference–
a
to a numbered section is to the section of the Act which bears that number,
b
to a numbered article or Schedule is to the article of, or Schedule to, this Order which bears that number,
c
in an article or in a Part of a Schedule to a numbered paragraph is to the paragraph of that article or Part of that Schedule which bears that number, and
d
in a paragraph to a lettered sub-paragraph is to the sub-paragraph of that paragraph which bears that letter.
5
In Schedules 1 to 3–
a
entries specified in columns 2 to 5 relate to the substances listed in column 1 against which they appear and where, in relation to a particular substance listed in column 1, an entry in columns 2 to 5 bears a number or letter it relates only to such entries in the other of those columns as bear the same number or letter;
b
the following abbreviations are used:
“g” for gram,
“iu” for international unit of activity,
“mcg” for microgram,
“mg” for milligram,
“ml” for millilitre.
6
In Schedule 3, the abbreviation “ NPF ” means the Nurse Prescribers' Formulary Appendix in the British National Formulary.
Appropriate practitioners
2
For the purposes of section 58 (medicinal products on prescription only), the following shall be appropriate practitioners–
a
in relation to the descriptions and classes of medicinal products specified in article 3, doctors, dentists, veterinary surgeons and veterinary practitioners;
b
in relation to the descriptions and classes of medicinal products specified in Schedule 3, appropriate nurse practitioners.
Medicinal products on prescription only
3
Subject to article 6, the following descriptions and classes of medicinal products are specified for the purposes of section 58, namely–
a
medicinal products consisting of or containing a substance listed in column 1 of Schedule 1;
b
medicinal products that are controlled drugs;
c
medicinal products that are for parenteral administration, other than preparations of insulin for parenteral administration;
d
cyanogenetic substances, other than preparations for external use;
e
medicinal products that on administration emit radiation, or contain or generate any substance which emits radiation, in order that radiation may be used;
f
medicinal products for human use which are classified as subject to medical prescription in marketing authorizations granted under Council Regulation 2309/93 ;
g
medicinal products–
i
which are not of a description and do not fall within a class specified in subparagraphs (a) to (f),
ii
which are of a description in respect of which the conditions specified in section 59(1) are satisfied, and
iii
in respect of which a product licence or marketing authorization has been granted which contains a provision to the effect that the method of sale or supply of the medicinal product is to be only in accordance with a prescription given by an appropriate practitioner.
Duration of special provisions in relation to new medicinal products
4
The duration specified for the purposes of section 59(2)(a) (duration of restrictions for certain new products) shall be a period of 5 years.
Exempt medicinal products
5
1
A medicinal product shall be exempt from the restrictions imposed by section 58(2)(a) (restrictions on sale or supply) if it, or a substance in it, is listed in column 1 of Schedule 1 and there–
a
is an entry in column 2, 3, 4 or 5 of that Schedule which contains a condition and that condition is satisfied in accordance with the following provisions of this article; or
b
there is more than one such condition which applies where that substance is used in that product and each of those conditions is so satisfied.
2
Where a maximum strength is specified in column 2 in relation to a substance, a medicinal product which consists of or contains that substance satisfies the condition where the maximum strength of that substance in that medicinal product, or where specified in that column the maximum strength of a medicinal product which contains that substance, does not exceed that specified maximum or, where the medicinal product consists of more than one of the substances sodium fluoride, sodium monofluorophosphate or stannous fluoride combined in a dentifrice, where the maximum strength of that combination of substances in a product does not exceed the equivalent of 0.15 per cent of fluorine.
3
Where a route of administration is specified in column 3 in relation to a substance, a medicinal product which consists of or contains that substance satisfies the condition where it is sold or supplied for administration only by that route.
4
Where a use is specified in column 3 in relation to a substance, a medicinal product which consists of or contains that substance satisfies the condition in respect of use where it is sold or supplied only for use–
a
where a purpose for which it may be used is so specified, for that purpose;
b
where the class of persons in whom it may be used is so specified, in persons of that class.
5
Where a pharmaceutical form is specified in column 3 in relation to a substance, a medicinal product which consists of or contains that substance satisfies the condition where it is sold or supplied in that pharmaceutical form.
6
Where a maximum dose is specified in column 4 in relation to a substance, a medicinal product which consists of or contains that substance satisfies the condition where it is sold or supplied for use at a maximum dose which does not exceed that specified maximum dose.
7
Subject to paragraph (8), where a maximum daily dose is specified in column 4 in relation to a substance, a medicinal product which consists of or contains that substance satisfies the condition where it is sold or supplied for use at a maximum daily dose which does not exceed that specified maximum daily dose.
8
A medicinal product which contains more than one of the substances–
Atropine
Atropine Methobromide
Atropine Methonitrate
Atropine Oxide Hydrochloride
Atropine Sulphate
Hyoscine
Hyoscine Butylbromide
Hyoscine Hydrobromide
Hyoscine Methobromide
Hyoscine Methonitrate
Hyoscyamine
Hyoscyamine Hydrobromide
Hyoscyamine Sulphate,
satisfies the condition only where it is sold or supplied for use at a maximum daily dose which does not exceed 1 milligram in total of the alkaloids derived from belladonna, hyoscyamus, stramonium or other solanaceous plant which are contained in that medicinal product.
9
Where a maximum period of use or a maximum frequency of use is specified in column 4 in relation to a substance, a medicinal product which consists of or contains that substance satisfies the condition where it is sold or supplied for use for a maximum period or frequency, as the case may be, which does not exceed the maximum period of use or the maximum frequency of use which is so specified.
10
Where a maximum quantity is specified in column 5 in relation to a substance, a medicinal product which consists of or contains that substance satisfies the condition where it, or where so specified in that column, the medicinal product which contains that substance is sold or supplied in a quantity which does not exceed that specified maximum quantity.
11
In paragraphs (2) to (7) and (9) and (10) a reference to a numbered column is a reference to the column bearing that number in Schedule 1.
Circumstances in which controlled drugs and medicinal products authorized by the European Community are not prescription only medicines
6
1
A medicinal product shall not be a prescription only medicine by reason that it is a controlled drug listed in Schedule 2 to the Misuse of Drugs Act 1971 where, it–
a
contains not more than one of the substances listed in column 1 of Schedule 2 to this Order and no other controlled drug;
b
contains that substance at a strength that does not exceed the maximum strength specified in column 2 of that Schedule; and
c
is sold or supplied–
i
in such pharmaceutical form as may be specified in column 3 of that Schedule, and
ii
for use at a maximum dose which does not exceed that specified in column 4 of that Schedule.
2
A medicinal product for human use in respect of which a marketing authorization has been granted under Council Regulation 2309/93/ EEC shall not be a prescription only medicine where that authorization does not classify the medicinal product as subject to medical prescription.
Exemption for parenteral administration in an emergency to human beings of certain prescription only medicines
7
The restriction imposed by section 58(2)(b) (restriction on administration) shall not apply to the administration to human beings of any of the following medicinal products for parenteral administration–
Adrenaline Injection 1 in 1000 (1 mg in 1 ml)
Atropine Sulphate Injection
Chlorpheniramine Injection
Cobalt Edetate Injection
Dextrose Injection Strong B.P.C.
Diphenhydramine Injection
Glucagon Injection
Hydrocortisone Injection
Mepyramine Injection
Promethazine Hydrochloride Injection
Snake Venom Antiserum
Sodium Nitrite Injection
Sodium Thiosulphate Injection
Sterile Pralidoxime
where the administration is for the purpose of saving life in an emergency.
Exemptions for emergency sale or supply
8
1
The restrictions imposed by section 58(2)(a) (restriction on sale and supply) shall not apply to the sale or supply of a prescription only medicine by a person lawfully conducting a retail pharmacy business where the conditions specified in paragraph (2) are satisfied.
2
The conditions referred to in paragraph (1) are–
a
that the pharmacist by or under whose supervision the prescription only medicine is to be sold or supplied is satisfied that the sale or supply has been requested by a doctor who by reason of an emergency is unable to furnish a prescription immediately;
b
that the doctor has undertaken to furnish the person lawfully conducting a retail pharmacy business with a prescription within 72 hours of the sale or supply;
c
that the prescription only medicine is sold or supplied in accordance with the directions of the doctor requesting it;
d
subject to paragraph (5), that the prescription only medicine is not a controlled drug specified in Schedule 1, 2 or 3 to the Misuse of Drugs Regulations;
e
that an entry is made in the record kept under regulation 6 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 within the time specified in that regulation stating the particulars required under paragraph 1 of Schedule 2 to those Regulations.
3
The restrictions imposed by section 58(2)(a) shall not apply to the sale or supply of a prescription only medicine by a person lawfully conducting a retail pharmacy business where the conditions specified in paragraph (4) are satisfied.
4
The conditions referred to in paragraph (3) are–
a
that the pharmacist by or under whose supervision the prescription only medicine is to be sold or supplied has interviewed the person requesting a prescription only medicine and has satisfied himself–
i
that there is an immediate need for the prescription only medicine requested to be sold or supplied and that it is impracticable in the circumstances to obtain a prescription without undue delay,
ii
that treatment with the prescription only medicine requested has on a previous occasion been prescribed by a doctor for the person requesting it, and
iii
as to the dose which in the circumstances it would be appropriate for that person to take;
b
that no greater quantity of the prescription only medicine than will provide 5 days' treatment is sold or supplied except that where the prescription only medicine–
i
is an aerosol for the relief of asthma, an ointment or cream, and has been made up for sale in a container elsewhere than at the place of sale or supply, the smallest pack that the pharmacist has available for sale or supply may be sold or supplied,
ii
is an oral contraceptive, a quantity sufficient for a full treatment cycle may be sold or supplied,
iii
is an antibiotic for oral administration in liquid form, the smallest quantity that will provide a full course of treatment may be sold or supplied;
c
subject to paragraph (5), that the prescription only medicine does not consist of or contain a substance specified in Schedule 4 to this Order and is not a controlled drug specified in Schedule 1, 2 or 3 to the Misuse of Drugs Regulations;
d
that an entry is made in the record kept under regulation 6 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 within the time specified in that regulation stating the particulars required under paragraph 3 of Schedule 2 to those Regulations;
e
that the container or package of the prescription only medicine is labelled so as to show–
i
the date on which the prescription only medicine is sold or supplied,
ii
the name, quantity and, except where it is apparent from the name, the pharmaceutical form and strength of the prescription only medicine,
iii
the name of the person requesting the prescription only medicine,
iv
the name and address of the registered pharmacy from which the prescription only medicine is sold or supplied, and
v
the words “Emergency Supply”.
5
The conditions specified in paragraphs (2)(d) and (4)(c) shall not apply where the prescription only medicine consists of or contains phenobarbitone or phenobarbitone sodium (but no other substance specified in Schedule 4 to this Order or Schedule 1, 2 or 3 to the Misuse of Drugs Regulations) and is sold or supplied for use in the treatment of epilepsy.
Exemption for non-parenteral administration to human beings
9
The restriction imposed by section 58(2)(b) (restriction on administration) shall not apply to the administration to human beings of a prescription only medicine which is not for parenteral administration.
Exemption for medicinal products at high dilutions
10
The restrictions imposed by section 58(2) (restrictions on sale, supply and administration) shall not apply to the sale, supply or administration of a medicinal product which is not for parenteral administration and which consists of or contains, any of the substances listed in column 1 of Schedule 1 or 2, only one or more unit preparation of such substances, if–
a
each such unit preparation has been diluted to at least one part in a million (6x), and the person selling, supplying or administering the medicinal product has been requested by or on behalf of a particular person and in that person’s presence to use his own judgment as to the treatment required; or
b
each such unit preparation has been diluted to at least one part in a million million (6c).
Exemptions for certain persons
11
1
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply–
a
to the sale or supply by a person listed in column 1 of Part I of Schedule 5 of the prescription only medicines listed in relation to that person in column 2 of that Part where the conditions specified in the corresponding paragraphs in column 3 of that Part are satisfied;
b
to the supply by a person listed in column 1 of Part II of Schedule 5 of the prescription only medicines listed in relation to that person in column 2 of that Part where the conditions specified in the corresponding paragraphs in column 3 of that Part are satisfied.
2
The restriction imposed by section 58(2)(b) (restriction on administration) shall not apply to the administration by a person listed in column 1 of Part III of Schedule 5 of the prescription only medicines for parenteral administration listed in relation to that person in column 2 of that Part where the conditions specified in the corresponding paragraphs in column 3 of that Part are satisfied.
Exemption for sale or supply in hospitals
12
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the sale or supply of any prescription only medicine in the course of the business of a hospital where the prescription only medicine is sold or supplied in accordance with the written directions of a doctor or dentist notwithstanding that those directions do not satisfy the conditions specified in article 15(2).
Exemption in cases involving another’s default
13
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the sale or supply of a prescription only medicine by a person who, having exercised all due diligence, believes on reasonable grounds that the product sold or supplied is not a prescription only medicine.
Exemption in the case of a forged prescription
14
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the sale or supply of a prescription only medicine by a pharmacist in accordance with a forged prescription where the pharmacist, having exercised all due diligence, believes on reasonable grounds that the prescription is genuine.
Prescriptions
15
1
For the purposes of section 58(2)(a) a prescription only medicine shall not be taken to be sold or supplied in accordance with a prescription given by an appropriate practitioner unless the conditions specified in paragraph (2) are fulfilled.
2
The conditions referred to in paragraph (1) are that the prescription–
a
shall be signed in ink with his own name by the appropriate practitioner giving it;
b
shall, without prejudice to sub-paragraph (a), be written in ink or otherwise so as to be indelible, unless it is a health prescription which is not for a controlled drug specified in Schedule 1, 2 or 3 to the Misuse of Drugs Regulations, in which case it may be written by means of carbon paper or similar material;
c
shall contain the following particulars–
i
the address of the appropriate practitioner giving it,
ii
the appropriate date,
iii
such particulars as indicate whether the appropriate practitioner giving it is a doctor, a dentist, an appropriate nurse practitioner, a veterinary surgeon or a veterinary practitioner,
iv
where the appropriate practitioner giving it is a doctor, dentist or appropriate nurse practitioner, the name, address and the age, if under 12, of the person for whose treatment it is given, and
v
where the appropriate practitioner giving it is a veterinary surgeon or a veterinary practitioner, the name and address of the person to whom the prescription only medicine is to be delivered and a declaration by the veterinary surgeon or veterinary practitioner giving it that the prescription only medicine is prescribed for an animal or herd under his care;
d
shall not be dispensed after the end of the period of 6 months from the appropriate date, unless it is a repeatable prescription in which case it shall not be dispensed for the first time after the end of that period nor otherwise than in accordance with the directions contained in the repeatable prescription;
e
in the case of a repeatable prescription which does not specify the number of times it may be dispensed, shall not be dispensed on more than two occasions unless it is a prescription for an oral contraceptive in which case it may be dispensed 6 times before the end of the period of 6 months from the appropriate date.
3
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to a sale or supply of a prescription only medicine which is not in accordance with a prescription given by an appropriate practitioner by reason only that a condition specified in paragraph (2) is not satisfied where the person selling or supplying the prescription only medicine, having exercised all due diligence, believes on reasonable grounds that that condition is satisfied in relation to that sale or supply.
4
In paragraph (2) “the appropriate date” means–
a
in the case of a health prescription, the date on which it was signed by the appropriate practitioner giving it or a date indicated by him as being the date before which it shall not be dispensed; and
b
in every other case, the date on which the prescription was signed by the appropriate practitioner giving it;
and, for the purposes of sub-paragraphs (d) and (e) of that paragraph, where a health prescription bears both the date on which it was signed and a date indicated as being that before which it shall not be dispensed, the appropriate date is the later of those dates.
Revocations
16
1
The Orders specified in Schedule 6 are revoked.
2
In the Medicines (Prescription Only, Pharmacy and General Sale) Amendment Order 1989 articles 2 to 6 and Schedules 1 and 2 are revoked.
Signed by authority of the Secretary of State for Health
Baroness Jay
Minister of State,
Department of Health
21st July 1997
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
25th July 1997
Sam Galbraith
Parliamentary Under Secretary of State, The Scottish Office
23rd July 1997
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
25th July 1997
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 22nd July 1997.
D. C. Gowdy
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 18th July 1997.
P. Small
Permanent Secretary


text:
Citation, commencement and extent
1
1
This Order may be cited as the Deregulation (Occasional Permissions) Order 1997.
2
This Order shall come into force on the day after the day on which it is made.
3
This Order does not extend to Scotland or Northern Ireland.
Amendments of the Licensing (Occasional Permissions) Act 1983
2
1
The Licensing (Occasional Permissions) Act 1983 shall be amended as set out in articles 3 to 6 below.
Removal of requirements relating to applicant for occasional permission
3
1
In section 1 (grant of occasional permissions) —
a
in subsection (1) (which provides for the grant of a permission to an officer of an organisation), for “an officer” there shall be substituted “a member”, and
b
in subsection (2) (which requires the officer to be resident in the licensing district) —
i
in paragraph (a), for “officer” there shall be substituted “member” and the words “and is resident in their licensing district” shall be omitted, and
ii
in paragraph (b), for “that district” there shall be substituted “their licensing district”.
2
In section 2 (which contains requirements relating to applications for occasional permissions) —
a
in subsection (1), in paragraph (c) —
i
at the beginning there shall be inserted “where the applicant is an officer in the organisation or branch holding the function,”, and
ii
for “the applicant’s office in the organisation or branch holding the function” there shall be substituted “his office”, and
b
after that subsection there shall be inserted —
1A
Where an application for an occasional permission is made by a person who is not an officer in the organisation or branch holding the function in respect of which the application is made, the application shall contain a signed statement by an officer of the organisation or branch —
a
confirming that the application is made with its approval, and
b
indicating the nature of his office.
.
Increase in number of occasional permissions which may be granted in twelve month period
4
In section 1(4) (which limits the number of occasional permissions granted to four in a twelve month period), for “four” there shall be substituted “twelve”.
Change in time limits for making application for occasional permission
5
In section 2(2) (which requires an application for an occasional permission to be made at least one month before the function to which it relates), for “one-month” there shall be substituted “twenty-one days”.
Obligation for licensing justices to give reasons for requiring attendance of applicant at hearing
6
1
After section 2(6) there shall be inserted —
6A
Where, under subsection (6) above, the licensing justices require the attendance in person of an applicant who was granted an occasional permission in their licensing district in the twelve months preceding the receipt by them of the application under consideration, they shall inform the applicant in writing of their reasons for doing so.
.
2
This article applies in relation to any application for an occasional permission which is made on or after this Order comes into force.
Timothy Kirkhope
Parliamentary Under-Secretary of State
Home Office
21st March 1997


text:
1
This Order may be cited as the Firearms (Amendment) Act 1997 (Commencement) ( No. 1) Order 1997.
2
Sections 16 (Payments in respect of prohibited small firearms and ammunition), 17 (Payments in respect of ancillary equipment) and 18 (Parliamentary control of compensation schemes) of the Firearms (Amendment) Act 1997 shall, for the purposes only of making a compensation scheme, come into force on 17th March 1997.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
15th March 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment (No. 3) Regulations 1997 and shall come into force on 5th October 1997.
2
In these Regulations “the principal Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997
2
1
The Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 shall be amended in accordance with the following paragraphs.
2
In regulation 3 (which amends the principal Regulations) —
a
in paragraph (2)(a) for the words “Subject to paragraph (3D)” there shall be substituted the words “Subject to paragraph (3B)”;
b
in paragraph (2)(b), for new paragraphs (3B) to (3D) inserted in regulation 11 of the principal Regulations) (maximum rent) the following paragraph shall be substituted —
3B
Paragraph (3A) shall not apply in the case of a claimant —
a
to whom regulation 10 of the Housing Benefit (General) Amendment Regulations 1995 (saving provision) applies;
b
to whom paragraph 13 of Schedule 2 (severe disability premium) applies; or
c
who has a non-dependant residing with him.
;
c
for paragraphs (2)(c) and (2)(d) respectively the following sub-paragraphs shall be substituted —
c
in paragraph (4)(a) the words from “plus 50 per cent.” to the end of the sub-paragraph shall be omitted;
d
in paragraph (5) the words from “plus 50 per cent.” to the end of the paragraph shall be omitted;
;
d
paragraphs (4) and (7) shall be omitted.
3
In regulation 4 (savings) —
a
in paragraph (1) after the words “paragraph (2)” there shall be inserted the words “or (2A)”;
b
for paragraph (2) there shall be substituted the following paragraphs —
2
This paragraph applies to a claimant who was entitled to and in receipt of housing benefit on 5th October 1997, until —
a
the date on which the benefit period, which was current for that claimant on 5th October 1997, ends; or
b
the date on which the claimant occupies a new dwelling as his home on moving from the dwelling he so occupied on 5th October 1997,
whichever is the earlier.
2A
This paragraph applies to a claimant who makes a further claim for housing benefit under regulation 72(12) to (14) of the principal Regulations, where he has been continuously entitled to and in receipt of housing benefit, in respect of the same dwelling for a period which includes 5th October 1997, which included an addition by virtue of paragraph (4) or (5) of regulation 11 of the principal Regulations as they had effect on 5th October 1997.
2B
“Benefit period” for the purposes of paragraph (2) has the same meaning as in regulation 66 of the principal Regulations.
.
Signed by authority of the Secretary of State for Social Security.
Frank Field
Minister of State,
Department of Social Security
8th August 1997


text:
1
These Regulations may be cited as the Civil Aviation (Navigation Services Charges) (Second Amendment) Regulations 1997 and shall come into force on 1st April 1997.
2
The Civil Aviation (Navigation Services Charges) Regulations 1995 shall be amended as follows —
1
In regulation 2 for the Table there shall be substituted the following Table —
TABLE
Column 1 Column 2
Heathrow-London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.27
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.52
Gatwick-London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.27
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.52
Stansted-London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.27
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.52
Aberdeen (Dyce)
£3.40
Edinburgh
£2.20
Glasgow
£2.18
2
In regulation 6 for “a charge of £73” there shall be substituted “a charge of £60”.
3
In regulation 7(1) for “a charge of £144” there shall be substituted “a charge of £146”.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
3rd March 1997
We consent to the making of these Regulations
Patrick McLoughlin
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 1997


text:
Commencement and citation
1
This Order may be cited as the A205 Trunk Road (Perry Vale and Waldram Crescent, Lewisham) Red Route (Prohibited Turns) Traffic Order 1997, and shall come into force on 1st January 1998.
Interpretation
2
In this Order causing includes permitting; and cause shall be construed accordingly.
Prohibited Turns
3
No person causing any vehicle to proceed in Perry Vale in the London Borough of Lewisham, shall cause that vehicle to turn left into Waldram Crescent.
4
No person causing any vehicle to proceed in Waldram Crescent in the London Borough of Lewisham, shall cause that vehicle to turn right into Perry Vale.
Exemption
5
Nothing in Articles 3 or 4 of this Order shall apply to anything done with the permission or at the direction of a police constable or a traffic warden, in uniform.
TRO 348
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
26th November 1997


text:
Citation, commencement and interpretation
1
1
These Regulations, which may be cited as the Housing Benefit (Information from Landlords and Agents) Regulations 1997, shall come into force on 3rd November 1997.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Administration Act 1992;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the notice” means the notice prescribed in regulation 3(1)(b);
“relevant information” means such information as is prescribed in regulation 4;
“the requirer” means a person within regulation 2, who requires information pursuant to that regulation;
“the section” means section 126A of the Act and references to a subsection are to a subsection of the section;
“the supplier” means an appropriate person who is required, pursuant to regulations 2 and 3, to supply relevant information and any person who is not so required is not, for the purposes of supplying information pursuant to the section and these Regulations, an appropriate person,
and other expressions used both in these Regulations and in the Housing Benefit Regulations shall have the same meanings in these Regulations as they have in the Housing Benefit Regulations.
3
In these Regulations a reference to a numbered regulation is to the regulation in these Regulations bearing that number and, unless the context otherwise requires, a reference in a regulation to a numbered or lettered paragraph is to the paragraph bearing that letter or number in that regulation and a reference in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
Requiring information
2
Pursuant to the section, where a claim is made to an authority, on which a rent allowance may be awarded, then, in the circumstances prescribed in regulation 3, that authority, or any person authorised to exercise any function of the authority relating to housing benefit, may require an appropriate person to supply to that authority or person relevant information, in the manner prescribed in regulation 5.
Circumstances for requiring information
3
1
A person is required to supply information in the following circumstances —
a
he is an appropriate person in relation to any dwelling in respect of which —
i
housing benefit is being paid to an appropriate person pursuant to regulation 93 or 94 of the Housing Benefit Regulations (circumstances in which payment is to be or may be made to a landlord) ; or
ii
a request has been made by an appropriate person or by the claimant for housing benefit to be so paid; and
b
the requirer serves upon that appropriate person, whether by post or otherwise, a written notice stating that the requirer —
i
suspects that there is or may be an impropriety in relation to a claim in respect of any dwelling wherever situate in relation to which he is an appropriate person; or
ii
is already investigating an allegation of impropriety in relation to that person.
2
Information required to be supplied under paragraph (1) shall be supplied to the requirer at the address specified in the notice.
Relevant information
4
1
The information the supplier is to supply to the requirer is that prescribed in paragraphs (2) and (3) (referred to in these Regulations as “the relevant information”).
2
For a supplier who falls within paragraph (4) or sub-section (2)(b) (“the landlord”), the information is —
a
where the landlord is a natural person —
i
his appropriate details;
ii
the relevant particulars of any residential property in which he has an interest; and
iii
the appropriate details of any body corporate, in which he is a major shareholder or of which he is a director and which has an interest in residential property;
b
where the landlord is a trustee, except a trustee of a charity, in addition to any information that he is required to supply in accordance with sub-paragraph (a) or (c), as the case may be, the relevant particulars of any residential property held by the trust of which he is a trustee and the name and address of any beneficiary under the trust or the objects of that trust, as the case may be;
c
where the landlord is a body corporate or otherwise not a natural person, other than a charity —
i
its appropriate details;
ii
the relevant particulars of any residential property in which it has an interest;
iii
the names and addresses of any directors of it;
iv
the appropriate details of any person —
aa
who owns 20 per cent. or more of it; or
bb
of whom it owns 20 per cent. or more; and
v
the names and addresses of its major shareholders.
d
where the landlord is a charity or is a recognised body the appropriate details relating to the landlord and particulars of the landlord’s registration as a charity.
3
For a supplier who falls within subsection (2)(c) or paragraph (5) (“the agent”), the information is —
a
the name and address of any person (“his principal”) —
i
to whom the agent has agreed to make payments in consequence of being entitled to receive relevant payments; or
ii
for whom the agent is acting on behalf of or in connection with any aspect of the management of a dwelling,
as the case may be;
b
the relevant particulars of any residential property in respect of which the agent —
i
has agreed to make payments in consequence of being entitled to receive relevant payments; or
ii
is acting on behalf of his principal in connection with any aspect of its management;
c
where the agent is a natural person —
i
the relevant particulars of any residential property in which he has an interest;
ii
the appropriate details of any body corporate or any person otherwise not a natural person, in which he is a major shareholder or of which he is a director and which has any interest in residential property; or
d
where the agent is a body corporate or other than a natural person —
i
the relevant particulars of any residential property in which it has an interest;
ii
the names and addresses of any directors of or major shareholders in the agent; and
iii
the appropriate details of any person —
aa
who owns 20 per cent. or more of the agent; or
bb
of whom the agent owns 20 per cent. or more.
4
A supplier falls within this paragraph (landlord receiving the rent), if he falls within subsection (2)(a), but does not fall within paragraph (5).
5
A supplier falls within this paragraph (agent receiving the rent), if he falls within subsection (2)(a) and has agreed to make payments, in consequence of being entitled to receive relevant payments, to a person falling within subsection (2)(b).
6
For the purposes of this regulation, except where the context otherwise requires —
“appropriate details” means the name of the person and (in the case of a company) its registered office and, in any case, the full postal address, including post code, of the principal place of business of that person and the telephone and facsimile numbers (if any) of that place;
“charity” means a charity which is registered under section 3 of the Charities Act 1993 and is not an exempt charity within the meaning of that Act;
“major shareholder” means, where a body corporate is a company limited by shares, any person holding one tenth or more of the issued shares in that company and, in any other case, all the owners of that body;
“recognised body” has the same meaning as in section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 ;
“relevant particulars” means the full postal address, including post code, and number of current lettings of or within that residential property and, if that property includes two or more dwellings, that address and the number of such lettings for each such dwelling;
“residential property” includes any premises, situated within the United Kingdom —
used or which has, within the last six months, been used; or
which may be used or is adapted for use,
as residential accommodation,
and other expressions used in this regulation and also in the Companies Act 1985 shall have the same meaning in this regulation as they have in that Act.
Manner of supply of information
5
1
Subject to the variations specified in paragraph (2), the relevant information shall be supplied in typewritten or printed form to the requirer, at the address specified in the notice, within 4 weeks of the service of the notice on the supplier.
2
At the request of the supplier and with the written agreement of the requirer, the relevant information shall be supplied —
a
in handwritten or electronic form; or
b
within 8 weeks of the service of the notice on the supplier.
Criminal offence
6
Any failure by the supplier to supply relevant information to the requirer as, when and how required under these Regulations shall be an offence under section 113 of the Act and there may be recovered from the supplier, on summary conviction for this offence, penalties not exceeding —
a
for any one offence, level 3 on the standard scale; or
b
for an offence of continuing any such failure after conviction, £40 for each day on which it is so continued.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,Department of Social Security
8th October 1997