text:
Citation and commencement
1
These Regulations may be cited as the Manufactured Interest (Tax) Regulations 1997 and shall come into force on 1st July 1997.
Interpretation
2
1
In these Regulations —
“manufactured interest” shall be construed in accordance with paragraph 3(1) of Schedule 23A ;
“recipient” in relation to a payment of manufactured interest means a person referred to in paragraph 3(5) of Schedule 23A who is a company.
2
References to a section or a Schedule, without more, are references to that section of, or that Schedule to, the Income and Corporation Taxes Act 1988.
Application of the Tax Acts to manufactured interest on which recipients are accountable for tax
3
1
Schedule 16 shall apply in relation to the collection of income tax on payments of manufactured interest to which paragraph (2) applies (“specified payments”) as if references in that Schedule, other than the reference in paragraph 5 of that Schedule, to relevant payments made by a company were references to specified payments.
2
The payments of manufactured interest specified in this paragraph are payments in relation to which the recipients are liable to account for income tax under paragraph 3(5) of Schedule 23A.
3
The recipient of a payment of manufactured interest to which paragraph (2) applies (or would apply but for regulation 4(1)) or, as the case may be, any person claiming title through or under him, shall be treated for the purposes of the Tax Acts as if the payment had borne income tax by deduction.
Liability for tax where the manufacturer receives the interest of which the manufactured interest is representative
4
1
The recipient of a payment of manufactured interest shall not be liable to account for income tax under paragraph 3(5) of Schedule 23A in any case where he shows that —
a
the interest manufacturer was entitled to payment of the interest of which the manufactured interest is representative either —
i
as the holder of the securities concerned, or
ii
directly or indirectly from a person from whom he acquired those securities, or to whom he transferred them, and who was so entitled as the holder of those securities, and
b
the amount of the payment of interest actually received by the interest manufacturer does not exceed the amount found by deducting from the gross amount of the interest such tax as would have been deducted if the payment of interest had been made to the recipient.
2
Where paragraph (1) applies the interest manufacturer shall be liable for tax, in respect of the payment of manufactured interest, in an amount equal to the amount (if any) of relief from United Kingdom tax to which, assuming him to have made a claim under arrangements having effect by virtue of section 788, the interest manufacturer is entitled in respect of the payment of interest received by him.
3
The amount of tax for which the interest manufacturer is liable shall be set against the amount of relief from United Kingdom tax to which, on the assumption made in paragraph (2), he is entitled as mentioned in that paragraph.
4
Where paragraph (1) does not apply by reason only of the fact that sub-paragraph (b) of that paragraph does not apply, the amount of income tax for which the recipient of the payment of manufactured interest shall be liable to account under paragraph 3(5) of Schedule 23A shall be reduced to an amount equal to the amount by which the amount of the payment of interest actually received by the interest manufacturer exceeds the amount found as mentioned in that sub-paragraph.
Roger Knapman
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 1997


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Cumbria College of Art and Design Further Education Corporation (Transfer to the Higher Education Sector) Order 1997 and shall come into force on 1st August 1997.
2
On the date on which this Order comes into force Cumbria College of Art and Design Further Education Corporation shall cease to be a further education corporation and shall become a higher education corporation.
Eric Forth
Minister of State,
Department for Education and Employment
10th January 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Amendment Order 1997 and shall come into force on 16th September 1997.
2
In this Order, “the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Order 1984 .
3
In this Order, references to “Table A” or “Table B” are references to Table A or Table B respectively of Schedule 1 to the principal Order and a reference to a numbered column in a Table, unless otherwise indicated, is a reference to the column bearing that number in Table A, or as the case may be, Table B.
Amendment of Schedule 1 to the principal Order
2
1
Schedule 1 to the principal Order (which specifies the class of medicinal products, other than products the subject of a product licence of right, on general sale by virtue of article 2(a) of the principal Order) is amended in accordance with the following provisions of this article.
2
In Table A (internal and external use) —
a
against the entry in column 1 for “Camphor”, there shall be substituted in column 4 for the entry “10mg (MD)”, the entry “20mg (MD)”;
b
in column 1 there are added —
i
in the entry for “Methionine, DL”, after the words “Methionine, DL”, the words “except when combined with Paracetamol”, and
ii
in the entry for “Paracetamol”, after the word “Paracetamol”, the words “except when combined with Methionine, DL”;
c
against the entry in column 1 for “Paracetamol” there are added —
i
in column 2 the entries “(3) 2.5 per cent (adults and persons aged 12 years and above)” and “(4) 2.4 per cent (persons under 12 years)”,
ii
in column 3 the entries “(3) liquid preparations” and “(4) liquid preparations”, and
iii
in column 4 the entry “(4) 480 mg (MD) 1920 mg (MDD)”; and
d
there are inserted in column 1 and, as the case may be, columns 2, 3 and 4, at the appropriate point in the alphabetical order of the entries as they appear in column 1, each of the entries set out in column 1 of Schedule 1 to this Order, together with the corresponding text in columns 2, 3 and 4 respectively of that Schedule.
3
In Table B (external use only), there are inserted in column 1 and, as the case may be, columns 2 and 3, at the appropriate point in the alphabetical order of the entries as they appear in column 1, each of the entries set out in column 1 of Schedule 2 to this Order, together with the corresponding text in columns 2 and 3 respectively of that Schedule.
Frank Dobson,
Secretary of State for Health
12th August 1997
Win Griffiths,
Parliamentary Under-Secretary of State, Welsh Office
20th August 1997
Sam Galbraith,
Parliamentary Under-Secretary of State, The Scottish Office
21st August 1997
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
D. C. Gowdy,
Permanent Secretary
21st August 1997.


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit (General) Amendment Regulations 1997 and shall come into force on 7th April 1997.
Amendment of regulation 51 of the Housing Benefit (General) Regulations 1987
2
In regulation 51(2)(a) of the Housing Benefit (General) Regulations 1987 (eligible rent of students), after the words “income support” there shall be inserted the words “or an income-based jobseeker’s allowance”.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
4th March 1997


text:
Citation and commencement
1
This Order may be cited as the Mersey Regional Ambulance Service National Health Service Trust (Establishment) Amendment Order 1997 and shall come into force on 1st December 1997.
Amendment of NHS trust Establishment Order
2
In Article 4 of the Mersey Regional Ambulance Service National Health Service Trust (Establishment) Order 1991 for “5 non-executive” there shall be substituted “4 non-executive” and for “5 executive” there shall be substituted “4 executive”.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
11th November 1997


text:
Citation, commencement and introduction
1
This Order may be cited as the London Cab Order 1997 and shall come into force on 26th April 1997.
2
The London Cab Order 1934 shall be amended in accordance with the following provisions of this Order.
Scale of fares
3
For paragraph 40 (scales of fares excluding extras) there shall be substituted the following —
40
1
Subject to sub-paragraph (2) below, the fare payable for the hiring of a motor cab shall be according to the following scale —
a
a hiring charge of £1.00, and
b
in respect of any part of the hiring during which the cab travels at a speed exceeding 10.01 miles an hour, at the rate of 20p for 241.5 metres or, if the fare shown on the taximeter is £9.00 or more, at the rate of 20p for 161 metres, and
c
in respect of any part of the hiring during which the cab is stationary or travels at a speed not exceeding 10.01 miles an hour, at a rate of 20p for 54 seconds or, if the fare shown on the taximeter is £9.00 or more, at the rate of 20p for 36 seconds.
2
In any case where the sum arrived at in accordance with sub-paragraph (1) above —
a
is less than £1.40, the fare payable shall be £1.40; or
b
exceeds £1.40 but is not a multiple of 20p, the fare payable shall be the sum so arrived at rounded up to the next highest multiple of 20p
.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
20th March 1997


text:
1
This Order may be cited as the Authorised Unit Trusts (Interest Distributions) (Qualifying Investments) Order 1997 and shall come into force on 25th February 1997.
2
Section 468L of the Income and Corporation Taxes Act 1988 shall be amended as follows.
3
In subsection (9) after paragraph (d) there shall be added the following paragraph —
e
qualifying shares in an open-ended investment company.
4
After subsection (12) there shall be inserted the following subsections —
12A
For the purposes of subsection (9) above shares in an open-ended investment company are qualifying shares at any time in the relevant period if, and only if, throughout that period the aggregate market value of those investments of the company falling within paragraphs (a) to (c) of that subsection exceeds 60 per cent. of the market value of all its investments.
12B
In subsection (12A) above references to investments of an open-ended investment company are references to investments comprised in the scheme property of that company, but do not include references to cash awaiting investment.
12C
In this section —
“collective investment scheme” has the meaning given by section 75 of the Financial Services Act 1986 ;
“open-ended investment company” means, subject to subsection (12D) below, an open-ended investment company within the meaning given by section 75(8) of the Financial Services Act 1986 which is incorporated in the United Kingdom;
“scheme property” of an open-ended investment company means, subject to subsection (12E)(b) below, the property subject to the collective investment scheme constituted by the company.
12D
Each of the parts of an umbrella company shall be regarded for the purposes of subsections (9) and (12A) above as an open-ended investment company and the umbrella company as a whole shall not be so regarded and shall not be regarded as a company.
12E
In relation to a part of an umbrella company —
a
references in subsections (12A) and (12B) above to investments of an open-ended investment company shall have effect as references to such of the investments as under the arrangements referred to in subsection (12F) below form part of the separate pool to which that part of the umbrella company relates;
b
the reference in subsection (12B) above to the scheme property of an open-ended investment company shall have effect as if it were a reference to such property subject to the collective investment scheme constituted by the umbrella company as is comprised in the separate pool to which that part of the umbrella company relates;
c
a person for the time being having rights in that part shall be regarded as the owner of shares in the open-ended investment company which that part is deemed to be by virtue of subsection (12D) above, and not as the owner of shares in the umbrella company itself.
12F
In subsections (12D) and (12E) above “umbrella company” means a company —
a
which falls within the definition of “open-ended investment company” in section 75(8) of the Financial Services Act 1986,
b
which is incorporated in the United Kingdom,
c
whose instrument of incorporation provides for arrangements for such pooling as is mentioned in section 75(3)(a) of that Act in relation to separate parts of the scheme property of the company, and
d
the owners of shares in which are entitled to exchange rights in one part for rights in another;
and any reference to a part of an umbrella company is a reference to such of the arrangements as relate to a separate pool.
12G
For the purposes of subsections (12E) and (12F) above, “owner of shares” in relation to an open-ended investment company means —
a
the beneficial owner of the shares, or
b
where the shares are held on trust (other than a bare trust), the trustees of the trust, or
c
where the shares are comprised in the estate of a deceased person, the deceased’s personal representatives.
Richard Ottaway
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd February 1997


text:
Commencement and citation
1
This Order may be cited as The A4 Trunk Road (Hillingdon) Red Route (Clearway) Traffic Order 1996 Variation Order 1997 and shall come into force on 17th October 1997.
Variation
2
The A4 Trunk Road (Hillingdon) Red Route (Clearway) Traffic Order 1996 is varied as provided by the following provisions of this Order.
3
In Schedule 2, item 5 is deleted and replaced with the following item —
The A4, Bath Road, the south side, between a point 5 metres west of the western boundary of the “Three Magpies” public house, and a point 37 metres east of that boundary.
.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
1st October 1997


text:
1
1
This Order may be cited as the New Town (Livingston) Dissolution Order 1997 and shall come into force on 31st March 1997.
2
In this Order, “Livingston Development Corporation” means the Livingston Development Corporation established by the New Town (Livingston) (Development Corporation) Order 1962 .
2
The Secretary of State hereby appoints 31st March 1997 as the date for the dissolution of Livingston Development Corporation.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
4th March 1997


text:
1
This Order may be cited as the Derbyshire (Coroners) Order 1997 and shall come into force on 1st April 1997.
2
1
There shall be a single coroner’s district, called the Derby and South Derbyshire Coroner’s District, for the County of Derby (which county comes into existence on 1st April 1997 by virtue of article 8(2) of the Derbyshire (City of Derby) (Structural Change) Order 1995 ) and for so much of the County of Derbyshire as is not included in the High Peak or Scarsdale Coroners’ Districts.
2
The Council of the County of Derbyshire shall be the relevant council within the meaning of section 1(1A) of the Coroners Act 1988 for the coroner’s district constituted by paragraph (1) above.
3
The person who, at 31st March 1997, is the coroner for the existing Derby and South Derbyshire Coroner’s District shall be deemed on 1st April 1997 to be appointed coroner for the coroner’s district constituted by paragraph (1) above.
4
Any person who, at 31st March 1997, is a deputy or assistant deputy coroner for the existing Derby and South Derbyshire Coroner’s District shall be deemed on 1st April 1997 to be appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above.
3
1
On 1st April 1997, any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for the existing Derby and South Derbyshire Coroner’s District shall be deemed to have been issued, made, given, begun or done by or to the coroner for the coroner’s district constituted by article 2(1) above.
2
All documents, exhibits, registers and other things in the custody of the coroner for the existing Derby and South Derbyshire Coroner’s District in connection with inquests or post-mortem investigations shall be transferred to the coroner for the coroner’s district constituted by article 2(1) above.
3
In this article “coroner” includes any deputy coroner or assistant deputy coroner.
Tom Sackville
Parliamentary Under Secretary of State
Home Office
21st February 1997


text:
Citation and commencement
1
These Regulations may be cited as the Police Pensions (Amendment) (No. 2) Regulations 1997 and shall come into force on 29th December 1997.
Amendment of the Police Pensions Regulations 1987
2
The Police Pensions Regulations 1987 shall be amended in accordance with the following provisions of these Regulations, and any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in those Regulations.
Mis-sold pensions
3
After regulation F10 there shall be inserted the following regulation:
Mis-sold pensions
F11
1
This regulation shall apply to a regular policeman who —
a
opted or transferred out; and
b
has suffered loss as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986 (actions for damages in respect of contravention of rules etc. made under the Act) .
2
A regular policeman to whom this regulation applies may give notice in writing to the police authority that he wishes the authority to accept payment of a transfer value in order to create or restore reckonable service, and such notice shall be treated as cancelling, with effect from the date on which an instalment of pay next falls due to him, any election that is in force under regulation G4(1) in respect of that policeman.
3
Where a regular policeman has given notice under paragraph (2), but before the payment has been accepted and reckonable service created or restored he either —
a
dies while serving as a member of a police force; or
b
becomes entitled to benefits under Part B,
paragraph (4) shall continue to apply in the case of that policeman.
4
Where a transfer value in relation to a regular policeman who has given notice under paragraph (2) is paid to a police authority before the expiry of the period of twelve months beginning with the date on which the policeman gives such notice or such longer period as the police authority may allow, the police authority —
a
shall, if satisfied that the transfer value has been calculated in a manner consistent with the methods adopted and assumptions made by them in determining the restitution payment, accept the payment and treat the relevant period as reckonable service; and
b
may, if not so satisfied, but if satisfied that the transfer value represents, by reference to those methods and assumptions, a length of service not exceeding the relevant period, accept the payment and treat that length of service as reckonable service,
and the policeman shall be treated for the purpose of calculating any award under these regulations as having made pension contributions throughout the period of reckonable service credited under this paragraph.
5
Where a regular policeman is credited under paragraph (4) with a period of reckonable service that is shorter than the relevant period, the period of service credited shall be treated for the purpose of any award under these regulations as being a continuous period with the same concluding date as the relevant period.
6
Where a regular policeman who is being credited under paragraph (4) with a period of reckonable service has previously been credited with an additional period of reckonable service calculated in accordance with section 2 of Part IV of Schedule F (calculation of transfer values and reckonable service by reference to accrued rights) in respect of the relevant period, the police authority may adjust the transfer value that they accept under this regulation to ensure that no part of the additional period of reckonable service that was previously credited is included in the period of reckonable service credited under paragraph (4).
7
In this regulation —
“the assumed calculation date” means the date on which it is assumed, for the purpose of calculating a restitution payment, that a transfer value will be paid to the police authority;
“the material date” means the date on which the police authority is asked to provide the calculation of the restitution payment;
“personal pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 ;
“the relevant period”, in relation to a regular policeman, means the total of any periods of opted out and transferred out service;
“restitution payment”, in relation to a regular policeman, means an amount equal to the sum of —
the capitalised value at the material date, determined by the police authority in accordance with methods and assumptions notified to them by the Government Actuary for cash equivalent transfer values from occupational pension schemes (other than arrangements of a kind mentioned in paragraph 1(2) of section 2 of Part II of Schedule F), which would produce a service credit equal to his total period of opted out service, including the capitalised value of any rights under the Pensions (Increase) Act 1971 and the Pensions (Increase) Act 1974 ; and
the greater of —
any transfer value paid to a personal pension scheme in respect of that policeman’s transferred out service by a police authority under regulation F10(4), increased by interest calculated at a rate approved by the Government Actuary over the period from the date of payment of that transfer value to the assumed calculation date; and
the cash equivalent transfer value that would be payable by the police authority in respect of that transferred out service if the police authority were to pay a cash equivalent transfer value in respect of that service determined in accordance with methods and assumptions, notified to them by the Government Actuary, applicable immediately after the assumed calculation date.
8
For the purposes of this regulation, a regular policeman shall be taken —
a
to have opted out if, for any period during which he is a member of a police force, he does not make contributions (including any additional or further contributions that he had previously elected to make) in respect of police pension rights but instead makes contributions to a personal pension scheme; and
b
to have transferred out if a transfer value is paid in respect of him by a police authority to a personal pension scheme,
and “opted out service” and “transferred out service” are to be construed accordingly.
.
Removal of restrictions on rejoining
4
In regulation G4 —
a
in paragraph (5) there shall be inserted at the beginning the words “Subject to paragraph (6),”; and
b
the following paragraph shall be inserted after paragraph (5):
6
The age restriction in paragraph (5) and the provisos to that paragraph shall not apply to a regular policeman to whom regulation F11 applies.
.
Alun Michael
Minister of State
Home Office
27th November 1997
We consent
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
1st December 1997


text:
Citation and commencement
1
These Regulations may be cited as the Community Bus (Amendment) Regulations 1997 and shall come into force on 1st January 1998.
Amendment of conditions to be fulfilled by driver of bus
2
In regulation 3(3) of the Community Bus Regulations 1986 , for paragraphs (b) and (c) there shall be substituted —
b
has held such a licence for a period of, or periods amounting in aggregate to, not less than 2 years,
c
is 21 years of age or over, and
d
if he is 70 years of age or over, is not suffering from a relevant disability in respect of which the Secretary of State would be bound to refuse to grant him a licence authorising the driving of a class of vehicles in sub-category D1
.
Signed by authority of the Secretary of State for Transport
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
8th December 1997


text:
1
1
These Regulations may be cited as the Representation of the People (Amendment) Regulations 1997.
2
These Regulations do not extend to Scotland or Northern Ireland.
2
1
These Regulations, except regulation 4, shall come into force on the expiry of seven days after the day on which they are made but regulation 5 shall not apply to an election where the last day by which the notice of election must be published precedes the coming into force of these Regulations.
2
Regulation 4 below shall come into force on the expiry of three months after the day on which these Regulations are made but that regulation shall not apply to an application for an absent vote which is received by the registration officer before the coming into force of that regulation.
3
In these Regulations, “the Regulations of 1986” mean the Representation of the People Regulations 1986 .
4
1
Regulation 64 of the Regulations of 1986 (application for absent vote on grounds of physical incapacity) shall be amended as follows.
2
For paragraph (2)(b) there shall be substituted the following sub-paragraph —
b
a registered nurse within the meaning of section 10(7) of the Nurses, Midwives and Health Visitors Act 1979 ;
.
3
In sub-paragraphs (d) and (f) of paragraph (2), the word “by” shall in each case be omitted.
4
In sub-paragraph (e) of paragraph (2), the word “by” shall be omitted in the second place where it occurs.
5
At the end of paragraph (2), there shall be added —
Provided that a person may not attest an application under section 6(2)(b) of the Act of 1985 by virtue of sub-paragraphs (a), (b) or (c) above unless he is treating the applicant for the physical incapacity specified in accordance with paragraph (1) above or the applicant is receiving care from him in respect of that incapacity.
6
At the end of paragraph (3)(a), there shall be added —
and, where the person attests the application by virtue of sub-paragraph (a), (b) or (c) of paragraph (2) above, that he is treating the applicant for the physical incapacity specified in accordance with paragraph (1) above or the applicant is receiving care from him in respect of that incapacity.
5
In regulations 66 (additional requirements for applications in respect of a particular election) and 69 (closing dates for applications) of the Regulations of 1986 —
a
in paragraph (2)(a) of regulation 66 and paragraphs (1), (2) and (5) of regulation 69 , for the words “noon on the thirteenth day” there shall in each case be substituted the words “5 p.m. on the eleventh day”; and
b
in paragraph (2)(a) of regulation 66 and paragraph (3) of regulation 69 , for the words “noon on the sixth day” there shall in each case be substituted the words “5 p.m. on the sixth day”.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
16th March 1997


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Lewisham) Red Route Experimental Traffic Order 1997, and shall come into force on 29th August 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 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 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;
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.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Lewisham (Waiting and Loading Restriction) Consolidation Order 1990 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Lewisham (Waiting and Loading Restriction) Consolidation Order 1990 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
TRO 268
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
18th August 1997


text:
Citation, commencement and application
1
1
This Order may be cited as the Buckinghamshire County Council (Borough of Milton Keynes) (Staff Transfer) Order 1997 and shall come into force on 1st April 1997.
2
This Order makes provisions which are consequential or supplementary to the Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995 .
Interpretation
2
In this Order
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“designated list” means the list marked “The Buckinghamshire County Council (Borough of Milton Keynes) (Staff Transfer) Order 1997 Designated List” which is signed by the Secretary of State for the Environment, one copy of which is deposited with the Milton Keynes Borough Council, one copy with the Buckinghamshire County Council and one in the offices of the Secretary of State for the Environment;
“employee” means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1997, but does not include a person whose employment is on a temporary basis and who on 31st March 1997 has had a continuous period of employment (when calculated in accordance with sections 210 to 219 of the Employment Rights Act 1996 ) of less than two years.
Transfer of staff
3
1
This article shall apply to any employee (a “designated employee”) —
a
who immediately before 1st April 1997 (“the reorganisation date”) was employed by the Buckinghamshire County Council;
b
whose employment would continue but for the transfer of functions to the Borough of Milton Keynes; and
c
whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect as if originally made between that employee and the Milton Keynes Borough Council.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
24th February 1997


text:
1
These Regulations may be cited as the Merchant Shipping (Official Log Books for Merchant Ships and Fishing Vessels) (Amendment) Regulations 1997 and shall come into force on 11th July 1997.
2
In the Schedule to the Merchant Shipping (Official Log Books) Regulations 1981 , paragraphs 17, 19 and 33 shall be omitted.
3
In the Schedule to the Merchant Shipping (Official Log Books) (Fishing Vessels) Regulations 1981 , paragraph 27 shall be omitted.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under-Secretary of State,
Department of Transport
7th June 1997


text:
Citation and commencement
1
These Regulations may be cited as the Knives (Forfeited Property) Regulations 1997 and shall come into force on 1st September 1997.
Interpretation
2
In these Regulations,
“museum or similar institution” means any institution which has as its purpose, or one of its purposes, the preservation and display of material of historical, aesthetic or technical interest to which the public are given access.
“the relevant authority” means
in relation to a police area in England and Wales listed in Schedule 1 to the Police Act 1996 or the City of London police area, the police authority (within the meaning of that Act);
in relation to the metropolitan police district, the Receiver for the Metropolitan Police District;
in relation to Scotland, a police authority (within the meaning given by section 2(1), as read with section 19(9)(a), of the Police (Scotland) Act 1967 ) for the area for which the police force is maintained;
“the 1997 Act ” means the Knives Act 1997.
Property to which Regulations apply
3
1
Subject to paragraph (2) below, these Regulations apply to property which is in the possession of the police by virtue of a forfeiture order under section 6 of the 1997 Act and in respect of which —
a
no application under section 7(3) of the 1997 Act has been made before the end of the period of 6 months beginning with the date on which the forfeiture order was made; or
b
no such application has succeeded.
2
Where, within the period specified in paragraph (1) above, an application by a claimant of the property has been made under section 7(3) of the 1997 Act or the person upon whose conviction the court ordered the forfeiture of the property under section 6 of that Act has appealed against the conviction or sentence, these Regulations shall not apply to the property until that application or appeal has been determined.
Disposal of property
4
1
Subject to paragraph (2) below, property to which these Regulations apply shall be destroyed.
2
Where the relevant authority are satisfied that property to which these Regulations apply which would otherwise fall to be destroyed is of particular rarity, aesthetic quality or technical or historical interest, they may, instead of arranging for its destruction, give or sell it to a museum or similar institution.
3
The proceeds of disposals under these Regulations (if any) shall be paid to the relevant authority and
a
in relation to authorities in England and Wales shall be subject to the regulations governing the application of the proceeds of sale of property made under section 2 of the Police (Property) Act 1897 ; and
b
in relation to authorities in Scotland shall vest in the relevant authority.
Alun Michael
Minister of State
Home Office
25th July 1997


text:
Commencement and citation
1
This Order may be cited as The A1 Trunk Road (Islington High Street) Red Route (Prohibited Turn) Traffic Order 1997, and shall come into force on 5th December 1997.
Prohibited turn
2
Subject to the provisions of article 3 below, no person shall cause or permit a vehicle proceeding north in Islington High Street in the London Borough of Islington, on arriving at the junction with Liverpool Road, to turn south into Islington High Street.
3
Nothing in article 2 above shall apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
TRO 271
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
21st November 1997


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
This Order, which may be cited as the Housing Benefit and Council Tax Benefit (Subsidy) Order 1997, shall come into force on the 21st day after the day on which it is laid before Parliament.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Social Security Administration Act 1992;
“new authority” means
in England, a successor authority as defined in paragraph (1) of regulation 2 of the Local Government Changes for England (Housing Benefit and Council Tax Benefit) Regulations 1995 whose reorganisation date, as defined in that paragraph, was 1st April 1996;
in Wales, an authority constituted under sections 20 and 21 of the Local Government Act 1972 , and
in Scotland, an authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
“period overrun” has the meaning assigned to it by paragraph 1 of Schedule 4;
“relevant year” means the year ending 31st March 1997;
“the 1991 Order ” means the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 ;
“the 1992 Order ” means the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992 ;
“the 1993 Order ” means the Housing Benefit and Community Charge Benefit (Subsidy) (No.2) Order 1993 ;
“the 1994 Order ” means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1994 ;
“the 1995 Order ” means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1995 , and
“the 1996 Order ” means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1996 .
3
In this Order, a reference to a numbered article or Schedule is to the article in, or Schedule to, this Order bearing that number and, unless the context otherwise requires, a reference in an article or a Schedule to a numbered paragraph or Part is to the paragraph or Part, as the case may be, bearing that number in that article or that Schedule 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.
PART II
HOUSING BENEFIT SUBSIDY
Interpretation of Part II
2
1
In this Part of this Order, unless the context otherwise requires —
“allowance” means a rent allowance;
“authority” means a housing or, as the case may be, local authority;
“board and lodging accommodation” means —
accommodation provided for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which are both cooked or prepared and consumed in that accommodation or associated premises; or
accommodation provided in a hotel, guest house, lodging house or some similar establishment,
but it does not include accommodation in a residential care home or nursing home within the meaning of regulation 19(3) of the Income Support (General) Regulations 1987 nor in a hostel within the meaning of regulation 12A of the Housing Benefit Regulations ;
“housing benefit subsidy” means subsidy under section 135(1) of the Act (rate rebate, rent rebate and allowance subsidy payable) and under section 30(1A) of the Social Security Act 1986 ;
“rebate” means a rent rebate excluding, in the case of England and Wales, any Housing Revenue Account rebates ;
“scheme” means the housing benefit scheme as defined in section 123 of the Social Security Contributions and Benefits Act 1992 ;
“Scottish corporation” means a development corporation within the meaning ascribed to that term in section 2 of the New Towns (Scotland) Act 1968 or Scottish Homes;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Rent Officers Order ” means the Rent Officers (Additional Functions) Order 1995 or the Rent Officers (Additional Functions) (Scotland) Order 1995 , as the case may be;
“the Rent Officers Order 1990 ” means the Rent Officers (Additional Functions) Order 1990 or the Rent Officers (Additional Functions) (Scotland) Order 1990 , as the case may be;
and other expressions used in this Part of this Order and in the Housing Benefit Regulations shall have the same meanings in this Order as in those Regulations.
2
In this Part of this Order —
“housing benefit qualifying expenditure” means the total of rebates and allowances, including any payments under regulation 91 of the Housing Benefit Regulations (payments on account of a rent allowance) and any extended payments, lawfully granted by the authority during the relevant year, less —
the deduction, if any, calculated for that authority in article 6;
any allowances to which paragraph (5) of article 8 or paragraph 7 of Schedule 6, as the case may be, apply;
any rebates to which paragraph (4) of article 9 applies;
the deductions specified in article 11, and
where, under subsection (8) of section 134 of the Act (arrangements for housing benefit), the authority has modified any part of the scheme administered by it, any amount by which the total of the rebates or allowances which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had not been so modified.
Amount of housing benefit subsidy
3
The amount of an authority’s housing benefit subsidy for the relevant year —
a
for the purposes of section 135(2) of the Act (subsidy in respect of rebates or allowances) shall be the amount or total of the amounts calculated in accordance with article 4;
b
for the purposes of section 135(5) of the Act (subsidy in respect of the costs of administering housing benefit) may include an additional sum in respect of the costs of administering housing benefit calculated in accordance with Schedules 1 and 2.
Rebates and allowances
4
1
Subject to any adjustment in accordance with paragraph (3), for the purposes of section 135(2) of the Act, an authority’s housing benefit subsidy for the relevant year shall, subject to paragraph (2), be —
a
in the case of an authority to which none of articles 5, 7, 8 and 9(1) to (3) apply, 95 per cent. of its housing benefit qualifying expenditure;
b
in the case of any authority to which at least one of those articles applies an amount equal to the aggregate of —
i
95 per cent. of so much of its housing benefit qualifying expenditure as remains after deducting from total qualifying expenditure the amount of expenditure attributable to the rebates or allowances to which each of those articles which is relevant applies; and
ii
the appropriate amount calculated in respect of the rebates or allowances under each such article,
plus, in each case, the additions, where applicable, under articles 9(5), 10 and 13(2), but subject, in each case, to the deductions, where applicable, under articles 12 and 13(3).
2
Where the authority is a Scottish corporation, its housing benefit subsidy for the relevant year shall include a further sum being —
a
in the case of an authority to which sub-paragraph (a) of paragraph (1) applies, 5.5 per cent. of its housing benefit qualifying expenditure, but subject to the relevant maximum specified in column (2) of Schedule 3; or
b
in the case of an authority to which sub-paragraph (b) of paragraph (1) applies, 5.5 per cent. of so much of its housing benefit qualifying expenditure as remains after the deductions set out in paragraph (1)(b)(i), but subject to the relevant maximum specified in column (2) of Schedule 3.
3
Where, during the relevant year there is a period overrun in respect of either rebates or allowances, or both, then the housing benefit subsidy for the authority for that year shall be adjusted by the deduction from the subsidy otherwise due under this article of —
a
an amount equal to the percentage, as calculated in accordance with paragraph 2 of Schedule 4, of that part of the housing benefit qualifying expenditure for that authority attributable to expenditure in respect of allowances to the extent that the overrun relates to allowances; and
b
an amount equal to the percentage, as calculated in accordance with paragraph 3 of Schedule 4, of that part of the housing benefit qualifying expenditure for that authority attributable to expenditure in respect of rebates to the extent that the overrun relates to rebates.
Backdated benefit
5
1
Subject to paragraph (2), where —
a
during the relevant year an authority has, under paragraph (15) of regulation 72 of the Housing Benefit Regulations (time and manner of claiming) , treated any claim as made on a day earlier than that on which it is made (“backdated”); and
b
any part of that authority’s housing benefit qualifying expenditure is attributable to such earlier period,
for the purposes of article 4(1)(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 50 per cent. of the housing benefit qualifying expenditure so attributable.
2
This article shall not apply in a case —
a
to which article 10(1)(b)(ii) applies; or
b
where —
i
the person claiming fell within regulation 7A(4)(g) of the Housing Benefit Regulations (certain persons from abroad) ;
ii
he made that claim on or after 21st June 1996, but before 24th July 1996, and
iii
an authority has backdated that claim.
Disproportionate rent increase
6
1
Except where paragraph (5), (6) or (7) applies, in the case of an authority in Scotland, where the average rent increase differential, as calculated in accordance with paragraph (2), for such an authority has a value greater than zero, the deduction from housing benefit qualifying expenditure specified in article 2(2)(a) shall be that proportion of the sum calculated for that authority in accordance with paragraph (4).
2
a
Subject to sub-paragraph (b), the average rent increase differential for each appropriate authority shall be calculated by applying the formula —
( 1 + A ) × B C × D E - 1
where
A, B, C, D and E each has the value determined in accordance with paragraph (3).
b
In the case of a new authority to which paragraph (5), as modified by paragraph (6), does not apply, the average rent increase differential for each such authority shall be calculated by applying the formula in sub-paragraph (a) except that, for the purposes of this sub-paragraph, the value of A shall be determined by multiplying F x G in relation to each predecessor authority of that new authority and then adding together the sum of that multiplication in relation to each such predecessor authority.
3
For the purposes of paragraph (2) —
a
subject to paragraph (2)(b), the value of A shall be the proportion calculated for that authority pursuant to paragraphs (3) and (4) of article 6 of the 1996 Order;
b
the value of B shall be the average rent charged by the authority in respect of Category 1 dwellings on the final date;
c
the value of C shall be the average rent charged by the authority in respect of Category 1 dwellings on the initial date;
d
the value of D shall be the average rent charged by the authority in respect of Category 2 dwellings on the initial date;
e
the value of E shall be the average rent charged by the authority in respect of Category 2 dwellings on the final date;
f
the value of F shall be the proportion calculated for a predecessor authority pursuant to paragraphs (3) and (4) of article 6 of the 1996 Order, and
g
the value of G shall be the proportion of the new authority’s housing stock which was previously the stock (or part thereof) of that predecessor authority.
4
The sum referred to in paragraph (1) shall be that part of housing benefit qualifying expenditure attributable to rebates granted during the relevant year before any deduction by reason of this article but less any part of such expenditure to which article 4(1)(b)(ii) applies.
5
This article shall not apply in the case of an authority —
a
which has —
i
set the rent for the relevant year according to the type, condition, class or description of the dwellings and the services, facilities or rights provided to the tenants, where that rent is reasonable having regard to those matters;
ii
not taken account of whether a tenant was a beneficiary when setting rents for the relevant year, and
iii
not let dwellings, either in the relevant year or in either of the two previous years, to beneficiaries irrespective of their housing needs;
or
b
where —
i
any increases in rent between the initial date and 1st April 1997 were of the same percentage and applied on the same day to all tenants irrespective of whether they were beneficiaries, and
ii
the average rent increase differential calculated in accordance with article 6 of the 1996 Order for that authority had a value which was zero or less than zero.
6
In relation to a new authority, this article shall be modified so that
“initial date” means 1st April 1996 and in paragraph (5) —
at the beginning there shall be inserted the words “Provided that where the average rent increase differential calculated in accordance with article 6 of the 1996 Order for each predecessor authority had a value which was zero or less than zero,”;
in sub-paragraph (a)(iii) for “, either in the relevant year or in either of the two previous years,” there shall be substituted the words “in the relevant year”; and
in sub-paragraph (b) head (ii) shall be omitted.
7
This article shall also not apply in a case to which article 9 applies.
8
In this article (and, in the case of the definition of “beneficiary”, also in article 11(2)) —
“average” means the arithmetic mean;
“beneficiary” means a person who is entitled or likely to become entitled to a rebate;
“Category 1 dwellings” means dwellings rented out by the authority on both the initial date and the final date in respect of which, on the final date, the persons liable to pay such rent were in receipt of rebates;
“Category 2 dwellings” means dwellings rented out by the authority on both the initial date and the final date in respect of which, on the final date, the persons liable to pay such rent were not in receipt of rebates;
“final date” means the 31st March 1997;
“initial date” means the 31st March 1996;
“predecessor authority” means, in the case of a new authority, any authority which, before 1st April 1996, administered rent rebates in that new authority’s area, and
“rent” means either —
the payments specified in sub-paragraphs (a) to (j) in paragraph (1) of regulation 10 of the Housing Benefit Regulations (rent) ; or
the eligible rent,
as the authority may determine, provided that wherever the expression “rent” occurs in paragraph (3) it has the same meaning throughout in relation to that authority.
Treatment of high rents
7
1
Except in a case to which paragraph (2) applies, this article applies in a rent allowance case where the dwelling is an excluded tenancy by virtue of paragraph 1 and any of paragraphs 5 to 9 of Schedule 1A to the Housing Benefit Regulations (excluded tenancies).
2
This article does not apply in a case where —
a
i
a rent is registered in respect of a dwelling under Part IV, V or VI of the Rent Act 1977 or Part V, VI or VII of the Rent (Scotland) Act 1984 ; or
ii
an application has been made for such registration as is mentioned in head (i) above, but no such registration has been made because the rent officer or rent assessment committee, as the case may be, are satisfied that the rent is at or below the fair rent level; or
b
the relevant tenancy is one to which, before 15th January 1989, the provisions of sections 56 to 58 of the Housing Act 1980 (assured tenancies) applied; or
c
the relevant dwelling is situated within the area of a housing action trust established under Part III of the Housing Act 1988 (Housing Action Trust Areas) ; or
d
the dwelling is an excluded tenancy by virtue of paragraph 3 or 10 of Schedule 1A to the Housing Benefit Regulations (excluded tenancies).
3
Where this article applies and any part of the housing benefit qualifying expenditure of an authority, whose area is or lies within an area identified in column (1) of Schedule 5, is attributable to any allowance granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that area in column (2) of that Schedule, for the purposes of article 4(1)(b)(ii), the appropriate amount in respect of that allowance shall be calculated in accordance with paragraph (4).
4
Where paragraph (3) applies and —
a
the allowance granted is the same as or is less than the excess of eligible rent over the threshold, the appropriate amount shall be 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such allowance;
b
the allowance granted is greater than the excess of the eligible rent over the threshold, the appropriate amount shall be 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such allowance which is equal to the excess, and 95 per cent. of that part of the housing benefit qualifying expenditure attributable to the balance.
Rent officers' determinations
8
1
Where this article applies, the appropriate amount, for the purposes of article 4(1)(b)(ii), shall be calculated in accordance with Schedule 6.
2
Except in a case to which article 5 applies and subject to paragraphs (6), (7) and (8), this article applies where —
a
an authority applies to a rent officer for a determination to be made under the Rent Officers Order in relation to a dwelling; and
b
the officer makes a determination under that Order.
3
This article also applies in a case where —
a
the dwelling (A) is in a hostel; and
b
by virtue of regulation 12A(2) of the Housing Benefit Regulations (exemptions from requirement to refer to rent officers) an application for a determination in respect of that dwelling (A) is not required because the dwelling is regarded as similar to another dwelling (B) in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling (B) shall, for the purposes of this article, be treated as if it were a determination in respect of dwelling(A).
4
This article also applies where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of paragraph 2 of Schedule 1A to the Housing Benefit Regulations (excluded tenancies) a new determination is not required in respect of another tenancy of the dwelling, and in such a case the determination made shall, for the purposes of this article, be treated as if it were a determination made in respect of that tenancy.
5
This article also applies in a case where an authority is required, under regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officer), to apply for a determination in relation to a dwelling during the relevant year which a rent officer would be required to make, but the authority fails to apply for that determination, and, in such a case, except where paragraph (3) applies, any allowance granted shall, subject to article 11(4), be deducted from housing benefit qualifying expenditure pursuant to article 2(2)(b).
6
Where a determination as to the rent which a landlord might reasonably be expected to obtain in respect of a dwelling was made, prior to 2nd October 1995, by a rent assessment committee following a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order 1990, this article shall cease to apply in so far as —
a
regulation 7 of the Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995 (transitional provision) applies with respect to the rent assessment committee’s determination; and
b
that rent assessment committee’s determination relates to a determination made by a rent officer under that paragraph of that Schedule,
from the date on which the rent assessment committee’s determination takes effect.
7
Where —
a
a determination under paragraph 1 of Schedule 1 to the Rent Officers Order 1990 has been made by the rent officer, and
b
an application is made to the rent assessment committee and a determination to which paragraph (6)(b) refers is made by that committee prior to 2nd October 1995, and, had that application been made before the reference to the rent officer which led to that determination, the rent officer would, in accordance with article 5(2) of the Rent Officers Order 1990 , not have made such a determination,
this article shall cease to apply in so far as —
i
regulation 7 of the Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995 (transitional provision) applies with respect to that rent assessment committee’s determination; and
ii
that rent assessment committee’s determination relates to a determination under paragraph 1 of Schedule 1 to the Rent Officers Order 1990.
8
Except in a case to which paragraph (9), (10) or (11) applies, this article shall not apply where a maximum rent has been determined.
9
In a case where a maximum rent has been determined by reference to a reckonable rent and a local reference rent, the appropriate amount shall be calculated in accordance with paragraph 11 of Schedule 6.
10
In a case where, prior to the determination of a maximum rent, a payment was made pursuant to regulation 91 (payment on account) of the Housing Benefit Regulations , the appropriate amount shall be calculated in accordance with paragraph 6 of Schedule 6.
11
In a case to which regulation 11(9) (maximum rent) of the Housing Benefit Regulations applies, the appropriate amount shall be calculated in accordance with paragraph 12 of Schedule 6.
Additions in respect of homeless and short lease rebates
9
1
Subject to paragraphs (4) and (5), where paragraph (3) applies, and any part of the housing benefit qualifying expenditure of an authority identified in column (1) of Schedule 7 attributable to any rebate granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that authority in column (2) of that Schedule, then for the purposes of article 4(1)(b)(ii), the appropriate amount in respect of that rebate shall be calculated in accordance with paragraph (2).
2
Where paragraph (1) applies —
a
if the rebate granted is the same as or is less than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such rebates;
b
if the rebate granted is greater than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such rebates which is equal to the excess and 95 per cent. of the housing benefit qualifying expenditure attributable to the balance after deducting that excess.
3
This paragraph applies where a rebate is payable by an authority in respect of rents which exceed the threshold and —
a
a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985 , section 206 of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987 , as the case may be, for board and lodging accommodation made available to that person;
b
a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985, section 206 of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987, as the case may be, for accommodation, which the authority holds on a licence agreement from a landlord, made available to that person;
c
a person is required to pay to an authority for accommodation outside the Housing Revenue Account, which the authority holds on a lease granted for a term not exceeding 3 years, made available to that person.
4
Where, in Scotland —
a
a person is required to pay to an authority for accommodation within the Housing Revenue Account which the authority holds on a lease granted for a term not exceeding 3 years, made available to that person, and
b
an authority identified in column (1) of Schedule 7 has granted any rebate in respect of such payments,
the amount of any such rebate shall, subject to article 11(4), be deducted from housing benefit qualifying expenditure, pursuant to article 2(2)(c), and the addition, if any, in respect of such rebates, referred to in article 4(1), shall be calculated in accordance with paragraph (5).
5
Where paragraph (4) applies —
a
if the rebate granted is in respect of a person whose weekly eligible rent does not exceed the threshold specified in relation to that authority in column (2) of Schedule 7 (“the relevant threshold”), then the addition shall be 95 per cent. of that rebate;
b
if the rebate granted is the same as or is less than the amount by which the eligible rent exceeds the relevant threshold, there shall be no addition, and
c
if the rebate granted is greater than the amount by which the eligible rent exceeds the threshold, there shall be no addition in respect of such part of such rebate which is equal to the excess, but there shall be an addition of 95 per cent. of that part of such rebate attributable to the balance after deducting that excess.
Further additions to housing benefit subsidy
10
1
Subject to paragraphs (8) and (9), the additions referred to in article 4(1) are —
a
where following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, an authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent. of the amount of the duplicate payments;
b
subject to paragraphs (2) and (3), where, during the relevant year, it is discovered that an overpayment of rebate or allowance has been made and an amount is to be deducted under article 11 in relation to that overpayment, an amount equal to —
i
in the case of an overpayment caused by departmental error, 95 per cent. of so much of the overpayment as has not been recovered by the authority;
ii
in the case of a fraudulent overpayment 95 per cent. of the overpayment; or
iii
except where head (i) or (ii) above applies, 25 per cent. of the overpayment;
c
where, during the relevant year, it is discovered that an overpayment in respect of which a deduction was made under article 11 of the 1994 Order, 1995 Order or the 1996 Order (other than a deduction under article 11(1)(g) of the 1994 Order or 11(1)(f) of the 1995 or 1996 Orders) was a fraudulent overpayment the difference, if any, between 95 per cent. of any such overpayment and the amount of any housing benefit subsidy that has been paid to that authority in respect of that overpayment;
d
in the case of an authority identified in column (1) of Schedule 8 the sum specified in relation to that authority in column (2) of that Schedule.
2
The amount under paragraph (1)(b) shall not include an amount in relation to —
a
an overpayment caused by an error of the authority making the payment, or
b
any technical overpayment.
3
Where an overpayment is caused by departmental error, but some or all of that overpayment is recovered by the appropriate authority, no addition shall be applicable to the authority in respect of the amount so recovered.
4
In paragraphs (1)(b)(i) and (3) and in article 11(1)(e) “overpayment caused by departmental error” means an overpayment caused by a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department for Education and Employment, acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with sections 38(1), 40(1), 51(1) and 52(1) of the Act (appointment of adjudication officers, chairmen and members of social security appeal tribunals and Commissioners) where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.
5
In paragraph (1)(b)(ii) and (c), in article 11(1)(f) and in paragraph 1 of Schedule 9 “fraudulent overpayment” means an overpayment in respect of a period falling wholly or partly after 31st March 1993 and which —
a
is so classified by an officer of the authority, designated for that purpose by the authority, after that date; and
b
occurs as a result of the payment of a rebate or allowance arising in consequence of —
i
a breach of section 112 of the Act (false representations for obtaining benefit), or
ii
knowingly failing to report a relevant change of circumstances, contrary to the requirements of regulation 75 of the Housing Benefit Regulations (duty to notify change of circumstances), with intent to obtain or retain such a rebate or allowance for himself or another.
6
In paragraph (2)(a) “overpayment caused by an error of the authority making the payment” means an overpayment caused by a mistake made or something done or omitted to be done by that authority, where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.
7
In paragraph (2)(b) “technical overpayment” means that part of an overpayment which occurs as a result of a rebate being granted in advance and —
a
a change of circumstances reduces or eliminates entitlement to that rebate; or
b
the authority subsequently identifies a recoverable overpayment which does not arise from a change in circumstances,
but shall not include any part of that overpayment occurring before the benefit week following the week in which the change is disclosed to the authority or it identifies that overpayment.
8
Except for paragraphs (1)(b)(ii), (1)(c) and (5), this article shall not apply to that part of any rebate or allowance in respect of a case to which paragraph (15) of regulation 72 of the Housing Benefit Regulations (time and manner in which claims are to be made) applies.
9
Any reference in this article to an overpayment shall not include any rebate or allowances for any period overrun or other period immediately following expiry of the specified period determined under regulation 66 of the Housing Benefit Regulations except for so much of any rebate or allowance to which the claimant would not have been entitled had a claim for that period been duly made and determined.
Deductions to be made in calculating housing benefit subsidy in respect of rebates or allowances
11
1
The deductions referred to in article 2(2)(d) are, subject to paragraph (4), to be of the following amounts where —
a
subject to paragraphs (2) and (3), a tenant of an authority, who is in receipt of a rebate while continuing to occupy, or when entering into occupation of, a dwelling as his home, either under his existing tenancy agreement or by entering into a new tenancy agreement —
i
is during, or was at any time prior to, the relevant year able to choose whether or not to be provided with any services, facilities or rights (“improvements”) and chooses or chose to be so provided; or
ii
is during, or was at any time prior to the relevant year able to choose either to be provided with any improvements or, whether or not in return for an award or grant from the authority, to provide such improvements for himself; or
iii
would be able during, or would have been able at any time prior to, the relevant year to exercise the choice set out in head (i) or (ii) of this sub-paragraph if he were not or had not at that time been in receipt of a rebate,
the amounts attributed during the relevant year to such improvements whether they are or would be expressed as part of the sum fixed as rent, otherwise reserved as rent or expressed as an award or grant from the authority;
b
during the relevant year a person becomes entitled to a rent-free period which has not been, or does not fall to be, taken into account in calculating the amount of rebate to which he is entitled under the Housing Benefit Regulations, the amount of rebate which is or was payable to him in respect of such rent-free period;
c
during the relevant year an award in the form of a payment of money or monies worth, a credit to the person’s rent account or in some other form is made by an authority to one of its tenants in receipt of rebate, whether or not the person is immediately entitled to the award, the amount or value of the award, but no such deduction shall be made in respect of an award —
i
made to a tenant for a reason unrelated to the fact that he is a tenant;
ii
made under a statutory obligation;
iii
made under section 137 of the Local Government Act 1972 or section 83 of the Local Government (Scotland) Act 1973 (power of local authorities to incur expenditure for certain purposes not otherwise authorised);
iv
except where sub-paragraph (a)(ii) applies, made as reasonable compensation for reasonable repairs or redecoration the tenant has, or has caused to be, carried out whether for payment or not and which the authority would otherwise have carried out or have been required to carry out; or
v
of a reasonable amount made as compensation for loss, damage or inconvenience of a kind which occurs only exceptionally and which was suffered by the tenant by virtue of his occupation of his home;
d
during the relevant year the weekly amount of rebate or allowance is increased pursuant to paragraph (2) or (3) of regulation 61 of the Housing Benefit Regulations , the amount of such increase;
e
during the relevant year an amount is recovered in relation to an overpayment of a rebate or allowance which was caused by departmental error, within the meaning of article 10(4), the amount so recovered where the overpayment had occurred and been discovered in a year earlier than the relevant year;
f
during the relevant year a fraudulent overpayment, within the meaning of article 10(5), is identified, the amount of the overpayment, but only to the extent that the amount of overpayment or any part of it has not been deducted from qualifying expenditure under article 4 of the 1994 Order, the 1995 Order or the 1996 Order, as the case may be;
g
subject to sub-paragraphs (e) and (f), during the relevant year it is discovered that an overpayment of rebate or allowance has been made, the amount of such overpayment, but only to the extent that —
i
the amount of such overpayment or any part of it has not been deducted from qualifying expenditure under article 3 of the Housing Benefit (Subsidy) Order 1989 or of the Housing Benefit (Subsidy) Order 1990 or under article 4 of respectively the 1991 Order, the 1992 Order, the 1993 Order, the 1994 Order, the 1995 Order or the 1996 Order, as the case may be; and
ii
the amount of the overpayment or any part of it does not include an amount to which paragraph (15) of regulation 72 of the Housing Benefit Regulations or paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989 , or as the case may be, paragraph (18) of regulation 59 of the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988 (time and manner in which claims are to be made) applied;
h
during the relevant year any instrument of payment issued by an authority during that year is returned to that authority without being presented for payment or is found by that authority to have passed its date of validity without being presented for payment, the amount of any such instrument;
i
during the year an amount is recovered in respect of which subsidy was paid pursuant to paragraph 6(2) of Schedule 6 to the 1996 Order, the amount so recovered where the payment on account was made in a year earlier than the relevant year.
2
Subject to paragraph (3), no deduction shall be made under sub-paragraph (1)(a) in a case where the eligible rent for a tenant has been increased in a case to which that sub-paragraph would apply but —
a
any such services, facilities or rights (“improvements”) —
i
relate solely to the physical needs of the property in question or the needs of that tenant; and
ii
the increased rent in relation to such improvements is reasonable;
b
the tenant was eligible whether or not he was a beneficiary; and
c
the authority has not let properties, to which they intend to make improvements, either in the relevant year or in the two years preceding that year, solely or largely to beneficiaries.
3
In paragraph (2), “beneficiary” has the meaning it is given for the purposes of article 6 by paragraph (8) of that article and, in the case of a new authority, the words “or in the two years preceding that year” shall be omitted from sub-paragraph (c).
4
Where in relation to any amount of a rebate or allowance a deduction falls to be made under two or more of article 8(5), article 9(4), paragraph 7 of Schedule 6 or the sub-paragraphs of paragraph (1), as the case may be, only the higher or highest, or, where the amounts are equal, only one amount, shall be deducted.
Deduction from housing benefit subsidy
12
Where during the relevant year it is found by an authority that any instrument of payment issued by it during the period of 8 years ending on 31st March 1996 has been returned to that authority without having been presented for payment or has passed its date of validity without having been presented for payment, the deduction referred to in article 4(1) shall be the amount of any housing benefit subsidy that has been paid to that authority in respect of any such instrument.
Additions to and deductions from housing benefit subsidy in respect of benefit savings
13
1
Where this article applies, the addition to or, as the case may be, deduction from housing benefit subsidy referred to in article 4(1) shall be calculated in accordance with Part II of Schedule 9.
2
This article applies in the case of an authority to which paragraph 2 of Part II of Schedule 9 applies and in such a case the addition shall be calculated in accordance with that paragraph.
3
This article also applies in the case of an authority to which paragraph 4 of Part II of Schedule 9 applies and in such a case the deduction shall be calculated in accordance with that paragraph.
PART III
COUNCIL TAX BENEFIT SUBSIDY
Interpretation of Part III
14
1
In this Part of this Order, unless the context otherwise requires —
“council tax benefit subsidy” means subsidy under section 140 of the Act;
“the Community Charge Benefits Regulations ” means the Community Charge Benefits (General) Regulations 1989 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“excess benefit” includes excess benefits under the Community Charge Benefits Regulations as well as excess benefit under the Council Tax Benefit Regulations,
and other expressions used in this Part of this Order and in the Council Tax Benefit Regulations shall have the same meanings in this Order as in those Regulations.
2
In this part of this Order “council tax benefit qualifying expenditure” means the total of council tax benefit, including any extended payments, lawfully granted by the appropriate authority during the relevant year, less —
a
the deductions specified in article 19; and
b
where, under subsection (6) of section 139 of the Act (arrangements for council tax benefit), the appropriate authority has modified any part of the scheme administered by it, any amount by which the total of the council tax benefit which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had not been so modified.
Amount of council tax benefit subsidy
15
The amount of an appropriate authority’s council tax benefit subsidy for the relevant year —
a
for the purposes of section 140(2) of the Act (subsidy in respect of council tax benefit) shall be the amount or total of the amounts calculated in accordance with article 16;
b
for the purposes of section 140(5) of the Act (subsidy in respect of the costs of administering council tax benefit) may include an additional sum in respect of the costs of administering council tax benefit calculated in accordance with Schedules 1 and 2.
Council tax benefit
16
1
Subject to paragraph (2), for the purposes of section 140(2) of the Act, an appropriate authority’s council tax benefit subsidy for the relevant year shall be —
a
in the case of an appropriate authority to which article 17 does not apply, 95 per cent. of its council tax benefit qualifying expenditure;
b
in the case of an appropriate authority to which that article is relevant an amount equal to the aggregate of —
i
95 per cent. of so much of its council tax benefit qualifying expenditure as remains after deducting the amount of expenditure attributable to the council tax benefit to which that article applies; plus
ii
the appropriate amount calculated in respect of the council tax benefit under that article,
plus, in each case, the additions, where applicable, under articles 18 and 21(2), less, in each case, the deductions, where applicable, under articles 20 and 21(3).
2
Where, during the relevant year there has been a period overrun in respect of council tax benefit, that appropriate authority’s council tax benefit subsidy for that year shall be adjusted by deducting from the subsidy otherwise due under this article an amount equal to the percentage, as calculated in accordance with paragraph 4 of Schedule 4, of the council tax benefit qualifying expenditure for that authority.
Backdated benefit
17
1
Subject to paragraph (2), where —
a
during the relevant year an appropriate authority has under paragraph (16) of regulation 62 of the Council Tax Benefit Regulations (time and manner in which claims are to be made) , treated any claim for council tax benefit as made on a day earlier than that on which it was made (“backdated”); and
b
any part of that appropriate authority’s council tax benefit qualifying expenditure is attributable to such earlier period;
for the purposes of article 16(1)(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 50 per cent. of the council tax benefit qualifying expenditure so attributable.
2
This article shall not apply in a case —
a
to which article 18(1)(b)(ii) applies; or
b
where —
i
the person claiming fell within regulation 4A(4)(g) of the Council Tax Benefit Regulations ;
ii
he made that claim on or after 21st June 1996, but before 24th July 1996; and
iii
an authority has backdated that claim.
Additions to council tax benefit subsidy
18
1
Subject to paragraphs (8) and (9), the additions referred to in article 16 are —
a
where, following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, an appropriate authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent. of the amount of the duplicate payments;
b
subject to paragraphs (2) and (3), where it is discovered by an appropriate authority, during the relevant year, that excess benefits have been allowed and an amount is to be deducted under article 20 in relation to those excess benefits, an amount equal to —
i
where the excess benefits are allowed in consequence of a departmental error, 95 per cent. of that part of the excess benefits which have not been recovered by the appropriate authority;
ii
where fraudulent excess benefits are allowed 95 per cent. of the excess benefits; or
iii
except where head (i) or (ii) above applies, 25 per cent. of the excess benefits;
c
where, during the relevant year, it is discovered that excess benefit in respect of which a deduction was made under article 19 of the 1994 Order, the 1995 Order or the 1996 Order, as the case may be, (other than a deduction under sub-paragraph (1)(c) of that article) was fraudulent excess benefit, the difference, if any, between 95 per cent. of any such excess benefit and the amount of any council tax benefit subsidy that has been paid to that authority in respect of that excess benefit.
2
The amount under paragraph (1)(b) shall not include an amount in relation to —
a
any excess benefit allowed in consequence of an error of the appropriate authority making the payment;
b
any technical excess benefit; or
c
any excess benefit allowed and discovered in the relevant year, as a result of a reduction in the amount of council tax a person is liable to pay.
3
Where excess benefits are allowed in consequence of departmental error, but some or all of that excess benefit is recovered by the appropriate authority, no addition shall be applicable to that authority in respect of the amount so recovered.
4
In paragraph (2)(a) “excess benefit allowed in consequence of an error of the appropriate authority making the payment” means excess benefits in consequence of a mistake made or something done or omitted to be done by the appropriate authority where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.
5
In paragraph (1)(b)(i), in paragraph (3) and in article 19(1)(b) “excess benefits allowed in consequence of departmental error” means excess benefits in consequence of a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department for Education and Employment acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with sections 38(1), 40(1), 51(1) and 52(1) of the Act (appointment of adjudication officers, chairmen and members of social security appeal tribunals and Commissioners) where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.
6
In paragraph (2)(b) “technical excess benefit” means that part of excess benefits which occurs as a result of benefits being allowed in advance and —
a
a change of circumstances reduces or eliminates entitlement to those benefits; or
b
the authority subsequently identifies recoverable excess benefits which arise otherwise than from a change in circumstances,
but shall not include any part of those excess benefits occurring before the benefit week next following the week in which the change is disclosed to the appropriate authority or it identifies those excess benefits.
7
In paragraph (1)(b)(ii) and (c), in article 19(1)(c) and in paragraph 1 of Schedule 9 “fraudulent excess benefit” means excess benefit in respect of a period falling wholly or partly after 31st March 1993 and which —
a
is so classified by an officer of the appropriate authority, designated for that purpose by the authority, after that date; and
b
occurs as a result of the award or continuation of benefit arising in consequence of —
i
a breach of section 112 of the Act (false representations for obtaining benefit); or
ii
knowingly failing to report a relevant change of circumstances, contrary to the requirements of regulation 63 of the Community Charge Benefits Regulations or, as the case may be, of regulation 65 of the Council Tax Benefit Regulations (duty to notify change of circumstances), with intent to obtain or retain such benefit.
8
Except for paragraphs (1)(b)(ii), (1)(c) and (7), this article shall not apply to an award of benefit to which paragraph (18) of regulation 60 of the Community Charge Benefits Regulations or paragraph (16) of regulation 62 of the Council Tax Benefit Regulations (time and manner in which claims are to be made) , as the case may be, applies.
9
Any reference in this article to excess benefits shall not include any council tax benefit for any period overrun or any period immediately following expiry of the specified period determined under regulation 57 of the Council Tax Benefit Regulations (benefit period) except for so much of any such benefit to which the claimant would not have been entitled had a claim for that period been duly made and determined.
Deductions to be made in calculating subsidy in respect of council tax benefit
19
1
The deductions referred to in article 14(2) are, subject to paragraph (2), of the following amounts, namely where —
a
an appropriate authority has by virtue of regulation 51(5) or 54(4) of the Council Tax Benefit Regulations (increases of weekly amounts for exceptional circumstances) increased benefit in exceptional circumstances, the amount attributable to that increase;
b
during the relevant year an amount is recovered in relation to excess benefits allowed in consequence of departmental error, within the meaning of article 18(5), and where the excess benefit had occurred and been discovered in one or more of the years ending 31st March 1991, 31st March 1992, 31st March 1993, 31st March 1994, 31st March 1995 or 31st March 1996, as the case may be, the amount so recovered;
c
during the relevant year fraudulent excess benefit, within the meaning of article 18(7), is identified, the amount so identified, but only to the extent that the amount of the excess benefits or any part of it has not been deducted from council tax benefit qualifying expenditure under article 19 of the 1994 Order, the 1995 Order or the 1996 Order, as the case may be;
d
subject to sub-paragraphs (b) and (c), during the relevant year it is discovered by an appropriate authority that excess benefits have been allowed, the amount of the excess benefits, but only to the extent that —
i
the amount of the excess benefits or any part of it has not been deducted from community charge benefit qualifying expenditure under article 15 of the 1991 Order or article 16 of the 1992 Order or the 1993 Order or from council tax benefit qualifying expenditure under article 19 of the 1994 Order, the 1995 Order or the 1996 Order, as the case may be; and
ii
the amount of the excess benefits or any part of it does not include an amount payable pursuant to either paragraph (18) of regulation 60 of the Community Charge Benefits Regulations or paragraph (16) of regulation 62 of the Council Tax Benefit Regulations (time and manner in which claims are to be made);
e
during the relevant year any instrument of payment which was issued by an appropriate authority during that year is returned to that authority without being presented for payment or is found by that authority to have passed its date of validity without being presented for payment, the amount of any such instrument.
2
Where in relation to any amount of benefit a deduction falls to be made under two or more sub-paragraphs of paragraph (1), only the higher or highest or, where the amounts are equal, only one amount shall be deducted.
Deduction from council tax benefit subsidy
20
Where during the relevant year it is found by an appropriate authority that any instrument of payment issued by it during the period of 6 years ending on 31st March 1996 has been returned to that authority without having been presented for payment or has passed its date of validity without having been presented for payment, the deduction referred to in article 16(1) shall be the amount of any council tax benefit subsidy or community charge benefit subsidy that has been paid to that authority in respect of any such instrument.
Additions to and deductions from council tax benefit subsidy in respect of benefit savings
21
1
Where this article applies, the addition to or, as the case may be, deduction from council tax benefit subsidy referred to in article 16(1) shall be calculated in accordance with Part III of Schedule 9.
2
This article applies in the case of an appropriate authority to which paragraph 5 of Part III of Schedule 9 applies and in such a case the addition shall be calculated in accordance with that paragraph.
3
This article also applies in the case of an appropriate authority to which paragraph 7 of Part III of Schedule 9 applies and in such a case the deduction shall be calculated in accordance with that paragraph.
Signed by authority of the Secretary of State for Social Security.
A.J.B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
19th March 1997
We consent,
Patrick McLoughlin
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1997


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (South Wessex Downs) Designation (Amendment) Order 1997 and shall come into force on 1st July 1997.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (South Wessex Downs) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Rates of payment under agreement
4
In article 6 of the principal Order —
a
in paragraph (1) —
i
in sub-paragraph (b), for the amount “£40” there shall be substituted the amount “£45”;
ii
in sub-paragraph (c), for the amount “£50” there shall be substituted the amount “£55”;
b
in paragraph (2), in the table, in the right hand column —
i
for the figure “260” there shall be substituted the figure “300”,
ii
for the figure “220” there shall be substituted the figure “230” and
iii
for the figure “60” there shall be substituted the figure “80”.
Amendment to Schedule
5
In Schedule 3 (conservation plan operations) to the principal Order, for paragraph 5, there shall be substituted the following two paragraphs:
5
The creation or restoration of ponds.
5A
The restoration of dewponds or ditches.
.
Saving
6
The amendments made to the principal Order by article 4 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1997.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th June 1997
We consent,
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 1997