text:
Part 1
General
Citation, commencement and application
1
1
These Regulations may be cited as the Education (New Grant-maintained Schools) (Finance) Regulations 1997 and shall come into force on 1st April 1997.
2
These Regulations apply in relation to the financial year beginning on that date.
3
These Regulations apply in respect of grant-maintained schools situated in England which are established pursuant to proposals under section 211 or 212 of the 1996 Act (proposals for establishment of new schools) except to such a school which is established –
a
where section 213(3) of the 1996 Act applies (proposals by promoters to establish a new school in place of an existing independent school which it is proposed to discontinue on or before the date of implementation of the proposals in respect of the new school); or
b
in connection with the discontinuance of another grant-maintained school pursuant to proposals published under section 267 or 268 of the 1996 Act.
Interpretation
2
1
In these Regulations, except where the context otherwise requires –
“the 1996 Act” means the Education Act 1996;
“financial year in question” means the financial year beginning in 1997;
“local education authority” means –
in relation to any school and financial year, the local education authority for the area in which the school is situated; or
where the school is situated in the area of more than one local education authority, such local education authority as the Secretary of State, after consultation with those local education authorities concerned, may determine;
“preceding financial year” means the financial year beginning in 1996;
“pupils with statements of special educational needs” means pupils for whom statements of their special educational needs are maintained under section 324 of the 1996 Act;
“school” means a grant-maintained school in respect of which these Regulations apply.
2
Expressions used in these Regulations set out in the first column of the following table shall have the meanings attributed to them by the provisions set out opposite thereto in the second column, references to regulations being references to regulations of these Regulations –
aggregated budget section 101(3) (b) of the 1996 Act allocation formula section 106(2) of the 1996 Act capital grants section 246(1) of the 1996 Act Central AMG regulation 3(1) (b) change in the characteristics of the school regulation 6(6) comparable maintained school regulation 6(2) date of implementation of the proposals section 217 of the 1996 Act delegated budget section 115(b) of the 1996 Act Direct AMG regulation 3(1) (a) financial year section 579(1) of the 1996 Act general schools budget section 101(3) (a) of the 1996 Act maintained school regulation 6(2) maintenance grant section 244(1) of the 1996 Act relevant date regulation 15(7) relevant percentage regulation 7(2) scheme section 101(1) of the 1996 Act school’s budget share section 101(3) (c) and (6) of the 1996 Act special purpose grants section 245(1) of the 1996 Act.
3
a
Subject to sub-paragraph (b), for the purposes of these Regulations, a grant-maintained school is established on the date of implementation of the proposals in respect of the school under Chapter IV of Part III of the 1996 Act.
b
For the purposes of these Regulations, Brinkley Grove Primary School, Essex shall be taken to have been established on 1st April 1997.
4
For the purposes of these Regulations, proposals for the establishment of a grant-maintained school or a comparable maintained school have been fully implemented when the number of pupils admitted to the school in each age group has, in the opinion of the funding authority, reached
a
that number of pupils indicated by the local education authority, the promoters or the funding authority, as the case may be, when publishing proposals under section 35, 41, 211 or 212 of the 1996 Act for the establishment of that school, as the number to be admitted to each age group when the proposals were fully implemented; or
b
if no such number was indicated, such number as the funding authority may determine.
5
Unless the context otherwise requires, any reference in these Regulations to –
a
a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Part 2
Maintenance Grant
Determination of amount of maintenance grant
3
1
The amount of maintenance grant payable for the financial year in question in respect of a school shall be the aggregate of the following amounts –
a
an amount (Direct AMG) determined in accordance with, as the case may be, regulation 4, 5 or 10;
b
an amount (Central AMG) determined in accordance with regulation 7 or that regulation as it has effect in accordance with regulation 11 (apportionment); and
c
an amount determined in accordance with regulation 8 (Section 11 funding), regulation 9 (school meals, subject in the case of a school established in September in the financial year in question to apportionment under regulation 12), regulation 13 (contingencies) and regulation 14 (nursery education).
2
Where in the opinion of the funding authority precise calculation for the purpose of determining any of the amounts referred to in paragraph (1) –
a
would be impracticable;
b
would not significantly affect the amount; or
c
would be disproportionately costly having regard to the complexity of the calculation and the likely effect on the amount,
paragraph (1) shall have effect as if it required the funding authority to determine as the amount of maintenance grant payable for the financial year in question such amount as appears to them to be fair and reasonable having regard in particular to the local education authority’s scheme.
Determination of Direct AMG for a complete financial year by reference to a comparable maintained school’s budget share
4
1
This regulation applies in the case of a school established on 1st April in the financial year in question.
2
In any case to which this regulation applies, and subject to regulation 5 (alternative method), the funding authority shall determine an amount which appears to them to be equal or approximate to an amount which the local education authority could have determined, by the application (subject to regulation 6) of the allocation formula in their scheme in relation to a comparable maintained school covered by the scheme, as such a school’s budget share for the financial year in question.
Alternative method of determining Direct AMG
5
1
The funding authority shall in the case of a school established on 1st April in the financial year in question, instead of determining an amount under regulation 4, determine, after consulting the local education authority and the governing body of the school, an amount in accordance with this regulation which is the aggregate of the amounts determined under paragraphs (2), (8) and (9), if such amount would be larger than the amount that would be determined under regulation 4.
2
The funding authority shall determine an amount which appears to them to be equal or approximate to an amount which the local education authority could have determined, by the application (subject to regulation 6) of the allocation formula in their scheme in relation to a comparable maintained school covered by the scheme, as such a school’s budget share for the financial year in question on the hypotheses, for the purposes of this paragraph, set out in paragraphs (3) to (7).
3
In the case of a school situated in the area of a local education authority which does not use estimates of pupil numbers for the purposes of the allocation formula, the number of registered pupils at the school aged under 16 on 31st August 1997 is –
a
in the case of a primary school, 80 (“the minimum threshold”) or, if higher, the number which the funding authority estimate will be the number of such pupils at the school on a date in April in the financial year in question determined by them; or
b
in the case of a secondary school, 220 (“the minimum threshold”) or, if higher, the number which the funding authority estimate will be the number of such pupils at the school on a date in April in the financial year in question determined by them.
4
In the case of a school situated in the area of a local education authority which does use estimates of pupil numbers for the purposes of the allocation formula, the number of registered pupils at the school aged under 16 on 31st August 1997 is –
a
in the case of a primary school, 80 (“the minimum threshold”) or, if higher, 5/12ths of the number which the funding authority estimate will be the number of such pupils at the school on a date in April in the financial year in question determined by them and 7/12ths of the number which they estimate will be the number of such pupils at the school on a date in September in the financial year in question determined by them; or
b
in the case of a secondary school, 220 (“the minimum threshold”) or, if higher, 5/12ths of the number which the funding authority estimate will be the number of such pupils at the school on a date in April in the financial year in question determined by them and 7/12ths of the number which they estimate will be the number of such pupils at the school on a date in September in the financial year in question determined by them.
5
The ages of notional pupils (being the number by which the minimum threshold exceeds the funding authority’s estimate of pupil numbers under paragraph (3) or the composite number based on the funding authority’s estimates of pupil numbers under paragraph (4)) are determined pro rata according to the distribution of ages of pupils in that estimate or in that composite number based on those estimates, as the case may be.
6
The number of registered pupils aged 16 or over on 31st August 1997 at the school is the number which the funding authority estimate will be the number of such registered pupils at the school on a date in April in the financial year in question determined by them.
7
The allocation formula does not contain any factors which are applicable wholly or mainly to comparable maintained schools the proposals for the establishment of which have not yet been fully implemented.
8
The funding authority shall determine £3,000 in respect of the school if the number, which they estimate will be the number of registered pupils at the school on a date in the financial year in question determined by them, is less than 80% of the number of registered pupils who will be at the school when the proposals for the establishment of the school have been fully implemented.
9
If the number which the funding authority estimate will be the number of pupils at the school on a date in the financial year in question determined by them is less than 80% of the number of registered pupils who will be at the school when the proposals for the establishment of the school have been fully implemented, the funding authority shall determine in respect of the school £750 for every 15 registered pupils (rounding down to the nearest number divisible by 15) which they estimate will be in each age group on that date in the financial year in question determined by them.
Additional provisions for determining Direct AMG
6
1
Where –
a
at any time before the beginning of the financial year in question the allocation formula included a particular factor; and
b
the scheme has been revised, varied or replaced under section 111 or 114 of the 1996 Act at any time before the relevant date in relation to the school as initially determined in accordance with regulation 15(2), and for the financial year in question –
i
no such provision is included in the allocation formula, or
ii
the proportion of a comparable maintained school’s budget share derived from the application of that provision would be less than it would have been had the scheme not been so revised, varied or replaced,
the allocation formula shall be deemed, for the purposes of determining the amount under regulation 4 or 5, as the case may be, to include such provision for taking into account any such factor (but subject always to regulation 5(7)) as it had effect immediately before the scheme was so revised, varied or replaced:
Provided that the funding authority shall add to, or subtract from, any sum derived from the application of the said provision such amount as appears to them to be fair and reasonable having regard to any increase or decrease in the actual or planned level of spending of the local education authority in respect of schools maintained by them occurring during or since the financial year which preceded the financial year in which such revision, variation or replacement occurred.
2
Subject to paragraphs (3), (4) and (5), references in this Part to a maintained school are references to a school maintained by the local education authority in question, and references to a comparable maintained school are references to a maintained county school, any characteristics of which relevant for the purposes of any formula of a kind referred to in regulation 4 or 5, as the case may be, are identical to any such characteristics of the grant-maintained school and are references (in particular) to a school –
a
the number of registered pupils in each age group at which is identical to the number of such pupils in each age group at the grant-maintained school; and
b
any other factors affecting the needs of which (including, in particular, the number of registered pupils at the school who have special educational needs and the nature of the special educational provision required to be made for them) are identical to any other factors affecting the needs of the grant-maintained school.
3
Where the allocation formula includes provision for taking into account the amount of any non-domestic rate payable in respect of a school, the funding authority shall, in applying the allocation formula for the purpose of determining the amount under regulation 4 or 5, as the case may be, apply the provision as if the amount of the non-domestic rate payable was, in the case of brinkley Grove Primary School, Essex and Blenheim High School, Surrey, that payable in respect of a comparable maintained county school.
4
For the purposes of this regulation, it is to be assumed that there is a comparable maintained school covered by the local education authority’s scheme whether or not there is in fact such a school.
5
In this regulation “factor” means, in relation to the allocation formula, any circumstance, fact or matter affecting the needs of individual schools and subject to variation from school to school which is to be taken into account in accordance with the allocation formula.
6
References in these Regulations to any change in the characteristics of the school include, in particular, references to any change in the number of registered pupils thereat.
Determination of Central AMG
7
1
Subject to regulation 11 (apportionment), the funding authority shall determine an amount for Central AMG which is equal to the relevant percentage of the amount calculated in respect of the school in accordance with regulation 4(2) (Direct AMG by reference to a comparable maintained school’s budget share) whether or not Direct AMG for the school was determined under that regulation or regulation 5.
2
In these Regulations the relevant percentage is the percentage determined in accordance with Schedule 1.
Section 11 funding
8
1
Subject to paragraph (2), the funding authority shall determine in respect of the period in the financial year in question during which the school is a grant-maintained school (“the period in question”), the amount, if any, which it appears to them, were the school maintained by the local education authority, could have been allocated for the purposes of the school in accordance with the authority’s scheme in support of expenditure of the kind referred to in section 11 of the Local Government Act 1966 in respect of posts approved by the Secretary of State for the purpose of making grants in respect of such expenditure, not being expenditure expected to be offset by income received as central government grants or grant from any of the European Communities.
2
If no such amount as referred to in paragraph (1) could have been so allocated in respect of the period in question the funding authority shall determine –
a
the amount which could have been so allocated in respect of an equivalent period in the last financial year, if any, in which any amount could have been so allocated; or
b
if no such amount as is referred to in sub-paragraph (a) above could have been so allocated such amount as appears to them to be fair and reasonable, being not more than half of the amount of “approved expenditure” which they estimate will be incurred by the governing body of the school for the period in question.
3
In paragraph (2)(b) “approved expenditure” means expenditure of the kind referred to in section 11 of the Local Government Act 1966 both in respect of posts and of an amount approved by the Secretary of State for the purpose of making grants in respect of such expenditure.
Calculation of an amount in respect of the provision of school meals
9
1
Subject to regulation 12 (apportionment), the funding authority shall determine an amount in respect of the provision of school meals calculated by the application of the following formula –
( M × F ) ( P ) + ( S × G ) ( B )
,where
M is the number of registered pupils in receipt of free school meals at the school on a date in the financial year in question determined by the funding authority;
F is the total of the local education authority’s planned expenditure for the financial year in question in providing meals to pupils in receipt of free school meals at relevant schools;
P is the number of registered pupils in receipt of free school meals at relevant schools on a date in the financial year in question determined by the funding authority;
S is the number of registered pupils at the school who bought meals at the school on a date in the financial year in question determined by the funding authority;
G is the total of the local education authority’s planned expenditure for the financial year in question on school meals, other than free school meals, at relevant schools and excluding expenditure to be met from any charges for such meals; and
B is the number of registered pupils at relevant schools who bought meals at those schools on a date in the preceding financial year determined by the funding authority.
2
In paragraph (1) –
“planned expenditure” means the initial amount appropriated by the local education authority for meeting expenditure at all relevant schools excluding any such expenditure falling within their aggregated budget; and
“relevant schools” means all primary or all secondary schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 122(2) of the 1996 Act, according as to whether the school is a primary school or a secondary school.
3
Without prejudice to regulation 16 (adjustments), until such time as the funding authority are able to determine an amount by the application of the formula in this regulation, having regard to the date or dates determined by them for the purposes of “M”, “P” and “S”, the funding authority shall determine such amount (“the estimated amount”) in respect of the provision of school meals as appears to them to be fair and reasonable and if the amount subsequently determined in accordance with the said formula is different from the estimated amount, they may revise their determination accordingly (whether or not this reduces the amount of maintenance grant payable in respect of the school for the financial year in question).
Determination of Direct AMG for schools established in September in the financial year in question
10
1
This regulation applies in the case of a school established in September in the financial year in question.
2
In any case to which this regulation applies the funding authority shall determine an amount in accordance with regulation 4 or 5, and subject to paragraph (3) below, as if the school had been established on 1st April in the financial year in question, and shall apportion that amount in accordance with the following formula –
( A × 7 / 12 ) + B ,
where
A is the amount so determined under regulation 4 or 5, as the case may be, but in the latter case is less the sum of the amounts determined in accordance with paragraphs (8) and (9) of that regulation; and
B is only added where Direct AMG has been determined under regulation 5 and is the sum of the amounts determined in accordance with paragraphs (8) and (9) of that regulation.
3
a
In any case to which this regulation applies paragraphs (3) and (4) of regulation 5 shall have effect as if the number of registered pupils at the school aged under 16 on 31st August 1997 is –
i
in the case of a primary school, 80 (“the minimum threshold”) or, if higher, the number which the funding authority estimate will be the number of such pupils at the school on a date in September in the financial year in question determined by them, or
ii
in the case of a secondary school, 220 (“the minimum threshold”) or, if higher, the number which the funding authority estimate will be the number of such pupils at the school on a date in September in the financial year in question determined by them.
b
In any case to which this regulation applies paragraph (6) of regulation 5 shall have effect as if for the reference to “a date in April” there were substituted a reference to “a date in September”.
Determination of Central AMG – apportionment for schools established in September in the financial year in question
11
1
This regulation applies in the case of a school established in September in the financial year in question.
2
Where this regulation applies, regulation 7 (determination of Central AMG) shall have effect as if it required the funding authority to determine the relevant percentage of the amount determined in accordance with the following formula –
( A × J ) 365
, where
J is the amount calculated in accordance with regulation 4(2) (Direct AMG by reference to a comparable maintained school’s budget share) in respect of the school as if it had been established on 1st April in the financial year in question; and
A is the number of days in the financial year falling on or after the date on which the school was established.
Apportionment in respect of the provision of school meals for schools established in September in the financial year in question
12
In the case of a school established in September in the financial year in question, the amount of maintenance grant payable in respect of the provision of school meals determined under regulation 9 for the financial year in question shall be apportioned in accordance with the following formula –
A × C × F B
, where
A is the number of days in the financial year falling on or after the date on which the school was established;
B is 365;
C is the amount determined in accordance with regulation 9 (school meals);
F is 1.015.
Contingencies
13
The funding authority shall determine the amount which it appears to them, were the school maintained by the local education authority, could have been allocated for the purposes of the school in accordance with the authority’s scheme in respect of contingencies.
Nursery Education
14
Where the school provides education for junior pupils who have not attained the age of five years, the funding authority shall determine an amount in respect of such provision which they are satisfied is fair and reasonable having regard in particular to the extent to which, in their opinion, the cost of such provision ought to be met from the amount determined in accordance with (as the case may be) regulation 4, 5 or 10 (Direct AMG).
Relevant date
15
1
Subject to regulation 22 (relevant date for the purpose of a redetermination of the amount of maintenance grant), any amount required to be determined by the funding authority under this Part shall be determined on the information available to them on the relevant date.
2
In paragraph (1), the relevant date is such date as the funding authority may determine and different dates may be determined for different cases or classes of case.
3
The funding authority may, in any case where they consider it appropriate to do so, redetermine the relevant date.
4
Where –
a
the funding authority determine the relevant date, in respect of any school for the financial year in question, in accordance with paragraph (2); or
b
they redetermine the relevant date in accordance with paragraph (3),
they shall notify the governing body of the school and the local education authority in writing of that fact.
5
Where there is not available to the funding authority on the relevant date sufficient information as will, in their opinion, allow them to determine any amount referred to in paragraph (1) they may determine the amount of maintenance grant payable in respect of the school on such basis as appears to them to be fair and reasonable having regard to the information available to them on the relevant date.
6
The funding authority shall not take into account any information made available to them after the relevant date (but before the date of their determination) for the purposes of determining the amount of maintenance grant payable in respect of a school for the financial year in question.
7
References in this Part to the relevant date are references to the date referred to in paragraph (2) unless the relevant date has been redetermined in accordance with paragraph (3) in which case it is a reference to that date as redetermined.
Adjustments
16
1
Without prejudice to paragraph (5) but subject to paragraph (7) and regulation 21 (transfer of site), this paragraph applies where –
a
after determining the amount of maintenance grant payable in respect of any school for the financial year in question in accordance with this Part it appears to the funding authority that, by reason of –
i
any change in the characteristics of the school,
ii
any change in the level of spending by the local education authority,
iii
any other change affecting the needs of the school, or
iv
the level of spending by the local education authority on any matter included in accordance with regulation 4(a) of the Education (School Financial Statements) (Prescribed Particulars etc. ) Regulations 1995 in Part 1 of the authority’s statement prepared under section 122 (4) of the 1996 Act for the financial year beginning in 1996 exceeding the planned level of spending on that matter included in accordance with Schedule 1 to those Regulations in Part 1 of the authority’s statement prepared under section 122(2) of that Act for that year,
the amount so payable should be revised; or
b
the funding authority are satisfied that their determination of the amount of maintenance grant payable in respect of any school for the financial year in question was made in ignorance of, or was based on a mistake as to, some material fact, or was not in accordance with these Regulations.
2
In any case to which paragraph (1) applies, the funding authority may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with these Regulations and, if the amount so redetermined is different from the amount previously determined, revise their determination accordingly.
3
Subject to paragraph (4), paragraph (2) shall not enable the funding authority to revise their determination of maintenance grant so as to reduce the amount of grant payable in respect of the school concerned for the financial year in question.
4
The funding authority may revise their determination of maintenance grant so as to reduce the amount payable where –
a
that determination was made in ignorance of, or was based on a mistake as to, some material fact; and
b
such ignorance or mistake was not attributable to an act or omission of the local education authority.
5
Where it appears to the funding authority that, by reason of any extraordinary circumstances, the amount of maintenance grant determined in respect of a school for the financial year in question is insufficient to enable the governing body of the school adequately to carry out their functions with respect to the conduct of the school, they may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with paragraph (6), and revise their determination accordingly.
6
Where the funding authority decide to redetermine the amount of maintenance grant by virtue of paragraph (5) they shall redetermine that amount by adding to it such amount as appears to them to be necessary for the purpose of enabling the governing body adequately to carry out their functions with respect to the conduct of the school.
7
Where the funding authority have determined the amount of Direct AMG in respect of a school under regulation 5 (including calculation in accordance with that regulation for the purposes of apportionment under regulation 10) they may not redetermine the amount of Direct AMG in respect of that school under regulation 4 (including calculation in accordance with that regulation for the purposes of apportionment under regulation 10) for the financial year in question.
Redetermination to enable governing body to carry out their functions
17
Where it appears to the funding authority that the amount of maintenance grant determined in respect of a school for the financial year in question is insufficient to enable the governing body of the school adequately to carry out their functions with respect to the conduct of the school, they may, after consultation with the local education authority and the governing body of the school, redetermine the amount of maintenance grant payable in respect of the school for the year and revise their determination by adding such amount as appears to them to be fair and reasonable for the purpose of enabling the governing body adequately to carry out their functions with respect to the conduct of the school.
Redetermination to take into account local education authority capital expenditure from the revenue account
18
1
The funding authority may redetermine the amount of maintenance grant payable in respect of the school for the year and revise their determination by adding to the amount so determined such sum as appears to them to be fair and reasonable having regard to –
a
the amount of expenditure of a capital nature incurred by the local education authority in respect of relevant schools;
b
the proportion of the total amount of expenditure of a capital nature incurred by the local education authority charged to a revenue account of the authority as defined in section 41(2) of the Local Government and Housing Act 1989 ;
c
the amount of capital grants paid to the governing body of the school by the funding authority in the financial year in question.
2
In paragraph (1)
“expenditure of a capital nature” means expenditure treated by the local education authority as expenditure of a capital nature; and
“relevant schools” means all primary or all secondary schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 122(2) of the 1996 Act, according as to whether the school is a primary school or a secondary school.
Notice of revisions to the governing body and the local education authority
19
Where in accordance with regulation 9(3) (redetermination of school meals), 16 (adjustments), 17 (redetermination to enable governing body to carry out their functions) or 18 (capital expenditure from the revenue account) the funding authority revise the amount of maintenance grant payable in respect of any school for the financial year in question they shall give notice thereof to the local education authority and to the governing body of the school.
Further revisions
20
A determination which has been revised in accordance with regulation 16, 17 or 18 may be further revised in accordance with those regulations and may be so further revised notwithstanding that the funding authority are satisfied that the revised determination was not made in accordance with these Regulations.
Transfer of site
21
Where, after the funding authority have determined under this Part the amount of maintenance grant payable in respect of any school for the financial year in question, the school is transferred to a new site in the area of another local education authority, the provisions of this Part shall apply for the purposes of redetermining the amount of maintenance grant payable in respect of the school for that year as if the school had not been so transferred.
Application of relevant date provisions to a redetermination of the amount of maintenance grant
22
1
In its application for the purposes of any redetermination under regulation 16 (adjustments) of the amount of maintenance grant payable in respect of a school for the financial year in question, regulation 15 (relevant date) shall have effect subject to the following provisions of this regulation.
2
Where the redetermination of maintenance grant is under regulation 16(2) on one or more of the grounds specified in paragraph (1)(a) of that regulation, the funding authority may take into account for the purposes of the redetermination any information received by them after the relevant date which relates to any of the reasons for making the redetermination.
3
Where the redetermination of maintenance grant under regulation 16(2) is made on the grounds, specified in paragraph (1) (b) of that regulation, that the funding authority are satisfied that their determination was made in ignorance of, or was based on a mistake as to, some material fact, they may take into account any information received by them after the relevant date which relates to that fact.
4
Where in accordance with paragraphs (2) and (3) any additional information is taken into account by the funding authority for the purposes of redetermining grant under regulation 16(2), they may take that information into account for the purposes of making any further redetermination under that regulation.
5
Regulation 15 (relevant date) shall not apply where a redetermination is made by the funding authority in accordance with regulation 16(5) and (6) (redetermination by reason of extraordinary circumstances), regulation 17 (redetermination to enable governing body to carry out their functions) and regulation 18 (capital expenditure from the revenue account).
6
Where the redetermination of maintenance grant is in accordance with regulation 9(3) (redetermination of school meals), the funding authority may take into account information received by them after the relevant date which relates to the number of registered pupils at the school in receipt of free school meals or who bought meals at the school or to the number of registered pupils in receipt of free school meals at relevant schools (as defined in regulation 9 (2)).
Requirements which may be attached to payment of maintenance grant
23
–
1
The requirement set out in paragraph 1 of Schedule 2 (conduct of school) is specified as a requirement which may be imposed by the funding authority on governing bodies to whom payments of maintenance grant are or have been made.
2
The funding authority may determine, for the purpose of the application of section 247(1) and (2) of the 1996 Act to such governing bodies, any requirement referred to in paragraphs 2 to 4 of Schedule 2 (requirements as to accounts and financial affairs).
Part 3
Capital and Special Purpose Grants
Capital grants
24
The funding authority may pay capital grants in respect of expenditure of a capital nature of a class or description specified in Schedule 3 incurred or to be incurred by the governing body of a school.
Special purpose grants
25
1
The funding authority may pay special purpose grants in respect of expenditure of any class or description specified in Schedule 4 incurred or to be incurred by the governing body of a school –
a
for or in connection with the educational purposes so specified; or
b
in respect of any expenses so specified being expenses which it appears to the funding authority the governing bodies of schools cannot reasonably be expected to meet from maintenance grant.
2
Special purpose grants may be paid on a regular basis in respect of expenditure of a recurrent kind or by reference to expenditure incurred or to be incurred on particular occasions or during any particular period.
Requirements which may be attached to payment of capital or special purpose grants
26
1
The requirements set out in paragraph 1 (conduct of the school) of Schedule 2 and paragraph (2) below are specified as requirements which may be imposed by the funding authority on governing bodies to whom payments of capital or special purpose grants are or have been made.
2
The requirements referred to in paragraph (1) are –
a
a requirement that any such payment shall be applied for the purpose of defraying expenditure in respect of which it was made and for no other purpose; and
b
a requirement that such a payment shall be so applied before a date specified by the funding authority.
3
The funding authority may determine for the purpose of the application of section 247(1) and (2) of the 1996 Act to such governing bodies as are referred to in paragraph (1) –
a
any requirement referred to in paragraphs 2 to 4 (requirements as to accounts and financial affairs) of Schedule 2;
b
any requirements formulated for the purpose of assisting the funding authority to be satisfied that a requirement imposed in accordance with paragraph (2) is being, or has been, complied with including, in particular, requirements as to the furnishing by the governing body of audited statements relating to expenditure in respect of which the grant has been paid together with such accounts, receipts, invoices and other information as the funding authority may require in order to verify the same; and
c
any requirement as to the repayment, in whole or in part, of payments made to the governing body in respect of such grant if any other requirement imposed by the funding authority in accordance with this regulation subject to which the payments were made is not complied with.
4
The funding authority may determine for the purposes of the application of that section to such governing bodies as are referred to in paragraph (1), requirements as to the payment to the funding authority, if any conditions specified in the requirements are satisfied, of the whole or any part of the amount referred to in section 247(7) of the 1996 Act (subject always, where any payment is made in respect of capital grants, to the provisions of section 247(8) of that Act).
Part 4
Recovery Of Amounts In Respect of Maintenance Grant From a Local Education Authority
Determination of amount to be recovered
27
The total amount which the Secretary of State may recover by virtue of section 256 of the 1996 Act from a local education authority named in a determination under that section applying that section in respect of any school in relation to the financial year in question is the amount determined in accordance with these Regulations as the amount of the maintenance grant payable in respect of the school and financial year in question (as from time to time revised) but excluding any amount determined under regulation 18 (capital expenditure from the revenue account).


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Bovine Hides Regulations 1997 and shall come into force on 3rd April 1997.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the appropriate Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland or Wales, the Secretary of State; and
in relation to Northern Ireland, the Department of Agriculture for Northern Ireland;
“approved incinerator” means an incinerator approved by the appropriate Minister under articles 3 and 19 of the Specified Bovine Material Order 1997 ;
“approved rendering plant” means a rendering plant approved by the appropriate Minister under articles 3 and 20 of the Specified Bovine Material Order 1997 or approved by the appropriate Minister under regulation 3 below;
“authorised officer” means an officer authorised by the appropriate Minister for the purposes of these Regulations;
“Commission Regulation 716/96” means Commission Regulation ( EC ) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom, as last amended by Commission Regulation (EC) No. 2423/96 ;
“controlled hide” means the hide of any animal slaughtered in pursuance of either of the schemes on or after the date of entry into force of these Regulations, from the time of its removal from the carcase until it is processed;
“controlled waste” means —
trimmings, fleshings and by-products derived from a controlled hide;
where a controlled hide is split before it is tanned, and the split is not tanned, that split; and
protein or tallow produced by rendering other controlled waste;
“processed”, in relation to a hide, means processed to the wet-tanned stage of the tanning process;
“registered”, in relation to a hide dealer or tannery controller, means registered under regulation 3 below;
“the schemes” means —
the scheme, introduced by Commission Regulation 716/96, for the purchase of bovine animals aged more than 30 months which do not show clinical signs of bovine spongiform encephalopathy and which were, during a period of six months prior to their sale, present on a holding on United Kingdom territory; and
the selective cull, as defined in regulation 2 of the Selective Cull (Enforcement of Community Compensation Conditions) Regulations 1996 ;
“scheme animal” means a bovine animal slaughtered under either of the schemes;
“scheme slaughterhouse” means a slaughterhouse where scheme animals are slaughtered.
Registration, approvals and directions
3
1
The appropriate Minister may on application register a person as a hide dealer or tannery controller, if he is satisfied that the person has the necessary facilities —
a
to ensure that any controlled hide in his possession is reasonably secure against theft;
b
to produce the returns required under regulation 7 below in a timely fashion and to keep the records required under that regulation in a manner which will facilitate the inspection of those records by an authorised officer in accordance with regulation 8(3)(a) below; and
c
to carry out all other functions of a hide dealer or tannery controller (as the case may be) in accordance with these Regulations.
2
For the purposes of these Regulations, the appropriate Minister may on application, approve a place as an approved rendering plant if he is satisfied that it has the facilities —
a
necessary to process controlled waste without risk to human or animal health;
b
to process controlled waste separately from all other material without any contamination occurring; and
c
to satisfy the record keeping requirement imposed under regulation 7(6) below.
3
Any approval or registration granted under these Regulations shall be in writing and may be made subject to conditions and be amended, suspended or revoked at any time by notice in writing served on the person to whom the approval or registration was granted if the appropriate Minister is satisfied that the conditions of these Regulations, or any additional conditions in the approval or registration, are not being complied with.
4
Any direction given under these Regulations shall be given in writing by means of a notice addressed to each person to whom that direction relates.
General requirements in relation to controlled hides
4
1
Except as provided in paragraph (2) below, no person shall buy, sell or otherwise deal with a controlled hide unless —
a
he is a registered dealer or a registered tannery controller;
b
he keeps and transports it in a place which is physically separated from any place in which any hide other than a controlled hide is kept or transported; and
c
he keeps records of his dealings with that hide in accordance with regulation 7 below.
2
The operator of a scheme slaughterhouse may sell a controlled hide.
3
No person shall sell or deliver a controlled hide to any person except a registered hide dealer or a registered tannery controller.
4
No person shall remove trimmings or fleshings from a controlled hide, or split a controlled hide, except at a scheme slaughterhouse or a tannery controlled by a registered tannery controller.
Additional requirements in relation to tanneries
5
1
A registered tannery controller shall ensure that —
a
each controlled hide delivered to him is either processed or treated as controlled waste;
b
controlled hides delivered to him are stored and processed separately from any other hides; and
c
any place in which, or equipment with which, controlled hides are stored or processed is thoroughly cleaned before it is used to store or process any other hide or other material.
2
A registered tannery controller shall ensure that all controlled waste is either —
a
stained immediately it is removed from the hide, by being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent CI Acid Green (Colour Index No. 44025 ) in such a way that the colouring is clearly visible over the whole surface of the material; or
b
(in the case of trimmings and splits) processed as if it were a controlled hide.
3
Once controlled waste has been removed from the hide and stained in accordance with paragraph (2)(a) above, the person responsible for its removal and staining —
a
shall ensure that it is placed in an impervious sealed container, the exterior surface of which is clearly marked to show that it contains controlled waste; and
b
shall, without unreasonable delay, send it directly to an approved incinerator or an approved rendering plant.
Requirements in relation to approved rendering plants and approved incinerators
6
1
Any person delivering controlled waste to an approved rendering plant shall state in writing to the operator of the rendering plant concerned the place from which that controlled waste was collected for delivery to that rendering plant.
2
No person shall take delivery of controlled waste at a rendering plant, or operate a rendering plant for controlled waste, unless it is an approved rendering plant.
3
The operator of an approved rendering plant shall ensure that all controlled waste in the rendering plant is kept and stored separately from all other material, handled separately from other material and rendered separately from other material.
4
The operator of an approved rendering plant shall ensure that controlled waste is rendered without undue delay.
5
After controlled waste has been processed and separated into protein and tallow the operator of an approved rendering plant shall ensure that the protein and tallow are placed in separate containers each labelled “controlled waste” and consigned to a place specified in the approval of the plant or such other place as the appropriate Minister may direct.
6
The operator of an approved rendering plant shall ensure that the premises and equipment are kept in a good state of repair and that measuring equipment is calibrated at regular intervals.
7
Article 19(2), (4) and (5) of the Specified Bovine Material Order 1997 shall apply to the incineration of controlled waste as if it were specified bovine material.
Record keeping requirements
7
1
Every registered dealer and every registered tannery controller shall send to the appropriate Minister or to such other person as that Minister may direct, a weekly return in such form and by such means as the appropriate Minister may direct, setting out the information specified in Schedule 1 below, and shall retain a copy of that return.
2
No person shall despatch a consignment of controlled hides to any place (including another place under his control) unless the consignment is accompanied by a document in such form as the appropriate Minister may direct specifying —
a
the name and address of the person despatching the consignment;
b
the date of despatch;
c
the number and weight of the hides despatched; and
d
the destination to which they are despatched.
3
No person shall transport a consignment of controlled hides, unless it is accompanied by the document described in paragraph (2) above, completed as required by that paragraph.
4
No person shall accept delivery of a consignment of controlled hides unless —
a
it is accompanied by the document described in paragraph (2) above, completed as required by that paragraph;
b
he immediately completes that document so that it records his name and address and the date on which he received the consignment; and
c
he retains that document.
5
Any person who consigns controlled waste to an approved rendering plant or an approved incinerator shall keep a record of the weight consigned, the date of consignment and the destination to which it was consigned.
6
The operator of an approved rendering plant and of an approved incinerator shall record on arrival of controlled waste at the premises —
a
the weight of the controlled waste delivered;
b
the date of delivery; and
c
the place from which it was consigned.
7
The operator of an approved rendering plant shall keep a record of the weight of protein and of the weight of tallow consigned in accordance with regulation 6(5) above, and of the date and the point of destination of each consignment.
8
Any person who is required by this regulation to keep records, or to keep any document or a copy of any return, shall retain that record, document or copy for three calendar years from the end of the calendar year in which the record or document was created or the return completed.
Powers of entry and inspection
8
1
An authorised officer shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises (excluding premises used only as a dwelling) for the purposes of ascertaining whether there is or has been on the land or premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An authorised officer entering upon any place in accordance with paragraph (1) above may take with him such other persons acting under his instructions as he considers necessary.
3
An authorised officer may, for the purpose described in paragraph (1) above —
a
require a registered hide dealer, a registered tannery controller, the operator of a scheme slaughterhouse, approved rendering plant or an approved incinerator and the owner or occupier of any other place where the hides of bovine animals are kept to produce for inspection any bill, account, record or other document in his possession or under his control relating to the hides, the animals from which they were derived and any controlled waste and, where any such document is kept by means of a computer, require him to afford the authorised officer access to, and all necessary means to inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that document;
b
make copies of or take copies from any such document so produced; and
c
take samples (and, if necessary, send the samples for laboratory testing) from any product or material.
Offences and penalties
9
1
It shall be an offence for a person —
a
without reasonable excuse, to fail to comply with the provisions of regulations 4 to 7 above;
b
intentionally to obstruct an authorised person, or a person acting under his instructions, in the exercise of a power conferred by regulation 8 above;
c
without reasonable excuse, to fail to comply with a request made under regulation 8(3)(a) above; or
d
knowingly or recklessly to furnish any information that he is required to provide to the appropriate Minister under these Regulations which is false or misleading in a material particular.
2
A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Time limit for prosecutions
10
1
Proceedings for an offence under regulation 9 above may, subject to paragraph (2) below, be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.
2
No such proceedings shall be commenced by virtue of this regulation more than four years after the commission of the offence.
3
For the purposes of this regulation —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
4
In relation to proceedings in Scotland, section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
Offences by bodies corporate
11
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and liable to be proceeded against and punished in accordance with regulation 9 above.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he, as well as the partnership, shall be guilty of the offence and be liable to be proceeded against and punished in accordance with regulation 9 above.
Appointment of authorised officers
12
The appropriate Minister may appoint any person to be an authorised person for the purpose of these Regulations, and may suspend or revoke such appointment if it appears to the Minister that the person so appointed is unfit or unable to carry out the duties of an authorised officer.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
12th March 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
13th March 1997


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Traffic Signs (Temporary Obstructions) Regulations 1997 and shall come into force on 1st March 1998.
Revocation
2
The Traffic Signs (Temporary Obstructions) Regulations 1985 are hereby revoked.
Interpretation
3
1
In these Regulations —
“the 1994 Regulations ” means the Traffic Signs Regulations 1994 ;
“ EEA State” means a State which is a contracting Party to the Agreeement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the protocol signed at Brussels on 17th March 1993 ;
“flat traffic delineator” means a traffic sign which is of the size, colour and type prescribed by regulation 9;
“keep right sign” means a traffic sign which is of the size, colour and type prescribed by regulation 8;
“reflectorised” means illuminated with retroreflecting material, that is to say material which reflects a ray of light back towards the source of that light;
“road vehicle sign” means a traffic sign which is of the size, colour and type prescribed by regulation 10;
“traffic cone” means a traffic sign which is of the size, colour and type prescribed by regulation 11;
“traffic pyramid” means a traffic sign which is of the size, colour and type prescribed by regulation 12;
“traffic triangle” means a traffic sign which is of the size, colour and type prescribed by regulation 13; and
“warning lamp” means a traffic sign which is of the size, colour and type prescribed by regulation 14.
2
Unless otherwise specified, a reference in these Regulations to a numbered regulation or to a numbered Schedule is a reference to the regulation of or, as the case may be, the Schedule to these Regulations so numbered.
3
The dimensions given in the diagrams in the Schedules to these Regulations are all in millimetres.
PART II
SIGNIFICANCE OF TRAFFIC SIGNS
Keep right sign
4
1
In addition to the requirement conveyed by the sign shown in diagram 610 of the 1994 Regulations in accordance with those Regulations, a keep right sign shall convey to vehicular traffic a warning of a temporary obstruction.
2
Section 36 of the Road Traffic Act 1988 shall apply to the keep right sign.
Flat traffic delineator and traffic cone
5
In addition to indicating the edge of a route for vehicular traffic through or past a temporary obstruction, in accordance with the 1994 Regulations, a traffic cone and a flat traffic delineator shall each convey to such traffic on a road a warning of an obstruction in the road.
Road vehicle sign
6
A road vehicle sign shall convey to vehicular traffic using a road a warning of a temporary obstruction in the road caused by a stationary vehicle.
Traffic pyramid, traffic triangle and warning lamp
7
A traffic pyramid, a traffic triangle and a warning lamp shall each convey to vehicular traffic using a road a warning of a temporary obstruction in the road, other than an obstruction caused by the carrying out of works.
PART III
SIZE, COLOUR AND TYPE OF TRAFFIC SIGNS
Keep right sign
8
A keep right sign shall consist of a device which is —
a
of the colour and type of the traffic sign shown in diagram 610 of Schedule 2 to the 1994 Regulations varied so that the arrow points downwards to the right;
b
of the size shown in that diagram except that its minimum diameter shall be 900 millimetres instead of 270 millimetres; and
c
illuminated in accordance with the provisions of paragraph (2) in column (3) of item 1 of Schedule 17 to the 1994 Regulations.
Flat traffic delineator
9
A flat traffic delineator shall consist of a device which is of the type specified in, and complies with the provisions of, regulation 44(3) of the 1994 Regulations and is of the colour and type of the traffic sign shown in the two parts of diagram 7102 in Schedule 12 to those Regulations, except that —
a
its minimum height may be 450 millimetres instead of 750 millimetres; and
b
it shall not have the optional white strip on its base referred to in regulation 44(3)(a) and shown in the second part of diagram 7102.
Road vehicle sign
10
A road vehicle sign shall consist of a device which is of the size, colour and type specified in the diagram in Schedule 1.
Traffic cone
11
A traffic cone shall consist of a device which —
a
complies with the requirements of regulation 44(1) of the 1994 Regulations; and
b
is of the size, colour and type of the traffic sign shown in diagram 7101 in Schedule 12 to the 1994 Regulations.
Traffic pyramid
12
A traffic pyramid shall consist of a device which is —
a
pyramidically shaped with at least 3 visible faces, each of which is of the size and colour specified in one of the diagrams in Schedule 2;
b
made of rubber or flexible plastic material; and
c
so constructed that it can stand upright firmly on the surface of a road.
Traffic triangle
13
A traffic triangle shall consist of a device which is —
a
of the size, colour and type specified in either of the diagrams in Schedule 3; and
b
legibly and permanently marked —
i
in the case of a triangle of the size, colour and type specified in the first diagram in Schedule 3, with the specification number of the British Standard for an Advance Warning Triangle to indicate a temporary obstruction, namely BS :AU47:1965 as amended by amendment No. 1 of 6th May 1966, or the specification number of an equivalent standard which has been approved by a recognised standardising body in an EEA State; or
ii
in the case of a triangle of the size, colour and type specified in the second diagram in Schedule 3, with the marking designated as an approval mark by regulation 4 of the Motor Vehicles (Designation of Approval Marks) Regulations 1979 and shown in item 27 of Schedule 2 to those Regulations.
Warning lamp
14
A warning lamp shall consist of a device which —
a
shows an intermittent amber light having a flashing rate of not less than 55 nor more than 150 flashes per minute; and
b
is illuminated by either —
i
a single source of light; or
ii
two or more sources of light mounted adjacent to each other and flashing in such a manner that all the sources of light are illuminated and extinguished simultaneously.
PART IV
PLACING OF TRAFFIC SIGNS
Authorisation to place traffic signs
15
1
Subject to paragraph (4) of this regulation, a person who is in charge of or accompanies an emergency or a breakdown vehicle which is temporarily obstructing a road is hereby authorised to place a keep right sign for the purpose of warning vehicular traffic of the obstruction created by the vehicle and to indicate the way past the vehicle.
2
Subject to paragraph (4) of this regulation, any person not otherwise authorised to do so is hereby authorised to place a road vehicle sign on a vehicle or a flat traffic delineator, traffic cone, traffic pyramid, traffic triangle or warning lamp on any road for the purpose of warning traffic of a temporary obstruction in the road, other than one caused by the carrying out of works.
3
In paragraph (1) above, the expressions “emergency vehicle” and “breakdown vehicle”have the meanings given in regulation 3(2) of the Road Vehicles Lighting Regulations 1989 .
4
The authorisations given by paragraphs (1) and (2) of this regulation are subject to the conditions specified in regulation 16.
Conditions of authorisation
16
1
In this regulation —
a
“placed” in relation to a traffic sign means placed in pursuance of an authorisation given by regulation 15;
b
references to “the obstruction” are to the temporary obstruction in relation to which a traffic sign is placed; and
c
references to “the road” are to the road on which the obstruction is situated.
2
A traffic sign which has been placed shall be removed as soon as the obstruction has been removed.
3
A flat traffic delineator, keep right sign, traffic cone, traffic pyramid or traffic triangle shall be placed in an upright position.
4
A flat traffic delineator, keep right sign, traffic cone or traffic pyramid shall be placed so as to guide traffic past the obstruction.
5
A traffic sign referred to in column (2) of an item in the table below may be placed only if the conditions specified in column (3) of the item are complied with.
TABLE
(1) (2) (3) Item Traffic sign Conditions
1. Flat traffic delineator
1
At least three other flat traffic delineators must also be placed in relation to the obstruction.
2
Each flat traffic delineator must be so placed as to face traffic approaching the obstruction from the side of the obstruction on which it is placed.
2. Road vehicle sign
1
It must be placed to face traffic approaching the stationary vehicle from the front, rear or side of the vehicle on which it is placed.
2
It must be securely fixed to the stationary vehicle.
3
It must not obscure any registration plate, lamps or reflectors of the stationary vehicle.
3. Traffic cone At least three other traffic cones must also be placed in relation to the obstruction. 4. Traffic pyramid At least three other traffic pyramids must also be placed in relation to the obstruction. 5. Traffic triangle
1
A traffic triangle must be placed at least 45 metres away from the obstruction.
2
A traffic triangle must be so placed as to face traffic approaching the obstruction from the side of the obstruction on which it is placed.
6. Warning lamp
1
A warning lamp may be used only in conjunction with another traffic sign lawfully placed in accordance with these Regulations being —
a
a flat traffic delineator;
b
a keep right sign;
c
a road vehicle sign;
d
a traffic cone;
e
a traffic pyramid; or
f
a traffic triangle
and shall be so placed as not to obscure that other traffic sign from the view of approaching traffic.
2
Not more than one warning lamp shall be placed in conjunction with each such other traffic sign.
PART V
SAVINGS
Saving for the 1994 Regulations
17
Nothing in these Regulations shall affect regulation 41 (temporary traffic signs) of the 1994 Regulations.
The Motorways Traffic (England and Wales) Regulations 1982 and the Motorways Traffic (Scotland) Regulations 1995
18
Nothing in the Motorways Traffic (England and Wales) Regulations 1982 or the Motorways Traffic (Scotland) Regulations 1995 shall preclude any person, acting in accordance with an authorisation conferred by Part IV of these Regulations, from placing a flat traffic delineator, keep right sign, traffic cone, traffic pyramid, traffic triangle or warning lamp on, or having placed it there removing it from, a special road to which either of those Regulations apply.
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
11th December 1997
Henry McLeish
Minister of State, Scottish Office
18th December 1997
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
16th December 1997


text:
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No. 2) Regulations 1997 and shall come into force on 9th December 1997.
2
In regulation 3(1) of the Taxes (Interest Rate) Regulations 1989 , in sub-paragraph (b), for the words “paragraph 6B of Schedule 3 to” there shall be substituted the words “section 118F of, and paragraph 6B of Schedule 3 to,”.
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
17th November 1997


text:
Citation and commencement
1
1
This Order may be cited as the Contracting Out (Functions in relation to the provision of Guardians Ad Litem and Reporting Officers Panels) Order 1997.
2
This Order shall come into force on the day after the day on which it is made.
Contracting out of functions in relation to the provision of panels of guardians ad litem and reporting officers
2
Any function of a local authority which is conferred by Regulations made under section 41(7) and (9) of the Children Act 1989 or section 65A(1) and (2) of the Adoption Act 1976 may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by that local authority.
Revocation of the Contracting Out (Functions in relation to the provision of Guardians Ad Litem and Reporting Officers Panels) Order 1996
3
The Contracting Out (Functions in relation to the provision of Guardians Ad Litem and Reporting Officers Panels) Order 1996 is hereby revoked.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
30th June 1997


text:
Citation and Commencement
1
This Order may be cited as the Merchant Shipping (Oil Pollution) (Falkland Islands) Order 1997 and shall come into force on 30th November 1997.
Implementation of the Liability and Fund Conventions
2
Sections 152 to 170 and 172 to 181 of, and Schedule 5 to the Merchant Shipping Act 1995, subject to the exceptions, adaptations and modifications specified in the Schedule to this Order, shall extend to the Falkland Islands, and any instrument made, or to be made, under section 152(2), 157(2), 157(4), 172(2) and 176(5) shall also extend to the Falkland Islands.
Interpretation
3
In this Order —
a
a reference to a fine of a level on the standard scale is a reference to a fine of that level on the standard scale having effect under section 4 of the Criminal Justice Ordinance 1989 ;
b
“statutory maximum” means such sum as is for the time being the prescribed sum for the purposes of section 32 of the Magistrate’s Courts Act 1980 .
Revocations
4
The following Orders, to the extent that they apply to the Falkland Islands, are hereby revoked —
a
The Merchant Shipping (Oil Pollution) (Falkland Islands) Order 1975 ;
b
The Merchant Shipping (Oil Pollution) (Falkland Islands) (Amendment) Order 1976 ;
c
The Merchant Shipping (Oil Pollution) (Falkland Islands) (Amendment) Order 1981 .
N.H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Protection of Wrecks (Designation No. 2) Order 1997 and shall come into force on 8th August 1997.
Identification of site and designation of restricted area
2
1
The site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed and in respect of which this Order is made is in position Latitude 54°39.50' North, Longitude 01°10.71' West.
2
The area within a distance of 100 metres of that position, but excluding any part of that area which lies above the high-water mark of ordinary spring tides, shall be a restricted area for the purposes of the Protection of Wrecks 1973.
Signed by authority of the Secretary of State for National Heritage
Tony Banks
Parliamentary Under Secretary of State
16th July 1997


text:
Citation, commencement and scope
1
1
These Regulations may be cited as the Medicines (Products for Animal Use — Fees) Regulations 1997 and shall come into force on 1st July 1997.
2
These Regulations apply only to fees relating to products for animal use.
Interpretation
2
1
In these Regulations, unless the context requires otherwise —
“abridged standard application” means an application for a marketing authorisation, other than a simple application which, by virtue of regulation 4(8) of the 1994 Regulations , need not be accompanied by the results of tests and trials of the type specified in Article 5.10 of Directive 81/851/EEC because the applicant has demonstrated that he is entitled to the benefit of paragraph (a)(i), (ii) or (iii) of that Article;
“ the Act ” means the Medicines Act 1968 ;
“active ingredient” means the ingredient of a product in respect of which efficacy is claimed;
“application for assistance in connection with a mutual recognition application” means a request for the preparation of an assessment report of the type required by virtue of the second paragraph of Article 17.3 of Directive 81/851/EEC in order to make an application to another member State for mutual recognition of a marketing authorisation, or the updating of an existing assessment report for the purpose of enabling such an application to be made, and includes any assistance given of the type specified in Articles 18.2 and 18.3 of that Directive in connection with a subsequent application for mutual recognition in relation to which the assessment report or updated assessment report has been prepared;
“biological product” includes an antigen, toxin, antitoxin, toxoid, serum, antiserum or vaccine or a fraction of any such product;
“complex application” means an application, other than a major application for, or for a variation of, a marketing authorisation or product licence where the application —
relates to a product which is intended to be used in accordance with an indication for use in respect of a different species of animal or as treatment for a new medicinal purpose;
relates to a product containing a new combination of active ingredients which have not previously been included in that combination in a product in respect of which a marketing authorisation or product licence for animal use (other than product licence of right) has previously been granted in the United Kingdom;
relates to a product containing a new adjuvant or a new excipient;
relates to a product which is intended to be administered by a route of administration different from that used in the administration of any product which contains the same active ingredient as the product in question and in respect of which a marketing authorisation or a product licence for animal use (other than a product licence of right) has previously been granted in the United Kingdom;
relates to a sterile product the manufacture of which involves a method of sterilisation different from that used in the manufacture of any product which contains the same active ingredient as the product in question and in respect of which a marketing authorisation or product licence for animal use (other than a product licence of right) has previously been granted in the United Kingdom;
relates to a product containing an active ingredient the manufacture of which involves a route of synthesis (or, in the case of a product not synthetically produced, a method of manufacture) different from that used in the manufacture of the active ingredient of any product which contains the same active ingredient as the product in question and in respect of which a marketing authorisation or product licence for animal use (other than a product licence of right) has previously been granted in the United Kingdom;
relates to a biological product containing an active ingredient, the manufacture of which involves a growth substrate different from that used in the manufacture of the active ingredient of any product which contains the same active ingredient as the product in question and in respect of which a marketing authorisation or product licence has previously been granted in the United Kingdom;
relates to a product which is a controlled release preparation and a marketing authorisation or product licence for animal use (other than a product licence of right) for such a preparation constituting the same active ingredient as the product in question has not previously been granted in the United Kingdom;
relates to a sterile product the container of which is directly in contact with the product and is made from different a material from the container of any product which contains the same ingredient as the product in question and in respect of which a marketing authorisation or product licence for animal use (other than a product licence of right) has previously been granted in the United Kingdom;
names as manufacturer of the active ingredient of the product in question a different manufacturer from the manufacturer of the active ingredient of any product which contains the same active ingredient as the product in question and in respect of which a marketing authorisation or product licence for animal use (other than a product licence of right) has previously been granted in the United Kingdom; or
relates to a biological product containing an active ingredient derived from a strain of micro-organism different from that used in the manufacture of the active ingredient of any product which contains the same active ingredient as the product in question and in respect of which a marketing authorisation or product licence has previously been granted in the United Kingdom;
“Directive 81/851/EEC” means Council Directive 81/851/ EEC on the approximation of the laws of the Member States relating to veterinary medicinal products as amended by Council Directives 90/676/EEC and 93/40/EEC and as extended by Directive 90/677/EEC and widened by Directive 92/74/EEC ;
“Directive 90/677/EEC” means Council Directive 90/677/EEC extending the scope of Directive 81/851/EEC on the approximation of the laws of the Member States relating to veterinary medicinal products and laying down additional provisions for immunological veterinary medicinal products;
“Directive 92/74/EEC” means Council Directive 92/74/EEC widening the scope of Directive 81/851/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to veterinary medicinal products and laying down additional provisions on homoeopathic veterinary medicinal products;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 and as amended by the Decision of the EEA Joint Committee No. 7/94 ;
“EEA State” means a State which is a Contracting Party to the EEA Agreement other than the United Kingdom;
“emergency vaccines” means vaccines manufactured or assembled only from material obtained from the particular animal, flock or herd intended to be vaccinated in circumstances in which no other suitable authorised or licensed vaccines are readily available for such use;
“immunological Veterinary Medicinal Product” has the same meaning as in the Directive 90/677/EEC;
“major application” means an application for a marketing authorisation or product licence in respect of a product containing a new active ingredient;
“marketing authorisation” means an authorisation to place on the market in the United Kingdom a Veterinary Medicinal Product but shall not include a marketing authorisation granted by the Community in accordance with the provisions of Council Regulation (EEC) No. 2309/93 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products ;
“marketing authorisation (parallel import)” means a marketing authorisation granted by the Ministers in respect of a Veterinary Medicinal Product which is imported into the United Kingdom from another EEA State for which there has been granted a marketing authorisation by an EEA State and which has no different therapeutic effect from a Veterinary Medicinal Product for which a marketing authorisation has already been granted in the United Kingdom;
“medicinal product” includes any substances or article specified in any Order made under —
section 104 or 105(1)(a) of the Act which directs that Part II of the Act shall have effect in relation to such substance or article; or
section 130(3A) of the Act ,
and includes any substance or article to be administered in a medicinal test on animals under section 32(6)(c) of the Act;
“the Ministers” has the meaning given by regulation 1(4) of the 1994 Regulations;
“mutually recognised marketing authorisation” means a marketing authorisation which has been mutually recognised by another member State;
“new active ingredient” means —
an active ingredient that has not previously been included as an active ingredient in a product in respect of which a marketing authorisation or product licence for animal use (other than a product licence of right) has previously been granted in the United Kingdom; or
an active ingredient in a product derived from genetically engineered micro-organisms, recombinant DNA technology or monoclonal antibodies; or
in the case of a biological product, a vaccine of a particular micro-organism whether in a live or inactivated form, other than a vaccine of a particular micro-organism which is derived from a strain of micro-organism which is antigenetically similar to that used in the manufacture of the active ingredient of a product in respect of which a marketing authorisation or product licence (not being a product licence of right) has previously been granted in the United Kingdom;
“new excipient” means any ingredient of a product, other than an active ingredient, that has not previously been included in a product —
which is intended to be administered by the same route of administration as that product; and
in respect of which a marketing authorisation or product licence for animal use (other than a product licence of right) has previously been granted in the United Kingdom,
except that, in the case of a product intended to be administered orally, the expression does not include any ingredient specified in any enactment (including an enactment comprised in subordinate legislation) as an approved ingredient or additive —
in food or food products; or
in animal feedingstuffs where the product is intended for administration after being incorporated in the feedingstuff;
“product” means —
a Veterinary Medicinal Product, where it is used solely in relation to an application for, or relating to, a marketing authorisation; and
a medicinal product where it is used solely in relation to any other application;
except that, where it is used in relation to both an application for, or relating to, a marketing authorisation and any other application, it shall mean both a Veterinary Medicinal Product and a medicinal product;
“reference member State” has the meaning given by Article 2.2 of Regulation ( EC ) No. 541/95 ;
“Regulation (EC) No. 541/95 ” means Commission Regulation (EC) No. 541/95 concerning the examination of variations to the terms of a marketing authorisation granted by a competent authority of a Member State;
“the 1994 Regulations” means the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 ;
“relevant authority” insofar as it is used in relation to a marketing authorisation, or an application for, or relating to, such an authorisation, means the Ministers, and otherwise means the licensing authority;
“simple application” means an application for a marketing authorisation or product licence when the application —
is made by reference to an application for a particular product (“the existing product”) in respect of which a marketing authorisation or product licence for animal use (other than a product licence of right) has previously been granted;
is made by permission of the marketing authorisation or licence holder for the existing product;
relates to a product which is in all the following respects the same as the existing product —
the formulation is identical;
it is intended to be used in accordance with the same indications;
it is intended to be administered by the same route of administration;
the manufacturer named in the application is the same as the manufacturer of the existing product;
the method of manufacture is the same; and
in the case of a sterile product the method of sterilisation is the same and the container which is directly in contact with the product is made from the same material;
“standard application” means an application which is not a major, complex, abridged standard or simple application; and
“Veterinary Medicinal Product” means a veterinary medicinal product of the type specified in Article 1.2 of Directive 81/851/EEC and to which the provisions of that Directive apply.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Directive 81/851/EEC and Regulation (EC) No. 541/95 .
3
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered regulation or to a numbered Schedule is a reference to the regulation of or the Schedule to these Regulations so numbered in these Regulations;
b
any reference in a regulation or a Schedule or Part of a Schedule to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule or Part of a Schedule in which the reference occurs; and
c
any reference in a Schedule or Part of a Schedule to a lettered table is a reference to the table so lettered in the Schedule or Part of a Schedule in which the reference occurs.
4
Part 1 of Schedule 1 shall have effect for the purpose of the interpretation of Schedule 1.
Fees relating to applications for the grant of marketing authorisations, product licences, manufacturer’s licences, wholesale dealer’s licences and animal test certificates
3
Subject to the following provisions of these Regulations, there shall be payable by the applicant in connection with an application for the grant of a marketing authorisation, a product licence, a manufacturer’s licence, a wholesaler dealer’s licence or an animal test certificate the relevant fee prescribed in Part II of Schedule 1.
Fees relating to applications for assistance in connection with mutual recognition applications
4
Subject to the following provisions of these Regulations, there shall be payable by the applicant in connection with an application for assistance in connection with a mutual recognition application the relevant fee prescribed in Part III of Schedule 1.
Fees relating to applications for the variation of marketing authorisations, product licences, manufacturer’s licences, wholesale dealer’s licences and animal test certificates
5
Subject to the following provisions of these Regulations, there shall be payable by the applicant in connection with an application for the variation of a marketing authorisation, a product licence, a manufacturer’s licence, a wholesale dealer’s licence or an animal test certificate the relevant fee prescribed in Part IV of Schedule 1.
Applications relating to multiple variations
6
A separate fee shall be payable in respect of each variation of each provision of a marketing authorisation, licence or certificate applied for in any one application except that no separate fee shall be payable in respect of any variation which is related to or is consequential upon another variation of a provision of the same marketing authorisation, licence or certificate in the same application.
Variations at the invitation of the relevant authority
7
No fee shall be payable for a variation made at the express written invitation of the relevant authority.
Fees relating to application for the renewal of marketing authorisations, product licences, manufacturer’s licences and animal test certificates
8
Subject to the following provisions of these Regulations, in connection with an application for the renewal of a marketing authorisation, a product licence, a manufacturer’s licence or an animal test certificate there shall be payable by the applicant the relevant fee prescribed in Part V of Schedule 1.
Fees relating to applications for the renewal of marketing authorisations, product licences, manufacturer’s licences and animal test certificates in terms which are not identical to the existing marketing authorisation, licence or certificate
9
Where an applicant applies for renewal of a marketing authorisation, a product licence, a manufacturer’s licence or an animal test certificate so as to contain provisions which are not identical to that marketing authorisation, licence or certificate as in force at the date of that application, there shall be payable by the applicant the renewal fee plus the fee which would have been payable had a separate application been made for each variation.
Fees relating to site inspections
10
1
Subject to the following provisions of these Regulations, in respect of any inspection carried out in connection with an application for the grant, variation or renewal of a manufacturer’s licence there shall be payable by the applicant the relevant fee prescribed in Schedule 2.
2
Subject to paragraph (4), the holder of a manufacturer’s licence shall pay the relevant fee prescribed in Schedule 2 in respect of any inspection of a site relating to that licence (except for any inspection for which a fee is payable relating to the grant, variation or renewal of a licence).
3
Where a manufacturing site outside the European Union is specified, and the site is inspected, the fee prescribed in Schedule 2 shall be payable by the marketing authorisation or product licence holder; and if there is more than one marketing authorisation or product licence holder, a fee shall be payable by each marketing authorisation or product licence holder, which shall be the amount prescribed in Schedule 2 divided between the holders of the marketing authorisations or product licences, as the case may be, in proportion to the number of marketing authorisations or product licences held.
4
No fee shall be payable in respect of any inspection of a site carried out within 6 months of a previous inspection in order to ascertain whether alterations or improvements to the premises concerned, which were required in writing by the relevant authority as the result of that previous inspection, have been implemented.
Marketing authorisations and product licences: annual fees
11
The holder of any marketing authorisation or product licence shall pay an annual fee calculated in accordance with Schedules 3 and 4 in respect of each calendar year in which he has sold, supplied or manufactured any product to which the marketing authorisation or product licence relates.
Manufacturer’s licences: annual fees
12
The holder of a manufacturer’s licence, other than one specified in paragraph 7(2) of Part II of Schedule 1, shall pay an annual fee of £220 payable on each anniversary of the grant of the licence.
Wholesale dealer’s licences: annual fees
13
1
The holder of a wholesale dealer’s licence, other than one specified in paragraph (2), shall pay an annual fee of £440 payable on each anniversary of the grant of the licence.
2
In the case of the holder of a wholesale dealer’s licence who has a turnover in products of less than £40,000 the annual fee for such a licence, if it is accompanied by a declaration certifying the low turnover, shall be £220 and shall be payable on each anniversary of the grant of the licence.
3
For the purposes of this regulation, “turnover” means the gross value of all authorised or licensed products sold by way of wholesale dealing by the licence holder in the United Kingdom during the previous calendar year.
Fees payable for the registration of Homoeopathic Veterinary Medicinal Products
14
1
Subject to paragraphs (4) and (5), the relevant fee prescribed in Part II of Schedule 5 shall be payable by a person who applies to the Ministers to register a product.
2
Subject to paragraph (4) a fee of £75 shall be payable by a person who applied to the Ministers to renew the registration of a product.
3
Subject to paragraph (4) a fee of £85 shall be payable by a person who applies to the Ministers for authorisation to alter an Article 8 dossier relating to a registered product.
4
No fee shall be payable in connection with the registration of a product, the renewal of a registration of a registered product, or the alteration of an Article 8 dossier relating to a registered product, which is made or carried out at the express written invitation of the Ministers.
5
The Ministers shall waive or refund payment of any fee otherwise payable under paragraph (1) in the circumstances and to the extent specified in Part III of Schedule 5.
6
For the purposes of this Regulation the terms —
Article 8 dossier
;
the Board
;
the Ministers
;
product
; and
registered
,
shall have the meanings respectively given to such terms by regulation 2(1) of the Registration of Homoeopathic Veterinary Medicinal Products Regulations 1997 , as read, in the case of the expression “the Ministers”, with regulation 2(5) of those Regulations and Part I of Schedule 5 shall have effect for the purpose of the interpretation of Schedule 5.
Marketing authorisations, product licences and animal test certificates: fees for references to the Veterinary Products Committee or to the Medicines Commission
15
In respect of any reference to the Veterinary Products Committee or to the Medicines Commission —
a
under section 21 of the Act in connection with a product licence or an animal test certificate; or
b
under regulation 12(1)(a) of the 1994 Regulations in connection with a marketing authorisation,
there shall be payable by the applicant at the time of the reference, the relevant fee prescribed in Schedule 6.
Payment of fees to the Minister
16
Any fee payable under these Regulations shall be payable to the Minister of Agriculture, Fisheries and Food within 30 days from the due date following written notice requiring the payment of the fee and all unpaid sums due by way of any fee so payable shall be recoverable as debts due to the Crown.
Time for payment of fees in connection with applications or inspections and refunds of such fees
17
1
All fees payable under these Regulations in connection with any application (other than fees for inspections) shall be payable at the time of that application.
2
If, following either the determination of an application or an inspection, it becomes apparent that —
a
a lesser fee was properly payable, the excess shall be refunded to the applicant, or as the case may be, the holder of the marketing authorisation, licence or certificate concerned, within 30 days of a request for a refund; or
b
a higher fee was properly payable, the balance due shall be payable within 30 days following written notice from the relevant authority to the applicant or, as the case may be, the holder of the marketing authorisation, licence or certificate concerned.
3
All fees for inspections made either in connection with an application or during the currency of a marketing authorisation or licence shall become payable within 30 days of the due date following written notice from the relevant authority.
Late payment of annual fees
18
1
Where the annual fee for a marketing authorisation or product licence has not been paid by the end of the period of 30 days from the due date, a further fee, calculated in accordance with the provisions of the following paragraphs, shall be payable.
2
The further fee referred to in the preceding paragraph shall be an amount equivalent to —
a
1% of the annual fee payable if payment is made after 30 days and before 61 days;
b
2% of the annual fee payable if payment is made after 60 days and before 91 days; and
c
5% of the annual fee payable if payment is made after 90 days.
3
In calculating the sum due under the preceding paragraph the further fee payable shall in all cases be rounded up to the nearest £10.
4
Where the holder or former holder of a marketing authorisation or product licence has not furnished evidence of his annual turnover in accordance with the provisions of Part I of Schedule 3 so that the annual fee payable cannot be determined before the due date, he may make a payment of an amount on account of the annual fee payable by him (in this regulation referred to as a “payment on account”).
5
Where the holder or former holder of a marketing authorisation or product licence has made a payment on account in the circumstances mentioned in the preceding paragraph the further fee payable by him shall be calculated as if, in paragraph (2) above, the reference to the annual fee payable were to the difference between the payment on account and the amount of the annual fee as subsequently determined.
6
In regulations 16 to 18 —
a
“due date” means the date upon which an annual fee became payable following written notice from the relevant authority; and
b
references to a period calculated from a day are references to the period inclusive of that day.
Suspension of licences and certificates
19
Where any sum due by way of, or on account of, any fee or any part thereof payable under these Regulations remains unpaid by the holder of a licence or certificate, the relevant authority may serve a notice on him requiring payment of the sum unpaid and, if after a period of one month from the date of service of such notice, or such longer period as the relevant authority may allow, the said sum remains unpaid, the relevant authority may forthwith suspend the licence or certificate until such sum has been paid.
Waiver, reduction or refund of fees
20
The relevant authority may waive payment of any fee, reduce any fee or part of a fee otherwise payable under these Regulations or refund the whole or part of any fee already so paid in exceptional circumstances or in any of the circumstances specified in Schedule 7.
Revocation and savings
21
1
Subject to paragraph (2), the following Regulations are hereby revoked —
a
the Medicines (Products for Animal Use — Fees) Regulations 1995 ;
b
the Medicines (Products for Animal Use — Fees) (Amendment) Regulations 1996 ; and
c
the Registration of Homoeopathic Veterinary Medicinal Products (Fees) Regulations 1996 .
2
Paragraph (1) shall not affect —
a
any notice given or any suspension made under those Regulations and any such notice or suspension shall have effect as if given or made under these Regulations; and
b
any proceedings instituted under those Regulations.
Transitional provisions
22
1
Subject to paragraphs (2), (3) and (4), these Regulations shall not apply to any application made before the date these Regulations come into force.
2
A fee shall be payable in respect of any inspection made or any product testing required after the date these Regulations come into force in connection with any application made before that date as if these Regulations applied to that application.
3
Where an application to renew a marketing authorisation, licence or certificate is made before the date these Regulations come into force, and the authorisation, licence or certificate is due to expire on or after that date the fee shall be that payable under these Regulations, and the balance due shall be payable within 30 days following written notice from the relevant authority.
4
Nothing in these Regulations shall have effect in relation to an annual fee relating to a calendar year earlier than 1996.
Signed by authority of the Secretary of State for Health
Baroness Jay
Minister of State,
Department of Health
4th June 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
9th June 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
5th June 1997
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
31st May 1997
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland
D.C. Gowdy
Permanent Secretary
4th June 1997
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland
P.J. Small
Permanent Secretary
3rd June 1997
We consent,
Graham Allen
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd June 1997


text:
Citation and commencement
1
This Order may be cited as the Homelessness (Persons subject to Immigration Control) (Amendment) Order 1997 and shall come into force on 28th March 1997.
Classes specified under section 9(2)
2
In the Housing Accommodation and Homelessness (Persons subject to Immigration Control) Order 1996 , for the description of Class F, substitute —
a person (other than a person falling within Class E) —
who on or before 4th February 1996 made a claim for asylum;
who was on that date entitled to benefit under the Housing Benefit (General) Regulations 1987 ; and
either —
whose claim has not been recorded by the Secretary of State as having been determined or abandoned; or
whose claim has been recorded as determined on or before 4th February 1996; and
whose appeal in respect of that claim was pending on 5th February 1996 or was made within the time limits specified in the rules of procedure made under section 22 of the 1971 Act; and
whose appeal in respect of that claim has not been determined or abandoned.
.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
5th March 1997