text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Control of Pesticides (Amendment) Regulations 1997 and shall come into force on the day after the day on which they are made.
2
In these Regulations “the principal Regulations ” means the Control of Pesticides Regulations 1986 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 9 of these Regulations and any reference in those provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified of the principal Regulations.
3
For paragraph (1) of regulation 2 there shall be substituted the following paragraph —
1
In these Regulations, unless the context otherwise requires —
“the 1985 Act ” means the Food and Environment Protection Act 1985;
“active ingredient” means a component of a pesticide which fits it for use as a pesticide;
“aerial application” means the application of a pesticide from an aircraft in flight;
“agricultural” has the meaning assigned to it in section 24(1) of the 1985 Act;
“approval” means an approval given jointly by the Ministers under regulation 5 in relation to a pesticide and “approved” shall be construed accordingly;
“contravenes” includes “fails to comply with”;
“creature” has the meaning assigned to it in section 24(1) of the 1985 Act;
“crops” has the meaning assigned to it in section 24(1) of the 1985 Act;
“full approval” has the meaning assigned to it in regulation 5(2)(c);
“ground water” means any waters contained in underground strata;
“organism” means any animal, plant, fungus or micro-organism capable of carrying on life processes;
“pesticide” has the meaning assigned to it in section 16(15) of the 1985 Act;
“plants” has the meaning assigned to it in section 24(1) of the 1985 Act;
“provisional approval” has the meaning assigned to it in regulation 5(2)(b);
“sell” includes offer or expose for sale or have in possession for the purpose of sale and “sale” shall be construed accordingly;
“substance” means any chemical element or compound which occurs naturally or by manufacture and includes any impurity which results from the manufacturing process;
“supply” includes offer to supply;
“surface water” means estuarial and coastal waters and any lake, loch, pond, reservoir, river, stream or watercourse including the bottom, channel or bed of any lake, loch, pond, reservoir, river, stream or, as the case may be, watercourse which is for the time being dry.
.
4
For regulation 3 there shall be substituted the following regulation —
Scope
3
1
Subject to the following provisions of this regulation, these Regulations apply to —
a
any pesticide; or
b
any substance, preparation or organism prepared or used for any of the following purposes —
i
protecting plants or wood or other plant products from harmful organisms;
ii
regulating the growth of plants;
iii
giving protection against harmful creatures;
iv
rendering such creatures harmless;
v
controlling organisms with harmful or unwanted effects on water systems (including sewage treatment works), buildings or other structures, or on manufactured products;
vi
protecting animals against ectoparasites;
as if it were a pesticide.
2
These Regulations do not apply to —
a
organisms, other than bacteria, protozoa, fungi, viruses and mycoplasmas, used for destroying or controlling pests;
b
substances, preparations or organisms whose use or sale within the United Kingdom is controlled under any of the following enactments —
i
the Medicines Act 1968 ;
ii
Part IV of the Agriculture Act 1970 ;
iii
the Food Safety Act 1990 ;
iv
the Cosmetic Products (Safety) Regulations 1984 ;
v
the Water Supply (Water Quality) Regulations 1989 ;
vi
the Water Supply (Water Quality) (Scotland) Regulations 1990 ,
when those substances, preparations or organisms are used or sold for the purpose over which control under that enactment is exercised;
c
substances, preparations or organisms controlled by the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 ;
d
any plant protection product the placing on the market and use of which are subject to the prohibitions specified in regulation 3(1) and (2) of the Plant Protection Products Regulations 1995 or which is approved under regulation 9 of those Regulations ;
e
substances, preparations or organisms prepared or used for the purpose of disinfecting, bleaching or sterilising any substance (including water), other than soils, compost or other growing medium;
f
substances, preparations or organisms used in laboratories for the purpose of the micropropagation of plants or substances, preparations or organisms used in the production of novel food;
g
substances, preparations or organisms designed and used for —
i
the stimulation of the growth of plants, excluding materials which act as plant growth hormones, or which mimic the action of such materials;
ii
the modification of micro-biological processes in soil, excluding soil sterilants;
iii
assistance in the anaerobic fermentation of silage;
h
substances, preparations or organisms designed and used for destroying or controlling pests by purely physical means;
i
pesticides —
i
used in adhesive pastes, decorative paper or textiles;
ii
intended solely for exportation from the United Kingdom;
iii
applied externally or by impregnation as part of a manufacturing process, other than —
aa
in the preservation of timber or timber products, the production of food or the treatment of seed, compost or any other growing medium, or
bb
for the purpose of preventing the fouling of the hulls of vessels or structures below the waterline, or
cc
for the treatment of nets, floats or other apparatus to be used in the cultivation of fish;
iv
used in preparations intended for topical application to human beings for the purpose of repelling insects;
v
used in metal working fluids;
vi
used in paint for the sole purpose of preserving the paint;
vii
used in water-based cooling or heating systems, humidifying systems or swimming pools.
3
In this regulation —
“disinfecting” means destroying micro-organisms other than bacterial spores;
“metal working fluid” means any fluid used to facilitate the cutting, drilling, forming or machining of metal;
“micropropagation” means the growth of plantlets from tissue culture or small parts of a plant in culture solution and under conditions which are sterile apart from the presence of the plant;
“mycoplasma” means a genus of organisms which have a unit membrane without a rigid cell wall and are highly pleomorphic, having no independent form or spore stage in the life cycle;
“novel food” has the same meaning as in section 18(3) of the Food Safety Act 1990;
“paint” includes surface coatings;
“pest” has the meaning assigned to it in section 16(15) of the 1985 Act;
“placing on the market” and “plant protection product” have the same meanings as in the Plant Protection Products Regulations 1995;
“preparation” means a mixture or solution composed of two or more substances;
“soil sterilant” means a product used for sterilising soil or compost;
“sterilising” means destroying all micro-organisms including any bacterial spores.
.
5
For paragraph (2) of regulation 5 there shall be substituted the following paragraph —
2
The Ministers' approval may be given in relation to a pesticide, in the form of —
a
an experimental permit, to enable testing and development to be carried out with a view to providing the Ministers with safety and other data;
b
a provisional approval, for a stipulated period; or
c
a full approval, for an unstipulated period.
.
6
For regulation 6 there shall be substituted the following regulation —
Consents
6
The Ministers may jointly give their consent to —
a
the advertisement of pesticides, subject to the conditions specified in Schedule 1;
b
the sale, supply and storage of pesticides, subject to the conditions specified in Schedule 2;
c
the use of pesticides, subject to —
i
the conditions specified in Schedule 3, and
ii
in the case of the use of pesticides by aerial application, the conditions specified in Schedule 4,
and where they have given a consent under this regulation the Ministers shall jointly publish, in such manner as they consider appropriate, a notice specifying the fact.
.
7
For regulation 7 there shall be substituted the following regulation —
Seizure, disposal etc
7
1
Where there has been a breach, in relation to any pesticide, of any of the specified prohibitions imposed by regulation 4, any condition of an approval or any condition of a consent given under regulation 6, either of the Ministers shall have the power —
a
to seize or dispose of the pesticide or require the holder of the approval, or any other person appearing to the Minister to be the owner or the person in charge of that pesticide, to dispose of it;
b
to seize or dispose of anything treated with the pesticide or require any person appearing to the Minister to be the owner or the person in charge of anything so treated to dispose of it;
c
to require the holder of the approval, or any other person appearing to the Minister to be the owner or the person in charge of the pesticide, to take such remedial action as appears to that Minister to be necessary as a result of the contravention including, where it appears to be necessary as a result of the contravention, recovery of the pesticide from the market in Great Britain.
2
If any pesticide has been imported into —
i
Great Britain in contravention of any of the specified prohibitions imposed by regulation 4, any condition of an approval or any condition of a consent given under regulation 6; or
ii
Northern Ireland in contravention of any of the specified prohibitions imposed by regulation 4 of the Control of Pesticides Regulations (Northern Ireland) 1987 , any condition of an approval granted under regulation 5 of those Regulations or any condition of a consent given under regulation 6 of those Regulations,
either of the Ministers may, by notice in writing served on the person appearing to him to be the owner, the importer or the person in charge of the pesticide, require that it shall be exported from the United Kingdom within such period as that Minister reasonably may determine.
.
8
For regulation 8 there shall be substituted the following regulation —
Release of information to the public
8
1
The Ministers may, at the request of any person, at such reasonable time and place as they may determine, make any evaluation held by them available to that person for inspection.
2
The Ministers may, at the request of any person, supply that person with a copy of any evaluation held by them on payment of such fee (which may not exceed the cost reasonably attributable to the supply) as the Ministers, with the consent of the Treasury, may determine.
3
The Ministers may, at the request of any person to whom an evaluation has been made available for inspection under paragraph (1) above or to whom a copy of an evaluation has been supplied under paragraph (2) above, make available at such reasonable time and place as they may determine for inspection by that person any study reports held by them to which the evaluation relates.
4
No person to whom any information or document has been made available for inspection under paragraph (1) or (3), or to whom a copy of any information or document has been furnished under paragraph (2), shall make any commercial use of it nor, unless authorised in writing by the Ministers to do so, publish any part of it.
5
In this regulation —
“commercial use”, in relation to any information or document, includes the use of that information or document in any manner whatsoever in connection with the manufacture, distribution, importation, advertisement, sale, supply, storage, use or export of any pesticide but does not include the use of that information or document for the purpose of books, journals or other publications with the written authorisation of the Ministers;
“evaluation” means a written evaluation of study reports or other data examined in the course of an appraisal of the active ingredient of a pesticide leading to the giving of a full approval or provisional approval, the amendment of any conditions imposed in relation to any such approval, or the revocation of any such approval, in relation to that pesticide;
“study reports” means study reports and any other data relating to an application for a full approval or provisional approval or the continuance of any such approval including the amendment of the conditions imposed in relation to any such approval.
6
This regulation is without prejudice to the provisions of the Environmental Information Regulations 1992 and Article 14 of Council Directive 91/414/ EEC concerning the placing of plant protection products on the market .
.
9
For Schedules 1, 2, 3 and 4 there shall be substituted the Schedules which are set out in the Schedule to these Regulations.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
30th January 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
28th January 1997


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Friendly Societies (Taxation of Transfers of Business) (Amendment) Regulations 1997 and shall come into force on 19th March 1997.
Interpretation
2
In these Regulations “the principal Regulations ” means the Friendly Societies (Taxation of Transfers of Business) Regulations 1995 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 4, the following paragraph shall be added —
3
This regulation shall have effect in relation to transfers, amalgamations and conversions taking place on or after 1st January 1990 but before 1st July 1994.
4
After regulation 4 there shall be inserted —
4A
1
In the case of —
a
the transfer of the whole or part of the business of a friendly society to another friendly society; or
b
the amalgamation of two or more friendly societies; or
c
the transfer of the whole or part of the business of a friendly society to a company which is not a friendly society; or
d
the conversion of a friendly society into a company which is not a friendly society;
such of the provisions of the Corporation Tax Acts as are specified in paragraph (2) below and apply in relation to that case (being provisions which apply by virtue of section 463(2) of the Taxes Act) shall each have effect as if the words “in accordance with a scheme sanctioned by a court under Part I of Schedule 2C to the Insurance Companies Act 1982 ” were omitted.
2
The provisions of the Corporation Tax Acts specified in this paragraph are —
a
sections 12(7A) , 440(2) and 444A(1) of the Taxes Act,
b
section 152A(1) of the Capital Allowances Act 1990 ,
c
sections 211(1), 213(5), 214(11) and 214A(7) of the Taxation of Chargeable Gains Act 1992 .
3
This regulation shall have effect in relation to transfers, amalgamations and conversions taking place on or after 1st July 1994.
Patrick McLoughlin
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
25th February 1997


text:
Citation and commencement
1
This Order may be cited as the Water Undertakers (Extension of Byelaws) Order 1997 and shall come into force on 10th January 1997.
Extension of water byelaws
2
The byelaws listed in column (2) of the Schedule and made by, or having effect as if made by, the water undertakers listed in column (1) of the Schedule under section 17 of the Water Act 1945 (prevention of waste of water etc. ) shall remain in force until 30th September 1998.
Signed by authority of the Secretary of State
N. W. Summerton
An Under-Secretary in the
Department of the Environment
9th January 1997


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Administration (Fraud) Act 1997 (Commencement No. 5) Order 1997.
2
In this Order, references to “the Act” are references to the Social Security Administration (Fraud) Act 1997.
Appointed days
2
1
The day appointed for the coming into force of section 15 of the Act (penalty as alternative to prosecution) —
a
for the purposes only of authorising the making of regulations is 21st November 1997; and
b
for all other purposes is 18th December 1997.
2
The day appointed for the coming into force of paragraph 8 of Schedule 1 to the Act and section 22 of the Act in so far as it relates to that paragraph is 18th December 1997.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
20th November 1997


text:
1
1
This Order may be cited as the Devon and Cornwall (Police Area and Authority) Order 1997.
2
In this Order —
“ 1996 Act ” means the Police Act 1996 ;
“transferred areas” means the City of Plymouth and Borough of Torbay.
3
This Order, except article 3, shall come into force on 1st October 1997 and article 3 shall come into force on 1st April 1998.
2
1
The functions to which this article applies are —
a
all functions of the Devon and Cornwall police authority on or after 1st April 1998; and
b
before that date (but on or after 1st October 1997), the functions of that police authority in respect of the financial year beginning on 1st April 1998 under —
i
Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) , and
ii
sections 7 (local policing objectives) and 8 (local policing plans) of the 1996 Act.
2
For the purposes of the functions to which this article applies —
a
paragraph 26(1) of Schedule 2 to the 1996 Act (meaning of “relevant council”) shall have effect from 1st October 1997 as if the transferred areas had ceased to form part of the County of Devon on that date; and
b
accordingly, the appointments which are required to be made to the Devon and Cornwall police authority by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the Councils of the Counties of Devon and Cornwall, the Isles of Scilly and the transferred areas (as relevant councils) in accordance with that provision.
3
For the purposes of the functions referred to in paragraph (1)(b) above —
a
section 19(2)(b) of the 1996 Act (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 2 to that Act was a reference to the members so appointed by virtue of paragraph (2) above; and
b
the members of the Devon and Cornwall police authority appointed under paragraph 2 of that Schedule otherwise than under paragraph (2) above shall not participate in the discharge of those functions.
4
In the exercise of its powers, the joint committee referred to in paragraph (2)(b) above —
a
shall, for the purposes of paragraph 4(1)(b) of Schedule 2 to the 1996 Act, ignore any member of Devon County Council elected for an electoral division in the transferred areas, and
b
shall not appoint any such member to the Devon and Cornwall police authority under paragraph 2(2) of that Schedule.
5
A member of the Devon and Cornwall police authority who was appointed under paragraph 2 of Schedule 2 to the 1996 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of that Authority on 1st April 1998.
6
In determining the period of a term of years for the purpose of paragraph 16 of Schedule 2 to the 1996 Act (term of appointment of members of a police authority), any period as a member of the Devon and Cornwall police authority prior to 1st April 1998 under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of that authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.
3
Schedule 1 to the 1996 Act (police areas) shall be amended by inserting after the word “Cornwall” in the right-hand column opposite the name of the Devon and Cornwall police area the words “, the non-metropolitan districts of Plymouth and Torbay”.
Alun Michael
Minister of State
Home Office
28th July 1997


text:
Title and commencement
1
This Order may be cited as the Horse Passports Order 1997 and shall come into force on 1st January 1998.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“ the Act ” means the Animal Health Act 1981;
“horse” means a domestic animal of the equine or asinine species or crossbreeds of those species;
“horse passport” means an identification document which has been issued for that horse by a recognised organisation and which is in conformity with the provisions of the Schedule to this Order;
“recognised organisation” means an organisation recognised by the Minister under the Horses (Zootechnical Standards) Regulations 1992 or an international association or organisation registered under article 4;
“semi-feral breed” means a breed registered with one of the following recognised organisations —
the Dales Pony Society;
the Dartmoor Pony Society;
the Eriskay Pony Society;
the Exmoor Pony Society;
the Fell Pony Society;
the Highland Pony Society;
the New Forest Pony Breeding and Cattle Society;
the Shetland Pony Studbook Society; or
the Welsh Pony and Cob Society (only horses registered in Section A or B of the Society’s studbook);
“studbook” means any book, register, file or data medium —
which is maintained by a recognised organisation, and
in which horses are entered or registered with mention of all their known ascendants.
2
For the purposes of the horse passport “the competent authority” is the recognised organisation as defined in paragraph (1) above.
3
In this Order any application or registration shall be in writing.
4
Except in so far as the context otherwise requires, any reference in this Order to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order.
Application
3
This Order shall apply in relation to horses which are either —
a
entered or registered and eligible for entry in a studbook of an organisation recognised by the Minister under the Horses (Zootechnical Standards) Regulations 1992, or
b
registered with an international association or organisation registered under this Order.
Horses for competition or racing
4
1
Any international association or organisation which manages horses for competition or racing in Great Britain shall register as such with the appropriate Minister within three months of the date of the Order coming into force.
2
Any international association or organisation not operating in Great Britain on the date this Order comes into force but which intends to manage horses for competition or racing in Great Britain shall register with the appropriate Minister before it does so.
Issue of a horse passport
5
1
Where the owner of a horse born on or after 1st January 1998 registers it with a recognised organisation he shall, at the time of registration, apply to that recognised organisation for a horse passport for that horse.
2
Subject to the exception for semi-feral breeds in article 7, a recognised organisation shall, at the time of registration of any horse born on or after 1st January 1998, issue a horse passport with sections I to IV completed.
3
In the case of a horse born prior to 1st January 1998 and registered in the studbook of a recognised organisation, the owner of that horse may apply to that organisation for a horse passport for that horse and the recognised organisation shall issue a horse passport.
4
The horse passport shall be in conformity with the provisions of the Schedule, and shall be in English and French, but may in addition contain a translation (either of the whole horse passport or of part of it) into such other language or languages as the recognised organisation thinks fit.
5
In the case of a horse born prior to 1st January 1998 where the studbook shows that the horse has had more than one owner since it was originally registered in the studbook, the recognised organisation shall ensure that details relating to ownership in section I of the Schedule are completed prior to issue.
6
No person other than a person authorised by the recognised organisation which issued the horse passport may amend sections I to IV of the horse passport.
Multiple registration and cancellation of registration
6
1
Where an owner of a horse registered with a recognised organisation and with a horse passport wishes to register that horse with a further recognised organisation, he shall send the existing horse passport to the second recognised organisation to enable registration to be endorsed on the horse passport.
2
Where an owner of a horse registered with one or more recognised organisations wishes to de-register that horse from a recognised organisation, he shall return the horse passport to that organisation and that organisation shall endorse the horse passport with the cancellation of registration and return the horse passport to the owner.
3
Where the owner of a horse born before 1st January 1998 applies for a horse passport from a recognised organisation, then, when he receives the horse passport, he shall within 28 days send it to be endorsed by any other recognised organisation with which that horse is registered.
4
Once a horse passport has been issued in respect of a horse, no person may apply for a replacement horse passport from a further recognised organisation unless the original horse passport issued in respect of that horse has been cancelled by the recognised organisation and the horse passport surrendered to that organisation.
5
Where a person applies for a replacement horse passport from a further recognised organisation under paragraph (4) above, that organisation shall ensure that all the details included in the original horse passport relating to the identity of the horse and veterinary treatment contained in sections II to VII of the Schedule are included in the replacement horse passport.
Semi-feral breeds
7
1
In the case of a semi-feral breed, sections III and IV of the horse passport need not be completed by the recognised organisation at the time of registration of the horse.
2
In the case of a semi-feral breed, the owner of a horse shall send the horse passport to the recognised organisation which issued the horse passport for completion of sections III and IV of the horse passport —
a
before any of the following events occurs —
i
the horse reaches 12 months old;
ii
the horse is sold by auction for the second time;
iii
the horse is moved to other premises for competition purposes;
iv
the horse is moved out of Great Britain;
v
the horse is moved to the premises of a new keeper;
vi
the horse is moved on any other occasion specified by the recognised organisation; or
b
within 14 days of the horse being moved to other premises for veterinary treatment.
Keepers
8
1
The owner of a horse shall ensure that the horse passport is given to the keeper of the horse.
2
If the keeper changes, the previous keeper shall give the horse passport to the new keeper.
Movement of a horse
9
The keeper of a horse in respect of which a horse passport has been issued shall ensure that the horse is accompanied by its horse passport —
a
when it is moved into or out of Great Britain;
b
when it is moved to other premises for competition purposes;
c
when it is moved to other premises for the purposes of veterinary treatment;
d
when it is moved to the premises of a new keeper; or
e
when it is moved on any other occasion specified by the recognised organisation.
Completion of the horse passport by a veterinary surgeon
10
1
When the owner of a horse receives a horse passport from a recognised organisation he shall ensure that any veterinary surgeon who has, to his knowledge, treated the horse, enters in the horse passport all details of treatment of the type listed in sections V to VII of the Schedule and given before the horse passport was issued.
2
Whenever the horse is given veterinary treatment of the type listed in sections V to VII of the Schedule after the horse passport has been issued, the owner of the horse shall ensure that the veterinary surgeon giving the treatment completes the relevant part of the horse passport.
Sale of a horse
11
1
When a horse in respect of which a horse passport has been issued is sold, the seller shall send the horse passport to the recognised organisation of issue within 28 days of the sale, with details of the new owner, and the recognised organisation shall complete the details of ownership and re-issue it to the new owner.
2
In the case where a horse referred to in paragraph (1) above is registered with a second or more recognised organisations, then the seller shall also send details of the new owner of the horse to the second and subsequent recognised organisations within 28 days of the sale.
3
In the case where a horse referred to in paragraph (1) above is no longer registered with the recognised organisation of issue, the seller shall send the horse passport with details of the new owner to all of the recognised organisations with which the horse is still registered and shall do so, so far as practicable, within 28 days of the sale.
Prohibition on holding more than one horse passport
12
No person may hold more than one horse passport for any horse at the same time.
Replacement of a lost or damaged horse passport
13
1
Where a horse passport has been lost or damaged, then the owner of a horse in respect of which that horse passport has been issued shall apply to the recognised organisation of issue for a replacement horse passport for that horse.
2
The recognised organisation shall issue a replacement horse passport marked with the word “Duplicate”.
3
Where a duplicate horse passport is issued, the recognised organisation which issued that horse passport shall ensure that all the details included in the original horse passport relating to the identity of the horse and veterinary treatment contained in sections II to VII of the Schedule are included in the duplicate horse passport.
Powers of recognised organisations
14
1
A recognised organisation may withdraw a horse passport issued by it under this Order if it is satisfied that the provisions of this Order have not been or are not being complied with or that the horse passport has not been properly completed or has been falsified in any way.
2
A recognised organisation may require any person in possession of a horse passport which it issued to produce it on reasonable demand at any time and surrender it on demand.
Identification of horses born before 1st January 1998
15
In the case of a horse born before 1st January 1998, a horse passport shall be sufficient identification for the purposes of the identification document required under the provisions of Article 8 of Council Directive 90/427/ EEC (on the zootechnical and genealogical conditions governing intra-Community trade in equidae ).
Offences
16
1
It shall be an offence against the Act for any person other than a person authorised by the recognised organisation to complete sections I to IV of a horse passport.
2
It shall be an offence against the Act for any person other than a veterinary surgeon to make an entry in sections V to VIII of a horse passport.
Enforcement
17
This Order shall be enforced by the local authority.
Jeff Rooker
Minister of State Ministry of Agriculture, Fisheries and Food
19th November 1997
Sewel
Parliamentary Under-Secretary of State Scottish Office
20th November 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under-Secretary of State Welsh Office
20th November 1997


text:
1
1
This Order may be cited as the Combined Probation Areas (Bedfordshire) Order 1997.
2
This Order shall come into force on 30th November 1997 save that for the purpose of making appointments to the probation committee for the Bedfordshire Probation Area to take effect on that date, this Order shall come into force forthwith.
2
For that part of Schedule 2 to the Combined Probation Areas Order 1986 that relates to the Bedfordshire Probation Area there should be substituted the following:
(1) (2) (3) Petty Sessions Area Probation Area Number of Justices on Probation Committee
Ampthill
Bedford
Biggleswade
Bedfordshire 4
Dunstable
Leighton Buzzard
Luton
4
3
The probation committee for Bedfordshire shall co-opt one member of Bedfordshire County Council and one member of Luton Borough Council, being the responsible authorities for the area .
Joyce Quin
Minister of State
Home Office
28th October 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wirral and West Cheshire Community National Health Service Trust (Establishment) Order 1997 and shall come into force on 1st April 1997.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Wirral and West Cheshire Community National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Wirral and West Cheshire Community National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1)(a) and (b) of the Act.
2
The trust’s functions shall be —
a
to own and manage hospital accommodation and services provided at Victoria Central Hospital, Mill Lane, Wallasey, Wirral, Merseyside L44 4UF and associated premises;
b
to manage community health services provided from Victoria Central Hospital, Mill Lane, Wallasey, Wirral, Merseyside L44 4UF and associated hospitals, and to provide the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1997.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
13th March 1997


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1997 and shall come into force on 27th March 1997.
Interpretation and application
2
1
In this Order —
“trunk road” has the same meaning as in the Highways Act 1980 ; and
“trunk road connected land” means land which does not form part of a trunk road but which has been acquired in connection with a trunk road under section 239(2) or (4) or section 246 of that Act.
2
This Order applies to local authorities in England only.
Exemption of defined activities
3
None of the activities mentioned in section 2(2) of the Local Government Act 1988 shall be treated as a defined activity so long as the work which would (apart from this Order) fall within such an activity is carried out by a local authority pursuant to —
a
an agreement made under section 5 (agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by the Minister) or section 6 (delegation etc. of functions with respect to trunk roads) of the Highways Act 1980; or
b
an agreement made under section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) with respect to a trunk road or trunk road connected land.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
4th March 1997


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government Changes for England (Valuation and Community Charge Tribunals) Regulations 1997 and shall come into force —
a
for the purposes of paragraphs (2) and (3) of regulation 4 on 11th February 1997, and
b
for all other purposes on 1st April 1997.
Amendment of the principal regulations
2
The Valuation and Community Charge Tribunals Regulations 1989 (‘the principal regulations’) are amended in accordance with the following provisions of these regulations.
Membership of tribunals
3
1
For regulation 4 (membership) there is substituted —
4
1
The Secretary of State shall, subject to paragraph (4), determine the number of members of each tribunal.
2
The members of each tribunal shall, subject to paragraph (3), be appointed by the body or bodies identified in relation to that tribunal in column 3 of Schedule 1.
3
Where there is more than one such body there identified —
a
where in relation to a tribunal numbers are specified in column 4 of Schedule 1, the appointments to that tribunal shall be made by the bodies named in column 3 in the ratio which those numbers bear to one another; and
b
in any other case the appointments shall be made by each body in equal proportions.
4
Where by virtue of this regulation more than one body is provided in relation to a tribunal, the number of members determined under paragraph (1) shall be a multiple of —
a
the sum of any numbers specified in relation to that tribunal in column 4 of Schedule 1; or
b
where no numbers are so specified, the number of those bodies.
5
Where the appointment of a member terminates in accordance with these Regulations, a further appointment shall be made by the body which appointed that member.
6
A person may not be appointed as a member of a tribunal if he or his spouse is an employee of that tribunal.
2
In regulation 6 there is added —
a
in paragraphs (2)(b) and (4), after ‘paragraph (3)’ the words ‘or (3A)’;
b
after paragraph (3) —
3A
Where the appointing body by which a member was appointed has ceased to exist, the president shall, if so directed by the Secretary of State after consultation with him, by notice in writing give the member such period of notice of termination of office under this paragraph as may be so directed.
3
For Schedule 1 to the principal regulations there is substituted Schedule 1 below.
Transitional provision
4
1
Each member of a tribunal mentioned in column 1 of Schedule 2 (a ‘relevant tribunal’) holding office as such at the end of 31st March 1997 shall continue to hold such office until it terminates in accordance with regulation 6(2) of the principal regulations.
2
Paragraph (3) applies to any vacancy in the membership of a relevant tribunal —
a
created by an increase effective on 1st April 1997 in the number of its members, or
b
existing on that date by reason of the failure of an appointing body to make an appointment before that date, or
c
occurring on or after that date.
3
Notwithstanding regulation 4(5) of the principal regulations (as substituted by these regulations), a vacancy to which this paragraph applies shall be filled by the body or bodies specified in relation to the relevant tribunal in column 2 of Schedule 2, in the order (if any) in which they are mentioned in that column, until the number of vacancies specified in column 3 in relation to each body has been filled in pursuance of this regulation.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
16th January 1997


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Radnor) Designation (Amendment) Order 1997 and shall come into force on 1st May 1997.
Amendment of the Environmentally Sensitive Areas (Radnor) Designation Order 1993
2
1
The Environmentally Sensitive Areas (Radnor) Designation Order 1993 shall be further amended in accordance with the following paragraphs of this article.
2
In paragraph (1) of article 2 (interpretation) —
a
in the definition of the word “bank”, for the word “or” where it occurs immediately after the word “stone”, there shall be substituted the word “and”;
b
after the definition of “conservation headland” there shall be added the following definition —
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 4 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
c
in the definition of the word “heather”, after the words “ Erica tetralix ”, there shall be inserted the words “, Vaccinium myrtillus ”.
3
In article 6 (rates of payment under agreement) —
a
in subparagraph (e) of paragraph (3), for “£35” there shall be substituted “£55”.
b
in paragraph (4) —
i
in subparagraph (a), for “£20” there shall be substituted “£30”;
ii
in subparagraph (b) there shall be substituted the following subparagraph —
b
£90 per annum for each hectare of broadleaved woodland and which under the agreement is subject to the additional provision specified in paragraph 2 of Schedule 2;
;
iii
subparagraph (c) shall be deleted;
iv
in subparagraph (d), for “£25” there shall be substituted “£30”;
v
in subparagraph (f), for “£90” there shall be substituted “£150”;
vi
in subparagraph (g), for “£50” there shall be substituted “£90”;
vii
in subparagraph (h), for “£85” there shall be substituted “£125”;
viii
in subparagraph (i), for “£80” there shall be substituted “£125”.
c
for paragraph (6) there shall be substituted the following paragraph —
6
Where an agreement includes a conservation plan, the Secretary of State shall also make payments in respect of operations included in the plan, subject to a maximum of £20,000 for that agreement.
.
d
paragraph (7) shall be deleted.
4
For paragraph 2 of Schedule 2 there shall be substituted the following paragraph —
2
As regards any land which is the subject of an agreement and which is broadleaved woodland the farmer shall exclude livestock.
.
5
In Schedule 4 (conservation plan operations) —
a
in paragraph 6 the word “traditional”, where it occurs before the word “farm”, shall be deleted and the words “using traditional materials” shall be inserted after the word “buildings”.
b
after paragraph 9 there shall be inserted the following paragraphs —
10
The control of Himalayan balsam ( Impatiens glandulifera ).
11
The provision of protective fencing for broadleaved woodland.
.
Saving
3
1
Paragraph (3) of article 2 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st May 1997.
2
Paragraph (4) of article 2 of this Order shall not apply in relation to any agreement made before 1st May 1997.
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
17th March 1997
We consent,
Roger Knapman
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1997


text:
Title and commencement
1
This Order may be cited as the Food Industry Development Scheme (Specification of Activities) Order 1997 and shall come into force on 1st December 1997.
Activities specified for the purposes of section 50(2) of the Agriculture Act 1993 in relation to the Food Industry Development Scheme
2
1
The following activities are hereby specified for the purposes of section 50(2) of the Agriculture Act 1993 as activities covered by paragraph 4(1)(c) of the Food Industry Development Scheme 1997 —
a
the shooting and harvesting in the wild of game;
b
the repeated harvesting above ground level at intervals of less than ten years of short rotation coppice; and
c
the catching of fish.
2
In paragraph (1) of this article —
a
“game” has the same meaning as in section 1 of the Poaching Prevention Act 1862 ;
b
“short rotation coppice” means a perennial crop of tree species which has been planted at high density; and
c
“fish” includes shellfish as defined in section 50(9) of the Agriculture Act 1993.
Amendment of the Marketing Development Scheme (Specification of Activities) Order 1994
3
The Marketing Development Scheme (Specification of Activities) Order 1994 shall be amended as follows —
In paragraph 2(1) after the words “section 50(2) of the Agriculture Act 1993” there shall be added the words “as activities covered by paragraph 2(b) of the Marketing Development Scheme 1994. ”.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th November 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
4th November 1997
Signed by authority of the Secretary of State for Wales.
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
7th November 1997


text:
Citation and commencement
1
1
These Regulations may be cited as the Adoption Agencies and Children (Arrangements for Placement and Reviews) (Miscellaneous Amendments) Regulations 1997.
2
These Regulations shall come into force on 1st July 1997 other than regulation 2(4) insofar as it inserts regulations 5(1) to (4) and (6), 5A and 5B in the Adoption Agencies Regulations 1983 which shall come into force on 1st November 1997.
Amendment of the Adoption Agencies Regulations 1983
2
1
The Adoption Agencies Regulations 1983 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 1(3) (interpretation) —
a
for the definition of “ the Act ” there shall be substituted the following definition —
“the Act” means the Adoption Act 1976;
; and
b
for the definition of “the 1975 Act” there shall be substituted the following definition —
“the Children Act ” means the Children Act 1989;
.
3
In regulation 2 (approval of adoption societies) for the words “section 4 of the 1975 Act”in each place they occur there shall be substituted the words “section 3 of the Act”.
4
For regulation 5 (establishment of adoption panel and appointment of members) there shall be substituted the following regulations —
Establishment of adoption panel and appointment of members
5
1
Subject to paragraphs (2), (3) and (6), an adoption agency shall establish at least one adoption panel and shall appoint no more than 10 persons, including at least one man and one woman, to be members of such a panel.
2
The adoption agency shall appoint as chairman of an adoption panel a person who has such experience in adoption work as the agency considers appropriate and the other members of the panel shall include —
a
subject to paragraph (6), two social workers in the employment of the adoption agency,
b
subject to paragraph (6), at least one member of the adoption agency’s management committee where the agency is an approved adoption society or, where the adoption agency is a local authority, at least one member of that authority’s social services committee,
c
the person nominated as the medical adviser to the adoption agency under regulation 6(4) (or one of them if more than one are nominated), for so long as that person is so nominated, and
d
at least three other persons (“independent persons”), not being members or employees of the adoption agency, or elected members, where the agency is a local authority who shall where reasonably practicable include an adoptive parent and an adopted person who must be at least 18 years of age.
3
The adoption agency shall appoint one of the members of the adoption panel as vice-chairman, who, where the chairman of the panel has died or ceased to hold office, or is unable to perform his duties by reason of illness, absence from England and Wales or any other cause, shall act as the chairman for so long as there is no chairman able to do so.
4
An adoption panel shall make the recommendations specified in regulation 10 only when, subject to paragraph (6), at least six of its members meet as a panel and those members include the chairman or vice-chairman and a social worker in the employment of the adoption agency.
5
An adoption panel shall keep a written record of any of the recommendations specified in regulation 10 which it makes and the reasons for them.
6
Any two but no more than three local authorities may establish a joint adoption panel, and where a joint adoption panel is established —
a
the maximum number of members who may be appointed to that panel shall be increased to eleven,
b
the chairman shall be appointed by agreement between the local authorities,
c
one social worker in the employment of each local authority and one member of each local authority’s social services committee shall be appointed to the panel,
d
three independent persons shall be appointed to the panel by agreement between the local authorities,
e
the vice-chairman shall be appointed from the members of the panel by agreement between the local authorities, and
f
the quorum set out in paragraph (4) shall be increased to seven.
Tenure of office of members
5A
1
Subject to the provisions of this regulation and regulation 5B a member of the adoption panel shall hold office for a term not exceeding three years, and may not hold office as a member of that panel for more than two consecutive terms without an intervening period of at least three years.
2
An adoption agency shall so arrange the tenure of office of the members of the panel so that so far as possible the term of office of at least one third of its members shall expire each year.
3
The medical adviser member of the adoption panel shall hold office only for so long as he is the medical adviser nominated under regulation 6(4).
4
A member may resign his office at any time after appointment by giving notice in writing to that effect to the adoption agency, or if he is a member of a joint adoption panel, by giving notice to one of the local authorities whose panel it is.
5
Subject to paragraph (6), if an adoption agency is of the opinion that a member is unfit or unable to hold office, the agency may terminate his office by giving him notice in writing with reasons.
6
If the member whose appointment is to be terminated under paragraph (5) is a member of a joint adoption panel, his appointment may only be terminated with the agreement of all the local authorities whose panel it is.
7
Where a member is appointed to replace a person whose appointment has been terminated for any reason before the expiry of the term for which he has been appointed, that member shall hold office as a member of that panel for the unexpired part of the term of the person whom he replaces, and may not hold office for more than one consecutive term after the expiry of that term without an intervening period of three years.
Establishment of new panels on 1st November 1997
5B
1
All members of an adoption panel established before 1st November 1997, shall cease to hold office on that date.
2
With effect from the 1st November 1997, an adoption agency shall establish a new adoption panel in accordance with regulations 5 and 5A.
.
5
In regulation 7(3) (adoption agency’s duties — father without parental responsibility) for the words “Where the identity of the father of an illegitimate child” there shall be substituted the words “Where the father of a child does not have parental responsibility for the child and his identity”.
6
In regulation 8(2) (adoption agency’s duties — prospective adopters) —
a
in sub-paragraph (f) the word “and” shall be omitted; and
b
for sub-paragraph (g) there shall be substituted the following sub-paragraphs —
g
prepare a written report which shall include the agency’s assessment of the prospective adopter’s suitability to be an adoptive parent and any other observations of the agency on the matters referred to in this regulation,
h
notify the prospective adopter that his application is to be referred to the adoption panel and at the same time send a copy of the agency’s assessment referred to in paragraph (g) to the prospective adopter inviting him to send any observations in writing on that assessment to the agency within 28 days, and
i
at the end of the period of 28 days referred to in sub-paragraph (h), (or earlier if any observations made by the prospective adopter on the assessment are received before the 28 days has expired), pass the written report referred to in sub-paragraph (g) and any written observations made by the prospective adopter together with all information obtained by the agency by virtue of this regulation, to the adoption panel or to another adoption agency.
.
7
In regulation 9(2)(b) (agency’s duty in respect of placement — referral to panel) for the words “which has parental rights and duties in respect of the child by virtue of section 14 or 23 of the 1975 Act (freeing for adoption and transfer of parental rights and duties)” there shall be substituted the words “which has parental responsibility for the child by virtue of section 18 or 21 of the Act (freeing for adoption and variation of order to substitute one adoption agency for another).”.
8
In regulation 10 (adoption panel functions) —
a
in sub-paragraph (a) of paragraph (1) for the words “section 14 of the 1975 Act” there shall be substituted the words “section 18 of the Act”; and
b
in paragraph (3) for the words “sections 3 and 13 of the 1975 Act” there shall be substituted the words “sections 6 and 7 of the Act”.
9
In regulation 11 (adoption agency decisions and notifications) —
a
in paragraph (1) the words “(b)” shall be omitted; and
b
after paragraph (1) there shall be inserted the following paragraph —
1A
No member of an adoption panel shall take part in any decision made by the adoption agency under paragraph (1).
; and
c
in paragraph (2) —
i
in sub-paragraph (a) for the words “the father of an illegitimate child” there shall be substituted the words “his father if he does not have parental responsibility for the child but only”;
ii
in sub-paragraph (b) for the words “section 14 of the 1975 Act” shall be substituted the words “section 18 of the Act”; and
iii
and sub-paragraph (c) shall be omitted.
10
After regulation 11 there shall be inserted the following regulation —
Adoption agency decisions and notifications — prospective adopters
11A
1
In relation to a matter referred to in regulation 10(1)(b) (panel recommendations — prospective adopters) the adoption agency shall take into account the recommendation of the adoption panel made by virtue of that regulation on that matter before making its decision.
2
No member of an adoption panel shall take part in any decision made by the agency under paragraph (1).
3
If the agency decide to approve the prospective adopter as suitable to be an adoptive parent, the agency shall notify the prospective adopter in writing of its decision.
4
If the agency consider that the prospective adopter is not suitable to be an adoptive parent, the agency shall —
a
notify the prospective adopter in writing that it proposes not to approve him as suitable to be an adoptive parent;
b
send with that notification their reasons together with a copy of the recommendation of the adoption panel, if different; and
c
invite the prospective adopter to submit any representations he wishes to make within 28 days.
5
If within the period of 28 days referred to in paragraph (4), the prospective adopter has not made any representations, the agency may proceed to make its decision and shall notify the prospective adopter in writing of its decision together with the reasons for that decision.
6
If within the period of 28 days referred to in paragraph (4) the agency receive further representations from the prospective adopter, it may refer the case together with all the relevant information to its adoption panel for further consideration.
7
The adoption panel shall reconsider any case referred to it under paragraph (6) and make a fresh recommendation to the agency as to whether the prospective adopter is suitable to be an adoptive parent.
8
The agency shall make a decision on the case but if the case has been referred to the adoption panel under paragraph (6) it shall make the decision only after taking into account any recommendation of the adoption panel made by virtue of paragraph (7).
9
As soon as possible after making the decision under paragraph (8), the agency shall notify the prospective adopter in writing of its decision, stating its reasons for that decision if they do not consider the prospective adopter to be suitable to be an adoptive parent, and of the adoption panel’s recommendation, if this is different from the agency’s decision.
.
11
In regulation 12(2) (placement for adoption) —
a
after sub-paragraph (a) there shall be inserted the following sub-paragraphs —
aa
notify in writing the parent or guardian of the child, if their whereabouts are known to the agency, of the proposed placement for adoption, unless the parent or guardian has made a declaration under section 18(6) or 19(4) of the Act (declaration as to no further involvement with child),
aaa
where the father of the child does not have parental responsibility for him and his identity is known to the agency, notify the father of the proposed placement provided the agency considers this to be in the best interests of the child,
;
b
sub-paragraph (f) shall be omitted;
c
for sub-paragraph (j) there shall be substituted the following sub-paragraph —
j
make appointments for the child to be examined by a registered medical practitioner and for a written assessment on the state of his health and his need for health care to be made —
i
at least once in every period of six months before the child’s second birthday, and
ii
at least once in every period of twelve months after the child’s second birthday, unless the child is of sufficient understanding to make an informed decision and refuses to submit to the examination and
;
d
for sub-paragraph (k) there shall be substituted the following sub-paragraph —
k
review the placement for adoption of the child within four weeks of placement, not more than three months after that review unless an application for an adoption order has been made, and at least every six months thereafter until an application for an adoption order is made.
; and
e
after paragraph (2) there shall be added the following paragraphs —
3
The agency who carry out the review referred to in paragraph (2)(k) shall —
a
set out in writing the arrangements governing the manner in which the case of each child shall be reviewed and shall draw the written arrangements to the attention of the child, where reasonably practicable having regard to his age and understanding, to the prospective adopters, and to any other person the agency considers relevant,
b
have regard so far as reasonably practicable to the considerations specified in Part VIII of the Schedule, and
c
ensure that —
i
the information obtained in respect of a child’s case,
ii
details of the proceedings at any meeting arranged by the agency to consider any aspect of the review of the case, and
iii
details of any decision made in the course of or as a result of the review,
are recorded in writing.
4
The agency who carry out the review shall, so far as reasonably practicable, notify details of the result of the review and of any decision taken by them in consequence of the review to —
a
the child where he is of sufficient age and understanding;
b
his parents, except where a freeing order has been made under section 18 of the Act and that order has not been revoked,
c
his father, if he does not have parental responsibility for him and his identity is known, provided that the agency considers this to be in the child’s interests;
d
the prospective adopters; and
e
any other person whom they consider ought to be notified.
.
12
In regulation 13(1) (review of case where no placement made within six months of freeing for adoption) —
a
for the words “section 14 of the 1975 Act” shall be substituted the words “section 18 of the Act”; and
b
for the words “in which parental rights and duties are then vested by virtue of section 14 or 23 of the 1975 Act” there shall be substituted the words “which has parental responsibility for the child by virtue of section 18 or 21 of the Act (freeing for adoption and variation of order to substitute one agency for another)”.
13
After regulation 13 (review of cases where no placement made within six months of freeing for adoption), there shall be inserted the following regulation —
Information on adoption
13A
As soon as practicable after the making of an adoption order in respect of a child, the adoption agency shall —
a
provide the adopters with such information about the child as they consider appropriate; and
b
at the same time advise the adopters that this information should be made available to the child at a time when they consider it is appropriate but no later than the child’s eighteenth birthday.
.
14
In regulation 14 (confidentiality and preservation of case records) there shall be added at the end the following additional paragraph —
4
The adoption agency shall ensure that the place of special security referred to in paragraphs (2) and (3) preserve the records etc. , so far as is possible, and in particular minimise the risk of damage from fire or water.
.
15
In regulation 15(1) (access to case records and disclosure of information) —
a
in sub-paragraph (a) for the words “section 76 of the Child Care Act 1980” there shall be substituted the words “section 81 of the Children Act”;
b
after sub-paragraph (c) there shall be inserted the following sub-paragraph —
cc
to any person appointed by the adoption agency for the purposes of the consideration by the agency of any representations (including complaints),
;
c
in sub-paragraph (e) for the words “section 20 of the 1975 Act” there shall be substituted the words “section 65 of the Act”; and
d
in sub-paragraph (f) the words “, the Adoption Act 1968” to the end of that sub-paragraph shall be omitted.
16
For regulation 17 (progress reports under section 19 of the Act) there shall be substituted the following regulation —
17
Where parental responsibility for a child who is in Great Britain has been transferred from one adoption agency (“the existing agency”) to another (“the substitute agency”) by virtue of an order under section 21 of the Act (variation of section 18 order), the substitute agency shall provide such information to the existing agency as that agency considers necessary for it to comply with its duty under section 19(2) and (3) of the Act.
.
17
In Part I of the Schedule (particulars relating to the child) —
a
in paragraph 7 for the words “or local authority resolutions relating to the parental rights and duties in respect of the child” there shall be substituted the words “, or agreement under section 4 of the Children Act, relating to parental responsibility for the child”;
b
for paragraph 12 of Part I there shall be substituted the following paragraphs —
12
Any special needs in relation to the child’s health (whether physical or mental) and his emotional and behavioural development, and how those are to be met.
12A
Any educational needs which the child has and how these needs are to be met, the result of any assessment carried out in respect of any special educational needs under the Education Act 1996 , and how any needs identified in the statement of special educational needs made under section 324 of that Act are to be met.
; and
c
in paragraph 14 for the words “section 14 of the 1975 Act,” there shall be substituted the words “section 18 of the Act (freeing child for adoption),”.
18
In Part II of the Schedule (matters to be covered in report on the child’s health) after paragraph 3(d) there shall be inserted the following sub-paragraph —
dd
how his health and medical history has affected his physical, intellectual, emotional, social or behavioural development.
.
19
In Part III of the Schedule (particulars relating to each parent), in paragraph 10 for the words “section 14 of the 1975 Act,” there shall be substituted the words “section 18 of the Act (freeing child for adoption),”.
20
After Part VII of the Schedule (matters to be covered in report or health of the prospective adopter) there shall be added the following Part —
PART VIII
CONSIDERATIONS TO BE INCLUDED IN REVIEW
1
The child’s needs (including his educational needs), progress and development, and whether any changes are needed to help to meet those needs or to assist his progress or development.
2
Any arrangements for contact, and whether there is need for any change in such arrangements.
3
Existing arrangements for the child’s medical and dental care and treatment, and health and dental surveillance.
4
The possible need for an appropriate course of action to assist any necessary change of such care, treatment or surveillance.
5
The possible need for preventive measures, such as vaccination and immunisation, and screening for vision and hearing.
.
Amendment of Arrangements for Placement of Children (General) Regulations 1991
3
In regulation 2 (application of Regulations) of the Arrangements for Placement of Children (General) Regulations 1991 —
a
In paragraph (1) for the words “Subject to paragraph (2),” there shall be substituted the words “Subject to paragraphs (2) and (3),”; and
b
after paragraph (2) there shall be added the following paragraph —
3
These Regulations shall not apply to any placement of a child for adoption under the Adoption Act 1976 .
.
Amendment of the Review of Children’s Cases Regulations 1991
4
After regulation 13 (exception to application of Regulations) of the Review of Children’s Cases Regulations 1991 there shall be added the following regulation —
13A
These Regulations shall not apply in the case of a child who is placed for adoption under the Adoption Act 1976 .
.
Stephen Dorrell
Secretary of State for Health
6th March 1997


text:
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) (Amendment) Regulations 1997 and shall come into force on 3rd March 1997.
2
In regulation 3 of the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) Regulations 1986 for “£240” there shall be substituted “£230” and for “£97.30” there shall be substituted “£93”.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
20th January 1997
We consent to the making of these Regulations
Bowen Wells
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd February 1997


text:
1
This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Appointed Day No. 6) Order 1997.
2
1st October 1997 is hereby appointed for the purposes of section 49 of the Criminal Procedure and Investigations Act 1996.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
8th September 1997


text:
GENERAL
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Licensing) Regulations 1997 and shall come into force on 31st December 1997.
Interpretation
2
In these Regulations —
“the Interconnection Directive” means Directive 97/33/ EC of the European Parliament and of the Council on interconnection in telecommunications with regard to ensuring universal service and interoperability through the application of the principles of open network provision ( ONP ) ;
“the Licensing Directive” means Directive 97/13/EC of the European Parliament and of the Council on a common framework for general authorisations and individual authorisations in the field of telecommunications, the text of Articles 4(1), 7, 8(1), 8(2) and the Annex of which (together with associated interpretation provisions) is for convenience set out in the Schedule hereto .
AMENDMENTS OF PARTS II AND III OF THE TELECOMMUNICATIONS ACT 1984
3
1
For the purposes of implementing the Licensing Directive and the Interconnection Directive the Telecommunications Act 1984 shall be amended in accordance with the following paragraphs.
2
After subsection (3) of section 7 (power to license systems) there shall be inserted the following subsection —
3A
In granting a licence under this section for the running of a telecommunication system to which the Licensing Directive applies the Secretary of State and the Director shall ensure that the requirements of Article 7 of the Licensing Directive are complied with.
.
3
In subsection (5) of section 7 —
a
in paragraph (a) at the end there shall be inserted the words —
“the provisions of Articles 4(1), 8(1) and 8(2) of the Licensing Directive and the obligations imposed on him in pursuance of the Telecommunications (Interconnection) Regulations 1997” ;
b
for paragraph (c) there shall be substituted the following paragraph —
c
in the case of a licence granted to persons of a class, conditions requiring any person who falls within the class of persons to which the licence relates to notify the Secretary of State or the Director of his intention to run a telecommunication system under that licence.
.
4
After subsection (6) of section 7 there shall be inserted the following subsections —
6A
Where the Secretary of State or the Director receives an application for a licence to run a telecommunication system which cannot be run in accordance with the terms of a current licence which has been granted to persons of a class, he shall, subject to any time limits for the grant of licences specified in the procedures referred to in subsection (2) of section 7A below —
a
grant a temporary licence containing such conditions as he considers appropriate to enable the applicant to commence running that system; or
b
reject the application.
6B
Where the Secretary of State or the Director grants a temporary licence under subsection (6A) above he shall, as soon as possible thereafter, either replace it with another licence granted under this section containing such conditions as he considers appropriate, or revoke it.
.
5
For subsection (7) of section 7 there shall be substituted the following subsection —
7
A licence granted under this section otherwise than to a particular person, and the details of the procedures applying to the grant of such a licence, shall be published in such manner as the Secretary of State or the Director considers appropriate for bringing the licence or procedures to the attention of such persons who may be interested and a reference to such publication shall also be published in the London, Edinburgh and Belfast Gazettes.
.
6
After subsection (11) of section 7 there shall be inserted the following subsections —
12
Where the Secretary of State or the Director proposes —
a
to revoke a licence granted to persons of a class; or
b
to refuse to grant a licence to, or to revoke a licence, granted to a particular person, including a temporary licence granted under subsection (6A) above,
he shall give notice of his proposal in accordance with subsection (13) below and shall consider any representations or objections which are duly made and not withdrawn.
13
The Secretary of State or the Director shall —
a
in the case of a licence referred to in subsection (12)(a) above, publish in such manner as he thinks appropriate a notice stating the reasons why he proposes to revoke the licence and specifying the time (not being less than 28 days from the date of publication) within which representations or objections with respect to the revocation may be made;
b
in the case of a licence referred to in subsection (12)(b) above, give to the person applying for or holding the licence a notice stating the reasons why he proposes to refuse to grant, or to revoke, the licence and specifying the time (not being less than 28 days from the date of the notice) within which representations or objections with respect to the refusal or revocation may be made.
14
After the Secretary of State or the Director has confirmed or withdrawn a proposal published or notified under subsection (13) above he shall —
a
in the case of a licence referred to in subsection (12)(a) above, publish in such manner as he thinks appropriate;
b
in the case of a licence referred to in subsection (12)(b) above, give to the person applying for or holding the licence,
a notice in accordance with subsection (15) below.
15
The notice required by subsection (14) above shall —
a
state whether the proposal has been confirmed or withdrawn;
b
give reasons for that decision;
c
in the case of a decision to revoke the licence, specify the date on which the licence ceases to have effect.
16
In this section —
“Licensing Directive” means Directive 97/13/EC of the European Parliament and of the Council on a common framework for general authorisations and individual licences in the field of telecommunication services. .
7
After section 7 there shall be inserted the following section —
Licensing procedures
7A
1
Licences granted under section 7 above to particular persons shall be granted on the basis of procedures established by the Secretary of State or the Director, details of which shall be contained in a notice given by him.
2
The details given in a notice under subsection (1) above in relation to any licences shall include —
a
time limits for dealing with applications for the grant of a licence;
b
requirements which must be met for the grant of a licence;
c
information about the conditions to be included in a licence;
d
details of the fees or the method of calculating the fees payable in respect of a licence.
3
Where the person applying for a licence fails to provide any information which the Secretary of State or the Director reasonably requires in order to satisfy himself that the applicant is able to comply with the conditions in the licence the Secretary of State or the Director may refuse to grant the licence.
4
A notice under this section shall be published in such manner as the Secretary of State or the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of those likely to be affected by them, and a reference to such notice shall also be published in the London, Edinburgh and Belfast Gazettes.
.
8
In section 10 (telecommunications code), after subsection (3) there shall be inserted the following subsections —
3A
Where —
a
the telecommunications code expressly or impliedly imposes any limitation on the use to which any telecommunication apparatus installed by a person authorised by a licence under section 7 above may be put, and
b
that person is a party to a relevant agreement,
that limitation shall not have effect so as to preclude the doing of anything which is done in relation to that apparatus in pursuance of that agreement; and anything which is so done shall be disregarded in determining, for the purposes of the telecommunications code as it applies in relation to that person, the purposes for which the apparatus is used.
3B
Subsection (3A) above shall not be construed, in relation to a person who is authorised by a relevant agreement to share the use of any apparatus installed by another party to the agreement, as affecting any requirement on him (whether imposed by any statutory provision or otherwise) to obtain any consent or permission in connection with the installation by him of any apparatus, or the doing by him of any other thing, in pursuance of the agreement.
3C
In subsections (3A) and (3B) above “relevant agreement”, in relation to any telecommunication apparatus, means an agreement in writing —
a
to which the parties are two or more persons to whom the telecommunications code has been applied by a licence granted under section 7 above; and
b
which relates to the sharing by those persons of the use of that apparatus,
and in subsection (3B) above “statutory provision” means any provision of an enactment or of an instrument having effect under an enactment.
.
9
In subsection (7) of section 16, in the definition of “provisional order” for the words “three months” there shall be substituted the words “two months”.
10
In subsection (2) of section 17 (procedural requirements) —
a
the words “with modifications” shall be omitted; and
b
for the words “subsection (3)” there shall be substituted the words “subsections (3) and (3A)”.
11
In subsection (3) of section 17 —
a
in paragraph (a) the words “with modifications” shall be omitted; and
b
in paragraph (b), for the words “proposed modifications” there shall be substituted the word “proposal”.
12
After subsection (3) of section 17 there shall be inserted the following subsection —
3A
If the Director makes a final order, such order shall be made within two months of the notice given under subsection (3)(a) above.
.
13
In subsection (6) of section 17, for paragraph (b) there shall be substituted the following paragraph —
b
serve a copy of the order on the telecommunications operator within one week of the order being made or confirmed with a statement of the reasons for his decision.
.
14
In subsection (6)(b) of section 53 of the 1984 Act (power to require information), for the words “section 16, 27E, 27H, 27I or 49 above” there shall be substituted the words “section 16, 27E, 27H, 27I, 47, 49, 50, 51 or 52 above”.
AMENDMENTS OF THE WIRELESS TELEGRAPHY ACT 1949
4
1
For the purpose of implementing the Licensing Directive the Wireless Telegraphy Act 1949 shall be amended in accordance with the following paragraph.
2
After section 1C (prohibition of acts facilitating unauthorised broadcasting) there shall be inserted the following sections —
Procedures for the grant of licences providing a telecommunications service
1D
1
This section and the following section apply to wireless telegraphy licences which —
a
authorise the establishment or use of any station, or the installation or use of any apparatus, for wireless telegraphy for the purpose of providing a telecommunications service involving the conveyance of signals by wireless telegraphy; and
b
are not television licences or licences to broadcast programmes for general reception.
2
In subsection (1) “telecommunications service” means a service falling within paragraph (a) of the definition of “telecommunication service” in section 4(3) of the Telecommunications Act 1984.
3
An application for the grant of a licence shall be determined in accordance with procedures established by the Secretary of State, details of which shall be set out in a notice given by him.
4
The procedures specified under subsection (3) shall include time-limits for dealing with the grant of licences, requirements which must be met for the grant of a licence, and particulars of the terms, provisions and limitations to which licences which may be issued are to be subject.
5
Where the person applying for a licence fails to provide any information which the Secretary of State reasonably requires in order to satisfy himself that the applicant is able to comply with the terms, provisions and limitations in the licence the Secretary of State may refuse to grant the licence.
6
Where the Secretary of State proposes to refuse a licence he shall give to the person applying for the licence the reasons for the proposed refusal and shall specify a period of not less than 28 days within which representations with respect to the proposed refusal may be made.
7
The Secretary of State shall give a notice of any proposals that he may have to limit the number of licences that he grants, for the purpose of ensuring the efficient use and management of the electro-magnetic spectrum.
8
A notice under this section shall be published in such manner as the Secretary of State considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of those likely to be affected by them, and a reference to such notice shall also be published in the London, Edinburgh and Belfast Gazettes.
9
In granting a licence and in determining any terms, provisions or limitations that a licence which may be issued is to be subject the Secretary of State shall ensure that the requirements of Articles 7 (scope) and 8 (conditions) of Directive 97/13/EC of the European Parliament and of the Council on a common framework for general authorisations and individual licences in the field of telecommunications services are complied with.
Variation or revocation of a licence
1E
1
Where the Secretary of State proposes to vary or revoke a licence he shall give to the person holding the licence a notice —
a
stating the reasons for the proposed variation or revocation; and
b
specifying a period not less than 28 days from the date of the notice within which representations with respect to the proposal may be made.
2
If the proposal is the result of a breach of a term, provision or limitation of the licence —
a
the notice given to the person holding the licence shall state that the proposal will be withdrawn or modified if the breach is remedied within the period of 28 days commencing with the date of the notice; and
b
the Secretary of State shall within the period of 28 days following the period referred to in paragraph (a) confirm, modify or withdraw the proposal and give notice of the decision and the reasons for it to the person holding the licence.
3
Subsection (1) shall not apply to prevent the variation or revocation of a licence within the period of 28 days referred to in subsection (1)(b) where the Secretary of State considers that —
a
such decision is required to limit or prevent interference; or
b
the person holding the licence has repeatedly breached a term, provision or limitation of the licence,
but in either case the Secretary of State shall review his decision in the light of any subsequent representations being received with respect to the variation or revocation within the said period of 28 days.
4
Subsection (1) shall not apply in relation to any variation or revocation of a licence which appears to the Secretary of State to be requisite or expedient —
a
in the interests of national security; or
b
for the purposes of complying with a Community obligation of the United Kingdom or with any international agreement or arrangements to which the United Kingdom is a party.
.
Barbara Roche
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
9th December 1997


text:
Commencement and citation
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
Amendment of Regulations
2
The Local Authorities (Capital Finance) Regulations 1997 shall be amended in accordance with the following provisions of these Regulations.
Meaning of private finance transaction
3
In regulation 16, in paragraph (2) —
a
in sub-paragraph (a)(i), omit the words “for use” and “(“the relevant purpose”)”;
b
in sub-paragraph (a)(ii) and sub-paragraph (d)(ii), omit the words “for the relevant purpose”; and
c
substitute the following for sub-paragraph (e) —
e
the first instalment of fees falls to be paid after the asset has started to be used;
.
Transactions for the provision of a capital asset and services
4
In regulation 40 —
a
in paragraph (1), omit the words from “and” to the end; and
b
in paragraph (2)(a) and paragraph (3)(b), omit the words “for the relevant purpose”.
Capital receipts derived from disposals made to assist regeneration
5
In regulation 86 —
a
in the definition of “relevant land” in paragraph (1), for the words in sub-paragraph (a) from “or within a ward” to the end of that sub-paragraph substitute the words “or was situated within a ward which had a boundary adjoining the boundary of such a ward and which is in the same local authority area; or”; and
b
after paragraph (1) insert the following paragraph —
1A
For the purposes of the definition of “relevant land” in paragraph (1), two wards are in the same local authority area if the land which, before 1st April 1994, comprised the wards is in the area of a single local authority.
.
Disposal of property under a private finance transaction
6
In regulation 112, substitute the following paragraph for paragraph (1) —
1
In this regulation, “relevant arrangement” means a credit arrangement —
a
which is a private finance transaction for the purposes of Part IV of these Regulations; and
b
of which the initial cost falls to be determined under regulation 40, 41 or 42, or which is entered into in reliance on a supplementary credit approval which applies for the purposes of the transaction and for no other purposes.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
12th March 1997
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State,
Welsh Office
14th March 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for Key Stages 1, 2 and 3) (England) (Amendment) Order 1997 and shall come into force on 1st October 1997.
2
In this Order —
“ QCA ” means the Qualifications and Curriculum Authority established under section 21 of the Education Act 1997 ;
“ SCAA ” means the School Curriculum and Assessment Authority established under section 244 of the Education Act 1993 and continued in existence by section 358 of the Education Act 1996;
“the effective date” means the date on which this Order comes into force;
“the principal Orders” means the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995 , the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1995 and the Education (National Curriculum) (Key Stage 3) (Assessment Arrangements) (England) Order 1996 .
Amendment of principal Orders
2
In article 3(1) (Interpretation) of each of the principal Orders, for the definition of “the Authority” there shall be substituted the following definition —
“the Authority” means the Qualifications and Curriculum Authority established under section 21 of the Education Act 1997;
.
Transitional Provision
3
Anything done, or in the process of being done, by or in relation to SCAA before the effective date for the purposes of or in connection with any of the functions bestowed on the Authority by the principal Orders, shall, from that date, be treated as having been done by or in relation to QCA or, as the case may be, be continued by or in relation to QCA.
Signed by authority of the Secretary of State.
Estelle Morris
Parliamentary Under Secretary of State,
Department for Education and Employment
3rd September 1997


text:
Citation and commencement
1
This Order may be cited as the Street Litter Control Notices (Amendment) Order 1997 and shall come into force on 28th March 1997.
Amendment of the Street Litter Control Notices Order 1991
2
Article 2 of the Street Litter Control Notices Order 1991 shall be amended by the omission of “or” at the end of article 2(d) and the insertion after article 2(e) of: —
f
premises in respect of which there is for the time being in force a betting office licence granted under Schedule 1 to the Betting, Gaming and Lotteries Act 1963 ,
g
premises used wholly or partly for the sale of tickets or chances in any lottery, or
h
premises used wholly or partly for the sale of goods of any description which are displayed on open land adjacent to the street, or on the street.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under Secretary of State,
Department of Environment.
3rd March 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,
Welsh Office
5th March 1997
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
3rd March 1997


text:
1
This Order may be cited as the Sex Offenders Act 1997 (Commencement) Order 1997.
2
The Sex Offenders Act 1997 shall come into force on 1st September 1997.
Home Office
Alun Michael
Minister of State
2nd August 1997