text:
Title, commencement and interpretation
1
1
This Order may be cited as the Brucellosis Order 1997 and shall come into force on 1st April 1997.
2
In this Order —
“abortion or premature calving” means an abortion or calving which takes place less than 271 days after service or insemination, or 265 days after implantation or transfer of an embryo, whether the calf is born dead or alive;
“appropriate officer” means a veterinary inspector or in relation to premises in England, another officer of the Minister of Agriculture, Fisheries and Food or in relation to premises in Wales or Scotland, an officer of the Secretary of State;
“appropriate Minister” means in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or Wales the Secretary of State;
“approved laboratory” means a laboratory approved by the Ministers to carry out testing of milk for brucellosis and listed in Schedule 1 to this Order;
“approved slaughterhouse” means a slaughterhouse approved by an appropriate officer to carry out the slaughter of reactors;
“bovine animal” means a bull, cow, heifer or calf but does not include a steer;
“brucellosis” means the disease caused by Brucella abortus , otherwise known as contagious abortion;
“dealer in bovine animals” means any person whose trade or business regularly includes the selling of bovine animals purchased by him for the purpose of resale within 28 days;
“Divisional Veterinary Manager” means the veterinary inspector authorised for the time being by the appropriate Minister to receive information about diseased or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are situated;
“full-term calving” means a calving which takes place 271 days or more after service or insemination, or 265 days after implantation or transfer of an embryo, whether the calf is born dead or alive;
“premises” includes land with or without buildings;
“reactor” means a bovine animal which gives rise to a reaction consistent with its being infected with brucellosis when tested for that disease;
“slaughterhouse” means a slaughterhouse or knacker’s yard as defined by section 34 of the Slaughterhouses Act 1974 ;
“steer” means a castrated bull or male calf aged four months or over;
“veterinary surgeon” means a veterinary surgeon (or veterinary practitioner) registered under the Veterinary Surgeons Act 1966 ;
“veterinary inspector” means a veterinary inspector authorised by the appropriate Minister.
3
A notice, approval or licence issued under this Order shall be in writing and may be issued subject to conditions and may be amended, suspended, withdrawn or revoked in writing at any time.
Special provisions for imported animals
2
The provisions of this Order shall not apply in relation to premises approved under the Importation of Animals Order 1977 and shall only apply in relation to imported bovine animals from the time specified in the licence issued in respect of those animals under article 11(5) of that Order.
Restrictions on vaccination and therapeutic treatment
3
1
No person other than —
a
a veterinary inspector;
b
a veterinary surgeon authorised by the appropriate Minister; or
c
a person to whom a licence has been issued for the purpose by a veterinary inspector
shall vaccinate bovine animals against brucellosis.
2
No person shall treat bovine animals for brucellosis.
Restrictions on the movement of bovine animals or steers
4
An appropriate officer may serve a notice on the occupier of any premises, prohibiting the movement of bovine animals or steers on to or off such premises, except under the authority of a licence issued by an appropriate officer.
Movement of bovine animals or steers to specified premises
5
1
An appropriate officer may, where he considers it necessary for the purpose of eradicating brucellosis, serve a notice on the owner or person in charge of bovine animals or steers kept on any premises, requiring the animals to be moved from the premises to such other premises and within such time limit as may be specified in the notice.
2
Where a notice served in accordance with paragraph (1) above is in force, the owner or person in charge of such animals shall not move them from the premises specified in the notice except under the authority of a licence issued by an appropriate officer.
3
If any person on whom a notice under paragraph (1) above is served fails to comply with it, the appropriate Minister may, without prejudice to any proceedings for an offence arising out of such default, carry out or cause to be carried out the requirements of the notice and the expenses reasonably incurred by the appropriate Minister shall be recoverable by him from the person in default.
Control of slaughterhouses
6
No slaughterhouse other than an approved slaughterhouse shall be used for the slaughter of reactors.
Sampling of milk for testing for evidence of the existence of brucellosis
7
1
Any person who buys milk in any form for resale as milk or milk products from the owner or person in charge of a herd of dairy cows shall —
a
select an approved laboratory to carry out testing of such milk for brucellosis;
b
notify the appropriate Minister of the laboratory selected;
c
once each month and at his own expense ensure that a sample of milk (which includes milk from all the dairy cows in that herd whose milk is available for sale) is sent forthwith to that laboratory for testing for evidence of the existence of brucellosis;
d
add such preservative to the sample as may be requested by the person in charge of the laboratory; and
e
ensure that the sample is labelled with —
i
a bar code or other device which enables the laboratory to identify the herd or part of a herd from which the sample was taken; and
ii
the date on which the sample was taken.
2
A person is exempt from the duty imposed by paragraph (1) above, if he only purchases pre-packed raw milk for resale —
a
in the container in which he received it with the fastenings unbroken;
b
from a vehicle which is lawfully used as shop premises; and
c
direct to the ultimate consumer,
and in this paragraph “ultimate consumer” means any person who buys milk other than for the purposes of —
i
resale;
ii
a catering establishment; or
iii
a manufacturing business.
3
No person shall in any way treat other than by adding a preservative in accordance with paragraph (1)(d) above, or tamper with, any sample or its label and a person shall be deemed to have treated or tampered with a sample if he does anything in relation to it which is likely to affect the result of the testing required under this article.
4
The person in charge of an approved laboratory shall —
a
maintain a record of those herds, the milk from which is sent to it for testing under paragraph (1) above;
b
notify the appropriate Minister forthwith if, in any month, a sample is not received from one of the herds listed in its records held under sub-paragraph (a);
c
notify the appropriate Minister within 24 hours where a sample has been tested for evidence of the existence of brucellosis and the result is positive;
d
notify the appropriate Minister within one month where a sample has been tested for evidence of the existence of brucellosis and the result is negative; and
e
maintain a record of the results of all the tests carried out for evidence of the existence of brucellosis for a period of one year from the date of the test.
5
If any person fails to take any action required of him under the provisions of paragraph (1) above, a veterinary inspector may, without prejudice to any proceedings for an offence arising out of such default, take or cause to be taken such action, and any expenses reasonably incurred by him in so doing shall be recoverable by the appropriate Minister from the person in default.
Testing of bovine animals or steers for brucellosis
8
1
The owner or person in charge of bovine animals or steers kept on any premises shall comply with a request by an appropriate officer for facilities to examine, test or diagnose any bovine animal for brucellosis, and in particular, shall arrange for the collection, penning and securing of any such animal.
2
If any person fails to comply with a reasonable request by an appropriate officer in accordance with paragraph (1) above, the appropriate Minister may, without prejudice to any proceedings for an offence arising out of such default, take or cause to be taken all such reasonable steps as may facilitate the examination, testing and diagnosis of bovine animals for brucellosis, and the expenses reasonably incurred by the appropriate Minister shall be recoverable from the person in default.
3
Where the owner or person in charge of bovine animals or steers kept on any premises arranges or permits any diagnostic test for brucellosis to be carried out on those animals, otherwise than on behalf of the appropriate Minister, he shall notify the appropriate Minister of —
a
any positive test result within 24 hours, and
b
any negative test result within one month.
4
The owner or person in charge of bovine animals or steers kept on any premises shall not do or cause to be done, anything which is likely to affect the result of a diagnostic test for brucellosis carried out on behalf of the appropriate Minister.
Marking of bovine animals
9
1
The owner or person in charge of bovine animals or steers kept on any premises shall if so required by a veterinary inspector, mark those animals in a manner specified by the veterinary inspector.
2
A veterinary inspector may paint, stamp, clip, tag or otherwise mark bovine animals or steers kept on any premises.
3
No person shall alter, remove, obliterate or deface or attempt to alter, remove, obliterate or deface any such marking.
Notification of abortion or premature calving
10
1
Where the owner or person in charge of bovine animals kept on any premises reasonably believes that an abortion or premature calving has occurred, he shall within 24 hours —
a
give notice of that fact to an appropriate officer, and
b
arrange for the isolation, as far as practicable of the animal concerned and its foetus or calf and placenta, from all other bovine animals in his ownership or charge.
2
An animal to which the provisions of paragraph (1) above apply, shall remain in isolation and its foetus or calf and placenta shall be retained by the owner or person in charge of the animal, until such time as an appropriate officer serves a notice requiring the disposal or destruction of the foetus or calf and placenta.
3
If any person on whom a notice under paragraph (2) above is served fails to comply with it, the appropriate Minister may, without prejudice to any proceedings for an offence arising out of such default, carry out or cause to be carried out the requirements of the notice and the expenses reasonably incurred by the appropriate Minister shall be recoverable by him from the person in default.
Precautions against the spread of infection
11
1
Where an appropriate officer has certified that any bovine animal kept on any premises has reacted to a diagnostic test for brucellosis, the occupier of the premises shall, on being given notice of the certification, take all reasonable steps to prevent the infection of bovine animals kept on adjoining premises by contact with bovine animals kept on his premises.
2
Where an appropriate officer has certified that any bovine animal kept on any premises has reacted to a diagnostic test for brucellosis or he reasonably believes it is infected with that disease, he may serve a notice on the owner or occupier of the premises requiring him to ensure that milk from such animals is not fed to other animals on the same premises or any other premises unless it has been pasteurised, sterilised or ultra-heat treated.
3
Where an appropriate officer reasonably believes that any bovine animal kept or formerly kept on any premises is infected with brucellosis, or has been exposed to the risk of infection by that disease, he may serve a notice on the owner or person in charge of that animal requiring him to —
a
arrange for the isolation of any animal or animals which may be specified in the notice on any part or parts of the premises so specified;
b
ensure that any part or parts of the premises specified in the notice shall not be used by any animals on the premises, or by such animals as may be specified;
c
cleanse and disinfect at his own expense such part or parts of the premises as may be specified in the notice, or any vehicle, plant or equipment before it leaves the premises;
d
treat and store manure or slurry from any place which has been used by such an animal and to restrict the spreading of manure or the spraying of such slurry in accordance with the requirements of the notice; and
e
burn, disinfect, bury or destroy any straw, litter or other matter which has or might have, come into contact with such animal or its foetus or calf and planceta in accordance with the terms specified in the notice.
4
A notice served in accordance with paragraph (3) above may require any cow or heifer on the premises which is about to calve to be isolated as far as practicable from all other bovine animals on the premises during the period of calving.
5
Where an appropriate officer reasonably believes that any bovine animal which is present at, or has been present at any slaughterhouse or other premises used for a show, exhibition, market, sale or fair is infected with brucellosis, he may serve a notice on the occupier of such slaughterhouse or other premises, prescribing the manner in which any manure, slurry or other animal waste, straw, litter or other matter which has come into contact with any such animal, is disposed of.
6
If any person on whom a notice under paragraph (5) above is served fails to comply with it, the appropriate officer may, without prejudice to any proceedings for an offence arising out of such default, carry out or cause to be carried out the requirements of the notice and the expenses incurred by him shall be recoverable by the appropriate Minister from the person in default.
Notification of full-term calving in herds affected with brucellosis
12
1
Where an animal kept or formerly kept on any premises has reacted to a diagnostic test for brucellosis, or where an appropriate officer reasonably believes that brucellosis exists on any premises, he may serve a notice on the owner or person in charge of any such bovine animal requiring him to notify the appropriate Minister within such period as may be specified in the notice, of any full-term calving which may occur among such animals.
2
Where a notice has been served on any person under paragraph (1) above and any full-term calving occurs among bovine animals to which such notice relates, the placenta and, if it dies at or after birth the calf shall be retained by that person until such time as an appropriate officer may by a further notice in writing require the disposal or destruction of the placenta and dead calf (if any).
3
If any person on whom a notice under paragraph (1) above is served fails to comply with it, the appropriate Minister may, without prejudice to any proceedings for an offence arising out of such default, carry out or cause to be carried out the requirements of the notice and the expenses reasonably incurred by the appropriate Minister shall be recoverable by him from the person in default.
Animal waste
13
Where a notice has been served on the occupier of any premises under the provisions of article 4 above, no manure, slurry or other animal waste shall be removed from the premises except under authority of a licence issued by an appropriate officer.
Restrictions on the use of semen
14
An appropriate officer may serve a notice on the owner or person in charge of bovine animals kept on any premises, prohibiting the use of semen among such animals, or restricting its use.
Shows, exhibitions and markets
15
1
No person shall use any premises in connection with the holding of any show, exhibition, market, sale or fair at which bovine animals are present, except under the authority of a licence issued by an appropriate officer.
2
Where an appropriate officer believes that any bovine animal on any premises at which a show, exhibition, market, sale or fair is being held, is infected with, or has been exposed to the risk of infection by brucellosis, he may require the animal to be removed from those premises and the owner or person in charge of such animals may choose to take them —
a
to a slaughterhouse for immediate slaughter;
b
back to the premises from which the animal was brought to the show, exhibition, market, sale or fair; or
c
to such other premises as the appropriate officer may direct.
3
A bovine animal shall only be removed in accordance with the provisions of sub-paragraphs (b) and (c) of paragraph (2) above on condition that it is immediately put into isolation for a period to be terminated by a notice served by an appropriate officer on the owner or person in charge of the animal.
Control of premises used by dealers and others for the keeping of bovine animals
16
No premises, other than premises which have been approved for the purpose by an appropriate officer shall be used —
a
by a dealer of bovine animals for the keeping of such animals in connection with his business as a dealer; or
b
by a person who regularly purchases pregnant bovine animals for resale within 30 days of their expected date of calving or within 30 days of their having calved for the keeping of any animals so purchased.
Control of infection from other animals
17
Where a veterinary inspector reasonably believes that a bovine animal kept on any premises is, or may be infected with brucellosis, he may serve a notice on the occupier or person in charge of such premises, requiring him to keep it under control in such manner or confined to such part of the premises, as may be speci|fi|ed in the notice.
Power to slaughter for brucellosis
18
Section 32 of the Animal Health Act 1981 shall apply to brucellosis.
Notice of intended slaughter
19
1
Where the appropriate Minister proposes to cause bovine animals to be slaughtered under the powers conferred by section 32 of the Animal Health Act 1981 in its application to brucellosis, a veterinary inspector may serve a notice of intended slaughter on the owner or person in charge of the animal informing him of the proposed slaughter and requiring him to detain the animal pending slaughter and isolate it as far as practicable from such other animals as may be specified.
2
The person on whom such a notice has been served shall ensure that the animal is not moved, or cause or permit it to be moved except under the authority of a licence issued by an appropriate officer.
Assistance in securing animals
20
1
Where the appropriate Minister proposes to cause a bovine animal to be slaughtered under section 32 of the Animal Health Act 1981, the owner or person in charge of the animal shall comply with all reasonable requirements of an appropriate officer for assistance in the collection, penning, and securing of the animal for identification and inspection in connection with the ascertainment of its value.
2
If the owner or person in charge of a bovine animal fails to comply with a reasonable request for assistance made under paragraph (1) above, the appropriate Minister may, without prejudice to any proceedings for an offence arising out of such default, carry out or cause to be carried out such requirements and the expenses reasonably incurred by the appropriate Minister shall be recoverable by him from the person in default.
Production of licences
21
Where, under the provisions of this Order, a licence is required for the movement of a bovine animal or steer, the person in charge of such an animal, shall on demand made under this Order by an appropriate officer, an inspector of a local authority or a police constable, furnish his name and address and shall produce the licence and allow a copy thereof or an extract therefrom to be taken.
Offences
22
Any person who without lawful authority or excuse contravenes or fails to comply with any provision of this Order shall be guilty of an offence against the Animal Health Act 1981.
Enforcement
23
This Order shall be enforced by the local authority.
Revocations
24
The instruments listed in Schedule 2 of this Order are hereby revoked.
Angela Browning
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
11th March 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
11th March 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under-Secretary of State, Welsh Office
10th March 1997


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Ynys Mon) Designation (Amendment) Order 1997 and shall come into force on 1st May 1997.
Amendment of the Environmentally Sensitive Areas (Ynys Môn) Designation Order 1993
2
1
The Environmentally Sensitive Areas (Ynys Môn) 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 paragraph (4) —
i
in subparagraph (a), for “£20” there shall be substituted “£30”;
ii
for subparagraph (b) there shall be substituted the following sub- paragraph —
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 (g), for “£90” there shall be substituted “£150”;
v
in subparagraph (h), for “£50” there shall be substituted “£90”;
vi
in subparagraph (i), for “£80” there shall be substituted “£150”;
vii
in subparagraph (j), for “£80” there shall be substituted “£125”.
b
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.
.
c
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:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dundee Teaching Hospitals National Health Service Trust (Establishment) Amendment Order 1997 and shall come into force on 16th December 1997.
2
In this Order “the principal Order ” means the Dundee Teaching Hospitals National Health Service Trust (Establishment) Order 1992 .
Amendment of Article 3 of the principal Order
2
For article 3 of the principal Order there shall be substituted the following:
3
1
The trust is established for the purposes specified in section 12A(1) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be–
a
to own and manage under section 12A(1)(a) of the Act the hospital establishments or facilities known as the Ninewells Hospital, Dundee Royal Infirmary, King’s Cross Hospital and Dundee Dental Hospital, all Dundee, and Dundee Limb Fitting Centre, Broughty Ferry, and establishments associated with these hospitals, including management of the facilities provided at and from those establishments, and also including the management of the teaching and research facilities associated with these establishments and the support services related thereto; and
b
to provide and manage under section 12A(1)(b) of the Act facilities comprising a new Orthotics Department, clinical out-patients accommodation, a multi-storey car park, surface car parking and associated facilities all at Ninewells Hospital, Dundee.
.
Sam Galbraith
Minister for Health Scottish Office
St Andrew’s House,
Edinburgh
9th December 1997


text:
1
1
This Order may be cited as the A46 Trunk Road (Newark to Lincoln Improvement) (Brough Bypass) Order 1997 and shall come into force on 9th May 1997.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA10/EM99, marked “The A46 Trunk Road (Newark to Lincoln Improvement) (Brough Bypass) Order 1997”, signed by authority of the Secretary of State for Transport and deposited at The Department of Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
D. ODDY
Divisional Director Highways Agency
15th April 1997


text:
1
This Order may be cited as the Finance Act 1996, Schedule 35, (Appointed Day) Order 1997.
2
The day appointed for the purposes of paragraph 7(2) of Schedule 35 to the Finance Act 1996 is 31st January 1997.
Bowen Wells
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd January 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Jobseeker’s Allowance and Mariners' Benefits) (Miscellaneous Amendments) Regulations 1997 and shall come into force on the day after the day on which they are made.
2
In these Regulations, “the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Circumstances in which a person is to be treated as available for employment
2
1
Regulation 14 of the Jobseeker’s Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), for the words “to whom regulation 15 applies,” there shall be substituted the words “to whom regulation 15(a), (b) or (c) applies,”.
3
For paragraph (1)(i) substitute —
i
if the period beginning on the date of claim and ending on the day before the beginning of the first week after the date of claim is less than 7 days and the circumstances in paragraph (2A) apply, for any part of that period when he is not treated as available for employment under any other provision of this regulation;
.
4
After paragraph (2) there shall be inserted the following paragraph —
2A
A person shall be treated as available for employment under paragraph (1)(i) only if —
a
where a pattern of availability is recorded in his jobseeker’s agreement, or where he has restricted the hours for which he is available in accordance with regulations 13(3) or (4) or 17(2) and that restriction has been agreed with an employment officer, he is available for employment during such of the period referred to in paragraph (1)(i) as he is not treated as available for employment under any other provision of this regulation, in accordance with —
i
his pattern of availability or, as the case may be, the hours to which he has restricted his availability in accordance with regulations 13(3) or (4) or 17(2), and
ii
any other restrictions he has placed on his availability for employment which will apply in the first week after the date of claim, provided those restrictions have been agreed with an employment officer, and
iii
if he falls within regulation 5, that regulation;
b
where no pattern of availability is recorded in his jobseeker’s agreement, he is available for employment during such of the period referred to in paragraph (1)(i) as he is not treated as available for employment under any other provision of this regulation —
i
in accordance with any restrictions he has placed on his availability for employment which will apply in the first week after the date of claim, provided those restrictions have been agreed with an employment officer, and
ii
for 8 hours on each day falling within that period on which he is not treated as available for employment to any extent under any other provision of this regulation, and
iii
if he falls within regulation 5, in accordance with that regulation.
.
Circumstances in which a person is not to be regarded as available for employment
3
In regulation 15 of the Jobseeker’s Allowance Regulations, after paragraph (b) there shall be inserted the following paragraph —
bb
if the period beginning on the date of claim and ending on the day before the beginning of the first week after the date of claim is less than 7 days, for that period, unless he is treated as available for employment for that period in accordance with regulation 14;
.
Actively seeking employment in the period at the beginning of a claim
4
After regulation 18 of the Jobseeker’s Allowance Regulations there shall be inserted the following regulation:
Actively seeking employment in the period at the beginning of a claim
18A
1
Paragraph (2) applies in any case where the period beginning on the date of claim and ending on the day before the beginning of the first week after the date of claim is less than 7 days.
2
Where this paragraph applies, a person is actively seeking employment in the period referred to in paragraph (1) if he takes in that period such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment and in determining whether a person has taken such steps —
a
the steps which it is reasonable for him to be expected to have to take include those referred to in regulation 18(2); and
b
regard shall be had to all the circumstances of the case, including those matters referred to in regulation 18(3).
.
Circumstances in which a person is to be treated as actively seeking employment
5
Sub-paragraph (i) of paragraph (1) of regulation 19 of the Jobseeker’s Allowance Regulations shall be omitted.
Special provisions relating to days of unemployment in the case of mariners
6
Regulation 6(3) of the Social Security (Mariners' Benefits) Regulations 1975 is hereby revoked.
Signed in connection with regulation 6 of the Regulations by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
10th March 1997
Signed in connection with the remainder of the Regulations by authority of the Secretary of State for Education and Employment.
Eric Forth
Minister of State,
Department for Education and Employment
7th March 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Loch Ewe, Isle of Ewe, Wester Ross, Scallops Several Fishery Order 1997 and shall come into force on 4th April 1997.
2
In this Order–
“the applicant” means Mrs Jane Hardman or Grant, No.2 Isle-Ewe, Aultbea, Ross-shire IV22 2JW;
“the grantee” means the applicant and such other person as is for the time being entitled to the right of several fishery conferred by this Order;
“the definitive map” means the map prepared in duplicate, each copy of which is signed by the Secretary of State and marked “Map referred to in the Loch Ewe, Isle of Ewe, Wester Ross, Scallops Several Fishery Order 1997”, one such copy of which is deposited in the principal office of the Scottish Office Agriculture, Environment and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW and the other such copy of which is deposited in the applicant’s place of business at No.2 Isle-Ewe, Aultbea, Ross-shire IV22 2JW; and
“the fishery” means that part of the bed of the sea in Loch Ewe, Wester Ross described in the Schedule to this Order and shown coloured pink on the definitive map.
Right of several fishery
2
Subject to the following provisions of this Order there is hereby conferred on the applicant for a period of 10 years beginning on the date on which this Order comes into force the right of several fishery for scallops with respect to the whole of the area of the fishery.
Assignation
3
The grantee shall not without the prior written consent of the Secretary of State assign or in any other way transfer the right of several fishery to any other person.
Marking of limits of fishery
4
The grantee shall cause to be clearly marked on the bed and on the surface of the sea the limits of the fishery and shall maintain the marks in position and in good repair.
Rights of the Crown
5
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the applicant to take, use, enter upon or, in any manner interfere with any land, or interest in land, any rights of whatever description (including any portion of the shore or bed of the sea, or of any river channel, creek, bay or estuary) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Raymond S Robertson
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
10th March 1997


text:
Citation and commencement
1
This Order may be cited as the Golden Valley Railway Order 1997 and shall come into force on 29th July 1997.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the Act of 1845 ” means the Railways Clauses Consolidation Act 1845 ;
“the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
“authorised works” means the scheduled works and any other works authorised by this Order;
“existing” means existing at the coming into force of this Order;
“the existing railway” means the railway described in Schedule 1 to this Order;
“the limits of deviation” means the limits of deviation for the scheduled works shown on the works plan;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“the railways” means the existing railway, Work No. 1 and Work No. 2 as described in Schedule 2 or any of them, as the case may require, together with all lands and works relating thereto and, where in the case of Work No. 1 or Work No. 2 any part of those works remains uncompleted, the expression includes the site of that part;
“the scheduled works” means the works specified in Schedule 2 to this Order;
“the sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as “the sections” for the purposes of this Order;
“ the undertaker ” means the Midland Railway Trust Limited having its registered office at Butterley Station, Ripley, Derbyshire;
“the works plan” means the plan described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as “the works plan” for the purposes of this Order.
2
In this Order, all distances, lengths, measurements and directions stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement and direction, and distances between points on a railway shall be taken to be measured along the railway.
3
Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.
Incorporation and application of enactments
3
1
The following provisions of the Act of 1845 shall be incorporated in this Order: —
section 24 (obstructing construction of railway);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 61 (company to make sufficient approaches and fences to such highways crossing on the level);
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 75 (omission to fasten gates);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways) as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923 ;
section 87 (company empowered to contract with other companies);
sections 103 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
sections 115 to 119 (engines and carriages not to be used on the railway unless approved; unfit engines to be removed);
section 145 (recovery of penalties); and
section 154 (transient offenders).
2
In those provisions, as incorporated in this Order: —
“the company” means the undertaker;
“goods” includes any thing conveyed on the railways;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means the railways;
“the special Act ” means this Order;
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on the railways.
3
In its application to the railways, section 24 of the said Act of 1845 shall have effect as if the maximum fine which may be imposed on summary conviction for an offence under that section were, instead of a fine not exceeding level 2 on the standard scale, a fine not exceeding level 3 on the standard scale.
4
In its application to the railways, section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
Power to maintain existing railway
4
The undertaker may maintain the existing railway.
Power to construct and maintain new works
5
1
The undertaker may construct and maintain the scheduled works.
2
Subject to article 8 below, the scheduled works shall be constructed in the lines or situations shown on the works plan and in accordance with the levels shown on the sections.
3
Following the completion of Work No. 3 the undertaker may fill in so much of the unnamed stream in the county of Derbyshire, borough of Amber Valley, parish of Ripley as is situated between the points marked “A” and “B” on the works plan.
Gauge of railways
6
The existing railway shall be maintained and Works Nos. 1 and 2 shall be constructed and maintained on a gauge of 610 millimetres (2 feet).
Further powers as to works
7
1
Subject to paragraph (3) below, the undertaker may on any land in which it has a sufficient interest carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the authorised works namely —
a
works to alter the position of apparatus, including mains, sewers, drains and cables,
b
works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses,
c
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works, and
d
works for the benefit or protection of premises affected by the authorised works.
2
Subject to paragraph (3) below, the undertaker may on any land in which it has a sufficient interest carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the maintenance of the existing railway or the construction and maintenance of the scheduled works.
3
Paragraphs (1) and (2) above shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses or (in relation to the scheduled works) of works outside the limits of deviation.
Power to deviate
8
In constructing or maintaining the scheduled works the undertaker may —
a
deviate laterally from the lines or situations shown on the works plan within the limits of deviation for that work shown on that plan;
b
deviate vertically from the levels shown on the sections to any extent not exceeding 2 metres upwards or downwards.
Level crossing
9
1
The undertaker may in the construction of Work No. 1 make a level crossing (“the level crossing”) with a single line of rails across footpath No. 76 in the parish of Ripley.
2
The undertaker shall observe the requirements specified in Schedule 3 to this Order in relation to the level crossing.
3
The undertaker shall not be required to erect or maintain a station or lodge at the level crossing or to provide keepers.
Operation of railways
10
1
The undertaker may operate and use the railways as a system, or part of a system, of transport for the carriage of passengers and goods.
2
Subject as below, the motive power to be used on the railways shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may in writing approve.
3
Nothing in this Order shall authorise the use of electrical power as motive power on the railways unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.
4
If electrical power is used as motive power on the railways, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 ) or with telecommunication by means of such apparatus.
Maintenance of approved works, etc.
11
1
Where pursuant to the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment (including vehicles) forming part of the railways such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the railways.
2
If without reasonable cause the provisions of paragraph (1) above are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Health and Safety Executive or the Director of Public Prosecutions.
Certification of plans, etc.
12
The undertaker shall, as soon as practicable after the making of this Order, submit at least one copy of each of the sections and of the works plan to the Secretary of State for certification that they are true copies of the sections and the works plan referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
For protection of Environment Agency
13
1
For the protection of the Environment Agency (in this article referred to as “the Agency”) the provisions of this article shall, unless otherwise agreed in writing between the undertaker and the Agency, apply and have effect.
2
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991 or any byelaws made under that Act or the Land Drainage Act 1991 in relation to anything done under or in pursuance of this Order.
3
a
Before constructing Work No. 3 or carrying out any other works involving the erection of any obstruction to the flow of any watercourse which is not part of a main river within the meaning of section 113 of the Water Resources Act 1991 or the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any such watercourse in, under or through any land held for the purposes of or in connection with the railways the undertaker shall furnish to the Agency proper and sufficient plans thereof for the approval of the Agency and shall not carry out the said works until the said plans have been approved in writing by the Agency.
b
Approval of plans furnished under this paragraph shall not be unreasonably withheld and, if within 2 months after such plans have been supplied to the Agency, it shall not have intimated its disapproval thereof and the grounds of its disapproval, it shall be deemed to have approved the plans as supplied.
c
For the purposes of this paragraph, “plans” includes sections, drawings, specifications, calculations and descriptions.
d
Any consent granted by the Agency under section 23 of the Land Drainage Act 1991 before the coming into force of this Order in relation to any works for which approval would otherwise be required under this paragraph shall be deemed to be an approval under this paragraph.
4
a
Any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for the purposes of or in connection with the railways, whether constructed under the powers of this Order or in existence prior to the making hereof, shall be maintained by the undertaker in good repair and condition and free from obstruction.
b
Nothing in this paragraph shall have the effect of requiring the undertaker to carry out works of maintenance in respect of any culvert or structure which the Agency or any other person is liable to maintain.
5
If any obstruction is erected or any culvert is constructed, altered or replaced in contravention of this article the undertaker shall upon receiving notice from the Agency take such action as may be necessary to remedy the effect of the contravention to the Agency’s satisfaction and in default the Agency may itself take such action as may be necessary and recover the expenses reasonably incurred by it in doing so from the undertaker as a debt due from it to the Agency.
6
Any dispute or difference which may arise between the Agency and the undertaker under this article shall be determined by arbitration of a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President for the time being of the Institution of Civil Engineers.
7
The provisions of the Act of 1845 applied by this Order shall be subject to the provisions of this article.
Signed by authority of the Secretary of State for Transport
A. S. D. Whybrow
Head of Traffic Policy Division,
Department of the Environment, Transport and the Regions
8th July 1997


text:
Citation and commencement
1
These regulations may be cited as the Control of Trade in Endangered Species (Enforcement) Regulations 1997 and shall come into force on 1st June 1997.
Interpretation
2
1
In these Regulations —
“acquired” means, in relation to a specimen, taken from the wild or the point at which it was born in captivity or artificially propagated;
“acquired unlawfully” means acquired contrary to the provisions of the Principal Regulation or the Subsidiary Regulation;
“authorised person” means a person duly authorised in writing by the Secretary of State for the purposes of these Regulations;
“import” means introduce into the Community;
“imported unlawfully” means introduced into the Community contrary to the provisions of the Principal Regulation or the Subsidiary Regulation;
“premises” includes any place, and, in particular, includes any vehicle, vessel, aircraft, hovercraft, tent or movable structure;
“Principal Regulation” means Council Regulation ( EC ) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein;
“registered veterinary surgeon” means a person who is registered in the register of veterinary surgeons under section 2 of the Veterinary Surgeons Act 1966 ;
“Subsidiary Regulation” means Commission Regulation of (EC) No. 939/97 on the implementation of Council Regulation (EC) No. 338/97 on the protection of wild species of fauna and flora by regulating trade therein.
2
For the purposes of these Regulations references to a permit or certificate are references to any of the following —
a
an import permit of the kind referred to in Article 4 of the Principal Regulation;
b
an export permit or re-export certificate of the kind referred to in Article 5 of the Principal Regulation;
c
a certificate of any of the kinds referred to in Article 10 of the Principal Regulation;
d
a certificate of the kind referred to in Article 18 of the Subsidiary Regulation;
e
a label of the kind referred to in Article 7(4) of the Principal Regulation;
f
in so far as, in accordance with Article 43 of the Subsidiary Regulation, reliance may be placed on a permit or certificate issued under Council Regulation ( EEC ) No. 3626/82 and Commission Regulation (EEC) No. 3418/83 , a permit or certificate issued under those Regulations.
3
Unless the context otherwise requires, expressions used in these Regulations, and which are also used in the Principal or Subsidiary Regulations, shall have the meaning they bear in those Regulations.
4
Any reference in these Regulations to a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
False statements etc.
3
1
A person who, for the purpose of obtaining, whether for himself or another, the issue of a permit or certificate —
a
knowingly or recklessly makes a statement or representation which is false in a material particular; or
b
knowingly or recklessly furnishes a document or information which is false in a material particular; or
c
for any purpose in connection with the Principal Regulation or the Subsidiary Regulation, knowingly or recklessly uses or furnishes a false, falsified or invalid permit or certificate or one altered without authorisation,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both, or on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
2
A person who knowingly or recklessly makes an import notification which is false in a material particular shall be guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale, or to a term of imprisonment not exceeding three months, or to both; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
3
Without prejudice to Article 11(2)(a) of the Principal Regulation —
a
a permit or certificate in relation to which an offence under paragraph (1) has been committed shall be void; and
b
an import notification in relation to which an offence under paragraph (2) has been committed shall be void.
Misuse of permits and certificates
4
1
A person who knowingly falsifies or alters any permit or certificate shall be guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale, or to a term of imprisonment not exceeding three months, or to both; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
2
A person who knowingly uses a permit, certificate or import notification for any specimen other than that for which it was issued shall be guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale, or to a term of imprisonment not exceeding three months, or to both; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
3
A person who knowingly uses a specimen of a species listed in Annex A of the Principal Regulation otherwise than in accordance with the authorisation given at the time of issue of the import permit or subsequently, shall be guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale, or to a term of imprisonment not exceeding three months, or to both; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
Proof of lawful import or export
5
Where any specimen is being imported or exported or has been imported or brought to any place for the purpose of being exported, a person commissioned by the Commissioners of Customs and Excise, or a person authorised by them, may require any person possessing or having control of that specimen to furnish proof that its importation or exportation is or was not unlawful by virtue of the Principal Regulation or, as the case may be, the Subsidiary Regulation and, until such proof is furnished, the specimen shall be liable to detention under the Customs and Excise Management Act 1979 and, if such proof is not furnished to the satisfaction of the Commissioners, the specimen shall be liable to forfeiture under that Act.
Compliance with permits or certificates
6
Any person who knowingly contravenes any condition or requirement of a permit or certificate issued in accordance with the Principal Regulation or Subsidiary Regulation shall be guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale, or to a term of imprisonment not exceeding three months, or to both; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
Movement of live specimens
7
1
Where an import permit or any certificate issued in accordance with the Principal Regulation in respect of a live specimen of a species listed in Annex A to the Principal Regulation specifies an address at which the specimen must be kept, any person who, without reasonable excuse, and contrary to Article 9 of the Principal Regulation,
a
causes or permits that specimen to be transferred from that address without prior written authorisation from the Secretary of State; or
b
keeps that specimen at premises other than the specified address or location without prior written authorisation from the Secretary of State,
shall be guilty of an offence.
2
Any person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale, or to a term of imprisonment not exceeding three months, or to both; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
Purchase and sale etc
8
1
Subject to paragraphs (3) and (4), a person who, contrary to Article 8 of the Principal Regulation, purchases, offers to purchase, acquires for commercial purposes, displays to the public for commercial purposes, uses for commercial gain, sells, keeps for sale, offers for sale or transports for sale any specimen of a species listed in Annex A to the Principal Regulation shall be guilty of an offence.
2
Subject to paragraphs (4) and (5), any person who, contrary to Article 8 of the Principal Regulation, purchases, offers to purchase, acquires for commercial purposes, sells, keeps for sale, offers for sale or transports for sale any specimen of a species listed in Annex B to the Principal Regulation which has been imported or acquired unlawfully shall be guilty of an offence.
3
Paragraph (1) does not apply to anything done under, and in accordance with the terms of, any certificate or general derogation granted pursuant to Article 8 of the Council Regulation.
4
A person shall not be guilty of an offence under paragraph (1) or (2) if he proves to the satisfaction of the court that at the time the alleged offence was committed he had no reason to believe that the specimen was a specimen of a species listed in Annex A, or as the case may be Annex B.
5
A person shall not be guilty of an offence under paragraph (2) if he proves to the satisfaction of the court —
a
that at the time when the specimen first came into his possession he made such enquiries (if any) as in the circumstances were reasonable in order to ascertain whether it was imported or acquired unlawfully; and
b
that at the time the alleged offence was committed, he had no reason to believe that the specimen was imported or acquired unlawfully.
6
Without prejudice to the generality of paragraph (5) above, a person shall be taken to have made such enquiries as are mentioned there if he produces to the court a statement which was furnished by the person from whom he obtained possession of the specimen (“the supplier”), which was signed by the supplier or by a person authorised by him, and which states that —
a
the supplier made enquiries at the time the specimen came into his possession in order to ascertain whether it was a specimen which had been imported or acquired unlawfully; and
b
the supplier had no reason to believe at the time he relinquished possession of the specimen to the accused that the article was at that time a specimen which had been imported or acquired unlawfully.
7
A person who furnishes, for the purposes of regulation 6 above, a statement which he knows to be false in a material particular, or recklessly furnishes for those purposes a certificate which is false in a material particular, shall be guilty of an offence.
8
A person guilty of an offence under paragraph (1), (2) or (7) above shall be liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale, to a term of imprisonment not exceeding three months, or to both; and
b
on conviction on indictment, to a term of imprisonment not exceeding two years or a fine, or to both.
Powers of entry
9
1
If, on an application made by a constable, a justice of the peace or sheriff is satisfied that there are reasonable grounds for believing —
a
that there is any unlawfully imported or acquired specimen on premises specified in the application; or
b
that an offence under these Regulations has been or is being committed and that evidence of the offence may be found on any premises,
and that any of the conditions specified in paragraph (2) applies, he may issue a warrant authorising any constable to enter upon and search those premises; and such a warrant may authorise persons to accompany any constable who is executing it.
2
The conditions referred to in paragraph (1) are —
a
that admission to the premises has been refused; or
b
that refusal is apprehended; or
c
that the case is one of urgency; or
d
that an application for admission to the premises would defeat the object of the entry.
3
A constable who is, by virtue of paragraph (1), lawfully on any premises may, in order to determine the identity or ancestry of any specimen, require the taking from any specimen of a sample of blood or tissue provided that —
a
the sample is taken by a registered veterinary surgeon; and
b
the taking of such a sample will not cause lasting harm to the specimen.
4
An authorised person may, at any reasonable time and (if required to do so) upon producing evidence that he is so authorised, enter and inspect for the purpose of —
a
ascertaining whether the premises are being used for any of the following activities: purchase, offering to purchase, acquisition for commercial purposes, display to the public for commercial purposes, use for commercial gain, sale, keeping for sale, offering for sale or transporting for sale contrary to Article 8 of the Principal Regulation; or
b
verifying information supplied by a person for the purpose of obtaining a permit or certificate; or
c
ascertaining whether any live specimen is being kept on premises at the address specified in the import permit issued for that specimen as that at which the specimen is to be kept; or
d
ascertaining whether any condition of a permit or certificate has been or is being observed,
any premises where he has reasonable cause to believe a specimen is being kept.
5
An authorised person who is, by virtue of paragraph (4), lawfully on any premises may, in order to determine the identity or ancestry of any specimen for the purposes specified in that paragraph, require the taking from any specimen of a sample of blood or tissue provided that —
a
the sample is taken by a registered veterinary surgeon; and
b
the taking of such a sample will not cause lasting harm to the specimen.
6
Any person who intentionally obstructs an authorised person acting in accordance with the powers conferred by this regulation shall be guilty of an offence and shall for every such obstruction be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
7
If a person, with intent to deceive, pretends to be an authorised person, he shall be guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale, or to a term of imprisonment not exceeding three months, or to both; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
Powers of seizure
10
— A constable who is, by virtue of regulation 9(1) above, lawfully on any premises may seize any thing where he has reasonable grounds for believing that such seizure is —
a
necessary for the protection of the constable or any person accompanying him; or
b
otherwise essential to effect seizure of the specimen referred to in that paragraph; or
c
necessary for the conservation of evidence; or
d
in the interests of the welfare of the specimen.
Forfeiture
11
1
The court by which any person is convicted of an offence under these Regulations —
a
shall order the forfeiture of any specimen or other thing in respect of which the offence was committed; and
b
may order the forfeiture of any vehicle, equipment or other thing which was used to commit the offence.
2
In paragraph (1)(b) “vehicle” includes aircraft, hovercraft and boat.
Offences by corporations
12
1
Where an offence under these regulations which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
For this purpose “director”, in relation to any body corporate whose affairs are managed by its members, means any member of the body.
3
Where an offence under these Regulations committed by a Scottish partnership or unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a partner in the partnership or, as the case may be, a person concerned in the management and control of the association, he (as well as the partnership) shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Revocation and savings
13
1
The Control of Trade in Endangered Species (Enforcement) Regulations 1985 are hereby revoked.
Michael Meacher
Minister of State,
Department of the Environment
29th May 1997


text:
Citation and commencement
1
These Regulations may be cited as the Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1997 and shall come into force on 1st December 1997.
Amendment of regulation 47A of the Jobseeker’s Allowance Regulations 1996
2
In regulation 47A of the Jobseeker’s Allowance Regulations 1996 (jobseeking periods: periods of interruption of employment) —
a
immediately before paragraph (a) there shall be inserted the following paragraph —
za
where a linked period commenced before 7th October 1996 and is still current on 1st December 1997, any days of unemployment which form part of a period of interruption of employment where the last day of unemployment in that period of interruption of employment was no more than 8 weeks before the date upon which that linked period commenced;
;
b
at the end, there shall be added the words “and, for the purposes of paragraph (za), a day shall be treated as being, or not being, a day of unemployment in accordance with section 25A of the Social Security Contributions and Benefits Act 1992 and with any regulations made under that section, as in force on 6th October 1996”.
Amendment of regulation 8 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996
3
In regulation 8 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 (claims for entitlement to a jobseeker’s allowance), in paragraph (4)(a), after the words “312 days” there shall be inserted the words “but only in so far as this sub-paragraph has effect in the case of any person in respect of any date falling before 1st 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
7th November 1997


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government Act 1988 (Competition) (England) (No. 2) Regulations 1997 and shall come into force on 12th December 1997.
2
These Regulations apply to defined authorities in England only.
Interpretation
2
In these Regulations —
“the construction regulations” means the Local Government Act 1988 (Competition) (Construction and Property Services) (England) Regulations 1994 ;
“the financial services regulations” means the Local Government Act 1988 (Competition) (Financial Services) (England) Regulations 1995 ;
“the housing management regulations” means the Local Government Act 1988 (Competition) (Housing Management) (England) Regulations 1994 ;
“the information technology regulations” means the Local Government Act 1988 (Competition) (Information Technology) (England) Regulations 1995 ;
“the legal services regulations” means the Local Government Act 1988 (Competition) (Legal Services) (England) Regulations 1994 ;
“the personnel services regulations” means the Local Government Act 1988 (Competition) (Personnel Services) (England) Regulations 1995 .
Amendments to the construction regulations
3
1
The construction regulations are amended in accordance with paragraphs (2) to (4) below.
2
With effect from 1st October 1998 in regulation 2 (interpretation) —
a
substitute the following for the definition of “allowable period” —
“allowable period”, in relation to a defined authority of the description specified in paragraph (2), means the period of two years commencing with the day on which section 6 of the Act first applies to that authority;
b
substitute the following for the definition of “the cost” —
“the cost” means the estimated total annual cost including overheads provided that that estimated cost (including overheads) is not treated by a defined authority as forming part of the cost of —
another defined activity; or
work to which Part III (direct labour organisations) of the Local Government, Planning and Land Act 1980 applies;
c
substitute the following for the definition of “the specified proportion” —
“the specified proportion” means an amount equal to the product of the formula
( T - ( A + B ) ) - ( C + D + E + F + G + H + J )
where —
T
an amount equal to the cost to a defined authority of the specified work;
A
an amount equal to the cost of specified work which is being carried out by a person other than a defined authority in connection with work falling within any other defined activity or in connection with work to which Part III (direct labour organisations) of the Local Government, Planning and Land Act 1980 applies where that work is being carried out by another person on behalf of a defined authority;
B
an amount equal to any amount included in T in respect of goods or services which are provided by a person other than a defined authority;
C
an amount equal to 45% of (T − (A + B)) or £450,000, whichever is greater;
D
for work awarded before 1st April 1994, an amount equal to the cost of specified work which is being carried out following voluntary competitive tendering;
for work awarded after 12th December 1997, an amount equal to 125% of the cost of specified work which is being carried out following voluntary competitive tendering;
E
an amount equal to the cost of any specified work being carried out following a competitive tendering process in respect of that work conducted in accordance with the provisions of the Act;
F
an amount equal to the cost of any specified work being carried out by a person other than a defined authority following a competitive tendering process where —
no defined authority submitted a bid to carry out that work; and
that work had previously been carried out by the defined authority conducting that process or by its predecessor;
G
an amount equal to 45% of the cost of work carried out by a defined authority which is funded from a school’s delegated budget provided under a scheme prepared in accordance with section 103 (local education authority required to have scheme for purposes of Chapter V) of the Education Act 1996;
H
until 30th September 2000, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) where that functional work is not subject to section 6 (functional work: restrictions) of the Act;
on and after 1st October 2000, nil;
J
in relation to a defined authority of the description mentioned in paragraph (2) and for the allowable period applicable to that authority, an amount equal to the cost (including overheads) of work falling within paragraph 12(3)(d) or (e) of Schedule 1 to the Act, where that work has been started before the commencement of the allowable period,
in relation to any such authority and for any period other than the allowable period applicable to that authority, nil,
in relation to any other defined authority, nil:
provided that —
any amount taken into account in applying any element in the formula (other than T) shall not also be taken into account in applying any other element in the formula; and
any such amount shall not be taken into account in applying any element in the formula used for calculating the specified proportion of any other defined activity; ;
d
after the definition of “specified work” insert —
“structural change” means a change, effected by order under section 17 (implementation of recommendations by order) of the Local Government Act 1992, of the description mentioned in paragraph (a) or (b) of subsection (1) of section 14 (changes that may be recommended) of that Act; ;
and
e
substitute the following for the definition of “voluntary competitive tendering” —
“voluntary competitive tendering” means the award (whether or not to the defined authority conducting the process) of work following a competitive process in the course of which at least three persons who are not defined authorities were invited to tender for that work.
.
3
With effect from 1st October 1998 —
a
after “ 2. ” insert “ — (1)”; and
b
at the end of new paragraph (1) insert —
2
The description for the purposes of —
a
the definition of “allowable period”; and
b
assigning a value to J in the formula set out in the definition of “the specified proportion”,
is a local authority which is subject to, or created by, a structural change taking effect on 1st April 1996, 1st April 1997 or 1st April 1998.
.
4
With effect from 31st March 1998, in regulation 3 (application of section 6) —
a
in paragraph (a), omit the words from “or boundary” to “(“a structural change”)”;
b
in paragraph (b), for “1st April 1998” substitute “1st October 1998”; and
c
in paragraph (c), for “1st April 1999” substitute “1st October 1999”.
Amendments to the financial services regulations
4
1
The financial services regulations are amended in accordance with paragraphs (2) and (3) below.
2
With effect from 1st January 1999, in regulation 2 (interpretation) —
a
substitute the following for the definition of “the cost” —
“the cost” means the estimated total annual cost including overheads provided that that estimated cost (including overheads) is not treated by a defined authority as forming part of the cost of —
another defined activity; or
work to which Part III (direct labour organisations) of the Local Government, Planning and Land Act 1980 applies ;
b
substitute the following for the definition of “the specified proportion” —
“the specified proportion” means an amount equal to the product of the formula
( T - ( A + B ) ) - ( C + D + E + F + G + H )
where —
T
an amount equal to the cost to a defined authority of the specified work and of determination work;
A
an amount equal to the cost of specified work which is being carried out by a person other than a defined authority in connection with work falling within any other defined activity or in connection with work to which Part III (direct labour organisations) of the Local Government, Planning and Land Act 1980 applies where that work is being carried out by another person on behalf of a defined authority;
B
an amount equal to any amount included in T in respect of goods or services which are provided by a person other than a defined authority;
C
an amount equal to 60% of (T − (A + B)) or £300,000, whichever is greater;
D
for work awarded before 1st April 1994, an amount equal to the cost of specified work which is being carried out following voluntary competitive tendering;
for work awarded after 12th December 1997, an amount equal to 125% of the cost of specified work which is being carried out following voluntary competitive tendering;
E
an amount equal to the cost of any specified work being carried out following a competitive tendering process in respect of that work conducted in accordance with the provisions of the Act;
F
an amount equal to the cost of any specified work being carried out by a person other than a defined authority following a competitive tendering process where —
no defined authority submitted a bid to carry out that work; and
that work had previously been carried out by the defined authority conducting that process or by its predecessor;
G
an amount equal to 60% of the cost of work carried out by a defined authority which is funded from a school’s delegated budget provided under a scheme prepared in accordance with section 103 (local education authority required to have scheme for purposes of Chapter V) of the Education Act 1996;
H
until 30th September 2000, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) where that functional work is not subject to section 6 (functional work: restrictions) of the Act;
on and after 1st October 2000, nil:
provided that —
any amount taken into account in applying any element in the formula (other than T) shall not also be taken into account in applying any other element in the formula; and
any such amount shall not be taken into account in applying any element in the formula used for calculating the specified proportion of any other defined activity; ;
c
after the definition of “specified work” insert —
“structural change” means a change, effected by order under section 17 (implementation of recommendations by order) of the Local Government Act 1992, of the description mentioned in paragraph (a) or (b) of subsection (1) of section 14 (changes that may be recommended) of that Act; ;
and
d
substitute the following for the definition of “voluntary competitive tendering” —
“voluntary competitive tendering” means the award (whether or not to the defined authority conducting the process) of work following a competitive process in the course of which at least three persons who are not defined authorities were invited to tender for that work
.
3
With effect from 30th September 1998, in regulation 3 (application of section 6), in paragraph (1) —
a
in sub-paragraph (a), omit the words from “or boundary” to “(“a structural change”)”;
b
in sub-paragraph (b), for “1st October 1988” substitute “1st April 1999”;
c
in sub-paragraph (c), for “1st October 1999” substitute “1st January 2000”; and
d
in sub-paragraph (d) , for “1st October 1998” substitute “1st April 1999”.
Amendments to the housing management regulations
5
Regulation 2 (interpretation) of the housing management regulations is amended, with effect from 1st October 1998 —
a
by the insertion, after the definition of “the Act”, of the following definition —
“the cost” means the estimated total annual cost including overheads provided that that estimated cost (including overheads) is not treated by a defined authority as forming part of the cost of —
another defined activity; or
work to which Part III (direct labour organisations) of the Local Government, Planning and Land Act 1980 applies;
;
b
in the definition of “the specified proportion”, by the substitution —
i
for the definition of “T”, of the following —
“T”
an amount equal to the cost to a defined authority of the specified work;
; and
ii
for the definition of “B”, of the following —
“B” =
for work awarded before 1st September 1994, an amount equal to the cost of specified work which is being carried out following voluntary competitive tendering;
for work awarded after 12th December 1997, an amount equal to 125% of the cost of specified work which is being carried out following voluntary competitive tendering;
for any period other than the permitted period, nil;
and
c
by the substitution of the following for the definition of “voluntary competitive tendering” —
“voluntary competitive tendering” means the award (whether or not to the defined authority conducting the process) of work following a competitive process in the course of which at least three persons who are not defined authorities were invited to tender for that work.
.
Amendments to the information technology regulations
6
1
The information technology regulations are amended in accordance with paragraphs (2) and (3) below.
2
With effect from 1st April 1999, in regulation 2 (interpretation) —
a
substitute the following for the definition of “the cost” —
“the cost” means the estimated total annual cost including overheads provided that that estimated cost (including overheads) is not treated by a defined authority as forming part of the cost of —
another defined activity; or
work to which Part III (direct labour organisations) of the Local Government, Planning and Land Act 1980 applies; ;
b
substitute the following for the definition of “the specified proportion” —
“the specified proportion” means an amount equal to the product of the formula
( T - ( A + B ) ) - ( C + D + E + F + G + H + J )
where —
T
an amount equal to the cost to a defined authority of the specified work;
A
an amount equal to the cost of specified work which is being carried out by a person other than a defined authority in connection with work falling within any other defined activity or in connection with work to which Part III (direct labour organisations) of the Local Government, Planning and Land Act 1980 applies where that work is being carried out by another person on behalf of a defined authority;
B
an amount equal to any amount included in T in respect of goods or services which are provided by a person other than a defined authority;
C
an amount equal to 60% of (T − (A + B)) or £300,000, whichever is greater;
D
for work awarded before 1st April 1994, an amount equal to the cost of specified work which is being carried out following voluntary competitive tendering;
for work awarded after 12th December 1997, an amount equal to 125% of the cost of specified work which is being carried out following voluntary competitive tendering;
E
an amount equal to the cost of any specified work being carried out following a competitive tendering process in respect of that work conducted in accordance with the provisions of the Act;
F
an amount equal to the cost of any specified work being carried out by a person other than a defined authority following a competitive tendering process where —
no defined authority submitted a bid to carry out that work; and
that work had previously been carried out by the defined authority conducting that process or by its predecessor;
G
an amount equal to 60% of the cost of work carried out by a defined authority which is funded from a school’s delegated budget provided under a scheme prepared in accordance with section 103 (local education authority required to have scheme for purposes of Chapter V) of the Education Act 1996;
H
until 30th September 2000, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) where that functional work is not subject to section 6 (functional work: restrictions) of the Act;
on and after 1st October 2000, nil;
J
J = an amount equal to the cost of specified work which is being carried out by a defined authority, being work undertaken by way of functional work at the request of any person other than a defined authority who is carrying out work (“other work”) on the authority’s behalf, for the purposes of facilitating such work:
provided that —
any amount taken into account in applying any element in the formula (other than T) shall not also be taken into account in applying any other element in the formula; and
any such amount shall not be taken into account in applying any element in the formula used for calculating the specified proportion of any other defined activity; ;
c
after the definition of “specified work” insert —
“structural change” means a change, effected by order under section 17 (implementation of recommendations by order) of the Local Government Act 1992, of the description mentioned in paragraph (a) or (b) of subsection (1) of section 14 (changes that may be recommended) of that Act;
; and
d
substitute the following for the definition of “voluntary competitive tendering” —
“voluntary competitive tendering” means the award (whether or not to the defined authority conducting the process) of work following a competitive process in the course of which at least three persons who are not defined authorities were invited to tender for that work.
.
3
With effect from 31st March 1998, in regulation 3 (application of section 6) —
a
in paragraph (1)(a), omit the words from “or boundary” to “(“a structural change”)”;
b
in paragraph (1)(b), for “1st October 1999” substitute “1st April 2000”; and
c
in paragraph (1)(d), for “1st April 1999” substitute “1st April 2000”.
Amendment of the legal services regulations
7
1
The legal services regulations are amended in accordance with paragraphs (2) and (3) below.
2
With effect from 1st October 1998, in regulation 2 (interpretation) —
a
substitute the following for the definition of “the cost” —
“the cost” means the estimated total annual cost including overheads provided that that estimated cost (including overheads) is not treated by a defined authority as forming part of the cost of —
another defined activity; or
work to which Part III (direct labour organisations) of the Local Government, Planning and Land Act 1980 applies; ;
b
substitute the following for the definition of “the specified proportion” —
“the specified proportion” means an amount equal to the product of the formula
( T - ( A + B ) ) - ( C + D + E + F + G + H )
where —
T
an amount equal to the cost to a defined authority of the specified work;
A
an amount equal to the cost of specified work which is being carried out by a person other than a defined authority in connection with work falling within any other defined activity or in connection with work to which Part III (direct labour organisations) of the Local Government, Planning and Land Act 1980 applies where that work is being carried out by another person on behalf of a defined authority;
B
an amount equal to any amount included in T in respect of goods or services which are provided by a person other than a defined authority;
C
an amount equal to 55% of (T − (A + B)) or £300,000, whichever is greater;
D
for work awarded before 1st April 1994, an amount equal to the cost of specified work which is being carried out following voluntary competitive tendering;
for work awarded after 12th December 1997, an amount equal to 125% of the cost of specified work which is being carried out following voluntary competitive tendering;
E
an amount equal to the cost of any specified work being carried out following a competitive tendering process in respect of that work conducted in accordance with the provisions of the Act;
F
an amount equal to the cost of any specified work being carried out by a person other than a defined authority following a competitive tendering process where —
no defined authority submitted a bid to carry out that work; and
that work had previously been carried out by the defined authority conducting that process or by its predecessor;
G
an amount equal to 55% of the cost of work carried out by a defined authority which is funded from a school’s delegated budget provided under a scheme prepared in accordance with section 103 (local education authority required to have scheme for purposes of Chapter V) of the Education Act 1996;
H
until 30th September 2000, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) where that functional work is not subject to section 6 (functional work: restrictions) of the Act;
on and after 1st October 2000, nil:
provided that —
any amount taken into account in applying any element in the formula (other than T) shall not also be taken into account in applying any other element in the formula; and
any such amount shall not be taken into account in applying any element in the formula used for calculating the specified proportion of any other defined activity; ;
c
after the definition of “specified work” insert —
“structural change” means a change, effected by order under section 17 (implementation of recommendations by order) of the Local Government Act 1992, of the description mentioned in paragraph (a) or (b) of subsection (1) of section 14 (changes that may be recommended) of that Act;
; and
d
substitute the following for the definition of “voluntary competitive tendering” —
“voluntary competitive tendering” means the award (whether or not to the defined authority conducting the process) of work following a competitive process in the course of which at least three persons who are not defined authorities were invited to tender for that work
.
3
With effect from 31st March 1998, in regulation 3(1) (application of section 6) —
a
in paragraph (a), omit the words from “or boundary” to “(“a structural change”)”;
b
in paragraph (b), for “1st April 1998” substitute “1st October 1998”;
c
in paragraph (c), for “1st April 1999” substitute “1st October 1999”.
Amendment of the personnel services regulations
8
1
The personnel services regulations are amended in accordance with paragraphs (2) and (3) below.
2
With effect from 1st January 1999, in regulation 2 (interpretation) —
a
substitute the following for the definition of “the cost” —
“the cost” means the estimated total annual cost including overheads provided that that estimated cost (including overheads) is not treated by a defined authority as forming part of the cost of —
another defined activity; or
work to which Part III (direct labour organisations) of the Local Government, Planning and Land Act 1980 applies; ;
b
substitute the following for the definition of “the specified proportion” —
“the specified proportion” means an amount equal to the product of the formula
( T - ( A + B ) ) - ( C + D + E + F + G + H + J )
where —
T
an amount equal to the cost to a defined authority of the specified work;
A
an amount equal to the cost of specified work which is being carried out by a person other than a defined authority in connection with work falling within any other defined activity or in connection with work to which Part III (direct labour organisations) of the Local Government, Planning and Land Act 1980 applies where that work is being carried out by another person on behalf of a defined authority;
B
an amount equal to any amount included in T in respect of goods or services which are provided by a person other than a defined authority;
C
an amount equal to 60% of (T − (A + B)) or £300,000, whichever is greater;
D
for work awarded before 1st April 1994, an amount equal to the cost of specified work which is being carried out following voluntary competitive tendering;
for work awarded after 12th December 1997, an amount equal to 125% of the cost of specified work which is being carried out following voluntary competitive tendering;
E
an amount equal to the cost of any specified work being carried out following a competitive tendering process in respect of that work conducted in accordance with the provisions of the Act;
F
an amount equal to the cost of any specified work being carried out by a person other than a defined authority following a competitive tendering process where —
no defined authority submitted a bid to carry out that work; and
that work had previously been carried out by the defined authority conducting that process or by its predecessor;
G
an amount equal to 60% of the cost of work carried out by a defined authority which is funded from a school’s delegated budget provided under a scheme prepared in accordance with section 103 (local education authority required to have scheme for purposes of Chapter V) of the Education Act 1996;
H
until 30th September 2000, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) where that functional work is not subject to section 6 (functional work: restrictions) of the Act;
on and after 1st October 2000, nil;
J
an amount equal to 60% of the cost of work falling within paragraph 15(1)(g) of Schedule 1 to the Act where that work is carried out by a defined authority and is wholly funded by —
a grant paid to the authority pursuant to section 484 (grants for education support and training) of the Education Act 1996 which is paid on to a governing body of a school with a delegated budget provided under a scheme prepared in accordance with section 103 of that Act; or
a matching contribution by the authority to such a grant which is paid on to such a governing body:
provided that —
any amount taken into account in applying any element in the formula (other than T) shall not also be taken into account in applying any other element in the formula; and
any such amount shall not be taken into account in applying any element in the formula used for calculating the specified proportion of any other defined activity; ;
c
after the definition of “specified work” insert —
“structural change” means a change, effected by order under section 17 (implementation of recommendations by order) of the Local Government Act 1992, of the description mentioned in paragraph (a) or (b) of subsection (1) of section 14 (changes that may be recommended) of that Act; ;
and
d
substitute the following for the definition of “voluntary competitive tendering” —
“voluntary competitive tendering” means the award (whether or not to the defined authority conducting the process) of work following a competitive process in the course of which at least three persons who are not defined authorities were invited to tender for that work
.
3
With effect from 31st March 1998, in regulation 3 (application of section 6), in paragraph (1) —
a
in sub-paragraph (a), omit the words from “or boundary” to “(“a structural change”)”;
b
in sub-paragraph (b), for “1st October 1998” substitute “1st January 1999”;
c
in sub-paragraph (c), for “1st October 1999” substitute “1st January 2000”; and
d
in sub-paragraph (d), for “1st April 1998” substitute “1st January 1999”.
Revocation of Regulations
9
1
Subject to paragraph (2), the Local Government Act 1988 (Competition) (England) Regulations 1997 , are hereby revoked.
2
Nothing in paragraph (1) affects the amendments made by regulations 3(2) and (3), 4(2) to (4), 5(2) and (3), 6(2) and (3) and 7(2) and (3), or the revocation made by regulation 8, of those Regulations.
3
In the Local Government Act 1988 (Competition) (Financial Services) (England) Regulations 1995 , in regulation 2 (interpretation), the definition of “the allowable period” is hereby revoked with effect from 1st January 1999.
Signed by authority of the Secretary of State for the Environment
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
17th November 1997


text:
Citation
1
This Order may be cited as the Devon Fire Services (Combination Scheme) Order 1997 and shall come into force on the day after the day on which it is made.
Combination Scheme
2
The combination scheme set out in the Schedule to this Order, which shall be known as the Devon Fire Services Combination Scheme, shall have effect.
George Howarth
Parliamentary Under-Secretary of State, Home Office
8th November 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Grant-Maintained Special Schools) (Amendment) Regulations 1997 and shall come into force on 1st October 1997.
2
In these Regulations “the principal Regulations ” means the Education (Grant-Maintained Special Schools) Regulations 1994 .
Amendment of principal Regulations
2
For regulation 41 of the principal Regulations there shall be substituted the following regulation —
Functions of the Qualifications and Curriculum Authority and the Qualifications, Curriculum and Assessment Authority for Wales
41
Sections 23 and 29 of the Education Act 1997 shall apply in relation to a grant-maintained special school which is not established in a hospital as they apply in relation to a grant-maintained school.
.
Signed by authority of the Secretary of State.
Estelle Morris
Parliamentary Under Secretary of State,
Department for Education and Employment
3rd September 1997
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
4th September 1997


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 1997 and shall come into force on 1st January 1998.
Amendment of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973
2
In regulation 3 of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 (fees) —
a
in paragraph (1) (fee for registration of premises), for “£128” substitute “£131” and for “£69” (fee where premises are in Northern Ireland) substitute “£71”;
b
in paragraph (2) (retention fee), for “£82” substitute “£84” and for “£64” (fee where premises are in Northern Ireland) substitute “£66”;
c
in paragraph (3) (additional sum by way of penalty), for “£264” substitute “£270” and for “£197” (sum where premises are in Northern Ireland) substitute “£202”.
Revocation
3
The Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 1996 are hereby revoked.
Signed by the authority of the Secretary of State for Health,
Alan Milburn
Minister of State,
Department of Health
December 1997
Signed by the authority of the Secretary of State for Wales,
Win Griffiths
Parliamentary Under Secretary of State, The Welsh Office
December 1997
Sam Galbraith
Minister of Health, The Scottish Office
December 1997
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
D C Gowdy
Permanent Secretary
3rd day of December 1997.


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 3) Regulations 1997 and shall come into force on 31st December 1997.
Amendment of the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984
2
1
The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 shall be further amended as follows.
2
In regulation 13A(2) (obligatory certificates) for “1st January 1998” there shall be substituted “1st May 1998”.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th December 1997