type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Birmingham Heartlands and Solihull (Teaching) National Health Service Trust (Transfer of Trust Property) Order 1997 and shall come into force on 25th March 1997.
2
In this Order —
“the Authority” means Solihull Health Authority;
“the Trust” means the Birmingham Heartlands and Solihull (Teaching) National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 15th January 1997, which Schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 25th March 1997 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under Secretary of State,
Department of Health
24th February 1997


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Rushcliffe Borough Council) Order 1997 and shall come into force on 1st September 1997.
Exemption of sports and leisure facilities management
2
The management of sport and leisure facilities shall not be treated as a defined activity so long as it is carried out by the council of the borough of Rushcliffe during the period beginning with 1st September 1997 and ending with 31st March 1998 in the following premises in the borough —
a
Rushcliffe Arena, Rugby Road, West Bridgford
West Bridgford Community Hall, Church Drive, West Bridgford
West Bridgford Junior School, Exchange Road
Cotgrave Leisure Centre, Woodview, Cotgrave; and
b
at the following recreation grounds in West Bridgford —
Abbey Park
Adbolton Grove
Alford Road Playing Fields, Alford Road
Boundary Road
Bridgford Park, Bridgford Road
Denton Drive
Gresham Playing Fields, Wilford Lane
Greythorne Drive
The Hook, Holme Rd
Oaktree Close
West Park, Loughborough Road
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
13th March 1997


text:
Citation
1
This Order may be cited as the Local Government (Contracts) Act 1997 (Commencement No.2) Order 1997.
Commencement
2
1
Subsections (2)(e) and (f) and (3) of section 3 of the Local Government (Contracts) Act 1997, in so far as they confer power on the Secretary of State to make regulations, shall come into force in Scotland on 2nd December 1997.
2
Sections 2 and 4 to 9 of that Act, and section 3 of that Act except in so far as it is brought into force by paragraph (1) above, shall come into force in Scotland on 1st January 1998.
Malcolm Chisholm
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
1st December 1997


text:
1
This Order may be cited as the Broadcasting Act 1996 (British Broadcasting Corporation — Transmission Network) (Jersey) Order 1997 and shall come into force on 22nd August 1997.
2
Sections 131 to 133, 147(1) and 150(1) of, and Schedule 5 to, the Broadcasting Act 1996 shall extend, with the modifications specified in the Schedule to this Order, to the Bailiwick of Jersey.
3
Any reference in the Schedule to this Order to Jersey is a reference to the Bailiwick of Jersey.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Trading Schemes (Exclusion) (Amendment) Regulations 1997 and shall come into force on 21st August 1997.
Amendments
2
The Trading Schemes (Exclusion) Regulations 1997 are hereby amended:
a
in regulation 3(a), by substituting for the words from the beginning of that paragraph to the word “does”: —
any trading scheme which is a single tier trading scheme under which a participant operating at a level immediately below that of the promoter or single participant in the UK , who introduces another participant to the scheme at that level,
b
by substituting the following for regulation 3(b): —
b
any trading scheme all of the participants in which are making or have the intention of making taxable supplies in the UK and are registered for Value Added Tax; or
Nigel Griffiths,
Parliamentary Under-Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
30th July 1997


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government Act 1988 (Competition) (Revocations) Regulations 1997 and shall come into force on 12th December 1997.
2
Subject to paragraph (3), these Regulations apply to work which is proposed to be carried out in England and Wales on or after the date on which these Regualtions come into force.
3
These Regulations do not apply to work in respect of which a notice has been published in accordance with subsection (1) of section 7 (the conditions) of the Local Government Act 1988 before that date.
Revocation of Regulations and Savings
2
1
Subject to paragraph (2) the Regulations listed in column (1) of the Schedule to these Regulations are revoked to the extent indicated in column (3).
2
Nothing in paragraph (1) shall affect the application of the Local Government (Direct Services Organisations) (Competition) Regulations 1993 to defined authorities in Scotland.
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
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State Welsh Office
18th November 1997


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Third Party Risks) (Amendment) Regulations 1997 and shall come into force on 21st February 1997.
Amendment of the Motor Vehicles (Third Party Risks) Regulations 1972
2
1
The Motor Vehicles (Third Party Risks) Regulations 1972 shall be amended as follows.
2
In regulation 5(1), for the words after sub-paragraph (b) there shall be substituted the following words —
Provided that where a security is intended to cover the use of more than ten motor vehicles at one time the company by whom it was issued may issue one certificate only and the holder of the security may issue duplicate copies of such certificate duly authenticated by him.
3
In regulation 9, after paragraph (2) there shall be inserted the following paragraph —
3
A person shall not, when applying for a licence under the Vehicle Excise and Registration Act 1994, be required to comply with the provisions of paragraph (1) of this regulation if —
a
the motor vehicle in respect of which the licence is applied for is part of a fleet of not less than 250 motor vehicles owned by one person;
b
the person who applies for the licence manages the fleet of motor vehicles on behalf of the owner of the fleet under a contract, and
c
the contract under which the person manages the fleet contains a requirement that all the motor vehicles in the fleet be insured in accordance with the Road Traffic Act 1988.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
21st January 1997


text:
1
This Order may be cited as the Free Zone (Port of Sheerness) (Substitution of Responsible Authority) Order 1997 and shall come into force on 1st April 1997.
2
The responsible authority for the area designated a free zone by article 2(1) of the Free Zone (Port of Sheerness) Designation Order 1994 shall, in substitution for the Medway Ports Limited who were appointed by article 3 of that Order, be Port of Sheerness Limited, whose Registered Office is at Maritime Centre, Port of Liverpool, Liverpool L21 1LA.
Richard Ottaway
Roger Knapman
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 London Docklands Development Corporation (Planning Functions) Order 1997 and shall come into force on 28th January 1998.
2
In this Order —
“the 1990 Act ” means the Town and Country Planning Act 1990;
“the 1990 Order ” means the London Docklands Development Corporation (Planning Functions) Order 1990 ;
“the authority” means the authority which, but for the 1990 Order, would be the local planning authority, within the meaning of section 336(1) of the 1990 Act;
“ development area ” means the area which, at the date of the coming into force of this Order, is designated as an urban development area by the London Docklands Development Corporation (Area and Constitution) Order 1980 ; and
“ development corporation ” means the London Docklands Development Corporation.
Revocation of planning functions and special development orders
2
Subject to the following provisions of this Order, the 1990 Order and the Town and Country Planning (London Docklands Urban Development Area) Special Development Order 1981 are hereby revoked.
Transitional provisions in connection with planning functions
3
Subject to the following provisions of this Order, anything which before the date of the coming into force of this Order was in the process of being done by, to or in relation to the development corporation in connection with any of the functions transferred to it under the 1990 Order may be continued after that date by, to or in relation to the authority.
Transitional provisions in connection with planning applications
4
1
This article applies as respects any application for planning permission or approval of reserved matters or for any other approval, consent or determination under the 1990 Act, or the Planning (Listed Buildings and Conservation Areas) Act 1990 , or under any order or regulations made or or having effect under either of those Acts which, before the date of the coming into force of this Order, was duly made to the development corporation and which has not been determined on or before that date.
2
Subject to paragraph (3), the development corporation shall have in relation to an application the same powers and duties as it would have had if this Order had not come into force.
3
The authority shall be the local planning authority in relation to any application which —
a
the development corporation has resolved with the agreement of the applicant to transmit to the authority;
b
has not been determined by the development corporation before 25th March 1998;
c
is an application in respect of which a direction has been made under section 77 of the 1990 Act (reference of application to Secretary of State) and —
i
the development corporation has resolved with the agreement of the authority that the authority shall be the local planning authority in relation to that application; or
ii
the application has not been determined before 25th March 1998;
d
is the subject of an appeal to the Secretary of State under section 78 of the 1990 Act or section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990 ; or
e
has not been finally determined before 25th March 1998 following an application to the High Court under section 288 of the 1990 Act,
and the development corporation shall transmit an application referred to in sub-paragraph (a) or (b) to the authority for determination.
4
Subject to paragraph (5), where the development corporation transmits an application to the authority for determination, the application shall be accompanied by a copy of any representation received by the development corporation concerning the application and shall be treated as if received by the authority from the applicant on the day on which it is transmitted to the authority.
5
Where notices, certificates, publicity or consultations have been, or are in the process of being, given or carried out in relation to an application before the day on which it is transmitted to the authority, paragraph (4) shall not be construed as requiring further notices, certificates, publicity or consultations solely because the application is treated as if received by the authority from the applicant on that day.
Liability for compensation in connection with planning functions; section 106 planning obligations
5
1
Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 of the 1990 Act or section 28 or 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in consequence of action taken in relation to land within the development area by the development corporation, the development corporation shall be liable for any compensation which is payable .
2
Where the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act , which relates to land within the development area, and which is either in respect of a matter arising before 28th January 1998, or in respect of a matter arising in consequence of any determination made by the development corporation by virtue of article 4 above, —
a
if the order is made or the notice is served before 25th March 1998, the development corporation shall be liable to pay any compensation arising from the order or notice; or
b
if the order is made or the notice is served on or after 25th March 1998, the Secretary of State shall be so liable.
3
A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act in relation to land within the development area which identifies the development corporation as the local planning authority by whom the obligation is enforceable shall be enforceable by the authority.
Alteration of boundaries orders — transitional provisions and liability for compensation
6
1
In this article —
“ Alteration of Boundaries Order ” means any of the Orders listed in the Schedule to this Order;
“excluded area” has the same meaning as in the Alteration of Boundaries Order; and
“transitional provisions” means the transitional provisions in connection with planning functions or planning applications in the Alteration of Boundaries Order.
2
Article 4 of each of the Orders listed in the Schedule to this Order shall be revoked on 3rd April 1998.
3
Article 6(2) of the London Docklands Development Corporation (Alteration of Boundaries) Order 1994 (“the 1994 Order ”), and article 8(2) of each of the Orders listed in the Schedule to this Order other than the 1994 Order, are hereby revoked.
4
Where, on or after the date of the coming into force of this Order, the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act, which relates to land within the excluded area, and which is either in respect of a matter arising before the date on which the Alteration of Boundaries Order came into force, or in respect of a matter arising in consequence of any determination made by the development corporation by virtue of the transitional provisions, —
a
if the order is made or the notice is served before 25th March 1998, the development corporation shall be liable to pay any compensation arising from the order or notice; or
b
if the order is made or the notice is served on or after 25th March 1998, the Secretary of State shall be so liable.
Signed by authority of the Secretary of State for the Environment
Richard Caborn
Minister of State,
Department of the Environment, Transport and the Regions
11th December 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pinderfields and Pontefract Hospitals National Health Service Trust (Establishment) Order 1997 and shall come into force on 1st April 1997.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Pinderfields and Pontefract Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Pinderfields and Pontefract Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions shall be to own and manage hospital accommodation and services provided at Pontefract General Infirmary, Friarwood Lane, Pontefract, West Yorkshire WF8 1PL, at Pinderfields General Hospital, Aberford Road, Wakefield WF1 4EE and at other premises associated with either of those hospitals (including the management of teaching and research facilities).
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1997.
2
The accounting date of the trust shall be 31 March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
28th February


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment (No. 2) Regulations 1997 and shall come into force —
a
except for regulation 2(b)(ii) and (iii), on 16th September 1997; and
b
for the purposes of regulation 2(b)(ii) and (iii) on 16th September 1998.
Amendment of regulation 8 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980
2
In regulation 8 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 (pack size on retail sale or supply of certain products on a general sale list) —
a
in paragraph (1), for “paragraphs (2) to (2C) and (3)” there is substituted “paragraphs (2) to (2E) and (3)”;
b
in paragraph (2) —
i
for “aloxiprin, aspirin, paracetamol or salicylamide” there is substituted “aloxiprin, aspirin or paracetamol”,
ii
for subparagraph (b) there is substituted —
b
in the case of tablets that are not effervescent —
i
where they do not contain aspirin or paracetamol, not more than 25 tablets,
ii
where they contain aspirin, paracetamol or both of those substances, not more than 16 tablets;
,
iii
for subparagraph (d) there is substituted —
d
in the case of capsules —
i
where they do not contain aspirin or paracetamol, not more than 25 capsules,
ii
where they contain aspirin, paracetamol or both of those substances, not more than 16 capsules; and
,
iv
after subparagraph (d) add the following subparagraph —
e
in the case of liquid preparations of paracetamol —
i
which are intended for persons aged 12 years and over, not more than 160 millilitres of the product, or
ii
which are intended for persons aged less than 12 years, individual unit doses of not more than 5 millilitres each, to a maximum of 20 unit doses.
; and
c
after paragraph (2C) there are inserted the following paragraphs —
2D
Where a medicinal product for human use containing sodium picosulphate is sold by retail in the course of a business elsewhere than at a registered pharmacy or is so offered or exposed for sale by retail or so supplied in circumstances corresponding to retail sale, the product shall be presented for sale in a separate and individual container or package containing not more than 60 millilitres of the product.
2E
Where a medicinal product for human use containing loperamide hydrochloride is sold by retail in the course of a business elsewhere than at a registered pharmacy or is so offered or exposed for sale by retail or so supplied in circumstances corresponding to retail sale, the product shall be presented for sale in a separate and individual container or package containing not more than 6 tablets or capsules.
.
Frank Dobson,
Secretary of State for Health
12th August 1997
Win Griffiths,
Parliamentary Under-Secretary of State,Welsh Office
20th August 1997
Sam Galbraith,
Parliamentary Under-Secretary of State,The Scottish Office
21st August 1997
Jeff Rooker,
Minister of State, Ministry of Agriculture, Fisheries and Food
19th August 1997
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on
D. C. Gowdy
Permanent Secretary
20th August 1997.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on
P. J. Small
Permanent Secretary
19th August 1997.


text:
Citation
1
This Order may be cited as the Cambridgeshire 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 Cambridgeshire Fire Services Combination Scheme, shall have effect.
George Howarth
Parliamentary Under-Secretary of State Home Office
8th November 1997


text:
Citation and commencement
1
1
These Regulations may be cited as the Waste Management (Miscellaneous Provisions) Regulations 1997 and, except for regulation 2, shall come into force on 1st April 1997.
2
Regulation 2 shall come into force on 14th March 1997.
Relevant Offences
2
An offence shall be a relevant offence for the purposes of section 74(3)(a) of the Environmental Protection Act 1990 (in addition to the offences prescribed by regulation 3 of the Waste Management Licensing Regulations 1994 ) if it is an offence under paragraph 15(1), (3), (4) or (5) of Schedule 5 to the Finance Act 1996 (landfill tax) .
Amendment of the Environmental Protection (Waste Recycling Payments) Regulations 1992
3
For the Schedule to the Environmental Protection (Waste Recycling Payments) Regulations 1992 there shall be substituted the following –
THE SCHEDULE
REPRESENTATIVE SAVINGS IN WASTE DISPOSAL COSTS
Regulation 2(5)
Type of waste disposal authority Saving in waste disposal costs per tonne
A London waste disposal authority for an area which includes an inner London borough. The council of an inner London borough. The Common Council of the City of London. £44.58 A London waste disposal authority which comprises outer London boroughs. The council of an outer London borough. £38.87 The Greater Manchester Waste Disposal Authority. The Merseyside Waste Disposal Authority. The council of a metropolitan district. £32.06 Any other waste disposal authority. £25.22 where the authority incurs any transport costs in disposing of similar waste and £17.25 in other cases.
.
Revocation of regulations
4
The following regulations (each of which substituted a new Schedule to the 1992 Regulations) are hereby revoked —
a
the Environmental Protection (Waste Recycling Payments) (Amendment) Regulations 1993 ;
b
regulation 2(3) of the Environmental Protection (Waste Recycling Payments) (Amendment) Regulations 1994 ;
c
the Environmental Protection (Waste Recycling Payments) (Amendment) Regulations 1995 ;
d
regulation 6 of the Waste Management Regulations 1996 .
Signed by authority of the Secretary of State
Ferrers
Minister of State,
Department of the Environment
8th February 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under-Secretary of State, Welsh Office
11th February 1997
Lindsay
Parliamentary Under-Secretary of State, Scottish Office
13th February 1997


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Employments) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Employments) Regulations 1993 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In paragraph (1) of regulation 59, in the definition of “reserve and auxiliary forces”, for the word “includes” there shall be substituted the word “means”.
4
For paragraph (2) of that regulation there shall be substituted the following paragraphs —
2
The forces specified in this paragraph are —
a
Royal Fleet Reserve (including officers of the retired and emergency lists of the Royal Navy and Royal Marines),
b
Royal Naval Reserve (including Queen Alexandra’s Royal Naval Nursing Service Reserve),
c
Royal Marines Reserve,
d
Army Reserve (including Regular Army Reserve of Officers),
e
Territorial Army,
f
Air Force Reserve,
g
Royal Auxiliary Air Force,
h
Officers, Adult Instructors and Adult Warrant Officers of the Sea Cadet Corps, Army Cadet Force, Air Training Corps or Combined Cadet Force, and
j
Merchant Navy Reserve.
3
In paragraph (2)(f) “Air Force Reserve” includes Royal Air Force Reserve of Officers, Royal Air Force Volunteer Reserve (including University Air Squadron members) and Class E Reserve of Airmen.
S C T Matheson
G H Bush
Two of the Commissioners of Inland Revenue
3rd February 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Teachers) (Amendment) (No. 2) Regulations 1997 and shall come into force on 1st December 1997.
2
Any reference in these Regulations to the principal Regulations is a reference to the Education (Teachers) Regulations 1993 .
Amendment of the principal Regulations
2
For paragraphs (1) and (2) of regulation 3 of the principal Regulations (schools and institutions to which the principal Regulations apply and interpretation) there shall be substituted the following–
1
Except where the context otherwise requires, in these Regulations —
a
a reference to a school is a reference to a school maintained by a local education authority, a special school not so maintained, or a grant-maintained school;
b
a reference to a further education institution is a reference to an institution, not being a school, which provides further education (whether or not it also provides higher education) and either —
i
is maintained by a local education authority; or
ii
is within the further education sector;
c
a reference to an institution without qualification is a reference to a further education institution or an institution within the higher education sector;
d
a reference to a worker with children or young persons is a reference to a person, other than a teacher, whose work brings him regularly into contact with persons who have not attained the age of 19 years.
2
Except where the context otherwise requires, in these Regulations —
“authorisation” means an authorisation to teach granted to a person by the Secretary of State or the Teacher Training Agency in accordance with Part II or III of Schedule 2;
“ BTEC ” means the Business and Technology Education Council;
“city college” means a city technology college or a city college for the technology of the arts;
“company” has the same meaning as in the Companies Act 1985 ;
“graduate teacher” means a person to whom an authorisation has been granted in accordance with Part II of Schedule 2;
“hearing impaired” means deaf or partially hearing;
“higher education” means education provided by any of the following courses —
a course for the further training of teachers or youth and community workers;
a post-graduate course (including a higher degree course);
a first degree course;
a course for the Diploma of Higher Education;
a course for the BTEC Higher National Diploma or BTEC Higher National Certificate provided by the Edexcel Foundation, or the Diploma in Management Studies;
a course for the Certificate in Education;
a course in preparation for a National Vocational Qualification at level 4 or 5;
a course providing education (whether or not in preparation for an examination) at a standard higher than the standard of courses providing education in preparation for examinations at advanced level for the General Certificate of Education or the examination for the BTEC National Certificate or the BTEC National Diploma provided by the Edexcel Foundation;
“pupil referral unit” means a school such as is described in section 19(2) of the Education Act 1996;
“qualified teacher” has the meaning assigned thereto by regulation 13 and ‘unqualified teacher’ shall be construed accordingly;
“recommending body” means the body that is the organiser of the training given or to be given to the person named in the recommendation;
“registered teacher” means a person to whom an authorisation has been granted in accordance with Part III of Schedule 2;
“relevant employment” has the meaning assigned thereto by regulation 7;
“visually impaired” means blind or partially sighted.
.
3
Regulation 3A (definition of ‘recommending body’) of the principal Regulations shall be omitted.
4
For Schedule 2 to the principal Regulations there shall be substituted the new Schedule 2 set out in Schedule 1 to these Regulations.
5
For Schedule 3 to the principal Regulations there shall be substituted the new Schedule 3 set out in Schedule 2 to these Regulations.
Transitional provisions in respect of licensed, overseas trained and registered teachers
6
1
The principal Regulations shall continue to apply as if these Regulations had not been made for the purposes of —
a
permitting the employment as a teacher at a school of an unqualified teacher who was a licensed teacher or an overseas trained teacher as therein defined on 30th November 1997, and duties imposed on persons in connection therewith shall continue to apply;
b
determining whether a person, who on or at any time before 30th November 1997 was a licensed teacher, overseas trained teacher or registered teacher as therein defined, is a qualified teacher.
2
For the purposes of paragraph 3 of Schedule 2 to the principal Regulations as substituted by these Regulations, the references to a graduate teacher or a registered teacher include a reference to a licensed teacher or an overseas trained teacher as defined in the principal Regulations before these Regulations were made.
Revocations
7
The Regulations listed in Schedule 3 to these Regulations are revoked to the extent specified therein.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Register of Occupational and Personal Pension Schemes (Amendment) Regulations 1997 and shall come into force on 29th June 1997.
2
In these Regulations “the principal Regulations ” means the Register of Occupational and Personal Pension Schemes Regulations 1997 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 4 (information required in respect of a registrable scheme) in sub-paragraph (b) of paragraph (1) for the words from “receipt of a written notice” to “these Regulations,” substitute “Registrar's, on or after the date of the coming into force of these Regulations, sending by post to the trustees a written notice requiring that information to be furnished,”.
3
In regulation 8 (transitional provisions) in paragraph (3) for the words “by 30th June 1997.” substitute the words “within 3 months of the Registrar’s sending by post to the trustees a written notice requiring that information to be furnished.”.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
3rd June 1997


text:
1
1
This Order may be cited as the Leicestershire (Coroners) Order 1997 and shall come into force on 1st April 1997.
2
In this Order “the 1988 Act ” means the Coroners Act 1988 .
2
1
There shall be a single coroner’s district, called the Leicester City and South Leicestershire Coroner’s District, for the County of Leicester (which county comes into existence on 1st April 1997 by virtue of article 8(2) of the Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996 and for so much of the County of Leicestershire as is not included in the existing Northern Leicestershire Coroner’s District.
2
The Council of the City of Leicester shall be the relevant council within the meaning of section 1(1A) of the 1988 Act for the coroner’s district constituted by paragraph (1) above.
3
The person who, at 31st March 1997, is the coroner for the existing Leicester City and South Leicestershire Coroner’s District shall be deemed on 1st April 1997 to be appointed coroner for the coroner’s district constituted by paragraph (1) above.
4
Any agreement between the person to whom paragraph (3) above applies and Leicestershire County Council (as the relevant council for the purposes of section 1 of the 1988 Act prior to 1st April 1997) as to his salary and pension as a coroner shall be deemed on and after 1st April 1997 to have effect as if originally made between him and Leicester City Council.
5
Any person who, at 31st March 1997, is a deputy or assistant deputy coroner for the existing Leicester City and South Leicestershire Coroner’s District shall be deemed on 1st April 1997 to be appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above.
3
1
There shall be a single coroner’s district, called the Rutland and North Leicestershire Coroner’s District, for the County of Rutland (which county comes into existence on 1st April 1997 by virtue of article 8(3) of the Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996) and for so much of the County of Leicestershire as is not included in the existing Leicester City and South Leicestershire Coroner’s District.
2
The Council of the County of Leicestershire shall be the relevant council within the meaning of section 1(1A) of the 1988 Act for the coroner’s district constituted by paragraph (1) above.
3
The person who, at 31st March 1997, is the coroner for the existing Northern Leicestershire Coroner’s District shall be deemed on 1st April 1997 to be appointed coroner for the coroner’s district constituted by paragraph (1) above.
4
Any person who, at 31st March 1997, is a deputy or assistant deputy coroner for the existing Northern Leicestershire Coroner’s District shall be deemed on 1st April 1997 to be appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above.
4
1
On 1st April 1997, any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for an existing coroner’s district shall be deemed to have been issued, made, given, begun or done by or to the coroner for the relevant new coroner’s district.
2
All documents, exhibits, registers and other things in the custody of the coroner for an existing coroner’s district in connection with inquests or post-mortem investigations shall be transferred to the coroner for the relevant new coroner’s district.
3
In paragraphs (1) and (2) above the relevant new coroner’s district is —
a
the coroner’s district constituted by article 2(1) above as respects the existing Leicester City and South Leicestershire Coroner’s District; and
b
the coroner’s district constituted by article 3(1) above as respects the existing Northern Leicestershire Coroner’s District.
4
In this article “coroner” includes any deputy coroner or assistant deputy coroner.
Tom Sackville
Parliamentary Under-Secretary of State
Home Office
21st February 1997


text:
Commencement and citation
1
This Order may be cited as the A205 Trunk Road (Lewisham) Red Route (Cycle Lane) Experimental Traffic Order 1997, and shall come into force on 29th August 1997.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
causing includes permitting; and
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
d
“pedal cycle”, has the meaning given in regulation 4 of the Traffic Signs Regulations and General Directions 1994 ;
e
“cycle lane” means an area of the carriageway of a length of road specified in the schedule to this Order and marked with the traffic signs shown in diagram 1049 in schedule 6 to the Traffic Signs Regulations and General Directions 1994; and
f
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meaning as in regulation 2(1) of the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations.
Cycle lane controls
3
Except as provided in article 4, no person shall cause any vehicle other than a pedal cycle to enter or proceed in any cycle lane specified in the schedule to this Order at any time.
Exemptions
4
The controls specified in article 3 do not apply to: —
a
a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 for the sole purpose of stopping for a period not exceeding two minutes to pick up or set down any passenger;
b
a vehicle being used for ambulance, fire brigade or police purposes;
c
a vehicle being used in the service of a local authority for the purpose of collecting refuse from premises adjacent to a cycle lane;
d
a vehicle being used in connection with the removal of any obstructions to traffic;
e
a vehicle being used in connection with the maintenance, improvement or reconstruction of a cycle lane;
f
a vehicle entering a cycle lane so as to avoid an accident;
g
a vehicle entering a cycle lane to get or give help in consequence of an accident or an emergency or otherwise taking action for public safety;
h
a vehicle which bears the Royal Mail livery for so long as may be required for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters;
i
a vehicle entering and forthwith leaving a cycle lane in order to gain access to or egress from any vehicular access way to premises adjacent to the cycle lane or crossing over the footway adjacent to the cycle lane;
j
a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long as may be required to enable a disabled person to get on or off the vehicle; or
k
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interest of the expeditious, convenient and safe movement of traffic, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
TRO 321
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
18th August 1997


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Insurance Companies (Accounts and Statements) (Amendment) Regulations 1997 and shall come into force on 31st December 1997.
2
In these Regulations the “ 1996 Regulations ” means the Insurance Companies (Accounts and Statements) Regulations 1996 .
3
These Regulations apply to the documents submitted to the Secretary of State pursuant to section 22 of the Insurance Companies Act 1982 in respect of any financial year ending on or after 31st December 1997.
Value of assets and amounts of liabilities
2
1
Regulation 4 of the 1996 Regulations shall be amended as follows.
2
In sub-paragraph (a), for “(other than a linked asset)” substitute “(other than a linked asset not required to be valued in accordance with Part VIII of the Insurance Companies Regulations by virtue of regulation 45(2) of those Regulations)”.
3
In sub-paragraph (b), after the words “a linked asset of the company” insert “(other than a linked asset required to be valued in accordance with Part VIII of the Insurance Companies Regulations by virtue of regulation 45 of those Regulations)”.
Balance Sheet
3
For paragraph (6) of regulation 6 of the 1996 Regulations (balance sheet), substitute —
6
Form 14 shall be completed by every company which carries on long term business in respect of:
i
its total long term business liabilities and margins; and
ii
the long term business liabilities and margins for each separate long term business fund or group of funds for which separate assets have been appropriated.
Schedule 1 to the 1996 Regulations: balance sheet and profit and loss account
4
In paragraph 14 of Schedule 1 to the 1996 Regulations (reconciliation), for the words “United Kingdom company”, in each place where they occur, substitute “a company (other than a company incorporated outside the United Kingdom)”.
5
1
The forms contained in Schedule 1 to the 1996 Regulations shall be amended as follows.
2
In the instructions for completion of Form 9 (statement of solvency), for paragraphs 4 and 5 substitute —
4
The entry at line 23 shall be equal to the sum of lines 11 and 63 in Form 14.
5
The entry at line 24 shall be equal to the sum of lines 12 and 49 in Form 14.
.
3
In the instructions for completion of Form 13 (analysis of admissible assets) —
a
for paragraph 3 substitute —
3
a
In the case of the United Kingdom branch of an external company (other than a pure reinsurer) Form 13 shall be completed for the following categories of assets —
Category Code – other than long term business assets Code – long term business assets
Assets deposited with the Accountant General 2 6 Assets maintained in the United Kingdom 3 7 Assets maintained in the United Kingdom and the other EEA States 4 8
b
In the case of the United Kingdom branch of an external company (other than a pure reinsurer) Form 13 shall be completed for the following categories of assets —
Category Code – other than long term business assets Code – long term business assets
Assets deposited with the Accountant General 2 6 Assets maintained in the United Kingdom and the other EEA States 4 8 Assets maintained in the United Kingdom and the other EEA States where business is carried on 5 9
; and
b
after paragraph 10 add —
11
Lines 60 to 63 and 85 relate only to general business insurance.
12
Lines 60 to 63 and 85 should be left blank for “Category of assets” codes “2”, “3”, “4” and “5”.
4
For Form 14 (long term business liabilities and margins), substitute the Form 14 as set out in the Schedule to these Regulations.
Schedule 2 to the 1996 Regulations: general business: revenue account and additional information
6
1
In paragraph 11 of Schedule 2 to the 1996 Regulations, after the words “under a transfer approved by the Secretary of State under Schedule 2C to the Act” insert “or approved by the competent authority of another EEA State under Article 12 of Council Directive 92/49/ EEC ”
2
In sub-paragraph 4 of paragraph 13 of Schedule 2 to the 1996 Regulations, after the words “under a transfer approved by the Secretary of State under Schedule 2C to the Act” insert “or approved by the competent authority of another EEA State under Article 12 of Council Directive 92/49/EEC .”
3
In sub-paragraph (1)(b) of paragraph 17 of Schedule 2 to the 1996 Regulations, after the words “approved by the Secretary of State under Part II of Schedule 2C to the Act” insert “or approved by the competent authority of another EEA State under Article 12 of Council Directive 92/49/EEC ”.
7
1
Paragraph 19 of Schedule 2 to the 1996 Regulations (provision for unexpired risks) shall be amended as follows.
2
In sub-paragraph (1), omit the words “or business category” and the words “or business categories”.
3
In sub-paragraph (2), after the words “line 19 of Form 22” insert “or line 23 of Form 25, as appropriate,”.
8
In paragraph 20 of Schedule 2 to the 1996 Regulations, after the words “at column 3 line 19 (provision for unexpired risks) in any Form 22” insert “or at column 99-99 of line 23 (provision for unexpired risks) in any Form 25”.
9
In paragraph 24 of Schedule 2 to the 1996 Regulations (underwriting year accounting), for paragraph (b) of sub-paragraph (3) substitute —
b
A year is “open” with respect to any business incepting during its period if the provision for outstanding claims in respect of that business is set using the non-annual method and if so set previously has not now been replaced in accordance with the requirements of paragraph 52(4) of the shareholder accounts rules, and “closed year” and “closing a year” shall be construed accordingly.
.
10
1
The Forms included in Schedule 2 to the 1996 Regulations shall be amended as follows.
2
For Form 20 (technical account (excluding equalisation provisions)), substitute the Form 20 as set out in the Schedule to these regulations.
3
In the instructions for completion of Form 24 (underwriting year accounting: analysis of premiums, claims and expenses), after paragraph 4 add —
5
The amounts shown at lines 11 to 49 shall be the amounts payable or receivable during this financial year.
.
4
In paragraph 5 of the instructions for completion of Form 28 (underwriting year accounting: analysis of premiums, claims and expenses by category for treaty reinsurance), for the words “ended prior to 31 December 1982” substitute “beginning prior to 1 January 1983” and after paragraph 6 add —
7
The amounts shown at lines 11 to 49 shall be the amounts payable or receivable during this financial year.
.
5
In the instructions for completion of Form 29 (underwriting year accounting: analysis of technical provisions by category for treaty reinsurance) —
a
in paragraph 3, for “Form 24” substitute “Form 28”; and
b
in paragraph 7, for the words “ended prior to 31 December 1982” substitute “beginning prior to 1 January 1983”.
6
In lines 34/35 of Form 30 (expected income and yield from admissible assets covering discounted provisions), for the words “Variable interest” substitute “Variable interest and variable yield”.
7
In paragraph 1 of the instructions for completion of Form 30, for “30.37.1 shall equal 13.50.1” substitute “30.37.1 shall equal 13.50.1 + the appropriate part of 13.84.1” and for “30.49.1 shall equal 13.87.1 + 13.89.1 − 13.58.1 − 13.59.1” substitute “30.49.1 shall equal 13.87.1 + 13.89.1 − 13.60.1 − 13.61.1 − 13.62.1 − 13.63.1 − 13.85.1”.
8
In the instructions for completion of Form 30, after paragraph 11 insert —
12
The references in the Form to “outstanding claims” and “technical provisions” are to those amounts net of reinsurance.
.
9
In the instructions for completion of Form 32 (accident year accounting: analysis of gross claims and premiums for motor vehicle direct insurance and facultative reinsurance), for paragraphs 6 and 7 substitute —
6
The number of vehicle years insured in any accident years is the aggregate of the product for each contract of insurance of the period (being the period during that accident year when the contract was in force) and the number of vehicles insured under the contract. Figures are to be rounded to the nearest thousand-vehicle years only after aggregating component figures.
7
The percentage shown at column 13 shall be the ratio of the sum of columns 1 and 2 to the product of 1000 and column 12.
8
The percentages shown at columns 11 and 13 are to be expressed as percentages to one place of decimals.
.
10
In the instructions for completion of Form 33 (accident year accounting: reconciliation of gross claims and premiums for direct insurance and facultative reinsurance), after paragraph 3 insert —
4
“Gross earned premiums” refers to all amounts reported in column 1 of lines 11 to 19 of Form 20, but only to the extent such premiums have not been reported in Forms 31 or 32.
.
11
In the instructions for completion of Form 34 (underwriting year accounting: analysis of gross claims and premiums by risk group for direct insurance and facultative reinsurance), after paragraph 7 insert —
8
The claims frequency is the ratio of the sum of columns 1 and 2 on the Form to the product of 1000 and the amount stated under paragraph 8(a) above.
.
12
In the instructions for completion of Form 35 (underwriting year accounting reconciliation for gross claims and premiums for direct insurance and facultative reinsurance), after paragraph 3 insert —
4
“Gross written premiums” refers to all amounts reported in column 99-99 of line 11 of Form 24, but only to the extent such premiums have not been reported in Form 34.
.
13
After form 36 (currency rates) insert —
Instructions for completion of Form 36
1
Where any of Forms 26 to 29 or 31, 32 or 34 contains a figure in a currency other than sterling the rate of conversion of those figures into sterling shall be stated in column 1 to this form.
2
Where the rate of conversion differs according to whether it applies to income and expenditure items or asset and liability items, the former only is to be the rate included.
.
14
In Form 37 (equalisation provision), for “F37” substitute “R37”.
15
In the instructions for completion of Form 37 —
a
in paragraph 1, for the words “annually accounted business” substitute “accident year business” and for the words “non-annually accounted business” substitute “underwriting year business”; and
b
in paragraph 10, for the words “statutory equalisation provisions” substitute “equalisation provisions required by the Insurance Companies (Reserves) Regulations 1996” .
16
In Form 38 (equalisation provisions technical account: accident year accounting), for “F38” substitute “R38”.
17
In the instructions for completion of Form 38 —
a
in paragraph 1, for the words “Schedule 2c of the Insurance Companies Regulations 1994” substitute “Schedule 2C to the Insurance Companies Act 1982” ; and
b
in paragraph 4, after the words “line 11” insert “(or nil if line 11 is negative)”.
18
In Form 39 (equalisation provisions technical account: underwriting year accounting), for “F39” substitute “R39”.
19
In the instructions for completion of Form 39 (equalisation provisions technical account: underwriting year accounting) —
a
in paragraph 1, for the words “Schedule 2c of the Insurance Companies Regulations 1994” substitute “Schedule 2C to the Insurance Companies Act 1982”;
b
for paragraph 3 substitute —
3
The entries at line 12 should be derived from column 99-99 of Forms 24 and 25, that in whole or in part covers the business group, as follows: line 29 on Form 24 plus line 29 less line 15 less line 24 on Form 25 less line 29 plus line 15 plus line 24 on Form 25 for the preceding financial year.
; and
c
in paragraph 4, after the words “line 11” insert “(or nil if line 11 is negative).”
Schedule 3 to the 1996 Regulations: long term business: revenue account and additional information
11
In paragraph 2 of Schedule 3 to the 1996 Regulations, omit the full stop after the words “All amounts shall be shown in sterling to the nearer £1000” and insert “except valuation unit prices which shall be shown to the same accuracy as required under Schedule 4.”.
Schedule 4 to the 1996 Regulations: abstract of valuation report prepared by the appointed actuary
12
In sub-paragraph 6 of paragraph 7 of Schedule 4 to the 1996 Regulations, omit the full stop at the end of the sub-paragraph and insert “identifying that scenario which produces the most onerous requirement (whether or not a reserve is thereby required).”.
13
Renumber paragraph 15 of Schedule 4 to the 1996 Regulations as 15(1) and after the renumbered 15(1) insert —
2
Information required under sub-paragraph (1) above need not be provided for any category of contract —
a
where no contracts were effected by the company during the report period; and
b
which has been included under the miscellaneous heading in Forms 51, 52, 53 or 54.
.
14
1
Paragraph 19 of Schedule 4 to the 1996 Regulations shall be amended as follows.
2
In sub-paragraph (1), for the words “assets covering long term liabilities” substitute “long term business assets”.
3
In sub-paragraph (2), after the words “derivative contracts” insert “or contracts having the effect of derivative contracts”.
15
1
Renumber paragraph 20 of Schedule 4 to the 1996 Regulations as 20(1) and after the renumbered 20(1) insert —
2
The analyses of unit liabilities shall also include the liabilities in respect of any amounts deposited with the company under a deposit back arrangement as defined in paragraph 12(4)(a) of this Schedule which are either unit liabilities in respect of property linked benefits or investment liabilities in respect of index linked benefits.
3
In the event that the liability for a specific fund link is wholly reinsured so that entries in columns 8 and 9 of Form 55 are omitted in accordance with paragraph 4 of the instructions for the completion of that form a statement, if such be the case, to the effect that the provisions of section 35A of the Insurance Companies Act 1982 have been complied with in accordance with any published guidance in relation to the liabilities so reinsured.
.
16
1
At the end of sub-paragraph (1)(c) of paragraph 21 of Schedule 4 to the 1996 Regulations, delete the full stop and insert
; and
d
the liabilities in respect of any amounts deposited with the company under a deposit back arrangement as defined in paragraph 12 (4)(a) of this Schedule which are either unit liabilities in respect of property linked benefits or investment liabilities in respect of index linked benefits.
.
17
1
The Forms included in Schedule 4 to the 1996 Regulations shall be amended as follows.
2
In Form 47 (analysis of new ordinary long term business), omit the words “Non-linked/Linked”.
3
In lines 14/15 of Form 48 (expected income from admissible assets not held to match liabilities in respect of linked benefits), for the words “Variable yield” substitute “Variable interest and variable yield”.
4
In paragraph 1 of the instructions for completion of Form 48, for “48.17.1 shall equal 13.50.1” substitute “48.17.1 shall equal 13.50.1+ the appropriate part of 13.84.1”.
5
In Form 49 (analysis of admissible fixed interest and variable yield securities not held to match liabilities in respect of linked benefits), for the words “variable yield”, in each place they occur, substitute “Variable interest and Variable yield”.
6
After paragraph 6 of the instructions for completion of Forms 51, 52, 53 and 54, add —
Provided that where any information to be provided in accordance with sub-paragraph (iii) duplicates any information required to be provided in accordance with paragraphs 7, 8 and 9 in respect of sub-paragraphs (i) or (ii), then for the purpose of sub-paragraph (iii), the total of the reinsurance ceded may be shown in respect of the duplicated information.
.
7
In column 6 of Form 53 (valuation summary of property linked contracts), for the words “Current on death” substitute “Current on death/current payable per annum”.
8
In column 6 of Form 54 (valuation summary of index linked contracts), for the words “Current on death” substitute “Current on death/current payable per annum”.
9
In paragraph 4 of the instructions for completion of Form 55, after the words “column 8” insert “(excluding any amount shown in column 8 pursuant to paragraph 8 below)”.
10
After paragraph 6 of the instructions for completion of Form 55 insert —
7
Where the liability shown in column 11 of Form 53 for a specific fund link is wholly reinsured with a reinsurer being an insurance company to which Part II of the Insurance Companies Act 1982 applies, so that the entries in columns 8 and 9 of this form would otherwise be identical, the entries in respect of that fund link shall be aggregated and shown on a separate line with the name of fund link to be shown in column 1 as “wholly reinsured”.
8
Any amounts included in this analysis in accordance with paragraph 20 of this Schedule, being unit liabilities in respect of property linked benefits deposited with the company under a deposit back arrangement, shall (for each internal linked fund or directly held asset), be shown in column 8 on a separate line with the name of the unit type to be shown in column 2 as “amounts deposited back”.
.
11
For paragraphs 3 and 4 of the instructions for completion of Form 56 (analysis of assets and liabilities matching investment liabilities in respect of index linked benefits), substitute —
3
A separate sub-total of assets and liabilities shall be used for each index link and for each combination of assets and liabilities matching the company’s liability under any deposit back arrangement. Links to different percentages of an index shall be treated as different index links.
4
For each index link, the sub-totalled values in column 2 (excluding those held in respect of any deposit back arrangement) shall match the appropriate entries in column 12 of Form 54 net of reinsurance ceded.
.
12
For Form 57 (matching rectangle), substitute Form 57 as set out in the Schedule to these Regulations.
Schedule 5 to the 1996 Regulations: general business: additional information on business ceded
18
1
After sub-paragraph (2) of paragraph 4 of Schedule 5 to the 1996 Regulations, insert —
3
The disclosure required by sub-paragraph (1) above shall be given in respect of all business categories, risk groups, or parts thereof, of the insurance business carried on by the company whether or not the company has purchased any reinsurance cover for that business category, risk group, or part thereof; and in sub-paragraph (2) above deciding upon the reinsurance cover includes deciding not to obtain any reinsurance cover.
Schedule 6 to the 1996 Regulations: certificates by directors and actuary and report of the auditors
19
In paragraph 1 of Schedule 6 to the 1996 Regulations (certificate by directors etc. ), after the words “Forms 9 to 17, 20 to 45” insert “(including the supplementary notes thereto)”.
20
1
Paragraph 10 of Schedule 6 to the 1996 Regulations (auditors' report) shall be amended as follows.
2
After “Forms 9 to 17, 20 to 45” insert “(including the supplementary notes thereto)” and for the words “statements required by regulations 24, 26 and 31 above”, in each place they occur, substitute “statements to which sub-paragraph (2) below relates”.
3
Renumber paragraph 10 as 10(1) and after the renumbered paragraph 10(1) insert —
2
The statements to which this sub-paragraph relates are those required by:
a
regulations 24, 26 and 31 above;
b
sub-paragraph (d) of paragraph 4 above; and
c
paragraph 5 above but only in so far as it relates to published guidance which either states that compliance with the guidance need not be audited or which relates to controls with respect to money laundering.
.
Margaret Beckett
Secretary of State for Trade and Industry
Department of Trade and Industry
30th November 1997


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


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


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Croydon London Borough Council) Order 1997 and shall come into force on 22nd October 1997.
Exemption of construction and property services
2
The provision of construction and property services by Croydon London Borough Council shall not be treated as a defined activity so long as it is carried out in relation to Croydon Tramlink between 23rd February 1998 and 31st March 2000.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and Regions
23rd September 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Reserve Forces Act 1996 (Transitional, Consequential and Saving Provisions) Regulations 1997 and shall come into force on 1st April 1997.
2
In these Regulations “the 1980 Act ” means the Reserve Forces Act 1980 .
Amendment of provisions of the 1980 Act
2
In section 10 of the 1980 Act —
a
for subsections (1) to (3) there shall be substituted —
1
Any member of any reserve force other than an officer of the Royal Fleet Reserve may be called out for permanent service in any part of the world whenever an order of Her Majesty made under section 52(1)(a) of the Reserve Forces Act 1996 is in force.
2
Sections 50(6) and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied.
;
b
in subsection (4)(e) the words “including the Royal Fleet Reserve and the special class of the Royal Fleet Reserve; and” shall be omitted;
c
after subsection (4)(e) there shall be inserted —
ea
the Royal Fleet Reserve including its special class; and
.
3
For section 11 of the 1980 Act there shall be substituted —
11
1
A person to whom this section applies shall be liable to be called out for permanent service in any part of the world whenever an order under section 54(1) of the Reserve Forces Act 1996 is in force.
1A
Sections 50(6) and 54(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 54 of that Act applied.
2
The persons to whom this section applies are —
a
any member of the Army Reserve or the Air Force Reserve who became such a member on or after 1st April 1967 otherwise than in consequence of his having enlisted in the regular army or the regular air force before that day;
b
any member of the Territorial Army who became such a member on or after 1st April 1967 by enlisting or re-engaging in the Territorial Army or by becoming an officer of the Territorial Army;
ba
any officer of the Royal Fleet Reserve;
c
any member of the special class of the Royal Fleet Reserve who became such a member on or after 1st April 1967 otherwise than in consequence of his having, before that day, been entered for non-continuous service in the naval service of Her Majesty or enlisted to serve in the royal marine forces;
3
In subsection (2) above the references in paragraphs (a) and (c) to becoming a member of a reserve or class include references to remaining a member of it by virtue of a new engagement or other agreement.
.
4
In section 16 of the 1980 Act —
a
for the words in subsection (1) from “in the event” to the end of the subsection there shall be substituted —
whenever an order under section 52(1)(b) of the Reserve Forces Act 1996 is in force.
;
b
after subsection (1) there shall be inserted —
1A
Sections 50(6), and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied.
.
5
In section 18 of the 1980 Act —
a
for subsection (1) there shall be substituted —
1
Any officer or man of the Army Reserve shall be liable to be called out for permanent service on home defence service whenever an order under section 52(1)(b) of the Reserve Forces Act 1996 is in force.
;
b
after subsection (1) there shall be inserted —
1A
Sections 50(6), and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied.
.
6
In section 19(3) of the 1980 Act after the words “Sections 9” in the first line there shall be inserted —
(without the amendments made by paragraph 1 of Schedule 7 to the Reserve Forces Act 1996)
.
7
In section 20 of the 1980 Act —
a
for subsection (1) there shall be substituted —
1
Any man of the Air Force Reserve shall be liable to be called out for permanent service on home defence service whenever an order under section 52(1)(b) of the Reserve Forces Act 1996 authorising his call-out is in force.
;
b
after subsection (1) there shall be inserted —
1A
Sections 50(6) and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied.
.
8
In section 21(3) of the 1980 Act after the words “Sections 9” in the first line there shall be inserted —
(without the amendments made by paragraph 5 of Schedule 7 to the Reserve Forces Act 1996)
.
9
For section 22 of the 1980 Act there shall be substituted —
22
1
Every officer and man of the Territorial Army and of the Royal Auxiliary Air Force shall be liable to be called out for home defence service whenever an order under section 52(1)(b) of the Reserve Forces Act 1996 authorising his call-out is in force notwithstanding that —
a
the Territorial Army or that part to which he belongs has not been called out for permanent service by virtue of section 10(1) or 11(1) above, or
b
the Royal Auxiliary Air Force or that part to which he belongs has not been called out for permanent service by virtue of section 10(1).
2
Sections 50(6) and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied.
.
10
After section 25 of the 1980 Act there shall be inserted —
Application of section 62 of the Reserve Forces Act 1996
25A
Section 62 of the Reserve Forces Act 1996 (power to exempt persons from or relax call-out liability) shall apply to persons liable to be called out by virtue of the enactments mentioned in section 26(2) below as if in section 62 for the words “this Part” in both places in which they appear there were substituted the words “the Reserve Forces Act 1980”.
11
For section 26 of the 1980 Act there shall be substituted —
26
1
The power of the Secretary of State under section 58(1) of the Reserve Forces Act 1996 to call out a person liable to be called out under an order made under section 52 or 54 of that Act shall include a power to call out a person liable to be called out by virtue of the enactments mentioned in subsection (2) below.
2
The enactments referred to in subsection (1) above are —
a
section 10(1) above;
b
section 11(1) above;
c
section 16(1) above;
d
section 18(1) above;
e
section 20(1) above;
f
section 22 above;
g
section 24 above;
h
paragraph 15(1) of Schedule 8 to this Act; and
i
sub-paragraphs (2), (3), (5) and (6) of paragraph 16 of that Schedule.
3
Sections 58 and 59 shall have effect in relation to any person called out by virtue of the enactments mentioned in subsection (2) above with the following modifications —
a
section 58(3) shall have effect as if —
i
paragraph (b) provided for the call-out notice to specify the provision of this Act by virtue of which the person concerned is liable to be called out; and
ii
in paragraph (c), the words “under that order” were omitted;
b
section 58(5) shall have effect as if —
i
the words “on the authority of a call-out order” were omitted; and
ii
in paragraph (a), the reference to the call-out order was a reference to the order made under Part VI of the Reserve Forces Act 1996 by virtue of which the person concerned is liable to be called out;
c
section 59(5) shall have effect as if —
i
for the word “under”, where it appears for the first time, there were substituted the words “by virtue of”; and
ii
the words “under that call-out order” were omitted; and
d
section 59(6) shall have effect as if —
i
the words “under a call-out order” and “under that order” were omitted; and
ii
paragraph (b) provided for the person concerned to be deemed to have been called out for service in accordance with this Act.
4
In the application of sections 58 and 59 of the Reserve Forces Act 1996 and of section 28 below —
a
section 63 of the Reserve Forces Act 1996 shall apply in relation to this Act as it applies in relation to Part VI of that Act; and
b
“authorised officer” means an officer authorised by or in accordance with directions of the Defence Council for the purposes of Part VI of the Reserve Forces Act 1996, and any officer so authorised shall be deemed to be authorised for the same purposes in connection with any corresponding provision of this Act.
.
12
1
In section 28(1) of the 1980 Act —
a
for paragraph (a) there shall be substituted —
a
is in service in pursuance of a call-out notice under section 58 of the Reserve Forces Act 1996 specifying an enactment mentioned in section 26(2) above;
;
b
for the words “section 26(1)” in both places where they appear there shall be substituted “section 58 of the Reserve Forces Act 1996”.
13
In section 29(1) of the 1980 Act, for the words —
a
“section 26(1)” there shall be substituted “section 58 of the Reserve Forces Act 1996 specifying an enactment in section 26(2) above”;
b
“whole-time” there shall be substituted “permanent”.
14
After section 29 of the 1980 Act there shall be inserted —
Application of provisions relating to recall
29A
The provisions of this Act relating to recall shall not apply to any person to whom section 66 of the Reserve Forces Act 1996 applies.
.
15
1
Section 30 of the 1980 Act shall be amended as follows.
2
For subsection (1) there shall be substituted —
1
Whenever a recall order under section 68 of the Reserve Forces Act 1996 authorising the recall of persons who have served in the Royal Navy or Royal Marines is in force, persons to whom this section applies are liable —
a
by virtue of subsection (1A)(a) below, to be ordered to join the Royal Navy;
b
by virtue of subsection (1A)(b) below, to be ordered to join the Royal Marines,
and those so ordered shall serve while the recall order remains in force (unless released sooner) and while so serving section 76 of the Reserve Forces Act 1996 shall apply to them as it applies to persons described in that section.
.
3
After subsection (1) there shall be inserted —
1A
This section applies to any persons who —
a
have served as warrant officers, petty officers or seamen in the navy; or
b
have served as warrant officers, non-commissioned officers or men of the Royal Marines,
and are in receipt of pensions in respect of such service.
.
16
1
Section 32 of the 1980 Act shall be amended as follows.
2
In subsection (1), for the words “section 10 above, or under section 18(1) above” there shall be substituted “a call-out order under section 52 of the Reserve Forces Act 1996”.
3
In subsection (2), for the words “section 10, or under section 20(1) above” there shall be substituted “a call-out order under section 52 of the Reserve Forces Act 1996”.
4
For subsection (4)(b) there shall be substituted —
b
ending with the date on which there is no longer a call-out order under section 52 of the Reserve Forces Act 1996 in force authorising the call-out of persons of the Army Reserve or the Air Force Reserve, as the case may be.
.
17
1
Section 34 of the 1980 Act shall be amended as follows.
2
In subsection (1), for the words —
a
“notice in writing” there shall be substituted “notice under section 35 below”;
b
“section 10 or section 18(1) above” there shall be substituted “a call-out order under section 52 of the Reserve Forces Act 1996”.
3
In subsection (3), for paragraph (b) there shall be substituted —
b
ending (unless he is previously discharged) with the date on which there is no longer a call-out order under section 52 of the Reserve Forces Act 1996 in force.
.
18
For section 35 of the 1980 Act there shall be substituted —
Recall notices
35
1
The Secretary of State may recall any person who is liable to be recalled under section 30, 31 or 34 above by serving a notice on him requiring him —
a
to present himself for service at a specified time and place; and
b
to remain at that place until he is either accepted into service or informed that he is not to be accepted into service in pursuance of the notice.
2
In the case of those liable to recall under section 31 above, the time specified in accordance with subsection (1)(a) shall be not earlier than the third day after the service of the notice.
3
Section 65(5) of the Reserve Forces Act 1996 shall have effect as if the reference to persons recalled for service under an order made under section 68 of that Act included a reference to persons recalled under section 30, 31 or 34 above.
4
Section 70(2) to (5), (7) and (8) of the Reserve Forces Act 1996 shall apply to a person subject to this section as if he were a person to whom section 70 of that Act applied, except that section 70(5)(a) shall not apply to a person to whom section 31 or 34 above applies.
.
19
For section 36 of the 1980 Act there shall be substituted —
Application of sections 71, 73 to 75 and 77 of the Reserve Forces Act 1996 to persons recalled under section 30, 31 or 34
36
1
Section 71 of the Reserve Forces Act 1996 shall apply to those liable to be recalled under section 30, 31 or 34 above as it applies to those to whom section 66 of that Act applies, but with the following amendments —
a
section 71(5) of that Act shall apply to persons liable to be recalled under section 31 or 34 above as if for the first two lines there were substituted —
When a call-out order under section 52 of the Reserve Forces Act 1996 is in force, and men of the Army Reserve or the Air Force Reserve, as the case may be, are in permanent service under it, any person who is thereby liable to be recalled under section 31 or 34 above who —
;
b
section 71(6) shall apply as if for paragraph (b) of that subsection there were substituted —
b
he shall be deemed to have been recalled for service under section 30, 31 or 34 as the case may be.
.
2
Sections 73 and 74 of the Reserve Forces Act 1996 shall apply to those liable to recall under section 30, 31 or 34 above as they apply to those liable to recall under Part VII of that Act.
3
Section 75 of the Reserve Forces Act 1996 shall apply to those liable to recall under section 30, 31 or 34 above as if —
a
the reference in subsection (1) to section 66(1) of the Reserve Forces Act 1996 were a reference to sections 30, 31 and 34 above;
b
for subsection (2) there were substituted —
2
The regulations shall secure that a person liable to provide information by virtue of this section shall cease to be liable to provide such information after he ceases to be a person liable to recall by virtue of section 31(4) of the Reserve Forces Act 1980 or, if section 34 applies to him, he reaches the age mentioned in section 34(2) of that Act or on such other grounds as may be prescribed by regulations made under section 73(a) of the Reserve Forces Act 1996).
.
4
Section 77 of the Reserve Forces Act 1996 shall have effect in relation to persons liable to recall under section 30, 31 or 34 as if the words “this Part” included a reference to sections 30 to 36A inclusive of the Reserve Forces Act 1980.
.
20
After section 36 of the 1980 Act there shall be inserted —
Application of Part X of the Reserve Forces Act 1996 to persons liable to recall under section 30, 31 or 34
36A
For the avoidance of doubt, it is declared that Part X of the Reserve Forces Act 1996 (general offences) applies to a person liable to recall under section 30, 31 or 34 above as it applies to a person liable to recall under the Reserve Forces Act 1996.
.
21
After section 42 of the 1980 Act there shall be inserted —
Application of section 23 of the Reserve Forces Act 1996
42A
Section 23 of the Reserve Forces Act 1996 (power to exempt persons from or relax training obligations) shall apply to persons to whom this Act applies other than members of the Royal Naval Reserve or the Royal Fleet Reserve as if in section 23 for the words “section 22” wherever they appear there were substituted the words “the Reserve Forces Act 1980”.
22
In section 50 of the 1980 Act after subsection (3) there shall be inserted —
4
For the avoidance of doubt, it is declared that subsections (1) and (3) above do not apply to any man being entered or re-entered for service in the Royal Naval Reserve or the Royal Fleet Reserve if, after being so entered or re-entered for service, he would not be a transitional member as defined in paragraph 3 of Schedule 9 to the Reserve Forces Act 1996.
.
23
In section 83 of the 1980 Act, for subsection (1) there shall be substituted —
1
In the application to a man to whom this subsection applies of section 9 of the Army Act 1955, or section 9 of the Air Force Act 1955 (which in either case provides, among other things, for postponement of discharge or transfer to the reserve where men of the reserve are called out for permanent service) —
a
the amendments made by paragraphs 2 and 5 of Schedule 7 to the Reserve Forces Act 1996 shall not apply;
b
the references to men of the reserve being called out for permanent service shall (notwithstanding anything in section 225(2) of the Army Act 1955 or section 223(2) of the Air Force Act 1955) include references to such men being called out under section 11 above or paragraph 16 of Schedule 8 to this Act.
.
24
1
Section 100 of the 1980 Act shall be amended as follows.
2
In subsection (2), for the words “section 98 above” there shall be substituted “section 16(2)(a) of the Reserve Forces Act 1996”.
3
In subsection (3) —
a
for the words “section 10(1) above” in both places in which they appear there shall be substituted “section 52(1)(a) of the Reserve Forces Act 1996”;
b
for the word “ordering” in both places in which it appears there shall be substituted “authorising members of”.
25
1
Section 101(1) of the 1980 Act shall be amended as follows.
2
For the words “section 98 above” there shall be substituted “section 16(2)(a) of the Reserve Forces Act 1996”.
3
For the words “section 12(1) above” there shall be substituted “section 54 of the Reserve Forces Act 1996 authorising the call-out of members of the Territorial Army”.
26
Section 154(1) of the 1980 Act shall be amended by omitting the words “, or paragraph 18(4)(a) of Schedule 8 to this Act”.
27
In section 156(1) of the 1980 Act, in the definition of “prescribed”, for the words “this Act” there shall be substituted “the Reserve Forces Act 1996”.
28
In paragraph 16(6) of Schedule 8 to the 1980 Act, in the last line, for the words “sub-paragraphs (1) and” there shall be substituted “sub-paragraph”.
Savings
29
The coming into force of Schedule 11 to the Reserve Forces Act 1996 shall not have the effect of revoking any regulations made under section 128 of the 1980 Act which provide for the matters mentioned in subsection (1)(h) of that section.
Nicholas Soames
Minister of State, Ministry of Defence
19th February 1997


text:
Citation and commencement
1
This Order may be cited as the Kingston and District Community National Health Service Trust (Establishment) Amendment Order 1997 and shall come into force on 31st March 1997.
Amendment of NHS trust Establishment Order
2
In Article 3(2) of the Kingston and District Community National Health Service Trust (Establishment) Order 1993 —
a
in sub-paragraph (a) for “KT6 9QT” there shall be substituted “KT6 7QU”; and
b
for sub-paragraph (b) there shall be substituted the following new sub-paragraph:
b
to manage community health services provided from Tolworth Hospital, Red Lion Road, Tolworth, Surrey KT6 7QU and to own the associated premises.
.
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under Secretary of State,
Department of Health
19th March 1997


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Lake District) Designation (Amendment) Order 1997 and shall come into force on 1st July 1997.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Lake District) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Rates of payment under agreement
4
In article 6 of the principal Order —
a
in paragraph (1) —
i
in sub-paragraph (a), for the amount “£10” there shall be substituted the amount “£12”;
ii
in sub-paragraph (b), for the amount “£45” there shall be substituted the amount “£47”;
b
in paragraph (2), in the table, in the right-hand column —
i
for the figure “200” there shall be substituted the figure “190”, and
ii
for the figure “100” there shall be substituted the figure “105”;
c
in paragraph (3), for the amount “£3.50” there shall be substituted the amount “£4”.
Amendment to Schedule
5
In Schedule 5 (conservation plan operations) to the principal Order, after paragraph 7, there shall be inserted the following paragraph:
8
The creation or restoration of ponds.
.
Saving
6
The amendments made to the principal Order by article 4 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1997.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th June 1997
We consent
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 1997


text:
Title and commencement
1
These Regulations may be cited as the Cattle Identification (Enforcement) Regulations 1997 and shall come into force on 22nd August 1997.
Interpretation and extent
2
1
In these Regulations —
“cattle” means bovine animals including the species bison bison and bubalus bubalis;
“farm” means any holding on which cattle are kept for the purpose of breeding, production, raising or fattening;
“holding” means any establishment, construction or, in the case of an open-air farm, any place situated within the territory of Great Britain, in which cattle are held, kept or handled;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Minister or a local authority, and when used in relation to a person so appointed by the Minister, includes a veterinary inspector;
“keeper” means any natural or legal person responsible for animals, whether on a permanent or on a temporary basis, including during transportation or at a market;
“local authority” means —
in England, as respects each London borough (except in relation to imported live animals), metropolitan district or non-metropolitan county, the council of that borough, district or county;
as respects the City of London, and for all London boroughs in relation to imported live animals, the Common Council;
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
in Wales, a county or county borough;
“Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland and to Wales, the Secretary of State;
“veterinary inspector” means a person appointed as a veterinary inspector by the Minister.
2
These Regulations shall not extend to Northern Ireland.
Enforcement of Council Regulation 820/97/ EC
3
1
Any person who contravenes or fails to comply with any of the following provisions of Council Regulation 820/97/EC (establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products ) and, in the case of a register, fails to complete that register in accordance with this regulation, shall be guilty of an offence —
a
Article 4.3 (imports from third countries);
b
Article 4.5 (removal of ear tags);
c
Article 7.1 (keeping of a register);
d
Article 7.3 (provision of information);
e
Article 7.4 (production and retention of the register).
2
The Minister of Agriculture, Fisheries and Food shall be the competent authority for the purposes of Article 4.1, 4.5 and 4.6 of Council Regulation 820/97/EC.
3
For the purposes of Article 7.4 of Council Regulation 820/97/EC, the register to be kept under this article shall be substantially in the form set out the Schedule to these Regulations, shall contain the following information and shall be completed at the following times —
a
a record of the movement of an animal on or off a holding shall be made within 36 hours of the movement;
b
a record relating to the birth of an animal in a dairy herd shall be made within 7 days of the birth;
c
a record relating to the birth of an animal otherwise than in a dairy herd shall be made within 30 days of the birth;
d
a record relating to the death of an animal shall be made within 7 days of the death;
e
a record relating to the replacement of an ear tag shall be made within 36 hours of the replacement.
4
For the purposes of Article 7.4 of Council Regulation 820/97/EC, the register shall be kept for 10 years in the case of a farm and 3 years in any other case, in both cases from the end of the calendar year in which the last entry was made; and any record made under the Bovine Animals (Records, Identification and Movement) Order 1995 , the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 or the Movement of Animals (Records) Order 1960 shall be kept for the same period.
5
In the case of an animal which is not ear tagged, but is marked under the Bovine Animals (Identification, Marking and Breeding Records) Order 1990, the reference to an ear tag in the form set out in the Schedule is to the mark applied under that Order.
Powers of inspectors
4
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of Council Regulation 820/97/EC, and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
examine any records in whatever form, and take copies of those records;
c
remove and retain any documents and records relating to these Regulations;
d
have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with records, and may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require;
e
where records are kept by means of a computer, may require the records to be produced in a form in which they may be taken away; and
f
take with him a representative of the European Commission acting for the purposes of Council Regulation 820/97/EC or any other person he considers necessary for the enforcement of these Regulations.
Powers of an officer of the Minister
5
1
In accordance with the second paragraph of Article 21 of Council Regulation 820/97/EC, an officer of the Minister may serve a notice on a keeper of animals on a holding restricting the movement of cattle from the holding if he is satisfied that this is necessary for the proper enforcement of that Regulation; and any person who fails to comply with that notice shall be guilty of an offence.
2
A notice under this regulation shall be in writing, may be subject to conditions and may be amended or withdrawn by notice in writing at any time.
Obstruction
6
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading;
and any person who contravenes or fails to comply with this regulation shall be guilty of an offence.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
7
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity;
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Penalties
8
1
A person guilty of an offence under regulation 6(1)(a) or (b) above shall be 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.
2
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Enforcement
9
These Regulations shall be enforced by the local authority and —
a
in England, by the Minister of Agriculture, Fisheries and Food;
b
in Wales, by the Minister of Agriculture, Fisheries and Food or the Secretary of State for Wales;
c
in Scotland, by the Secretary of State for Scotland.
Revocations and amendments
10
1
The Bovine Animals (Identification, Marking and Breeding Records) Order 1990 is revoked.
2
Articles 5(1), 5(2), 5(3), 5(5), 5(6), 7(1), 7(4), 8(5), 8(6), and 12 and Schedule 2 of the Bovine Animals (Records, Identification and Movement) Order 1995 are revoked.
3
The following paragraph is substituted for paragraph (2)(b) of regulation 4 of the Suckler Cow Premium Regulations 1993 —
b
retain for such period any records which he has kept under —
i
article 3(1) of the Movement of Animals (Records) Order 1960 and article 9(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990;
ii
article 5(1) of the Bovine Animals (Records, Identification and Movement) Order 1995; or
iii
article 7.4 of Council Regulation 820/97/EC (establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products);
provided that the suckler cows for which an application for Community premium was made are clearly distinguished.
.
4
The following paragraph is substituted for paragraph (2)(b) of regulation 13 of the Beef Special Premium Regulations 1996 —
b
retain for such period any records which he has kept under —
i
article 3(1) of the Movement of Animals (Records) Order 1960 and article 9(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990;
ii
article 5(1) of the Bovine Animals (Records, Identification and Movement) Order 1995; or
iii
article 7.4 of Council Regulation 820/97/EC (establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products);
provided that the animals for which an application for Community premium has been made are clearly distinguished.
.
Jeff Rooker
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
30th July 1997
Sewel
Parliamentary Under-Secretary of State, Scottish Office
31st July 1997