text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Recovery of Benefits) (Appeals) Regulations 1997 and shall come into force on 6th October 1997.
2
In these Regulations —
“the 1997 Act ” means the Social Security (Recovery of Benefits) Act 1997;
“ clerk to the tribunal ” means a clerk to a medical appeal tribunal appointed in accordance with section 50 of, and paragraph 3 of Schedule 2 to, the Social Security Administration Act 1992;
“Commissioner” has the meaning given in section 191 of the Social Security Administration Act 1992;
“ Compensation Recovery Unit ” means the Compensation Recovery Unit of the Department of Social Security at Reyrolle Building, Hebburn, Tyne and Wear NE31 1XB;
“ compensator ” means a person making a compensation payment;
“ full-time chairman ” means a regional or other full-time chairman of medical appeal tribunals appointed under section 51(1) of the Social Security Administration Act 1992;
“ President ” means the President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals appointed under section 51(1) of the Social Security Administration Act 1992.
3
A reference in these Regulations to the parties to the proceedings is a reference to the Secretary of State and any person entitled under section 11(2) of the 1997 Act to make an appeal.
4
Where, by any provision of these Regulations —
a
any notice or other document is required to be given or sent to the Compensation Recovery Unit, or the clerk to or a chairman of a tribunal, that notice or document shall be treated as having been so given or sent on the day that it is received in the office of the Compensation Recovery Unit or of the clerk to the relevant tribunal, as appropriate; and
b
any notice or other document is required to be given or sent to any other person, that notice or document shall, if sent by post to that person’s last known or notified address, be treated as having been given or sent on the day that it was posted.
5
Subject to regulation 13(3), where by these Regulations any power is conferred on a chairman of a tribunal then —
a
if the power is to be exercised at the hearing of an appeal or application, it shall be exercised by the chairman of the tribunal hearing the appeal or application; and
b
otherwise, it shall be exercised by a person who is eligible to be nominated to act as a chairman of a medical appeal tribunal under section 50(4) of the Social Security Administration Act 1992.
Manner of making appeals and time limits
2
1
Any appeal against a certificate of recoverable benefits shall, subject to paragraph (11), be in writing on a form approved by the Secretary of State and shall be given or sent to the Compensation Recovery Unit —
a
not later than 3 months after the date the compensator discharged the liability under section 6 of the 1997 Act;
b
where the certificate is reviewed by the Secretary of State in accordance with regulations made under section 11(5)(c) of the 1997 Act, not later than 3 months after the date the certificate is confirmed, or, as the case may be, a fresh certificate is issued; or
c
where an agreement is made under which an earlier compensation payment is treated as having been made in final discharge of a claim made by or in respect of an injured person and arising out of the accident, injury or disease, not later than 3 months after the date of that agreement.
2
The time specified by this regulation for the making of any appeal may be extended, even though the time so specified may already have expired, provided the conditions set out in paragraphs (3) to (7) are satisfied; and any application for an extension of time under this paragraph shall be made to the Compensation Recovery Unit and shall be determined by a chairman of a medical appeal tribunal.
3
Where the time specified for the making of an appeal has already expired, an application for an extension of time for making an appeal shall not be granted unless the applicant has satisfied the chairman considering the application that —
a
if the application is granted there are reasonable prospects that such an appeal will be successful; and
b
it is in the interests of justice that the application be granted.
4
For the purposes of paragraph (3) it shall not be considered to be in the interests of justice to grant an application unless the chairman considering the application is satisfied that —
a
special reasons exist, which are wholly exceptional and which relate to the history or facts of the case; and
b
such special reasons have existed throughout the period beginning with the day following the expiry of the time specified by paragraph (1) for the making of an appeal and ending with the day on which the application for an extension of time is made; and
c
such special reasons manifestly constitute a reasonable excuse of compelling weight for the applicant’s failure to make an appeal within the time specified.
5
In determining whether there are special reasons for granting an application for an extension of time for making an appeal under paragraph (2) the chairman considering the application shall have regard to the principle that the greater the amount of time that has elapsed between the expiry of the time specified for the making of the appeal and the making of the application for an extension of time, the more cogent should be the special reasons on which the application is based.
6
In determining whether facts constitute special reasons for granting an application for an extension of time for making an appeal under paragraph (2) no account shall be taken of the following —
a
that the applicant or anyone acting for him or advising him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of any time limits imposed by paragraph (1));
b
that a Commissioner or a court has taken a different view of the law from that previously understood and applied.
7
Notwithstanding paragraph (2), no appeal may in any event be brought later than 6 years after the beginning of the period specified in paragraph (1) or if more than one such period is relevant, the one beginning later or latest.
8
An application under paragraph (2) for an extension of time which has been refused may not be renewed.
9
Any appeal or application under these Regulations shall contain the following particulars —
a
in the case of an appeal, the date of the certificate of recoverable benefits or review decision of the Secretary of State against which the appeal is made, the question under section 11 of the 1997 Act to which the appeal relates, and a summary of the arguments relied on by the person making the appeal to support his contention that the certificate is wrong;
b
in the case of an application under paragraph (2) for an extension of time in which to appeal, in relation to the appeal which it is proposed to bring, the particulars required under sub-paragraph (a) together with particulars of the special reasons on which the application is based.
10
Where the appeal or application under paragraph (2) for an extension of time is made by the injured person or other person to whom a compensation payment has been made, there shall be sent with that appeal or application a copy of the statement given to that person under section 9 of the 1997 Act or if that statement was not in writing, a written summary of it.
11
Where an appeal is not made on the form approved for the time being, but is made in writing, contains all the particulars required under paragraph (9) and, where applicable, is accompanied by the document required under paragraph (10), the Secretary of State may treat that appeal as duly made.
12
Where it appears to the Secretary of State that an appeal or application does not contain the particulars required under paragraph (9) or is not accompanied by the document required under paragraph (10) he may direct the person making the appeal or application to provide such particulars or such document.
13
Where paragraph (12) applies, the Secretary of State may extend the time specified by this regulation for making the appeal or application by a period of not more than 14 days.
14
Where further particulars or a document are required under paragraph (12) they shall be sent or delivered to the Compensation Recovery Unit within such period as the Secretary of State may direct.
15
The date of an appeal shall be the date on which all the particulars required under paragraph (9) and, where applicable, the document required under paragraph (10) are received by the Compensation Recovery Unit.
16
In the case of an application under paragraph (2) for an extension of time for making an appeal, the chairman who determines that application shall record his decision in writing together with a statement of the reasons for the decision.
17
As soon as practicable after the decision has been made, it shall be communicated to the applicant and to the Secretary of State and if within 3 months of such communication being sent the applicant or the Secretary of State so requests in writing, a copy of the record referred to in paragraph (16) shall be supplied to the person making that request.
18
The Secretary of State may treat any appeal as an application for review under section 10 of the 1997 Act, notwithstanding that a condition specified in paragraph (a) or (b) of section 10(1) is not satisfied.
General provisions relating to the procedure of tribunals
3
1
Subject to the provisions of the 1997 Act and of these Regulations —
a
the procedure in connection with the consideration and determination of any reference to a medical appeal tribunal under section 12 of the 1997 Act shall be such as the chairman of the tribunal shall determine;
b
the chairman of a tribunal may give directions requiring any party to the proceedings to comply with any provision of these Regulations and may further at any stage of the proceedings either of his own motion or on a written application made to the clerk to the tribunal by any such party give such directions as he may consider necessary or desirable for the just, effective and efficient conduct of the proceedings and may direct any party to provide such further particulars or to produce such documents as may reasonably be required;
c
where under these Regulations the clerk to the tribunal is authorised to take steps in relation to the procedure of the tribunal, he may give directions requiring any party to the proceedings to comply with any provision of these Regulations;
d
any person who by virtue of the provisions of these Regulations has the right to be heard at a hearing may be accompanied and may be represented by another person whether having professional qualifications or not and, for the purposes of the proceedings at any such hearing, any such representative shall have all the rights and powers to which the person whom he represents is entitled under the 1997 Act and these Regulations.
2
For the purpose of arriving at its decision a tribunal shall, and for the purpose of discussing any question of procedure may, notwithstanding anything contained in these Regulations, order all persons not being members of the tribunal, other than the person acting as clerk to the tribunal, to withdraw from the sitting of the tribunal, except that —
a
a member of the Council on Tribunals or of the Scottish Committee of the Council and the President and any full-time chairman; and
b
with the leave of the chairman of the tribunal,
i
any person undergoing training as a chairman or other member of a medical appeal tribunal or as a clerk to such a tribunal, and
ii
any other person to whose presence every party to the proceedings actually present consents,
may remain present at any such sitting.
3
Nothing in these Regulations shall prevent a member of the Council on Tribunals or of the Scottish Committee of the Council from being present at a hearing before a tribunal, in his capacity as such, notwithstanding that the hearing is not in public.
4
Where a reference is made to a tribunal by the Secretary of State, the clerk to the tribunal shall give notice of it to the other parties to the proceedings.
Requirement for oral hearings
4
1
Where a reference is made to a tribunal, the clerk to the tribunal shall direct every party to the proceedings to notify him if that party wishes an oral hearing of that reference to be held.
2
A notification under paragraph (1) shall be in writing and shall be made within 10 days of receipt of the direction from the clerk to the tribunal or within such other period as the clerk to the tribunal or the chairman of the tribunal may direct.
3
Where the clerk to the tribunal receives a notification in accordance with paragraph (2) the tribunal shall hold an oral hearing.
4
The chairman of a tribunal may of his own motion require an oral hearing to be held if he is satisfied that such a hearing is necessary to enable the tribunal to reach a decision.
Procedure at oral hearings
5
1
Except where paragraph (4) applies, not less than 7 days notice, beginning with the day on which the notice is given and ending on the day before the hearing, of the time and place of any oral hearing before a tribunal shall be given to every party to the proceedings, and if such notice has not been given to a person to whom it should have been given under the provisions of this paragraph the hearing may proceed only with the consent of that person.
2
The chairman of a tribunal may give notice before or during an oral hearing for the determination at that hearing by the tribunal, in accordance with the provisions of these Regulations, of any question referred under section 12 of the 1997 Act notwithstanding that a party to the proceedings has failed to indicate his availability for a hearing or to provide all the information which may have been requested, if the chairman is satisfied that such party —
a
has failed to comply with a direction regarding his availability or requiring information under regulation 3(1)(b) or (c); and
b
has not given any explanation for his failure to comply with such a direction;
provided that the chairman is satisfied that the tribunal has sufficient particulars in order for the question to be determined.
3
The chairman of a tribunal may give notice before or during, an oral hearing for the determination at that hearing by the tribunal, in accordance with the provisions of these Regulations, of any question where he believes the appeal on that ground has no reasonable prospect of success.
4
Any party to the proceedings may waive his right to receive not less than 7 days notice of the time and place of any oral hearing as specified in paragraph (1).
5
If a party to the proceedings to whom notice has been given under paragraph (1) fails to appear at the hearing the tribunal may, having regard to all the circumstances including any explanation offered for the absence and, where applicable, the circumstances set out in paragraph (2)(a) and (b), proceed with the hearing notwithstanding his absence, or give such directions with a view to the determination of any question referred to it as it may think proper.
6
If a party to the proceedings has waived his right to be given notice under paragraph (4), the tribunal may proceed with the hearing notwithstanding his absence.
7
Any oral hearing before a tribunal shall be in public except where the person making the appeal requests a private hearing or the chairman is satisfied that intimate personal or financial circumstances may have to be disclosed or that considerations of public security are involved, in which case the hearing shall be in private.
8
At any oral hearing any party to the proceedings shall be entitled to be present and be heard.
9
The following persons shall also be entitled to be present at an oral hearing (whether or not it is otherwise in private) but shall take no part in the proceedings —
a
the President and any full-time chairman;
b
any person undergoing training as a chairman or other member of a medical appeal tribunal or as a clerk to such a tribunal;
c
any person acting on behalf of the President or the Secretary of State in the training or supervision of clerks to medical appeal tribunals or of officers of the Secretary of State;
d
any person undergoing training as an officer of the Secretary of State; and
e
with the leave of the chairman of the tribunal and the consent of every party to the proceedings actually present, any other person.
10
Nothing in paragraph (9) affects the rights of any person mentioned in sub-paragraph (a) and (b) of that paragraph at any oral hearing where he is sitting as a member of the tribunal or acting as its clerk, and nothing in this regulation prevents the presence at an oral hearing of any witness.
11
Any person entitled to be heard at an oral hearing may address the tribunal, may give evidence, may call witnesses and may put questions directly to any other person called as a witness.
Postponement and adjournment
6
1
Where a person to whom notice of an oral hearing by a tribunal has been given wishes to apply for that hearing to be postponed, he shall do so in writing to the clerk to the tribunal stating his reasons for the application, and the clerk may grant or refuse the request as he thinks fit or may pass the request to the chairman, who may grant or refuse the request as he thinks fit.
2
The chairman or the clerk to the tribunal may of his own motion at any time before the beginning of an oral hearing postpone that hearing.
3
An oral hearing may be adjourned by the tribunal at any time on the application of any party to the proceedings or of its own motion.
4
Where an oral hearing is adjourned and at the hearing after the adjournment the tribunal is differently constituted, the proceedings at that hearing shall be by way of a complete rehearing of the case.
Withdrawal of appeals
7
Any appeal may be withdrawn by the person who made the appeal —
a
before a question has been referred to a tribunal under section 12 of the 1997 Act, by written notice in writing to the Compensation Recovery Unit and with the consent of the Secretary of State;
b
after the reference has been made and before the hearing begins, by written notice to the chairman of the tribunal to which a question was referred and with the written consent of the Secretary of State;
c
after the hearing has begun, at any time before the determination is made with the leave of the chairman of the tribunal and the consent of the Secretary of State.
Non-disclosure of medical evidence
8
1
Where, in connection with the consideration of any question, there is before a tribunal medical advice or medical evidence relating to a person which has not been disclosed to him, and in the opinion of the chairman of the tribunal the disclosure to that person of that advice or evidence would be harmful to his health, such advice or evidence shall not be required to be disclosed.
2
Evidence such as is mentioned in paragraph (1) shall not be disclosed to any person acting for or representing the person to whom it relates unless the chairman is satisfied that it is in the interests of the person to whom the evidence relates to do so.
3
A tribunal shall not be precluded from taking into account for the purposes of the determination evidence which has not been disclosed to a person under the provisions of paragraph (1) or (2).
Decisions of tribunals
9
1
The decision of the majority of the tribunal shall be the decision of the tribunal.
2
Every decision of a tribunal shall be recorded in summary by the chairman in such written form of decision notice as shall have been approved by the President, and such decision notice shall be signed by the chairman.
3
As soon as may be practicable after a case has been decided by a tribunal, a copy of the decision notice made in accordance with paragraph (2) shall be sent or given to every party to the proceedings who shall also be informed of —
a
his right under paragraph (6); and
b
the conditions governing appeals to a Commissioner.
4
A statement of the reasons for the tribunal’s decision and of its findings on questions of fact material thereto may be given —
a
orally at the hearing; or
b
in writing at such later date as the chairman may determine.
5
Where the statement referred to in paragraph (4) is given orally, it shall be recorded in such medium as the chairman may determine.
6
A copy of the statement referred to in paragraph (4) shall be supplied to the parties to the proceedings if requested by any of them within 21 days after the decision notice has been sent or given, and if the statement was given orally at the hearing, that copy shall be supplied in such medium as the chairman may direct.
7
If a decision is not unanimous, the statement referred to in paragraph (4) shall record that one of the members dissented and the reasons given by him for dissenting.
8
A record of the proceedings at the hearing shall be made by the chairman in such medium as he may direct and preserved by the clerk to the tribunal for 18 months, and a copy of such record shall be supplied to the parties if requested by any of them within that period.
Correction of accidental errors in decisions
10
1
Subject to regulation 12 (provisions common to regulations 10 and 11) accidental errors in any decision or record of a decision may at any time be corrected by the tribunal which gave the decision or by another medical appeal tribunal.
2
A correction made to, or to the record of, a decision shall be deemed to be part of the decision or of that record and written notice of it shall be given as soon as practicable to every party to the proceedings.
Setting aside decisions on certain grounds
11
1
Subject to regulation 12 (provisions common to regulations 10 and 11), on an application made by a party to the proceedings, a decision may be set aside by the tribunal which gave the decision or by another medical appeal tribunal in a case where it appears just to set the decision aside on the ground that —
a
a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or the party’s representative or was not received at an appropriate time by the tribunal which gave the decision; or
b
a party to the proceedings in which the decision was given or the party’s representative was not present at a hearing relating to the proceedings; or
c
the interests of justice so require.
2
In determining whether it is just to set aside a decision on the ground set out in paragraph (1)(b), the tribunal shall determine whether the party making the application gave a notification to the clerk of the tribunal that he wished an oral hearing to be held, and if that party did not give such a notification the tribunal shall not set the decision aside unless it is satisfied that the interests of justice manifestly so require.
3
An application under this regulation shall —
a
be made in writing;
b
be given or sent to the office of the clerk to the tribunal which made the relevant decision not later than 3 months after the date when notice of the tribunal’s decision was sent or given to the applicant;
c
contain particulars of the grounds on which it is made.
4
The time specified in paragraph (3) for the making of an application may be extended for special reasons, even though the time so specified may already have expired, by the chairman of the tribunal; and regulation 2(16) and (17) (recording reasons for a decision and providing a copy of the record) shall apply in relation to any determination by a chairman.
5
Where an application to set aside a decision is entertained under paragraph (1), every party to the proceedings shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.
6
Notice in writing of a determination on an application to set aside a decision shall be given to every party to the proceedings as soon as may be practicable and the notice shall contain a statement giving the reasons for the determination.
7
For the purposes of determining under these Regulations an application to set aside a decision there shall be disregarded regulation 1(4) and any provision in any enactment or instrument to the effect that any notice or other document required or authorised to be given or sent to any person shall be deemed to have been given or sent if it was sent by post to that person’s last known or notified address.
Provisions common to regulations 10 and 11
12
1
In calculating any time specified in regulation 11 or 13, there shall be disregarded any day falling before the day on which notice was given of a correction of a decision or the record thereof pursuant to regulation 10 or on which notice is given of a determination that a decision shall not be set aside following an application made under regulation 11, as the case may be.
2
Without prejudice to provisions for appeals to Commissioners, there shall be no other appeal against a correction made under regulation 10 or a refusal to make such a correction or against a determination given under regulation 11.
3
Nothing in regulation 10 or 11 shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from these Regulations.
Application to a chairman for leave to appeal to a Commissioner
13
1
Subject to the following provisions of this regulation, an application to the chairman of a tribunal for leave to appeal to a Commissioner from a decision of a tribunal shall —
a
be made in writing;
b
be given or sent to the office of the clerk to the tribunal which made the relevant decision not later than 3 months after the date when a notice of the tribunal’s decision was sent or given to the applicant;
c
contain particulars of the grounds on which it is made;
d
have annexed thereto a copy of the statement of the reasons for the tribunal’s decision referred to in regulation 9(4).
2
Where an application for leave to appeal is made by the Secretary of State, the clerk to the tribunal shall, as soon as may be practicable, send a copy of the application to every other party to the proceedings.
3
The decision of the chairman on an application for leave to appeal shall be recorded in writing and copies shall be given or sent to every party to the proceedings.
4
Where in any case it is impracticable, or it will be likely to cause undue delay, for an application for leave to appeal against the decision of a tribunal to be determined by the person who was the chairman of that tribunal, that application shall be determined by any other person eligible to be nominated to act as a chairman of a medical appeal tribunal under section 50(4) of the Social Security Administration Act 1992.
5
A person who has made an application to the chairman of the tribunal for leave to appeal to a Commissioner against a decision of a tribunal may withdraw his application at any time before it is determined by giving written notice of intention to withdraw to the chairman.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
15th September 1997


type: legislation

jurisdiction: UK

text:
Title and Commencement
1
This Order may be cited as the Judicial Pensions (Requisite Surviving Spouses' Benefits etc) Order 1997 and shall come into force on 1st December 1997.
Interpretation
2
In this Order —
“judicial pension scheme” means a public service pension scheme under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices (whether or not in respect of service in such offices alone);
“qualifying judicial office” means a judicial office listed in Schedule 1 to the Judicial Pensions and Retirement Act 1993 whose jurisdiction is exercised in England and Wales or Scotland.
Entitlement of surviving spouse to a pension
3
Subject to article 4, in any case —
a
where a member of a judicial pension scheme dies leaving a surviving spouse; and
b
where the deceased member has retired from qualifying judicial office, the marriage took place before his retirement;
the surviving spouse shall be entitled to receive a pension under the scheme.
4
1
Article 3 does not apply where, in relation to a reference scheme, a surviving spouse’s pension need not be paid by virtue of regulations made under section 12B(4)(a) of the Pension Schemes Act 1993 .
2
In this article “reference scheme” has the meaning given to it in the Pension Schemes Act 1993.
Annual rate of surviving spouse’s pension
5
The annual rate of a surviving spouse’s pension payable under a judicial pension scheme shall be no less than the amount specified in section 12B(4) of the Pension Schemes Act 1993 and shall be assessed by reference to the service of the member of the scheme on and after 6th April 1997.
Relationship to other benefits
6
Any pension to which a surviving spouse is entitled by virtue of this Order shall be reckoned towards and treated as part of any pension paid to the surviving spouse under the judicial pension scheme.
Entitlement to have effect notwithstanding other enactments
7
The entitlement to a surviving spouse’s pension under this Order shall have effect notwithstanding the terms of any enactment relating to the judicial pension scheme.
The Judicial Pensions (Guaranteed Minimum Pension etc) Order 1995
8
1
The Judicial Pensions (Guaranteed Minimum Pension etc) Order 1995 shall be amended in accordance with paragraph (2) below.
2
In article 6(2), for “the formula (A×B)/200)×3.4” substitute “the formula ([A×(B×52)]/200)×3.4”.
Irvine of Lairg, C.
Dated 4th November 1997
Donald C. Dewar
One of Her Majesty’s Principal Secretaries of State
Dated 31st October 1997


text:
Citation and Commencement
1
These Regulations may be cited as the Trading Schemes (Exclusion) Regulations 1997 and shall come into force on 6th February 1997.
Interpretation
2
In these Regulations —
“ the Act ” means the Fair Trading Act 1973
“annual profit of the trading scheme” means for each financial year the net profit of the promoter or promoters of the trading scheme as shown in the accounts of the trading scheme.
“chain letter” means any trading scheme under which a letter is sent to participants or prospective participants directly or indirectly instructing or requesting them to —
send monies or other benefits to at least one of the idividuals on a list of individuals, shown with their mailing addresses, which is contained in or accompanying that letter; and
carry on the chain by sending copies of the letter to other individuals not on the list and removing from the list any one name and address and adding their own to it.
“participant” has the same meaning as in section 118(8) of the Act.
“single tier trading scheme” means a trading scheme the only members of which are the promoter or promoters and one or more participants and under which, in the United Kingdom, either a single promoter or a single participant operates at one level and any other participant or participants of the trading scheme operate at the same level below such promoter or participant aforesaid.
“trading scheme” has the same meaning as in section 118(8) of the Act.
Disapplication of Part XI of the Act
3
For the purpose of section 118(6)(b) of the Act the Secretary of State hereby prescribes trading schemes of the following description, that is to say —
a
any trading scheme which is a single tier trading scheme under which a participant introducing another participant to the scheme does not receive any payment or benefit, or can only receive a single benefit or payment, in respect of the introduction of that participant, such payment or benefit not exceeding £50 and can receive no other benefit or payment in respect of or flowing directly or indirectly from the membership or activities of that participant in that or any other trading scheme, unless such other benefit or payment results from —
i
a sharing of expenses of the operation of the trading scheme;
i
a share in the annual profit of the trading scheme; or
iii
the sale of the participant’s business, being a business in respect of which a registration under the Value Added Taxes Act 1994 was in force at the date of sale.
b
any trading scheme the promoter or all of the promoters of which and all of the participants in which are registered for Value Added Tax; or
c
any trading scheme which is a chain letter provided there is no requirement on the participant to send monies or other benefits
i
to a central address or the promoter of the trading scheme for onward distribution; or
ii
to any person or organisation other than or additional to the person whose name and address is to be deleted from the list when the participant sends the letter to others; or
iii
to an organisation or person for onward transmission to a participant (whether or not that participant is identified on the list), and
where the promoter does not benefit from the provision of any other service or facilities offered or provided either by him or any other person or organisation to participants.
John M Taylor,
Parliamentary Under-Secretary of State for Corporate and Consumer Affairs,
Department of Trade and Industry
13th January 1997


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


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Worcestershire Community Healthcare National Health Service Trust (Transfer of Trust Property) Order 1997 and shall come into force on 30th July 1997.
2
In this Order,
“the first Trust” means the Worcester Royal Infirmary National Health Service Trust;
“the second Trust” means the Worcestershire Community Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the first Trust and the second Trust on 3rd June 1997, which schedule has been signed on behalf of both those NHS trusts.
Transfer of trust property
2
On 30th July 1997 the trust property shall be transferred from the first Trust to the second Trust.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State
Department of Health
1st July 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Frontel Newco 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:
Citation and commencement
1
This Order may be cited as the Pembrokeshire National Health Service Trust (Dissolution) Order 1997 and shall come into force on 1st April 1997.
Dissolution of NHS trust
2
The Pembrokeshire National Health Service Trust established by the Pembrokeshire National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
William Hague
Secretary of State for Wales
3rd March 1997


text:
Title and commencement
1
These Regulations may be cited as the Novel Foods and Novel Food Ingredients Regulations 1997 and shall come into force on 16th June 1997.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“food authority” has the same meaning as set out in section 5(1), (1A), (2) and (3) of the Act save that it does not include —
the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change; or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“novel food” and “novel food ingredients” have the meaning set out in Article 1(2) of Regulation ( EC ) No. 258/97
“Regulation (EC) No. 258/97 ” means Regulation (EC) No. 258/97 of the European Parliament and of the Council concerning novel foods and novel food ingredients; and
“specified Community provision” means a provision of Regulation (EC) No. 258/97 specified in column 1, and described in column 2, of the Schedule to these Regulations.
2
Other expressions used in these Regulations have, insofar as the context admits, the same meanings as in Regulation (EC) No. 258/97 and in these Regulations any reference to a numbered article is a reference to the article so numbered in Regulation (EC) No. 258/97 .
Requests relating to Novel Foods and Novel Food Ingredients
3
Any request made pursuant to Article 4.1. shall be submitted for processing to the Minister of Agriculture, Fisheries and Food, who shall act jointly with the Secretary of State for Health as the food assessment body in Great Britain for the purposes of that Regulation.
Enforcement
4
Each food authority shall, within its area, enforce and execute the provisions of Regulation (EC) No. 258/97 and these Regulations.
Offences and penalties
5
1
Any person who contravenes or fails to comply with any of the specified Community provisions shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
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 liable to be proceeded against and punished accordingly.
Application of various provisions of the Act
6
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations —
a
section 2
(extended meaning of “sale” etc. );
b
section 3
(presumption that food is intended for human consumption);
c
section 20
(offences due to fault of another person);
d
section 21
(defence of due diligence);
e
section 30(8)
(which relates to documentary evidence);
f
section 35(1) to (3)
(punishment of offences) insofar as it relates to offences under section 33(1) and (2);
g
section 36
(offences by bodies corporate); and
h
section 44
(protection of officers acting in good faith).
Powers of Entry
7
Sections 32 and 33 of the Act (powers of entry; obstruction etc. of officers) shall apply for the purposes of these Regulations, as they apply for the purposes of the Act and any reference in subsection (1) of that section to the Act shall be construed for the purposes of these Regulations as including a reference to the specified Community provision.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
21st May 1997
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State, for Public Health
20th May 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
19th May 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
21st May 1997


text:
Citation and commencement
1
These Regulations may be cited as the Scottish Dental Practice Board Regulations 1997 and shall come into force on 27th February 1997.
Interpretation
2
In these Regulations–
“ the Act ” means the National Health Service (Scotland) Act 1978 ;
“associateship agreement” has the same meaning as in the National Health Service (General Dental Services) (Scotland) Regulations 1996 ;
“the Board” means the Scottish Dental Practice Board;
“Common Services Agency” means the Agency constituted under section 10 of the Act;
“dentist” means a registered dental practitioner;
“dental officer” has the same meaning as in the National Health Service (General Dental Services) (Scotland) Regulations 1996;
“estimate” has the same meaning as in the National Health Service (General Dental Services) (Scotland) Regulations 1996;
“member” means a member of the Board including its chairman.
Continuation of the Board
3
1
The Board shall continue to be constituted for the purpose of carrying out such duties as may be prescribed under section 4(1) of the Act and such other functions as may be conferred on it under section 4(1A) and (1C) of the Act .
2
The Board shall continue to be a body corporate.
3
The Board shall not acquire land except with the consent of the Secretary of State.
Constitution of the Board
4
The Board shall consist of–
a
a chairman who shall be a dentist; and
b
seven other members, of whom–
i
four shall be dentists (hereinafter called “dental members”); and
ii
three shall be persons who are not dentists.
Appointment of members
5
Members shall be appointed by the Secretary of State, which in the case of dental members shall be after consultation with such organisations as he may recognise as representative of dentists.
Deputy Chairman
6
If for any period the chairman is unable to act, the Secretary of State, after consultation with such organisations as he may recognise as representative of dentists, may also appoint another dentist as deputy chairman, who shall act in place of the chairman and shall be deemed to be a member of the Board for so long as he holds office, and any reference to the chairman in regulations 11, 12 and 13 shall include a reference to any deputy chairman as aforesaid.
Tenure of office of members
7
1
Subject to regulations 8 and 9 a member’s term of office shall be such period, not exceeding 3 years beginning on the date of his appointment, as the Secretary of State shall specify on appointing him.
2
A member appointed to fill a vacancy occurring by reason that a member has died or has ceased to hold office in accordance with the next succeeding regulation shall hold office for the remainder of the term of office of the person in whose place he is appointed.
Termination of tenure of office
8
1
A member may resign his office at any time after appointment by giving one month’s notice in writing to that effect to the Secretary of State.
2
The Secretary of State may terminate the tenure of office of a member–
a
if he is convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than 3 months without the option of a fine;
b
if–
i
at the time of his appointment as a member he was employed by, or held a paid appointment or office with, a Health Board or the Common Services Agency; and
ii
he is dismissed, otherwise than by reason of redundancy, from that employment or that paid appointment or office is terminated;
c
if the Secretary of State is of the opinion that it is not in the interest of the health service that the member should continue to hold office; or
d
if he is a person whose estates have been sequestrated or who has been adjudged bankrupt or has made a composition or arrangement with his creditors.
3
The Secretary of State shall terminate the tenure of office of a member–
a
if he has failed to attend a meeting of the Board in any period of twelve consecutive months, unless the Secretary of State is satisfied both that his absence was due to reasonable cause and that he will be able to attend meetings of the Board within a reasonable time; or
b
in the case of a dental member–
i
if his name has been erased from the register kept under section 14 of the Dentists Act 1984 or his registration in that register has been suspended;
ii
if his name has been removed, by a direction under section 29 of the Act from any list prepared under section 25(2) of the Act ; or
iii
if he becomes disqualified for inclusion in, or his name has been removed from, any list prepared under section 25(2) of the Act, by virtue of section 31(b) of the Act.
Re-appointment
9
A member shall, on the expiry of his term of office, be eligible for re-appointment.
Functions
10
1
The Common Services Agency shall provide the services of office accommodation and other facilities to enable the Board to carry out its functions.
2
The Board shall, for the purpose of carrying out the duties imposed on it by these Regulations, consider all claims for remuneration submitted for approval for payment and all estimates and may give or withhold approval as it thinks fit; and for the purpose of determining whether or not to give approval may ask a patient to submit himself for examination by a dental officer and may require the dentist to produce such records including radiographs and further particulars as it thinks fit.
Chairman
11
1
At every meeting of the Board the chairman, if present, shall preside.
2
If the chairman is absent from any meeting, the members present at the meeting shall elect from their own number a dental member to act as chairman for that meeting.
Meetings and proceedings
12
1
The meetings and proceedings of the Board shall be conducted in accordance with Standing Orders made under paragraph (2).
2
The Board shall make and may vary or revoke Standing Orders for the regulation of the proceedings and business of the Board.
3
Standing Orders shall–
a
provide for such number of members of the Board, not being less than three, as shall form a quorum; and
b
provide that if a member has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the Board at which the matter is under consideration–
i
he shall as soon as practicable disclose his interest to the chairman; and
ii
he shall not take part in the consideration or discussion of that matter, or vote on any question with respect to it.
4
Subject to paragraph (b), a member shall be treated for the purposes of paragraph (3) as having an indirect pecuniary interest in a matter if he is connected with a person–
a
who has a direct pecuniary interest in that matter; or
b
where the matter is a contract, with whom the contract is or is proposed to be made.
5
For the purposes of paragraph (4), a member is connected with another person if–
a
he is in the employment of, is a partner of, or is a party to an associateship agreement with that person; and
b
where that person is a company, or the member or nominee of his is a director of that company.
6
For the purposes of paragraphs (3) and (4) dental member shall not be treated as having a pecuniary interest in any matter relating to the remuneration of persons providing general dental services by reason only of his interest as a person providing general dental services if his interest cannot reasonably be regarded as an interest more substantial than that of others providing such services.
7
The proceedings of the Board shall not be invalidated by any vacancy in the membership of the Board or by any defect in the appointment or qualification of any member thereof.
Voting
13
Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of votes the chairman shall have a second or casting vote.
Minutes of the proceedings of the Board
14
Minutes of the proceedings at every meeting of the Board and a record of the attendance of members of such meeting shall be kept.
Reports
15
1
The Board shall submit to the Secretary of State in each year a report of the Board’s proceedings since the end of the period to which the last report submitted by the Board related.
2
The Board shall furnish the Secretary of State with such information relating to the exercise of its functions as the Secretary of State may require.
Transitional provisions
16
Where before the coming into force of these Regulations a person was appointed a member then, subject to regulations 8 and 9, he shall continue to be a member until the expiry of the period for which he was appointed.
Arrangements for general dental services
17
The provisions of these Regulations shall be treated as included in the provisions as to the arrangement to be made under section 25 of the Act which are made by the National Health Service (General Dental Services) (Scotland) Regulations 1996.
Revocations
18
The Regulations specified in column (1) of the Schedule are hereby revoked to the extent specified in column (3) of that Schedule.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
27th January 1997


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Pilot Schemes: Financial Assistance for Preparatory Work) Amendment Regulations 1997 and shall come into force on 8th January 1998.
Amendment of the National Health Service (Pilot Schemes: Financial Assistance for Preparatory Work) Regulations 1997
2
1
The National Health Service (Pilot Schemes: Financial Assistance for Preparatory Work) Regulations 1997 shall be amended in accordance with the provisions of this regulation.
2
In regulation 2 (provision of financial assistance) —
a
for the heading, substitute “Provision of financial assistance to prepare proposals (personal medical services)”;
b
in paragraph (1), omit the words in brackets, and after the words “in connection with”, insert “preparing proposals for”;
c
in paragraph (3), after the words “application for financial assistance”, insert “under paragraph (2)”; and
d
after paragraph (4), add —
5
where two or more persons have together applied for financial assistance, payment may be made to any one of them on behalf of them all; but otherwise in such a case “the applicant” means all of them together.
.
3
In regulation 3 (conditions) —
a
in the heading, after the word “Conditions”, add “on payments of financial assistance to prepare proposals (personal medical services)”;
b
in paragraph (1), for the words “these Regulations”, substitute “regulation 2(1)”; and
c
in paragraph (2), after the words “assistance is made”, insert “under regulation 2(1)”.
4
After regulation 3, add —
Provision of financial assistance to prepare for the provision of piloted services (personal medical services)
4
1
An authority may make payments of financial assistance for preparatory work within the meaning of section 18(2)(b) of the Act in connection with preparing for the provision of piloted personal medical services.
2
Subject to the provisions of this regulation, such payments may be made to any person named as a proposed provider of piloted services in proposals for the pilot scheme which have been approved by the Secretary of State under section 5 of the Act or, if proposals approved by the Secretary of State have been varied with the agreement of the Secretary of State or, as the case may be, in a manner authorised by directions given by the Secretary of State under section 6 of the Act, in the proposals as so varied (such proposals being referred to below in this regulation as “the relevant proposals”)
3
Payments of financial assistance may be made under paragraph (1) only if —
a
the authority has received a written application from the person to whom the payment is to be made (“the applicant”), which specifies the purposes for which he intends to use the payment of financial assistance for which he has applied;
b
the authority has notified the applicant in writing that it is willing to make a payment of financial assistance to him for the purposes so specified, and of the maximum amount of the payment which it is willing to make; and
c
the applicant has satisfied the authority that —
i
he has incurred costs which are not less than the amount of the payment of financial assistance, and
ii
those costs were incurred before the relevant date, for the purposes specified in his application.
4
Where two or more persons have together applied for financial assistance, payment may be made to any one of them on behalf of them all; but otherwise in such a case “the applicant” means all of them together.
5
Subject to any directions given by the Secretary of State under section 6(1) of the Act as to implementation of proposals —
a
if the relevant proposals do not specify the date by which those proposals are to be implemented, an authority may give notification to an applicant under paragraph (3)(c) only if it has agreed with him the date by which the proposals are to be implemented; but
b
where an authority and the applicant have agreed a date by which the relevant proposals are to be implemented, they may, at any time before that date, agree a different date as the date by which the proposals are to be implemented, in substitution for that date.
6
In this regulation and in regulation 5(1) “the relevant date” means whichever of the dates mentioned in sub-paragraphs (a) to (c) occurs first —
a
the date on which the relevant proposals are implemented,
b
the date on which the authority receives notification from an applicant to whom it has given notification under paragraph (3)(c) in respect of the relevant proposals that he wishes to withdraw before those proposals are implemented , or
c
the date specified in the relevant proposals or, as the case may be, for the time being agreed under paragraph (5) as the date by which the proposals are to be implemented.
Conditions on payments of financial assistance to prepare for the provision of piloted services (personal medical services)
5
1
Notwithstanding that the applicant has satisfied the authority as mentioned in regulation 4(3)(d), the authority shall upon making a payment of financial assistance under regulation 4(1) also require all the costs in respect of which the payment was made to have been incurred before the relevant date and for the purposes specified in the application for that payment.
2
A person receiving such a payment shall comply with any conditions which the authority may impose in writing in connection with that requirement.
3
A person to whom a payment of financial assistance is made who fails to comply with any of the conditions imposed by the authority shall, on demand by the authority, repay the amount of the payment forthwith.
Provision of financial assistance to prepare proposals (personal dental services)
6
1
An authority may make payments of financial assistance for preparatory work within the meaning of section 18(2)(a) of the Act in connection with preparing proposals for a pilot scheme under which personal dental services are to be provided.
2
Subject to the provisions of this regulation, such payments may be made only following receipt by the authority of a written application from a person (“the applicant”) —
a
who wishes to provide piloted services; and
b
with whom an agreement which constitutes, or is part of, a pilot scheme under which personal dental services are to be provided may be made .
3
Payments of financial assistance may be made under paragraph (1) only if —
a
the applicant’s application specifies the purposes for which he intends to use the payment of financial assistance for which he has applied;
b
the authority has notified the applicant in writing that it is willing to make a payment of financial assistance to him for the purposes so specified, and of the maximum amount of the payment which it is willing to make;
c
subject to paragraph (5), the applicant has specified the date by which he intends the authority to submit the proposals in question to the Secretary of State; and
d
the applicant has satisfied the authority that —
i
he has incurred costs which are not less than the amount of the payment of financial assistance, and
ii
the costs were incurred before any date referred to in sub-paragraph (c) (being, where an application has been amended under paragraph (5) the date specified for the purposes of that sub-paragraph by virtue of that amendment).
4
Where two or more persons have together applied for financial assistance, payment may be made to any one of them on behalf of them all; but otherwise in such a case “the applicant” means all of them together.
5
Where the Secretary of State has in directions to the authority specified the date (or a number of dates) by which proposals are to be submitted to him, and the authority receives an application which for the purposes of paragraph (3)(c) specifies a different date, the authority must —
a
notify the applicant of all dates specified in the directions which have not yet passed; and
b
invite the applicant to amend the application so as to specify one of those dates for the purposes of paragraph (3)(c) (being a date which has not yet passed at the time of the amendment);
and until the application is so amended it shall be treated as not having been made.
Conditions on payments of financial assistance to prepare proposals (personal dental services)
7
1
Notwithstanding that the applicant has satisfied the authority as mentioned in regulation 6(3)(d), the authority shall upon making a payment of financial assistance under regulation 6(1) also require all the costs in respect of which the payment was made to have been incurred before the date referred to in regulation 6(3)(d)(ii) and for the purposes specified in the application for that payment.
2
A person receiving such a payment shall comply with any conditions which the authority may impose in writing in connection with that requirement.
3
A person to whom a payment of financial assistance is made who fails to comply with any of the conditions imposed by the authority shall, on demand by the authority, repay the amount of the payment forthwith.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
18th December 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1997 and shall come into force —
a
except for the purposes of regulation 6(2)(a), on 1st April 1997; and
b
for the purposes of regulation 6(2)(a), on 7th April 1997 immediately after the coming into force of regulation 2 of the Income-related Benefits and Jobseeker’s Allowance (Personal Allowances for Children and Young Persons) (Amendment) Regulations 1996 in so far as it amends provisions relating to income support and jobseeker’s allowance.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation) —
a
after the definition of “family credit” there shall be inserted the following definition: —
“full rate” means the rate determined under section 26(2) of the National Assistance Act 1948 ;
;
b
after the definition of “ NHS trust” there shall be inserted the following definition: —
“nursing home” has the meaning assigned to it by regulation 19(3) of the Income Support (General) Regulations 1987 ;
;
c
after the definitions of “relevant charges” and “relevant travelling expenses” there shall be inserted the following definitions: —
“residential care home” has the meaning assigned to it by regulation 19(3) of the Income Support (General) Regulations 1987 ;
“standard rate” means the standard rate fixed in accordance with section 22(2) of the National Assistance Act 1948 ;
.
Amendment of regulation 4 of the principal Regulations
3
At the end of regulation 4 of the principal Regulations (description of persons entitled to full remission and payment) there shall be added —
or
m
a person who lives permanently in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948 (provision of accommodation) , and who has satisfied the authority that he is unable to pay for that accommodation at the standard rate or, as the case may be, the full rate, and for the purposes of this paragraph a person lives permanently in such accommodation if it is his principal place of abode.
.
Amendment of regulation 7 of the principal Regulations
4
For paragraph (1) of regulation 7 of the principal Regulations (claims for remission or payment) there shall be substituted —
1
Subject to paragraph (1A), a person who falls within sub-paragraph (a) or (b) below and who wishes to claim his entitlement under regulation 3(1) or 5(1) (full or partial remission of relevant charges or payment of relevant travelling expenses) shall, if he is a person —
a
within a description prescribed by regulation 4(aa), (bb), (k) or (l), make a claim to the Secretary of State in writing; or
b
within a description prescribed by regulation 4(e), (f) or (m), or 5(1), make a claim to the Secretary of State on a form provided by or on behalf of the Secretary of State for that purpose,
and shall send or deliver that claim in writing or, as the case may be, that form, to an appropriate office or to the Secretary of State.
.
Amendment of Schedule 1 to the principal Regulations
5
1
Table A of Part I of Schedule 1 to the principal Regulations (modification of provisions of the Income Support (General) Regulations 1987 ) shall be amended in accordance with the following provisions of this regulation.
2
The following entries shall be inserted in the appropriate places —
a
in column (1) “regulations 62(3A), 63(2), and 64(1)(c)”, and
b
in column (2) opposite the entry referred to in sub-paragraph (a) above “As if the words “or, if there are 53 benefit weeks (including part-weeks) in the year, 53” were omitted.”.
3
In the corresponding entries in column (2) relating to the entry “Schedule 8” in column (1) there shall be inserted in the appropriate places the following entries —
a
As if in paragraph 4(2) after the words “disability premium” the words “or higher pensioner premium” were inserted.
;
b
As if sub-paragraphs (3), (4), (5), (6) and (7) of paragraph 4 were omitted.
;
c
As if in paragraph 5 after the words “or but for the” the word “higher” were inserted.
;
d
As if in paragraph 8 the words “part time” were omitted.
; and
e
As if paragraph 16 were omitted.
.
Further amendments of Schedule 1 to the principal Regulations
6
1
Table B of Part II of Schedule 1 to the principal Regulations (further modification of provisions in the Income Support (General) Regulations 1987) shall be amended in accordance with the following provisions of this regulation.
2
In the corresponding entries in column (2) relating to the entry “Schedule 2” in column (1) there shall be inserted in the appropriate places the following entries —
a
As if in paragraph 2 —
a
in sub-paragraph (1) the words “for the relevant period specified in column (1)” were omitted;
b
for column (1) there were substituted —
Person aged —
less than 11;
not less than 11 but less than 16;
not less than 16 but less than 19
;
c
sub-paragraph (2) were omitted.
;
b
As if paragraph 9 were omitted.
;
c
As if paragraph 9A were omitted.
;
d
As if for paragraph 10 there were substituted —
10
1
Where the claimant is a single claimant or a lone parent, the condition is that he is aged not less than 60;
2
Where the claimant has a partner, the condition is that he or his partner is aged not less than 60.
.
;
e
As if for sub-paragraph (b) of paragraph 11 the following sub-paragraph were substituted —
b
where the claimant has a partner and both are aged less than 60 and the additional condition specified in paragraph 12 is satisfied by at least one of them.
.
;
f
As if in paragraph 12 sub-paragraphs (1)(c) and (4) were omitted.
; and
g
As if in paragraph 15 sub-paragraphs (2) and (2A) were omitted.
.
3
In the corresponding entries in column (2) relating to the entry “Schedule 3” in column (1), at the end of the entry which relates to paragraph 1 there shall be added the following entry —
c
for sub-paragraph (3) the following sub-paragraph were substituted —
3
For the purposes of this Schedule a disabled person is a person —
a
i
who satisfies a condition specified in paragraph 12(1)(a) or (b) of Schedule 2; and
ii
whose capital does not exceed the capital limit; or
b
i
who is aged 75 or over; and
ii
whose capital does not exceed the capital limit; or
c
in respect of whom a disabled child premium is included in his applicable amount or the applicable amount of a person living with him.
.
Amendment of Schedule 1A to the principal Regulations
7
After paragraph 8 of Schedule 1A to the principal Regulations (periods of validity of notices of entitlement) there shall be added the following paragraph: —
9
A person who lives in a residential care home or nursing home or in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948 (provision of accommodation).
12 months from the date of claim.
.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
11th March 1997


text:
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice No. 4) Order 1997 and shall come into force on 15th May 1997.
2
The revised code of practice laid in draft before Parliament on 5th March 1997 in connection with the matters referred to in section 66(a) of the Police and Criminal Evidence Act 1984 shall come into operation on 15th May 1997.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
10th March 1997