text:
Title, commencement and interpretation
1
1
This Order may be cited as the Mackerel (Specified Sea Areas) (Prohibition of Fishing) Order 1997 and shall come into force on 17th December 1997.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels as amended ;
“sea area” means a statistical division or sub-area of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and Exception
2
1
Subject to paragraph (2) below, fishing —
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits
for mackerel ( Scomber scombrus ) in sea areas ICES Statistical Sub-Areas VI , VII , XII and XIV and ICES Statistical Divisions Vb and VIIIa, b, d and e is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1998.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat when used for the purpose of conveying persons wishing to fish for pleasure.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom; and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
16th December 1997
Sewel
Parliamentary Under-Secretary of State, Scottish Office
16th December 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
12th December 1997
Dubs
Parliamentary Under-Secretary of Statefor Northern Ireland
15th December 1997


type: legislation

jurisdiction: UK

text:
Citation, commencement and effect
1
These Regulations may be cited as the Stamp Duty Reserve Tax (Amendment) Regulations 1997, shall come into force on 20th October 1997, and shall have effect with respect to any relevant transaction entered into on or after that date.
Interpretation
2
In these Regulations —
“the Management Act ” means the Taxes Management Act 1970 ;
“the principal Regulations ” means the Stamp Duty Reserve Tax Regulations 1986 ;
“regulation” means a regulation of the principal Regulations;
“relevant transaction” has the meaning given by regulation 2 of the principal Regulations;
“the Schedule” means the Schedule to the principal Regulations.
Amendments to the principal Regulations (other than the Schedule)
3
In regulation 2 —
a
for the definition of “accountable date” there shall be substituted the following definition —
“accountable date” means —
in relation to a relevant transaction —
in connection with which securities are transferred by means of a relevant system operated by the operator of that system, or
which is reported by means of a relevant system to a recognised self-regulating organisation, a recognised professional body or an exchange by the operator of that system in a case where the securities to which the transaction relates are not transferred by means of a relevant system, or
which is reported, otherwise than by means of a relevant system, to an exchange, in a case where the securities to which the transaction relates are not transferred by means of a relevant system,
the date agreed between the Board and the operator or, if no such date is agreed, the date which is the fourteenth day following the date of the relevant transaction,
in relation to interest on overdue tax arising in connection with a relevant transaction which, by virtue of a party to that transaction being a participant in a relevant system, or a member of an exchange, could have been, but was not, reported to a recognised self-regulating organisation, a recognised professional body or an exchange by means of that system, or to an exchange otherwise than by means of a relevant system, the date which is the fourteenth day following the date of the relevant transaction, and
in relation to a relevant transaction to which neither paragraph (a) nor paragraph (b) applies, the date which is the seventh day of the month following the month in which the charge to tax occasioned by the relevant transaction is incurred;
;
b
for sub-paragraphs (i) and (ii) of paragraph (a) of the definition of “accountable person” there shall be substituted the following sub-paragraphs —
i
if the person mentioned as B in section 87(1) is a member of an exchange, or if a member of an exchange is acting as an agent for B who is not such a member, that member, and failing that
ii
if the person mentioned as A in section 87(1) is a member of an exchange, or if a member of an exchange is acting as an agent for A who is not such a member, that member, and failing that
;
c
after the definition of “barrister” there shall be inserted the following definitions —
“the Board” means the Commissioners of Inland Revenue;
“ EEA regulated market” means a market of a kind described in paragraphs (a) and (b) of article 2 of the Financial Services Act 1986 (EEA Regulated Markets) (Exemption) Order 1995 ;
“exchange” means —
a recognised investment exchange within the meaning given by section 207(1) of the Financial Services Act 1986 , or
an EEA regulated market;
;
d
the definitions of “broker and dealer” and “market maker” shall be omitted;
e
after the definition of “notice” there shall be inserted the following definition —
“operator” means —
a person approved by the Treasury under the Treasury Regulations as Operator of a relevant system;
subject to paragraph (c), where a relevant transaction is reported to an exchange otherwise than by means of a relevant system, the operator of that exchange or, if there is no such operator, that exchange;
where a relevant transaction is reported to more than one exchange otherwise than by means of a relevant system, the operator of the exchange of which the party who is the accountable person in relation to that transaction is a member or, if there is no such operator, that exchange;
;
f
in the definition of “qualified dealer” —
i
for the words “market maker or broker and dealer” there shall be substituted the words “member of an exchange”;
ii
for paragraph (c) there shall be substituted —
c
is authorised under a legislative provision of the government of a territory outside the United Kingdom to carry on investment business, or
d
while not required to be authorised to do so, carries on investment business;
;
g
after the definition of “qualified dealer” there shall be inserted the following definitions —
“recognised professional body” and “recognised self-regulating organisation” have the meanings given by section 207(1) of the Financial Services Act 1986;
“relevant system” has the meaning given by regulation 2(1) of the Treasury Regulations;
;
h
after the definition of “tax” there shall be added the following definition —
“the Treasury Regulations ” means the Uncertificated Securities Regulations 1995 .
4
In regulation 4(1) after the word “where” there shall be inserted the words “the tax in question has been accounted for by the operator under regulation 4A or where”.
5
After regulation 4 there shall be inserted the following regulation —
4A
1
An operator, except where different arrangements are authorised in writing by the Board, shall on or before the accountable date —
a
give notice to the Board of each charge to tax arising —
i
in respect of a relevant transaction in connection with which securities are transferred by means of a relevant system operated by him, or
ii
in respect of a relevant transaction that is reported to a recognised self-regulating organisation, a recognised professional body or an exchange by means of a relevant system operated by him, or
iii
in respect of a relevant transaction that is reported otherwise than by means of a relevant system to an exchange in relation to which he is the operator, or (as the case may be) which itself is the operator, in a case where the securities to which the transaction relates are not transferred by means of a relevant system, and
b
pay the tax due.
2
A notice under this regulation shall be in such form as the Board may prescribe or authorise and shall contain such information as they may reasonably require for the purposes of the Act.
3
The Board may, by notification in writing to an operator, impose such requirements, conditions or procedures as they consider necessary for the purposes of these Regulations.
6
In regulation 6 —
a
in paragraph (1) after the words “accountable person” there shall be inserted the words “or, having regard to regulation 4A(1), the operator”;
b
in paragraph (4)(a) after the words “regulation 4” there shall be inserted the words “or 4A”.
7
In regulation 7 —
a
after the words “accountable person” there shall be inserted the words “or an operator”;
b
after the words “regulation 4” there shall be inserted the words “or 4A”.
8
In regulation 8 , paragraphs (4A) and 4B), where they secondly occur, shall be renumbered as paragraphs (4C) and (4D) respectively of that regulation.
9
In regulation 13 —
a
in paragraph (1) there shall be added at the end the words “or 4A”;
b
in paragraph (2) after the words “regulation 4” there shall be inserted the words “or 4A”.
10
In regulation 15(1) —
a
after the words “accountable person” there shall be inserted the words “or operator”;
b
after the word “whenever” there shall be inserted the words “and wherever”.
Amendments to Part I of the Schedule
11
1
The Table in Part I of the Schedule (which applies the provisions of the Management Act specified in the first column of that Table subject to any modification specified in the second column of that Table) shall be amended as follows.
2
For the entry relating to section 25(4) there shall be substituted the following entry —
4
For the words “stock exchange in the United Kingdom, other than a market maker,” substitute “recognised investment exchange or a market of the kind described in paragraphs (a) and (b) of article 2 of the Financial Services Act 1986 (EEA Regulated Markets) (Exemption) Order 1995 (“EEA regulated market”)”.
3
In the entry to section 25(5) for the words ““The Stock Exchange”” there shall be substituted the words ““a recognised investment exchange or an EEA regulated market””.
4
For the entries relating to section 93 there shall be substituted the following entries —
93
1
For the words “where” to “with the notice” substitute “where any person (the taxpayer) fails to give a notice which he is required to give under regulation 4 or 4A of the Stamp Duty Reserve Tax Regulations 1986”.
2
—
3
Omit the words “General or”.
5
For the words “to (4)” substitute “and (3)”; and for the words from “if” to the end substitute “if the failure by the taxpayer to give the notice continues after the end of a period of one year beginning on the last day on which the notice should have been given, he shall be liable to a penalty of an amount not exceeding the amount of the tax which he should have paid by the date by which he should have given the notice”.
6
— .
5
For the entry relating to section 95(1) there shall be substituted the following entry —
95
1
In paragraph (a) for the word “delivers” substitute “gives”; and for the words from “return” to “Act)” substitute “notice under regulation 4 or 4A of the Stamp Duty Reserve Tax Regulations 1986”; in paragraph (b) omit the word “return,”; for the words “in connection with” substitute “in, or in connection with,”; omit the words “for any allowance, deduction or relief”; and for the words “income tax or capital gains” substitute “stamp duty reserve”; omit paragraph (c) and the word “or” immediately preceding it.
6
In the entry relating to section 98 for the words “regulation 4” there shall be substituted the words “regulations 4 and 4A”.
7
In the entry relating to section 99 after the words “regulation 4” there shall be inserted the words “or 4A”.
Amendments to Part II of the Schedule
12
1
Part II of the Schedule (which restates the provisions of the Management Act specified in Part I of the Schedule as modified where appropriate) shall be amended as follows.
2
For subsections (4) and (5) of section 25 (as modified) there shall be substituted the following subsections —
4
A member of a recognised investment exchange or a market of the kind described in paragraphs (a) and (b) of article 2 of the Financial Services Act 1986 (EEA Regulated Markets) (Exemption) Order 1995 (“EEA regulated market”) may be required to make a return giving particulars of any transactions effected by him in the course of his business in the period specified in the notice requiring the return and giving particulars of —
a
the parties to the transactions,
b
the number or amount of the shares or securities dealt with in the respective transactions, and
c
the amount or value of the consideration.
5
A person (other than a member of a recognised investment exchange or an EEA regulated market) who acts as an agent or broker in the United Kingdom in transactions in shares or securities may be required to make a return giving particulars of any such transactions effected by him in the period specified in the notice, and giving particulars of —
a
the parties to the transactions,
b
the number or amount of the shares or securities dealt with in the respective transactions, and
c
the amount or value of the consideration.
3
For section 93 (as modified) there shall be substituted the following section —
93
—
1
This section applies where any person (the taxpayer) fails to give a notice which he is required to give under regulation 4 or 4A of the Stamp Duty Reserve Tax Regulations 1986.
2
The taxpayer shall be liable to a penalty which shall be £100.
3
If, on an application made to them by an officer of the Board, the Special Commissioners so direct, the taxpayer shall be liable to a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which he is notified of the direction (but excluding any day for which a penalty under this subsection has already been imposed).
5
Without prejudice to any penalties under subsections (2) and (3) above, if the failure by the taxpayer to give the notice continues after the end of a period of one year beginning on the last day on which the notice should have been given, he shall be liable to a penalty of an amount not exceeding the amount of the tax which he should have paid by the date by which he should have given the notice.
6
No penalty shall be imposed under subsection (3) above in respect of a failure at any time after the failure has been remedied.
Failure to give notice for stamp duty reserve tax.
4
For subsection (1) of section 95 (as modified) there shall be substituted the following subsection —
1
Where a person fraudulently or negligently —
a
gives any incorrect notice under regulation 4 or 4A of the Stamp Duty Reserve Tax Regulations 1986, or
b
makes any incorrect statement or declaration in, or in connection with, any claim in respect of stamp duty reserve tax,
he shall be liable to a penalty not exceeding the amount of the difference specified in subsection (2) below.
5
In the Table in section 98 (as modified) for the words “regulation 4” there shall be substituted the words “regulations 4 and 4A”.
6
In section 99 (as modified) after the words “regulation 4” there shall be inserted the words “or 4A”.
Jim Dowd
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
8th October 1997


text:
Citation and commencement
1
These Regulations may be cited as the Education (School Performance Information) (England) (Amendment) Regulations 1997 and shall come into force on 17th September 1997.
Amendment
2
1
The Education (School Performance Information) (England) Regulations 1996 shall be amended as follows.
2
In regulation 2(1), there shall be inserted after the definition of “ GCSE ” the following definition —
“ GNVQ ” means a General National Vocational Qualification;
.
3
After paragraph 2 in Schedule 3 there shall be inserted the following paragraph —
2A
1
In the case of any pupil referred to in paragraph 1 who, during the reporting school year or any of the school years preceding that year, was registered for or studying towards any of the qualifications listed in sub-paragraph (2) below —
a
whether he achieved the qualification for which he was registered or studying towards;
b
the subjects taken; and
c
in the case of the qualifications listed in sub-paragraph (2)(a) and (d) below, whether the qualification was at Intermediate level or Foundation level.
2
The qualifications for the purposes of sub-paragraph (1) above are as follows —
a
a Part One GNVQ;
b
an Intermediate GNVQ;
c
a Foundation GNVQ; or
d
a GNVQ Language Unit
awarded by the EDEXCEL Foundation, the City and Guilds of London Institute or the Royal Society of Arts Examination Board and approved by the Secretary of State under section 400 of the 1996 Act.
.
4
In paragraph 3(a) of Schedule 3 there shall be substituted for “a General National Vocational Qualification, or units of such a qualification” the words “units of a GNVQ referred to in paragraph 2A(2)(a) to (c)”.
5
After paragraph 4 in Schedule 3 there shall be inserted the following paragraphs —
4A
In the case of each registered pupil aged 15 who was entered for one or more GCSE during the reporting school year or any of the school years preceding that year, the pupil’s gender and any one of the following —
a
his surname and initial or initials;
b
his surname and first name or names; or
c
a number or letter (or numbers or letters) or any combination of these, enabling the identity of the pupil to be ascertained by use of the appropriate key .
4B
In the case of each such pupil as is referred to in paragraph 4A, the following information —
a
the GCSE subjects taken and the grades achieved;
b
the school year in which he was entered for each subject and the name of the body awarding grades in the GCSE subjects in question.
4C
In the case of each registered pupil aged 15 who, during the reporting school year or any of the school years preceding that year, achieved —
a
a Part One GNVQ;
b
an Intermediate GNVQ;
c
a Foundation GNVQ; or
d
a GNVQ Language Unit,
the pupil’s gender and any one of the following —
i
his surname and initial or initials;
ii
his surname and first name or names; or
iii
a number or letter (or numbers or letters) or any combination of these, enabling the identity of the pupil to be ascertained by use of the appropriate key.
4D
In the case of each such pupil as is referred to in paragraph 4C, the following information —
a
the GNVQ subjects for which the pupil was registered for or studying towards and the name of the awarding body;
b
in the case of a Part One GNVQ and a GNVQ Language Unit, whether the qualification was at Intermediate level or Foundation level.
.
6
After paragraph 9 in Schedule 3 there shall be inserted the following paragraphs —
10
In the case of each registered pupil aged 16, 17 or 18 who, during the reporting school year, was entered for one or more GCE ‘A’ level examination or GCE ‘AS’ examination, the pupil’s gender and any one of the following —
i
his surname and initial or initials;
ii
his surname and first name or names; or
iii
a number or letter (or numbers or letters) or any combination of these, enabling the identity of the pupil to be ascertained by use of the appropriate key.
11
In the case of each such pupil as is referred to in paragraph 10, the following information —
a
the subjects taken and whether as GCE ‘A’ level examinations or GCE ‘AS’ examinations and the grades achieved;
b
the name of the body awarding grades in the GCE ‘A’ level examinations or GCE ‘AS’ examinations in question.
.
Alan Howarth
Parliamentary Under-Secretary of State,
Department for Education and Employment
26th August 1997


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the General Medical Council (Legal Assessors) (Amendment) Rules 1997 and shall come into force on 1st September 1997.
2
In these Rules:–
a
“the 1980 Rules ” means the General Medical Council (Legal Assessors) Rules 1980 ; and
b
unless the context otherwise requires, a rule referred to by number alone means the rule so numbered in the 1980 Rules.
Amendments to the 1980 Rules
2
In rule 1(2), after the words “the Professional Conduct Committee,”, there shall be inserted the words “the Assessment Referral Committee, the Committee on Professional Performance,”.
3
In rules 4 and 5, after the words “the Professional Conduct Committee” where they appear in each rule, there shall be inserted the words “, the Assessment Referral Committee, the Committee on Professional Performance”.
Irvine of Lairg, C.
28th July 1997
Hardie
29th July 1997


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment) Order 1997 and shall come into force on 7th March 1997.
2
1
In article 3 of the Export of Goods (Control) Order 1994 there shall be inserted in paragraphs (c)(i) and (d)(i), in each case after the word “exported”, the words:
(except to a destination in Iran, Iraq or Libya or in a country specified in Schedule 3 hereto)
.
2
At the end of paragraph (c) of the said article 3 there shall be added the following subparagraph:
iii
any aircraft the immediately preceding importation of which was on a scheduled journey and which is intended for further scheduled journeys;
.
3
For the list of countries in Schedule 3 to the said Order of 1994 there shall be substituted the following list:
Afghanistan
Angola
Argentina
Armenia
Azerbaijan
Bosnia-Herzegovina
Burma (Myanmar)
Burundi
China (People’s Republic)
Croatia
Liberia
Nigeria
Rwanda
Somalia
Sudan
Tanzania
Uganda
Yugoslavia (Federal Republic of)
Zaire.
Anthony Nelson
Minister for Trade
Department of Trade and Industry
13th February 1997


text:
1
This Order may be cited as the Protection from Harassment Act 1997 (Commencement) (No. 2) Order 1997.
2
Sections 3(1) and (2) and 6 of the Protection from Harassment Act 1997 shall come into force on 16th June 1997.
Irvine of Lairg, C.
Dated 10th June 1997


text:
Title and commencement
1
This Scheme may be cited as the Fishing Vessels (Decommissioning) Scheme 1997 and shall come into force on 6th August 1997.
Interpretation
2
1
In this Scheme, unless the context otherwise requires —
“ the Act ” means the Fisheries Act 1981;
“application” means an application for grant and “applicant” shall be construed accordingly;
“the appropriate closing date” has the meaning assigned to it in paragraph 4(3);
“the appropriate decommissioning date” has the meaning assigned to it in paragraph 7(3);
“authorised officer” means any officer authorised in writing by the Ministers for the purposes of this Scheme;
“breadth”, in relation to a vessel, means the breadth calculated and measured in accordance with the rules specified in Article 3 of Council Regulation ( EEC ) No. 2930/86 defining characteristics for vessels as amended ;
“capacity units”, in relation to a vessel, means —
( L × B ) + ( 0.45 × P )
where:
L is the length of the vessel,
B is the breadth of the vessel, and
P is the engine power of the vessel expressed in kilowatts;
“ the Commission ” means the Commission of the European Communities;
“the Community waters” means the sea falling under the sovereignty or within the jurisdiction of the member States;
“day” means all or any part of a period of 24 consecutive hours beginning at midnight;
“decommissioning” has the meaning assigned to it in paragraph 8(4) and “decommission”, “decommissioned” and “decommissioning grant” shall be construed accordingly;
“E.C. Treaty” means the Treaty establishing the European Community;
“fishing trips” means time spent by a vessel —
engaged in fishing for profit;
steaming between port and fishing ground and between one fishing ground and another,
and for this purpose “fishing for profit” means fishing with a view to securing a financial return deriving from sale of the sea fish landed;
“grant” means decommissioning grant under this Scheme;
“length”, in relation to a vessel, except in the case of paragraph 3(1)(e), means the length calculated and measured in accordance with the rules specified in Article 2(1) of Council Regulation (EEC) No. 2930/86 ;
“the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fish industry in Scotland, Wales and Northern Ireland;
“the register” means the register of vessels established under section 8 of the Merchant Shipping Act 1995 and references to “registered” shall be construed accordingly;
“relevant conditions” means any conditions relating to the approval of an application which have been notified to the applicant under paragraph 6(3)(b);
“sea fish” has the same meaning as in Part II of the Act .
2
Any reference in this Scheme to a numbered paragraph shall, unless the context otherwise requires, be construed as a reference to the paragraph bearing that number in this Scheme.
3
Any payment of grant made under this Scheme by the Ministers may be made by any of them and any reference in this Scheme to such a payment shall be construed accordingly.
Decommissioning grants
3
1
Any person who owns a registered vessel —
a
which is over 10 metres in length,
b
in respect of which there is a licence to which sub-paragraph (2) below applies,
c
which whilst registered as a United Kingdom vessel has, during each of the calendar years 1995 and 1996, spent at least the appropriate number of days at sea on fishing trips,
d
which is at least 10 years old at the date of the application, and
e
which, in the case of a vessel over 12 metres in registered length had, on the date of application, either a valid vessel certificate under the provisions of the Fishing Vessels (Safety Provisions) Rules 1975 or a letter confirming the completion of a satisfactory survey issued by the Secretary of State for Transport,
may make an application to the Ministers in respect of that vessel.
2
This sub-paragraph applies to the following classes of Category A licences:
a
Category A;
b
Category A (Purser);
c
Category A (Freezer);
d
Category A (Moratorium).
3
The Ministers shall publish a notice specifying the appropriate number of days in such manner as they consider appropriate.
4
Notwithstanding sub-paragraph (1) above, the Ministers may reject an application in respect of a vessel which in their opinion is not fit for undertaking fishing trips.
5
Notwithstanding sub-paragraph (1) above, no person may make an application in respect of any fishing vessel in respect of which an application was approved by the Ministers under the Fishing Vessels (Decommissioning) Scheme 1996 but which was not decommissioned in accordance with that scheme.
6
Notwithstanding sub-paragraph (1) above, no person may make an application in respect of any fishing vessel which between 1st January and 31st December 1996 spent more days at sea on nephrops fishing trips than on any other fishing trips.
7
In this paragraph —
“the appropriate number of days” means such number of days as the Ministers may from time to time determine;
“licence” means one or more licences granted in respect of a vessel under section 4 of the Sea Fish (Conservation) Act 1967 ;
“nephrops fishing trip” means any day on which the catch landed by the fishing vessel consisted of at least 30% nephrops ( Nephrops norvegicus ) and not more than 60% of other species listed in Annex II to Council Regulation ( EC ) No. 894/97 .
Applications
4
1
The Ministers may from time to time invite applications.
2
Without prejudice to the other provisions of this Scheme, an application must be lodged with the Ministers on or before the appropriate closing date in order to be considered for approval under this Scheme.
3
In this Scheme “the appropriate closing date” means such date as the Ministers may from time to time determine.
4
The Ministers shall publish in such manner as they consider appropriate a notice inviting applications and specifying the appropriate closing date.
5
An application made in pursuance of a notice published under sub-paragraph (4) above shall be in writing, shall be made in such form and manner, shall include such information and undertakings and shall be delivered to such address as the Ministers may specify in the notice or from time to time require.
6
An applicant shall furnish all such further information relating to the application as the Ministers may specify in the notice or from time to time require.
7
An application shall be in respect of one vessel only and shall include a bid stating the amount of grant for which the applicant offers to —
a
decommission the vessel,
b
surrender all licences and claims to licences in respect of the vessel in accordance with the requirements of paragraph 9(1)(a), and
c
remove the vessel from the register.
8
No more than one application in pursuance of a notice published under sub-paragraph (4) above may be made in respect of any vessel.
9
The foregoing provisions of this paragraph shall apply in respect of any subsequent notices inviting applications.
10
Where an application in respect of a vessel has been approved by the Ministers under paragraph 6, no further application may be made in respect of that vessel.
Consideration of applications
5
1
As soon as reasonably practicable after the appropriate closing date the Ministers shall —
a
identify those applications made in pursuance of that notice which satisfy the foregoing provisions of this Scheme,
b
divide the bid included in each such application by the number of capacity units of the vessel concerned, and
c
place each such application in rank according to the result of the calculation referred to in sub-paragraph (b) above.
2
The Ministers may reject any application if they consider the application to be unreasonable, unnecessary or unwarranted.
3
In exercising their powers under sub-paragraph (2) above the Ministers may have regard to —
a
the benefit likely to be derived from, and value for money represented by, the bid;
b
the extent to which approval of the application would contribute towards fulfilment of the obligations of the United Kingdom deriving from:
i
Commission Decision 92/593/EEC on a multiannual guidance programme for the fishing fleet of United Kingdom for the period 1993 to 1996 pursuant to Council Regulation (EEC) No. 4028/86 , as read with Council Decision 94/15/EC relating to the objectives and detailed rules for restructuring the Community fisheries sector over the period 1st January 1994 to 31st December 1996 with a view to achieving a lasting balance between the resources and their exploitation ;
ii
Council Decision 97/413/EC relating to the objectives and detailed rules for restructuring the Community fisheries sector over the period 1st January 1997 to 31st December 2001 with a view to achieving a lasting balance between the resources and their exploitation ;
c
the amount of money available for this Scheme.
4
The Ministers shall reject any application if, as regards the measures to which the application relates, the Commission decides that this Scheme is, or any measures undertaken, or to be undertaken, under this Scheme, are, not compatible with the common market having regard to Article 92 of the E.C. Treaty.
5
The Ministers may reject any application if they have reasonable grounds for suspecting that there has been any fixing or adjustment of the amount of a bid by, under or in accordance with any agreement (whether legally binding or not) or arrangement with another person.
6
Subject to sub-paragraphs (2) to (5) above and sub-paragraph (7) below, the Ministers shall select applications for approval by proceeding through the rank referred to in sub-paragraph (1)(c) above from the application incorporating the lowest amount bid per capacity unit towards the application incorporating the highest amount bid per capacity unit until the maximum amount of money allocated for the Scheme is reached.
7
Where as a result of the procedure referred to in sub-paragraph (6) above there are two or more identical bids per capacity unit which are higher than the amount of any other bid which has been selected for approval, and there is insufficient money to meet all of them, in deciding which bid or bids to accept the Ministers may take into account the number of days at sea spent on fishing trips by each of the vessels concerned during the calendar years 1995 and 1996, as recorded in the vessel’s logbook, with a view to giving preference to vessels that spent more days at sea in those years.
Approval of applications
6
1
The Ministers shall approve any application which they have selected for approval under paragraph 5.
2
Subject to the provisions of this Scheme, the Ministers may at any time —
a
determine conditions to which an approval given under this paragraph shall be subject, and
b
amend such conditions.
3
The Ministers shall in writing —
a
notify applicants of the result of their applications;
b
notify applicants whose applications they have approved under this paragraph of any conditions which they have determined or amended under sub-paragraph (2) above.
4
The Ministers shall revoke any approval granted under this paragraph, other than any approval in respect of which grant has already been paid, if, as regards the measures to which the approval relates, the Commission decides that this Scheme is, or any measures undertaken, or to be undertaken, under this Scheme, are, not compatible with the common market having regard to Article 92 of the E.C. Treaty.
Eligibility and claims for payment of grant
7
1
Subject to sub-paragraph (2) below and paragraph 17, applicants whose applications have been approved under paragraph 6 shall be eligible for payment of grant in accordance with paragraph 11.
2
No grant shall be paid to an applicant in respect of any vessel unless —
a
a claim form in respect of that application, signed by the applicant, has been lodged with the Ministers on or before the appropriate decommissioning date, and
b
the Ministers are satisfied that the requirements set out in paragraphs 8 and 9 have been complied with.
3
In this Scheme “the appropriate decommissioning date” means such date as the Ministers may from time to time determine.
4
The Ministers shall publish a notice specifying the appropriate decommissioning date in such manner as they consider appropriate.
5
A claim form submitted in pursuance of a notice published under sub-paragraph (4) above shall be in writing, shall be made in such form and manner, shall include such information and declarations and shall be delivered to such address as the Ministers may specify in the notice or from time to time require and (without prejudice to the generality of the foregoing) shall include declarations that —
a
the vessel has been decommissioned in accordance with the requirements of paragraph 8,
b
all licences and claims to licences have been surrendered in accordance with the requirements of paragraph 9(1)(a), and
c
the vessel has been removed from the register.
6
An applicant shall furnish all such further information in support of the claim form as the Ministers may specify in the notice or from time to time require.
Decommissioning of the vessel
8
1
At least two weeks prior to the decommissioning of the vessel the applicant shall notify the Ministers in writing of the intended date and place of decommissioning (which shall be within a member State) and the proposed method of decommissioning.
2
The vessel shall not be decommissioned until the method of decommissioning notified under sub-paragraph (1) above has been approved by the Ministers.
3
The vessel shall be decommissioned —
a
before the appropriate decommissioning date, and
b
in accordance with —
i
the method of decommissioning which has been approved by the Ministers under sub-paragraph (2) above, or
ii
in exceptional circumstances and with the consent of the Ministers (which may be given before or after the decommissioning), any other method of decommissioning which accords with sub-paragraph (4) below.
4
In this Scheme “decommissioning”, in relation to a vessel, means the permanent withdrawal of that vessel from operation within the sea fish industry of the European Community as a result of —
a
permanently breaking up the vessel or otherwise permanently disabling it (but not, in either case, by scuttling) so that it is incapable of use for any seagoing purpose; or
b
permanently transferring the vessel into the ownership of a museum to which sub-paragraph (5) below applies.
5
This sub-paragraph applies to a museum which —
a
is registered with the Museums and Galleries Commission , or
b
has as its purpose or one of its purposes the preservation for the public benefit of a collection of historic, artistic or scientific interest and is wholly or mainly maintained out of moneys provided by Parliament.
Surrender of licences and removal from the register
9
1
The applicant shall before the appropriate decommissioning date —
a
surrender the licence referred to in paragraph 3(1)(b), and all current licences in respect of the vessel granted whether under section 4 of the Sea Fish (Conservation) Act 1967 or otherwise, and any claims to any new licences arising from such licences, to the person who granted such licences and in the case of any licences granted by a person other than by the Ministers furnish to the Ministers evidence that all such licences have been so surrendered;
b
take all necessary steps to ensure that the vessel is removed from the register and furnish to the Ministers evidence that it has been so removed.
2
In sub-paragraph (1)(a) above “licences”, in relation to licences granted otherwise than under section 4 of the Sea Fish (Conservation) Act 1967, includes any written authorisation, consent or permit.
Substantial damage or destruction of vessel
10
1
Where any vessel to which an application which has been approved under paragraph 6 relates is substantially damaged or destroyed —
a
the applicant shall forthwith in writing notify and provide full details to the Ministers of the damage or destruction;
b
the applicant shall with the notice referred to in paragraph (a) above furnish the Ministers with information concerning —
i
any policy of insurance in respect of the vessel which was in force at the time of, and
ii
any criminal or civil proceedings which to his knowledge are contemplated or in progress in respect of,
the incident;
c
the applicant shall provide the Ministers with such further information as they may require concerning the incident, the insurance arrangements relating to the vessel and any such criminal or civil proceedings;
d
the applicant shall if requested by the Ministers provide them with written authority authorising contact with the insurers of the vessel;
e
the applicant shall notify the Ministers of any amount received under such policy of insurance, or by way of compensation or damages, as a result of the incident.
2
Sub-paragraph (1) above shall apply regardless of whether or not the method of decommissioning the vessel had been approved under paragraph 8(2) before the incident occurred.
3
In this paragraph “incident” means an incident in which the vessel to which an approved application relates is substantially damaged or destroyed.
Amount of grant
11
The amount of grant which applicants who are eligible for payment of grant shall be paid shall be the amount of the bid made by such applicants in their applications.
Method of payment
12
1
Payments by way of grant may be made by the Ministers at such time, or by such instalments at such intervals or times, as they may determine.
2
The Ministers may decline to make payment of grant to any person other than:
a
the applicant;
b
a bank or building society nominated by the applicant;
c
a person to whom the applicant has assigned the grant.
Undertakings
13
Without prejudice to the generality of paragraph 6(2), any person whose application has been approved under paragraph 6 may be required by the Ministers to provide, or arrange for the provision of, such undertakings as the Ministers may consider appropriate to the case.
Assistance to authorised officers
14
Any applicant or any employee, servant or agent of any applicant shall give to an authorised officer such assistance as he may reasonably request to exercise the power conferred upon him by paragraph 15.
Powers of authorised officers
15
An authorised officer at all reasonable hours and on producing, if required to do so, some duly authenticated document showing his authority, may enter upon and inspect any vessel which is, or which such officer has reasonable cause to believe is, a vessel in respect of which an application has been made for the purpose of ascertaining whether and to what extent —
a
a person is entitled under paragraph 3 to make the application;
b
the application should be selected for approval under paragraph 5;
c
paragraphs 8 to 10 and 14, any relevant conditions and any undertakings given by the applicant have been complied with;
d
the decommissioning of the vessel is being, or has been, actually carried out;
e
any amount of grant is recoverable in accordance with paragraph 17;
f
an offence under section 17 of the Act has been or is being committed.
Protection of officers
16
Any authorised officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by virtue of paragraph 15 if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Reduction, withholding and recovery of grant
17
If at any time after the Ministers have approved an application in respect of any vessel it appears to them that any of the relevant conditions, or any undertakings provided in relation to that vessel under paragraph 13, have been breached or have not been complied with and in particular (without prejudice to the generality of such conditions or undertakings) that —
a
the application or any part of it was not an application which the applicant was entitled under paragraph 3 to make;
b
the applicant or an employee, servant or agent of an applicant —
i
has failed to comply with any requirement imposed by paragraphs 8 to 10 and 14;
ii
has intentionally obstructed any officer in the exercise of his powers under paragraph 15; or
iii
has given information on any matter relevant to the giving of the approval or the making of a payment relevant to the approval which is false or misleading in a material respect;
c
there has been damage or destruction of the vessel resulting in the payment to any person of any amount under a policy of insurance or by way of compensation or damages (regardless of whether or not the method of decommissioning the vessel had been approved under paragraph 8(2) before such damage or destruction occurred),
they may revoke the approval of such application in whole or in part or may reduce or withhold any grant in respect of the application and, where payment by way of grant has been made, may on demand recover, as a civil debt or, in Scotland, as a debt, an amount equal to the whole or any part of the payment which has been so made.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
30th July 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
31st July 1997
Win Griffiths
Signed by authority of the Secretary of State for Wales Parliamentary Under Secretary of State, Welsh Office
4th August 1997
Marjorie Mowlam
Secretary of State for Northern Ireland
31st July 1997
We approve,
Jim Dowd
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
31st July 1997


text:
1
These Regulations may be cited as the Divorce etc. (Pensions) (Amendment) Regulations 1997 and shall come into force immediately after the coming into force of sections 152, 153 and 154 of the Pensions Act 1995.
2
In these Regulations, every reference to a regulation by number alone means the regulation so numbered in the Divorce etc. (Pensions) Regulations 1996 .
Amendments to the Divorce etc. (Pensions) Regulations 1996
3
1
For regulation 3(1)(a) there shall be substituted the following —
a
regulation 5 of and Schedule 2 to the Occupational Pensions Schemes (Disclosure of Information) Regulations 1996 and regulation 11 of and Schedule 1 to the Occupational Pension Schemes (Transfer Values) Regulations 1996 ;
aa
section 93A of the Pension Schemes Act 1993 ;
.
2
In regulation 3(3), for the words from “the cash equivalent” to the end of the paragraph, there shall be substituted the following: —
a
in the case of an occupational pension scheme other than a salary related scheme, the cash equivalent to which he would have acquired a right under section 94(1)(a) of the Pension Schemes Act 1993 if his pensionable service had terminated at the specified date, calculated on the assumption that he made an application under section 95 of that Act on that date;
b
in the case of a salary related occupational pension scheme, the guaranteed cash equivalent to which he would have acquired a right under section 94(1)(aa) of the Pension Schemes Act 1993 if the guarantee date had fallen on the specified date and he had received a statement of entitlement in respect of that date and had made a application under section 95(1) of that Act within the period of three months beginning on that date.
.
3
In regulation 3(4), for the words from “the cash equivalent” to the end of the paragraph, there shall be substituted the following: —
a
in the case of an occupational pension scheme other than a salary related scheme, the cash equivalent to which he acquired a right under section 94(1)(a) of the Pension Schemes Act 1993 on the termination of his pensionable service, calculated on the assumption that he made an application under section 95 of that Act on the specified date;
b
in the case of a salary related occupational pension scheme, the guaranteed cash equivalent to which he would have acquired a right under section 94(1)(aa) of the Pension Schemes Act 1993 if the guarantee date had fallen on the specified date and he had received a statement of entitlement in respect of that date and had made an application under section 95(1) of that Act within the three months beginning on that date.
.
4
In regulation 3(6), for “and (5)” there shall be substituted “, (5) and (7)”.
5
After regulation 3(6) there shall be inserted the following: —
7
In relation to a personal pension scheme comprised in an annuity contract made before 4th January 1988, paragraph (5) shall apply as if such schemes were not excluded from the scope of Chapter IV of Part IV of that Act by the exception in section 93(1)(b) of that Act.
.
4
1
In regulation 4(1), for the words from “regulation 6(7)” to “1986” there shall be substituted “regulation 11 of and Schedule 1 to the Occupational Pension Schemes (Transfer Values) Regulations 1996”.
2
In regulation 4(3)(c), after “(5)” there shall be inserted “and (7)”.
3
In regulation 4(4), the words from “; and shall in either case” to the end shall be omitted.
4
In regulation 4(6)(b), for “the Occupational Pension Schemes (Disclosure of Information) Regulations 1986” there shall be substituted “the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 and the Occupational Pension Schemes (Transfer Values) Regulations 1996”.
5
After regulation 4(6) there shall be inserted the following: —
7
For the purposes of this regulation, all regulations referred to herein and made, or having effect as if made, under the powers of the Pension Schemes Act 1993 shall be treated as having effect as if
a
the words “at least one year” had been omitted from section 93(1)(a)(i) of that Act; and
b
the words “(other than a scheme which is comprised in an annuity contract made before 4th January 1988)” had been omitted from section 93(1)(b) of that Act.
.
5
For regulation 6(3) there shall be substituted the following: —
3
The notice to the trustees or managers of the new scheme or schemes shall consist of copies of the following documents: —
a
every order made under section 23 imposing any requirement on the trustees or managers of the first scheme;
b
any order varying such an order;
c
all particulars supplied by the other party under rule 2.70(4) or (8);
d
any notice given by the other party to the trustees or managers of the first scheme under regulation 8;
e
where the rights of the party with pension rights under the first scheme were derived in whole or in part from a transfer from a previous pension scheme, any notice under paragraph (2)(a) of this regulation given on the occasion of that transfer.
.
6
After regulation 8 there shall be inserted the following: —
8A
1
This regulation applies where: —
a
a transfer of accrued rights has taken place in the circumstances set out in section 25D(1)(a);
b
notice has been given in accordance with regulation 6(2)(a) and (b); and
c
any of the events set out in regulation 8(2) has occurred, and the other party has not, before receiving notice under regulation 6(2)(b), given notice of that event to the trustees or managers of the first scheme under regulation 8(3).
2
Where this regulation applies, any reference in regulation 8(3) and (4) to the trustees or managers of the pension scheme shall be construed as referring to the trustees or managers of the new scheme and not the trustees or managers of the first scheme.
3
Subject to paragraph (4), where this regulation applies and the other party, within one year from the transfer, gives to the trustees or managers of the first scheme notice of the event set out in regulation 8(2) in purported compliance with regulation 8(3), the trustees or managers of the first scheme shall —
a
send that notice to the trustees or managers of the new scheme, and
b
give the other party a second notice under regulation 6(2)(b);
and the other party shall thereupon be deemed to have given notice under regulation 8(3) to the trustees or managers of the new scheme.
4
Upon complying with paragraph (3) above, the trustees or managers of the first scheme shall be discharged from any further obligation under regulation 6 or 8A(3), whether in relation to the event in question or any further event set out in regulation 8(2) which may be notified to them by the other party.
.
7
After regulation 10 there shall be inserted the following —
10A
1
The trustees or managers of a pension scheme shall be entitled to recover from the party with pension rights the reasonable cost of furnishing information following a request under regulations 4 and 5, whether or not an order imposing any requirement on them is subsequently made, to the extent that that cost exceeds the cost of furnishing information which the trustees or managers would have been required to furnish if the request had been —
a
a request made under the regulations referred to in regulation 4(1) and (2), or
b
an application for a statement of entitlement under section 93A(1) of the Pension Schemes Act 1993 ;
instead of being made under these Regulations.
2
The costs referred to in paragraph (1) shall be assessed by the court if not agreed.
.
Mackay of Clashfern, C.
Dated 6th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment Regulations 1997 and shall come into force on 10th November 1997.
Amendment of regulation 1 of the National Health Service (Optical Charges and Payments) Regulations 1997
2
In regulation 1(2) of the National Health Service (Optical Charges and Payments) Regulations 1997 (interpretation), in the definition of “ NHS sight test fee” —
a
in paragraph (a), for “£37.83” there shall be substituted “£39.04”; and
b
in paragraph (b), for “£13.71” there shall be substituted “£14.10”.
Signed by authority of the Secretary of State for Health,
Alan Milburn
Minister of State,
Department of Health
17th October 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Pension Scheme (Burnley and Pendle Transport Company Limited) Regulations 1997 and shall come into force on 11th November 1997.
2
In these Regulations —
“the principal Regulations ” means the Local Government Pension Scheme Regulations 1995 ;
“ BPTCL ” means Burnley and Pendle Transport Company Limited a company incorporated with company number 2004965.
3
In these Regulations, unless the context otherwise requires, any expression which is also used in the principal Regulations has the same meaning as in those regulations.
Application of Regulations
2
These Regulations apply in the case of any person who: —
a
was employed by BPTCL on 31st March 1996;
b
was on that date a member of the Scheme;
c
was deemed on that date under paragraph 5(2) of Schedule B3 to the principal Regulations to be jointly employed by Burnley Borough Council and Pendle Borough Council for the purposes of the principal Regulations; and
d
ceased to be eligible to remain a member of the Scheme on 1st April 1996 by reason of the sale by Pendle Borough Council of its shares in BPTCL.
Transfer of pensions rights
3
1
In any case to which these Regulations apply, regulation K24 (except paragraph (5)) of the principal Regulations shall apply on the date that the person ceased to be a member of the Scheme as if: —
a
the circumstances of that cessation were such that paragraph (1)(a)(ii) of that regulation applied;
b
references to his employing authority are references to Burnley Borough Council; and
c
the reference in paragraph (3)(b) of that regulation to “twelve months beginning with the date” is a reference to twelve months beginning with the date on which these Regulations come into force.
2
The costs of determining the appropriate part of the fund and of apportioning the fund under regulation K24 of the principal Regulations shall be born in equal shares by Burnley Borough Council and Pendle Borough Council.
Early entitlement to retirement benefits on redundancy
4
1
If a person to whom these Regulations apply is entitled to preserved benefits under regulation D11 of the principal Regulations and he —
a
ceases to hold employment with BPTCL at any time after 31st March 1996 and before the expiry of the period of three months beginning with the date that these Regulations come into force,
b
has attained the age of 50 on the date that such employment ceases (in this regulation called “the material date”),
c
has duly elected to receive payment from the material date, and
d
satisfies the condition in paragraph (2),
the preserved benefits to which he is entitled under paragraph (1) of regulation D11 of the principal Regulations are payable from the material date as if that date is the appropriate date for the purposes of that regulation.
2
The condition referred to in paragraph (1) is that BPTCL certify that he has ceased to hold his employment with BPTCL by reason of redundancy.
3
An election made under paragraph (1)(c) shall be made by notice in writing to Burnley Borough Council given within the period of three months beginning with —
a
the date on which these Regulations come into force, or
b
if later, the material date.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
14th October 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (L D I Communications 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
These Regulations may be cited as the Motor Vehicles (Approval) (Amendment) (No. 2) Regulations 1997 and shall come into force on 31st December 1997.
Amendment of the Motor Vehicles (Approval) Regulations 1996
2
1
The Motor Vehicles (Approval) Regulations 1996 shall be further amended as follows.
2
In regulation 14(3) (obligatory certificates) for “1st January 1998” there shall be substituted “1st May 1998”.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
10th December 1997


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) Order 1997 (Partial Revocation) Order 1997 and shall come into force at 20.00 hours on 14th November 1997.
Partial revocation
2
The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) Order 1997 is hereby revoked except insofar as it applies in relation to flatfish and shellfish.
J R Wildgoose
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
14th November 1997


text:
Citation and commencement
1
1
These Rules may be cited as the Magistrates’ Courts (Notices of Transfer) (Amendment) Rules 1997 and shall, subject to paragraph (2) below, come into force on 1st April 1997.
2
These Rules shall have effect in the same way as section 65 of the Criminal Procedure and Investigations Act 1996 has effect.
2
The Magistrates’ Courts (Notices of Transfer) Rules 1988 shall be amended as follows —
a
i
in the Arrangement of Rules the entry in respect of rule 6 shall be omitted; and
ii
rule 6 shall be omitted;
b
in rule 7(a) the words “in respect of” to the end shall be omitted; and
c
in the Schedule form 4 shall be omitted.
Mackay of Clashfern, C.
Dated 10th March 1997


text:
Title and commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy Compensation (Amendment) Order 1997 and shall come into force on 24th October 1997.
Amendment of the Bovine Spongiform Encephalopathy Compensation Order 1996
2
1
The Bovine Spongiform Encephalopathy Compensation Order 1996 shall be amended in accordance with the following provisions of this article.
2
In article 3(3)(c) after the words “the President of the Royal Institution of Chartered Surveyors” there shall be added the words “or, in the case of a bovine animal in Scotland, by the President of the Institute of Auctioneers and Appraisers in Scotland”.
3
Sub-paragraph (c) in article 4(5) shall be revoked and the following sub-paragraph substituted —
c
where the determination is (on any single occasion) in respect of eleven or more animals kept on the same holding or owned by the same person, by agreement between two valuers, one appointed by the Minister and one by the owner of the animals.
.
4
In article 4(6) after the words “the President of the Royal Institution of Chartered Surveyors” there shall be added the words “or, in the case of a bovine animal in Scotland, by the President of the Institute of Auctioneers and Appraisers in Scotland”.
5
Paragraph 3 of Schedule 2 shall be revoked and the following paragraph substituted —
3
In this Schedule “closed herd” means a herd into which no female bovine animal has been introduced during the period beginning on 15th October 1990 and ending on the date on which the first exposed animal in the herd was slaughtered.
.
Jeff Rooker
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
24th September 1997
Brian Wilson
Minister of State, Scottish Office
26th September 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
29th September 1997
We approve,
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
24th September 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Contracting-out etc: Review of Determinations) Regulations 1997 and shall come into force on 6th April 1997.
2
In these Regulations, unless the context otherwise requires —
“the 1993 Act ” means the Pension Schemes Act 1993;
“ the court ” means, in England and Wales, the High Court and, in Scotland, the Court of Session.
Application of Regulations
2
These Regulations apply to any review under section 19 of the Social Security Administration Act 1992 of any question falling to be determined by the Secretary of State by virtue of section 170(7) of the 1993 Act (questions arising in connection with the issue, cancellation or variation of contracting-out certificates or appropriate scheme certificates and other questions falling to be determined by the Secretary of State under the 1993 Act, not being questions under section 170(1)(e) of that Act ).
Applications to the Secretary of State for a review of a determination
3
1
An application to the Secretary of State for the review of a determination shall be made in writing and shall state —
a
the name and address of the applicant;
b
the names and addresses of the trustees or managers of the scheme;
c
particulars of the determination in respect of which a review is sought;
d
the reason why the applicant claims that he is a person interested in that determination;
e
the grounds on which review of the determination is sought.
2
Notwithstanding paragraph (1), the Secretary of State may allow an application to be treated as properly made even if the requirements of that paragraph are not met.
3
If, on receipt of an application for a review of a determination, the Secretary of State decides to refuse to review that determination he shall send written notice to the applicant of —
a
that refusal;
b
the reasons for it; and
c
the right of appeal to the court on a point of law.
4
If, on receipt of an application for a review of a determination, the Secretary of State decides to review that determination he shall send written notice of the application and of his intention to review that determination to —
a
the applicant;
b
the trustees or managers of the scheme;
c
any other person (including a person who is an employer of persons in service in an employment to which the scheme applies) who in the opinion of the Secretary of State should be given such notice;
and the notice shall state that any person to whom it is given may request a formal hearing of the review and may make representations in connection with the review to the Secretary of State within 21 days of receipt of the notice.
Formal hearings in connection with reviews
4
1
If an applicant for a review of a determination or any person to whom notice of the application has been given under paragraph (4) of regulation 3 requests a formal hearing of the application, the Secretary of State shall grant the request unless, after considering the grounds of the application and any reasons given for the request, he is satisfied that the review of the determination can properly be made without such a hearing.
2
If the Secretary of State is satisfied that the review can properly be made without a formal hearing, he shall inform the person making the request of its refusal and of the reason for that refusal and may proceed to review the determination without such a hearing, but he shall not proceed to make his review of the determination until he has allowed the person making the request at least 21 days to make any written submissions in connection with the review.
3
If, in accordance with the provisions of paragraph (1), a request for a formal hearing has been granted, or if no request has been made but the Secretary of State is otherwise satisfied that a formal hearing is desirable, reasonable notice (being at least 21 days or such lesser period as the Secretary of State, with the agreement of all persons to whom notice of the hearing has been given, may think fit) of the time and place of the hearing shall be given to every person to whom notice of the application has been given under paragraph (4) of regulation 3.
4
In any case in which a formal hearing of a review is held such hearing shall be in public except where the Secretary of State is satisfied that, by reason of the confidential or sensitive nature of matters raised, it is just and reasonable for the hearing or any part of it to be in private.
5
A member of the Council on Tribunals or the Scottish Committee of the Council, in that capacity, shall be entitled to attend a formal hearing whether it is in public or in private.
6
Any person to whom notice of the hearing has been given under paragraph (3) shall be entitled to be heard at the hearing and may give evidence and call witnesses and shall be given an opportunity of putting questions directly to any witness called at the hearing.
7
A person who has the right to be heard shall be entitled to be represented by another person whether legally qualified or not.
8
The Secretary of State may, if he thinks fit, require any person to attend a hearing to give evidence or to produce documents reasonably required for determining the issue before him and may take evidence on oath and for that purpose administer oaths.
9
If any person to whom notice of the hearing has been given under paragraph (3) fails to appear either in person or by a representative at the hearing, the Secretary of State may proceed with the hearing notwithstanding the absence of any such person or representative.
Procedure for review decision
5
1
The Secretary of State shall, subject to paragraph (2), allow a period of at least 21 days to elapse after the sending of the notices required by paragraph (4) of regulation 3 and he shall then proceed to review the determination as soon as practicable with a view to confirming, varying or revoking it having regard to any representations that he has received.
2
The Secretary of State may allow a period of less than 21 days to elapse before proceeding to review the determination in accordance with paragraph (1) with the agreement of all persons to whom notice of the application has been given.
3
If it appears to the Secretary of State that any review involves a question of special difficulty, he may take the advice and assistance of an assessor or assessors having the relevant professional qualifications.
4
When the Secretary of State has made a determination on a review he shall record that determination in writing and as soon as practicable shall send notice in writing of —
a
the determination;
b
the reasons for it; and
c
the right to appeal to the court on a point of law,
to every person to whom notice was sent under paragraph (4) of regulation 3.
Review by the Secretary of State without an application being made
6
In any case where the Secretary of State enters upon a review of a determination without an application for review being made the provisions of regulations 3(4), 4 and 5 shall apply as if the review were being entered upon consequent upon an application being made, save that the notice referred to under regulation 3(4) shall not refer to any such application and any reference to the applicant shall be disregarded.
Revocations
7
The Regulations listed in column 2 of the Schedule are revoked to the extent specified in column 3 of that Schedule.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald,
Parliamentary Under-Secretary of State,
Department of Social Security
17th February 1997


text:
Citation and commencement
1
These Regulations may be cited as the Secure Tenancies (Notices) (Amendment) Regulations 1997 and shall come into force on 12th February 1997.
Amendment to the Notices
2
In the notice in Part 1 of the Schedule to the Secure Tenancies (Notices) Regulations 1987 —
a
for paragraph 5 substitute —
David Curry
Minister of State,
Department of the Environment
14th January 1997
William Hague
Secretary of State for Wales
16th January 1997


text:
Citation and commencement
1
This Order may be cited as the South East Water Limited (Extension of Byelaws) Order 1997 and shall come into force on 22nd February 1997.
Extension of water byelaws
2
The following byelaws, which have effect as if made by South East Water Limited under section 17 of the Water Act 1945 (prevention of waste of water etc. ), namely —
a
the byelaws made on the 23rd February 1987 by the West Kent Water Company;
b
the byelaws made on the 9th March 1987 by the Mid-Sussex Water Company; and
c
the byelaws made on the 26th March 1987 by the Eastbourne Water Company,
shall remain in force until 30th September 1998.
Signed by authority of the Secretary of State
N. Summerton
An Under Secretary in the
Department of the Environment
21st February 1997


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Lleyn Peninsula) Designation (Amendment) Order 1997 and shall come into force on 1st May 1997.
Amendment of the Environmentally Sensitive Areas (Lleyn Peninsula) Designation Order 1987
2
1
The Environmentally Sensitive Areas (Lleyn Peninsula) Designation Order 1987 shall be further amended in accordance with the following paragraphs of this article.
2
In paragraph (1) of article 2 (interpretation) —
a
in the definition of the word “bank”, for the word “or” where it occurs immediately after the word “stone”, there shall be substituted the word “and”;
b
after the definition of “conservation headland” there shall be added the following definition —
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 4 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
In article 6 (rates of payment under agreement) —
a
in subparagraph (e) of paragraph (3), for “£35” there shall be substituted “£55”.
b
in paragraph (4) —
i
in subparagraph (a), for “£25” there shall be substituted “£30”;
ii
in subparagraph (b), for “£20” there shall be substituted “£30”;
iii
in subparagraph (g), for “£90” there shall be substituted “£150”;
iv
in subparagraph (h), for “£50” there shall be substituted “£90”;
v
in subparagraph (i), for “£70” there shall be substituted “£125”;
vi
in subparagraph (j), for “£80” there shall be substituted “£125”;
vii
in subparagraph (k), for “£80” there shall be substituted “£150”.
c
for paragraph (6) there shall be substituted the following paragraph —
6
Where an agreement includes a conservation plan, the Secretary of State shall also make payments in respect of operations included in the plan, subject to a maximum of £20,000 for that agreement.
.
d
paragraph (7) shall be deleted.
4
In paragraph 6 of Schedule 4 (conservation plan operations) the word “traditional”, where it occurs before the word “farm”, shall be deleted and the words “using traditional materials” shall be inserted after the word “buildings”.
Saving
3
Paragraph (3) of article 2 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st May 1997.
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
17th March 1997
We consent,
Roger Knapman
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1997


text:
1
This Order may be cited as the Confiscation of Alcohol (Young Persons) Act 1997 (Commencement) Order 1997.
2
Section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 shall come into force on 1st August 1997.
Alun Michael
Minister of State
Home Office
18th July 1997


text:
Citation and commencement
1
This Order may be cited as the Carlisle Hospitals National Health Service Trust (Establishment) Amendment Order 1997 and shall come into force on 24th March 1997.
Amendment of NHS trust Establishment Order
2
In Article 3 of the Carlisle Hospitals National Health Service Trust (Establishment) Order 1993 (functions of the trust) —
in paragraph (1) for “section 5(1)(a)” there shall be substituted “section 5(1)(b)”; and
for paragraph (2) there shall be substituted the following new paragraph —
2
The trust’s functions shall be to provide and manage hospital accommodation and services at any or all of the following hospitals —
City General Hospital, Fusehill Street, Carlisle, Cumbria CA1 2HG,
City Maternity Hospital, Fusehill Street, Carlisle, Cumbria CA1 2HG,
Cumberland Infirmary, Newtown Road, Carlisle, Cumbria CA2 7HY,
and at any other premises which are for the time being associated with any of those hospitals.
.
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under Secretary of State,
Department of Health
13th March 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Solihull Healthcare National Health Service Trust (Transfer of Trust Property) Order 1997 and shall come into force on 30th June 1997.
2
In this Order —
“the Authority” means Solihull Health Authority, established on 1st April 1996 ;
“the old Authority” means the former Solihull Health Authority, abolished on 1st April 1996 ;
“the trust” means the Solihull 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 old Authority and the trust on 8th March 1996 which schedule has been signed on behalf of the old Authority and the trust.
Transfer of trust property
2
On 30th June 1997 the trust property shall be transferred from the Authority to the trust.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
30th May 1997