text:
Citation, commencement and extent
1
1
This Order may be cited as the United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Guernsey) Order 1997 and shall come into force on 12 March 1997.
2
This Order extends to Guernsey .
Interpretation
2
1
In this Order, unless the context otherwise requires —
“ the Bailiff ” means the Bailiff, the Deputy Bailiff, a lieutenant Bailiff or the Juge Délégué;
“competent court” means —
in relation to the Island of Alderney, the Court of Alderney,
in relation to the Island of Sark, the Court of the Seneschal of Sark,
in relation to elsewhere in Guernsey, the Magistrate’s Court set up under the Magistrate’s Court (Guernsey) Law, 1954;
“the Court of Appeal ” means the court established by the Court of Appeal (Guernsey) Law, 1961;
“delivery order” means —
an order for delivery up made under article 6 or under that article as applied by article 5, including one made following an application under article 7,
an order for delivery up made under article 8(4) or article 9(5);
“Guernsey” means the Bailiwick of Guernsey;
“ Her Majesty’s Procureur ” includes Her Majesty’s Comptroller;
“the International Tribunals ” means —
the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 established by Resolution 827 (1993) of the Security Council of the United Nations including any of the organs of that Tribunal referred to in Article 11 of the Statute ;
the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring states, between 1st January 1994 and 31st December 1994, established by Resolution 995 (1994) of the Security Council of the United Nations including any of the organs of that Tribunal referred to in Article 10 of the Statute;
“International Tribunal crime” means a crime in respect of which the International Tribunal specified in sub-paragraph (a) or, as the case may require, (b) of the definition of “the International Tribunals” above has jurisdiction under the Statute;
“items subject to legal professional privilege” means —
communications between a professional legal adviser and his client;
communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings,
which would in legal proceedings be protected from disclosure by virtue of any rule of law relating to the confidentiality of communications;
“national court” means a court in Guernsey;
“officer of police” means —
a member of the salaried police force of the Island of Guernsey,
in relation to the Islands of Guernsey, Herm and Jethou, and within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey,
in relation to the Island of Alderney, a member of any police force which may be established by the States of Alderney and, within the limits of his jurisdiction, a special constable appointed by the Court of Alderney under section 15 of the Government of Alderney Law, 1987, and
in relation to the Island of Sark, the Constable and the Vingtenier;
“premises” includes any place and, in particular, includes —
any vehicle, vessel, aircraft or hovercraft;
any offshore installation; and
any tent or moveable structure;
“prisoner” means a person serving a sentence in a prison or other institution in Guernsey;
“ the Prosecutor ” means the Prosecutor responsible under the Statute for the investigation and prosecution of persons in accordance with the Statute and the Rules ;
“ the Registrar ” means the Registrar appointed under the Statute by the Secretary-General of the United Nations;
“the Rules” means the rules of procedure and evidence of the Tribunal specified in sub-paragraph (a) or, as the case may require, (b) of the definition of “the International Tribunals” above;
“the Statute” means —
in relation to the International Tribunal specified in sub-paragraph (a) of the definition of “the International Tribunals” above, the Statute of that Tribunal adopted by the Security Council of the United Nations, the text of which is set out in the Schedule to the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 ;
in relation to the International Tribunal specified in sub-paragraph (b) of that definition, the Statute of that Tribunal adopted by the Security Council of the United Nations, the text of which is set out in the Schedule to the United Nations (International Tribunal) (Rwanda) Order 1996 ;
“transfer warrant” means a warrant issued under article 9(2).
2
Any reference in this Order to an Act of Parliament or to a provision of an Act of Parliament is a reference to that Act or provision as it has effect in Guernsey.
3
A reference in this Order to arrangements by the Secretary of State with the Registrar or with another state is a reference to arrangements of a general nature or to arrangements relating to a particular case or group of cases.
4
In this Order, unless the context otherwise requires, any reference to a numbered article is a reference to the article which bears that number in this Order, and any reference to a numbered paragraph in an article of this Order is a reference to the paragraph bearing that number in that article.
Purpose of this Order
3
1
This Order has effect for the purpose of enabling Guernsey to co-operate with the International Tribunals in the investigation and prosecution of persons accused of committing International Tribunal crimes and the punishment of persons convicted of such crimes.
2
In particular, but without prejudice to the generality of paragraph (1), this Order has effect —
a
to provide for the arrest and delivery to the International Tribunal concerned of persons accused or convicted of an International Tribunal crime and for the arrest in cases of urgency of persons suspected of having committed an International Tribunal crime,
b
to secure the attendance before the International Tribunals of persons as witnesses or to assist in investigations,
c
to give effect to requests by the International Tribunals for the discontinuance of certain proceedings in courts constituted under the law of Guernsey,
d
to provide the International Tribunals with other forms of assistance in the investigation and prosecution of International Tribunal crimes,
e
to enforce orders of the International Tribunals for the preservation or restitution of property and to give effect to requests to determine the ownership of property,
f
to make provision for the immunities and privileges of the International Tribunals and persons connected therewith.
3
Nothing in this Order shall be construed as preventing the provision of assistance to the International Tribunals otherwise than under this Order.
PART I
ARREST AND DELIVERY OF PERSONS TO THE INTERNATIONAL TRIBUNALS
Endorsement of warrants of arrest
4
1
Where the Secretary of State receives from either of the International Tribunals a warrant of arrest issued by that International Tribunal in respect of a person who is believed to be in or on his way to Guernsey (including such a warrant issued or received before the commencement of this Order), the Secretary of State shall transmit the warrant to the Bailiff who shall, subject to paragraph (2), endorse the warrant for execution in any part of Guernsey.
2
A warrant for the arrest of a person convicted by one of the International Tribunals shall not be endorsed under this article unless the purpose of the arrest is to enable him —
a
to be brought before that International Tribunal, or
b
to be taken to a place where he is to undergo imprisonment under a sentence of that International Tribunal.
Provisional warrants of arrest
5
1
Where the Secretary of State —
a
receives a request from either of the International Tribunals for the arrest of a person who is believed to be in or on his way to Guernsey and who is suspected or accused of having committed an International Tribunal crime or who has been convicted by that International Tribunal, and
b
the request is not accompanied by a warrant but is made on the grounds of urgency,
the Secretary of State shall transmit the request to an officer of police and direct the officer of police to apply for a warrant for the arrest of that person.
2
On an application by an officer of police stating on oath that he has reason to believe —
a
that a request has been made on grounds of urgency by one of the International Tribunals for the arrest of a person who is suspected or accused of having committed an International Tribunal crime or who has been convicted by that International Tribunal,
b
that the person concerned is in or on his way to Guernsey, and
c
that the purpose of the arrest is to enable the person concerned to be brought before that International Tribunal or, as the case may be, to be taken to a place where he is to undergo imprisonment under a sentence of that International Tribunal,
the Bailiff may issue a warrant (“a provisional warrant”) for the arrest of that person, and shall if he issues such a warrant notify the Secretary of State that he has done so.
3
A person arrested under a provisional warrant shall be brought before a competent court as soon as is practicable, and —
a
if an endorsed warrant in respect of that person is produced to the court, the court shall proceed as if he had been arrested under that warrant, and article 6 shall apply accordingly,
b
if no such warrant is produced, the court may, pending the production of the warrant, remand him for not more than 18 days at a time, so however that the total period of remands does not exceed 40 days in all.
4
If at any time an endorsed warrant relating to a person remanded under this article is produced to the court which remanded him, the court shall determine the period of remand and the person shall thereafter be treated as if arrested at that time under the endorsed warrant.
5
If an endorsed warrant relating to a person remanded under this article is not produced within the period of the remand (including any extension of that period) to the court which remanded him, he shall be discharged by the court.
6
In this article and in article 6 “endorsed warrant” means a warrant of arrest issued by the International Tribunal which made the request referred to in paragraph (1), endorsed in accordance with article 4.
Proceedings before competent court after arrest
6
1
So soon as is practicable after a person is arrested under an endorsed warrant, he shall be brought before a competent court; and the court shall, subject to the following provisions of this article, make the appropriate order and remand him until it is executed.
2
Where the purpose of the arrest is to enable the person to be brought before the International Tribunal which issued the warrant, the appropriate order is that the person be delivered up into the custody of that International Tribunal in accordance with arrangements made by the Secretary of State with the Registrar.
3
Where the purpose of the arrest is to enable the person to be taken to a place where he is to undergo imprisonment under a sentence of that International Tribunal, the appropriate order is that the person be delivered up into the custody of the state where that place is situated in accordance with arrangements made by the Secretary of State with that state.
4
If it is shown to the satisfaction of the competent court that other criminal proceedings (not being proceedings under the Extradition Act 1989 or the Backing of Warrants (Republic of Ireland) Act 1965 ) have been instituted in respect of the arrested person in a national court and that those proceedings —
a
have not been finally determined so far as they relate to conduct which would not constitute an International Tribunal crime, or
b
have not been discontinued (whether in pursuance of this Order or otherwise) so far as they relate to conduct which would constitute an International Tribunal crime,
the proceedings under this article shall be adjourned and the competent court may remand the arrested person until the other criminal proceedings have been finally determined or have been discontinued, as the case may be.
5
An order shall not be made under paragraph (1) if it is shown to the satisfaction of the competent court —
a
that the document purporting to be a warrant issued by the International Tribunal concerned is not such a warrant or that it has not been endorsed in accordance with article 4, or
b
that the person brought before the court is not the person named or described in the warrant, or
c
where the person has not been convicted by the International Tribunal concerned of the offence specified in the warrant or any accompanying document, that the offence is not an International Tribunal crime, or
d
notwithstanding that the offence is an International Tribunal crime, that the person would if he were charged with it in Guernsey be entitled to be discharged under any rule of law relating to previous acquittal or conviction.
6
If the competent court refuses to make an order under paragraph (1), it shall make an order remanding the person arrested until the Secretary of State has been notified of its decision and of the grounds thereof; and —
a
if the Secretary of State on being so notified immediately informs the court that he intends to question the decision on the ground that it is wrong in law, the order remanding the person arrested shall continue to have effect, except as otherwise provided by this Order, so long as the case is pending,
b
if the court is not so informed, the person arrested shall be discharged.
7
Nothing in this Order shall be construed as requiring a competent court to be satisfied that there is evidence sufficient to warrant the trial of an accused person by the International Tribunal concerned.
8
Where a competent court makes an order under paragraph (1) in respect of a person —
a
who has been committed under section 9 of or paragraph 7 of Schedule 1 to the Extradition Act 1989, or
b
who has been ordered to be delivered up under section 2(1) of the Backing of Warrants (Republic of Ireland) Act 1965, or
c
in respect of whom an order, other than a sentence of imprisonment or detention, has been made in criminal proceedings which have been finally determined,
it may make such other order as is necessary to give effect to the endorsed warrant; and such other order may suspend or revoke a warrant, sentence (not being a sentence of imprisonment or detention) or other order made by that or any other court or any magistrate or other judicial officer in respect of the person.
Appeal to the Royal Court
7
1
If a competent court refuses to make a delivery order in relation to a person under article 6, the Secretary of State may appeal against the decision to the Royal Court on the ground that it is wrong in law.
2
Notice of appeal shall be given in writing by the Secretary of State to Her Majesty’s Greffier and to the person to whom the warrant relates or his Advocate within 14 days after the day on which the decision appealed against is given and state the general grounds of such appeal.
3
On the termination of the hearing of an appeal under this article the Royal Court shall have power —
a
to reverse the decision of the competent court and make the appropriate order under article 6(2) or (3), as the case may be, or
b
to dismiss the application.
4
If the Royal Court dismisses the application, the Secretary of State may, with the leave of the Court of Appeal, appeal to the Court of Appeal; and section 7 of the Magistrate’s Court (Criminal Appeals) (Guernsey) Law, 1988 shall apply in relation to the appeal.
5
An order for the remand of an arrested person which continues to have effect by virtue of article 6(6) shall cease to have effect if —
a
notice of appeal under paragraph (1) is not given within the period mentioned in paragraph (2);
b
the Royal Court dismisses the application and the Secretary of State does not immediately apply for leave to appeal to the Court of Appeal, or
c
the Court of Appeal refuses leave to appeal or dismisses the appeal.
Securing attendance of person as witness or to assist in investigations
8
1
This article applies where the Secretary of State receives from either of the International Tribunals an order for the attendance before that International Tribunal of a person in Guernsey who —
a
has been served with a summons or other process under article 17 requiring him to appear before that International Tribunal for the purpose of giving evidence or assisting an investigation or for both purposes, and
b
has failed to comply with the process,
and the order is accompanied by a request for assistance in enforcing it.
2
The Secretary of State shall transmit the order to the Bailiff, who shall issue a warrant for the arrest of the person named or described in the order.
3
A person arrested in pursuance of a warrant issued under paragraph (2) shall be brought before a competent court as soon as practicable.
4
If the competent court is satisfied that —
a
the person arrested is the person named or described in the warrant and in the order of the International Tribunal concerned, and
b
he has been served with a summons or other process under article 17 requiring him to appear before that International Tribunal, and
c
he has failed to comply with the process,
the court shall order him to be delivered up, in accordance with arrangements made by the Secretary of State with the Registrar, into the custody of that International Tribunal and shall remand him until the order has been executed.
5
If the competent court does not make an order under paragraph (4) and the person arrested is not remanded, the court shall order his discharge.
Transfer of prisoner to give evidence or to assist in investigations
9
1
This article applies where the Secretary of State receives a request from either of the International Tribunals for the transfer of a prisoner into the custody of that International Tribunal for the purpose of giving evidence or assisting an investigation or for both purposes.
2
If the prisoner consents to the transfer, the Secretary of State shall issue a warrant (“a transfer warrant”) requiring the prisoner to be delivered up, in accordance with arrangements made by the Secretary of State with the Registrar, into the custody of the International Tribunal which made the request.
3
The consent of a prisoner for the purposes of paragraph (2) may be given either —
a
by the prisoner himself, or
b
in circumstances in which it appears to the Secretary of State inappropriate, by reason of the prisoner’s physical or mental condition or his youth, for him to act for himself, by a person appearing to the Secretary of State to be an appropriate person to act on his behalf,
but a consent once given shall not be capable of being withdrawn after the issue of the transfer warrant.
4
If the prisoner, or the person acting on his behalf, refuses consent to the transfer, the prisoner shall, as soon as is practicable, be brought before a competent court.
5
If the competent court is satisfied that the prisoner is the person named or described in the request referred to in paragraph (1), the court shall order him to be delivered up, in accordance with arrangements made by the Secretary of State with the Registrar, into the custody of the International Tribunal which made the request.
6
If an order is made under paragraph (5) the prisoner shall be remanded until it has been executed; and if no such order is made the prisoner shall be transferred in custody to the place where he is liable to be detained under the sentence to which he is subject.
7
This article applies to a person in custody awaiting trial or sentence and a person committed to prison for default in paying a fine as it applies to a prisoner and a reference in this article to a sentence shall be construed accordingly.
Review of orders of competent court
10
1
Where a delivery order is made by a competent court in respect of any person —
a
he shall not be delivered up under the order until the expiration of the period of 15 days beginning with the date on which the order is made, unless he gives notice in accordance with paragraph (3) that he consents to his earlier delivery up;
b
if within that period an application for review is made by him under paragraph (2), he shall not be so delivered up while proceedings on the application are pending;
and the competent court shall inform him that he will not be delivered up under the order during the said period of 15 days unless he gives notice as aforesaid, and that he has the right to make an application for review under paragraph (2).
2
A delivery order made by the competent court may be reviewed by the Royal Court in the same manner as an appeal against a conviction before the competent court.
3
Where notice is given by a person consenting to his earlier delivery up —
a
the notice shall be signed in the presence of a Jurat or, in Sark, of the Seneschal;
b
a notice given by a person in custody shall be delivered to the governor of the prison;
c
a notice given by a person on bail shall be delivered to the Chief Officer of Police;
and the delivery of a notice given by a person on bail shall be effective if the notice is sent by post in a registered letter or by recorded delivery service addressed to the Chief Officer of Police.
4
It shall be the duty of the person receiving any such notice to ensure that the notice is attached to the order for the delivery up of the person concerned.
Remand and bail
11
Where by virtue of this Order a court has power to remand a person, the court may order the person —
a
to be detained in custody; or
b
to be admitted to bail, that is to say, by taking from him a recognisance, with or without sureties, conditioned for his appearance; or
c
to be released on oath for his appearance;
but nothing in this article shall be taken as authorising the admission to bail of a person who is serving a term of imprisonment or detention to which he has been sentenced by a national court.
Discharge of persons not delivered up
12
1
Where either of the International Tribunals informs the Secretary of State that a person arrested in pursuance of this Order is no longer required to be delivered up into its custody or, as the case may be, into the custody of a state for imprisonment there, the Secretary of State shall notify the Bailiff; and the Bailiff shall, on receipt of such notification, make an order for the discharge of the person arrested.
2
If a person in respect of whom a delivery order has been made is not delivered up under the order within 40 days after it was made, the Royal Court, upon application by or on behalf of that person, may, unless reasonable cause is shown for the delay, order him to be discharged.
3
The Secretary of State shall revoke a transfer warrant if he is informed, before it has been executed, that the International Tribunal concerned no longer requires the attendance of the prisoner to whom the warrant relates.
PART II
DISCONTINUANCE OF PROCEEDINGS IN NATIONAL COURTS
Discontinuance of relevant proceedings
13
1
This article applies where the Secretary of State receives from either of the International Tribunals a request in accordance with the Statute and the Rules that a national court should defer to the competence of that International Tribunal by discontinuing proceedings to which the request relates.
2
The Secretary of State shall transmit the request to the court in which the proceedings are taking place by a notice addressed to the appropriate person; and for the purposes of this paragraph the appropriate person is —
a
in the case of a court in the Island of Guernsey, Her Majesty’s Greffier,
b
in the case of the Court of Alderney, the Clerk of the Court of Alderney,
c
in the case of the Court of the Seneschal of Sark, the Greffier.
3
If the court to which a request is transmitted is satisfied that —
a
the request relates to relevant proceedings within the meaning of this article, and
b
in the case of proceedings which are relevant proceedings by virtue of paragraph (5)(a), those proceedings are in respect of conduct which would constitute an International Tribunal crime,
the court shall order the discontinuance of the proceedings and may make such other orders as are appropriate to give effect to the request, including the revocation of a warrant of arrest issued in connection with the proceedings.
4
For the purpose of considering a request transmitted to it in pursuance of this article, the court may adjourn the proceedings for such period or periods, and on such conditions, as it deems fit; and if the court is not satisfied as to the matters specified in paragraph (3), it shall make no order for the discontinuance of the proceedings.
5
Relevant proceedings within the meaning of this article are —
a
proceedings in a competent court or the Royal Court in connection with an indictable offence of which the accused has not yet been convicted,
b
proceedings under the Extradition Act 1989 relating to a person in respect of whom an arrest warrant has been issued pursuant to section 8 of or paragraph 5 of Schedule 1 to that Act or proceedings in connection with such proceedings, or
c
proceedings under the Backing of Warrants (Republic of Ireland) Act 1965 relating to a person in respect of whom a warrant has been endorsed pursuant to section 1 of that Act or a provisional warrant has been issued pursuant to section 4 of that Act or proceedings in connection with such proceedings.
6
The discontinuance of any proceedings in pursuance of a request by either of the International Tribunals shall not of itself prevent —
a
the institution of fresh proceedings in a national court, or
b
the issue under section 7 of the Extradition Act 1989 of a fresh authority to proceed or the making of a fresh order by the Secretary of State under paragraph 4 of Schedule 1 to that Act, or
c
the endorsement of a fresh warrant or the issue of a fresh provisional warrant under the Backing of Warrants (Republic of Ireland) Act 1965,
in respect of the same offence.
PART III
OTHER FORMS OF ASSISTANCE TO THE INTERNATIONAL TRIBUNALS
Transmission of information and records
14
1
This article applies where the Secretary of State receives from either of the International Tribunals —
a
a request for information relating to any relevant proceedings within the meaning of article 13 or to any investigation of conduct which would constitute an International Tribunal crime, or
b
as part of a request mentioned in article 13(1), a request for the forwarding of the results of any investigation of conduct relating to relevant proceedings within the meaning of article 13 and a copy of the court’s record.
2
The Secretary of State shall take such steps as appear to him to be appropriate to secure the production to him of the information or record requested and on its production to him shall transmit it to the International Tribunal which made the request.
Search etc. for material relevant to International Tribunal investigation
15
1
If, on an application made by an officer of police, the Bailiff is satisfied —
a
that proceedings have been instituted for the indictment of a person by either of the International Tribunals or that a person has been arrested in the course of an investigation by either of the International Tribunals, and
b
that the conduct constituting the International Tribunal crime which is the subject of the proceedings or investigation would constitute an offence punishable by imprisonment if it had occurred in any part of Guernsey, and
c
that there are reasonable grounds for suspecting that there is on premises in Guernsey occupied or controlled by that person evidence relating to the International Tribunal crime other than items subject to legal professional privilege,
he may issue a warrant authorising an officer of police to enter and search those premises and to seize any such evidence found there.
2
The power to search conferred by paragraph (1) is only a power to search to the extent that it is reasonably required for the purpose of discovering such evidence as is there mentioned.
3
No application for a warrant shall be made by virtue of paragraph (1) except in pursuance of a direction given by the Secretary of State in response to a request received from one of the International Tribunals, and any evidence seized by an officer of police by virtue of this article shall be furnished by him to the Secretary of State for transmission to the International Tribunal which made the request.
4
If in order to comply with the request it is necessary for any such evidence to be accompanied by any certificate, affidavit or other verifying document the officer of police shall also furnish for transmission such document of that nature as may be specified in the direction given by the Secretary of State.
5
Where the evidence consists of a document the original or a copy shall be transmitted, and where it consists of any other article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the request.
Evidence for International Tribunal use
16
1
This article applies where the Secretary of State receives from either of the International Tribunals a request for assistance in obtaining evidence in Guernsey in connection with proceedings that have been instituted before that International Tribunal or an investigation that is being carried on by it.
2
If the Secretary of State is satisfied —
a
that an International Tribunal crime has been committed or that there are reasonable grounds for suspecting that such a crime has been committed, and
b
that proceedings in respect of that crime have been instituted before the International Tribunal or that an investigation is being carried on by it,
he may, if he thinks fit, institute proceedings before the Royal Court for the purpose of receiving such of the evidence to which the request relates as may appear to the court to be appropriate for the purpose of giving effect to the request.
3
In this article “evidence” includes documents and other articles.
4
The Schedule to this Order has effect for the purpose of proceedings before the Royal Court pursuant to this article.
5
In proceedings before the Royal Court, it may, if it thinks it necessary in the interests of justice, direct that the public be excluded from the court.
6
The Royal Court shall ensure that a register is kept of the proceedings which indicates in particular —
a
which persons with an interest in the proceedings were present,
b
which of those persons were represented and by whom, and
c
whether any of those persons were denied the opportunity of cross-examining a witness as to any part of his testimony,
but save as authorised by the Secretary of State or with the leave of the court, the register shall not be open to inspection.
7
The evidence received by the Royal Court, together with a copy of the register of the proceedings, shall be furnished to the Secretary of State for transmission to the International Tribunal which made the request.
8
If in order to comply with the request it is necessary for the evidence or deposition to be accompanied by any certificate, affidavit or other verifying document, the court shall also furnish for transmission such document of that nature as may be specified in the notice instituting the proceedings before the Royal Court pursuant to this article.
9
Where evidence consists of a document the original or a copy shall be transmitted, and where it consists of any other article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the request.
Service of process
17
1
This article applies where the Secretary of State receives from either of the International Tribunals —
a
a summons or other process requiring a person (not being a prisoner) to appear before that International Tribunal for the purpose of giving evidence or assisting an investigation or for both purposes, or
b
a document notifying interested parties of a special hearing to determine the matter of restitution of specified property or the proceeds thereof and affording them the opportunity to justify a claim to the property or its proceeds,
together with a request for it to be served on a person in Guernsey.
2
The Secretary of State may cause the process or document to be served by post or, if the request is for personal service, direct the Chief Officer of Police to cause it to be personally served on him.
3
Service by virtue of this article of any process mentioned in paragraph (1)(a) imposes an obligation to comply with it; and any such process shall be accompanied by a notice stating the effect of this paragraph and of article 8 (securing attendance of person as witness or to assist in investigations).
4
Any document mentioned in paragraph (1)(b) shall indicate that the person on whom it is served may wish to seek advice as to the possible consequences of failing to justify a claim.
5
Where the Chief Officer of Police is directed under this article to cause any process or document to be served he shall after it has been served forthwith inform the Secretary of State when and how it was served and (if possible) furnish him with a receipt signed by the person on whom it was served; and if the Chief Officer of Police has been unable to cause the process or document to be served he shall forthwith inform the Secretary of State of that fact and of the reason.
Enforcement of orders for the preservation or restitution of property
18
1
Where the Secretary of State receives from either of the International Tribunals —
a
an order for provisional measures for the preservation and protection of property or the proceeds of property, or
b
an order for the restitution of property or the proceeds of property,
and the property is, or, as the case may be, the proceeds are, believed to be in Guernsey, the Secretary of State shall append to the order a direction that it be registered for enforcement in Guernsey.
2
The court shall register the order on the application of the person entitled to enforce it; but —
a
where it is shown that an order has been partly complied with at the date of application for its registration, the court shall register the order only so far as it has not been complied with at that date, and
b
where, after the date of registration of an order, it is shown that the order had been partly or wholly complied with at that date, the court shall vary or cancel the registration of the order accordingly with effect from that date.
3
For the purposes of enforcement of an order registered under this article —
a
the order shall have the same force and effect,
b
the court shall have in relation to its enforcement the same powers, and
c
proceedings for or with respect to its enforcement may be taken,
as if the court had originally made the order.
4
Where the International Tribunal concerned makes an order (a “suspending order”) that enforcement of a registered order be suspended, the suspending order shall, on its production to the court, be registered immediately; and —
a
the suspending order shall have effect as if it had been an order made by the court which stayed the execution of the original registered order for the same period and on the same conditions as are stated in the suspending order, and
b
while the suspending order remains in force, no steps shall be taken to enforce the original registered order.
5
The reasonable costs and expenses of and incidental to the registration of an order under this article (including any variation or cancellation of the registration) shall be recoverable as if they were sums recoverable under the order.
6
In this article and article 19 “the court” means —
a
in the Island of Alderney, the Court of Alderney;
b
in the Island of Sark, the Court of the Seneschal of Sark; and
c
elsewhere in Guernsey, the Royal Court.
Proceedings to determine the ownership of property
19
Where the Secretary of State receives a request from either of the International Tribunals to determine the ownership of property or the proceeds of property and the property is, or, as the case may be, the proceeds are, believed to be in Guernsey, he may make an application to the court for a decision as to the ownership of the property or proceeds.
Immunities and privileges
20
1
The International Tribunals, the judges, the Prosecutor and his staff and the Registrar and his staff shall enjoy the like immunities and privileges (subject to any consequential modifications and adaptations) as are enjoyed by them in the United Kingdom as set out in the United Nations and International Court of Justice (Immunities and Privileges) Order 1974 (“the 1974 Order ”) as follows —
a
the International Tribunals shall enjoy the immunities and privileges set out in articles 5 to 13 of the 1974 Order as they apply to the United Nations;
b
the judges, the Prosecutor and the Registrar shall enjoy the immunities and privileges set out in article 15(1) and (2) of the 1974 Order as they apply to high officers of the United Nations;
c
staff of the Prosecutor and of the Registrar shall enjoy the immunities and privileges set out in article 16 of the 1974 Order as they apply to officers of the United Nations.
2
Except in so far as in any particular case any immunity is waived by the International Tribunal concerned, counsel, advocates, solicitors and witnesses shall enjoy immunity from suit and legal process in respect of words spoken or written and documents or other evidence submitted by them before or to either of the International Tribunals.
PART IV
SUPPLEMENTARY PROVISIONS
Warrants of arrest
21
1
For the purposes of any enactment or rule of law relating to warrants of arrest but subject to any other provisions of this Order —
a
a warrant endorsed in accordance with article 4,
b
a provisional warrant issued under article 5, and
c
a warrant issued under article 8,
in Guernsey shall be treated as if it were a warrant for the arrest of a person charged with an offence committed in Guernsey.
2
A warrant mentioned in paragraph (1) may be executed in any part of Guernsey and may be so executed by any officer of police.
3
A person arrested under a warrant mentioned in paragraph (1) shall be deemed to continue in legal custody until, in accordance with this Order, he is brought before a competent court; and article 23 shall accordingly apply in relation to that person as it applies in relation to a person in respect of whom a delivery order or transfer warrant is in force.
Proceedings before a competent court under article 6, 8 or 9
22
For the purposes of proceedings under article 6, 8 or 9, a competent court shall have the like powers, including power to adjourn the case and meanwhile to remand the person arrested either in custody or on bail, as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by that person.
Legal custody
23
1
A person in respect of whom a delivery order or transfer warrant is in force shall be deemed to be in legal custody at any time when, being in Guernsey or on board —
a
any vessel registered or required to be registered under any enactment for the time being in force in Guernsey,
b
any British-controlled aircraft or hovercraft (within the meaning of section 92 of the Civil Aviation Act 1982 or, as the case may be, that section as applied to hovercraft by virtue of provision made under the Hovercraft Act 1968 , or
c
any ship, aircraft or hovercraft belonging to, or exclusively employed in the service of, Her Majesty in right of the Government of the United Kingdom,
he is being taken under the order or warrant to or from any place or is being kept in custody under the order or warrant or, pending the execution of the order or warrant, on remand.
2
A person authorised by or for the purposes of a delivery order or transfer warrant to take another person to or from any place or to keep that person in custody shall have all the powers, authority, protection and privileges —
a
of an officer of police in the part of Guernsey in which that person is for the time being, or
b
if he is outside Guernsey, of an officer of police in the part of Guernsey to or from which the other person is to be taken.
3
If a prisoner or any person who is in custody by virtue of this Order escapes or is unlawfully at large, he may be arrested without warrant by an officer of police and taken to any place where or to which, by virtue of this Order, he is required to be or to be taken.
Custodial sentences under Guernsey law
24
1
Where in pursuance of this Order a person who is a prisoner is delivered up into the custody of —
a
either of the International Tribunals, or
b
a state where he is to undergo imprisonment under a sentence of either of the International Tribunals,
the prisoner shall continue to be liable to complete any term of imprisonment or detention to which he has been sentenced by a national court; but there shall be counted towards the completion of that term any time during which he is in the custody of that International Tribunal or another state.
2
Where in pursuance of this Order a court orders the discharge of a person who is a prisoner, the discharge is without prejudice to the liability of the prisoner to complete any term of imprisonment or detention to which he has been sentenced by a national court; and accordingly a prisoner to whom such an order relates and whose sentence has not expired shall be transferred in custody to the place where he is liable to be detained under the sentence to which he is subject.
3
Where in pursuance of this Order a delivery order is made or transfer warrant is issued in respect of a person who is a prisoner, the order or warrant may include provision authorising the return of the prisoner into the custody of the Secretary of State —
a
in accordance with arrangements made by the Secretary of State with the Registrar, or
b
in the case of a prisoner taken to a place where he is to undergo imprisonment under a sentence of either of the International Tribunals, in accordance with arrangements made by the Secretary of State with the state where that place is situated,
and for his transfer in custody to the place where he is liable to be detained under the sentence to which he is subject.
Evidence
25
1
For the purposes of this Order and any connected proceedings, an International Tribunal document may be taken to be such a document and to have been duly issued or made (and it shall accordingly be received in evidence without further proof) if —
a
it purports to have been issued or made in accordance with the Statute or the Rules or, in the case of a request to the Secretary of State, for the purposes of this Order, or
b
it is verified by a certificate purporting to be signed by the President of the International Tribunal concerned, the Registrar or the Prosecutor certifying that the document is an International Tribunal document or, as the case may be, a true copy of such a document.
2
In this article “International Tribunal document” means —
a
a warrant, order, summons or other process of either of the International Tribunals,
b
a copy of such warrant, order, summons or other process, or
c
a request to the Secretary of State by either of the International Tribunals,
and the reference to the President of the International Tribunal, the Registrar or the Prosecutor includes a reference to any person lawfully exercising the functions of the President, the Registrar or the Prosecutor, as the case may be.
3
Judicial notice shall be taken of the Statute, the Rules and the seal of each of the International Tribunals.
N. H. Nicholls
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (Amendment) Order 1997 and shall come into force on 1st April 1998.
Amendment of the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988
2
Paragraph (2) of article 3 of the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988 is amended by the substitution for “£100,000” of “£150,000”.
Amendment of the Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) Order 1988
3
Paragraph (2) of article 3 of the Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) Order 1988 is amended by the substitution for “£100,000” of “£150,000”.
Signed by authority of the Secretary of State for the Environment
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
17th November 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
18th November 1997


text:
1
This Order may be cited as the Merchant Shipping (Prevention of Pollution: Substances Other than Oil) (Intervention) Order 1997 and shall come into force on 1st September 1997.
2
The substances prescribed for the purposes of section 138A of the Merchant Shipping Act 1995 (Application of sections 137 and 138 to substances other than oil) are those listed in the Schedule to this Order.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
29th July 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Spacetel International 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:
Preliminary provisions
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Government Pension Scheme (Transitional Provisions) Regulations 1997.
2
They shall come into force on 1st April 1998.
3
They shall apply to the Isles of Scilly as if they were a district in the county of Cornwall and the council of the Isles of Scilly were a council of that district.
Interpretation
2
1
In these Regulations —
“the 1997 provisions ” means the 1997 regulations, these Regulations and the Investment Regulations ;
“the 1997 regulations ” means the Local Government Pension Scheme Regulations 1997 ;
“the commencement date ” means 1st April 1998;
“the common provisions” means regulations 49 and 50 and Part IV of the 1997 regulations and the Investment Regulations;
“the Investment Regulations” means regulations L4 to L8 of the 1995 regulations;
“the old provisions” means the 1995 regulations, the additional regulations specified in Schedule 1 (so far as they relate to the Scheme) and any other regulations relating to the Scheme and made under section 7 or 12 of the Superannuation Act 1972, so far as they continue in effect;
“the replaced provisions” means regulations C1, C21, H1, H3 to H7, M4, M5, M6 and Parts J, K and L of and Schedules C1, K1, K2 and L1 to the 1995 regulations (but not including the Investment Regulations);
“the saved provisions” means the old provisions (other than the replaced provisions), in so far as they remain capable of having effect and subject to the provisions of these Regulations and, in particular, the amendments specified in Schedule 3.
2
For these Regulations, a member must be treated as remaining an active member throughout —
a
a period of maternity absence (as defined in regulation C6(5) of the 1995 regulations);
b
any period which is treated as membership by virtue of regulation B14(1)(b) of those regulations (absence for illness or injury); and
c
any period as respects which a notice under regulation C7(2) of those regulations (trade disputes absence) is served,
whether or not he or she otherwise would be so treated.
3
Paragraph (2) shall not apply as respects any part of such a period which falls after a time when the member ceases to be an active member by virtue of regulation B12 of the 1995 regulations (leaving the Scheme).
4
Subject to the previous provisions of this regulation, expressions used in these Regulations and in the 1997 regulations have the same meaning as in those regulations (unless the context indicates otherwise).
Application of 1997 regulations and old provisions
Cessation of old provisions for active members
3
1
Any person who is an active member of the Scheme immediately before the commencement date shall continue to be an active member on that date and, subject to the provisions of these Regulations, the old provisions shall cease to apply to him.
2
Paragraph (1) shall not apply to any person who ceases to be an active member on March 31st 1998 —
a
by virtue of regulation B12 of the 1995 regulations (leaving the Scheme), or
b
by virtue of leaving local government employment on that date and becoming a pensioner member on the commencement date,
and these Regulations shall apply to any such person as if he had already so ceased immediately before the commencement date.
3
If any person has notified his employer under regulation B12(2) of the 1995 regulations before the commencement date that he wishes to cease to be an active member, but would not (apart from this paragraph) have ceased to be an active member immediately before the commencement date —
a
paragraph (1) shall not apply to him,
b
he shall cease to be such a member on March 31st 1998, and
c
these Regulations shall apply to him as if he had already so ceased immediately before the commencement date.
4
Where (apart from these Regulations) a person away on relevant reserve forces service would be treated under the 1995 regulations as an active member on the commencement date, paragraph (1) shall apply to him, unless as a result of a cancelling notice his relevant reserve forces service on and after the commencement date is not to be treated as such service.
5
Where such a notice is served, these Regulations shall apply to such a person as if he had already ceased to be an active member immediately before the commencement date.
Deferred members and pensioners: general
4
1
Except where these Regulations provide otherwise, in relation to the persons specified in paragraph (2) —
a
the saved provisions shall continue to apply,
b
the common provisions shall apply, and
c
Part II (except regulations 49 and 50) and Parts III and V of the 1997 regulations shall not apply (except in so far as they affect the common provisions).
2
Those persons are —
a
any person who immediately before the commencement date was a deferred member or a pensioner member and does not on or after that date become an active member;
b
any person who is or may become entitled to any benefit under the Scheme in respect of such a person;
c
any other person whose entitlement to the payment of any pension or other benefit has arisen before that date or who may become so entitled by virtue of the death of any person who has died before that date.
Re-employment of members (Schedule D5 to the 1995 regulations etc. )
5
Schedule 2 shall have effect for the purpose of making provision concerning cases where members are re-employed and regulations 3(1) and 4 are subject to that Schedule.
Counting old membership of existing members under 1997 regulations
Entitlement of active members to count old membership
6
Any person who continues as an active member of the Scheme on the commencement date by virtue of regulation 3 may count for regulation 9(1)(d) of the 1997 regulations the same length of membership as the total period he was entitled to count under the old provisions immediately before that date (but see regulations 8 to 13 and Schedule 2).
Entitlement of re-employed members to count old membership
7
1
Any member to whom regulation 3 does not apply who becomes an active member again on or after the commencement date may count for regulation 9(1)(d) of the 1997 regulations the same length of membership as he would have been entitled to count for that regulation if regulation 6 had applied to him (but see Schedule 2).
2
Where paragraph (1) applies to a female member, regulation 9 of these Regulations applies as if she had been an active member immediately before and on the commencement date.
3
But where paragraph (2) applies the resolution under regulation 9(3) of these Regulations must be passed as soon as is practicable after the member becomes an active member again.
4
Where paragraph (1) applies to a member who is entitled to count a period of membership under regulation B14(1)(a) of the 1995 regulations by virtue of regulation 11(5)(c) of these Regulations, for paragraph (1) the member shall be deemed to have been entitled to count that period immediately before the commencement date.
Membership before 1st April 1972
8
1
If immediately before the commencement date a married member —
a
was entitled to count a period of membership before 1st April 1972, and
b
had not made a relevant election as respects that period or had ceased to make payments under it,
for regulation 6 that period of membership or, as the case may be, the unpaid part of it must be reduced to 89 per cent. of its length (but see regulation 10).
2
Paragraph (1) only applies to a female member if she duly elected under regulation E12(1)(b) or (2)(b) of the 1986 regulations (election by wife of dependent and permanently incapacitated husband).
3
A relevant election is an election wholly or partly in respect of membership before 1st April 1972, made or having effect as if made under regulation C13 of the 1995 regulations or made under regulation C8 of the 1986 regulations (payments to avoid reduction of retirement grant and death grant).
4
Where a member to whom paragraph (1) would have applied if he had been married immediately before the commencement date marries on or after that date while he is an active member and before he becomes entitled to benefits under the Scheme, paragraph (1) shall apply to him as if he had been married immediately before that date.
5
Despite anything in these Regulations, a relevant election under which payments were being made immediately before the commencement date shall continue to have effect on and after that date to the extent that it relates to a period of membership before 1st April 1972 (subject to the continuation of payments under it at the same rate as they were made before the commencement date) whether or not immediately before the commencement date the election also related to a later period.
6
But if a member to whom paragraph (1) would have applied apart from his continuing to make payments under a relevant election until the commencement date (“a continuing member”), fails after that date to complete the payments due under that election in respect of membership before 1st April 1972 (otherwise than by virtue of his death or his becoming entitled to a retirement pension under regulation 27 of the 1997 regulations), paragraph (1) shall apply to him as if he had so ceased before the commencement date.
7
If a continuing member —
a
completes the payments due under the election in respect of that membership, or
b
fails to complete them by virtue of his death or his becoming entitled to a retirement pension under regulation 27 of the 1997 regulations,
for regulation 9(1)(d) of those regulations he may count the full period of membership in relation to which he made the election.
8
For paragraph (1) the unpaid part of the period is the part of it in respect of which payments (including payments by instalments of a lump sum) have not been made.
9
Where paragraph (1) applies by virtue of paragraph (6) any payments made on or after the commencement date must be taken into account for paragraph (8).
Women with membership before 6th April 1988
9
1
Any election or notice made or given (or having effect as if made or given) by a female member under any of the provisions specified in paragraph (2) shall, in so far as it relates to membership after 31 March 1972, cease to have effect.
2
Those provisions are —
a
regulations C13 and C14 of the 1995 regulations;
b
paragraphs 1 and 2 of Schedule F1 to those regulations;
c
regulation E6(7) of the 1986 regulations.
3
Where an election made or a notice given by a member to whom regulation 3(1) applies ceases to have effect under paragraph (1), her employing authority must resolve that for regulation 9(1)(d) of the 1997 regulations she may count the period in respect of which the election was made or the notice given as membership after 5th April 1988.
4
Despite anything in these Regulations, an active member who was eligible immediately before the commencement date to make an election under regulation C13 or C14 of the 1995 regulations as respects membership after 31st March 1972 may, with the agreement of her employing authority, make such an election on or after the commencement date.
5
An election made by virtue of paragraph (4) has effect for the purposes of this regulation as if it had been made immediately before the commencement date.
6
A resolution under paragraph (3) must be passed —
a
in a case where it is made on the cessation of an election made by virtue of paragraph (4), before the expiry of the period of six months beginning with the day the employing authority agree to the making of the election), and
b
otherwise, before 1st November 1998.
Certain members with membership before April 1974
10
1
Regulation 6 does not apply to any person to whom regulation E19 of the 1974 regulations applied, but who did not make an election under that regulation before the commencement date.
2
If such a person continues as an active member of the Scheme by virtue of regulation 3, the period he may count for regulation 9(1)(d) of the 1997 regulations is such period as his appropriate administering authority determine to be appropriate.
3
A period is only appropriate if the rights in respect of that period under the 1997 regulations will be at least equal in value to those which cease to apply in respect of the member as a result of the old provisions ceasing to apply to him.
4
If the appropriate administering authority think fit, they must obtain the advice of an actuary appointed by them before making a determination under paragraph (2) and a statement as to the actuarial basis of that advice.
Rights under old provisions affecting membership periods (extra payments, absences etc.)
11
1
Any notice given or having effect as if given or deemed to have been given under —
a
regulation C5(3) or (4) of the 1995 regulations (payments in respect of long periods away from work),
b
regulation C6(3) of those regulations (payments in respect of maternity absence),
c
regulation C7(2) of those regulations (payments in respect of absence owing to trade dispute),
d
regulation C9 of those regulations (payments to increase membership),
by a member to whom regulation 3(1) applies shall cease to have effect (but see regulation 14).
2
Where a member to whom paragraph (1) applies has made any payment under regulation C5(3) or, as the case may be, regulation C6(2)(b), C7(2) or C9(2) of the 1995 regulations in pursuance of the notice, the member’s appropriate administering authority must calculate the period as respects which payment has been made.
3
That authority must notify the member of that period as soon as practicable after the commencement date.
4
The period the member may count for regulation 9(1)(d) of the 1997 regulations includes the period calculated under paragraph (2).
5
Nothing in these Regulations affects —
a
any right of any person who has ceased to be employed before the commencement date to give a notice under regulation C5(3) or C6(3) of the 1995 regulations not later than 30 days after he ceased to be employed,
b
any right of any person who has ceased to be employed before the commencement date (or his personal representatives) to give a notice under paragraph (2) of regulation C7 of those regulations within the period mentioned in paragraph (4) of that regulation, or
c
if such a person as is specified in paragraph (a) or (b) makes a payment in pursuance of the notice, his right to count the period as respects which the payment is made under regulation B14(1)(a) of those regulations.
6
In the case of a notice served under regulation C7(2) of those regulations where the member has died, references in this regulation to the member shall be taken where appropriate as references to the member’s personal representatives.
Rights under Schedule C6 to the 1995 regulations: counting of membership
12
1
Where any member to whom regulation 3(1) applies has any rights to make any payments which remain payable immediately before the commencement date by virtue of paragraph 1(3) of Schedule C6 to the 1995 regulations —
a
those rights shall cease (but see regulation 15);
b
the member’s appropriate administering authority must calculate the period as respects which payment has been made and notify the member of that period as soon as practicable after the commencement date; and
c
the period the member may count for regulation 9(1)(d) of the 1997 regulations includes the period so calculated.
2
The period mentioned in paragraph (1)(c) is such period as his appropriate administering authority determine to be appropriate.
3
A period is only appropriate if the rights in respect of that period under the 1997 regulations will be at least equal in value to the member’s rights in respect of the payments he has made under the old provisions.
4
Where the appropriate administering authority think fit, they must obtain the advice of an actuary appointed by them before making a determination under paragraph (2) and a statement as to the actuarial basis of that advice.
Augmentation
Duty of employing authority to increase total membership of members with membership before the commencement date
13
1
Where a relevant event occurs —
a
in relation to a member who is entitled to count membership by virtue of regulation 6 or 7, or
b
in relation to a member to whom paragraph 6(6) of Schedule 2 applies as respects a period of membership,
the relevant authority must determine whether his rights under the Scheme in respect of that membership are at least equal in value to the rights to which he was entitled immediately before the commencement date (“his 1995 rights”).
2
If the relevant authority determine that a member’s 1995 rights were of a greater value than his rights under the Scheme in respect of the membership mentioned in paragraph (1), they must resolve to increase the member’s total membership for the 1997 regulations by an additional period so that his rights under the Scheme in respect of the membership mentioned in paragraph (1) are at least equal in value to his 1995 rights.
3
But if that additional period would exceed the period which would be the maximum addition under Schedule 4 to the 1997 regulations if the resolution were made under regulation 53 of those regulations —
a
it must be reduced to the amount of the maximum addition, and
b
the relevant authority must resolve that the appropriate multiplier for one or both of the purposes mentioned in regulation 20(2) and (3) of those regulations (calculations of pensions and retirement grants) must be increased accordingly so that (taking the effects of the reduced additional period and the increase in any such multiplier together) his rights under the Scheme in respect of the membership mentioned in paragraph (1) are at least equal in value to his 1995 rights.
4
Before —
a
making a determination under paragraph (1), or
b
determining the additional period under paragraph (2) or the increase in any appropriate multiplier under paragraph (3)(b),
the authority must consider the advice of an actuary if they consider it appropriate.
5
Where the relevant authority have passed a resolution under paragraph (2), the additional period counts as part of the member’s total period of membership for regulation 9(1)(d) of the 1997 regulations.
6
The relevant authority must give notice of the making of such a resolution to the member before the expiry of the period of six months beginning with the relevant date.
7
The relevant authority is —
a
in the case of a member who is an active member when the relevant event occurs, his Scheme employer; and
b
otherwise, his appropriate administering authority or, if there is more than one, the appropriate administering authority in respect of the employment which he left last.
8
A relevant event occurs in relation to a member if —
a
he becomes immediately entitled to payment of a benefit under the 1997 regulations or any other person whose entitlement is in respect of him becomes so entitled; or
b
he applies under section 93A of the Pension Schemes Act 1993 for a statement of entitlement; or
c
he is provided with such information as is mentioned in regulation 119(3) of the 1997 regulations (bulk transfers etc.).
9
The relevant date is —
a
in the case mentioned in paragraph (8)(a), the date on which the amount of the benefit is determined;
b
in the case mentioned in paragraph (8)(b) or (c), the date the member’s membership ceases.
Special provisions about rights relating to old membership
Continuity of elections within regulation 11(1)
14
1
The appropriate administering authority of an active member who has given or is deemed to have given a notice which ceases to have effect under regulation 11(1) must inform him in writing that they propose to treat the notice —
a
as having been given under the corresponding provision of the 1997 regulations, but
b
as if the notice related only —
i
to so much of the amount remaining to be paid in pursuance of the notice as has not been paid before the commencement date, and
ii
to so much of the period as respects which he gave the notice as he may not count by virtue of regulation 11(4), and
c
as enabling the member to make additional contributions at the protected rate.
2
Where a member is so informed, the notice is to be so treated as from the commencement date unless the member (or, in a case where the member has died, his personal representative) has informed his appropriate administering authority in writing before the expiry of the period of three months beginning with that date (or such longer period as they may allow) that he does not wish it to be so treated.
3
Any election by a member to whom regulation 3(1) applies which —
a
was made or had effect as if made under regulation C24 of the 1995 regulations (additional voluntary contributions), and
b
was in effect immediately before the commencement date,
shall continue to have effect as if it had been made under the 1997 regulations.
4
The protected rate is the rate at which the member was making payments by virtue of the notice immediately before the commencement date, expressed as a percentage of his remuneration at that time.
Continuity of rights within regulation 12(1)
15
1
Regulation 14 applies in relation to a right which ceases to have effect under regulation 12(1)(a) as if —
a
that right arose under a notice which ceases to have effect by virtue of regulation 11(1), and
b
the corresponding provision of the 1997 regulations were regulation 55,
(but see the following provisions).
2
If the right arose under regulation D6, D7 or D8 of the 1974 regulations and immediately before the commencement date the member had the right to make any payments by lump sum payable by instalments, then for regulation 14 the protected rate is the rate at which he was paying instalments immediately before the commencement date, expressed as a percentage of his remuneration at that time.
3
Paragraph (1) does not apply in the case of an election made under regulation C8 of the 1986 regulations.
4
Regulation 55(6) of the 1997 regulations does not apply where regulation 55 applies by virtue of paragraph (1), and instead the member’s appropriate administering authority must calculate the amounts of the additional contributions by reference to the preferential rate.
5
The preferential rate is the rate at which the member was making payments (including payments by instalments of a lump sum) by virtue of paragraph 1(3) of Schedule C6 to the 1995 regulations immediately before the commencement date, expressed as a percentage of his remuneration at that time.
Temporary right to pay off liabilities under regulation 15 by capital payment
16
1
A member to whom regulation 14 applies by virtue of regulation 15(1), may make an election to make a capital payment in full satisfaction of his liabilities in respect of any period for which he remains liable to make any payment by virtue of regulation 15(1).
2
Such an election may only be made by notice in writing to the member’s appropriate administering authority before the end of the period of six months beginning with the commencement date.
3
When an administering authority receive such an election they must notify the member of the amount of the capital payment required.
4
But if that capital payment, when aggregated with the member’s total contributions (as mentioned in regulation 16(2) of the 1997 regulations) payable in the tax year in which he makes the election, would exceed the maximum amount so payable by him, such an election is ineffective.
5
Where following a payment under such an election any body’s liabilities in respect of the member under regulation L13 of the 1995 regulations continue by virtue of regulation 20(3), then, despite that regulation, he is entitled to count a period of membership of the same length as if all payments to be made in respect of that period under regulation L13 of the 1995 regulations had been made.
Re-employment after return of contributions: service before 1980
17
1
This paragraph applies to a member if —
a
he left a local government employment after 31st March 1974 and before 1st January 1980 with less than 5 years' total membership;
b
a return of contributions for that employment was made to him; and
c
he has subsequently begun another local government employment (whether before or after the commencement date) in which he is an active member.
2
Despite regulation 9(3) of the 1997 regulations, a member within paragraph (1) may count the period for which the contributions were returned, if he pays the appropriate sum to his appropriate fund in his new employment.
3
That repayment must be made before the expiry of the period of six months beginning with his return to local government employment or such longer period as the authority who returned the contributions and, if different, his appropriate administering authority in his new employment may allow.
4
The appropriate sum is an amount equal to —
a
the amount of returned contributions (net of any tax deducted, but including any increase under regulation K17 of the 1995 regulations or any corresponding earlier provision and any interest paid on the return), plus
b
interest on the amount specified in paragraph (a) for the period beginning with the date the contributions were returned and ending with the date of payment of the appropriate sum.
5
Interest must be calculated —
a
at 6 per cent. compounded with yearly rests for each complete period of a year ending before 1st April 1977; and
b
at 2.25 per cent. compounded with three-monthly rests for each complete period of three months beginning on or after that date.
6
In any case where the whole or part of the period for which the contributions were returned was a period before 1st April 1972 which, if the member had been entitled immediately before the commencement date to count it, would have been reduced under regulation 8, the period which may be counted under paragraph (2) must be similarly reduced.
7
The repayment by a member under paragraph (2) in any tax year must not, when aggregated with his total contributions (as mentioned in regulation 16(2) of the 1997 regulations) payable in that tax year, exceed the maximum amount so payable by him.
Equivalent pension benefits
18
1
This paragraph applies where —
a
when a member left his local government employment he was not entitled in relation to that employment to a retirement pension under regulation 25, 26, 27 or 31 of the 1997 regulations (or any corresponding provision of any earlier regulations) and he receives a return of contributions,
b
the whole or some part of his period of membership was in service in a non-participating employment or in service which relates to employment with a non-local government employer in a non-participating employment,
c
a period of his service in a non-participating employment came to an end by reason —
i
of the repeal of section 56(1) of the National Insurance Act 1965 , or
ii
of the provisions of regulation 2(2) of the National Insurance (Non-Participation Assurance of Equivalent Pension Benefits) Regulations 1960 (as modified by regulation 9(2)(a) or (b) of the National Insurance (Non-participation Transitional Provisions) Regulations 1974 ); and
d
at some time during the settlement period (within the meaning of regulation 2 of those Regulations of 1974) he became, and has remained, assured of equivalent pension benefits.
2
Where paragraph (1) applies, the member is entitled under the 1997 regulations in relation to that employment to an annual retirement pension payable at the rate of the equivalent pension benefits applicable to him in respect of any period of membership —
a
in service in a non-participating employment, or
b
which relates to service with a non-local government employer in a non-participating employment.
3
That pension is payable from the first date on which he —
a
has attained state pensionable age, and
b
is no longer in any local government employment.
4
Where a pension is payable under paragraph (2) to a member who attains state pensionable age for a period of service in a non-participating employment, which counts for the purpose of calculating any benefits payable to the member (other than excepted service), no relevant provision shall apply so as to reduce the pension below the minimum rate of equivalent pension benefits applicable for that period of service under the Insurance Acts.
5
A relevant provision is a provision of the 1997 regulations for the surrender, assignment, reduction, termination or suspension of a pension.
6
Paragraph (4) does not apply to relevant provision for the reduction, termination or suspension of a pension, which is used for a purpose prescribed by regulations made, or deemed to have been made, under section 57(1)(c) of the National Insurance Act 1965 (equivalent pension benefits).
7
For these Regulations and the 1997 regulations, a member to whom paragraph (1) applies shall be treated as having ceased to hold the employment for which he receives a return of contributions on the day before the date of receipt.
8
Entitlement to a pension under paragraph (2) must be disregarded —
a
for regulations 20(4), (6) and (8), 29, 34(1), 38(5), 42, 45(5), 46(7) and 87(1)(a) of the 1997 regulations, and
b
for determining whether a person is at any time a pensioner member or a deferred member.
9
For this regulation a member may count the excess period referred to in regulation 123(1) of the 1997 regulations (service not matched by period credited on transfer into the Scheme).
10
In this regulation —
“non-participating employment” has the same meaning as in section 56(1) of the National Insurance Act 1965;
“excepted service”, in relation to any person, is any earlier period of such service as is mentioned in paragraph (4), being service in respect of which —
a payment in lieu of contributions has been made, or
equivalent pension benefits satisfying the requirements of the Insurance Acts have already been assured to him.
Pension funds and authorities
Pension funds and appropriate fund authorities
19
1
The funds which are appropriate pension funds for the old provisions immediately before the commencement date shall continue to be appropriate pension funds for those provisions and shall be the appropriate funds for the 1997 regulations.
2
Without prejudice to paragraph (1), any liabilities under the old provisions, as they continue to apply by virtue of these Regulations, shall continue to be payable by the appropriate administering authority from the fund which is the appropriate pension fund as respects those liabilities immediately before that date.
3
Where immediately before that date any body is or may become liable to make payments to any such authority or to any pension fund in respect of any liability arising under the old provisions in respect of any person, liabilities in respect of whom continue to arise on or after that date under those provisions, that body shall continue to be the body which is or may become so liable.
4
But where, by virtue of Section B of the Table in Part III of Schedule 5 to the 1997 regulations, on the commencement date —
a
a fund ceases for any purpose to be the appropriate pension fund, and
b
does not become the appropriate fund for that purpose under the 1997 regulations,
then for paragraphs (1) to (3) —
i
the fund which is the appropriate fund under that Section shall be treated as having been the appropriate pension fund immediately before that date, and
ii
accordingly the authority maintaining that fund shall be treated as having then been the appropriate fund authority for that purpose.
Continuation of employers' liability for certain payments
20
1
Nothing in these Regulations affects the liability of any body to make payments under regulation L13 of the 1995 regulations in respect of any member who continues as an active member on the commencement date by virtue of regulation 3(1).
2
But if the member (or his personal representative) informs the relevant authority under regulation 14(2) (as applied by regulation 15(1)) that he does not wish a right which ceases to have effect under regulation 12(1)(a) to be treated as mentioned in regulation 14(1), regulation L13 of the 1995 regulations shall cease to apply in relation to that member’s payments so far as they become due on or after the commencement date.
3
Where, in a case in which payments continue to be made under regulation L13(1) of the 1995 regulations by virtue of paragraph (1), following an election under regulation 16(1) a member makes a capital payment in full satisfaction of his liabilities in respect of any period, any liabilities which any body has in respect of him under that regulation are not affected.
Early retirement of chief officers
21
1
Each new authority must determine the amount of its liability under regulation L15 of the 1995 regulations (extra charges resulting from early retirement of chief officers) immediately before the commencement date.
2
That amount is the aggregate amount —
a
of any sums falling to be paid by it under that regulation as respects any such entitlement as is mentioned in paragraph (1) of that regulation which has arisen on or before that date, and
b
of the actuarial value of the liabilities which would arise under that regulation (apart from its revocation) as respects any such entitlement which has not so arisen.
3
Before 1st July 1998 the new authority must —
a
pay an amount equal to the amount determined by them under paragraph (1) to the relevant fund, or
b
give notice that they wish that amount to be added to the amount required to be paid by them to that fund under regulation 79 of the 1997 regulations (employers' contributions) for the year in which the notice is given.
4
A notice under paragraph (3)(b) must be given in writing to the authority administering that fund.
5
If that authority disagrees with the new authority as to the amount determined by them under paragraph (1), that amount must be determined on the advice of an actuary appointed by the new authority.
6
If the new authority do not comply with paragraph (3), the authority administering the relevant fund may require the new authority to pay interest on the amount due as from 1st July 1998.
7
That interest must be calculated at one per cent. above base rate on a day to day basis to the date of payment and compounded with three-monthly rests.
8
In this regulation —
“the new authority” are the body which is the new authority in relation to the member for —
the Local Government (Retirement of Chief Officers) Regulations 1973 , or
the Water Authorities (Retirement of Chief Officers) Regulations 1974 ; and
“the relevant fund” is the pension fund out of which the member’s benefits are payable (or, in a case where entitlement to the benefits has not arisen on or before the commencement date, would be payable if he had become entitled to them).
Special cases
Civil servants transferred to the Environment Agency
22
1
The 1997 regulations apply with the following modifications to a member who is employed by the Environment Agency as a result of a relevant statutory transfer immediately before which he was a pensionable civil servant.
2
At the end of regulation 13(2) (exclusions from “pay”) add the words
or
h
the amount of any supplement paid by the Environment Agency in recognition of the difference in contribution rates between members of the principal civil service pension scheme and the Scheme.
3
In regulation 31 (early leavers: deferred retirement benefits and elections for early payment) —
a
in paragraph (2) for the words “his employing authority or former employing authority”substitute the words “the Environment Agency”;
b
in paragraph (4) after the word “Actuary” insert the words “as respects members to whom regulation 22 of the Transitional Regulations applies”;
c
in paragraph (7) for “ NRD ” substitute the words “60th birthday”;
d
at the end of paragraph (8) add the words “and the Environment Agency”.
4
The employment with the Environment Agency referred to in paragraph (1) does not count as new employment for regulation 109 (statements of policy concerning abatement of retirement pensions in new employment) or regulation 110 (application of abatement policy in individual cases).
5
The 1997 regulations and these Regulations shall have effect, so long as the member has no disqualifying break in service, as if they conferred on the member the same rights relating to service overseas as he would have enjoyed if he had remained subject to the principal civil service pension scheme.
6
For this regulation a member has a disqualifying break in service if there is a continuous period of at least 12 months during no part of which he is an active member.
7
A relevant statutory transfer in relation to a member is a transfer of his employment —
a
which took place on 1st April 1996 as a consequence of a transfer of functions on that date to the Environment Agency, or
b
which took place as a consequence of a transfer to the Environment Agency of the undertaking in which he was formerly employed to which the Transfer of Undertakings (Protection of Employment) Regulations 1981 apply.
8
A pensionable civil servant is a person who is employed in the civil service of the State and eligible to be a member of the principal civil service pension scheme.
Former NHS scheme members
23
1
The 1997 regulations apply with the modifications mentioned in paragraphs (3) to (5) to a member —
a
who became an active member after being transferred to the employment of a higher education corporation, higher education trust or admission body on or after 1 October 1994 and has remained so with no disqualifying break of service (as defined in regulation 22(6));
b
who immediately before that transfer was eligible to be a member of the pension scheme the rules of which are set out in the National Health Service Regulations (whether or not he was); and
c
in respect of whom no transfer value was accepted under regulation K13 of the 1995 regulations before 28th March 1997.
2
For paragraph (1)(c), interim payments of a transfer value are to be disregarded if the final payment of it was not made.
3
In regulation 31 of the 1997 regulations (early leavers: deferred retirement benefits and elections for early payment) —
a
in paragraph (1) for the words “may elect” substitute the words “is entitled”;
b
omit paragraphs (2) and (3);
c
in paragraph (4) for the words from the beginning to “85 years” substitute the words “If the member has not attained the age of 60”.
4
Regulation 57 of those regulations (effect of additional periods counted under Chapter III of Part III for older members) does not apply to so much of any period counted under that Chapter as is attributable to contributions paid under a contract —
a
which was deemed by paragraph 10(3)(a) of Schedule M2 to the 1995 regulations to have been made pursuant to an election under regulation C9 of those regulations,
b
under which contributions were being made immediately before the commencement date, and
c
which is treated as continuing under regulation 14.
5
For regulation 123 of those regulations (rights as to service not matched by credited period), in the case of the transfer mentioned in paragraph (1) member’s transferred-in service means any service which for the National Health Service Regulations the member was entitled to count in relation to employment in which he was an officer (as defined in those regulations) for determining whether he was entitled to a benefit under those regulations, but for no other purpose.
6
In relation to any person, the National Health Service Regulations means the National Health Service (Superannuation) Regulations 1980 or the National Health Service Pension Scheme Regulations 1995 as in force immediately before his transfer to local government employment.
Overseas employment
24
1
Where any person to whom regulation 3 of the Local Government Superannuation (Overseas Employment) Regulations 1985 applies has not made an election under paragraph (3) of that regulation, the 1997 regulations apply to him with the following modifications.
2
Regulation 31 (early leavers' pensions) does not apply unless his total period of membership is at least 5 years.
3
For paragraph (2) and the provisions mentioned in paragraph (4) he may count the period of overseas employment towards his total membership.
4
Those provisions are —
a
regulation 19(1) (general qualification for benefits);
b
paragraphs (a) and (b) of the definition of “normal retirement date” in regulation 25(4);
c
regulation 41(4) and (5) (amount of active member’s surviving spouse’s long-term pension);
d
regulation 87(1) (return of contributions).
5
In paragraph (3) “the period of overseas employment” means any period which, if Part II of the Superannuation (Local Government and Overseas Employment) Interchange Rules 1969 had applied to him, would have been a period of overseas employment (within the meaning of those rules).
6
His preserved benefits (including any increases under the Pensions (Increase) Act 1971 and the Pensions (Increase) Act 1974 ) are subject to reduction, as if regulations D1(2) (with the substitution for “the appointed day” of “6th January 1986”), D1(3) and K1(7) of the 1974 regulations had continued to have effect.
7
But on a return to local government employment, despite regulation 9(3) of the 1997 regulations, previous service may be counted on repayment of the appropriate sum.
8
Paragraphs (3) to (7) of regulation 17 apply for the purposes of paragraph (7) above as they apply to a repayment under paragraph (2) of that regulation.
Community scheme transferees
25
1
Community scheme transferees and their surviving spouses, dependants and children are entitled to such rights under the Scheme as are specified in guidance issued by the Government Actuary.
2
A Community Scheme transferee is a person —
a
who became employed by a Community institution after having been employed in local government employment,
b
in respect of whom the scheme managers of the Communities' scheme were paid a transfer value under Chapter IV of Part IV of the Pension Schemes Act 1993 or Part K of the 1995 regulations or any corresponding earlier provisions, and
c
whose fund authority (as defined in regulation 116 of the 1997 regulations) have been repaid for the credit of their pension fund an amount which in accordance with that guidance may be treated as equivalent to that transfer value.
3
The rights to which any person is entitled by virtue of guidance under this regulation must not be less valuable than those to which he would have been entitled if regulation K12 of the 1995 regulations still applied to him.
Supplementary provisions
Cost of resolutions
26
Any extra charge on an appropriate fund resulting from a resolution under these Regulations by an authority in relation to any member must be repaid to the fund by that authority.
Minor and consequential amendments
27
The provisions specified in Schedule 3 shall have effect with the amendments made by that Schedule.
Transitional and transitory provisions and savings
28
1
Schedule 4 shall have effect for the purpose of making transitional and transitory provision and savings.
2
Nothing in that Schedule affects the general operation of sections 16 and 17 of the Interpretation Act 1978 (as applied by section 23 of that Act).
Revocations
29
The replaced provisions are hereby revoked, but subject to the provisions of these Regulations and, in particular, Schedule 4.
Signed by authority of the Secretary of State
Hilary J Armstrong
Minister of State,
Department of the Environment
30th June 1997


text:
Citation and commencement
1
This Order may be cited as the Bedfordshire and Hertfordshire Ambulance and Paramedic Service National Health Service Trust (Establishment) Amendment Order 1997 and shall come into force on 15th January 1997.
Amendment of NHS trust Establishment Order
2
In Article 4 of the Bedfordshire and Hertfordshire Ambulance and Paramedic Service National Health Service Trust (Establishment) Order 1992 for “5 non-executive” there shall be substituted “4 non-executive” and for “5 executive” there shall be substituted “4 executive”..
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under Secretary of State,
Department of Health
3rd January 1997


text:
Title and commencement
1
This Order may be cited as the Southern Sea Fisheries District (Constitution of Committee and Expenses) (Variation) Order 1997 and shall come into force on 16th May 1997.
Variation of principal Order
2
1
The Southern Sea Fisheries District Order 1989 shall be varied in accordance with the following paragraphs of this article.
2
For paragraphs (1), (2) and (3) of article 2 there shall be substituted the following new paragraphs —
2
1
There shall continue to be a sea fisheries district comprising so much of the sea within the national waters of the United Kingdom adjacent to England and so much of the sea within six nautical miles from the baselines from which the breadth of the territorial sea of the United Kingdom adjacent to England is measured, with the adjoining coast, as lies within the following limits, namely, on the east, a line drawn along the western side of the road-bridge leading from Langstone to Hayling Island in the county of Hampshire and continued from the southern extremity of the said bridge straight to the flagstaff of the Hayling Island coastguard station (latitude 50 degrees 46.90 minutes north, longitude 000 degrees 58.18 minutes west), and thence seawards in a true southerly direction, being the western boundary of the Sussex Sea Fisheries District; and on the west, a line drawn true south from the seaward extremity of the boundary between the counties of Dorset and Devon near Lyme Regis (longitude 2 degrees 56.70 minutes west), being the eastern boundary of the Devon Sea Fisheries District.
2
Save as provided in article 2(3) below, the sea fisheries district shall not extend above a line drawn at or near the mouth of every river or stream flowing into the sea or into any estuary, or of any estuary within the limits of the said district, as follows: —
A line at or near the mouth of the River Avon drawn true south-east from the south-easternmost corner of Haven House Inn, Mudeford Quay (latitude 50 degrees, 43.41 minutes north, longitude 001 degrees 44.40 minutes west) to a point 610 metres distant therefrom (latitude 50 degrees 43.18 minutes north, longitude 001 degrees 44.03 minutes west) thence continued straight in a north-easterly direction to a point (latitude 50 degrees 43.92 minutes north, longitude 001 degree 42.75 minutes west) true south of and 610 metres distant from the south-westernmost corner of Highcliffe Castle and thence true north to that corner (latitude 50 degrees 44.23 minutes north, longitude 001 degree 42.79 minutes west);
A line at or near the mouth of the River Trent or Piddle across the said river, along the eastern side of the road-bridge leading from Wareham to Wareham Railway Station;
A line at or near the mouth of the River Frome across the said river, along the eastern side of the road-bridge leading from Wareham to Stoborough;
A straight line at or near the mouth of the River Wye from the seaward extremity of South Pier (latitude 50 degrees 36.54 minutes north, longitude 002 degrees 26.40 minutes west) to the seaward extremity of North Pier (latitude 50 degrees 36.56 minutes north, longitude 002 degrees 26.56 minutes west);
A straight line across every such river or stream not herein before specified, such line being drawn at the limit of ordinary high water.
3
The sea fisheries district shall extend north of a line from Hill Head to Stansore Point to include the port of Southampton as defined in section 5 of the Southampton Harbour Act 1887 (except that for the purposes of this Order the port shall include the River Hamble above Bursledon bridge so far as it is tidal) and shall include such part of the area of the sea known as “The Fleet” as extends from Portland Harbour to the eastern boundary of the parish of Abbotsbury, being a line drawn 201 degrees true across the fleet from a position 50 degrees 38.22 minutes west on the northern shore, which is the boundary of that parish for the purposes of the Local Government Act 1972 , at the date of the making of this Order.
.
3
For Schedule 1 there shall be substituted the Schedule set out in the Schedule to this Order.
Elliot Morley
Minister of State, Minister of Agriculture, Fisheries and Food
15th May 1997


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