text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Southwark) Red Route Experimental Traffic Order 1997, and shall come into force on 5th January 1998.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, The Southwark (Waiting and Loading Restriction) Order 1976 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in The A205 Trunk Road (Southwark) Red Route Experimental Traffic Order 199-only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
15th December 1997


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Legal Aid (Mediation in Family Matters) Regulations 1997 and shall come into force on 1st May 1997.
2
In these Regulations, unless the context otherwise requires —
“Area Director” has the meaning assigned to it in the Civil Legal Aid (General) Regulations 1989 ;
“client” means a person seeking or receiving mediation;
“disability working allowance” means a disability working allowance under the Social Security Contributions and Benefits Act 1992 ;
“family credit” means family credit under the Social Security Contributions and Benefits Act 1992;
“income-based jobseeker’s allowance” has the meaning given by section 1(4) of the Jobseekers Act 1995 , but excludes any sum treated as payable by way of a jobseeker’s allowance by virtue of section 26 of that Act;
“income support” means income support under the Social Security Contributions and Benefits Act 1992.
Applications
2
1
An application for mediation under Part IIIA of the Legal Aid Act 1988 shall be made in accordance with the provisions of these Regulations to the mediator from whom mediation is sought.
2
The application under paragraph (1) shall be made by the client in person.
3
Where a client makes an application under paragraph (1), he shall provide the mediator with the information necessary to enable the mediator to determine: —
a
his disposable capital;
b
where appropriate, whether he is in receipt of income support, income-based jobseeker’s allowance, family credit or disability working allowance, and
c
where he is not in receipt of income support, income-based jobseeker’s allowance, family credit or disability working allowance, his disposable income.
4
The information required by this regulation shall be furnished on a form approved by the Board.
Eligibility for mediation to which regulation 2 applies
3
A client is eligible for mediation under regulation 2 if his weekly disposable income does not exceed £166, and his disposable capital does not exceed £3,000.
Assessment of disposable income and disposal capital
4
1
Subject to paragraphs (4) and (5), a mediator to whom an application under regulation 2 is made shall assess the disposable income and disposable capital of the client and, where appropriate, of any person whose financial resources may be treated as those of the client.
2
The assessment under paragraph (1) shall be made in accordance with Schedule 2 to the Legal Advice and Assistance Regulations 1989 with the modifications set out in paragraph (3).
3
For the purposes of these Regulations, Schedule 2 to the Legal Advice and Assistance Regulations 1989 shall be modified as follows: —
a
any references to a solicitor shall be references to a mediator;
b
“client” shall have the meaning assigned to it by regulation 1(2) of these Regulations;
c
any references to advice and assistance shall be references to mediation;
d
any references to a contribution shall be omitted;
e
in paragraph 11 of Schedule 2 “for all purposes” shall be omitted.
4
Where the mediator is satisfied that any of the persons whose disposable incomes are to be assessed under paragraph (1) is directly or indirectly in receipt of income support, income-based jobseeker’s allowance, family credit or disability working allowance, he shall take that person’s disposable income as not exceeding the sum for the time being specified in regulation 3.
5
Where, in the case of an application to which regulation 2 applies, the mediator is satisfied that any of the persons whose disposable capital is to be assessed under paragraph (1) is directly or indirectly in receipt of income support or income-based jobseeker’s allowance, he shall take that person’s disposable capital as not exceeding the capital sum specified in regulation 3.
6
The mediator shall not provide mediation to any person until the form referred to in regulation 2(4) has been signed by the client and until the mediator has assessed disposable income and disposable capital in accordance with paragraphs (1) and (2).
Disclosure of information
5
Notwithstanding the relationship between or rights of a mediator and client or any privilege arising out of such relationship, the mediator shall not be precluded from disclosing to any person authorised by the Board to request it, any information which relates to mediation provided to a client or former client of his where that client is or was a legally assisted person which is requested for the purpose of enabling the Board to discharge its functions under the Legal Aid Act 1988.
Mackay ofClashfern , C.
Dated 21st March 1997
We consent,
Bowen Wells
Gyles Brandreth
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 24th March 1997


text:
1
This Order may be cited as the Hydrographic Office Trading Fund (Variation) Order 1997 and shall come into force on 1st July 1997.
2
The Hydrographic Office Trading Fund Order 1996 shall be varied —
a
in article 4(2) by substituting “£264,807 representing 0.97 per cent” for “5.1 per cent”;
b
in article 4(3) by substituting “£13,266,833 representing 49.5 per cent” for “47.3 per cent”.
George Robertson
Secretary of State for Defence
1st June 1997
We concur
Jon Owen Jones
John McFall
Two of the Lords Commissioners of Her Majesty’s Treasury
4th June 1997


text:
Citation and commencement
1
These Regulations may be cited as the Council Tax (Administration and Enforcement) (Amendment) Regulations 1997 and shall come into force on 18th March 1997.
Amendment of principal regulations
2
The Council Tax (Administration and Enforcement) Regulations 1992 are amended as provided below.
Notices in respect of earlier periods
3
In regulation 18(2) (demand notices), for the words from ‘and the preceding financial year’ to the end of the paragraph there is substituted ‘and any preceding financial year, nothing in paragraph (1) shall require a billing authority to serve more than one notice’.
Reminder notices
4
In regulation 23 (reminder notices) —
a
in paragraph (1) —
i
in sub-paragraph (b), after the words ‘a Part II scheme’ there is inserted ‘or a determination under regulation 21(7)’;
ii
at the end of sub-paragraph (c) there is inserted ‘or determination’; and
b
in each of paragraphs (3) and (4), after the words ‘the estimated amount’ there is inserted ‘(or, as the case may be, the chargeable amount)’.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
17th February 1997
Signed by authority of the Secretary of State
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
18th February 1997


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1997 and shall come into force on 1st April 1997.
2
The Motor Vehicles (Driving Licences) (Heavy Goods and Public Service Vehicles) Regulations 1990 are hereby revoked.
3
The Motor Vehicles (Driving Licences) Regulations 1996 shall be amended in accordance with the following regulations.
4
1
Regulation 3 (Interpretation) shall be amended as follows.
2
In paragraph (1) —
a
before the definition of “appropriate driving test”, there shall be inserted —
“ambulance” means a motor vehicle which —
is constructed or adapted for, and used for no other purpose than, the carriage of sick, injured or disabled people to or from welfare centres or places where medical or dental treatment is given, and
is readily identifiable as such a vehicle by being marked “Ambulance” on both sides;
;
b
in the definition of “mobile project vehicle”, the words “for children” shall be omitted;
c
for the definition of “power to weight ratio” there shall be substituted —
“power to weight ratio”, in relation to a motor bicycle, means the ratio of the maximum net power output of the engine of the vehicle to its weight (including the weight of any side-car) with —
a full supply of fuel in the tank,
an adequate supply of other liquids needed for its propulsion, and
no load other than its normal equipment, including loose tools;
.
3
For paragraph (2)(a) there shall be substituted —
ii
surrendered to the Secretary of State or is revoked otherwise than by notice under section 93(1) or (2) of the Traffic Act (revocation because of disability or prospective disability), or
.
5
In regulation 4(1) (Licence groups), for “regulation 5” there shall be substituted “regulations 5 and 71A”.
6
In regulation 5 —
a
in paragraph (1), after the words “passed a test”, there shall be inserted “for a licence”;
b
in paragraph (2), for the words “an application”, in each place where they occur, there shall be substituted “a person applying”.
7
For regulation 6 there shall be substituted the provisions set out in Schedule 1 to these Regulations.
8
1
Regulation 7 (Minimum ages for holding or obtaining licences) shall be amended as follows.
2
For paragraph (2)(a) there shall be substituted —
a
a case where a person has passed a test for a licence authorising the driving of a motor vehicle of a class included in category A, other than sub-category A1, and the standard access period (as defined in regulation 20) has elapsed, and
.
3
For paragraph (4) there shall be substituted —
4
In item 5 (small vehicles), the age of 16 is substituted for the age of 17 in the case of a small vehicle driven without a trailer attached where the driver of the vehicle is a person in respect of whom an award of the higher rate component of the disability living allowance made in pursuance of section 73 of the Social Security Contributions and Benefits Act 1992 (whether before or after his 16th birthday) is still in force.
.
4
In paragraph (6), at the end, there shall be inserted —
and which is owned or operated by —
a
a health service body (as defined in section 60(7) of the National Health Service and Community Care Act 1990 ), or
b
a National Health Service Trust established under Part I of that Act or under the National Health Service (Scotland) Act 1978 .
5
For paragraph (8) there shall be substituted —
8
In item 7, the age of 18 is substituted for the age of 21 in the case of a person who is registered as an employee of a registered employer in accordance with the Training Scheme, where he is driving a vehicle which is —
a
of a class to which his training agreement applies, and
b
owned or operated by his employer or by a registered LGV driver training establishment.
.
5
For paragraph (11)(b) there shall be substituted —
b
for the purposes of paragraph (8), “registered”, “training agreement” and “the Training Scheme” have the meanings respectively given in regulation 51;
.
9
In regulation 10(3)(b) (Restrictions on the grant of large goods and passenger-carrying vehicle drivers' licences), for the words from “the number” to “exceeds three”, there shall be substituted “at least one penalty point falls to be taken into account under section 29 of the Offenders Act”.
10
1
Regulation 13(1) (Provisional licences: interpretation) shall be amended as follows.
2
In paragraph (1) —
a
for “Regulations 15 and 16” there shall be substituted “Regulation 15”,
b
in the definition of “qualified driver”, for paragraph (b) there shall be substituted —
b
in any other case, a person who is a relevant licence holder and either —
i
is a member of the armed forces of the Crown acting in the course of his duties for naval, military or air force purposes, or
ii
is at least 21 years of age and has (unless paragraph (2) applies) been a relevant licence holder for an aggregate period of 3 years or more;
, and
c
after the definition of “qualified driver”, there shall be inserted —
“relevant licence holder” means a person who holds —
a full licence (other than an LGV trainee driver’s licence),
a full Northern Ireland licence, or
a Community licence,
authorising him to drive a motor vehicle of the same class as the vehicle being driven by the holder of the provisional licence.
.
3
In paragraph (2), for the words “he shall have held the licence” there shall be substituted “he shall have been a relevant licence holder”.
11
1
Regulation 15 (Conditions attached to provisional licences) shall be amended as follows.
2
In paragraph (2)(a), for “F, G or H” there shall be substituted “F, G, H or K”.
3
In paragraph (7) —
a
for the words “a large motor bicycle” there shall be substituted “a motor bicycle other than a learner motor bicycle”,
b
at the end of sub-paragraph (b) the word “and” shall be omitted,
c
after sub-paragraph (c), there shall be inserted —
, and (d) carrying a valid certificate issued in respect of him by the licensing authority under regulation 60(4)
, and
d
for “reflective or luminous apparel” there shall be substituted “apparel which is fluorescent or (during hours of darkness) is either fluorescent or reflective”.
12
1
Regulation 17 (Full licences not carrying provisional entitlement) shall be amended as follows.
2
For paragraphs (1) and (2) there shall be substituted —
1
The application of sections 98(2) and 99A(5) of the Traffic Act is excluded or limited in accordance with the following paragraphs.
1A
Section 98(2) shall not apply to a full licence which authorises the driving only of motor vehicles adapted on account of a disability, whether pursuant to an application in that behalf made by the holder of the licence or pursuant to a notice served under section 92(5)(b) of the Traffic Act.
1B
Except to the extent provided in paragraph (1C), section 98(2) of the Traffic Act shall not apply to a full licence in so far as it authorises its holder to drive motor vehicles of any class included in category B+E, C+E, D+E or K or in sub-category B1 (invalid carriages), C1 or D1 (not for hire or reward).
1C
The holder of a full licence authorising the driving of only such classes of vehicle included in a category or sub-category as have automatic transmission may drive motor vehicles of all other classes included in that category or sub-category which have manual transmission as if he were authorised by a provisional licence to do so.
2
Subject to paragraphs (3) and (4), the holder of a full licence authorising the driving of motor vehicles of a class included in a category or sub-category specified in column (1) of the table at the end of this regulation may drive motor vehicles of all classes included in a category or sub-category specified, in relation to that category or sub-category, in column (2) of the table as if he were authorised by a provisional licence to do so.
.
3
After paragraph (4), there shall be inserted —
5
The holder of a Community licence to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain only such classes of vehicle included in a category or sub-category as have automatic transmission may drive motor vehicles of all other classes included in that category or sub-category which have manual transmission as if he were authorised by a provisional licence to do so.
6
The holder of a Community licence to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain motor vehicles of a class included in a category or sub-category specified in column (1) of the Table at the end of this regulation may drive motor vehicles of all classes included in a category or sub-category specified, in relation to that category or sub-category, in column (2) of the Table as if he were authorised by a provisional licence to do so.
.
4
At the end of the Table there shall be inserted —
P A, B, F and K
.
13
1
Regulation 21 (Persons by whom practical and unitary tests may be conducted) shall be amended as follows.
2
In paragraph (1) —
a
in paragraph (c), for the words “members of any such brigade” to the end of the paragraph there shall be substituted “members of the brigade of which he is the chief officer”, and
b
in paragraph (d), for the words “a police force” there shall be substituted “the police force of which he is the chief officer”.
3
In paragraph (3)(a), for the words “by that person or by the members of that class” there shall be substituted “by the applicant”.
14
1
Regulation 22 (Persons by whom theory tests may be conducted) shall be amended as follows.
2
In paragraph (1) —
a
in paragraph (c), for the words “a police force” there shall be substituted “the police force of which he is the chief officer”, and
b
in paragraph (d), for the words “members of any such brigade” to the end of the paragraph there shall be substituted “members of the brigade of which he is the chief officer”.
3
In paragraph (2)(b), after “person”, there shall be inserted “or class of persons”.
4
In paragraph (3)(a), for the words “by that person or by the members of that class” there shall be substituted “by the applicant”.
5
In paragraph (7) —
a
after “person”, there shall be inserted “or class of persons”;
b
for the words “a candidate’s ability to drive vehicles” there shall be substituted “a candidate’s knowledge and understanding of driving theory”.
15
In regulation 23(1)(a) (Revocation of authority to conduct tests), for “22(1)(a)” there shall be substituted “regulations 21(1)(a) and 22(1)(a)”.
16
1
Regulation 27(1) (Fees in respect of practical or unitary tests) shall be amended as follows.
2
In paragraph (1), for the words “sub-paragraphs (b), (c), (d), (f) or (g) or under paragraph (2)(b) of regulation 21(1)” there shall be substituted “regulation 21(1)(b), (c), (d), (f) or (g) or (2)(b)”.
3
In paragraph (6), for “£28.50”, there shall be substituted “£31.00”.
17
In regulation 28(1)(c) (Applications for theory tests: applicants in person), the words “if any” shall be omitted.
18
1
Regulation 29 (Applications for theory tests: motor bicycle instructors) shall be amended as follows.
2
In paragraph (1)(c) the words “if any” shall be omitted.
3
In paragraph (2), for the words “practical or unitary” there shall be substituted “theory”.
19
In regulation 30(1)(c) (Applications for theory tests: large vehicle instructors), the words “if any” shall be omitted.
20
1
Regulation 33 (Vehicles suitable for test) shall be amended as follows.
2
For paragraph (1) there shall be substituted —
1
Subject to paragraph (2), the prescribed practical or unitary test for a licence authorising the driving of vehicles included in a category shown in column (1) of the Table at the end of this regulation must be conducted in a vehicle having a specification equivalent to or (except in the case of a test prescribed in respect of category F, G, H, K or P) higher than that shown in relation to that category in column (2) of the Table.
1A
Subject to paragraph (2), the prescribed practical test for a licence authorising the driving of vehicles included in a sub-category shown in column (1) of the Table at the end of this regulation must be conducted in a vehicle having a specification equivalent to or higher than that shown in relation to that sub-category in column (2) of the Table.
.
3
In paragraph (2) —
a
for the words from the beginning of the paragraph to “that the applicant” there shall be substituted “Where an applicant for a practical test prescribed in respect of category A declares that he”,
b
at the end of sub-paragraph (a), the word “and” shall be omitted, and
c
for sub-paragraph (b) there shall be substituted —
b
in the case of a test for a licence authorising the driving of a standard motor bicycle and side-car combination (other than a combination included in sub-category A1), a combination which has a power to weight ratio not exceeding 0.16 kw/kg., and
c
in the case of a test for a licence authorising the driving of a motor bicycle and side-car combination included in sub-category A1, a combination consisting of a minimum test vehicle for that sub-category and a side-car where the combination has a power to weight ratio not exceeding 0.16 kw/kg.
.
3
In paragraph (3)(d), after “D” there shall be inserted “or D+E”.
4
In the Table at the end, in column (1) after “B1”, the words “in the case of any other test” shall be omitted.
21
1
Regulation 34 (Further requirements at tests) shall be amended as follows.
2
In paragraphs (2)(a)(ii) and (4)(b), for the words “in the case of a person who produces an appropriate licence which does not contain his photograph”, there shall be substituted “except where he has produced a licence containing his photograph”.
3
In paragraph (5), for “9(2)” there shall be substituted “9(1)”.
4
In paragraph (7), for “A, G, H or P”, in both places where they occur, there shall be substituted “A, G, H, K or P”.
5
In paragraph (8), in the definition of “appropriate licence”, —
a
for “section 98(2)”, there shall be substituted “section 98”, and
b
at the end there shall be inserted —
, or
iv
a Community licence and counterpart which, by virtue of section 99A of the Traffic Act and regulation 17, authorise that person to drive motor vehicles of that class subject to the same conditions as if he were so authorised by a provisional licence.
.
22
1
Regulation 35 (Examiner’s right to refuse to conduct test) shall be amended as follows.
2
For paragraph (2) there shall be substituted —
2
Where a person —
a
fails to produce an appropriate licence as required under paragraph (2)(a)(i) or (4)(a) of regulation 34, or
b
where he has submitted himself for a practical test, fails to produce a document required to be produced under paragraph (3) or (6) of that regulation,
if the person authorised to conduct the test —
i
is satisfied from other evidence that the document in question exists, and
ii
in the case of a person who has failed to produce a licence, is satisfied that the requirements of regulation 34(2)(a)(ii) or (4)(b) have been complied with,
he may conduct the test.
.
3
For paragraph (4) there shall be substituted —
4
Where a person who requires the assistance of an interpreter at the theory test attends at the test with an interpreter who —
a
is not approved by the licensing authority to act as such, or
b
appears to be acquainted with the test candidate,
the person authorised to conduct the test must refuse to do so.
.
23
1
Regulation 36 (Nature of tests other than extended tests) shall be amended as follows.
2
In paragraph (7) —
a
for a “written examination” there shall be substituted “an approved form of examination”, and
b
at the end there shall be inserted “and an approved form of examination is one which is conducted in writing or by means of data recorded on equipment operating automatically in response to instructions given by the candidate”.
24
In regulation 37(2) (Nature of extended tests) —
a
for “paragraph (5)(b)” there shall be substituted “paragraph (6)(b)(ii)”, and
b
for “(b)” there shall be substituted “(ii)”.
25
1
Regulation 39 (Exemption from theory test) shall be amended as follows.
2
In paragraph (1), for sub-paragraphs (b) to (e) there shall be substituted —
or
b
he holds a full licence authorising the driving of motor vehicles either of another class included in category A or of a class included in category B; or
c
he has passed a Northern Ireland test of competence corresponding to the test mentioned in sub-paragraph (a), or is the holder of a Northern Ireland licence corresponding to a licence mentioned in sub-paragraph (b); or
d
he has passed a test for a licence authorising the driving of motor vehicles either of another class included in category A or of a class included in category B and is in either case a full-time member of the armed forces of the Crown.
.
3
In paragraph (2), for sub-paragraphs (b) to (e) there shall be substituted —
or
b
he holds a full licence authorising the driving of motor vehicles either of another class included in category B or of a class included in category A; or
c
he has passed a Northern Ireland test of competence corresponding to the test mentioned in sub-paragraph (a) or is the holder of a Northern Ireland licence corresponding to the licence mentioned in sub-paragraph (b); or
d
he has passed a test for a licence authorising the driving of motor vehicles either of another class included in category B or of a class included in category A and is in either case a full-time member of the armed forces of the Crown.
.
4
In paragraph (3), for sub-paragraphs (a) to (c) there shall be substituted —
a
he holds a full licence authorising the driving of motor vehicles of another class included in category C, other than a licence authorising the driving only of vehicles of a class included in sub-category C1 which was in force at a time before 1st January 1997, or a Northern Ireland licence corresponding to such a licence; or
b
on or after 1st January 1997, he has passed a test for a licence authorising the driving of motor vehicles of another class included in category C and is a full-time member of the armed forces of the Crown.
.
5
In paragraph (4), for sub-paragraphs (a) to (c) there shall be substituted —
a
he holds a full licence authorising the driving of motor vehicles of another class included in category D other than —
i
vehicles of a class included in sub-category D1 (not for hire or reward), and
ii
vehicles in category D which are driven otherwise than for hire or reward;
or a Northern Ireland licence corresponding to such a licence; or
b
on or after 1st January 1997, he has passed a test prescribed in respect of motor vehicles of another class included in category D and is a full-time member of the armed forces of the Crown.
.
6
In paragraph (5), the words “the day following the date on which” shall be omitted.
26
1
Regulation 40 (Entitlement on passing a test other than an appropriate driving test) shall be amended as follows.
2
In paragraph (1) —
a
after the words “passes a test”, there shall be inserted “(other than an appropriate driving test)”, and
b
for the words “of a class of motor vehicle included in any category or sub-category” there shall be substituted “any category for a licence which (by virtue of regulation 33) authorises the driving of motor vehicles included in that category or in a sub-category thereof”.
3
Paragraphs (2)(b) and (3)(b) shall be omitted.
4
In paragraph (3)(a), after the words “it shall” there shall be inserted “(subject to paragraph (4))”.
5
At the end, there shall be inserted —
4
Where the additional category is F, K or P, paragraph (3)(a) shall not apply
.
27
1
Regulation 42 (Upgrading of entitlements) shall be amended as follows.
2
In paragraph (1), for the words “tests prescribed in respect of” there shall be substituted “tests for a licence authorising the driving of motor vehicles included in”.
3
For paragraph (3) there shall be substituted —
3
A person who has passed a test for a licence authorising the driving of —
a
motor vehicles included in a category or sub-category specified in column (A) of Table B in Schedule 9 which have automatic transmission, and
b
motor vehicles included in a category or sub-category specified at the head of one of the columns in that table numbered (1) to (8) which have manual transmission,
is, subject to paragraph (7), deemed competent to drive in addition to the classes of vehicle in respect of which the tests were passed all vehicles included in the category or sub-category shown in the relevant numbered column of Table B in relation to the relevant test pass mentioned in column (A).
.
4
In paragraph (8), “B” shall be omitted.
5
For paragraph (9) there shall be substituted —
9
Where a person, who is the holder of a licence which authorises the driving of motor vehicles included in categories B and B+E and sub-categories C1, C1+E (8.25 tonnes), D1 (not for hire or reward) and D1+E (not for hire or reward) which have automatic transmission, passes a test prescribed in respect of category B, B+E, C or D which authorises the driving of vehicles with manual transmission, he is deemed competent to drive vehicles in category B+E and in sub-categories C1, C1+E (8.25 tonnes), D1 (not for hire or reward) and D1+E (not for hire or reward)) which have manual transmission.
9A
Where a person has passed tests for a licence authorising the driving of —
a
motor vehicles included in category B (other than sub-category B1) having automatic transmission, and
b
motor vehicles included in category B+E, C or D having manual transmission,
he is deemed competent to drive vehicles in category B which have manual transmission.
.
28
1
Regulation 43 (Entitlement on passing an appropriate driving test) shall be amended as follows.
2
In paragraph (1), for the words “prescribed in respect of” there shall be substituted “for a licence authorising the driving of”.
3
Paragraphs (2)(b) and (3)(b) shall be omitted.
4
In paragraph (3)(a), after the words “the disqualification shall” there shall be inserted “(subject to paragraph (4A))”.
5
After paragraph (4), there shall be inserted —
4A
Where the test is conducted on a motor vehicle of a class included in category A and the additional category is K or P, paragraph (3)(a) shall not apply.
.
6
In paragraph (5), after “B”, there shall be inserted “(other than sub-category B1)”.
29
In regulation 45(5) (Practical test pass certificate forms), at the end, there shall be inserted “and, in the case of forms supplied to persons authorised under regulation 21(1)(f) or (g), the licensing authority may make a charge of £10.00 per form”.
30
In regulation 46(1) (Traffic Act Part III: prescribed classes of goods and passenger-carrying vehicle, for “89A(5)”, there shall be substituted “89A(3)”.
31
1
Regulation 47 (Traffic Act Part IV: prescribed classes of goods and passenger-carrying vehicle) shall be amended as follows.
2
For paragraph (2) there shall be substituted —
2
Part IV of the Traffic Act and regulations 51 to 54 shall not apply to a passenger-carrying vehicle manufactured more than 30 years before the date when it is driven and not used for hire or reward or for the carriage of more than 8 passengers.
2A
Part IV of the Traffic Act and regulations 51 to 54 shall not apply to a passenger-carrying vehicle when it is being driven by a constable for the purpose of removing or avoiding obstruction to other road users or other members of the public, for the purpose of protecting life or property (including the passenger-carrying vehicle and its passengers) or for other similar purposes.
.
3
In paragraph (3), after “117(7)”, there shall be inserted “and 117A(6)”.
32
1
Regulation 48 (Exempted goods and military vehicles) shall be amended as follows.
2
In paragraph (1) —
a
in sub-paragraph (h), for “six miles” there shall be substituted “9.7 kilometres”, and
b
in sub-paragraph (o), the words “large goods” shall be omitted.
3
In paragraph (3), for the definitions of “public road”, “road construction vehicle” and “road construction machinery”, there shall be substituted —
“public road” has the same meaning as in section 62(1) of the Vehicle Excise and Registration Act 1994;
“road construction machinery” means a machine or device suitable for use for the construction and repair of roads and used for no purpose other than the construction and repair of roads; and
“road construction vehicle” means a vehicle which —
is constructed or adapted for use for the conveyance of road construction machinery which is built in as part of, or permanently attached to, that vehicle, and
is not constructed or adapted for the conveyance of any other load except articles and materials used for the purposes of such machinery.
.
33
1
Regulation 51 (LGV drivers' licences issued to persons under 21) shall be amended as follows.
2
In paragraph (1) —
a
in sub-paragraph (a), “either” shall be omitted, and
b
for sub-paragraph (b) there shall be substituted —
b
in the case of a licence holder who is a member of the armed forces of the Crown, he shall drive no vehicle other than one which is owned or operated by the Secretary of State for Defence and is being used for naval, military or air force purposes
.
3
In paragraph (3), after “C+E” there shall be inserted “(other than vehicles included in sub-category C1+E the maximum authorised mass of which does not exceed 7.5 tonnes)”.
4
In paragraph (4), in the definition of “LGV trainee driver’s licence”, after “to a person” there shall be inserted “(other than a member of the armed forces of the Crown) who is”.
34
1
Regulation 55 (Persons by whom approved training courses may be provided) shall be amended as follows.
2
In paragraph (1) —
a
for the words “a police force” there shall be substituted “the police force of which he is the chief officer”, and
b
for the words “by a police authority” there shall be substituted “by the police authority for the area in respect of which he is the chief officer”.
3
For paragraph (2) there shall be substituted —
2
A person may apply to the licensing authority to be approved to provide an approved training course for riders of motor bicycles under paragraph (1)(d), and the licensing authority may, if satisfied that the applicant —
a
is a fit and proper person to conduct courses,
b
will make proper arrangements for the conduct of courses in accordance with these Regulations, and
c
will keep proper records of courses and the results thereof,
give his approval subject to any conditions which he thinks fit to impose.
.
35
1
Regulation 56 (Instructors) shall be amended as follows.
2
In paragraph (2) —
a
in sub-paragraph (a), for “sub-paragraphs (a), (b) and (c)” there shall be substituted “sub-paragraphs (a), (b), (c) and (d)”, and
b
in sub-paragraph (b), for “sub-paragraphs (a) and (c)(ii)” there shall be substituted “sub-paragraphs (a), (b) and (d)(ii)”.
3
For paragraph (3) there shall be substituted —
3
The conditions referred to in paragraph (2) are that —
a
he is a fit and proper person to be an instructor,
b
he holds a full licence to drive vehicles in category A other than vehicles included in sub-category A1, and
c
he has held that licence for an aggregate period of not less than 2 years, and
d
either —
i
he has completed successfully the licensing authority’s assessment course for motor bicycle instructors, or
ii
he has been trained by a certified instructor who has completed such a course successfully
.
4
Paragraph (8) shall be omitted.
5
In paragraph (9) —
a
in sub-paragraph (a), for “sub-paragraphs (a), (b) and (c)” there shall be substituted “sub-paragraphs (a), (b), (c) and (d)”, and
b
in sub-paragraph (b), for “sub-paragraphs (a) and (c)” there shall be substituted “sub-paragraphs (a), (b) and (d)(ii)”.
36
1
In regulation 57(3) (Withdrawal of approval to provide training courses, etc ) for the words from “receiving them” to the end of the paragraph there shall be substituted “receiving the certificate issued under regulation 56(6), return it to the licensing authority”.
37
1
Regulation 58 (Cessation of conduct of training) shall be amended as follows.
2
In paragraph (1), for the words from “receiving them” to the end of the paragraph there shall be substituted “receiving the certificate issued under regulation 56(6), return it to the licensing authority”.
3
In paragraph (2), after “regulation 56(6) and” there shall be inserted “(unless the licensing authority agrees otherwise)”.
38
In regulation 59(1) (Approved training courses conducted on large motor bicycles), for the words “on such a motor bicycle” there shall be substituted “on a motor bicycle other than a learner motor bicycle”.
39
1
Regulation 60 (Certified direct access instructors) shall be amended as follows.
2
For paragraph (1) there shall be substituted —
1
An approved training body may, subject to the following provisions of this regulation, authorise instructors to conduct on his behalf the instruction of persons who hold provisional licences authorising the riding of large motor bicycles in the riding of motor bicycles other than learner motor bicycles
.
3
In paragraph (5), after “at any time” there shall be inserted “by notice in writing”.
4
For paragraph (6)(a) there shall be substituted —
a
is validly authorised by that approved training body to conduct instruction in accordance with paragraph (1), and
.
5
In paragraph (8), at the end, there shall be inserted “as if the references therein to the issue of certificates and the giving or withdrawal of approval were references to the issue of certificates and the giving or withdrawal of approval under this regulation”.
40
In regulation 62(1)(b) (Ratio of trainees to instructors), after “conducted by a”, there shall be inserted “certified”.
41
1
Regulation 63 (Evidence of successful completion of training courses) shall be amended as follows.
2
In paragraph (1), for “a certified direct access instructor”, there shall be substituted “the certified direct access instructor who conducted element (E) of the course”.
3
For paragraph (2) there shall be substituted —
2
A certificate issued under paragraph (1) may not be submitted, in support of an application for a licence, as evidence of the successful completion of that course after the earlier of —
a
the relevant expiry date, and
b
in a case where the person to whom the certificate was given is later disqualified by order of a court under section 36 of the Offenders Act, the date on which the order is made.
2A
In this regulation, “relevant expiry date” means —
a
in the case of a course completed on or before 30th June 1996, 30th June 1999,
b
in the case of a course completed after 30th June 1996, the last day of the period of 3 years commencing with the date of the certificate.
.
42
1
Regulation 64 (Exemptions from Part V) shall be amended as follows.
2
In paragraph (1), at the beginning, there shall be inserted “Subject to paragraph (1A),”.
3
After paragraph (1) there shall be inserted —
1A
Paragraph (1) shall cease to apply to a person if he is disqualified by order of a court under section 36 of the Offenders Act.
.
43
In regulation 65(1) (Licence groups), in the definition of “Group 2 licence”, for “paragraph (2)” there shall be substituted “paragraphs (2) and (3)”.
44
1
Regulation 68 (Disabilities prescribed in respect of Group 2 licences) shall be amended as follows.
2
In paragraph (4), after “There is prescribed” there shall be inserted “for the purposes of section 92(2) of the Traffic Act”.
3
In paragraph (8), after “to be a” there shall be inserted “source of”.
45
In regulation 69(2) (High Risk Offenders), after “paragraph (1)(a)” there shall be inserted “and (b)”.
46
After regulation 71 there shall be inserted —
Saving in respect of entitlement to Category N
71A
1
Where on 31st December 1996 a person was, by virtue of regulations then in force, the holder of, or entitled to apply for the grant of, a licence authorising the driving of vehicles included in —
a
the former category N (vehicles used for very short distances on public roads) alone, or
b
category F or A and the former category N,
the licensing authority may, notwithstanding anything contained in these Regulations, grant to such a person a licence authorising the driving of vehicles in the former category N (with or without vehicles in either or both of the other categories as the case may be).
2
Any licence granted in pursuance of paragraph (1) shall be a Group 1 licence within the meaning of regulation 65.
.
47
In regulation 72 (Saving in respect of mobile project vehicles), for “regulation 6(7)” there shall be substituted “regulation 6(8)”.
48
1
Regulation 74 (Persons who become resident in Great Britain shall be amended as follows.
2
In paragraph (1), after “small vehicle” there shall be inserted “, motor bicycle or moped”.
3
After paragraph (1) there shall be inserted —
1A
A person who becomes resident in Great Britain who is —
a
the holder of a British external licence granted in the Isle of Man or Jersey authorising the driving of large goods vehicles of any class, and
b
not disqualified for holding or obtaining a licence in Great Britain,
shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive large goods vehicles of all classes which he is authorised to drive by that licence.
1B
A person who becomes resident in Great Britain who is —
a
the holder of a British external licence granted in the Isle of Man or Jersey authorising the driving of passenger-carrying vehicles of any class, and
b
not disqualified for holding or obtaining a licence in Great Britain,
shall, during the period of one year after he becomes so resident, be treated for the purposes of section 87 of the Traffic Act as the holder of a licence authorising him to drive passenger-carrying vehicles of all classes which he is authorised to drive by that licence.
.
4
In paragraph (2) —
a
For the words from the beginning of the paragraph to “the following provisions” there shall be substituted
The following enactments relating to licence holders or licences shall apply in relation to —
a
all holders of relevant permits and British external licences as are mentioned in paragraphs (1), (1A) and (1B), or
b
(as the case may be) those permits and licences.
subject to modifications in accordance with the following provisions
, and
b
in sub-paragraph (d), for the words “Licensing authority” there shall be substituted “Secretary of State”.
49
1
Schedule 2 (Categories of vehicle) shall be amended as follows.
2
In column (2), at the end of the description of category A1, the words “but excluding any motor vehicle in category P” shall be omitted.
3
In column (2), in the description of category B, after “A, F” there shall be inserted “, K”.
4
In column (2), in the description of category K, the words “excluding any vehicle in category B” shall be omitted.
50
1
Schedule 3 (Licence fees) shall be amended as follows.
2
In Part 1, after the expression “93(1) and 99C(1) or (3)” in each place where it occurs in paragraphs 3 and 4, there shall be inserted “of the Traffic Act”.
3
In Part 2, in the definition of “short Group 2 licence”, for “licence” there shall be substituted “Group 2 licence”.
51
For the provisions of Schedule 5 (Fees for tests), there shall be substituted the provisions set out in Schedule 2 to these Regulations.
52
In Schedule 6, in the definition of “acceptable person”, after “regulation 56(2)(a))”, there shall be inserted “a commissioned officer in Her Majesty’s Forces,”.
53
1
Schedule 8 shall be amended as follows.
2
In Part 1, section D4, for “police, traffic wardens, etc” there shall be substituted “police and traffic controllers”.
3
In Part 3, section B5, the words “(in the case of a test for a licence authorising the driving of vehicles in category C+E only”) shall be omitted.
4
In Part 4, section B5, the words “(in the case of a test for a licence authorising the driving of vehicles in category D+E only)” shall be omitted.
54
For Schedule 13 there shall be substituted the provisions set out in Schedule 3 to these Regulations.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under-Secretary of State,
Department of Transport
5th March 1997
We approve the making of these Regulations
Patrick McLoughlin
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 1997


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) (Partial Revocation) Order 1997 and shall come into force on 7th February 1997.
Partial Revocation
2
1
The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) Order 1996 is hereby revoked insofar as it applies in relation to whelks which are in the part of the area designated by that Order which is described in the Schedule to this Order.
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
6th February 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Camus an Lighe, Loch Ceann Traigh, Argyll, Oysters and Scallops Several Fishery Order 1997 and shall come into force on 5th December 1997.
2
In this Order–
“the applicant” means John Timothy MacMillan, residing at Rowanmere, Acharacle, Argyll PH36 4JU;
“the grantee” means the applicant and such other person as is for the time being entitled to the right of several fishery conferred by this Order;
“the definitive map” means the map prepared in duplicate, each copy of which is signed by the Secretary of State and marked “Map referred to in the Camus an Lighe, Loch Ceann Traigh, Argyll, Oysters and Scallops Several Fishery Order 1997”, one such copy of which is deposited in the principal office of the Scottish Office Agriculture, Environment and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW and the other such copy of which is deposited at the Post Office, Acharacle, Argyll; and
“the fishery” means that part of the bed of the sea at Camus an Lighe, in Loch Ceann Traigh, Argyll, described in the Schedule to this Order and shown coloured pink on the definitive map.
Right of several fishery
2
Subject to the following provisions of this Order there is hereby conferred on the applicant for a period of 15 years beginning on the date on which this Order comes into force the right of several fishery for oysters and scallops with respect to the whole of the area of the fishery.
Restriction on harvesting
3
The right of several fishery granted by article 2 above is subject to the restriction that the harvesting of oysters and scallops shall be carried out manually by divers.
Assignation
4
The grantee shall not without the prior written consent of the Secretary of State assign or in any other way transfer the right of several fishery to any other person.
Marking of limits of fishery
5
The grantee shall cause to be clearly marked on the bed and on the surface of the sea the limits of the fishery and shall maintain the marks in position and in good repair.
Restriction on deposits
6
The grantee shall not without the written consent of the Secretary of State deposit within the limits of the fishery any oysters of the species ostrea edulis and shall comply with any condition subject to which the Secretary of State gives his consent to the deposit of any such oysters.
Rights of the Crown
7
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the applicant to take, use, enter upon or in any manner interfere with any land, or interest in land, any rights of whatever description (including any portion of the shore or bed of the sea, or of any river channel, creek, bay or estuary) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Sewel
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
4th November 1997


text:
Citation and commencement
1
These Regulations may be cited as the Insurance (Lloyd's) Regulations 1997 and shall come into force on 1st January 1998.
Interpretation
2
In these Regulations —
“the 1982 Act ” means the Insurance Companies Act 1982; and
“the 1983 Regulations ” means the Insurance (Lloyd's) Regulations 1983 .
Financial Resources
3
1
For regulation 3 of the 1983 Regulations (financial resources) substitute —
3
1
In their application to the members of Lloyd’s taken together, section 32 of the Act (margins of solvency) and regulations made for the purposes of that section shall have effect subject to the following modifications.
2
No valuation regulations shall be applicable.
3
The following items shall have no value except in pursuance of a determination made by the Secretary of State pursuant to section 84(1) of the Act, that is to say —
a
those relating to future profits;
b
those relating to zillmerising, that is to say the method known by that name for modifying the net premium reserve method of valuing a long term policy by increasing the part of the future premiums for which credit is taken so as to allow for initial expenses; and
c
those relating to hidden reserves resulting from the under-estimation of assets and the over-estimation of liabilities (other than mathematical reserves).
4
Subject to paragraph (3) above, the value of the assets and the amount of the liabilities of the members of Lloyd’s taken together shall be determined on a basis approved by the Secretary of State.
5
The members of Lloyd’s taken together shall maintain both a global margin of solvency and a combined margin of solvency, calculated as follows —
a
the global margin of solvency shall be the sum arrived at by applying regulation 17(1) of the Insurance Companies Regulations 1994 (margins of solvency: determination) to the members of Lloyd’s taken together, subject to the modifications made to Schedules 3 and 4 to those Regulations (relating to general business margins of solvency) which are set out in Schedule 1 below; and
b
the combined margin of solvency shall be the sum arrived at by aggregating the prescribed surpluses of all such members calculated in accordance with Schedule 1A below.
6
In determining whether at any time the global margin of solvency is maintained by the members of Lloyd’s taken together, account shall be taken of the assets and liabilities of Lloyd’s in addition to the assets and liabilities of the members.
7
In determining whether at any time the combined margin of solvency is maintained by the members of Lloyd’s taken together —
a
the assets and liabilities of members shall be aggregated except that no account shall be taken of the assets of any member to the extent that they exceed the prescribed surplus of that member; and
b
the assets of Lloyd’s shall be taken into account to the extent that they are available to meet the liabilities of any member.
3A
In the application to the members of Lloyd’s taken together of section 33 of the Act (failure to maintain minimum margin) and of regulations made for the purposes of that section, whether in relation to the global or the combined margin of solvency, those regulations shall have effect as if such members taken together were authorised for all classes of general business carried on at Lloyd's.
3B
In the application to the members of Lloyd’s taken together of section 35 of the Act (form and situation of assets) and of regulations made for the purposes of that section, all insurance business carried on by members of Lloyd’s as such members shall be treated as carried on in the United Kingdom except business carried on in accordance with an authority or permission under the laws of another country and included in a return to a supervisory authority in that country.
2
After Schedule 1 to the 1983 Regulations (modifications of Schedules 3 and 4 to the Insurance Companies Regulations 1994), insert Schedule 1A (calculation of prescribed surplus), as set out in Schedule 1 to these Regulations.
Statement of business by Council of Lloyd's
4
In Schedule 3 to the 1983 Regulations (statement of business by Council of Lloyd's) —
a
after paragraph 3 insert —
3A
In the case of any shortfall in the assets of any underwriter which are available to meet the underwriter’s liability in respect of insurance business and the prescribed surplus calculated in accordance with Schedule 1A to the Insurance (Lloyd's) Regulations 1983, there are sufficient assets of Lloyd’s available to meet that shortfall.
;
b
for paragraph 5 substitute the following paragraph —
5
The rules and regulations of Lloyd’s determining the value of assets and the amount of liabilities for the purposes of section 32 of the Insurance Companies Act 1982 have been complied with in respect of every underwriter at Lloyd's.
;
c
omit Form 4;
d
in Form 6 —
i
for the heading substitute “STATEMENT OF SOLVENCY OF UNDERWRITERS AT LLOYD'S (GLOBAL BASIS)”; and
ii
after Note 2 insert the following —
3
The required minimum margin shown above is calculated taking together the business of all underwriters at Lloyd's. The form demonstrates the extent to which the assets of underwriters and Lloyd’s exceed the required minimum margin calculated on that basis.
4
The amounts shown in lines 1 and 6 of Form 6 and line 1 of Forms 6A and 6B respectively are derived from the same underlying syndicate information. However, the figures in Form 6 represent the required minimum margin in respect of general and long term business for the underwriters at Lloyd’s taken together, while those in Forms 6A and 6B are calculated from the aggregate for general and long term business of the prescribed surpluses of every underwriter at Lloyd's.
;
e
after Form 6 insert Forms 6A and 6B as set out in Schedule 2 to these Regulations; and
f
in Form 9 —
i
in line 14, after the words “Central Fund” insert “and New Central Fund”; and
ii
in Note 5 , for the words “Central Fund is a fund” substitute the words “Central Fund and New Central Fund are funds” and for “to which underwriters contribute” substitute the words “contributed to by underwriters”.
Anthony Nelson,
Minister for Trade,
Department of Trade and Industry
8th March 1997


text:
Citation
1
This Order may be cited as the Local Government and Rating Act 1997 (Commencement No. 1) Order 1997.
Commencement of certain rating provisions
2
The following provisions of the Local Government and Rating Act 1997 (“ the act ”) shall come into force on 1st April 1997:
a
section 2;
b
section 33(1), in so far as it relates to the provisions mentioned in paragraph (c) below;
c
in Schedule 3 —
paragraph 2;
paragraph 22 in so far as it relates to paragraph 23;
paragraph 23.
Parish and community council powers and minor amendments
3
The following provisions of the Act shall come into force on 19th May 1997 —
a
Part III;
b
section 33, in so far as it relates to the provisions mentioned in paragraphs (c) and (d) below;
c
in Schedule 3, paragraphs 1 and 11 to 16;
d
in Schedule 4, the repeals set out in the Schedule to this Order.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
26th March 1997


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Lloyd’s Underwriters (Double Taxation Relief) Regulations 1997 and shall come into force on 14th March 1997.
2
These Regulations shall have effect for the year 1996 — 97 and subsequent years of assessment.
Interpretation
2
1
In these Regulations —
“Canadian tax” means the appropriate income tax or income taxes imposed by the Government of Canada;
“final year of assessment” shall be construed in accordance with section 179(2) ;
“foreign tax” means tax chargeable under the law of a territory outside the United Kingdom;
“member” means a member of Lloyd’s who is an individual and who is or has been an underwriting member;
“Part XVIII” means Part XVIII of the Taxes Act ;
“the Taxes Act” means the Income and Corporation Taxes Act 1988 ;
“United States tax” means the appropriate Federal income tax or Federal income taxes of the United States of America imposed by the Internal Revenue Code.
2
For the purposes of these Regulations an underwriting year and a year of assessment shall be deemed to correspond to each other if the underwriting year ends in the year of assessment.
3
References to a section, without more, are references to that section of the Finance Act 1993.
Pooled foreign tax
3
1
For the purposes of Part XVIII foreign tax paid in respect of profits or losses arising from a member’s underwriting business in a year of assessment shall be taken into account in accordance with paragraph (2).
2
Foreign tax paid as mentioned in paragraph (1) shall be taken into account by reference to the aggregate amount of such amounts of foreign tax as are paid (whether or not under the law of more than one territory outside the United Kingdom) in respect of income that is taken into account in computing the profits or losses of the member’s underwriting business; and accordingly the provisions of Part XVIII shall apply as if —
a
references, however expressed, to tax paid under the law of a territory outside the United Kingdom were references to that aggregate amount paid as a single payment in respect of a single source of income, and
b
references to United Kingdom tax chargeable in respect of any income were references to United Kingdom tax chargeable in respect of the total profits of the member’s underwriting business.
Allocation of foreign tax to United Kingdom years of assessment — syndicate profits
4
1
For the purposes of regulation 3, foreign tax referred to in that regulation that is paid in respect of income specified in paragraph (2), other than foreign tax to which regulation 6 or 7 applies, shall be allocated to the year of assessment specified in paragraph (3).
2
The income specified is the income that is taken into account in computing the profits or losses of the member’s underwriting business falling within section 172(1)(a) or (b).
3
The year of assessment specified is the same year of assessment as the year of assessment to which, by virtue of section 172 , the profits or losses referred to in paragraph (2) relate.
Allocation of foreign tax to United Kingdom years of assessment — non-syndicate profits
5
1
For the purposes of regulation 3, foreign tax referred to in that regulation that is paid in respect of income specified in paragraph (2), other than foreign tax to which regulation 6 or 7 applies, shall be allocated to the year of assessment specified in paragraph (3).
2
The income specified is the income that is taken into account in computing the profits or losses of the member’s underwriting business falling within section 172(1)(c).
3
The year of assessment specified is the same year of assessment as the year of assessment to which, by virtue of section 172, the profits or losses referred to in paragraph (2) relate.
Allocation of foreign tax to United Kingdom years of assessment — United States tax
6
1
This regulation applies to foreign tax that is United States tax paid by Lloyd’s in accordance with a United States tax return rendered by them for a calendar year in respect of income that is taken into account in computing the profits or losses of the member’s underwriting business.
2
For the purposes of regulation 3 and subject to paragraph (3), United States tax paid as mentioned in paragraph (1) shall be allocated to the year of assessment next but one following the year of assessment to which the underwriting year for which the return is made corresponds.
3
Where the member’s final year of assessment is the year 1996/97, United States tax paid as mentioned in paragraph (1) which under paragraph (2) would have been eligible for relief in a later year of assessment had not the member’s final year of assessment been the year 1996/97 and which has not been used for relief in an earlier year of assessment, shall be allocated to the year 1996/97.
Allocation of foreign tax to United Kingdom years of assessment — Canadian tax
7
1
This regulation applies to foreign tax that is Canadian tax paid by Lloyd’s in accordance with a Canadian tax return rendered by them for a calendar year in respect of income that is taken into account in computing the profits or losses of the member’s underwriting business.
2
For the purposes of regulation 3 and subject to paragraph (3), Canadian tax paid as mentioned in paragraph (1) shall be allocated to the year of assessment next following the year of assessment to which the underwriting year for which the return is made corresponds.
3
Where the member’s final year of assessment is the year 1996/97, Canadian tax paid as mentioned in paragraph (1) which under paragraph (2) would have been eligible for relief in a later year of assessment had not the member’s final year of assessment been the year 1996/97 and which has not been used for relief in an earlier year of assessment, shall be allocated to the year 1996/97.
Allocation of foreign tax to United Kingdom years of assessment — additional payments of foreign tax
8
1
Where —
a
payment of foreign tax (“the primary payment”) is made for an underwriting year in respect of income that falls to be taken into account in computing the profits or losses of a member’s underwriting business, and
b
payment of an additional amount of foreign tax in respect of that income is subsequently required,
then, notwithstanding anything in regulations 4 to 7 but subject to paragraph (2), the additional amount paid shall, for the purposes of regulation 3, be treated as foreign tax paid for the underwriting year in which it was paid and not as foreign tax paid for the underwriting year for which the primary payment was made.
2
Where the underwriting year in which the additional amount of foreign tax is paid is an underwriting year that is subsequent to the underwriting year corresponding to the member’s final year of assessment, the additional amount paid shall, for the purposes of regulation 3, be treated as foreign tax paid for the underwriting year corresponding to the member’s final year of assessment.
Refunds of foreign tax
9
1
Where —
a
income that is taken into account in computing the profits or losses of a member’s underwriting business is treated as reduced by foreign tax under section 811 of the Taxes Act, and
b
an amount of that foreign tax is subsequently repaid to the member,
the amount repaid shall be treated as a payment received as mentioned in section 172(1)(c).
2
Subject to paragraph (3), where —
a
relief for foreign tax is given by way of credit against United Kingdom tax on profits arising from a member’s underwriting business, and
b
an amount of that foreign tax is subsequently repaid to the member,
the amount of United Kingdom tax charged on the profits arising from the member’s underwriting business for the relevant year of assessment shall be treated as increased by the amount repaid.
3
Where —
a
relief by way of credit against United Kingdom tax on profits arising from a member’s underwriting business is claimed for an amount of foreign tax,
b
relief is given in respect of part only of the amount of the foreign tax claimed, and
c
an amount of the foreign tax claimed is subsequently repaid to the member,
the amount of United Kingdom tax charged on the profits arising from the member’s underwriting business for the relevant year of assessment shall be treated as increased by the amount (if any) which is equal to so much of the amount received as exceeds the amount of the foreign tax in respect of which relief was not given.
4
In paragraphs (2) and (3) “the relevant year of assessment” —
a
where the underwriting year in which the repayment of foreign tax was received is an underwriting year subsequent to the underwriting year corresponding to the member’s final year of assessment, means the member’s final year of assessment;
b
in any other case, means the year of assessment corresponding to the underwriting year in which the repayment of foreign tax was received.
S C T Matheson
G H Bush
Two of the Commissioners of Inland Revenue
21st February 1997