text:
Citation and commencement
1
1
These Regulations may be cited as the Occupational Pension Schemes (Reference Scheme and Miscellaneous Amendments) Regulations 1997 and shall come into force on 6th April 1997.
Amendment of section 12B(4) of the Pension Schemes 1993 Act
2
Sub-section (4) of section 12B of the Pension Schemes 1993 Act (reference scheme) shall be amended by the substitution for paragraph (b) of the following —
b
for entitlements to those pensions to commence on the day following the death of the earners, and
c
except in prescribed circumstances, for the annual rate of those pensions to be —
i
if the earners die on or after their normal pension age, 50 per cent. of the annual rate which a reference scheme was required to provide to the deceased earners immediately before their death, or
ii
if the earners die before their normal pension age, 50 per cent. of the annual rate which a reference scheme would have been required to provide to the deceased earners if the date of their death had been their normal pension age, and
d
if those pensions are payable in respect of earners who die —
i
otherwise than in pensionable service under the scheme, and
ii
before their own entitlements to pensions under the scheme have commenced,
for those pensions to be revalued in accordance with section 84 as though they were such benefits as are mentioned in section 83(1)(a).
.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
3
In the Occupational Pension Schemes (Contracting-out) Regulations 1996
a
in regulation 39 (circumstances in which schemes may change mode of contracting-out), before “Subject to the provisions” insert “(1)” and after “protected rights.” insert —
2
Subject to the provisions of any regulations made under section 149 of the 1995 Act, and to regulation 76A, a scheme which has been contracted-out by virtue of section 9(2) of the 1993 Act may become contracted-out by virtue of section 9(3) of the 1993 Act only if its trustees have been discharged of all liability to provide guaranteed minimum pensions and section 9(2B) rights.
;
b
in regulation 45 (approval of arrangements for schemes ceasing to be contracted-out) —
i
in paragraph (3)(a) for “a rule which provides” to the end of paragraph (3)(a), substitute “a protection rule;”; and
ii
after paragraph (3) insert —
3A
For the purpose of paragraph (3)(a) a protection rule is a rule which provides that the total amount of the benefits under the scheme for each member at normal pension age and the member’s widow or widower at the day following the date of death of the member will not be less than the aggregate of —
a
any such benefits arising in respect of section 9(2B) rights and guaranteed minimum pensions;
b
any other such benefits due in respect of rights which have accrued to the member in relation to service in employment which was contracted-out before the principal appointed day under section 9(2) of the 1993 Act; and
c
any such benefits due in respect of rights which have accrued to the member in relation to service in employment which was not contracted-out.
3B
The amount of the benefits mentioned in paragraph (3A)(a) and (b) and, so far as they relate to service on or before the date on which the scheme ceased to be contracted-out, those mentioned in paragraph (3A)(c) shall be calculated on an early leaver basis in accordance with Chapter I of Part IV of the 1993 Act and any regulations made under that Chapter, as if the member had ceased to be in pensionable service under the scheme on that date.
;
c
in regulation 46 (supervision of schemes that have ceased to contract out) —
i
in paragraph (1) for “the liabilities referred” substitute “liabilities in respect of such entitlement or rights as are referred”, and
ii
in paragraph (2) for “regulation 5(4) of the Occupational Pension Schemes (Discharge of Liability) Regulations 1985” substitute “regulation 3 and, in the case of a pension or accrued benefit under a relevant scheme, 11 of the Occupational Pension Schemes (Discharge of Liability) Regulations 1997 ”.
d
after paragraph (6) of regulation 76A (transitional arrangements for schemes contractedout under section 9(2) of the 1993 Act to become contracted-out under section 9(3) of that Act insert —
7
Section 55(2) of the 1993 Act shall be modified so as to have effect in relation to a scheme to which this regulation applies as though it were a salary related scheme, save that an election to pay a contributions equivalent premium shall apply only in respect of the earner’s service before the principal appointed day.
.
Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996
4
In paragraph (2) of regulation 4 of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 (basic information about the scheme) for “who was a member” substitute “who was an active or pensioner member”.
Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations 1996
5
In the Occupational Pension Schemes (Scheme Administration) Regulations 1996 —
a
for paragraph (2)(b) of regulation 5 (manner and terms of appointment and removal of professional advisers) substitute —
b
i
in the case of a fund manager, or a person carrying out functions referred to in regulation 2(c), who —
is a member of a self-regulating organisation (as defined in section 8 of the Financial Services Act 1986) which imposes requirements in relation to conflicts of interest, or
holds a certificate issued for the purposes of Part I of Chapter III of the Financial Services Act 1986 by a recognised professional body which professional body imposes requirements in relation to conflicts of interest,
confirm in writing that he will notify the trustees or managers of any conflict of interest to which he is or may be subject in relation to the scheme, in accordance with those requirements, and —
ii
in the case of any other professional adviser, confirm in writing that he will notify the trustees or managers of any conflict of interest to which he is subject in relation to the scheme immediately he becomes aware of its existence.
;
b
in regulation 7 (ineligibility to act as actuary or auditor) —
i
in paragraph (c) for the words “section 435(3) of the Insolvency Act 1986” substitute “section 435(2) of the Insolvency Act 1986; and”;
ii
after paragraph (c) insert —
d
in the case where a person is an associate of any person with whom he is in partnership, the husband or wife or a relative of any individual with whom he is in partnership.
.
Amendment of the Occupational Pension Schemes (Investment) Regulations 1996
6
In the Occupational Pension Schemes (Investment) Regulations 1996 —
a
after regulation 1 (citation, commencement and interpretation) insert —
Extension of the meaning of “employer”
1A
In these Regulations, except where the context otherwise requires, and for the purposes of sections 35 and 40 of the 1995 Act, “employer” includes, in relation to a scheme in respect of which there are no active members, the person who was the employer immediately before the occurrence of the event after which the scheme ceased to have any such members.
;
b
for paragraph (8) of regulation 6 (investments to which restrictions do not apply) substitute —
8
This regulation applies to a loan to the employer or a company associated with the employer if —
a
the scheme provides benefits for directors of a company which is the employer, or such directors and others;
b
there is a policy of insurance taken out under the scheme which is specifically allocated to the provision of benefits under the scheme and the directors' interests under which are used as security for the loan;
c
the policy concerned is effected with an insurance company such as is mentioned in paragraph (2)(b)(i), (ii) or (iii);
d
Inland Revenue requirements concerning the loan have been satisfied; and
e
the directors agreeing to their interests under the policy concerned being used as security for the loan, have so agreed in writing.
;
c
in paragraph (2)(d) of regulation 7 (transitional provisions), after “employer-related loans” insert “which do not contravene the 1992 Regulations and”.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
13th March 1997


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Euro-Mediterranean Agreement Establishing an Association between the European Communi ties and their Member States and the Kingdom of Morocco) Order 1997. It shall come into operation in respect of the treaty specified in the Schedule to this Order on the date on which the Agreement comes into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as The British Coal Corporation (Change of Quorum) Regulations 1997 and shall come into force on 1st July 1997.
Amendment to the Coal Industry Nationalisation (National Coal Board) Regulations 1946
2
In regulation 4 (Quorum) of the Coal Industry Nationalisation (National Coal Board) Regulations 1946 : —
for the word “three” there shall be substituted “two”.
John Battle,
Minister of State for Science, Energy and Industry,
Department of Trade and Industry
25th June 1997


text:
1
This Instrument may be cited as “The County Council of the Royal County of Berkshire (River Kennet, Fobney Bridge Reading) Scheme 1996 Confirmation Instrument 1997” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The County Council of the Royal County of Berkshire (River Kennet, Fobney Bridge Reading) Scheme 1996 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto and copies of the Scheme as modified with its accompanying plan are deposited at the offices of the Department of Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR, and at the offices of the Council of the Royal County of Berkshire at Shire Hall, Shinfield Park, Reading.
Signed by authority of the Secretary of State for Transport.
Pamela Denham
Regional Director Government Office for the North East
31st January 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Prohibition of Trustees) Regulations 1997 and shall come into force on 6th April 1997.
2
In these Regulations “ the Act ” means the Pensions Act 1995.
Circumstances in which the Authority may prohibit a person from being a trustee
2
If —
a
a company or a Scottish partnership is, or prior to dissolution was, prohibited under sub-section (2) of section 3 of the Act from being a trustee of a scheme by reason of circumstances falling within paragraphs (a) or (b) of that sub-section, and
b
the Authority are satisfied that the acts or defaults giving rise to those circumstances were committed with the consent or connivance of, or attributable to any neglect on the part of, an individual who at the time of those acts or defaults was a director of the company or a partner in the Scottish partnership,
the Authority (except where section 3(2) of the Act applies) may by order prohibit from being a trustee of a particular trust scheme —
i
the individual concerned,
ii
any Scottish partnership in which the individual concerned is a partner,
iii
any company of which the individual concerned is a director,
iv
any company which has as a director, a company of which the individual concerned is a director,
v
any company which is subject to a power of appointment to a directorship, in favour of a company of which the individual concerned is a director, and
vi
any company which automatically has as a director, any director or other nominee of another company of which latter company the individual concerned is a director.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
6th March 1997


text:
1
1
This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) (No. 2) Order 1997 and shall come into force on 1st February 1998.
2
In this Order “the principal Order ” means —
a
in relation to England and Wales, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991; and .
b
in relation to Northern Ireland, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991 .
2
Schedule 1 to the principal Order (which defines the institution of proceedings for the purposes of article 2(5) of that Order) shall be amended by substituting for the entry for “Australia”the following:
Australia when an information or a complaint has been laid before a justice of the peace or a magistrate, or a person has been charged with an offence, or an indictment or a presentment has been preferred.
3
Schedule 2 to the principal Order shall be amended by the insertion, at the appropriate places in alphabetical order, of the entries for those countries and territories specified in Schedule 1 to this Order.
4
Schedule 3 to the principal Order shall be amended by the insertion, at the appropriate places in alphabetical order, of the entries for those countries and territories specified in Schedule 2 to this Order (including where so specified the appropriate authority for a country or territory).
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations may be cited as the Fresh Meat (Hygiene and Inspection) (Amendment) Regulations 1997 and shall come into force on 21st September 1997.
Amendment to the Fresh Meat (Hygiene and Inspection) Regulations 1995
2
1
The Fresh Meat (Hygiene and Inspection) Regulations 1995 shall be amended in accordance with paragraph (2) below.
2
In regulation 7 —
a
paragraphs (1)(b) and (3) shall be revoked; and
b
in paragraphs (8) and (9), for the words “paragraph (1)(b) or (c)” there shall be substituted the words “paragraph (1)(c)”.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
19th August 1997
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
21st August 1997
Signed by authority of the Secretary of State for Scotland
Sewel
Parliamentary Under Secretary of State, Scottish Office
21st August 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
27th August 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Invicta Community Care National Health Service Trust (Establishment) Order 1997 and shall come into force on 1st April 1997.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any service which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Invicta Community Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Invicta Community Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions shall be —
a
to own and manage hospital accommodation and services at Sevenoaks Hospital, Hospital Road, Sevenoaks, Kent TN13 3PG and associated hospitals;
b
to own and manage hospital accommodation and services provided at 180 Union Street, Maidstone, Kent ME14 1EY and associated hospitals;
c
to manage community health services provided from Michel Tetly Hall, Sandhurst Road, Tunbridge Wells, Kent TN2 3JP and to own the associated premises;
d
to manage community health services provided from 180 Union Street, Maidstone, Kent ME14 1EY and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1997.
2
The accounting date of the trust shall be 31 March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary under Secretary of State
Department of Health
24th February 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Viatel UK Limited) Order 1997 and shall come into force on 27th November 1997.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche,
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
17th September 1997


text:
1
These Regulations —
a
may be cited as the Education (Grants) (Music, Ballet and Choir Schools) (Amendment) Regulations 1997;
b
shall come into force on 1st September 1997; and
c
shall apply to a school year beginning on or after that date.
2
Schedule 1 to the Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995 shall be amended as follows —
a
in the proviso to paragraph 7(2), for “which includes the first day of the school year” there is substituted “ending in the calendar year which includes the beginning of the school year”;
b
in paragraph 8 —
i
in sub-paragraphs (3) and (5), for “£1,200” in each place where it occurs, there is substituted “£1,230”, and
ii
sub-paragraph (6) (c) (ii) is omitted;
c
in paragraph 13(2), for “£8,498” there is substituted “£8,723”;
d
for the table in paragraph 13(3), there is substituted the following table —
Table
(1) (2) (3) Part of the relevant income to whichspecified percentage applies Only aided pupil Each of twoaided pupils
That part which exceeds £8,574 but does not exceed £10,823 10% 7.5% That part (if any) which exceeds £10,823 but does not exceed £15,208 20% 15% That part (if any) which exceeds £15,208 12.5% 7.5%
.
e
in paragraph 14 —
i
in sub-paragraph (2), for “£10,687” there is substituted “£10,972”, and
ii
in sub-paragraph (3), for “£10,538” there is substituted “£10,823”;
f
for paragraph 15, there is substituted —
Allowance for child holding assisted place
15
Where the parents of an aided pupil have another child who holds an assisted place at an independent school provided under section 2(1) of the Education (Schools) Act 1997 , the parents' residual liability for designated fees shall be calculated pursuant to paragraph 13 or 14 above (as the case may be) as if that child held an aided place for the purposes of that paragraph.
;
g
for paragraph 16 there is substituted —
Remission of charges for meals — day pupils
16
1
This paragraph applies to an aided pupil who is a day pupil where his parents satisfy the school at any time during a school year, or the month preceding the beginning of that year, that they are in receipt of a relevant benefit.
2
A school shall remit the whole of any charges which they would otherwise make for meals provided for a pupil to whom this paragraph applies —
a
for the whole of that school year, where they are satisfied as mentioned in paragraph (1) at or before the beginning of that year, or
b
for the remainder of the school year, where they are satisfied as mentioned in paragraph (1) in the course of that year,
irrespective of whether the parents may subsequently cease to be in receipt of a relevant benefit.
3
In this paragraph, “relevant benefit” means —
a
income support under Part VII of the Social Security Contributions and Benefits Act 1992 , or
b
an income-based jobseeker’s allowance under Part I of the Jobseekers Act 1995 .
;
h
for paragraph 17(3), there is substituted —
3
Subject to sub-paragraph (6), the school shall pay uniform grant to the parents in the case of an aided pupil —
i
who is in his first year at a school as an aided pupil, and
ii
as regards whom the relevant income does not exceed £11,355,
of an amount equal to so much of the parents' clothing expenditure as does not exceed —
a
£174 where the relevant income does not exceed £9,969;
b
£130 where that income exceeds £9,969 but does not exceed £10,433;
c
£85 where that income exceeds £10,433 but does not exceed £10,881; and
d
£44 where that income exceeds £10,881 but does not exceed £11,355.
;
i
for paragraph 17(5), there is substituted —
5
Except where sub-paragraph (3) applies, a school shall, subject to sub-paragraph (6), pay uniform grant in the case of an aided pupil as regards whom the relevant income does not exceed £10,881 and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed —
a
£65 where the relevant income does not exceed £10,135; and
b
£34 where that income exceeds £10,135 but does not exceed £10,881.
; and
j
in paragraph 19 —
i
in sub-paragraph (2)(a), for “£9,886” there is substituted “£10,148”,
ii
in sub-paragraph (2)(b), for “£9,707” there is substituted “£9,969”, and
iii
in sub-paragraph (3), after “payments on account are made” there is inserted “then”; and
k
in the Appendix, there is omitted paragraph 3(2)(h).
3
In paragraph 12 of Schedule 2 to those Regulations, for “section 47 of the Education ( No. 2) Act 1986 ”, there shall be substituted “section 548(1) of the Education Act 1996 ”.
Stephen Byers
Minister of State,
Department for Education and Employment
4th August 1997


text:
Citation and interpretation
1
1
This Order may be cited as the Housing Act 1996 (Commencement No. 7 and Savings) Order 1997.
2
In this Order “the commencement date” means 28th February 1997.
Commencement and Savings
2
The following provisions of the Housing Act 1996 shall come into force on the commencement date, subject to the savings in the Schedule to this Order —
section 96 to the extent that it is not already in force,
sections 97 to 104,
sections 148 to 151, and
section 227 in so far as it relates to the repeals in Part IV of Schedule 19.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Professions Supplementary to Medicine (Arts Therapists Board) Order of Council 1997 and shall come into force on the day after the date on which it is made.
2
In this Order, “the Act” means the Professions Supplementary to Medicine Act 1960.
Extension of application of the Act to the profession of arts therapist
2
The Act shall have effect as if the profession of arts therapist were mentioned in section 1(2) of the Act, and accordingly the First Schedule to the Act (constitutions of the Council and boards, and supplementary provisions) shall have effect as if there were made the further alterations, additions or omissions specified in the Schedule to this Order.
N. H. Nicholls,
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment Regulations 1997 and shall come into force on 1st April 1997.
2
In these Regulations, “the 1992 Regulations ” means the National Health Service (General Medical Services) Regulations 1992 .
Amendment of regulation 23 of the 1992 Regulations
2
In regulation 23 of the 1992 Regulations (removal from doctor’s list), in paragraph 2(b), for “paragraph 13(1)(b)(ii)”, substitute “paragraph 13(5)(b)”.
Arrangements for the provision of deputies
3
1
Schedule 2 to the 1992 Regulations (terms of service for doctors) is amended as follows.
2
In paragraph 1 (interpretation), the definition of “deputising service” is omitted.
3
In paragraph 20(1) (which relates to the responsibility of doctors for their deputies) —
a
in paragraph (b), for “deputising service” substitute “organisation providing deputy doctors as mentioned in paragraph 22 with which he has entered into an arrangement in accordance with that paragraph”; and
b
in paragraph (c), for “deputising service” substitute “such an organisation”.
4
For paragraphs 22 and 22A substitute the following new paragraphs —
22
1
In this paragraph, “organisation providing deputy doctors” means a person who provides deputies to doctors and includes a body which —
a
consists only of doctors whose names are included in the list of a Health Authority and who arrange to act as deputies to each other and
b
keeps separate accounts in relation to such arrangements.
2
Before entering into arrangements with an organisation providing deputy doctors for the provision of any deputy, a doctor shall —
a
obtain the written agreement of the organisation that any doctor it provides to him —
i
will not be subject to a declaration under section 46(2)(c) of the Act or under any corresponding provision in force in Scotland or Northern Ireland that he is not fit to be engaged in any capacity in the provision of general medical services,
ii
will not be suspended by direction of the Tribunal, other than in a case falling within section 49B(3) of the Act, and
iii
will (unless he is a trainee general practitioner acting in the place of and under the supervision of the doctor responsible for his training) be suitably experienced within the meaning of section 31 of the Act (other than by virtue of being a restricted services principal) or will have the acquired right specified in regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994; and
b
take all reasonable steps to satisfy himself that the service provided by the organisation (including its monitoring arrangements) will be adequate and appropriate having regard in particular to the interests of the doctor’s patients.
3
A doctor shall notify the Health Authority of any arrangements he makes with an organisation providing deputy doctors.
4
A doctor shall from time to time and at any time when there are grounds for doing so, take reasonable steps to satisfy himself that an organisation providing deputy doctors with which he has entered into arrangements for the provision of any deputy —
a
continues to comply with the agreement referred to in sub-paragraph (2)(a); and
b
continues to provide a service which is adequate and appropriate as mentioned in sub-paragraph (2)(b).
5
Subject to sub-paragraph (6), if the Health Authority so requests, a doctor shall furnish it with evidence that such an organisation is continuing —
a
to comply with the agreement mentioned in sub-paragraph (2)(a); or, as the case may be,
b
to provide a service which is adequate and appropriate as mentioned in sub-paragraph (2)(b).
6
A Health Authority shall not make a request for evidence under sub-paragraph (5)(b) unless —
a
it has reasonable grounds for believing that the organisation providing deputy doctors is not providing a service which is adequate and appropriate as mentioned in sub-paragraph (2)(b), and
b
it has consulted the Local Medical Committee.
7
Subject to sub-paragraph (8), where in response to a request for evidence under sub-paragraph (5)(b) the Health Authority continues to have reasonable grounds for believing that the organisation providing deputy doctors is not providing a service which is adequate and appropriate as mentioned in sub-paragraph (2)(b), it shall give notice (in this paragraph referred to as a “remedial notice”) to the doctor specifying —
a
the grounds for its concern;
b
the remedial action which it considers necessary; and
c
the date before which such action must be taken.
8
A Health Authority shall not issue a remedial notice under sub-paragraph (7) without first consulting the Local Medical Committee.
9
Where a Health Authority issues a remedial notice under sub-paragraph (7), it shall also send a copy of that notice to any other doctor who has made arrangements with the same organisation.
10
Where it appears to the Health Authority —
a
that an organisation providing deputy doctors with which a doctor has made arrangements for the provision of a deputy —
i
is not complying with the agreement referred to in sub-paragraph (2)(a), or
ii
has not taken the action specified in a remedial notice issued under sub-paragraph (7) within the time specified in that notice; or
b
that a doctor’s arrangement with such an organisation is such that the doctor’s patients are at risk,
it may give notice to the doctor requiring him to bring his arrangement with that organisation to an end either immediately or before such date as is stated in the notice.
22A
A doctor shall not engage another doctor as a deputy, or employ one as an assistant, unless the other doctor —
a
is suitably experienced within the meaning of section 31 of the Act (other than by virtue of being a restricted services principal); or
b
has the acquired right specified in regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994; or
c
is a trainee general practitioner acting in the place of and under the supervision of the doctor responsible for his training.
.
Amendment consequential on regulation 3
4
In regulation 8 of the 1992 Regulations (local directory of family doctors) for paragraph (1)(h) substitute —
h
any arrangements for the provision of any deputy notified to the Health Authority under paragraph 22(3) of Schedule 2.
Health promotion
5
1
In Schedule 2 to the 1992 Regulations (terms of service for doctors), in paragraph 50 (annual reports), in paragraph (c) of sub-paragraph (2) “health promotion or” is omitted.
2
In Schedule 13 to the 1992 Regulations (information to be provided in annual reports), in paragraph 4 —
a
at the end of sub-paragraph (a) “and” is inserted; and
b
sub-paragraph (c) and the word “and” at the end of sub-parargraph (b) are omitted.
Stephen Dorrell
Secretary of State for Health
10th March 1997


text:
1
This Order may be cited as the A180 Trunk Road (A180/A1136 Junction Improvement Slip Roads) Order 1997 and shall come into force on 29th August 1997.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order and which connect the Trunk Road with other highways or proposed highways at the places stated in the Schedule.
ii
“the plan” means the plan marked “The A180 Trunk Road (A180/A1136 Junction Improvement Slip Roads) Order 1997” signed by authority of the Secretary of State for Transport and deposited at the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR; and
iii
“the trunk road” means the Sheffield to Grimsby Trunk Road (A180).
3
The slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each slip road is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
D. E. Oddy
Divisional Director The Highways Agency
5th August 1997


text:
1
This Order may be cited as the London North Circular Trunk Road (A406) (East of Finchley High Road, Barnet) (Prohibition of Use of Gap in Central Reserve) Order 1997 and shall come into force on 11th August 1997.
2
In this Order —
“central reserve” means that part of North Circular Road which separates its two carriageways for the safety and guidance of vehicles using that road; and
“North Circular Road” means that length of the London North Circular Trunk Road (A406) in the London Borough of Barnet known as North Circular Road.
3
No person shall cause or permit any vehicle to enter or proceed through the gap in the central reserve which lies approximately 800 metres east of Finchley High Road (A1000).
Signed by authority of the Secretary of State for Transport
N J K Atkinson
A Grade 7 Officer Highways Agency London Network & Customer Services
4th August 1997


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) Regulations 1997 and shall come into force on 1st January 1998.
Revocation
2
The Regulations specified in Schedule 1 hereto are hereby revoked.
Interpretation
3
1
In these Regulations —
“ AIP ” in relation to a country other than the United Kingdom means a document in force at the date of the making of these Regulations, entitled “Aeronautical Information Publication” or “AIP” and published by a public authority of that country;
“authorised person” means any constable or any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“ ECUs ” means European Currency Units being units of account defined by reference to more than one currency;
“ FIR ” means “Flight Information Region”;
“specified airspace” means the airspace of a FIR described as set forth in columns (1) and (2) of Schedule 2 hereto;
“United Kingdom Air Pilot” means the document so entitled in force at the date of the making of these Regulations and published by the CAA.
2
Other expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation ( No. 2) Order 1995 .
Charge to be paid to Eurocontrol
4
1
Subject to the provisions of these Regulations the operator of any aircraft (in whatsoever State it is registered) for which navigation services (not being navigation services provided in connection with the use of an aerodrome) are made available in a specified airspace shall pay to Eurocontrol, in respect of each flight by that aircraft in that airspace, a charge for those services (hereinafter referred to as “the charge”) at the appropriate rate calculated in accordance with regulation 6 of these Regulations.
2
If Eurocontrol is unable, after taking reasonable steps, to ascertain who is the operator, it may give notice to the owner of the aircraft that it will treat him as the operator until he establishes to the reasonable satisfaction of Eurocontrol that some other person is the operator; and from the time when the notice is given Eurocontrol shall be entitled, for so long as the owner is unable to establish as aforesaid that some other person is the operator, to treat the owner as if he were the operator, and for that purpose the provisions of these Regulations (other than this paragraph) shall apply to the owner of the aircraft as if he were the operator.
3
The operator of an aircraft shall not be required to pay any charge to Eurocontrol under these Regulations in respect of a flight if he has previously paid to Eurocontrol in respect of that flight a charge of the same or a greater amount under the law of a country specified in column 1 of Schedule 2 hereto.
Payment
5
1
The amount of the charge shall be payable to Eurocontrol at its principal office in Brussels and shall be paid in ECUs.
2
The equivalent in sterling of the charge may be recovered in any court of competent jurisdiction in the United Kingdom.
3
If the amount of the charge payable under regulation 4(1) is not paid in cleared funds by the operator of the aircraft within 30 days of the date payment is demanded by Eurocontrol, interest calculated in accordance with paragraph (4) below on the unpaid amount shall be paid from that day until the date when cleared funds are received by Eurocontrol.
4
Interest payable under paragraph (3) shall be simple interest calculated from day to day at the rate of 7.73%.
5
Nothing in this regulation shall prevent Eurocontrol from accepting as a good discharge payment other than in ECUs or at places other than the principal office of Eurocontrol.
Calculation of the Charge
6
1
The charge shall be calculated in ECUs according to the following formula —
r = N × U
where
r is the charge for the flight, N is the number of service units relating to that flight and U is the appropriate unit rate specified in column 3 of Schedule 2 hereto in relation to the specified airspace through which the flight is made, increased or decreased as the case may be by the same percentage as the relevant national currency has increased or decreased against the ECU as compared with the rate of exchange specified in column 4 of the said Schedule in relation to that airspace.
2
For the purpose of the preceding paragraph, the number of service units relating to a flight shall be calculated in accordance with the following formula —
N = d × p
where
d is the distance factor for the flight in the specified airspace in question and p is the weight factor for the aircraft concerned.
3
For the purposes of the preceding paragraph —
a
the distance factor shall be the number of kilometres in the great circle distance between the points specified in paragraph (4) of this regulation minus 20 kilometres for each landing and take-off in the specified airspace in question, divided by 100 and expressed to two places of decimals, and
b
the weight factor, subject to the provisions of paragraphs (6) and (7) of this regulation, shall be equal to the square root of the quotient obtained by dividing by 50 the number of metric tonnes of the maximum total weight authorised of the aircraft and shall be expressed to two places of decimals.
4
The points referred to in paragraph (3) of this regulation are —
a
the aerodrome of departure within the specified airspace in question or, if there is no such aerodrome, the point of entry into that airspace; and
b
the aerodrome of first destination within the specified airspace in question or, if there is no such aerodrome, the point of exit from that airspace.
5
For the purposes of the preceding paragraph, the point of entry into the specified airspace in question and the point of exit from that airspace shall be the points at which the lateral limits of the said airspace are crossed by the route described in the flight plan communicated by or on behalf of the operator of the aircraft either to the appropriate air traffic control unit or to the Flow Management Unit of Eurocontrol with any modifications thereto subsequently made or approved by or on behalf of the operator.
6
Subject to paragraph (7) below, the weight factor for an aircraft of any type shall be calculated by reference to the maximum total weight authorised of the heaviest aircraft of that type.
7
Where an operator has indicated to Eurocontrol, within the period of one year immediately preceding the flight, the composition of the fleet of aircraft which he operates and which includes two or more aircraft which are different versions of the same type of aircraft, the weight factor shall be calculated by reference to the average of the maximum total weight authorised of all his aircraft of that type so indicated to Eurocontrol.
8
For the purposes of this regulation the rate of exchange of the ECU to a national currency shall be the average monthly rate of exchange of the ECU to that national currency established by Eurocontrol for the month preceding the month during which the flight takes place.
Exempt Flights
7
These Regulations shall not apply to the following flights —
i
flights by military aircraft;
ii
flights made for the purposes of search and rescue operations;
iii
flights by aircraft of which the maximum total weight authorised is 5700 kg or less made entirely in accordance with the Visual Flight Rules in the Rules of the Air Regulations 1996 ;
iv
flights terminating at the aerodrome from which the aircraft has taken off;
v
flights other than the flights referred to in paragraph (i) of this regulation made by aircraft which are used in the service of a State (including for customs or police purposes) and which are not made for commercial purposes;
vi
flights made exclusively for the purpose of checking or testing equipment used or intended to be used as aids to air navigation;
vii
flights made exclusively for the purpose of the instruction or testing of flight crew within the specified airspace of the United Kingdom;
viii
flights made by aircraft of which the maximum total weight authorised is less than two metric tonnes;
ix
flights made by helicopters between any point in the United Kingdom to a vessel or an offshore installation within the area bounded by straight lines joining successively the following points —
N5500 E00302; N5500 W00100; N5600 W00230; N5740 W00230; N5740 W00400; N5830 W00400; N5830 W00500; N6300 W00500; N6300 E/W00000;
and thence south by the Median Line to N5500 E00302; and
x
flights made by helicopters between any point in the United Kingdom to a vessel or an offshore installation within the area bounded by straight lines joining successively the following points —
N5500 W00100; N5500 E00300; N5423 E00245; N5256 E00309; N5230 E00247; N5226 E00137; N5238 E00140; N5251 E00124; N5319 E00010; N5500 W00100.
Detention and sale of aircraft for unpaid charges
8
Where default is made in the payment of the charges incurred in respect of any aircraft under these Regulations Eurocontrol may request the CAA to act on behalf of Eurcontrol in accordance with the provisions of regulations 9 to 12.
9
Where such a request has been made, the CAA or an authorised person may on behalf of Eurocontrol, subject to the provisions of this and the following regulations, take such steps as are necessary to detain, pending payment, either —
a
the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
b
any other aircraft of which the person in default is the operator at the time when the detention begins;
and if the charges are not paid within 56 days after the date when the detention begins, the CAA may, subject to the following regulations, sell the aircraft on behalf of Eurocontrol in order to satisfy the charges.
10
The CAA or the authorised person concerned shall not detain, or continue to detain, an aircraft on behalf of Eurocontrol under these Regulations by reason of any alleged default in the payment of the charges payable under these Regulations if the operator of the aircraft or any other person claiming an interest therein —
a
disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 9(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
b
gives to Eurocontrol, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
11
a
The CAA shall not sell an aircraft on behalf of Eurocontrol under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to Eurocontrol for charges under these Regulations, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell on behalf of Eurocontrol is liable to sale under these Regulations by reason of default.
b
In this regulation, “the court” means, as respects England, Wales and Northern Ireland, the High Court and, as respects Scotland, the Court of Session.
12
The CAA shall, before applying to the court for leave to sell an aircraft on behalf of Eurocontrol under regulation 11 above, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in Schedule 3 to these Regulations. If such leave is given, the CAA shall secure that the aircraft is sold on behalf of Eurocontrol for the best price that can reasonably be obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
13
The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say —
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of the charges in respect of any aircraft which the court has found to be due from the operator by virtue of these or any other Regulations under section 73 of the Civil Aviation Act 1982 ;
d
in payment of any interest on unpaid charges incurred in respect of any aircraft which the court has found to be due from the operator by virtue of these Regulations;
e
in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.
14
The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 9 to 13 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
15
The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
16
The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on an aerodrome to which section 88 of the Civil Aviation Act 1982 applies or at Belfast International Airport, Belfast City Airport or Eglinton Airport.
17
Nothing in these Regulations shall prejudice any right of Eurocontrol to recover any charges, or any part thereof, or interest on unpaid charges, by action.
Records of Movements of Aircraft
18
1
This regulation shall apply to any aerodrome to which section 88 of the Civil Aviation Act 1982 applies and to Belfast International Airport, Belfast City Airport and Eglinton Airport.
2
The manager of any aerodrome to which this regulation applies shall keep a log (hereafter in this regulation referred to as “the aircraft movement log”) in which the following particulars shall be recorded:
a
the type and registration mark of each aircraft taking off from or landing at the aerodrome;
b
the date and time of each such take off and landing;
c
the origin or destination of each aircraft as the case may be.
3
The aircraft movement log shall be preserved by the aerodrome manager for a period of two years after the date of the last entry therein.
4
The aircraft movement log shall be maintained in a legible form or in a form which is capable of being reproduced in a legible form.
5
The aerodrome manager shall, within seven days after being requested to do so by an officer of the CAA, produce to such officer the aircraft movement log in a legible form.
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
9th December 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning (General Development Procedure) (Amendment) Order 1997 and shall come into force on 1st July 1997.
2
In this Order —
“the 1995 Order ” means the Town and Country Planning (General Development Procedure) Order 1995 .
Consultation before the grant of planning permission
2
In the table in article 10(1) of the 1995 Order (consultation before the grant of planning permission), after paragraph (z) insert —
za
Development likely to affect
i
any inland waterway (whether natural or artificial) or reservoir owned or managed by the British Waterways Board ; or
ii
any canal feeder channel, watercourse, let off or culvert,
which is within an area which has been notified for the purposes of this provision to the local planning authority by the British Waterways Board.
The British Waterways Board
Transitional provision
3
The amendments made to the 1995 Order by this Order shall not apply in relation to applications for planning permission made before 1st July 1997.
Signed by authority of the Secretary of State for the Environment
Robert Jones
Minister of State,
Department of the Environment
17th March 1997
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
17th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Insurance Companies (Pension Business) (Transitional Provisions) (Amendment) Regulations 1997 and shall come into force on 31st December 1997.
Interpretation
2
In these Regulations “the principal Regulations ” means the Insurance Companies (Pension Business) (Transitional Provisions) Regulations 1992 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 4 —
a
in paragraph (1) for the words from “accounting period” to the end there shall be substituted the words “of the accounting periods specified in paragraphs (2) to (5) (being accounting periods ending after the opening transitional date and before the closing transitional date) shall be reduced”;
b
for paragraph (5) there shall be substituted the following paragraph —
5
The prescribed percentage is 7.5 per cent. for an accounting period ending after 31st December 1995 and before 1st January 1998.
4
In regulation 5 for the words “ending after the opening transitional date and before the closing transitional date” there shall be substituted the words “specified in regulation 4”.
5
In regulation 6(1) for the words from “In any case” to “relates” there shall be substituted the words “Where in relation to a provisional repayment period falling within an accounting period specified in regulation 4 an insurance company claims, and is paid, by way of provisional repayment an amount in excess of the maximum reduced entitlement for that period”.
C W Corlett
G H Bush
Two of the Commissioners of Inland Revenue
3rd December 1997


text:
Citation and commencement
1
This Order may be cited as the Protection of Wrecks (Designation No. 4) Order 1997 and shall come into force on 24th October 1997.
Identification of site and designation of restricted area
2
1
The site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed and in respect of which this Order is made is in position Latitude 50° 12'.696 North, Longitude 03° 44'.679 West.
2
The area within a distance of 250 metres of that position, but excluding any part of that area which lies above the high-water mark of ordinary spring tides, shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Mark Fisher
Parliamentary Under-Secretary of State
23rd October 1997


text:
1
1
This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Code of Practice) (No. 2) Order 1997 and shall come into force on the day specified in article 2 below.
2
This Order extends only to England and Wales.
2
The day hereby appointed for the purposes of section 25(2) of the Act is the day which shall be appointed for the purposes of Part I of the Act by order under section 1 of the Act; and the code of practice laid before Parliament on 27th February 1997 containing the provisions referred to in section 23 of the Act shall come into operation accordingly on that day.
3
The Criminal Procedure and Investigations Act 1996 (Code of Practice) (No. 1) Order 1997 is hereby revoked.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
27th February 1997


text:
Citation, commencement and interpretation
1
This Order may be cited as the Family Proceedings Fees (Amendment) Order 1997 and shall come into force on 13th March 1997.
Amendment to the Family Proceedings Fees Order 1991
2
For articles 3 and 4 of the Family Proceedings Fees Order 1991 there shall be substituted the following:–
3
No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable,
a
is in receipt of legal advice and assistance under Part III of the Legal Aid Act 1988 in connection with the matter to which the proceedings relate, or
b
is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 and is not in receipt of representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings, or
c
is not a beneficiary of a trust fund in court of a value of more than £50,000 and is–
i
under the age of eighteen, or
ii
a person for whose financial relief an order under paragraph 2 of Schedule 1 to the Children Act 1989 is in force or is being applied for.
4
Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue hardship, he may reduce or remit the fee in that case.
.
Amendment to the Family Proceedings (Amendment) Order 1996
3
Articles 4 and 5 of the Family Proceedings Fees (Amendment) Order 1996 shall be omitted.
Mackay of Clashfern, C
Dated 11th March 1997
We concur,
Patrick McLoughlin
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 11th March 1997


text:
Citation, commencement and interpretation
1
1 This Order may be cited as the Police Act 1997 (Commencement No. 3 and Transitional Provisions) Order 1997 and shall come into force on 1st September 1997. 2 In this Order “the 1997 Act ” means the Police Act 1997.
Commencement on 1st September 1997
2
1
Subject to the modifications set out in paragraph (3) below, the provisions of the 1997 Act which are listed in paragraph (2) below shall come into force on 1st September 1997.
2
The provisions referred to in paragraph (1) above are —
a
section 2(6), so far as it relates to any directions given under section 27;
b
section 3(2) to (4);
c
sections 25 to 27;
d
section 48(7), so far as it relates to any directions given under section 72;
e
section 49(2) to (4);
f
sections 70 to 72;
g
section 91, except subsection (10);
h
section 96, for the purpose of making orders;
i
section 109(1);
j
section 109(2), so far as it relates to paragraphs 1, (except sub-paragraph (6)), 2 (except sub-paragraphs (3) (e) and (f)), 4, 8(1), 9, 10 (except the reference to paragraph 1 (3) (e) in sub-paragraph (1) (a) and the reference to paragraph 1 (3) (f) in sub-paragraph (1) (b)), 11 and 18 of Schedule 8;
k
section 109(3) and (5), for the purpose of making orders;
l
section 111, except subsections (1) (c) and (d), (2) (d) and (e) and (3) (c) and (d);
m
Schedule 4;
n
paragraphs 3, 5 and 10 of Schedule 6;
o
paragraph 1 of Schedule 8; except sub-paragraph (3) (e) and (f);
p
paragraph 2 of Schedule 8, except sub-paragraph (6);
q
paragraph 4 of Schedule 8;
r
paragraph 8 (1) of Schedule 8;
s
paragraph 9 of Schedule 8;
t
paragraph 10 of Schedule 8, except the reference to paragraph 1 (3) (e) in sub-paragraph (1) (a) and the reference to paragraph 1 (3) (f) in sub-paragraph (1) (b);
u
paragraph 11 of Schedule 8;
v
paragraph 18 of Schedule 8;
w
section 134, so far as it relates to paragraphs 3, 8, 9, 28, 29(3), 41, 72, 81, 82 and 83 of Schedule 9;
x
paragraphs 3, 8, 9, 29 (3), 82 and 83 of Schedule 9.
3
Notwithstanding the provisions of section 111 of the 1997 Act, in paragraph 1 (2) of Schedule 8 to that Act the reference to “police authorities” shall not include the Police Authority for Northern Ireland and the reference to “chief officers of police” shall not include the Chief Constable of the Royal Ulster Constabulary.
Commencement on 8th October 1997
3
1
The provisions of the 1997 Act which are listed in paragraph (2) below shall come into force on 8th October 1997.
2
The provisions referred to in paragraph (1) above are —
a
section 2(6), so far as it relates, to any directions given under Schedule 3;
b
section 17 (1) and (6);
c
section 48(7), so far as it relates to any directions given under Schedule 5;
d
section 62 (1) and (6); and
e
Schedules 3 and 5.
Transitional provision about Director General
4
1
Prior to the Director General appointed under sections 6 or 52 of the 1997 Act taking up his post, the Secretary of State may designate a person to carry out the functions of the Director General of NCIS and the Director General of National Crime Squad.
2
Sections 3 (4) (a), 26 (2) (b) and (f), 49 (4) (a) and 71 (2) (b) and (f) of, and paragraph 1 (4) (a) of Schedules 3 and 5 to, the 1997 Act shall have effect as if the references to the Director General of NCIS and the Director General of the National Crime Squad were references to the person designated to carry out the functions of the Director General of NCIS under paragraph (1) above and the person designated to carry out the functions of the Director General of NCS under paragraph (1) above respectively.
Home Office
Jack Straw
One of Her Majesty’s Principal Secretaries of State
1st August 1997


text:
Citation and commencement
1
This Order may be cited as the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the North West and Merseyside) Order 1997 and shall come into force on 1st April 1997.
Designated rural areas
2
The following areas shall be designated rural areas for the purposes of section 17 of the Housing Act 1996 (the right to acquire) and section 1AA(3)(a) of the Leasehold Reform Act 1967 (additional right to enfranchise) —
a
those parishes in the counties of Cheshire, Cumbria, Greater Manchester, Lancashire and Merseyside specified in Schedule 1 to this Order;
b
those areas in the parishes and the unparished areas in the counties of Cheshire, Cumbria, Greater Manchester, Lancashire and Merseyside specified in Schedule 2 to this Order each shown bounded with a black line and cross hatched on one of the eighty-six maps entitled “Maps referred to in the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the North West and Merseyside) Order 1997” of which prints, signed by a member of the Senior Civil Service in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment; and
c
the areas consisting of —
i
the parish of Windermere in the county of Cumbria:
ii
the county constituency of Heywood and Middleton in the county of Greater Manchester; and
iii
the unparished area of the borough constituency of Rochdale in the county of Greater Manchester,
with the exception of the non-cross hatched areas each shown bounded with a black line on one of the eighty-six maps entitled “Maps referred to in the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the North West and Merseyside) Order 1997” of which prints, signed by a member of the Senior Civil Service in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
5th March 1997


text:
Citation and commencement
1
— This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) (Amendment) Order 1997 and shall come into force on 8th August 1997.
Amendment of Order
2
1
The Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995 shall be amended as follows.
3
— In Article (6) the following paragraphs shall be substituted for paragraph (2) —
2
The verifying authority shall exercise the functions conferred by this article in relation to each of English and mathematics and —
a
subject to paragraph (2A), in any school year in relation to at least 25% of all relevant schools;
b
in each school year, in relation to those schools in relation to which verification took place in the last preceding school year and in the opinion of the verifying authority, having regard to the results of that verification, a further verification should be made.
2A
For the purposes of paragraph (2)(a),
a
verifications carried out pursuant to paragraph (2)(b) shall not count towards the 25% minimum;
b
the verifying authority shall so exercise its functions as to secure that in any period of four years they have been exercised in relation to all relevant schools.
2B
For the purposes of paragraphs (2) and (2A), the `relevant schools' are, in the case of a verifying authority which is a local education authority, all the schools maintained by that authority and, in the case of the Authority, all grant-maintained and grant-maintained special schools.
.
Estelle Morris
Parliamentary Under Secretary of State,
Department for Education and Employment
30th July 1997


text:
Citation and commencement
1
This Order may be cited as the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the East) Order 1997 and shall come into force on 1st April 1997.
Designated rural areas
2
The following areas shall be designated rural areas for the purposes of section 17 of the Housing Act 1996 (the right to acquire) and section 1AA(3)(a) of the Leasehold Reform Act 1967 (additional right to enfranchise) —
a
those parishes in the counties of Bedfordshire, Cambridgeshire, Derbyshire, Essex, Hertfordshire, Leicestershire, Lincolnshire, Norfolk, Northamptonshire, Nottinghamshire and Suffolk specified in Schedule 1 to this Order;
b
those areas in the parishes and the unparished areas in the counties of Bedfordshire, Cambridgeshire, Derbyshire, Essex, Hertfordshire, Leicestershire, Lincolnshire, Norfolk, Northamptonshire, Nottinghamshire and Suffolk specified in Schedule 2 to this Order each shown bounded with a black line and cross hatched on one of the one hundred and fifty one maps entitled “Maps referred to in the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the East) Order 1997” of which prints, signed by a member of the Senior Civil Service in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment; and
c
the parish of Holbeach in the county of Lincolnshire with the exception of the non-cross hatched area shown bounded with a black line on one of the one hundred and fifty one maps entitled “Maps referred to in the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the East) Order 1997” of which prints, signed by a member of the Senior Civil Service in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
5th March 1997


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.6) (Actions of harassment) 1997 and shall come into force on 16th June 1997.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Actions of harassment
2
1
After Chapter 43 of the Rules of the Court of Session 1994 ( insert–
CHAPTER 43A
ACTIONS OF HARASSMENT
Application and interpretation of this Chapter
43A.1
–
1
This Chapter applies to an action of harassment within the meaning of section 8(2) of the 1997 Act .
2
In this Chapter–
“the 1997 Act” means the Protection from Harassment Act 1997
“non-harassment order” means an order granted under section 8(5)(b)(ii) of the 1997 Act.
Procedure for variation or revocation of non-harassment order
43A.2
An application under section 8(7) of the 1997 Act after final decree in an action of harassment for the variation or revocation of a non-harassment order shall be made by minute in the process of the action to which the application relates.
.
Rodger of Earlsferry
Lord President, I.P.D.
Edinburgh,
12th June 1997


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Southwark) Red Route (Bus Lanes) Experimental Traffic Order 1997, and shall come into force on 5th January 1998.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “bus lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“dial-a-ride bus” means a vehicle —
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
g
“times of operation” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the times specified in that item in column (3) of that table;
h
“permitted vehicles,” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the vehicles specified in that item in column (5) of that table;
i
an entry in column (3) , (4) or (5) of an item in the table in the schedule to this order applies to that column in subsequent items in that schedule.
Bus Lane Controls
3
1
No person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in the schedule to this order during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
The controls specified in paragraph (1) of this article do not apply so as to prevent a vehicle stopping in a bus lane for as long as may be necessary —
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other order.
Exemptions
4
1
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within the exemption to a restriction or prohibition imposed by any other order made under the Road Traffic Regulation Act 1984 or which is permitted by any other order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle stopping in a bus lane if the vehicle is being used in —
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane and in so far as the activity is not prohibited by the provisions of any other order made under the Road Traffic Regulation Act 1984.
3
The controls specified in article 3(1) do not apply in respect of —
a
a vehicle entering or stopping in a bus lane so as to avoid an accident;
b
a vehicle entering or stopping in a bus lane to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
a vehicle crossing a bus lane in order to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane;
d
a vehicle being in a bus lane to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane;
e
a vehicle being used for ambulance, fire brigade or police purposes;
f
a vehicle stopping in a bus lane if it has lawfully entered the bus lane and it has to stop —
i
by law;
ii
to avoid an accident;
iii
in circumstances beyond the drivers control;
g
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the 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.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
9th December 1997


text:
1
These Regulations may be cited as the Statistics of Trade (Customs and Excise) (Amendment) Regulations 1997 and shall come into force on 1st January 1998.
2
The Statistics of Trade (Customs and Excise) Regulations 1992 shall be amended in accordance with regulations 3 to 7 below.
3
In regulation 1(2) the following definitions shall be omitted —
a
“ancillary costs sample survey”;
b
“business day”;
c
“commodity code”; and
d
“supplementary units”.
4
In regulation 3(1) for “£195,000”, in each place where it occurs, there shall be substituted “£225,000”.
5
Regulation 4A shall be omitted .
6
1
Regulation 5(1) shall be amended as follows —
a
in paragraph (a), the words “and every return for the purposes of an ancillary costs sample survey” shall be omitted ;
b
in paragraph (b), for the words “the documents mentioned in paragraph (a) above” there shall be substituted “his periodic declarations” ;
c
in paragraph (c), for the words “any such copies as are” there shall be substituted “periodic declarations and documents” ; and
d
in paragraph (d), for the words “further copies of, or of extracts from, those copies” there shall be substituted “copies or extracts of those periodic declarations and documents” .
2
In regulation 5(2), for the words “the copies” there shall be substituted “periodic declarations and documents” .
7
Regulation 6 shall be amended as follows —
a
paragraph (5A) shall be omitted ; and
b
in paragraph (6), the words “or (5A)” shall be omitted .
8
Regulations 3 to 6 of the Statistics of Trade (Customs and Excise) (Amendment) Regulations 1993 are hereby revoked.
9
The Statistics of Trade (Customs and Excise) (Amendment) Regulations 1996 are hereby revoked.
Ray McAfee
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
1 December 1997


text:
1
These Regulations may be cited as the Amusement Machine Licence Duty (Amendment) Regulations 1997 and shall come into force on 14th April 1997.
2
1
Regulation 4 of the Amusement Machine Licence Duty Regulations 1995 shall be amended as follows.
2
In paragraph (1) —
a
in sub-paragraph (a) for the word “those” there shall be substituted “another machine”; and
b
in the proviso, after the word “but” there shall be inserted “(subject to paragraph (1A) below)”.
3
After paragraph (1) there shall be inserted —
1A
Where the number of machines licensed on the premises exceeds three paragraph (1) above shall apply as if for the words “one machine” there were substituted “two machines”; but this paragraph shall not apply unless for each machine that is spare or broken down there is licensed on the premises another machine of the same type for duty purposes.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
17th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Imported Food Regulations 1997 and shall come into force on 17th November 1997.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“district council” means, with regard to Northern Ireland, a district council within the meaning of the Local Government Act (Northern Ireland) 1972 ;
“examination”, with regard to the examination of food by an authorised officer of a food authority, may include a physical, chemical and microbiological examination of the food, and “examine” shall be construed accordingly;
“exempt product of animal origin” means one of the products mentioned in Schedule 1;
“fishery products” has the same meaning as in the Food Safety (Fishery Products) Regulations 1992 ;
“food authority” means —
with regard to England —
as respects the Isles of Scilly, the Council of the Isles of Scilly,
as respects the City of London (including the Temples), the Common Council,
as respects any other part of England —
if it is situated in a port health district, the port health authority for that district, or
if it is not situated in a port health district, the district council or unitary authority in whose area that part is situated;
as respects any part of Wales —
if it is situated in a port health district, the port health authority for that district, or
if it is not situated in a port health district, the county or county borough council in whose area that part is situated;
as respects any part of Scotland —
if it is situated in the district of a port local authority or joint port local authority, the port local authority or joint port local authority for that district, or
if it is not situated in the district of a port local authority or joint port local authority, the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area that part is situated;
“free circulation” has the same meaning as in Article 9.2 of the Treaty establishing the European Community;
“the General Food Hygiene Regulations ” means the Food Safety (General Food Hygiene) Regulations 1995 ;
“meat preparations”, “meat products”, “mechanically recovered meat” and “minced meat” have the same meaning as in the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 ;
“milk” means milk of a cow, sheep, goat or buffalo;
“officer of Customs and Excise” means —
a person commissioned by the Commissioners of Customs and Excise; or
any other person acting under the authority of the Commissioners of Customs and Excise who is authorised by them to perform the duties to be performed by an officer of Customs and Excise set out in these Regulations;
“third country” means any country or territory which is not part of the customs territory of the European Community;
“unitary authority” means an authority in England which is the sole principal council for its local government area.
2
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number; and
c
in a paragraph to a numbered or lettered sub-paragraph is to the sub-paragraph in that paragraph bearing that number or letter.
Scope of these Regulations
3
1
These Regulations do not apply in relation to the importation of any food which is an exempt product of animal origin.
2
For the purposes of these Regulations, food is from a third country if it originates , in that country and —
a
unless sub-paragraph (b) applies, when it arrives in Great Britain it is not in free circulation in member States;
b
it arrives in Great Britain from another part of the British Islands , having been —
i
under customs charge in that part of the British Islands, and
ii
sent to a place of destination in Great Britain for examination under these Regulations,
and when it first arrived in the British Islands it was not in free circulation in member States.
3
For the purposes of these Regulations, a person is a person importing food from a third country if, whether as owner, consignor, consignee, agent or broker —
a
he is in possession of food being imported from a third country; or
b
he is any way entitled to the custody or control of food being imported from a third country.
Prohibition on importing certain food from third countries
4
No person shall import into Great Britain from a third country any food intended for sale for human consumption (which is not an exempt product of animal origin) which —
a
fails to comply with food safety requirements, or
b
is unsound or unwholesome.
Enforcement responsibilities
5
1
Subject to paragraphs (2) and (4), each food authority shall enforce and execute these Regulations within their area.
2
Where —
a
food from a third country has entered into the British Islands at a part of Great Britain which is in the area of a particular food authority;
b
customs examination of that food has been completed or has been deferred until the food reaches its place of destination elsewhere in the United Kingdom;
c
an authorised officer of that particular food authority considers it reasonable that examination of the food —
i
for the purposes of these Regulations should be deferred until the food arrives at a specified place of destination elsewhere in Great Britain, or
ii
should take place under Regulations with respect to imported food in force in Northern Ireland when the food arrives at a specified place of destination in Northern Ireland; and
d
a person importing the food gives that authorised officer an undertaking in writing that the container containing the food has been sealed and will not be opened until it reaches its specified place of destination and is available there for examination under these Regulations or, as the case may be, Regulations with respect to imported food in force in Northern Ireland,
the food authority for the area in which the specified place of destination is located, if in Great Britain, shall become responsible for enforcing and executing these Regulations with respect to that food once it arrives at that place.
3
Where an authorised officer of a food authority authorises the transfer of any food to another part of the United Kingdom for examination at the place of destination for that food either under these Regulations or, if that place is in Northern Ireland, under Regulations in force with respect to imported food in Northern Ireland, he shall —
a
notify by the most expeditious means available the food authority or, in Northern Ireland, the district council for the area in which that place is located —
i
that the food (so described as to enable it to be identified) has not been examined under these Regulations, and
ii
if customs examination of the food has been deferred, of that fact; and
b
send that authority or council a copy of the undertaking in writing, referred to in paragraph (2)(d), which he has been given by a person importing the food.
4
Where food has been sent to a place of destination in Great Britain for examination under these Regulations from another part of the British Islands, the food authority for the area in which that place of destination is located shall become responsible for enforcing and executing these Regulations with respect to that food once it arrives in Great Britain.
Examination of food by a food authority
6
1
Where an authorised officer of a food authority is of the opinion that he should examine for the purposes of these Regulations a batch, lot or consignment of food which is in or due to arrive in the area of his food authority, any person importing the food shall provide all such facilities as the authorised officer may reasonably require for the examination of the food.
2
An authorised officer of a food authority who considers that a sample of any food which he proposes to examine or is examining for the purposes of these Regulations should be procured may, by a notice in writing given to —
a
any person importing the food; or
b
any other person in possession of the food who is entitled to be in possession of it (other than an officer of Customs and Excise),
require that, once he has procured the sample, the food shall not be removed from the place specified in the notice for a specified period not exceeding six days exclusive of Saturdays, Sundays and public holidays, unless the authorised officer’s examination of the food (a process which may include submitting a sample of the food to be analyzed by a public analyst or examined by a food examiner) has been completed.
3
After a notice has been given to a person under paragraph (2) forbidding the removal of specified food, an authorised officer of the food authority responsible for the notice shall, without undue delay and in any event within the period specified in the notice, complete the examination of the food in respect of which the notice was given.
4
Where an authorised officer of a food authority has given a person a notice under paragraph (3) forbidding the removal of specified food, that food shall not, prior to the completion of the examination of it by an authorised officer of the food authority, be removed by any person contrary to the terms of the notice except with the express written permission of —
a
an authorised officer of the food authority which is responsible for the notice; or
b
if the food is under customs charge, an officer of Customs and Excise.
5
An officer of Customs and Excise shall, before giving any person written permission to remove any food which is the subject of a notice under paragraph (2), inform an authorised officer of the food authority responsible for the notice of his intention to do so.
6
Any person who is aggrieved by a decision to serve a notice under paragraph (2) may appeal against that notice to a magistrates' court or, in Scotland, to the sheriff, who may order that the notice be withdrawn or that such shorter period be fixed for examination of the food as appears to be reasonable in the circumstances.
Re-export, alternative use or destruction of certain food
7
1
If, on an inspection or examination of food for the purposes of these Regultions, it appears to an authorised officer of a food authority that a batch, lot or consignment of food fails to comply with the food safety requirements or is unsound or unwholesome, he may, after appropriate consultation with a person importing the food, serve on that person a notice —
a
stating that the food may be used in Great Britain for purposes other than human consumption; or
b
ordering the re-dispatch of the food outside the European Community.
2
Any notice served under paragraph (1) shall —
a
state the grounds the authorised officer has for believing that the food fails to comply with food safety requirements or, as the case may be, is unsound or unwholesome; and
b
inform the person on whom the notice is served of the right of appeal under paragraph (3).
3
Any person who is aggrieved by a decision to serve a notice under paragraph (1) may within 6 days exclusive of Saturdays, Sundays and public holidays appeal against that decision to a magistrates' court or, in Scotland, to the sheriff, who may cancel or affirm that notice.
4
No person shall breach the terms of a notice served under paragraph (1) unless that notice has been withdrawn by the food authority serving the notice or cancelled by a court.
5
By virtue of this paragraph but subject to paragraph (6), section 9 of the Act (inspection and seizure of suspected food) shall apply with respect to food intended for human consumption which —
a
is or has been imported into Great Britain from a third country; and
b
on an inspection or examination by an authorised officer, appears to that officer to fail to comply with food safety requirements or, as the case may be, to be unsound or unwholesome,
as that section applies with respect to food intended for human consumption which has been sold or is offered or exposed for sale where on an inspection by an authorised officer it appears to that officer that the food fails to comply with food safety requirements.
6
For the purposes of these Regulations, section 9 of the Act shall apply with the following modification, that is to say that the reference in subsection (5)(a) to section 7 or 8 of the Act shall be construed as a reference to these Regulations.
Offences and penalties
8
1
If any person contravenes regulation 4, 6(1) or (4) or 7(4), he shall be guilty of an offence against these Regulations.
2
Any person guilty of an offence against these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years or both.
Application of certain provisions of the Act
9
1
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 and 15 of the Act, and unless the context otherwise requires, a reference in them to the Act shall for the purposes of these Regulations be construed as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc.);
b
section 3 (presumptions that food intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence);
e
section 33 (obstruction etc. of officers);
f
section 34 (time limit for prosecutions);
g
section 36 (offences by body corporate), subject to the following modifications —
i
after the words “body corporate”, at the three places where they occur in section 36(1) of the Act, there shall be inserted the words “or Scottish partnership”, and
ii
for the word “secretary” there shall be substituted the words “secretary, partner”;
h
section 44 (protection of officers acting in good faith).
2
Section 8(2) of the Act (food which fails to comply with food safety requirements) shall apply for the purposes of these Regulations as it applies for the purposes of Part II of the Act, and the reference in the said section 8(2) to the said Part shall for the purposes of these Regulations be construed as a reference to these Regulations.
3
For the purposes of these Regulations, section 8(3) of the Act (food which fails to comply with food safety requirements which is part of a batch, lot or consignment of food of the same class or description) shall apply with the following modifications —
a
the reference to food which fails to comply with food safety requirements shall be construed as including food which is unsound or unwholesome, and
b
the reference to this section and section 9 below shall be construed as a reference to these Regulations.
4
For the purposes of these Regulations, section 30 of the Act (analysis etc. of samples) shall apply with the following modifications —
a
in subsection (1)(a), for the words from “either” to “of the authority” there shall be substituted the words “by a public analyst”;
b
subsection (3) shall be omitted; and
c
the reference in subsection (8) to the Act shall be construed as a reference to these Regulations.
Amendments to the General Food Hygience Regulations
10
The amendments to the General Food Hygiene Regulations set out in Schedule 2 shall have effect.
Revocations
11
The following provisions are hereby revoked —
a
Regulations 6 to 11, 15 to 19 and 21 to 23 of the Imported Food Regulations 1984 ; and
b
Regulations 6 to 11, 15 to 19 and 21 to 23 of the Imported Food (Scotland) Regulations 1985 .
Jeff Rooker
Minister of State Ministry of Agriculture, Fisheries and Food
23rd October 1997
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health
Department of Health
20th October 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State Welsh Office
22nd October 1997
Sam Galbraith
Parliamentary Under Secretary of State Scottish Office
22nd October 1997