text:
Citation and commencement
1
1
These Regulations may be cited as the Airports (Groundhandling) Regulations 1997.
2
This regulation and regulations 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 20, 21 and 26 shall come into force on 27th October 1997.
3
Regulation 8(b) shall come into force on 1st January 1998.
4
Regulations 8(a), 17, 18, 22, 23, 24 and 25 shall come into force —
a
in relation to category A airports, on 1st January 1999; and
b
in relation to category B airports, on 1st January 2001.
5
Regulations 15, 16 and 19 shall come into force —
a
in so far as they relate to self-handling, on 1st January 1998; and
b
in so far as they relate to suppliers of groundhandling services —
i
in relation to category A airports, on 1st January 1999; and
ii
in relation to category B airports on 1st January 2001.
Interpretation
2
1
In these Regulations —
“airport” means any area of land especially adapted for the landing, taking-off and manoeuvres of aircraft, including the ancillary installations which these operations may involve for the requirements of aircraft traffic and services including the installations needed to assist commercial air services;
“airport system” means two or more airports grouped together to serve the same city or conurbation, as referred to in Annex II to Council Regulation ( EEC ) No. 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes ;
“airports user” means any person responsible for the carriage of passengers, mail or freight by air from or to the airport in question;
“airside services” means the following categories of groundhandling services:
baggage handling;
freight and mail handling as regards the physical handling of freight and mail, whether incoming, outgoing or being transferred, between the air terminal and the aircraft;
fuel and oil handling;
ramp handling;
“category A airport” means an airport —
whose annual traffic is not less than 3 million passenger movements or 75,000 tonnes of freight; or
whose traffic has been not less than 2 million passenger movements or 50,000 tonnes of freight during the six-month period prior to 1 April or 1 October of the preceding year;
“category B airport” means an airport whose annual traffic is not less than 2 million passenger movements or 50,000 tonnes of freight;
“category C airport” means an airport whose annual traffic is not less than 1 million passenger movements or 25,000 tonnes of freight;
“the CAA ” means the Civil Aviation Authority;
“the Directive” means Council Directive 96/67/ EC of 15 October 1996 on access to the groundhandling market at Community airports ;
“groundhandling” means the services provided to airport users at airports as described in the Annex to the Directive;
“the independent examiner” means the person appointed, pursuant to regulation 18, by the CAA as an independent examiner;
“managing body of the airport” means a body which, in conjunction with other activities or not as the case may be, has as its objective under national law or regulation the administration and management of the airport infrastructures, and the co-ordination and control of the activities of the different operators present in the airport or airport system concerned;
“self-handling” means a situation in which an airport user directly provides for himself one or more categories of groundhandling services and concludes no contract of any description with a third party for the provision of such services; for the purposes of this definition, among themselves airport users shall not be deemed to be third parties where —
one holds a majority holding in the other; or
a single body has a majority holding in each; and
“supplier of groundhandling services” means any person supplying third parties with one or more categories of groundhandling services and in —
regulations 8(a), 10(8) and 27(1)(b); and
save to the extent that it applies to applications made pursuant to regulation 14(1) or 15(1), paragraph 12 of Schedule 1 to these Regulations
includes a person who sought, or who seeks, or would have wished, to be a supplier of groundhandling services.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meaning as in the Directive and cognate expressions shall be construed accordingly.
3
These Regulations shall have effect for the purpose of making such provision as is necessary to comply with the Directive and shall be construed accordingly.
4
Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations.
Managing body of the airport
3
1
Where an airport or airport system is managed and operated not by a single body but by several separate bodies, each of those bodies shall be considered part of the managing body of the airport for the purposes of these Regulations.
2
Where only a single managing body is set up for several airports or airport systems, each of those airports or airport systems shall be considered separately for the purposes of these Regulations.
Service of documents
4
1
Any notice or other document required or authorised by any provision of these Regulations to be served on or given to any person may be served or given —
a
by delivering it to that person;
b
by leaving it at his proper address;
c
by sending it to him by post at that address; or
d
by sending it to him at that address by telex or by facsimile transmission or other similar means which produce a document containing a text of the communication, in which event the document shall be regarded as served when it is received.
2
Any notice or other document required or authorised by any provision of these Regulations to be served on or given to any person may —
a
in the case of a body corporate, be served on or given to the secretary or clerk of that body;
b
in the case of a partnership, be served on or given to a partner or a person having the control or management of the partnership business or, in Scotland, the firm.
3
For the purposes of this regulation and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this regulation, the proper address of any person on whom any notice or other document is to be served or to whom any such notice or other document is to be given shall be his last known address, except that —
a
in the case of a body corporate, it shall be the address of the registered or principal office of that body; and
b
in the case of a partnership, it shall be the principal office of the partnership
and, for the purposes of this paragraph, where a company registered outside the United Kingdom or a partnership carrying on business outside the United Kingdom has an office in the United Kingdom, the principal office of that company or partnership shall be their principal office in the United Kingdom.
Application
5
1
These Regulations apply to airports in the United Kingdom which are open to commercial traffic.
2
The following provisions apply only to category A and category B airports:
a
regulations 8(a), 11(1), 12, 13, 17, 18, 22, 23, 24 and 25;
b
subject to paragraph (4) thereof, regulation 10; and
c
in so far as they relate to suppliers of groundhandling services, regulations 15 and 16.
3
The following provisions apply only to category A, category B and category C airports:
a
in so far as it relates to airside services, regulation 8(b);
b
subject to paragraph (5) thereof, regulation 9;
c
regulation 11(2)(b); and
d
in so far as they relate to self-handling for airside services, regulations 15 and 16.
4
Where an airport reaches one of the freight traffic thresholds referred to in the definitions in regulation 2 of category A, category B or category C airports the provisions of these Regulations shall not apply to categories of groundhandling services reserved exclusively for passengers save to the extent that they apply by virtue of the airport having also reached one of the passenger movement thresholds referred to in those definitions.
Airport Users' Committee
6
1
On or before 14th November 1997 the managing body of an airport shall set up a committee of representatives of airport users or organisations representing airport users in accordance with this regulation.
2
All airport users shall have the right to be on the committee or, if they so wish, to be represented on it by an organisation appointed to that effect.
Consultation
7
1
The managing body of an airport shall ensure that, at least once a year, a consultation relating to the application of these Regulations takes place between itself, the committee referred to in regulation 6 and the persons providing groundhandling services at the airport.
2
The consultation referred to in paragraph (1) above shall cover, inter alia:
a
the price of those groundhandling services for which a determination has been made pursuant to regulation 11(1)(b); and
b
the organisation of the provision of those services.
Prohibition of restrictions
8
Save as otherwise provided in these Regulations, the managing body of an airport shall take the necessary measures to —
a
ensure free access by suppliers of groundhandling services to the market for the provision of groundhandling services to third parties; and
b
ensure the freedom to self-handle.
Self-handling
9
1
The CAA may, on an application made to it by the managing body of an airport, determine that, at the airport or part of the airport, the right to self-handle in relation to one or more airside services shall be limited for such period as the CAA thinks fit.
2
A determination made pursuant to paragraph (1) above shall specify —
a
the airport and, where appropriate, the part of the airport to which it applies;
b
the airside services to which it relates;
c
the number of airport users who may exercise the right to self-handle in relation to those services, which shall be no fewer than two for each category of such services;
d
the airport users who may exercise that right;
e
the period for which it shall apply; and
f
save where it is made by virtue of paragraph (5) below, the date on which it takes effect.
3
The CAA shall choose the airport users who may exercise the right to self-handle on the basis of relevant, objective, transparent and non-discriminatory criteria.
4
A determination made pursuant to paragraph (1) above shall not take effect earlier than 1st January 1998.
5
A determination may be made pursuant to paragraph (1) above in relation to an airport appearing to the CAA to be about to become a category C airport.
6
Save where, by virtue of paragraph (8) below, the determination is deemed not to have been made, where an airport in relation to which a determination has been made by virtue of paragraph (5) above becomes a category C airport, the managing body of that airport shall serve on the CAA notice to that effect.
7
Subject to paragraphs (4) above and (8) below, a determination made by virtue of paragraph (5) above shall take effect on the date on which the CAA publishes a notice in its Official Record in accordance with paragraph 18 of Schedule 1 to these Regulations.
8
Where a determination is made by virtue of paragraph (5) above and the CAA has not received from the managing body of the airport within the period of 18 months beginning on the date on which the determination was made a notice in accordance with paragraph (6) above, the determination shall be deemed not to have been made.
9
Where an application is made pursuant to paragraph (1) above, the provisions of Schedule 1, in so far as they relate to such applications, shall apply.
Groundhandling for third parties
10
1
The CAA may, on an application made to it by the managing body of an airport, determine that, at the airport or part of the airport, the number of suppliers authorised to provide one or more airside services to third parties shall be limited.
2
A determination made pursuant to paragraph (1) above shall specify:
a
the airport and, where appropriate, the part of the airport to which it applies;
b
the airside services to which it relates;
c
the number of suppliers authorised to provide those services, which shall be no fewer than two for each category of such services; and
d
save where it is made by virtue of paragraph (4) below, the date on which it takes effect.
3
A determination made pursuant to paragraph (1) above shall not take effect earlier than —
a
at a category A airport, 1st January 1999; or
b
at a category B airport, 1st January 2001.
4
A determination may be made pursuant to paragraph (1) above in relation to an airport appearing to the CAA to be about to become a category A or a category B airport.
5
Save where, by virtue of paragraph (7) below, the determination is deemed not to have been made, where an airport in relation to which a determination has been made by virtue of paragraph (4) above becomes a category A or, as the case may be, a category B airport, the managing body of that airport shall serve on the CAA notice to that effect.
6
Subject to paragraph (3) above and (7) below, a determination made by virtue of paragraph (4) above shall take effect on the date on which the CAA publishes a notice in its Official Record in accordance with paragraph 18 of Schedule 1 to these Regulations.
7
Where a determination is made by virtue of paragraph (4) above and the CAA has not received from the managing body of the airport within the period of 18 months beginning on the date on which the determination was made a notice in accordance with paragraph (5) above, the determination shall be deemed not to have been made.
8
On its own proposal or on an application made to it by —
a
the managing body of the airport concerned;
b
a supplier of groundhandling services; or
c
an airport user
the CAA may vary from time to time or revoke a determination made pursuant to paragraph (1) above.
9
Where an application is made pursuant to paragraph (1) above or where an application or a proposal is made pursuant to paragraph (8) above, the provisions of Schedule 1 to these Regulations, in so far as they relate to such applications or, as the case may be, proposals, shall apply.
10
In any case where the number of suppliers of groundhandling services is restricted pursuant to paragraph (1) above, the Secretary of State, the CAA and the managing body of the airport concerned shall not prevent an airport user, whatever part of the airport is allocated to him, from having, in respect of each category of groundhandling services subject to that restriction, an effective choice between at least two suppliers of groundhandling services, under the conditions laid down in Article 6(2) and (3) of the Directive.
Determinations requiring Commission approval
11
1
Where at an airport specific constraints of available space or capacity, arising in particular from congestion and area utilisation rate, make it impossible to open up the market for the supply of groundhandling services to the degree provided for in the Directive, the CAA may, on an application made to it by the managing body of the airport concerned, determine to:
a
limit the number of suppliers of one or more categories of groundhandling services, other than airside services, to no fewer than two suppliers for each category of groundhandling services; or
b
reserve to a single supplier one or more airside services
at the airport or part of the airport.
2
Where at an airport specific constraints of available space or capacity, arising in particular from congestion and area utilisation rate, make it impossible to implement self-handling to the degree provided for in the Directive, the CAA may, on an application made to it by the managing body of the airport concerned, determine to:
a
reserve self-handling to a limited number of airport users for one or more categories of groundhandling services other than airside services; or
b
ban self-handling or restrict it to a single airport user for one or more airside services
at the airport or part of the airport.
3
A determination made pursuant to paragraph (1) or (2) above shall specify:
a
the airport and, where appropriate, the part of the airport to which it applies;
b
the groundhandling services to which it relates;
c
the number of suppliers of groundhandling services authorised to provide those services or, as the case may be, the number of airport users who may exercise the right to self-handle in relation to those services;
d
in the case of a determination made pursuant to paragraph (2) above, the airport users who may exercise that right;
e
the specific constraints of available space or capacity which justify the determination;
f
the period for which it shall apply; and
g
the date on which it takes effect.
4
Where the CAA has made a determination pursuant to paragraph (2) above, it shall choose the airport users who may exercise the right to self-handle on the basis of relevant, objective, transparent and non-discriminatory criteria.
5
A determination made pursuant to paragraph (1) or (2) above, other than a determination made pursuant to paragraph (1)(b) above, shall be made for a period not exceeding three years.
6
A determination made pursuant to paragraph (1)(b) above shall be made for a period not exceeding two years.
7
A determination made by the CAA pursuant to paragraph (1) or (2) above shall not:
a
unduly prejudice the aims of the Directive;
b
give rise to distortions of competition between suppliers of groundhandling services or self-handling airport users or both;
c
extend further than necessary.
8
A determination made by the CAA pursuant to paragraph (1) above shall not take effect earlier than —
a
at a category A airport, 1st January 1999; or
b
at a category B airport, 1st January 2001.
9
A determination made pursuant to paragraph (2) above shall not take effect earlier than 1st January 1998.
10
Where an application is made pursuant to paragraph (1) or (2) above, the provisions of Schedule 1 to these Regulations, in so far as they relate to such applications, shall apply.
11
The CAA shall notify the Commission of any determination made by it pursuant to paragraph (1) or (2) above at least three months before it takes effect.
12
Where, pursuant to Article 9(5) of the Directive, the Commission makes a decision either opposing or requiring an amendment to a determination made pursuant to paragraph (1) or (2) above, the CAA shall forthwith revoke or, as the case may be, amend that determination.
13
On an application made to it by the managing body of the airport concerned the CAA may determine to renew from time to time any determination made pursuant to paragraph (1) or (2) above save that a determination made pursuant to paragraph (1)(b) above may be renewed once only.
14
Paragraphs (1) to (12) above shall apply, with the necessary modifications, to an application for and the making of a renewal determination under paragraph (13) above as they applied to the application for and the making of the determination the subject of the application for renewal.
15
A determination made pursuant to paragraph (13) above shall be made no later than three months before the expiry of the determination which it is intended to renew and shall come into force no earlier than the date on which that determination expires.
Selection of suppliers
12
1
Where the CAA has made a determination to which this regulation applies, the managing body of the airport concerned shall take the necessary measures in accordance with this regulation for the organisation of a selection procedure for the suppliers authorised to provide groundhandling services.
2
This regulation applies where the CAA has:
a
made a determination pursuant to regulation 10(1);
b
varied a determination made pursuant to regulation 10(1) and in doing so has altered the number of suppliers authorised to provide one or more groundhandling services;
c
made a determination pursuant to regulation 11(1); or
d
made a determination pursuant to regulation 11(1) which renews a determination made pursuant to regulation 11(1).
3
Where paragraph (2)(b) above applies and the number of suppliers authorised to provide one or more airside services is increased, nothing in paragraph (1) above shall require the organisation of a selection procedure for the suppliers already selected to provide those services pursuant to paragraph (7) below.
4
Where paragraph 2(b) above applies and the number of suppliers authorised to provide one or more airside services is reduced, any decisions previously made pursuant to paragraph (7) below in relation to those services shall cease to be valid upon the selection of the reduced number of suppliers authorised to provide those services.
5
For the purpose of selecting the suppliers referred to in paragraph (1) above, the managing body of the airport shall cause an invitation to tender, which complies with paragraph (6) below, to be published in the Official Journal of the European Communities.
6
An invitation to tender which is published pursuant to paragraph (5) above shall specify —
a
the period for which the suppliers will be selected; and
b
the deadline for the submission of tenders (which shall be no earlier than 1 month from the date on which the invitation to tender is published beginning on that date).
7
The suppliers of groundhandling services shall be selected:
a
following consultation with the committee referred to in regulation 6, by the managing body of the airport provided that body —
i
does not provide similar groundhandling services;
ii
has no direct or indirect control over any undertaking which provides such services; and
iii
has no involvement in any such undertaking;
b
in all other cases, following consultation with the committee referred to in regulation 6 and the managing body of the airport, by the CAA.
8
A decision made pursuant to paragraph (7) above shall not take effect earlier than —
a
at a category A airport, 1 January 1999; or
b
at a category B airport, 1 January 2001.
9
A supplier of groundhandling services shall be selected for a period not exceeding seven years.
10
Where a supplier of groundhandling services ceases his activity before the end of the period for which he was selected, he shall be replaced in accordance with paragraphs (1) and (5) to (9) above.
11
Subject to paragraph (12) below, when making a decision pursuant to paragraph (7) above on or after the relevant date, the managing body of the airport or, as the case may be, the CAA shall ensure that at least one of the authorised suppliers is not directly or indirectly controlled by:
a
that managing body;
b
any airport user who has carried more than 25% of the passengers or freight recorded at the airport during the preceding year; or
c
a person controlling, or controlled directly or indirectly by, that managing body or any such user
and where at any time on or after the relevant date all of the authorised suppliers are directly or indirectly controlled by a person referred to in sub-paragraph (a), (b) or (c) of this paragraph, those suppliers shall be replaced in accordance with paragraphs (1) and (5) to (9) above.
12
Paragraph (11) above shall not apply in relation to a determination made pursuant to regulation 11(1)(b).
13
Where the Commission grants a deferral pursuant to Article 6(3) of the Directive the Secretary of State shall notify the CAA. On receipt of such notice, the CAA shall cause notice of the deferral to be published in its Official Record.
14
The managing body of the airport concerned shall inform the committee referred to in regulation 6 and the CAA of any decisions it takes pursuant to paragraph (7)(a) above.
15
The CAA shall cause notice of decisions made pursuant to paragraph (7) above to be published in its Official Record.
16
In this regulation “relevant date” means 1st January 2001 or, where the Commission has granted a deferral pursuant to Article 6(3) of the Directive, 31st December 2002.
Managing body of the airport and connected persons providing groundhandling services
13
Where the CAA has made a determination pursuant to regulation 10(1) or 11(1) or where it has made a determination pursuant to regulation 11(13) which renews a determination made pursuant to regulation 11(1), the managing body of an airport may —
a
itself provide groundhandling services without being subject to the selection procedure laid down in regulation 12; and
b
authorise another person to provide groundhandling services at the airport concerned without submitting that person to the said procedure where —
i
it controls that person directly or indirectly; or
ii
that person controls it directly or indirectly.
Centralised infrastructures
14
1
On an application from the managing body of an airport, the CAA may determine to reserve for that managing body or for another person the management of the centralised infrastructures used for the supply of groundhandling services whose complexity, cost or environmental impact does not allow of division or duplication, such as baggage sorting, de-icing, water purification and fuel-distribution systems.
2
Where the management of a centralised infrastructure has been reserved by the CAA pursuant to paragraph (1) above, a supplier of groundhandling services or a self-handling airport user at that airport shall not use any apparatus, equipment, system or other thing for the supply of the groundhandling services concerned as an alternative to that centralised infrastructure.
3
The person for whom the management of a centralised infrastructure has been reserved pursuant to paragraph (1) above shall ensure that the management of that infrastructure is transparent, objective and non-discriminatory and, in particular, that it does not hinder the access of suppliers of groundhandling services or self-handling airport users within the limits provided for in these Regulations.
4
Where an application is made pursuant to paragraph (1) above, the provisions of Schedule 1 to these Regulations, in so far as they relate to such applications, shall apply.
Prohibition of suppliers and airport users
15
1
Where, on an application made to it by the managing body of an airport, the CAA is satisfied that a supplier of groundhandling services or an airport user has failed to comply with a rule imposed upon him to ensure the proper functioning of the airport, and that rule —
a
is applied in a non-discriminatory manner to the various suppliers of groundhandling services and airport users; and
b
does not, in practice, reduce market access or the freedom to self-handle to a level below that provided for in these Regulations
the CAA may, subject to regulation 10(10), determine to prohibit, for such period as it thinks fit, that supplier or user from supplying groundhandling services or, as the case may be, self-handling.
2
A determination made pursuant to paragraph (1) above may apply to one or more categories of groundhandling services.
3
A supplier of groundhandling services or an airport user in relation to whom a determination has been made pursuant to paragraph (1) above shall not supply groundhandling services or, as the case may be, self-handle in contravention of that determination.
4
Where an application is made pursuant to paragraph (1) above, the provisions of Schedule 1 to these Regulations, in so far as they relate to such applications, shall apply.
5
In this regulation “rule” includes an obligation contained in an agreement, a byelaw made under section 63 of the Airports Act 1986 or Article 18 of the Airports (Northern Ireland) Order 1994 , or otherwise.
Access to airport installations
16
Subject to regulations 9, 10, 11, 14, 15 and 19, the managing body of an airport or, where appropriate, the public authority or any other body which controls it shall take the necessary measures to ensure that —
a
suppliers of groundhandling services and airport users wishing to self-handle have access to airport installations to the extent necessary for them to carry out their activities;
b
any conditions it places upon such access are relevant, objective, transparent and non-discriminatory;
c
the space available for groundhandling at the airport is divided among the various suppliers of groundhandling services and self-handling airport users, including new entrants in the field, to the extent necessary for the exercise of their rights and to allow effective and fair competition on the basis of relevant, objective, transparent and non-discriminatory rules and criteria;
d
any fee charged for such access is determined according to relevant, objective, transparent and non-discriminatory criteria.
Separation of accounts
17
1
A person to whom this regulation applies shall rigorously separate the accounts of his groundhandling activities from the accounts of his other activities in accordance with current commercial practice.
2
This regulation applies to:
a
a supplier of groundhandling services; and
b
where they provide groundhandling services,
i
the managing body of an airport; and
ii
an airport user.
3
A person who fails without reasonable excuse to comply with the requirements of paragraph (1) above shall be guilty of an offence.
4
The managing body of an airport shall not cause or permit its groundhandling activities to be subsidised from the revenue it derives from its role as an airport authority.
Independent examiner
18
1
In any case where, pursuant to regulation 17, the managing body of an airport, an airport user or a supplier of groundhandling services is required to separate its accounts, the CAA shall appoint in relation to that managing body, airport user or supplier a person to undertake the duties of the independent examiner described in this regulation.
2
The CAA may by notice in writing served on the independent examiner and on the person in relation to whom he has been appointed revoke an appointment made by it pursuant to paragraph (1) above.
3
The independent examiner shall check that the required separation of accounts is carried out.
4
The independent examiner appointed in relation to the managing body of an airport shall also check whether there are or have been any financial flows between the activity of the managing body as airport authority and its groundhandling activity.
5
Within a period of 15 months beginning on the date of his appointment, and at least once a year thereafter, the independent examiner shall prepare a written statement containing the results of the checks he has carried out pursuant to paragraph (3) above and, where he has been appointed in relation to the managing body of an airport, paragraph (4) above.
6
The independent examiner shall send a copy of the statement prepared by him pursuant to paragraph (5) above to the CAA.
7
The CAA shall cause any statements it receives pursuant to paragraph (6) above to be published in its Official Record.
8
The independent examiner shall be entitled to recover from the person in relation to whom he has been appointed a sum equal to any expense reasonably incurred by him in undertaking the duties of the independent examiner described in this regulation.
Reciprocity
19
1
Where it appears to the Secretary of State that a third country, with respect to access to the groundhandling or self-handling market:
a
does not, de jure or de facto , grant suppliers of groundhan dling services and self-handling airport users from the United Kingdom or another Member State treatment comparable to that granted by the United Kingdom or, as the case may be, that other Member State to suppliers of groundhandling services and self-handling airport users from that third country; or
b
grant suppliers of groundhandling services and self-handling airport users from that third country or from other third countries more favourable treatment than suppliers of groundhandling services and self-handling airport users from the United Kingdom or another Member State
the Secretary of State may wholly or partially suspend the obligations arising from these Regulations in respect of suppliers of groundhandling services and airport users from that third country.
2
The Secretary of State shall inform the Commission of any withdrawal or suspension of rights or obligations pursuant to paragraph (1) above.
3
In this regulation “third country” means any country or territory other than the United Kingdom, any other Member State or Gibraltar.
Appeals
20
1
Any person who is aggrieved by a decision or individual measure taken pursuant to regulation 7, 12 or 16 by the managing body of an airport or, in the case of regulation 16, the public authority or other body controlling the airport shall have the right to appeal to the CAA and the provisions of Part I of Schedule 2 to these Regulations shall apply in relation to such an appeal.
2
Subject to paragraph (3) below, any person who is aggrieved by a determination made by the CAA pursuant to regulations 9, 12 or 15 shall have the right to appeal to the Secretary of State and the provisions of Part II of Schedule 2 to these Regulations shall apply in relation to such an appeal.
3
Where, by virtue of regulation 9(8), a determination made pursuant to regulation 9(1) is deemed not to have been made, any appeal which has been commenced pursuant to paragraph (2) above in relation to that determination shall be discontinued.
4
A determination made pursuant to regulation 15 shall not take effect before the expiration of the period within which an appeal may be made against that determination (which period is described in Part II of Schedule 2 to these Regulations) nor, if such an appeal is brought within that period, before the determination or abandonment of the appeal.
Supplementary provisions with regard to the CAA
21
1
A determination under these Regulations may not be made on behalf of the CAA by any other person.
2
Section 4 of the Civil Aviation Act 1982 shall not apply in relation to the performance by the CAA of its functions under these Regulations.
Furnishing of information etc. to CAA
22
1
The CAA may by a notice in writing served on any person require him to furnish to the CAA, in such form and at such times as may be specified in the notice, information of such descriptions as may be so specified which relates to the accounts of any person to whom the requirements of regulation 17 apply.
2
A person shall not by virtue of paragraph (1) above be compelled —
a
to produce any documents which he could not be compelled to produce in civil proceedings before the High Court or (in Scotland) the Court of Session, or
b
in complying with any requirement for the furnishing of information, to give any information which he could not be compelled to give in evidence in such proceedings.
3
Any person who fails without reasonable excuse to comply with the requirements of a notice served on him under paragraph (1) above shall be guilty of an offence.
4
Any person who, in purported compliance with the requirements of any such notice, knowingly or recklessly furnishes information which is false in a material particular shall be guilty of an offence.
Restriction on disclosure of information
23
1
Subject to paragraph (2) below, no information with respect to any particular business which has been obtained under or by virtue of regulation 22 shall, so long as the business continues to be carried on, be disclosed without the consent of the person for the time being carrying it on.
2
Paragraph (1) above does not apply to any disclosure of information which is made —
a
to the Secretary of State or an officer of his;
b
in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
c
for the purposes of any civil proceedings brought under or by virtue of these Regulations.
3
Nothing in paragraph (1) above shall be construed as applying to any information which has been made public in accordance with regulation 18(7).
4
Any person who discloses any information in contravention of this regulation shall be guilty of an offence.
Penalties
24
1
A person who is guilty of an offence under regulation 17(3) or 22(4) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
2
A person who is guilty of an offence under regulation 22(3) shall be liable on summary conviction to a fine not exceeding the statutory maximum.
3
A person who is guilty of an offence under regulation 23(4) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Offences by bodies corporate and Scottish partnerships
25
1
Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where a Scottish partnership is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be prosecuted against and punished accordingly.
Civil liability
26
1
The obligation on the managing body of an airport to comply with —
a
regulation 8(b) is a duty owed to airport users;
b
regulations 8(a) and 17(4) is a duty owed to suppliers of groundhandling services and airport users.
2
The obligation on the Secretary of State, the CAA and the managing body of an airport to comply with regulation 10(10) is a duty owed to airport users.
3
The obligation on the person for whom the management of a centralised infrastructure has been reserved pursuant to regulation 14(1) to comply with regulation 14(3) is a duty owed to suppliers of groundhandling services and airport users.
4
The obligation on the CAA to comply with regulation 11(4) is a duty owed to airport users.
5
The obligation on a supplier of groundhandling services or an airport user in relation to whom a determination has been made pursuant to regulation 15(1) to comply with regulation 15(3) is a duty owed to suppliers of groundhandling services and airport users.
6
The obligation on the person to whom a direction is given pursuant to paragraph 8 of Part I of Schedule 2 to these Regulations to comply with that direction is a duty owed to suppliers of groundhandling services and airport users.
7
A breach of the duty owed pursuant to paragraph (1), (2), (3), (4), (5) or (6) above shall not be a criminal offence but any breach of the duty shall be actionable by any such supplier or, as the case may be, airport user who, in consequence, suffers, or risks suffering, loss or damage.
8
Proceedings under this regulation may not be brought unless —
a
the airport user or, as the case may be, the supplier bringing the proceedings has informed the person with the obligation of the breach or apprehended breach of the duty owed to him pursuant to paragraph (1), (2), (3), (4), (5) or (6) above and of his intention to bring proceedings under this regulation in respect of it; and
b
they are brought promptly and in any event within 3 months from the date when grounds for the bringing of the proceedings first arose unless the Court considers that there is good reason for extending the period within which proceedings may be brought.
9
Notwithstanding sections 21 and 42 of the Crown Proceedings Act 1947 , in proceedings brought under this regulation against the Crown the Court shall have power to grant an injunction or interdict.
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
3rd October 1997


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Specified Risk Material (Amendment) Regulations 1997 and shall come into force on 1st January 1998.
Amendment of the Specified Risk Material Regulations 1997
2
1
The Specified Risk Material Regulations 1997 shall be amended in accordance with the following provisions of this regulation.
2
At the end of regulation 7 there shall be added the following paragraph —
5
This regulation shall not apply to a food containing specified risk material derived only from animals which were slaughtered or died outside the United Kingdom which is either —
a
a food not listed in Schedule 1 to the Specified Risk Material Order 1997 ; or
b
a food which is so listed, but it was, or any ingredients in it containing specified risk material were, imported in accordance with article 6 of that Order.
.
3
At the end of regulation 19 there shall be added the following paragraph —
2
This regulation shall not apply to a carcase of a sheep or goat slaughtered before 1st January 1998.
.
Jack Cunningham
Minister of Agriculture, Fisheries and Food
22nd December 1997
Frank Dobson
Secretary of State for Health
22nd December 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
23rd December 1997
Henry McLeish
Minister of State, Scottish Office
22nd December 1997


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1997 and shall come into force on 30th April 1997.
2
In these Regulations “the principal Regulations ” means the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 6 of these Regulations.
3
In Schedule 1 to the principal Regulations —
a
there shall be inserted in column 1 in their appropriate alphabetically ordered positions the pesticides stated in column 1 of Schedule 1 to these Regulations and, in relation to each such pesticide, there shall be entered in column 2 the residues stated in column 2 of Schedule 1 to these Regulations opposite that pesticide;
b
for the residues stated in column 2 opposite the pesticide Dicofol there shall be substituted the words “sum of P, P' and O, P' isomers”.
4
In Part 1 of Schedule 2 to the principal Regulations —
a
all of the maximum levels of the pesticide Diazinon per kilogramme of the products specified in that Part shall be deleted, except for the maximum levels per kilogramme stated opposite the names of the products Early potatoes, Ware potatoes, Meat, fats and preparations of meats, Milk and Dairy produce,
b
all of the maximum levels of the pesticide Dicofol per kilogramme of the products specified in that Part shall be deleted, except for the maximum levels per kilogramme stated opposite the names of the products Apricots, Peaches (including nectarines and similar hybrids), Plums, Currants (red, black and white), Garlic and Cultivated mushrooms,
c
all of the maximum levels of the pesticide Endosulfan per kilogramme of the products specified in that Part shall be deleted, except for the maximum levels per kilogramme stated opposite the names of the products Strawberries (other than wild), Blackberries, Currants (red, black and white), Gooseberries, Early potatoes and Ware potatoes, and
d
all of the maximum levels of the pesticide Triazophos per kilogramme of the products specified in that Part shall be deleted, except for the maximum levels per kilogramme stated opposite the names of the products Garlic, Onions, Shallots, Brussels sprouts, Head cabbage, Early potatoes and Ware potatoes.
5
In Part 2 of Schedule 2 to the principal Regulations there shall be inserted, in the appropriate place to preserve the alphabetical ordering from left to right, references to each pesticide stated at the head of a column in Schedule 2 to these Regulations together with the figures stated below the statement of that pesticide so that those figures will appear opposite such groups of products or such individual products in Part 2 of Schedule 2 to the principal Regulations as they appear opposite those products in Schedule 2 to these Regulations.
6
The maximum levels of pesticides per kilogramme of the individual products stated opposite the names of such products in Schedule 3 to these Regulations shall be substituted for the corresponding maximum levels specified for those products in Part 2 of Schedule 2 to the principal Regulations.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
3rd March 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
4th March 1997


text:
Citation and commencement
1
This Order may be cited as the Wirral Community Healthcare National Health Service Trust Dissolution Order 1997 and shall come into force on 1st April 1997.
Dissolution of NHS trust
2
The Wirral Community Healthcare National Health Service Trust established by the Wirral Community Healthcare National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
13th March 1997


text:
Title and commencement
1
This Order may be cited as the Council Tax Limitation (England) (Maximum Amounts) Order 1997 and shall come into force on the day after the day on which it is made.
Maximum amounts
2
The amount which the amount calculated by an authority listed in the Schedule to this Order as its budget requirement for the financial year beginning in 1997 is not to exceed is the amount shown against the name of the authority in the Schedule, which amount does not in the case of any such authority exceed the amount already calculated by the authority as its budget requirement for that year.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State
Department of the Environment, Transport and the Regions
17th July 1997


text:
Citation and commencement
1
This Order may be cited as the Horizon National Health Service Trust (Establishment) Amendment Order 1997 and shall come into force on 11th June 1997.
Amendment of NHS Trust Establishment Order
2
In Article 4 of the Horizon National Health Service Trust (Establishment) Order 1991 for “5 non-executive” there shall be substituted “4 non-executive” and for “5 executive” there shall be substituted “4 executive”.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
30th May 1997


text:
1
This Order may be cited as the Education (Funding for Teacher Training) Designation (No. 2) Order 1997 and shall come into force on 4th August 1997.
2
The following are hereby designated as institutions eligible for funding under Part 1 of the Education Act 1994 —
a
Bedfordshire County Council.
b
Devon County Council.
c
Gloucestershire County Council.
d
Headteachers Into Industry, a company limited by guarantee.
e
Kent County Council.
Estelle Morris
Parliamentary Under-Secretary of State,
Department for Education and Employment
29th May 1997


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Cambrian Mountains — Extension) Designation (Amendment) Order 1997 and shall come into force on 1st May 1997.
Amendment of the Environmentally Sensitive Areas (Cambrian Mountains — Extension) Designation Order 1987
2
1
The Environmentally Sensitive Areas (Cambrian Mountains — Extension) Designation Order 1987 shall be further amended in accordance with the following paragraphs of this article.
2
In paragraph (1) of article 2 (interpretation) —
a
in the definition of the word “bank”, for the word “or” where it occurs immediately after the word “stone”, there shall be substituted the word “and”;
b
after the definition of “buffer zone” there shall be added the following definition —
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 4 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
In article 6 (rates of payment under agreement) —
a
in subparagraph (e) of paragraph (3), for “£35” there shall be substituted “£95”.
b
in paragraph (4) —
i
in subparagraph (a), for “£20” there shall be substituted “£30”;
ii
in subparagraph (c), for “£25” there shall be substituted “£30”;
iii
in subparagraph (e), for “£50” there shall be substituted “£90”;
iv
in subparagraph (f), for “£70” there shall be substituted “£125”;
v
in subparagraph (g), for “£80” there shall be substituted “£125”.
c
for paragraph (6) there shall be substituted the following paragraph —
6
Where an agreement includes a conservation plan, the Secretary of State shall also make payments in respect of operations included in the plan, subject to a maximum of £20,000 for that agreement.
.
d
paragraph (7) shall be deleted.
4
In paragraph 6 of Schedule 4 (conservation plan operations) the word “traditional”, where it occurs before the word “farm”, shall be deleted and the words “using traditional materials” shall be inserted after the word “buildings”.
Saving
3
Paragraph (3) of article 2 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st May 1997.
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
17th March 1997
We consent,
Roger Knapman
Patrick McLoughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Introductory Tenants (Review) Regulations 1997 and shall come into force on 12th February 1997.
2
In these Regulations references to —
a
a tenant are to an introductory tenant; and
b
a landlord are to a local authority or housing action trust which has elected to operate an introductory tenancy regime.
Right to a hearing
2
The review under section 129 of the Housing Act 1996 of the decision to seek an order for possession of a dwelling-house let under an introductory tenancy shall not be by way of an oral hearing unless the tenant informs the landlord that he wishes to have such a hearing before the end of the time permitted under subsection (1) of that section to request a review of that decision.
Who is to carry out the review
3
1
The review shall be carried out by a person who was not involved in the decision to apply for an order for possession.
2
Where the review of a decision made by an officer is also to be made by an officer, that officer shall be someone who is senior to the officer who made the original decision.
Review without a hearing
4
If there is not to be a hearing the tenant may make representations in writing in connection with the review and such representations shall be considered by the landlord who shall inform the tenant of the date by which such representations must be received, which shall not be earlier than five clear days after receipt of this information by the tenant.
Review by way of a hearing
5
1
Subject to the provisions of this regulation, the procedure in connection with a review by way of hearing shall be such as the person hearing the review shall determine.
2
A tenant who has requested a hearing has the right to —
a
be heard and to be accompanied and may be represented by another person whether that person is professionally qualified or not, and for the purposes of the proceedings any representative shall have the rights and powers which the tenant has under these Regulations;
b
call persons to give evidence;
c
put questions to any person who gives evidence at the hearing; and
d
make representations in writing.
Notice of hearing
6
The landlord shall give the tenant notice of the date, time and place of the hearing, which shall be not less than five days after receipt of the request for a hearing and if the tenant has not been given such notice, the hearing may only proceed with the consent of the tenant or his representative.
Absence of tenant at hearing
7
If any person shall fail to appear at the hearing, notice having been given to him in accordance with regulation 6, the person conducting the review may, having regard to all the circumstances including any explanation offered for the absence, proceed with the hearing notwithstanding his absence, or give such directions with a view to the conduct of the further review as that person may think proper.
Postponement of hearing
8
A tenant may apply to the landlord requesting a postponement of the hearing and the landlord may grant or refuse the application as they see fit.
Adjournment of hearing
9
A hearing may be adjourned by the person hearing the review at any time during the hearing on the application of the tenant, his representative, or at the motion of the person hearing the review and, if a hearing is adjourned part heard and after the adjournment the person or persons hearing the review differ from those at the first hearing, otherwise than through the operation of paragraph 7, proceedings shall be by way of a complete rehearing of the case.
Absence of person hearing the review
10
Where more than one person is conducting the review, any hearing may, with the consent of the tenant or his representative but not otherwise, be proceeded with in the absence of one of the persons who is to determine the review.
David Curry
Minister of State,
Department of the Environment
14th January 1997
William Hague
Secretary of State for Wales
16th January 1997


text:
Citation
1
This Order may be cited as the Nottinghamshire Fire Services (Combination Scheme) Order 1997 and shall come into force on the day after the day on which it is made.
Combination Scheme
2
The combination scheme set out in the Schedule to this Order, which shall be known as the Nottinghamshire Fire Services Combination Scheme, shall have effect.
George Howarth
Parliamentary Under-Secretary of State
Home Office
18th November 1997


text:
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1997 and shall come into force on 30th June 1997.
2
1
The Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1996 shall be amended as follows.
2
In regulation 4, in both paragraphs (2) and (3), for the words ““and is first used before 1st July 1997”” to be inserted into paragraphs (10) and (10B)(c) of regulation 61 (emissions) of the Road Vehicles (Construction and Use) Regulations 1986 , there shall be substituted the words ““and is first used before 1st January 1998””.
Signed by authority of the Secretary of State for Transport
Helene Hayman
Parliamentary Under Secretary of State,
Department of Transport
6th June 1997


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 2) Order 1997 and shall come into force on 29th April 1997.
2
In entry ML7 in Part III of Schedule 1 to the Export of Goods (Control) Order 1994 there shall be substituted for the words from “Toxicological agents” (where they first appear) to “chemical warfare ( CW ) agents” the words —
Toxicological agents, toxic chemicals, “tear gases”, related equipment, components, materials and “technology” as follows:
Toxicological agents and toxic chemicals, as follows:
Biological agents and radioactive materials “adapted for use in war” to produce casualties in humans or animals, degrade equipment or damage crops or the environment, and chemical warfare (“CW”) agents;
The chemicals listed in items (1) to (6) of the Schedule to the Chemical Weapons Act 1996 , read with notes 2 and 3 of that Schedule, whether or not they are CW agents within entry ML7.a.;
3-Quinuclidinyl benzilate ( BZ ) [ CAS 6581-06-02];
.
Anthony Nelson,
Minister for Trade,
Department of Trade and Industry
19th March 1997


text:
Title, extent and commencement
1
These Regulations may be cited as the Suckler Cow Premium (Amendment) Regulations 1997, shall extend to Great Britain and shall come into force on 28th February 1997.
Amendment to the Suckler Cow Premium Regulations 1993
2
The Suckler Cow Premium Regulations 1993 shall be amended by the insertion of the following paragraph after paragraph (2) of regulation 3 —
3
Where any additional payment provided for by Article 1 of Council Regulation ( EC ) No. 2443/96 providing for additional measures for direct support of producers' incomes or for the beef and veal sector is made to a successful applicant, then —
a
he shall be deemed to have applied for that payment under this regulation in the like manner that he applied for the premium concerned;
b
the application he is deemed to have made as aforesaid shall for the purposes of paragraph (2) of this regulation be regarded as one and the same as the application he did make and which attracted that additional payment; and
c
that additional payment shall for the purposes of regulations 3A to 12 (other than regulation 9(d)(ii)) be regarded as a payment of that premium.
.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
5th February 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
6th February 1997


text:
Citation and commencement
1
These Regulations may be cited as the Education (Pupil Registration) (Amendment) Regulations 1997 and shall come into force on 1st January 1998.
Amendments
2
The Education (Pupil Registration) Regulations 1995 shall be amended in accordance with regulations 3 to 6 below.
3
— In regulation 7 (contents of attendance register) —
1
in paragraph (1) for the words “morning and afternoon” there shall be substituted the words “morning session and once during each afternoon”;
2
for sub-paragraph (1)(a) there shall be substituted the following sub-paragraph —
a
in the case of every pupil whose name is entered in and not deleted from the admission register whether the pupil is present, absent or attending an approved educational activity within paragraph (4A);
;
3
after sub-paragraph (1)(b) there shall be inserted the following sub-paragraph —
c
in the case of any such pupil of compulsory school age who is attending an approved educational activity the nature of that activity:
4
in paragraph (4) for the words “commencement of a session” there shall be substituted the words “time when the register is taken”;
5
after paragraph 4 there shall be inserted the following paragraph —
4A
An approved educational activity is an activity which takes place outside the school premises and which is —
a
approved by a person authorised in that behalf by the proprietor of the school;
b
of an educational nature, including work experience under section 560 of the Education Act 1996 and a sporting activity; and
c
supervised by a person authorised in that behalf by the proprietor or the head teacher of the school.
.
4
In regulation 8 (leave of absence) sub-paragraph (2)(a) shall be omitted.
5
In regulation 9 (deletions from admission register) after sub-paragraph (9)(1)(g) there shall be inserted the following sub-paragraph —
ga
that he has been continuously absent from the school for a period of not less than four weeks and he is detained in pursuance of a final order made by a court or of an order of recall made by the Secretary of State.
.
6
— In regulation 10 (dual registration) —
1
after paragraph (3) there shall be inserted the following paragraphs —
3A
This paragraph applies to a pupil who
a
has no fixed abode for the reason that his parent is engaged in a trade or business of such a nature as to require him to travel from place to place; and
b
is at any time registered as a pupil at two or more schools.
3B
The name of a pupil to whom paragraph (3A) applies shall not be deleted from the register of a school pursuant to regulation 9(1)(b) while he is attending that school.
3C
The name of a pupil to whom paragraph (3A) applies shall not be deleted from that pupil’s school of ordinary attendance pursuant to regulation 9(1)(b).
3D
Subject to paragraph (3E), for the purposes of paragraph (3C), a school shall be a pupil’s school of ordinary attendance if, during the immediately preceding 18 months, it is the school which the pupil has attended during periods when his parent is not travelling in the course of trade or business.
3E
In any case in which two or more schools fulfil the definition of a school of ordinary attendance in paragraph (3D), paragraph (3C) shall apply only in respect of the school which fulfils the definition most recently.
; and
2
in paragraph (4) the number “(3E)” shall be substituted for the number “(3)”.
Estelle Morris
Parliamentary Under-Secretary of State,
Department for Education and Employment
28th October 1997
Ron Davies
Secretary of State for Wales
29th October 1997


text:
Citation and commencement
1
These Regulations may be cited as the Housing (Right to Acquire) Regulations 1997 and shall come into force on 1st April 1997.
Modification to the Right to Buy
2
1
Part V of the Housing Act 1985 (the right to buy) as it applies in relation to the right under section 16 of the Housing Act 1996 (right of tenant to acquire dwelling) has effect subject to the exceptions, adaptations and other modifications specified in Schedule I to these Regulations.
2
Part V of the Housing Act 1985 as it applies by virtue of paragraph (1) is set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
5th March 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State for Wales
5th March 1997


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States and the State of Israel) Order 1997. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters 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:
1
This Order may be cited as the Food and Environment Protection Act 1985 (Jersey) (Amendment) Order 1997 and shall come into force on 22nd August 1997.
2
In article 3 of the Food and Environment Protection Act 1985 (Jersey) Order 1987 (“ the Order ”) for the words “Schedules 2 to 4” there shall be substituted the words “Schedules 2 and 3”.
3
Section 14 of the Food and Environment Protection Act 1985 (“the 1985 Act ”), shall extend to the Bailiwick of Jersey with the substitution for paragraph 10 of the Schedule to the Order of —
10
In section 14 —
a
in subsection (1), for the words “each licensing authority, as respects licences for which it is the licensing authority, to maintain, in accordance with regulations,” there shall be substituted the words “the Committee to maintain”;
b
in paragraphs (a) to (d) of subsection (1), for the words “that authority” there shall be substituted the word “it”;
c
in subsection (5), for the words “each licensing authority” there shall be substituted the words “the Committee”, and for the words “the authority” there shall be substituted the word “it”;
d
in subsection (7), for the words “in regulations” there shall be substituted the words “by Order made by the Committee”;
e
for subsection (8), there shall be substituted —
8
The Subordinate Legislation (Jersey) Law, 1960 as amended by the Subordinate Legislation (Amendment) (Jersey) Law, 1976, shall apply to Orders made under this section.
.
4
Paragraph 3 of Schedule 2 to the 1985 Act shall extend to the Bailiwick of Jersey with the substitution for sub-paragraph (b)(ii) of paragraph 17 of the Schedule to the Order of —
ii
in sub-paragraph (3), for the words from “under” to “an officer” there shall be substituted the words “under Part II of this Act an officer”;.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 1997 and shall come into force on 1st October 1997.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulation 4 of these Regulations shall apply as from 1st October 1997 to vehicles registered under the Vehicle Excise and Registration Act 1994 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to regulation 4 (application and exemptions)
3
1
Regulation 4 shall be amended as follows.
2
In column 3 of items 2 and 3 in the Table, after “10,” there shall be inserted “10A,”.
Replacement of regulation 10 (indication of overall travelling height)
4
For regulation 10 there shall be substituted the provisions set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under-Secretary of State,
Department of Transport
26th February 1997


text:
Citation and commencement
1
These Regulations may be cited as the Friendly Societies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) (Amendment) Regulations 1997 and shall come into force on 20th March 1997.
Interpretation
2
In these Regulations “the principal Regulations ” means the Friendly Societies (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1996 .
Amendments to the principal Regulations
3
In regulation 7 of the principal Regulations (which inserts regulations 5A and 5B in the Friendly Societies (Provisional Repayments for Exempt Business) Regulations 1993 in relation to cases where payments of interest on relevant gilt-edged securities are made without deduction of tax to friendly societies carrying on exempt business as defined in the principal Regulations), the inserted regulation 5A shall be amended in accordance with regulation 4.
4
1
In paragraph (6) sub-paragraph (a) shall be omitted.
2
In paragraph (8), in the substituted sub-paragraph (9) —
a
in sub-paragraphs (i) and (ii) of paragraph (a), after the words “general annuity business” there shall be inserted the words “or tax exempt class IV business”;
b
in sub-paragraphs (i) and (ii) of paragraph (b), for the words “long term business other than life or endowment business” there shall be substituted the words “tax exempt class IV business”;
c
in paragraph (b)(iii), for the words “long term business other than life assurance business” there shall be substituted the words “tax exempt class IV business”.
3
In paragraph (8), in the substituted sub-paragraph (9A) —
a
in the definition of “tax exempt basic life assurance and general annuity business” for the words “regulation 5(2) of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1992” there shall be substituted the words “regulation 6(2) of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997” ;
b
after that definition there shall be inserted the following definition —
“tax exempt class IV business” shall be construed in accordance with the definition inserted in section 431(2) by regulation 7(2) of those Regulations; and
;
c
in the definition of “long term business”, for the words “regulation 5(4)” there shall be inserted the words “regulation 6(4)”;
d
the definition of “life or endowment business” and the word “and” immediately preceding it shall be omitted.
4
In paragraph (9) sub-paragraph (a) shall be omitted.
Patrick McLoughlin
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
25th February 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Torch Communications Ltd) Order 1997 and shall come into force on 17th April 1997.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Ian Taylor,
Parliamentary Under-Secretary of State for Science and Technology,
Department of Trade and Industry
17th March 1997


text:
Citation and commencement
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) (No. 2) Order 1997 and shall come into force on 20th October 1997.
Specified Bodies
2
The following bodies are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985 (priority of charges) —
a
Green Park Mortgage Funding Limited;
b
HSMS;
c
Hyde Park Mortgage Funding Limited;
d
Regent’s Park Mortgage Funding Limited;
e
Silhouette Mortgages Limited;
f
Southern Pacific Mortgage Limited;
g
St. James Park Mortgage Funding Limited;
h
Transamerica Lending Company.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
29th September 1997


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Mid-Norfolk Railway Order 1997 and shall come into force on 23rd September 1997.
Interpretation
2
In this Order, unless the context otherwise requires —
“the Board” means the British Railways Board;
“the Board’s railway” means so much of the railway of the Board (including the site of the railway) in the County of Norfolk described in and authorised by the Norwich and Brandon Railway Act 1845 or the Norfolk Railway Extensions, Dereham, Wells and Blakeney Branch Act 1846 , and works relating thereto, as lies between a point immediately west of the junction of the said railway and the main Thetford to Norwich railway at Wymondham, in the District of South Norfolk at reference point TG 1130 0090 and a point immediately south of Norwich Road at East Dereham in the District of Breckland at reference point TF 9935 1320 and includes all lands held by the Board relating to the said railway or to any stations or other works connected therewith, and lying between those points;
“protective equipment” includes gates, barriers, lights, traffic signs (within the meaning of section 64 of the Road Traffic Regulation Act 1984 ), manual, mechanical, automatic, electronic or telephonic equipment or other devices;
“reference point” means Ordnance Survey National Grid reference point;
“the transfer date” means the date on which the Board’s railway or any part thereof is vested in the Trust by virtue of an agreement made between the Board and the Trust; and
“the Trust” means the Mid-Norfolk Railway Preservation Trust (Registered Charity No. 1046931) incorporated under the Companies Act 1985 as a company limited by guarantee and whose registered office is at Railway Station, Station Road, Yaxham, East Dereham, Norfolk NR19 1RD.
Disapplication of certain enactments relating to level crossings
3
Section 47 of the Railways Clauses Consolidation Act 1845 (roads crossed on a level) and section 6 of the Railways Clauses Act 1863 (lodges at level crossings) shall on the transfer date cease to apply to the Board’s railway or the relevant part thereof.
PART II
TRANSFER OF BOARD'S RAILWAY
Transfer of Board’s railway
4
1
Subject to the following provisions of this article, the Board may transfer the whole or any part of the Board’s railway to the Trust on such terms and conditions as may be agreed between the Board and the Trust.
2
On and after the transfer date the Trust shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations of the Board whether statutory or otherwise relating to the Board’s railway or the relevant part thereof, with the intent that the Board shall be released from all such obligations.
3
Without prejudice to the generality of paragraph (2) above sections 116, 117 and 118 of the Transport Act 1968 shall, on and after the transfer date, apply to the Board’s railway or the relevant part thereof as if references to the Board were references to the Trust.
PART III
MISCELLANEOUS
Power to operate and use railway
5
Subject to article 8 of this Order, on and after the transfer date the Trust may operate and use the Board’s railway as a system, or part of a system, of transport for the carriage of passengers and goods.
Safety of approved works, etc.
6
1
Where pursuant to regulations made under section 41 of the Transport and Works Act 1992 (approval of works, plant and equipment) approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment (including vehicles) forming part of the Board’s railway, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the said railway.
2
If without reasonable cause the provisions of paragraph (1) above are contravened on or after the transfer date the Trust shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Health and Safety Executive or the Director of Public Prosecutions.
Level crossings
7
1
On and after the transfer date the provisions set out in Part II of the Schedule to this Order shall apply to the level crossings mentioned in Part I of that Schedule.
2
Without prejudice to the generality of article 4(2) of this Order the British Railways Board (Norfolk Railway) (Yaxham Road Level Crossing) Order 1977 and the British Railways Board (Norfolk Railway) (Hall Lane Level Crossing) Order 1977 shall, on and after the transfer date, respectively apply to the level crossings mentioned in Part III of that Schedule as if references to the Board were references to the Trust.
Restrictions as to the conveyance of passengers
8
No part of the Board’s railway shall be used for the conveyance of passengers without the prior written permission of the Health and Safety Executive.
Signed by authority of the Secretary of State for Transport
Richard Bird
Director, Urban and Local Transport Directorate
Department of the Environment, Transport, and the Regions
16th September 1997


text:
Title and commencement
1
These Regulations may be cited as the Products of Animal Origin (Import and Export) (Amendment) Regulations 1997 and shall come into force on 1st January 1998.
Interpretation
2
In these Regulations “the principal Regulations ” means the Products of Animal Origin (Import and Export) Regulations 1996 .
Amendment of the principal Regulations
3
1
In regulation 1(2) of the principal Regulations,
a
for the term “Decision 95/357” there shall be substituted the following —
“Decision 97/778” means Commission Decision 97/778/ EC drawing up a list of border inspection posts agreed for veterinary checks on products and animals from third countries, laying down detailed rules concerning the checks to be carried out by the veterinary experts of the Commission and repealing Decision 96/742/EC , as read in accordance with Schedule 1;
;
b
after the definition of the term “Decision 97/778” there shall be inserted the following —
“Directive 71/118” means Council Directive 71/118/ EEC on health problems affecting trade in fresh poultry meat , as read in accordance with Schedule 1;
“Directive 72/462” means Council Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries , as read in accordance with Schedule 1;
;
c
after the definition of the term “Directive 90/675” there shall be inserted the following —
“Directive 91/493” means Council Directive 91/493/EEC laying down the health conditions for the production and placing on the market of fishery products , as read in accordance with Schedule 1;
“Directive 92/45” means Council Directive 92/45/EEC on public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat , as read in accordance with Schedule 1;
; and
d
after the definition of “local authority” there shall be inserted the following —
“the New Zealand Equivalence Agreement” means the Agreement and Annexes attached to Council Decision 97/132/EC on the conclusion of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products;
.
2
For the term “Decision 95/357” in —
a
the definition of “border inspection post” in regulation 1(2) of, and
b
in regulation 20(2) of,
the principal Regulations, there shall be substituted the term “Decision 97/778”.
4
In regulation 6 (enforcement powers) of the principal Regulations —
a
at the end of paragraph (3)(e) there shall be added —
or a representative of the New Zealand authorities acting as an inspector under the New Zealand Equivalence Agreement.
; and
b
after paragraph (5) there shall be added —
6
Paragraph (3) above shall apply to a representative of the New Zealand authorities acting as an inspector under the New Zealand Equivalence Agreement in the same way as it applies to an authorised officer of the Minister or a local authority.
.
5
For regulation 30 (calculation of charge) of the principal Regulations there shall be substituted the following —
30
The charge for carrying out a health inspection and control exercise must be reasonable, and
a
in any case other than imports, must cover the factors listed in paragraphs 1(a), (c), (e) and (f) of Schedule 4, read with paragraphs 2 and 3 of that Schedule;
b
in relation to any import of any product of animal origin which is not covered by sub-paragraph (c) to (e) below, must cover the factors specified in paragraph 1 of Schedule 4, read with paragraphs 2 and 3 of that Schedule;
c
in relation to any import of meat —
i
which is meat covered by the provisions of —
aa
Directive 71/118, Chapter III (fresh poultry meat),
bb
Directive 72/462 (fresh meat),
cc
Directive 92/45, Chapter III (wild game meat), or
dd
Directive 92/118, Chapter 11 of Annex I (rabbit meat and farmed game meat), and
ii
which is imported from a third country which is not covered by sub-paragraph (e) below,
shall be calculated in accordance with Schedule 4A;
d
in relation to any import of any fishery products —
i
which are covered by the provisions of Chapter II of Directive 91/493 (fishery products which have to be imported through a border inspection post), other than those covered by paragraph 2 of article 10 in that Chapter, and
ii
which are imported from a third country which is not covered by sub-paragraph (e) below,
shall be calculated in accordance with Schedule 4B; and
e
in relation to any import of any product of animal origin from a third country specified in column 1 of Schedule 4C, shall be calculated in accordance with column 2 of that Schedule.
6
After regulation 30 there shall be inserted —
European Currency Unit
30A
1
In Schedules 4A, B and C (charges applicable under regulation 30), the term “ ECU ” means European Currency Unit, and any reference in those Schedules to a specified number of ECU shall be taken as a reference to the sterling equivalent of that number of ECU, converted in accordance with paragraph (2) below.
2
The sterling equivalent of any amount expressed in Schedules 4A, B or C as a number of ECU shall be calculated as follows —
a
from 1st January 1998 to 31st December 1998, the rate shall be ECU 1equals;£0.774947 ; and
b
from 1st January 1999, the rate for each subsequent year to 31st December shall be that which is normally published annually on the first working day of the preceding September in the C series of the Official Journal of the European Communities.
.
7
In Schedule 1 to the principal Regulations,
a
for the entry relating to Directive 82/894 there shall be substituted the following —
Directive 71/118
1
Directive 71/118 has been amended by, and must be read subject to:
Council Directive 92/116/EEC ( OJ No. L062, 15.3.93, p. 1);
Council Directive 94/65/EC (OJ No. L368, 31.12.94, p. 10);
Act of Accession (Austria, Finland and Sweden) (OJ No. L1, 1.1.95, p. 1).
Directive 72/462
1A
Directive 72/462 has been amended by, and must be read subject to:
Council Directive 77/98/EEC (OJ No. L26, 31.1.77, p. 81);
Council Directive 83/91/EEC (OJ No. L59, 5.3.83, p. 34);
Council Directive 87/64/EEC (OJ No. L34, 5.2.87, p. 52);
Council Directive 88/289/EEC (OJ No. L124, 18.5.88, p. 1);
Council Directive 88/657/EEC (OJ No. L382, 31.12.88, p. 3);
Council Directive 89/227/EEC (OJ No. L93, 6.4.89, p. 25);
Council Directive 89/662/EEC (OJ No. L395, 30.12.89, p. 13);
Council Directive 90/423/EEC (OJ No. L224, 18.8.90, p. 13);
Council Directive 90/425/EEC (OJ No. L224, 18.8.90, p. 29);
Council Directive 90/675/EEC (OJ No. L373, 31.12.90, p. 1);
Council Directive 91/69/EEC (OJ No. L46, 19.2.91, p. 37);
Council Directive 91/266/EEC (OJ No. L134, 29.5.91, p. 45);
Council Directive 91/496/EEC (OJ No. L268, 24.9.91, p. 56);
Council Directive 91/497/EEC (OJ No. L268, 24.9.91, p. 69);
Council Regulation (EEC) No. 3763/91 (OJ No. L356, 24.12.91, p. 1);
Council Directive 91/688/EEC (OJ No. L377, 31.12.91, p. 18);
Council Regulation (EEC) No. 1601/92 (OJ No. L173, 27.6.92, p. 13);
Act of Accession (Austria, Finland and Sweden) (OJ No. L1, 1.1.95, p. 1);
Council Directive 96/91/EC (OJ No. L13 16.1.97 p. 27).
Directive 82/894
1B
Directive 82/894 has been amended by, and must be read subject to:
Council Regulation (EEC) No. 3768/85 (OJ No. L362, 31.12.85, p. 8);
Commission Decision 89/162/EEC (OJ No. L61, 4.3.89, p. 48);
Commission Decision 90/134/EEC (OJ No. L76, 22.3.90, p. 23);
Commission Decision 92/450/EEC (OJ No. L248, 28.8.92, p. 77);
Act of Accession (Austria, Finland and Sweden) (OJ No. L1, 1.1.95, p. 1).
;
b
after the entry relating to Directive 90/675, there shall be inserted the following —
Directive 91/493
4A
Directive 91/493 has been amended by, and must be read subject to:
Council Directive 95/71/EC (OJ No. L332, 30.12.95, p. 40);
Act of Accession (Austria, Finland and Sweden) (OJ No. L1, 1.1.95, p. 1).
Directive 92/45
4B
Directive 92/45 has been amended by, and must be read subject to:
Council Directive 92/116/EEC (OJ No. L62, 15.3.93, p. 1);
Act of Accession (Austria, Finland and Sweden) (OJ No. L1, 1.1.95, p. 1);
and
c
for the entry relating to Decision 95/357, there shall be substituted the following —
Decision 97/778
5
Decision 97/778 has been amended by, and must be read subject to:
Commission Decision 97/779 (OJ No. L315, 19.11.97, p. 28).
.
8
For Schedule 4 to the principal Regulations there shall be substituted the Schedule set out in Schedule 1 to these Regulations.
9
After Schedule 4 to the principal Regulations there shall be inserted the Schedules set out in Schedule 2 to these Regulations.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
11th December 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
11th December 1997


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Housing Management and Security Work) (Exemptions) (England) Order 1997 and shall come into force for the purposes of article 3 on 1st February 1998 and for all other purposes on 1st August 1998.
2
This Order applies in relation to defined authorities in England only.
Housing management
2
1
In this article–
“house” has the same meaning as in Part II of the Housing Act 1985 (“the 1985 Act ”), but does not include–
a hostel as defined in section 622 of the 1985 Act, or
a flat in relation to which the right to buy under Part V of that Act has been exercised;
“housing stock” means the number of houses provided by a defined authority under Part II of the 1985 Act; and
“relevant year” means a period of twelve months beginning with 1st August in any year and ending on 31st July in the following year.
2
During the relevant year beginning in 1998 housing management carried out by a defined authority shall not be treated as a defined activity so long as the housing stock of the authority on 1st July 1998 is not more than 4,000.
3
In any relevant year starting in 1999 or subsequently housing management carried out by a defined authority shall not be treated as a defined activity so long as, on 1st July in the immediately preceding relevant year, the housing stock of the authority is not more than 2,500.
Security work
3
For article 2(1)(b) of the Local Government Act 1988 (Security Work) (Exemption) (England) Order 1995 there shall be substituted the following–
b
at least 80 per cent. of whose working time is occupied carrying out security work at a controlled place.
Revocations
4
The Orders specified in the first column of the Schedule to this Order are revoked to the extent specified in the third column.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
28th January 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Existing Liabilities Scheme) (Amendment) Regulations 1997 and shall come into force on 21st March 1997.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Existing Liabilities Scheme) Regulations 1996 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation), for the definition of “relevant function” there shall be substituted the following: —
“relevant function” means the function of providing services in England for the purposes of the National Health Service Act 1977 or by virtue of section7 of the Health and Medicines Act 1988 or under paragraph 14 or 15 of Schedule 2 to the Act;
.
Amendment of regulation 6 of the principal Regulations
3
In regulation 6 of the principal Regulations (payments under the Scheme) —
a
in paragraph (1), for the words “a qualifying liability falls to be met by any eligible body” there shall be substituted the words “a payment falls to be made by any eligible body in connection with a claim in respect of a qualifying liability,”;
b
in paragraph (2) for sub-paragraph (c) there shall be substituted the following sub-paragraphs: —
c
any payment which falls to be made by an eligible body in consequence of that body having agreed, without the prior consent in writing of the Secretary of State, to be bound by the determination of any person or body as to the making of a payment by that eligible body in respect of a qualifying liability; or
d
any payment, other than one to which sub-paragraph (c) above applies, which the eligible body has agreed to make otherwise than in the course of legal proceedings, or in consequence of that body having compromised legal proceedings, without the prior consent in writing of the Secretary of State.
;
c
in paragraph (3) for sub-paragraph (d) there shall be substituted the following sub-paragraphs: —
d
where, otherwise than in the course of legal proceedings —
i
an eligible body has agreed to make a payment in settlement of a claim, the amount of that payment,
ii
an eligible body has agreed to make any contribution towards legal or associated costs incurred by a person in connection with that person’s claim against the eligible body in respect of a qualifying liability, the amount of that contribution,
and the amount of any legal or associated costs incurred by the eligible body in connection with the claim; or
e
where an eligible body has agreed to be bound by the determination of any person or body as to the making of a payment by the eligible body in respect of a qualifying liability, the amount of the payment and the amount of any legal or associated costs incurred by either party in connection with the claim.
.
Gerald Malone
Minister of State,
Department of Health
21st February 1997
We consent,
Roger Knapman
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
27th February 1997


text:
1
This Order may be cited as The A1 Trunk Road (Haringey) (Temporary Prohibition of Traffic) Order 1997 and shall come into force on the 28th November 1997.
2
This Order is made because the Traffic Director for London is satisfied that traffic in the A1 Archway Road should be prohibited from stopping because works are being or are proposed to be executed on or near the aforementioned road in the vicinity of its junction with Langdon Park Road.
3
During the period starting at 00.01 hours on 28th November 1997 and ending at 23:59 on 28th February 1998 or when those works have been completed, whichever is the sooner, subject to the provisions of article 4 below, no person shall cause or permit any vehicle to stop on the A1 Archway Road south-eastbound between a point opposite the party wall of nos. 164 and 166 Archway Road and a point 30.0 metres north-west of the aforementioned party wall.
4
1
The provisions of article 3 above shall apply only during such times and to such extent as may from time to time be indicated by traffic signs.
2
The provisions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
TRO 384
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
28th November 1997


text:
Citation and commencement
1
This Order may be cited as the Derwen National Health Service Trust (Dissolution) Order 1997 and shall come into force on 1st April 1997.
Dissolution of NHS trust
2
The Derwen National Health Service Trust established by the Derwen National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
William Hague
Secretary of State for Wales
3rd March 1997


text:
Title and commencement
1
This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 1997 and shall come into force on 1st July 1997.
Interpretation
2
In this Order, unless the context otherwise requires, expressions have the same meanings as they have in the Schemes.
Rates of levy
3
1
For the relevant year the rates of levy per tonne of cereals delivered, which appear to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal, shall in each case be —
a
51.1125 pence in respect of dealer levy,
b
47 pence in respect of grower levy,
c
9.69375 pence in respect of standard rate processor levy, and
d
4.7 pence in respect of reduced rate processor levy.
2
For the relevant year the rate of levy per tonne of oilseeds delivered, which appears to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of oilseed, shall in each case be 76.375 pence.
Lord Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
15th May 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
15th May 1997
Lord Dubs
Parliamentary Under Secretary of State, Northern Ireland Office
22nd May 1997
Signed by authority of the Secretary of State for Wales:
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
20th May 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Worldcom International Inc) Order 1997 and shall come into force on 17th April 1997.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Ian Taylor,
Parliamentary Under-Secretary of State for Science and Technology,
Department of Trade and Industry
17th March 1997


text:
Title, extent and commencement
1
These Regulations may be cited as the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1997, shall extend to Great Britain and shall come into force on 4th February 1997.
Amendments to the Hill Livestock (Compensatory Allowances) Regulations 1996
2
1
The Hill Livestock (Compensatory Allowances) Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (3) of regulation 2 (interpretation) there shall be substituted for “these Regulations” on its second appearance the following —
the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1997
.
3
There shall be inserted at the beginning of paragraph (1) of regulation 3 (compensatory allowances for breeding cows and ewes) the following phrase —
Subject to paragraphs (1A) and (1B),
.
4
There shall be inserted between paragraphs (1) and (2) of regulation 3 the following paragraphs —
1A
Notwithstanding the rate of payment per breeding cow which is set out in paragraph (1), where a person is eligible under that paragraph to be paid a compensatory allowance for breeding cows in respect of the 1997 Scheme year, the rates of payment for breeding cows applicable to that year shall be as follows —
a
where the eligible land indicated on the area aid application submitted by that person as described in paragraph (1) comprises severely disadvantaged land only, £97.50 per breeding cow;
b
where that eligible land comprises both severely disadvantaged land and disadvantaged land —
i
£97.50 per breeding cow, up to an amount of money calculated by multiplying the total number of hectares of that severely disadvantaged land and any other such land occupied by the person concerned which (although not indicated on that area aid application) is relevant afforested land by £121.49 and deducting from the resulting figure any compensatory allowance for sheep payable to the person concerned under paragraph (1B)(a), and
ii
thereafter for additional breeding cows, £69.75 per breeding cow; and
c
where that eligible land comprises disadvantaged land only, £69.75 per breeding cow.
1B
Notwithstanding the rate of payment per ewe which is set out in paragraph (1), where a person is eligible under that paragraph to be paid a compensatory allowance for ewes in respect of the 1997 Scheme year, the rates of payment for ewes applicable to that year shall be as follows —
a
in the case of ewes which are of a hardy breed or hardy cross-breed comprised in a specially qualified flock, £5.75 per ewe;
b
in the case of any other ewes maintained by that person —
i
(where the eligible land indicated on the area aid application submitted by him as described in paragraph (1) comprises severely disadvantaged land only) £3 per ewe,
ii
(where that eligible land comprises both severely disadvantaged land and disadvantaged land) —
aa
£3 per ewe, for a number of ewes calculated by multiplying the total number of hectares of that severely disadvantaged land and any other such land occupied by him which (although not indicated on that area aid application) is relevant afforested land by 6 and deducting from the resulting figure the number of ewes (if any) for which a compensatory allowance is payable to the person concerned under sub-paragraph (a) of this paragraph, up to an amount of money calculated by multiplying the said total number of hectares by £121.49 and deducting from the resulting figure any compensatory allowance for cattle payable to the person concerned under paragraph (1A)(b)(i) and any compensatory allowance for ewes payable to him under sub-paragraph (a) of this paragraph, and
bb
thereafter for additional ewes, £2.65 per ewe, and
iii
(where that eligible land comprises disadvantaged land only) £2.65 per ewe.
.
5
There shall be inserted at the beginning of paragraph (3) of regulation 3 the following phrase —
Subject to paragraph (3A),
.
6
There shall be inserted between paragraphs (3) and (4) of regulation 3 the following paragraph —
3A
Insofar as the reference to “any Scheme year” in paragraph (3) is a reference to the 1997 Scheme year —
a
the reference in sub-paragraph (a) of that paragraph to “£88.70” shall be construed as a reference to £121.49; and
b
the reference in sub-paragraph (b) of that paragraph to “£60.85” shall be construed as a reference to £97.65.
.
7
There shall be substituted for sub-paragraph (d) of paragraph (1) of regulation 4 (provisions with respect to breeding cows) the following sub-paragraph —
d
the number of breeding cows which, when added to the number of ewes which are the subject of a claim for compensatory allowances made by that person in respect of that Scheme year, is equivalent to 1.4 livestock units per hectare of eligible land which —
i
was included in an area aid application made under Article 6 of Council Regulation 3508/92 in the calendar year preceding that Scheme year and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation, or
ii
is relevant afforested land.
.
8
There shall be substituted for sub-paragraph (e) of paragraph (1) of regulation 5 (provisions with respect to ewes) the following sub-paragraph —
e
the number of ewes which, when added to the number of breeding cows which are the subject of a claim for compensatory allowances made by that person in respect of that Scheme year, is equivalent to 1.4 livestock units per hectare of eligible land which —
i
was included in an area aid application made under Article 6 of Council Regulation 3508/92 in the calendar year preceding that Scheme year and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation, or
ii
is relevant afforested land.
.
9
In each of paragraphs (1) and (2) of regulation 6 (replacement animals) there shall be substituted for the word “him” the phrase “the claimant concerned”.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
13th January 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
10th January 1997