text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Economic Regulation of Airports (Expenses of the Monopolies and Mergers Commission) Regulations 1997 and shall come into force on 21st April 1997.
2
In these Regulations —
“ the Act ” means the Airports Act 1986;
“airport operator” means the person having the management of an airport in respect of which a permission under Part IV of the Act is in force;
“annual turnover” has the same meaning as in section 14(2) of the Act;
“designated airport” means an airport which has been designated for the purposes of section 40 of the Act by an order made by the Secretary of State under that section and “non-designated airport” shall be construed accordingly; and
“relevant sum”, in relation to an airport operator of a designated airport, means an amount equal to 2% of the annual turnover of the business carried out at the airport by that operator as shown in the last accounts prepared by that operator and, in relation to an airport operator of a non-designated airport, means an amount equal to 1% of the annual turnover of the business carried out at the airport by that operator as shown in the last accounts prepared by that operator.
Revocation
3
The Economic Regulation of Airports (Expenses of the Monopolies and Mergers Commission) Regulations 1986 are hereby revoked.
Statement by the Commission of expenses
4
1
The Commission shall prepare an annual statement showing the expenses incurred by it during the period of twelve months preceding 1st April in each year in carrying out investigations, and reporting, on references made to it under section 43 of the Act, other than a reference made under section 43(1) which relates to the first period of five years for which any such conditions as are mentioned in section 40(3) of the Act are to be in force in relation to a particular airport.
2
The statement prepared in pursuance of paragraph (1) of this regulation shall be in the form prescribed in the Schedule to these Regulations and shall, in relation to each reference in respect of which expenses were incurred by the Commission during the period to which the statement relates, contain the information specified in columns 1 to 4 of the Schedule.
3
The Commission shall send a copy of the statement prepared by it in pursuance of paragraph (1) of this regulation to the CAA.
Liability of airport operators to charges
5
1
Subject to paragraph (2) of this regulation, an airport operator shall be liable to a charge in respect of each reference made in relation to an airport of which he is the airport operator of an amount equal to the expenses specified in a statement prepared by the Commission in pursuance of regulation 4(1) as having been incurred by it in relation to that reference.
2
The aggregate amount of any charges to which an airport operator is liable pursuant to paragraph (1) of this regulation in respect of each period to which a statement relates shall not exceed the relevant sum in relation to that operator.
6
1
Where the aggregate amount of the expenses specified in respect of non-designated airports in a statement prepared by the Commission in pursuance of regulation 4(1) exceeds the aggregate amount of the charges to which airport operators of non-designated airports are liable in pursuance of regulation 5, each airport operator of an airport in respect of which a permission under Part IV of the Act has been in force at any time during the year to which the statement relates, other than an airport operator whose liability to a charge pursuant to regulation 5 exceeds the relevant sum in relation to that operator, shall, subject to paragraph (2) of this regulation, be liable to a charge of an amount calculated in accordance with regulation 7.
2
The amount of any charge to which an airport operator is liable pursuant to paragraph (1) of this regulation in respect of each period to which a statement relates shall not exceed the relevant sum in relation to that operator less the aggregate amount of any charges to which that operator is liable in pursuance of regulation 5 in respect of the same period.
7
The charge to which an airport operator is liable in pursuance of regulation 6(1) shall be an amount equal to Z when Z is calculated according to the following formula:
Z = X × Y
where
X is the amount by which the aggregate amount of the expenses specified in the statement prepared by the Commission in pursuance of regulation 4(1) exceeds the aggregate amount of the charges to which airport operators of non-designated airports are liable in pursuance of the provisions of regulation 5,
and Y is the proportion which the annual turnover of the airport operator bears to the aggregate annual turnovers of the airport operators who are liable to a charge in pursuance of regulation 6(1).
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
21st February 1997


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Incapacity for Work) (General) Amendment Regulations 1997 and shall come into force on 7th April 1997.
Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
2
In regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995 (exempt work), in sub-paragraph (a) of paragraph (2), for “£45.50” there shall be substituted “£46.50”.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Minister of State,
Department of Social Security
24th February 1997


text:
1
1
This Order may be cited as the Summer Time Order 1997 and shall come into force fourteen days after the day on which it is made.
2
This Order shall have effect in Great Britain, Northern Ireland and the Bailiwick of Guernsey.
3
In this Order “ the Act ” means the Summer Time Act 1972.
2
In relation to the year 1998, the period of summer time for the purposes of the Act shall be the period beginning at one o'clock, Greenwich mean time, in the morning of 29th March 1998 and ending at one o'clock, Greenwich mean time, in the morning of 25th October 1998 instead of the period specified in section 1 of the Act.
3
In relation to the year 1999, the period of summer time for the purposes of the Act shall be the period beginning at one o'clock, Greenwich mean time, in the morning of 28th March 1999 and ending at one o'clock, Greenwich mean time, in the morning of 31st October 1999 instead of the period specified in section 1 of the Act.
4
In relation to the year 2000, the period of summer time for the purposes of the Act shall be the period beginning at one o'clock, Greenwich mean time, in the morning of 26th March 2000 and ending at one o'clock, Greenwich mean time, in the morning of 29th October 2000 instead of the period specified in section 1 of the Act.
5
In relation to the year 2001, the period of summer time for the purposes of the Act shall be the period beginning at one o'clock, Greenwich mean time, in the morning of 25th March 2001 and ending at one o'clock, Greenwich mean time, in the morning of 28th October 2001 instead of the period specified in section 1 of the Act.
6
The Summer Time Order 1992 and the Summer Time Order 1994 are hereby revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Houses in Multiple Occupation (Fees for Registration Schemes) Order 1997 and shall come into force on 3rd March 1997.
Maximum Fee
2
The maximum fee that may be charged by a local housing authority for first registration of a house in multiple occupation under a scheme is —
1
in the case of a registration scheme without control provisions, £80; and
2
in the case of a registration scheme with control provisions, £60 multiplied by the number of habitable rooms;
and, for the purposes of paragraph (2) above, a room is habitable if it is of a type normally used in the locality either as a living room or a bedroom.
Transitional Provisions
3
Where —
1
a house in multiple occupation to which a registration scheme (“the new scheme”) applies is already registered under a scheme which is to be revoked by the registration scheme, and
2
a fee has been paid to the local housing authority on its registration under the revoked scheme in the five year period prior to the date the new scheme comes into force,
then the fee paid shall be deducted from the fee payable to the local housing authority under the new scheme.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
3rd February 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
4th February 1997


text:
Title and commencement
1
These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 1994
2
The Seeds (National Lists of Varieties) (Fees) Regulations 1994 shall be amended as follows —
a
in regulation 3 (payment of fees) —
i
in paragraph (1), in the first line for the words “paragraphs (2) and (3)” there shall be substituted the words “paragraph (2)”;
ii
paragraph (3) shall be omitted; and
b
for the Schedules there shall be substituted the Schedules set out in the Schedule to these Regulations.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
13th February 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
14th February 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
17th February 1997
Denton
Parliamentary Under Secretary of State, Northern Ireland Office
13th February 1997


text:
Citation and Commencement
1
This Order may be cited as the Local Government Changes for England (Education) (Miscellaneous Provisions) Order 1997 and shall come into force on 1st April 1997.
Hampshire County Council: functions in respect of specified schools
2
1
The functions of the Council of the County of Hampshire referred to in paragraph (2) below shall on and after 1st April 1997 be discharged by the Southampton City Council .
2
The functions referred to in paragraph (1) are functions of the Council of the County of Hampshire in respect of the following schools —
Kanes Hill County Primary School;
Netley Court Special School;
Townhill County Infants School; and
Townhill County Junior School;
including any functions of the local education authority under the articles of government for any of these schools.
Staffordshire County Council: functions in respect of Aynsley Special School
3
The functions of the Council of the County of Staffordshire in respect of Aynsley Special School (including any functions of the local education authority under the articles of government for that school) shall on and after 1st April 1997 be discharged by Stoke-on-Trent City Council .
St George’s Roman Catholic Grant-maintained School, Southampton
4
St George’s Roman Catholic Grant-maintained School shall be treated for all purposes connected with education as if it were wholly within the area of the City of Southampton.
Robin Squire
Parliamentary Under Secretary of State,
Department for Education and Employment
10th March 1997


text:
1
This Order may be cited as the Curfew Order (Responsible Officer) Order 1997 and shall come into force on 1st October 1997.
2
In this Order “place of curfew” means a place specified in a curfew order as a place at which a person is required by the order to remain for the curfew periods.
3
Where a curfew order specifies a place in Berkshire, Greater Manchester, the London Borough of Barnet, Brent, Ealing, Enfield, Haringey, Harrow, Hillingdon or Hounslow, or West Yorkshire as a place of curfew the responsible officer shall be an employee of Securicor Custodial Services Limited of Sutton Park, 15 Carshalton Road, Sutton, Surrey SM1 4LD.
4
Where a curfew order specifies a place in Cambridgeshire, Norfolk or Suffolk as a place of curfew the responsible officer shall be an employee of Geografix Limited, Hurricane Way, Norwich NR6 6EW.
5
The Curfew Order (Responsible Officer) (Berkshire, Greater Manchester and Norfolk) Order 1995 is hereby revoked.
Alun Michael
Minister of State
Home Office
29th September 1997


text:
Citation and commencement
1
1
This Order may be cited as the Rent Officers (Housing Benefit Functions) Order 1997.
2
This article and articles 8 and 10(1) shall come into force on 18th August 1997 and all the other articles shall come into force on 3rd September 1997.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“assured tenancy” has the same meaning as in Part I of the Housing Act 1988, except that it includes a tenancy which would be an assured tenancy but for paragraph 2 or 10 of Schedule 1 to that Act and a licence which would be an assured tenancy (within the extended meaning given in this definition) were it a tenancy;
“child” means a person under the age of 16;
“determination” means a determination made in accordance with Part I or IV of Schedule 1 to this Order;
“dwelling” means any residential accommodation whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;
“hostel” has the same meaning as in regulation 12A of the Housing Benefit (General) Regulations 1987 ;
“local authority” has the same meaning as in the Social Security Administration Act 1992 in relation to England and in relation to Wales;
“occupier” means a person (whether or not identified by name) who is stated, in the application for the determination, to occupy the dwelling as his home;
“redetermination” means a redetermination made in accordance with article 4;
“relevant time” means the time the application for the determination is made or, if earlier, the tenancy ends;
“rent” means any of the periodical payments referred to in regulation 10(1) of the Housing Benefit (General) Regulations 1987 ;
“size criteria” means the standards relating to bedrooms and rooms suitable for living in specified in Schedule 2 to this Order;
“tenancy” includes —
a licence; and
a prospective tenancy or licence; and
references to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly; and
“the 1987 Regulations ” means the Housing Benefit (General) Regulations 1987.
2
In this Order any reference to a notice or application is to a notice or application in writing, except in a case where the recipient consents (whether generally or specifically) to the notice or application being transmitted by electronic means.
Determinations
3
1
Subject to articles 5 and 6, where a local authority, in accordance with regulations made under section 136(2) or (3) of the Social Security Administration Act 1992, applies to a rent officer for determinations in respect of a tenancy of a dwelling, a rent officer shall —
a
make the determinations in accordance with Part I of Schedule 1 (determinations);
b
comply with Part II of Schedule 1 when making the determinations (assumptions etc. ); and
c
give notice in accordance with Part III of Schedule 1 (notifications).
2
A rent officer for each registration area (within the meaning of section 62 of the Rent Act 1977 ), on the first working day of each month, shall —
a
make determinations in accordance with Part IV of Schedule 1 (indicative rent levels) in relation to the area of each local authority within the registration area;
b
comply with paragraph 8(2) of Part II of Schedule 1 (assumptions etc.) when making the determinations; and
c
give to the local authority notice of the determinations relating to its area when they have been made.
Redeterminations
4
Subject to articles 5 and 6, if the local authority applies to a rent officer for a redetermination, a rent officer shall make the redetermination and give notice in accordance with Schedule 3 and a rent officer whose advice is sought as provided for in that Schedule shall give that advice.
Insufficient information
5
If a rent officer needs further information in order to make a determination under article 3(1) or a redetermination under article 4, he shall serve notice on the local authority requesting that information and article 3(1) or, as the case may be, article 4 shall not apply to the making of that determination or redetermination until he receives the information.
Exceptions
6
1
No determination or redetermination shall be made if the application for it is withdrawn.
2
No determination shall be made under paragraph 3, 4 or 5 of Part I of Schedule 1 if the tenancy is of residential accommodation, within the meaning of regulation 7(3) of the 1987 Regulations (registered homes etc.) , or in a hostel.
3
No determination shall be made under paragraph 5 of Part I of Schedule 1 unless the local authority states in the application that the claimant is, or may be, a young individual (which has the same meaning as in the 1987 Regulations ).
4
If the rent officer becomes aware that an application is not one which gives rise to a duty to make a determination or a redetermination, the rent officer shall give the local authority notice to that effect.
Special cases
7
1
This Order shall apply as specified in Schedule 4 in relation to —
a
mooring charges payable for a houseboat;
b
payments in respect of the site on which a caravan or mobile home stands; or
c
payments under a rental purchase agreement.
2
Terms used in paragraph (1) have the same meaning in this article and in Schedule 4 as they have in regulation 10(1) of the 1987 Regulations (rents) .
3
In a case where the local authority states in the application that the rent includes charges for general counselling or any other support services which are eligible for housing benefit solely by virtue of paragraph 1(f)(iii) of Schedule 1 to the 1987 Regulations (landlord’s support services: supported accommodation) or solely by virtue of that provision and paragraph 1(f)(ii) of that Schedule, the rent officer shall assume when making a determination or a redetermination that —
a
the services were not to be provided or made available; and
b
the rent payable under the tenancy at the relevant time is such amount as is specified in the application as the rent which would have been payable under the tenancy at that time if those items were not to be provided or made available.
4
In a case where the local authority states in the application that the rent includes charges for general counselling or any other support services and the charges —
a
are eligible for housing benefit by virtue of paragraph 1(f)(iii) of Schedule 1 to the 1987 Regulations (landlord’s support services: supported accommodation) or that provision and paragraph 1(f)(ii) of that Schedule; and
b
are also eligible for housing benefit by virtue of paragraph 1(f)(i) of that Schedule (support services: other exceptions);
the rent officer shall include in the notice to the local authority, required under article 3(1)(c), a statement of the amount of the rent payable for the tenancy (which has the same meaning as in paragraph 3(1) of Schedule 1 to this Order) which relates to those charges.
Amendment to 1995 Order
8
The Rent Officers (Additional Functions) Order 1995 shall be amended by the insertion at the end of article 6 (special cases) of the following —
3
In a case where the local authority states in the application that the rent includes charges for general counselling or any other support services which are eligible for housing benefit solely by virtue of paragraph 1(f)(iii) of Schedule 1 to the 1987 Regulations (landlord’s support services: supported accommodation) or solely by virtue of that provision and paragraph 1(f)(ii) of that Schedule, the rent officer shall assume when making a determination on a redetermination that —
a
the services were not to be provided or made available; and
b
the rent payable under the tenancy at the relevant time is such amount as is specified in the application as the rent which would have been payable under the tenancy at that time if those items were not to be provided or made available.
4
In a case where the local authority states in the application that the rent includes charges for general counselling or any other support services and the charges —
a
are eligible for housing benefit by virtue of paragraph 1(f)(iii) of Schedule 1 to the 1987 Regulations (landlord’s support services: supported accommodation) or that provision and paragraph 1(f)(ii) of that Schedule; and
b
are also eligible for housing benefit by virtue of paragraph 1(f)(i) of that Schedule (support services: other exceptions);
the rent officer shall include in the notice to the local authority, required under article 3(1)(c), a statement of the amount of the rent payable for the tenancy (which has the same meaning as in paragraph 3(1) of Schedule 1 to this Order) which relates to those charges.
.
Revocations
9
The Rent Officers (Additional Functions) Order 1995 , the Rent Officers (Additional Functions) (Amendment) Order 1995 , the Rent Officers (Additional Functions) (Amendment No. 2) Order 1995 , the Rent Officers (Additional Functions) (Amendment) Order 1996 and the Rent Officers (Additional Functions) (Amendment) Order 1997 are hereby revoked.
Application
10
1
The amendment made by article 8 does not have effect in a case where an application for a determination is made before the date that article comes into force.
2
The remaining articles of the Order (other than paragraph (1)) do not have effect in a case where an application is made for a determination before the date those articles come into force.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
12th August 1997
Signed by authority of the Secretary of State
Win Griffiths
Parliamentary Under Secretary of State for Wales, Welsh Office
12th August 1997


text:
Citation
1
This Order may be cited as the Kent 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 Kent Fire Services Combination Scheme, shall have effect.
George Howarth
Parliamentary Under-Secretary of State
Home Office
8th November 1997


text:
1
This Order may be cited as the Finance Act 1997 (Stamp Duty and Stamp Duty Reserve Tax) (Appointed Day) Order 1997.
2
1
The day appointed for the purposes of each of the enactments specified in paragraph (2) is 20th October 1997.
2
The enactments specified are sections 97, 98, 102 and 103 of the Finance Act 1997.
Jim Dowd
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
8th October 1997


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Maidstone) Order 1997 and shall come into force on 29th September 1997.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
“the permitted parking area” means the area designated as a permitted parking area by article 4(a) of this Order; and
“the special parking area” means the area designated as a special parking area by article 4(b) of this Order.
Application
3
1
Subject to the provisions of this article, this Order applies to the area in the county of Kent and in the borough of Maidstone situated within the outer edge of the boundary delineated in black on the plan in Schedule 1 to this Order.
2
In relation to each street named in column (2) of an item in the table in Schedule 2 to this Order the boundary of the area to which this Order applies shall be taken to pass through the point on that street named in column (3) of the item and accordingly, in so far as there is any inconsistency between this paragraph and paragraph (1) of this article, this paragraph shall prevail.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this order applies in accordance with article 3 above as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the permitted parking area and the special parking area and as so applied shall have effect subject to the modifications specified in Schedule 3 to this Order.
Modification of the 1984 Act
6
The 1984 Act shall be modified in relation to the permitted parking area and the special parking area as specified in Schedule 4 to this Order.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
28th August 1997


text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Oil Pollution) (British Antarctic Territory) Order 1997 and shall come into force on 30th November 1997.
Implementation of the Liability and Fund Conventions
2
Sections 152 to 170 and 172 to 181 of, and Schedule 5 to, the Merchant Shipping Act 1995, subject to the exceptions, adaptations and modifications specified in the Schedule to this Order, shall extend to the British Antarctic Territory; and any instrument made, or to be made, under section 152(2), 157(2), 172(2) or 176(5) shall also extend to the British Antarctic Territory.
Interpretation
3
In this Order, “the Territory” means the British Antarctic Territory, and references to the Territory include references to the territory and territorial sea of the British Antarctic Territory.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Recreation Grounds (Revocation of Parish Council Byelaws) Order 1997 and shall come into force on 15th August 1997.
2
The byelaws mentioned in the first column of the Schedule to this Order, made with respect to the recreation grounds and other areas named or described in the second column of that Schedule, are hereby revoked.
Gareth Williams
Parliamentary Under-Secretary of State
Home Office
4th July 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Age-related Payments) Regulations 1997.
2
These Regulations shall come into force as follows —
a
regulations 1 to 4, 8 in so far as it relates to regulation 2, and 9, in so far as it relates to regulations 3 and 4, on 21st March 1997, and
b
otherwise, on 6th April 1997.
3
“the 1993 Act ” means the Pension Schemes Act 1993;
“age-related payment” means a payment to be made by the Secretary of State in accordance with section 42A(3) of the 1993 Act;
“the principal appointed day” means 6th April 1997;
“prospective member” has the same meaning as in the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 ;
“relevant scheme”, “salary-related part” and “money purchase part” have the same meanings as in the Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations 1996 ;
“ scheme ” means an occupational pension scheme; and
“section 9(2)” and “section 9(3)” means those sections of the 1993 Act .
Age-related payments not to be paid after age-related moves made before the principal appointed day
2
If —
a
there are in relation to the employer two or more schemes, one of which is contracted-out under section 9(2) and one of which is contracted-out under section 9(3), and
b
before the principal appointed day an earner moves from a scheme contracted-out under section 9(2) to a scheme contracted-out under section 9(3), and
c
the age of the earner is the only or main reason for the move,
any age-related payment which would otherwise be payable shall not be paid in respect of that earner.
Age-related payments not to be paid if scheme rules require age-related moves: admission to the scheme before the principal appointed day
3
If —
a
there are in relation to the employer two or more schemes, and
b
members are required by reference to their age to move from a scheme contracted-out under section 9(2) to a scheme contracted-out under section 9(3),
any age-related payment which would otherwise be payable shall not be paid in respect of any earner who on admission to one of the schemes of that employer enters a scheme contracted-out under section 9(3) before the principal appointed day.
Age-related payments not to be paid if an earner’s age allows his admission only to a money purchase scheme: admission to the scheme before the principal appointed day
4
If because of his age an earner who is not already a member of schemes established by his employer may be admitted only to a scheme contracted-out under section 9(3), any age-related payment which would otherwise be payable shall not be paid in respect of that earner on his admission before the principal appointed day to a scheme established by that employer.
Age-related payments not to be paid after age-related moves on or after the principal appointed day
5
If —
a
i
a scheme is a relevant scheme, and
ii
an earner moves from the salary-related part of that scheme to the money purchase part; or
b
i
there are in relation to the employer two or more relevant schemes, and
ii
an earner moves from the salary-related part of one of those relevant schemes to the money purchase part of another of those relevant schemes; or
c
i
there are in relation to the employer two or more schemes, one of which is contracted-out under section 9(2) and one of which is contracted-out under section 9(3), and
ii
an earner moves from a scheme contracted-out under section 9(2) to a scheme contracted-out under section 9(3); or
d
i
there are in relation to the employer two or more schemes, one of which is contracted-out under section 9(2) and one of which is a relevant scheme, and
ii
an earner moves from a scheme which is contracted-out under section 9(2) to the money purchase part of a relevant scheme,
and in any such case the move occurs on or after the principal appointed day, and the age of the earner is the only or main reason for the move, an age-related payment shall not be paid in respect of that earner for the tax year in which the move occurs and any subsequent tax year.
Age-related payments not to be paid if scheme rules require age-related moves: admission to the scheme on or after the principal appointed day
6
1
If the rules of a relevant scheme require members to move from the salary-related part to the money purchase part by reference to their age, any age-related payment which would otherwise be payable shall not be paid in respect of any earner who enters the money purchase part on his admission to the scheme on or after the principal appointed day.
2
If —
a
in relation to an employer there are two or more schemes, and
b
members are requiured by reference to their age, to move
i
from either
the salary-related part of a relevant scheme, or
a scheme contracted-out under section 9(2),
ii
to either
the money purchase part of a relevant scheme, or
a scheme contracted-out under section 9(3),
an age-related payment shall not be paid in respect of any earner who on admission to one of the schemes of that employer enters a scheme contracted-out under section 9(3) or the money purchase part of a relevant scheme on or after the principal appointed day.
Age-related payments not to be paid if an earner’s age allows his admission only toa money purchase scheme or a money purchase part: admission to the scheme on or after the principal appointed day
7
If because of his age an earner who is not already a member of a scheme established by his employer may be admitted only to a scheme contracted-out under section 9(3) or to the money-purchase part of a relevant scheme, any age-related payment which would otherwise be payable shall not be paid in respect of that earner on his admission on or after the principal appointed day to a scheme established by that employer.
Disclosure to earners that the age-related payment will not be paid after an age-related move
8
If an earner is to move in circumstances under which, in accordance with regulation 2 or 5 of these Regulations, an age-related payment will not become payable, the trustees or managers of the scheme concerned, or as the case may be the scheme the move is from, shall before or within two months of the move notify the earner in writing —
a
that the move is to take place,
b
the date of or the proposed date of the move,
c
that the move is by reason of his age,
d
that the age-related payment will not be paid after the move, and
e
that because the age-related payment will not be paid, the earner’s benefits under the scheme may not be as much as they would otherwise have been.
Disclosure to prospective members that the age-related payment will not be paid on admission to a money purchase scheme or money purchase part
9
1
If admission to a scheme might, under regulations 3, 4, 6 or 7 of these Regulations, result in an age-related payment not being paid, the trustees or managers shall as of course, where practicable, give every prospective member the information set out in paragraph (2) of this regulation and where it has not been practicable to do so, such information shall be given to a person within 2 months of his admission to the scheme.
2
The information referred to above is —
a
the circumstances in which the age-related payment may not be paid in respect of him if he is admitted to the scheme,
b
that if the age-related payment is not paid, his benefits under the scheme may not be as much as they would otherwise have been.
Penalties
10
If any person fails, without reasonable excuse, to comply with any requirement imposed under regulations 8 or 9 in respect of regulations 5, 6 or 7 of these Regulations, the Occupational Pensions Regulatory Authority may require that person to pay within 28 days a penalty which shall —
a
in the case of an individual, not exceed £1,000, and
b
in any other case, not exceed £10,000.
Signed by authority of the Secretary of State for Social Security.
MacKay of Ardbrecknish
Minister of State,
Department of Social Security
18th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Mandatory Ships’ Routeing) Regulations 1997 and shall come into force on 24th June 1997.
Interpretation
2
In these Regulations: —
“Admiralty publications” means the following publications of the Admiralty, namely:
Admiralty Charts; and
Sailing Directions,
and any amendment, correction or replacement, which the Hydrographer of the Navy considers relevant from time to time;
“adopted mandatory ships’ routeing system” means any routeing system which has been adopted by the International Maritime Organisation in accordance with the requirements of regulation V/8 of the Safety of Life at Sea Convention 1974 for mandatory use by ships or certain categories of ships and set out in the relevant Admiralty publications and annotated therein as “Mandatory Ships’ Routeing System under SOLAS Regulation V/8”;
“the Hydrographer of the Navy” means the person for the time being appointed to that office by the Admiralty Board.
Duty to comply with adopted mandatory ships’ routeing
3
Every United Kingdom ship, and every ship which is not a United Kingdom ship while in United Kingdom waters, shall use an adopted mandatory ships’ routeing system which applies in relation to that ship when in an area and on a voyage covered by such a system.
Offences and penalties
4
1
Any contravention of regulation 3 shall be an offence by the owner, the master and any other person for the time being responsible for the conduct of the ship, punishable on summary conviction by a fine not exceeding the statutory maximum, or on indictment by imprisonment for a term not exceeding two years, or a fine or both.
2
It shall be a defence to a charge under these Regulations to show that there were compelling reasons not to use a particular adopted mandatory ships’ routeing system, and that such reasons were recorded in the ship’s log at the time.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under-Secretary of State,
Department of Transport
21st May 1997


text:
Citation and commencement
1
These Regulations may be cited as the Energy Information (Washing Machines) (Amendment) Regulations 1997 and shall come into force on 15th May 1997.
Amendments
2
The Energy Information (Washing Machines) Regulations 1996 are amended as follows —
a
in regulation 2 (interpretation) —
i
in the definition of “the Directives”, for “and Commission Directive 95/12/ EC ” substitute “Commission Directive 92/75/ EEC and Commission Directive 96/89/EC ” ; and
ii
after that definition add —
“enforcement action” means the instituting of proceedings (whether criminal or otherwise) for failing to observe or comply with these Regulations;
; and
b
in regulation 3(3) (application) —
i
omit “or” from the end of sub-paragraph (e); and
ii
at the end add —
g
until 30th June 1998 machines with no internal means to heat water.
.
John Gummer
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
10th March 1997


text:
1
This Order may be cited as The A4 Trunk Road (Hounslow) Red Route (Clearway) Traffic Order 1996 Experimental Variation Order 1997, and shall come into force on 14th March 1997.
2
The A4 Trunk Road (Hounslow) Red Route (Clearway) Traffic Order 1996 is varied as provided by the following provisions of this Order.
3
The table in Schedule 2 is replaced with the table in the schedule to this order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
28th February 1997


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Discharge of Liability) Regulations 1997 and shall come into force on 6th April 1997.
2
In these Regulations —
“the 1995 Act ” means the Pensions Act 1995;
“the 1993 Act ” means the Pension Schemes Act 1993;
“actuary” means —
a Fellow of the Institute of Actuaries, or
a Fellow of the Faculty of Actuaries, or
a person with actuarial qualifications who is approved by the Secretary of State;
“pensionable age” has the same meaning as in section 181 of the 1993 Act ;
“relevant scheme” has the same meaning as in section 12C of the 1993 Act ;
“supplementary credits” has the same meaning as in section 75 of the 1993 Act; and
“trustees”, in relation to an occupational pension scheme which is not set up or established under a trust, means the managers of that scheme.
3
In these Regulations a reference —
a
to a numbered regulation is to the regulation bearing that number in these Regulations;
b
in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation; and
c
in a regulation to a numbered Part is to the Part bearing that number in these Regulations.
PART II
DISCHARGE OF LIABILITY WHERE GUARANTEED MINIMUM PENSIONS, SHORT SERVICE BENEFITS AND ALTERNATIVES TO SHORT SERVICE BENEFITS ARE SECURED BY INSURANCE POLICIES OR ANNUITY CONTRACTS
Requirements applying to policies of insurance and annuity contracts
2
1
The requirements referred to in section 19(4)(a)(ii) of the 1993 Act (requirements applying to policies of insurance or annuity contracts for the purposes of discharging liabilities for guaranteed minimum pensions) are that the insurance policy is taken out or the annuity contract is entered into with an insurance company which is —
a
authorised under section 3 or 4 of the Insurance Companies Act 1982 (authorization of insurance business); or
b
in the case of a Friendly Society, authorised under section 32 of the Friendly Societies Act 1992 (activities of Friendly Societies: long-term business) to carry out long-term business under any of the Classes specified in Head A of Schedule 2 of that Act; or
c
an EC company as defined in section 2 of the Insurance Companies Act 1982 falling within paragraph (2) below.
2
An EC company falls within this paragraph if it —
a
carries on ordinary long-term insurance business in the United Kingdom through a branch in respect of which such of the requirements of Part I of Schedule 2F to the Insurance Companies Act 1982 as are applicable have been complied with; or
b
provides ordinary long-term insurance in the United Kingdom and such of the requirements of Part I of Schedule 2F to the Insurance Companies Act 1982 as are applicable have been complied with in respect of the insurance.
Conditions on which policies of insurance and annuity contracts may be assigned or surrendered
3
The conditions referred to in section 19(4)(b) of the 1993 Act (policy of insurance or annuity contract appropriate for the purposes if it may not be assigned or surrendered except on conditions which satisfy prescribed requirements) are —
a
that the written consent of the earner or, if the earner has died, the earner’s widow or widower to the assignment or surrender is obtained; and
b
that in consideration of the assignment or surrender the benefits previously secured by the policy of insurance or annuity contract become secured, or are replaced by benefits which are secured, by one or more of the following means —
i
another policy of insurance or annuity contract which is appropriate within the meaning of section 19(4) of the 1993 Act,
ii
subject to regulations 3, 5 and 6 of the Contracting-out (Transfer and Transfer Payment) Regulations 1996 in the case of benefits which include guaranteed minimum pensions, the award of supplementary credits under an occupational pension scheme which applies to the employment of the earner at the time of the assignment or surrender or the granting of rights to money purchase benefits under a personal pension scheme, or
iii
in the case only of benefits which are not, and do not include guaranteed minimum pensions, the award of rights to money purchase benefits under a self-employed pension arrangement within the meaning of regulation 12(6)(a) of the Occupational Pension Schemes (Transfer Values) Regulations 1996 or regulation 2A of the Personal Pension Schemes (Transfer Values) Regulations 1987 .
Conditions on which policies of insurance and annuity contracts may be commuted
4
1
The conditions referred to in section 19(4)(c) of the 1993 Act (policy of insurance or annuity contract appropriate where commutation conditional on satisfying prescribed require ments) are —
a
that —
i
the benefits secured by the policy of insurance or annuity contract have become payable, and the aggregate of those benefits and all other benefits currently payable or prospectively payable to the earner or, as the case may be, to his widow or her widower under all occupational pension schemes relating to employment with the same employer as the employment in respect of which the benefits secured by the policy of insurance or annuity contract are payable, does not exceed £260 per annum,
ii
an actuary certifies that the methods and assumptions to be used to calculate any benefit in a lump sum form will result in the benefit being broadly equivalent to the annual amount of benefits which would have been payable in pension, and
iii
all of the earner’s interest under the policy of insurance or annuity contract is discharged upon payment of a lump sum; or
b
subject to paragraph (2), the benefits secured by the policy of insurance or annuity contract have become payable and the earner requests or consents to the commutation, and either the earner —
i
has attained the age of 50, or
ii
is suffering from an incapacity or serious ill-health prior to normal pension age.
2
The commutation referred to in paragraph (1)(b) does not apply to that part of the benefits which consist of the earner’s and the earner’s widow or widower’s guaranteed minimum pensions.
3
For the purposes of paragraph (1)(a) —
a
any benefit in a lump sum shall be treated as an annual amount of benefit in pension;
b
any benefit secured by means of another policy of insurance or annuity contract which is appropriate for the purposes of section 19(4) of the 1993 Act shall be treated as payable or prospectively payable under the occupational pension scheme which was liable to provide it before it was so secured; and
c
any guaranteed minimum pension which is prospectively payable shall be reckoned as having the value that it will have (in accordance with the provisions of the occupational pension scheme in question) when the earner reaches pensionable age.
4
For the purposes of paragraph (1)(b)(ii) —
“incapacity” means physical or mental deterioration which seriously impairs his earning capacity;
“serious ill-health” means ill-health which is such as to give rise to a life expectancy of less than one year.
Other requirements applying to policies of insurance and annuity contracts
5
The requirements referred to in section 19(4)(d) of the 1993 Act (policy of insurance or annuity contract appropriate if it satisfies such other requirements as may be prescribed) are —
a
that the insurance company with which the policy is taken out or the contract entered into assumes an obligation to the earner in question or to trustees of a trust for the benefit of the earner and, if appropriate, dependants of his, to pay the benefits secured by the policy or contract to him or, as the case may be, to dependants of his, or to the trustees of such a trust;
b
that, the policy or contract contains, or is endorsed with, terms so as to provide for any increase, which would have been applicable as a consequence of section 51 (annual increase in rate of pension) and section 52 (restriction on increase where member is under 55) of the 1995 Act had the discharge of liability not taken place, to apply to the benefits which have become secured or been replaced by that policy or contract;
c
that, if any guaranteed minimum pension is due or prospectively due to the earner in question, the policy or contract contains, or is endorsed with, terms so as to provide —
i
that the annuity to be paid thereunder to or for his benefit will be at least equal to the guaranteed minimum pension due to him, or, as the case may be, prospectively due to him, at pensionable age, subject to section 15 (increase of guaranteed minimum pension) or section 16 (revaluation of earnings factors) of the 1993 Act, and
ii
in the case where the earner dies leaving a widow or widower, that the annuity payable for the widow’s or widower’s benefit will be at least equal to the guaranteed minimum pension due or prospectively due to the widow or widower, and
iii
in each case mentioned in sub-paragraphs (i) and (ii), that any increase of guaranteed minimum pension under Chapter II of Part V of the 1993 Act results in a similar increase in the annuity.
Further conditions on which liability may be discharged
6
1
The conditions referred to in section 19(5)(c)(ii) of the 1993 Act (further conditions on which liability may be discharged) are that the requirements of one or more of paragraphs (2) to (5) are satisfied.
2
The requirements of this paragraph are satisfied if —
a
the earner is dead and benefit is payable to a person other than his widow or her widower; and
b
the arrangement for securing the benefit by means of the policy or contract was made at the written request of the person entitled to it, or with the consent of that person given in writing in the form set out in Schedule 1 to these Regulations.
3
The requirements of this paragraph are satisfied if the benefit is provided as an alternative to short service benefit by virtue of a provision that conforms with the requirements of regulation 9(4) of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 (bought out benefits without consent) .
4
In a case where an occupational pension scheme is being wound up and sections 73 and 74 of the 1995 Act and regulations made under those sections do not apply, the requirements of this paragraph are satisfied if the earner is able to assign or surrender the policy of insurance or annuity contract and the conditions specified in regulation 3 are satisfied.
5
The requirements of this paragraph are satisfied if the conditions set out in sub-paragraphs (a) and (b) are satisfied, namely —
a
the benefit concerned includes a guaranteed minimum pension that is payable to the earner’s widow or widower;
b
the trustees —
i
give the widow or widower at least 30 days written notice (“the notice”) of their intention to take out the insurance policy or enter into the annuity contract, and
ii
send the notice to the widow or widower at her or his last known address or deliver the notice to the widow or widower personally.
Form of consent
7
For the purpose of section 19(5)(a)(ii) of the 1993 Act (form of consent to arrangements for securing benefits) the prescribed form is the form set out in Schedule 1 to these Regulations.
PART III
DISCHARGE OF LIABILITY TO PROVIDE PENSIONS UNDER A RELEVANT SCHEME
Prohibition and restriction of the discharge of liability to provide pensions under a relevant scheme
8
The trustees of a relevant scheme are prohibited or restricted from discharging any liability to provide pensions under a relevant scheme except —
a
in the circumstances and on the conditions prescribed in this Part; or
b
where the requirements imposed by the Occupational Pension Schemes (Winding Up) Regulations 1996 or Part V of the Occupational Pension Schemes (Contracting-out) Regulations 1996 apply.
Circumstances in which liability to provide pensions under a relevant scheme may be discharged
9
1
The trustees of a relevant scheme may discharge any liability to provide pensions under a relevant scheme where the circumstances specified either in paragraph (2) or (3) apply.
2
The member or, if the member has died, his widow or her widower, or if there is no such widow or widower, any person who may be entitled to payment of the pension under the scheme, consents in writing to the discharge of liability and the transaction to discharge the liability —
a
is to be carried out not earlier than the time when the member’s pensionable service terminates; and
b
satisfies all the conditions specified in regulation 11.
3
The member’s employment is to cease to be contracted-out under section 9(2B) of the 1993 Act and the transaction to discharge liability satisfies all the conditions specified in regulation 11.
Meaning of “transaction”
10
For the purposes of regulation 9 “transaction” means —
a
the taking out of a policy of insurance or a number of such policies;
b
the entry into an annuity contract or a number of such contracts; or
c
the transfer of pensions and accrued rights to such a policy or policies or such a contract or contracts.
Conditions on which liability to provide pensions under a relevant scheme may be discharged
11
1
The conditions referred to in regulation 9(2)(b) and (3) which must be satisfied are specified in paragraphs (2) and (3).
2
The policy of insurance or annuity contract must be taken out or entered into with an insurance company such as is described in section 19(4)(a) of the 1993 Act.
3
The policy of insurance or annuity contract contains provision to the effect that, or is endorsed so as to provide that —
a
except in the circumstances specified in paragraph (4), where a pension or annuity is in payment at the date of the beneficiary’s death at least 50 per cent. of the annual rate attributable to pensions and accrued rights under the relevant scheme which was in payment at the date of death shall be payable to the beneficiary’s widow or widower;
b
except in the circumstances referred to in paragraph (4)(b) and (c), where a pension or annuity is not in payment at the date of the beneficiary’s death at least 50 per cent of the accumulated value of the policy of insurance or annuity contract at the date of death attributable to pension and accrued rights under the relevant scheme shall be applied so as to provide a pension or annuity for the beneficiary’s widow or widower;
c
payments to a beneficiary’s widow or widower under the policy or contract which derive from a pension or accrued rights under the relevant scheme shall be subject to the same rate of an annual increase and restrictions which would have applied as a consequence of section 5 (annual increase in rate of pension) and section 52 (restriction on increase where member is under 55) of the 1995 Act had the discharge of liability not taken place;
d
the benefits secured under the policy or contract shall become payable with the beneficiary’s consent, and the beneficiary —
i
has attained the age of 50 and is under the age of 75, or
ii
is suffering from an incapacity or serious ill-health prior to normal pension age;
e
any rights of a beneficiary to a payment under the policy or contract which derive from a pension or accrued rights under the relevant scheme shall be treated as if —
i
section 51 and section 52 of the 1995 Act and regulations made under those sections, and
ii
section 12C(1) of the 1993 Act and regulations made under that section,
were applicable to them.
4
The circumstances referred to in paragraph (3)(a) are —
a
the beneficiary marries after having received benefits under the policy or contract;
b
the widow or widower of the beneficiary remarries or lives together as husband and wife with another person to whom he or she is not married after having received benefits under the policy or contract;
c
the widow or widower of the beneficiary is living together as husband and wife with another person to whom he or she is not married at the time of the member’s death.
5
For the purposes of paragraph (3)(d) “incapacity” and “serious ill-health” have the same meaning as in regulation 4(4).
6
For the purposes of paragraph (3)(e) the provisions in the 1993 Act and the 1995 Act shall be construed as if —
a
the policy of insurance or annuity contract is a relevant scheme;
b
the insurance company is the trustee of the relevant scheme;
c
the beneficiary is the member of the relevant scheme; and
d
the terms of the policy or contract are the rules of the relevant scheme.
PART IV
REVOCATIONS
12
The regulations set out in column (1) of Schedule 2 to these Regulations are revoked to the extent mentioned in column (3) of that Schedule.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
11th March 1997


text:
Title, commencement and duration
1
1
This Order may be cited as the Mink Keeping Order 1997 and shall come into force on 1st January 1998.
2
This Order shall cease to have effect on 1st January 2001.
Interpretation
2
In this Order —
a
“ the Act ” means the Destructive Imported Animals Act 1932; and
b
“mink” means the animal of the species Mustela vison .
Keeping of mink
3
1
The keeping of mink is prohibited absolutely —
a
on any off-shore island of Great Britain other than the Isle of Wight and the Isle of Arran (including neighbouring Holy Island);
b
in the Caithness District of the Highland Region of Scotland; and
c
in the Sutherland District of the Highland Region of Scotland.
2
The keeping of any mink within the remainder of Great Britain is prohibited, except under a licence granted under the Act.
Exceptions to application of the Act
4
In the application of the Act in relation to mink, there shall be omitted section 5(2) and, in section 6(1), paragraph (f) and the reference to a penalty in the case of an offence under paragraph (f).
Elliot Morley
Parliamentary Secretary,
Ministry of Agriculture,
Fisheries and Food
17th November 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
17th November 1997
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
17th November 1997


text:
Title and commencement
1
This Order may be cited as the Welfare of Animals (Transport) Order 1997 and shall come into force on 1st July 1997.
Application
2
1
Subject to paragraphs (2) and (3) below, this Order shall apply to the transport of —
a
the following domestic animals: cattle, sheep, pigs, goats and horses;
b
poultry, domestic birds and domestic rabbits;
c
domestic dogs and domestic cats;
d
all other mammals (except man) and birds;
e
other vertebrate animals and cold-blooded animals,
and for the purposes of the Animal Health Act 1981 in its application to this Order the definition of animals and poultry in section 87 of that Act shall be extended to cover all the above.
2
This Order (except as provided for in paragraph (3) below) shall not apply:
a
to transport which is not of a commercial nature;
b
to the transport of any individual animal accompanied by a natural person who has responsibility for the animal during transport;
c
to the transport of pet animals accompanying their owner on a private journey.
3
Article 4(1) shall apply to all transport of animals, and article 6 insofar as it relates to cattle, sheep, pigs, goats and horses shall apply to all transport of such animals.
4
The Secretary of State for Scotland may, if he thinks fit, exempt any person transporting animals within The Highlands and Islands Enterprise area from any of the provisions of this Order other than article 4(1) and article 6.
5
An exemption under the preceding paragraph may be granted subject to conditions, and may be varied, suspended or revoked at any time.
6
For the purposes of this article “the Highlands and Islands Enterprise area” has the meaning assigned to it by section 21(1) of the Enterprise and New Towns (Scotland) Act 1990 .
Interpretation
3
1
In this Order, unless the context otherwise requires —
“animal” includes bird;
“cattle” means all domestic animals of the bovine species;
“Community” means the European Community;
“goats” means all domestic animals of the caprine species;
“horse” means a horse, pony, ass, hinny or mule;
“inspector” means a person appointed to be an inspector for the purposes of the Animal Health Act 1981 by the Minister or by a local authority, and when used in relation to an officer of the Ministry, includes a veterinary inspector;
“journey” means transport from place of departure to place of destination;
“means of transport” means those parts (including detachable parts) of road vehicles, rail wagons, vessels and aircraft used for loading and carrying animals;
“partition” includes the wall of any pen;
“pen” includes a box or stall;
“pigs” means all domestic animals of the porcine species;
“place of departure” means, subject to paragraphs (2) and (3) below, the place at which the animal is first loaded on to a means of transport, or any place where the animals have been unloaded and accommodated for 24 hours or more, watered, fed and, if necessary, cared for, but excluding any transfer point or place where animals are rested in the course of a journey;
“place of destination” means the place at which an animal is finally unloaded from a means of transport, but excluding any transfer point or place where animals are rested in the course of a journey;
“poultry and domestic birds” means —
domestic fowl;
domestic breeds of turkeys, guinea-fowl, ducks, geese and quails; and
pheasants and partridges;
“rail wagon” excludes rolling stock in which passengers are being carried;
“ramp” includes the door of a vehicle or rail wagon which is used as a loading ramp and any loading bridge or gangway;
“receptacle” means any crate, box or other rigid container used for the transport of animals which is not self-propelled and does not form a part (whether detachable or not) of a means of transport;
“rest period” means a continuous period in the course of a journey during which animals are not being moved by a means of transport;
“sheep” means any domestic animal of the ovine species;
“transfer point” means a place where transport is interrupted in order to transfer animals from one means of transport to another;
“transport” means any movement of animals, effected by a means of transport, and includes loading and unloading the animals;
“transporter” means any natural or legal person transporting animals —
on his own account,
for the account of a third party, or
by providing a third party with a means of transport of animals,
where such transport is of a commercial nature and carried out for the purpose of gain;
“transport of a commercial nature” means transport in the course of a trade or business;
“vehicle” means in relation to the transport of animals by road, any vehicle (including a trailer of any description and the detachable body of a vehicle) constructed or adapted for use on a road;
“vessel” includes hovercraft; and
“veterinary inspector” means a veterinary inspector appointed by the Minister for the purposes of the Animal Health Act 1981.
2
Markets and assembly centres approved for the purposes of intra-Area trade under Council Directive 64/432/ EEC (on animal health problems affecting intra-Community trade affecting bovine animals and swine ) or Council Directive 91/68/EEC (on animal health conditions governing intra-Community trade in ovine and caprine animals ) may be regarded as places of departure where the first place of loading of the animals is 50 km or less from the said markets or assembly centres.
3
Markets as described in paragraph (2) above may also be regarded as places of departure where, although the first place of loading of the animals is more than 50 km from the said markets, the animals have had a rest period of at least 12 hours and have been provided with an adequate quantity of suitable food and with an adequate quantity of liquid before being reloaded.
4
Unless the context otherwise requires, any reference in this Order to a numbered article or Schedule is a reference to that article or Schedule in this Order.
5
Any reference in this Order to a Community instrument is a reference to that instrument as amended at the date this Order is made.
6
Any certificate or approval under this Order shall be in writing and may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time.
General provisions on the protection of animals in transport
4
1
No person shall transport any animal in a way which causes or is likely to cause injury or unnecessary suffering to that animal.
2
Without prejudice to the generality of paragraph (1) above, a master of a vessel shall not transport any animal by sea, and a commander of an aircraft shall not transport any animal by air, if in his judgement the animal is likely to be caused injury or unnecessary suffering in the course of the transport due to adverse weather, sea or air conditions likely to be encountered during the voyage or flight.
3
Any person transporting cattle, sheep, pigs, goats or horses shall do so in accordance with Schedules 1 and 2.
4
Any person transporting poultry and domestic birds or domestic rabbits shall do so in accordance with Schedules 1 and 3.
5
Any person transporting domestic dogs or domestic cats shall do so in accordance with Schedules 1 and 4.
6
Any person transporting mammals or birds of a type not mentioned in the preceding paragraphs shall do so in accordance with Schedules 1 and 5.
7
Any person transporting vertebrate animals or cold-blooded animals of a type not mentioned in the preceding paragraphs shall do so in accordance with the provisions of Schedule 6.
Space allowance
5
1
Without prejudice to the generality of article 4(1), no person shall transport any animal on a journey of over 50 km in a way which is likely to cause injury or unnecessary suffering because of the amount of space available to each animal.
2
In deciding whether or not the space available is adequate, a transporter shall —
a
have regard to the limits set out in Chapter VI of Council Directive 91/628/EEC (on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC ); and
b
consider the animal’s weight, size and physical condition, the means of transport, the weather conditions and the likely journey time.
Fitness of animals to travel
6
1
No person shall transport any animal unless —
a
it is fit for the intended journey, and
b
suitable provision has been made for its care during the journey and on arrival at the place of destination.
2
Without prejudice to the generality of paragraph (1) above, for the purposes of this article an animal shall not be considered fit for its intended journey if it is ill, injured, infirm or fatigued, unless it is only slightly injured, ill, infirm or fatigued and the intended journey is not likely to cause it unnecessary suffering.
3
For the purposes of this article mammals shall not be considered fit for transport if they —
a
are likely to give birth during transport;
b
have given birth during the preceding 48 hours; or
c
are new-born animals in which the navel has not completely healed.
4
For the purposes of this article, infant mammals and infant birds specified in article 2(1)(d) which are not accompanied by their mother shall not be considered fit for their intended journey if they are incapable of feeding themselves.
5
Notwithstanding the provisions of paragraph (1) above, animals transported while undergoing regulated procedures authorised under the Animals (Scientific Procedures) Act 1986 may be transported provided that they are not likely to be caused injury or unnecessary suffering by the intended journey.
6
Notwithstanding the provisions of paragraphs (1) and (2) above, any cattle, sheep, pigs, goats and horses may be transported to the nearest available place for veterinary treatment or diagnosis, or to the nearest available place of slaughter if the animal is not likely to be subject to unnecessary suffering by reason of its unfitness. However, an animal transported under the provisions of this paragraph may not be dragged or pushed by any means, or lifted by a mechanical device, unless this is done in the presence of and under the supervision of a veterinary surgeon who is arranging for it to be transported with all practicable speed to a place for veterinary treatment.
7
No person shall transport a deer in velvet unless the journey is of 50 km or less and special precautions are taken to protect it from injury or unnecessary suffering.
Treatment of sick animals
7
1
Where animals fall ill or are injured during transport, the person in charge of the animals shall ensure that they receive first-aid treatment as soon as possible, that they are given appropriate veterinary treatment and if necessary are slaughtered in a way which does not involve unnecessary suffering.
2
Without prejudice to the generality of paragraph (1), where an animal which is being transported by sea or air falls ill or is injured during the journey, the master of the vessel or the commander of the aircraft shall, if he considers it necessary having regard to the availability of appropriate veterinary treatment or of landing the animal without causing it unnecessary suffering, cause it to be slaughtered in a way which does not involve unnecessary suffering.
3
Subject to the provisions of section 46 of the Animal Health Act 1981 (which provides for the slaughter of injured horses), the requirements of paragraph (2) shall not apply in relation to horses.
Feeding and watering, travelling times and rest periods
8
1
No person shall transport animals unless, at an appropriate time before the journey begins, and as appropriate to the species, the animals are accommodated in a place which is not a means of transport, offered liquid and food and if necessary cared for.
2
In the case of cattle, sheep, pigs, goats and horses (except registered horses), the transporter shall ensure that they are rested, and offered liquid and food during a journey at least in accordance with Schedule 7.
3
In the case of poultry and domestic birds and domestic rabbits, the transporter shall ensure that during a journey suitable food and liquid is available, in suitable quantities and at suitable intervals, save in the case of —
a
a journey lasting less than 12 hours, disregarding loading and unloading times; or
b
a journey lasting less than 24 hours for chicks of all species, provided that it is completed within 72 hours after hatching.
4
In the case of domestic dogs and domestic cats, the transporter shall ensure that during the journey they are fed at intervals of not more than 24 hours and given liquid at intervals of not more than 12 hours and that clear written instructions about feeding and watering accompany the animals.
5
In the case of other mammals and birds, the transporter shall ensure that they are suitably fed and watered at appropriate intervals during a journey, and that clear written instructions about feeding and watering and any special care required accompany the animals and that the instructions are complied with.
6
Nothing in this article or Schedule 7 shall require the unloading of any animal which normally lives on its means of transport.
7
In this article, in relation to the transport of registered horses, it shall be for the transporter to prove that the animals being transported are registered.
Accompaniment of vertebrate animals by competent persons
9
1
Any transporter who transports vertebrate animals on a journey of over 50 km shall ensure that the persons to whom he entrusts the animals includes at least one person who has either —
a
specific training, or
b
equivalent practical experience,
qualifying him to handle and transport vertebrate animals and to administer, if necessary, appropriate care, and who has sufficient knowledge of and abilities in the competencies set out in Schedule 8 to enable him to safeguard the welfare of the animals being transported.
2
Paragraphs (3) to (5) below shall only apply in relation to a journey beginning after 1st July 1998 which involves the transport of cattle, sheep, pigs, goats or horses, either by road vehicle for a journey lasting 8 hours or more, or by another means of transport irrespective of the length of the journey.
3
In the case of a person who has specific training, that person shall have a qualification relating to the welfare of animals during transport approved by the Minister.
4
In the case of a person who has practical experience equivalent to specific training, that person shall have been assessed, using a method approved by the Minister, to ensure that that person has the necessary ability, competence and knowledge qualifying him to handle and transport and, if necessary, administer appropriate care to the animals being transported, and the result of that assessment recorded in writing and a copy given to the person who has been assessed.
5
The transporter shall keep a copy of the record of the assessment carried out under the preceding paragraph throughout the time that the person is engaged by him on journeys accompanying animals, and for a period of 6 months thereafter and shall produce it on demand to an inspector.
6
In the case of a transporter authorised in another member State, it shall be sufficient that the person accompanying the animals has satisfied the requirements on competence of that member State.
Duties on transporters
10
1
Any person transporting animals shall ensure that the animals are transported without delay to their place of destination.
2
In the case of animals transported in a receptacle, any person in charge of the animals shall ensure that they are not caused injury or unnecessary suffering while they are in the receptacle either waiting to be loaded on to the means of transport or after they have been unloaded.
IATA and CITES
11
1
No person shall transport an animal by air except in compliance with the standards set by the International Air Transport Association .
2
No person shall transport an animal to which the Convention on International Trade in Endangered Species refers except in compliance with the CITES guidelines for transport and preparation for shipment of live wild animals or in compliance with the standards set by the International Air Transport Association.
Authorisations and registration
12
1
No person shall transport vertebrate animals by sea or air, or by any other means of transport involving a journey over 50 km, except under —
a
in the case of a transporter established in Great Britain, an authorisation granted under this article to the transport undertaking by the Minister;
b
in the case of a transporter established in Northern Ireland, the Isle of Man or the Channel Islands, an authorisation to transport animals granted by the appropriate competent authority;
c
in the case of a transporter established in another member State, an equivalent authorisation to transport animals granted by the competent authority of the member State of establishment for the purposes of implementing Council Directive 91/628/EEC ; or
d
in the case of a transporter established in a third country, an authorisation to transport animals granted by the competent authority of a member State of the European Union for the purposes of implementing Council Directive 91/628/EEC .
2
An authorisation granted by the Minister under this article —
a
shall be in writing;
b
may be general or, after 1st October 1997, specific; and
c
may be made subject to conditions.
3
The provisions of Schedule 9 relating to authorisations shall have effect.
4
In the case of a transporter authorised outside the United Kingdom, if the Minister is satisfied that serious or repeated infringements have taken place against this Order or any other legislation implementing Council Directive 91/628/EEC in the United Kingdom, provided that all the possibilities afforded by mutual recognition referred to in that directive have been exhausted and after contacts between the parties and the Commission, the Minister may, by notice in writing served on the transporter, temporarily prohibit the transporter from transporting vertebrate animals in Great Britain.
5
Any person requiring a specific authorisation under this Order shall register as a transporter with the Minister.
Route plans
13
1
This article shall apply in relation to horses (other than registered horses), cattle, sheep, pigs and goats, where the animals are traded between member States or exported to third countries, provided that the journey time exceeds 8 hours.
2
If there is more than one transporter for a journey, the provisions of this article shall be complied with by the person consigning the animals for the whole period of the journey.
3
A transporter who intends to transport animals on a journey to which this article applies shall draw up on paper and sign a route plan which is in a form approved by the Minister containing the information set out in Schedule 11 and which covers the whole period of the journey.
4
The transporter shall submit the signed route plan with his application for an export health certificate to the person appointed by the Minister to receive such documents for the area in which the journey will begin.
5
If he is satisfied that the proposed journey is in compliance with the provisions of this Order, the person appointed by the Minister shall mark on the route plan the number or numbers of the export health certificates of the animals, stamp the route plan and ensure that it is returned to the transporter with the signed health certificate.
6
No person shall transport animals on a journey to which this article applies unless he has received from the person appointed by the Minister a duly stamped route plan which relates to those animals and that journey.
7
The transporter shall ensure that the original copy of the route plan is attached to the export health certificate and accompanies the consignment throughout the journey.
8
The transporter shall ensure that, where the journey exceeds the time limits set out in Schedule 7, the transport of the animals is not begun unless —
a
reservations have been made at all stopping or transfer points specified in the route plan, and he has received written confirmation of the reservations, and
b
steps have been taken to meet the animals’ need for food and liquid during the journey, including contingency plans for when the route plan is changed or where the journey is interrupted for reasons beyond his control.
9
The transporter shall ensure that the person in charge of the animals during the journey endorses on the route plan the times and places at which the animals transported are fed and watered during the journey, and that this information is written on the route plan at the time such feeding and watering takes place.
10
Both the transporter of the animals and the person in charge of the animals during the journey shall take all reasonable steps to ensure that the route plan is complied with.
11
When the journey is completed, the person who signed the route plan when it was originally submitted shall either —
a
certify in writing on the route plan that it was complied with during the journey, or
b
if it was not complied with, shall describe on the route plan the actual journey, together with the reasons for the route plan not being complied with, and
shall send it within 15 days of completion of the journey to the person referred to in paragraph (4) above, and shall keep proof that it was sent and of the date on which it was sent for a period of 6 months.
12
The transporter shall keep a second copy of the route plan for a period of 6 months from completion of the journey, and shall produce it on demand at the request of an inspector and allow copies to be taken.
13
In the case of exports direct to third countries from Great Britain, where the journey time within the European Union exceeds 8 hours, or where the animals are being exported to third countries by sea and the total travelling time exceeds 8 hours, the transporter —
a
shall ensure that the route plan is certified (by means of stamp and signature) at the point of departure from Great Britain by a veterinary inspector after he has checked that the animals are fit to continue their journey, and
b
within 15 days of the completion of the journey, sends back the route plan to the person referred to in paragraph (4) above.
14
If a transporter is a limited company, the route plan shall be signed by a director of that company or a person wthin the company nominated by him in writing to act on behalf of the company.
15
In this article, in relation to the transport of registered horses, it shall be for the transporter to prove if required by an inspector that the animals being transported are registered.
Animal Transport Certificate
14
1
A transporter shall ensure that, except where a route plan is required, all animals which he is transporting are accompanied throughout the journey (subject to the provisions of Schedule 7 Part II relating to markets) by documentation stating —
a
the name and address of the transporter;
b
the name and address of the owner of the animals;
c
the place that the animals were loaded, and their final destination;
d
the date and time the first animal was loaded;
e
the date and time of departure; and
f
the time and place the requirements for resting periods laid down in Schedule 7 were met.
2
The provisions of paragraph (1) shall not apply in relation to the transport of poultry and domestic birds for a distance of 50 km or less where —
a
the number of poultry and domestic birds so transported is less than 50, or
b
the entire journey is on land occupied by the owner of the poultry and domestic birds.
3
In the case of animals which are not cattle, sheep, pigs, goats, horses or poultry and domestic birds, the provisions in paragraph (1) shall not apply in relation to journeys of 50 km or less.
4
The transporter shall keep a copy of the documentation for a period of 6 months from the completion of the journey, and shall produce it to an inspector on demand and allow copies to be taken.
5
Where a copy of the documentation required to be kept in accordance with paragraph (4) above is kept in an electronic or magnetic form, references in that paragraph —
a
to production of the copy shall be, if the inspector so requires, references to its production in a written form; and
b
to allowing copies to be taken, shall be references to the taking thereof in a written form.
Exceptions
15
1
Where cattle, sheep, pigs, goats or horses are transported for a distance of 50 km or less, to, from or within land used for agricultural purposes in a vehicle owned by the owner or occupier of that land and the vehicle has an internal length of not more than 3.7 m available for the carriage of animals, then the following provisions shall not apply —
i
article 14 (documentation);
ii
paragraph 4 of Part I of Schedule 2 (overhead protection);
iii
paragraph 5 of Part I of Schedule 2 (provision of barriers or straps);
iv
paragraph 11 of Part II of Schedule 2 (internal ramps and lifting gear); and
v
paragraph 6 of Part I of Schedule 1 to the Transit of Animals (Road and Rail) Order 1975 .
2
Where cattle, sheep, pigs, goats or horses are transported for a distance of 50 km or less in a vehicle which is used exclusively, in the course of a single day, for the transport of such animals between the same two points, other than between two markets, paragraph 26(1) of Part II of Schedule 1 (Cleaning and disinfection) shall not apply.
Third countries
16
1
No person shall import any animal from outside the European Union into Great Britain, either for consignment to a destination in Great Britain or transit through Great Britain, unless he has given a written undertaking to the Minister to comply with the requirements of Council Directive 91/628/EEC on the protection of animals during transport and has made arrangements to comply with them.
2
No person shall transport vertebrate animals from Great Britain to a destination outside the European Union unless the person in charge of the transport undertaking has first signed and dated an undertaking in the form set out in Schedule 10 (which, after it has been made, shall remain valid for all such journeys).
Enforcement
17
1
This Order shall be executed and enforced by the local authority.
2
The appropriate Minister may direct, in relation to cases of a particular description or a particular case, that this Order shall be executed and enforced by him and not by the local authority.
Powers of an inspector
18
1
Where an inspector considers that animals are being transported, or are about to be transported, in a way which is likely to cause injury or unnecessary suffering, or in any other way in contravention of any provision of this Order, he may serve a notice on the person appearing to him to be in charge of the animals requiring that person to take any action necessary to ensure compliance with this Order, giving reasons for the requirements.
2
Without prejudice to the generality of paragraph (1) above, an inspector may in particular —
a
prohibit that transport of the animals, either indefinitely or for a period specified in the notice;
b
specify conditions under which the animals may be transported;
c
require the journey to be completed or the animals to be returned to their place of departure by the most direct route, provided that this course of action would not cause unnecessary suffering to the animals;
d
require the animals to be held in suitable accommodation with appropriate care until the problem is solved; or
e
require the humane slaughter of the animals.
3
If it is necessary for identification purposes, an inspector may mark an animal and it shall be an offence against the Animal Health Act 1981 for any person to remove, deface, obliterate or alter such mark.
4
If any person fails to comply with the requirements of a notice served under this article, the inspector shall have powers to carry out those requirements himself, or cause them to be carried out, and the transporter shall be liable for the cost of such action.
5
In deciding whether or not to serve a notice under this article, an inspector appointed by the Minister may take into account any previous failure to comply with any provision of this Order or of any other Order made under section 37, 38 or 39 of the Animal Health Act 1981 and in particular any failure to submit a completed and correct route plan at the end of any previous journey.
Production of plans
19
1
The owner or charterer of any vessel to be used for the transport of animals shall —
a
produce to an officer of the Minister, on demand, plans of the vessel (including details of its ventilation and any fittings for livestock); and
b
subject to paragraph (2), provide such information concerning the vessel as the officer considers necessary to enable him to ascertain whether the provisions of this Order will be complied with during the proposed journey.
2
No person shall be obliged by virtue of paragraph (1) to provide any information which he cannot, with the exercise of reasonable diligence, obtain.
Offences by bodies corporate
20
1
Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of,
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under this Order is committed in Scotland by a Scottish partnership and 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 the offence and be liable to be proceeded against and punished accordingly.
Offences
21
Any person who without lawful authority or excuse, proof of which shall lie on him —
a
contravenes or fails to comply with any provision of this Order;
b
provides false information on any route plan (whether when submitted for approval, returned to the officer of the Minister after the journey or otherwise) or provides false information on any documentation carried pursuant to article 14;
c
makes any entry in a record or statement, or gives any information for the purposes of this Order which he knows to be false in any material particular or, for those purposes, recklessly makes a statement or gives any information which is false in any material particular; or
d
causes or permits any of the above,
commits an offence against the Animal Health Act 1981.
Revocations and disapplication
22
The provisions of Schedule 12 (revocations and disapplication) shall have effect.
Elliot Morley
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
10th June 1997
Sewel
Parliamentary Under-Secretary of State Scottish Office
3rd June 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under-Secretary of State Welsh Office
9th June 1997