text:
Commencement and citation
1
This Order may be cited as The A41 Trunk Road (Camden) Red Route Experimental (No. 2) Traffic Order 1997 Variation (No. 2) Order 1997, and shall come into force on 10th July 1997.
Variations
2
The A41 Trunk Road (Camden) Red Route Experimental (No. 2) Traffic Order 1997 is varied by the following provisions of this Order.
3
In schedule 1 item 6 is added as follows:
6
Service road at 191–217 Finchley Road, linking Finchley Road with Canfield Gardens.
4
In Schedule 2B item 32 is deleted.
5
In Schedule 2D item 1 is added as follows:
1
Service road at 191–217 Finchley Road, north-west side from a point 2.8 metres south-east of the north-west extremity of the island between the service road and Finchley Road, south-eastwards for a distance of 27 metres.
6
In Schedule 3A items 5 and 6 are added as follows:
5
Service road at 191–217 Finchley Road, south-east side from a point 8.3 metres south-east of the southern kerb-line of Canfield Gardens, south-eastwards for a distance of 23.5 metres. 7am to 7pm Monday to Saturday
6
Finchley Road, east side, from a point 25 metres north of the southern boundary of 1 to 14 Regency Parade, Finchley Road northward for a distance of 23 metres. 10am to 4pm Monday to Saturday
7
In Schedule 3B item 15 is deleted.
8
In Schedule 4 items 46 and 47 are added as follows:
46
Service road at 191–217 Finchley Road, south-east side from the southern kerb-line of Canfield Gardens south-eastwards for a distance of 8.3 metres.
47
Service road at 191–217 Finchley Road, south-east side from a point 31.8 metres from the southern kerb-line of Canfield Gardens south-eastwards to the kerbline of Finchley Road.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
27th June 1997


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as The A41 Trunk Road (Barnet) Red Route Traffic Order 1997 Variation Order 1997, and shall come into force on 3rd May 1997.
2
The A41 Trunk Road (Barnet) Red Route Traffic Order 1997 is varied as provided by the following provisions of this Order.
3
The table in Schedule 2B is replaced with the table in the Schedule to this order.
4
In Schedule 2C item 2 is varied as follows:
2
The A41 Watford Way, southbound carriageway, the north-east side, between a point 1.0 metre north-west of the party wall of 40 and 42 Watford Way and a point 1.0 metre north-west of the party wall of 38 and 40 Watford Way.
5
In Schedule 3B, item 1 is varied as follows:
1
The A41 Watford Way, southbound carriageway, the north-east side between a point 3.0 metres south-east of the north-western wall of 44 Watford Way and a point 1.0 metre north-west of the party wall of 40 and 42 Watford Way.
6
In Schedule 4 the following item is added:
20
The A41 Watford Way, southbound carriageway, between a point 1.0 metre north-west of the party wall of 38 and 40 Watford Way and a point 6.0 metres south-east of the said party wall.
7
In Schedule 4 the following item is added:
21
The A41 Watford Way, southbound carriageway, between a point 3.0 metres south-east of the party wall of 14 and 16 Watford Way and a point 4.0 metres south-east of the said party wall.
8
In Schedule 4, item 4 is varied as follows:
4
The A41 Watford Way, southbound carriageway, between a point 1.0 metre south-east of the common boundary of 28 and 30 Watford Way and a point 3.0 metres south-east of the party wall of 18 and 20 Watford Way.
9
In Schedule 4, item 7 is varied as follows:
7
The A41 Hendon Way, southbound carriageway, between a point 4.1 metres north-west of the south-eastern flank wall of 234 Hendon Way and a point 2.1 metres south-east of the north-western boundary of 232 Hendon Way.
10
In Schedule 4, item 8 is varied as follows:
8
The A41 Hendon Way, southbound carriageway, between a point 6.8 metres south-east of the north-western flank wall of 232 Hendon Way and a point 3.0 metres south-east of the north-western flank wall of 230 Hendon Way.
TRO 237
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
30th April 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Criminal Justice and Public Order Act 1994 (Application to the Armed Forces) Order 1997 and shall come into force on 1st February 1997.
2
In this Order “ the Act ” means the Criminal Justice and Public Order Act 1994.
Application of the Act
2
1
The provisions of the Act which are specified in column 1 of the Schedule to this Order shall apply to the proceedings to which this Order applies, subject to the modifications specified in column 2 of that Schedule.
2
This Order applies —
a
to proceedings whereby a charge is summarily tried under Part II of the Naval Discipline Act 1957 ;
b
to proceedings before a court-martial constituted under the Army Act 1955 ;
c
to proceedings before a court-martial constituted under the Air Force Act 1955 ;
d
to proceedings before a court-martial constituted under the Naval Discipline Act 1957;
e
to proceedings before a disciplinary court constituted under the Naval Discipline Act 1957;
f
to proceedings before the Courts-Martial Appeal Court;
g
to proceedings before a Standing Civilian Court;
and it applies wherever the proceedings take place.
James Arbuthnot
Minister of State, Ministry of Defence
8th January 1997


text:
Commencement and citation
1
This Order may be cited as the City of Westminster (Trunk Roads) Red Route (Bus Lanes) Traffic Order 1997, and shall come into force on 17th March 1997.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “bus lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“dial-a-ride bus” means a vehicle —
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
g
“times of operation” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the times specified in that item in column (3) of that table;
h
“permitted vehicles” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the vehicles specified in that item in column (5) of that table;
i
an entry in column (3) , (4) or (5) of an item in the table in the schedule to this order applies to that column in subsequent items in that schedule.
Bus Lane Controls
3
1
No person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in the schedule to this order during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
The controls specified in paragraph (1) of this article do not apply so as to prevent a vehicle stopping in a bus lane for as long as may be necessary —
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other order.
Exemptions
4
1
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within the exemption to a restriction or prohibition imposed by any other order made under the Road Traffic Regulation Act 1984 or which is permitted by any other order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle stopping in a bus lane if the vehicle is being used in —
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommuni cations Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane and in so far as the activity is not prohibited by the provisions of any other order made under the Road Traffic Regulation Act 1984.
3
The controls specified in article 3(1) do not apply in respect of —
a
a vehicle entering or stopping in a bus lane so as to avoid an accident;
b
a vehicle entering or stopping in a bus lane to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
a vehicle crossing a bus lane in order to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane;
d
a vehicle being in a bus lane to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane;
e
a vehicle being used for ambulance, fire brigade or police purposes;
f
a vehicle stopping in a bus lane if it has lawfully entered the bus lane and it has to stop —
i
by law;
ii
to avoid an accident;
iii
in circumstances beyond the drivers control;
g
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
5
The A41 Trunk Road (Camden and Westminster) Red Route (Bus Lanes) Experimental Traffic Order 1996 is hereby revoked.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
24th February 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (RadioTel Systems Limited) Order 1997 and shall come into force on 14th October 1997.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
4th September 1997


text:
Citation
1
This Order may be cited as the Local Government and Rating Act 1997 (Commencement No. 2) Order 1997.
Commencement of rural settlement provisions in England and Wales
2
1
Section 1 of the Local Government and Rating Act 1997 (which introduces Schedule 1) shall come into force on the day following the making of this Order.
2
Notwithstanding paragraph (1) above, no rural settlement list shall have effect for a financial year before that beginning on 1st April 1998.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
18th November 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of The Wrekin (Parishes and Electoral Changes) Order 1997.
2
This Order shall come into force —
a
for the purposes of article 2 on 1st April 1997; and
b
for the purposes of articles 3, 4 and 11 on 1st May 1997;
except that for the purpose of all proceedings preliminary or relating to an election to be held on or after 1st May 1997 articles 2, 3 and 4 shall come into force on the day after the day on which this Order is made.
3
For the purposes of articles 5 to 10 inclusive this Order shall come into force on 4th May 2000, except that for the purpose of all proceedings preliminary or relating to an election of a parish councillor of the parishes of Stirchley and Brookside, Lilleshall and Donnington, Wellington, Newport, Hadley, and Oakengates to be held on or after that date those articles shall come into force on 10th October 1999.
4
In this Order —
“the district” means the district of The Wrekin;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, marked “Map of the District of The Wrekin (Parishes and Electoral Changes) Order 1997”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Transfers between parishes in The Wrekin
2
1
The area marked A on sheet 4 shall be transferred from the parish of Ketley to the parish of Wellington and the Arleston ward of that parish.
2
The area marked B on sheet 5 shall be transferred from the parish of Hollinswood and Randlay to the parish of Stirchley and Brookside.
3
The areas marked C1 and C2 on sheet 5 shall be transferred from the parish of Lilleshall and Donnington to the parish of St George’s and Priorslee.
4
The areas marked D1 to D5 on sheets 4 and 5 shall be transferred from the parish of Oakengates to the parish of Wrockwardine Wood and Trench.
5
The area marked E on sheet 5 shall be transferred from the parish of St George’s and Priorslee to the parish of Wrockwardine Wood and Trench.
6
The area marked F on sheet 5 shall be transferred from the parish of Lilleshall and Donnington to the parish of Wrockwardine Wood and Trench.
7
The area marked G on sheet 6 shall be transferred from the parish of The Gorge to the parish of Madeley and the Woodside ward of that parish.
Wards of The Wrekin
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-four wards which shall bear the names set out in column 1 of the Schedule.
3
The wards shall comprise the areas described in column 2 of that Schedule by reference to parishes, parish wards or parishes and parish wards, or where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in column 3 of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of The Wrekin
4
1
Elections of all councillors for wards of the district shall be held simultaneously on the ordinary day of election of councillors in 1997, 2000 and 2003 and every fourth year after 2003 .
2
The term of office of any councillor so elected shall be, in the case of councillors elected in 1997 and 2000, three years and, in any other case, four years.
3
On the fourth day after any such elections —
a
the persons who were councillors immediately before those elections shall retire; and
b
the newly elected councillors shall come into office.
4
Article 7 of the Shropshire (District of The Wrekin) (Structural Change) Order 1996 shall be revoked.
Stirchley and Brookside parish
5
1
The parish of Stirchley and Brookside shall be divided into two parish wards which shall bear the names Brookside and Stirchley, and each parish ward shall comprise the area of the ward of the district bearing the same name.
2
The number of councillors to be elected for the Brookside and Stirchley parish wards shall be seven and six respectively.
Lilleshall and Donnington parish
6
1
The existing wards of the parish of Lilleshall and Donnington shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Donnington, Donnington Wood and Muxton, and Lilleshall.
3
The parish wards of Donnington, and Donnington Wood and Muxton, shall each comprise the area of the ward of the district bearing the same name; and the parish ward of Lilleshall shall comprise the area of such part of the Church Aston and Lilleshall ward of the district as is within the parish of Lilleshall and Donnington.
4
The number of councillors to be elected for each ward shall be four in the case of Lilleshall, and seven in each of the other wards (making a total of 18 councillors).
Wellington parish
7
1
The existing wards of the parish of Wellington shall be abolished.
2
The parish of Wellington shall be divided into seven parish wards which shall bear the names Arleston, College, Dothill, Ercall, Haygate, Park and Shawbirch, and each parish ward shall comprise the area of the ward of the district bearing the same name.
3
The number of councillors to be elected for each ward shall be three.
Newport parish
8
1
The existing wards of the parish of Newport shall be abolished.
2
The parish of Newport shall be divided into four parish wards which shall bear the names Newport East, Newport North, Newport South and Newport West and each parish ward shall comprise the area of the ward of the district bearing the same name.
3
The number of councillors to be elected for each ward shall be three.
Hadley parish
9
1
The existing wards of the parish of Hadley shall be abolished.
2
The parish of Hadley shall be divided into two parish wards which shall bear the names Leegomery and Hadley.
3
The parish ward of Leegomery shall comprise the area of the ward of the district bearing the same name; and the parish ward of Hadley shall comprise the area of such part of the Hadley ward of the district as is within the parish of Hadley.
4
The number of councillors to be elected for each ward shall be eight.
Oakengates parish
10
1
The parish of Oakengates shall be divided into two parish wards which shall bear the names Ketley Bank and Wombridge, and each parish ward shall comprise the area of the ward of the district bearing the same name.
2
The number of councillors to be elected for the wards of Ketley Bank and Wombridge shall be four and nine respectively.
Parish council elections
11
1
The ordinary elections of parish councillors for the parishes in the district in 1999 shall not take place; and any parish councillor holding office immediately before 10th May 1999 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 8th May 2000.
2
Elections of all parish councillors shall be held simultaneously on the ordinary day of election of councillors in 2000 and 2003 and every fourth year after 2003.
3
The term of office of any parish councillor so elected shall be, in the case of the parish councillors elected in 2000, three years and, in any other case, four years.
4
On the fourth day after any such election —
a
the persons who were parish councillors immediately before those elections shall retire; and
b
the newly elected parish councillors shall come into office.
5
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 8th May 2000 in the office of a parish councillor for a parish in the district, as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to that date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
21st February 1997


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning General (Amendment) Regulations 1997 and shall come into force on 8th January 1998.
Amendment of the Town and Country Planning General Regulations 1992.
2
After regulation 14(2) of the Town and Country Planning General Regulations 1992 , insert —
3
Where a notice is served under section 215 of the 1990 Act, any expenses recoverable by a local planning authority under section 219(1) of that Act are, until recovered, a charge that is binding on successive owners of the land to which the notice relates, and the charge shall take effect as from the date of the completion by that authority of the steps required to be taken by the notice.
.
Signed by authority of the Secretary of State for the Environment
Richard Caborn
Minister of State,
Department of the Environment, Transport and the Regions
15th December 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State Welsh Office
17th December 1997


text:
Citation and Commencement
1
These Regulations may be cited as the National Health Service Trusts (Membership and Procedure) Amendment Regulations 1997 and shall come into force on 6th January 1998.
Amendment of Regulations
2
1
The National Health Service Trusts (Membership and Procedure) Regulations 1990 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 9(4) (termination of tenure of office of chairman and non-executive directors) for the words “six months” there shall be substituted the words “three months”.
3
In regulation 11 (disqualification for appointment of chairman and non-executive directors) —
a
paragraph (1)(g) shall be omitted; and
b
after paragraph (4), there shall be added the following paragraph —
5
A person shall not be disqualified by paragraph (1)(e) from being the non-executive director of an NHS trust by reason of being a chairman or non-officer member of the National Blood Authority or the National Health Service Supplies Authority.
.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
15th December 1997
Ron Davies
Secretary of State for Wales
15th December 1997


text:
1
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Continuance) Order 1997 and shall come into force on 22nd March 1997.
2
In this Order “the 1989 Act ” means the Prevention of Terrorism (Temporary Provisions) Act 1989.
2
This Order applies to the provisions of Parts I to V and section 27(6)(c) of the 1989 Act except the provisions of Parts III and V so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 30 of the Northern Ireland (Emergency Provisions) Act 1996 or offences or orders under that section.
3
The provisions of the 1989 Act to which this Order applies shall continue in force for a period of twelve months beginning with 22nd March 1997.
Home Office
Michael Howard
One of Her Majesty’s Principal Secretaries of State
12th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Open-ended Investment Companies (Tax) (Amendment) Regulations 1997 and shall come into force on 8th August 1997.
Interpretation
2
In these Regulations “the principal Regulations ” means the Open-ended Investment Companies (Tax) Regulations 1997 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
For regulation 3 there shall be substituted —
Tax treatment of open-ended investment companies general
3
1
Subject to the modifications and exceptions specified in this Part, and the modifications specified in Parts III to V, of these Regulations, the Tax Acts and the 1992 Act shall have effect in relation to —
a
open-ended investment companies,
b
holdings in, and the assets of, such companies, and
c
transactions involving such companies,
in like manner as the manner in which they have effect in relation to authorised unit trusts, to rights under, and the assets subject to, such trusts and to transactions for purposes connected with such trusts.
2
References in the Tax Acts and the 1992 Act to companies, to holdings in, and the assets of, companies and to transactions involving companies, shall accordingly have effect (or shall not have effect as the case may be) in relation to open-ended investment companies, to holdings in, and the assets of, such companies, and to transactions involving such companies, in like manner as the manner in which they have effect (or do not have effect) in relation to authorised unit trusts, to rights under, and the assets subject to, such trusts, and to transactions for purposes connected with such trusts.
4
In regulation 5 after paragraph (1) there shall be inserted the following paragraph —
2
Paragraph (1) shall not apply to references in any of the provisions specified in paragraph (3) or to references in provisions which include reference, whether made expressly or by implication, to an open-ended investment company.
5
In regulation 7(1)(b) for the word “paragraph” there shall be substituted the word “sub-paragraph”.
6
In regulation 11(2)(b) for the word “subsection” there shall be substituted the word “paragraph”.
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
18th July 1997


text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Prevention of Pollution) (Amendment) Order 1997 and shall come into force on 2nd December 1997.
Amendment of 1987 Order
2
1
The Merchant Shipping (Prevention and Control of Pollution) Order 1987 shall be amended as follows.
2
After article 4, there shall be added the following article:
5
1
Subsection (3) of section 131 of the Merchant Shipping Act 1995 (which provides that a person guilty of an offence under that section shall be liable on summary conviction to a fine not exceeding £250,000 or on conviction on indictment to a fine) shall apply in respect of such contravention of the Regulations made under this Order as may be specified in those Regulations as it applies in respect of an offence under the said section 131.
2
Regulations made under this Order may apply the following sections of the Merchant Shipping Act 1995, that is to say —
a
section 143(6) (which provides for service of documents on foreign companies required or authorised by any statutory provision in connection with proceedings for an offence under section 131);
b
section 144 (which provides harbour masters with a power to detain ships for offences under section 131); and
c
section 146 (which provides for the enforcement and application of fines imposed for offences under Chapter II of Part VI),
or any of those provisions, subject to such modifications, if any, as may be specified in the Regulations, in respect of any contravention of those Regulations.
.
Amendment of 1988 Order
3
1
The Merchant Shipping (Prevention of Pollution by Garbage) Order 1988 shall be amended as follows.
2
After article 2, there shall be added the following article:
3
1
Subsection (3) of section 131 of the Merchant Shipping Act 1995 (which provides that a person guilty of an offence under that section shall be liable on summary conviction to a fine not exceeding £250,000 or on conviction on indictment to a fine) shall apply in respect of such contravention of the Regulations made under this Order as may be specified in those Regulations as it applies in respect of an offence under the said section 131.
2
Regulations made under this Order may apply the following sections of the Merchant Shipping Act 1995, that is to say —
a
section 143(6) (which provides for service of documents on foreign companies required or authorised by any statutory provision in connection with proceedings for an offence under section 131);
b
section 144 (which provides harbour masters with a power to detain ships for offences under section 131); and
c
section 146 (which provides for the enforcement and application of fines imposed for offences under Chapter II of Part VI),
or any of those provisions, subject to such modifications, if any, as may be specified in the Regulations, in respect of any contravention of those Regulations.
.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as The A41 Trunk Road (Barnet) Red Route (Clearway) (No. 2) Traffic Order 1996 Variation Order 1997, and shall come into force on 8th March 1997.
2
The A41 Trunk Road (Barnet) Red Route (Clearway) (No. 2) Traffic Order 1996 is varied such that in item 8 of the Table in Schedule 2, for the words “477 Watford Way” substitute the words “481 Watford Way”.
TRO242
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
28th February 1997


text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Salvage Convention) (Overseas Territories) Order 1997 and shall come into force on 30th November 1997.
Implementation of the Salvage Convention
2
Sections 224 and 255(1) of and Schedule 11 to the Merchant Shipping Act 1995 shall extend to each of the territories listed in Schedule 1 to this Order subject to the exceptions, adaptations and modifications specified in Schedule 2 to this Order, and any instrument made, or to be made under paragraph 7 of part II of Schedule 2 to this Order shall also extend to each Territory.
Interpretation
3
In this Order “the Territory” means any of the territories listed in Schedule 1.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Severn National Health Service Trust (Transfer of Trust Property) Order 1997 and shall come into force on 11th February 1997.
2
In this Order —
“the Authority” means Gloucestershire Health Authority;
“the trust” means the Severn National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by Authority and the trust on 22nd October 1996 which schedule has been signed on behalf of the Authority and the trust.
Transfer of trust property
2
On 11th February 1997 the trust property shall be transferred from the Authority to the trust.
Signed by authority of the Secretary of State for Health.
John Horam
Parliamentary Under Secretary of State,
Department of Health
14th January 1997


text:
Citation and commencement
1
These Regulations may be cited as the Education (Teachers) (Amendment) Regulations 1997 and this regulation and regulation 2 shall come into force on 1st April 1997 and regulation 3 shall come into force on 1st September 1997.
Amendment of the Education (Teachers) Regulations 1993
2
Regulation 8 of the Education (Teachers) Regulations 1993 shall be amended —
a
by the insertion at the beginning of paragraph (1) of the words “Subject to paragraph (3),”; and
b
by the addition of new paragraphs as follows:
3
A person who is in receipt of a retirement pension by virtue of regulation E4(6) of the Teachers’ Superannuation (Consolidation) Regulations 1988 (ill health retirement) shall not be regarded as having the health and physical capacity to be appointed to relevant employment or to be engaged to provide his services as a teacher at a school or further education institution otherwise than under a contract of employment, save that a person whose entitlement to such pension took effect before 1st April 1997 may be so appointed or engaged to serve part-time.
4
Nothing in paragraph (3) prevents the appointment or engagement of a person who has ceased to be incapacitated and whose retirement pension has for that reason ceased to be payable.
.
3
For the definition of “accredited institution” in paragraph 2(2) of Schedule 3 to the Education (Teachers) Regulations 1993 there shall be substituted the following —
an “accredited institution” means an institution accredited by the Teacher Training Agency or, in Wales, by the Higher Education Funding Council for Wales, as a provider of courses satisfying such provisions as to curricula and other criteria as may from time to time be specified by the Secretary of State.
.
Gillian Shephard
Secretary of State for Education and Employment.
17th February 1997


text:
Citation and Commencement
1
These Regulations may be cited as the Criminal Justice Act 1991 (Notice of Transfer) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
Amendment of 1992 Regulations
2
1
This regulation shall have effect in the same way as section 65 of the Criminal Procedure and Investigations Act 1996 (abolition of witness orders) has effect.
2
The Criminal Justice Act 1991 (Notice of Transfer) Regulations 1992 shall be amended as follows —
a
in Form 1 in the Schedule paragraph 8, together with the heading “SCHEDULE OF PROPOSED WITNESSES” at the end of the Form, shall be omitted;
b
in Form 2 in the Schedule for paragraph 5 there shall be substituted the following paragraph —
5
I enclose a list of witnesses —
a
indicating those whom the Crown proposes to call to give oral evidence at your trial; and
b
indicating those whose attendance at your trial the Crown considers unnecessary on the ground that their evidence is unlikely to be required or unlikely to be disputed;
together with copies of those statements or other documents outlining the evidence of those witnesses.
Nicholas Lyell
Her Majesty’s Attorney-General
11th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Paying and Collecting Agents) (Amendment) Regulations 1997 and shall come into force on 9th December 1997.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Paying and Collecting Agents) Regulations 1996 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
1
Regulation 2(1) shall be amended as follows.
2
After the definition of “the Board” there shall be inserted the following definitions —
“charitable unit trust scheme” has the meaning given by regulation 2(1) of the Income Tax (Definition of Unit Trust Scheme) Regulations 1988 ;
“common investment fund” has the meaning given by regulation 2D(2);
.
3
In the definition of “eligible person” —
a
after paragraph (b) there shall be inserted the following paragraph —
ba
a trustee or the manager of a charitable unit trust scheme falling within paragraph (d) of that subsection,
;
b
the word “or” immediately following paragraph (d) shall be omitted, and after paragraph (e) there shall be added the following paragraphs —
f
a person who is entitled to relief from tax in respect of relevant payments and relevant receipts falling within regulation 2A,
g
where the relevant payment or relevant receipt falls within regulation 2B, the plan manager concerned,
h
where the relevant payment or relevant receipt falls within regulation 2C, the trustee or the manager of the pension funds pooling scheme concerned,
i
where the relevant payment or relevant receipt falls within regulation 2D, a trustee or the investment manager of the common investment fund concerned,
j
where the relevant payment or relevant receipt falls within regulation 2E, any person entitled to immunity or exemption from income tax as mentioned in that regulation,
k
a local authority in the United Kingdom, a local authority association within the meaning given by section 519(3) and a health service body within the meaning given by section 519A(2) ,
l
where the relevant receipt falls within regulation 2J, the person referred to in that regulation,
m
where the relevant receipt falls within regulation 2K, the bank referred to in that regulation, or
n
where the relevant receipt falls within regulation 2L, a trustee of the qualifying discretionary or accumulation trust referred to in that regulation;
.
4
After the definition of “eligible person” there shall be inserted the following definitions —
“manufactured overseas dividend” means a manufactured overseas dividend (within the meaning given by paragraph 4(1) of Schedule 23A ) to which regulation 12(1) of the Manufactured Overseas Dividends Regulations applies, except that it does not include a payment that is treated under section 737A(5) as having been made;
“the Manufactured Overseas Dividends Regulations ” means the Income Tax (Manufac tured Overseas Dividends) Regulations 1993 ;
.
5
After the definition of “notice” there shall be inserted the following definitions —
“pension funds pooling scheme” has the meaning given by regulation 2C(2);
“plan manager” shall be construed in accordance with regulation 2B(2);
.
6
After the definition of “the principal sections” there shall be inserted the following definition —
“qualifying discretionary or accumulation trust” shall be construed in accordance with section 118G(5) ;
.
4
In regulation 2(2) —
a
after the words “particular section” there shall be inserted the words “or Schedule”;
b
after the words “that section of” there shall be inserted the words “, or that Schedule to,”.
5
After regulation 2(2) there shall be added —
3
Unless the context otherwise requires, references in these Regulations to relevant receipts or chargeable receipts include references to manufactured overseas dividends to which, by virtue of regulation 12 of the Manufactured Overseas Dividends Regulations, the provisions of the principal sections relating to collecting agents apply.
6
After regulation 2 there shall be inserted —
Non-chargeability of relevant payments or relevant receipts: excluded payments and receipts
Superannuation funds within section 615(6)
2A
1
Relevant payments and relevant receipts which constitute income derived from investments, deposits or other property of a superannuation fund are relevant payments and relevant receipts of a description which is prescribed for the purposes of section 118G(4)(i).
2
In paragraph (1) the reference to a superannuation fund is a reference to a superannuation fund which either —
a
falls within subsection (6) of section 615, or
b
is before the Board in order for them to decide whether the superannuation fund falls within that subsection.
Personal equity plans
2B
1
Relevant payments and relevant receipts which constitute income derived from investments held under a plan set up by a plan manager are relevant payments and relevant receipts of a description which is prescribed for the purposes of section 118G(4)(i).
2
In paragraph (1) “plan” and “plan manager” shall be construed in accordance with section 333 and the Personal Equity Plan Regulations 1989 .
Pension funds pooling schemes
2C
1
Relevant payments and relevant receipts which constitute income derived from investments of a pension funds pooling scheme are relevant payments and relevant receipts of a description which is prescribed for the purposes of section 118G(4)(i).
2
In paragraph (1) “pension funds pooling scheme” has the meaning given by regulation 2(1) of the Income Tax (Pension Funds Pooling Schemes) Regulations 1996 .
Common investment funds
2D
1
Relevant payments and relevant receipts which constitute income derived from investments of a common investment fund, being income falling within section 328(1)(a), are relevant payments and relevant receipts of a description which is prescribed for the purposes of section 118G(4)(i).
2
In paragraph (1) “common investment fund” means a common investment fund established under section 42 of the Administration of Justice Act 1982 which is for the time being designated under section 328(1).
Diplomatic and consular immunity
2E
1
Relevant payments and relevant receipts to which, at the chargeable date, a person is beneficially entitled who —
a
beneficially owns at that date the relevant holdings from which those payments and receipts are derived, and
b
by virtue of any of the enactments specified in paragraph (3), is entitled at that date to exemption or immunity from income tax in respect of income having its source outside the United Kingdom,
are relevant payments and relevant receipts of a description which is prescribed for the purposes of section 118G(4)(i).
2
A relevant receipt consisting of a manufactured overseas dividend to which, at the chargeable date, a person is beneficially entitled who, by virtue of any of the enactments specified in paragraph (3), is entitled at that date to exemption or immunity from income tax in respect of income having its source outside the United Kingdom, is a relevant receipt of a description which is prescribed for the purposes of section 118G(4)(i).
3
The enactments specified are —
a
the Diplomatic Privileges Act 1964 ;
b
the Consular Relations Act 1968 ;
c
the Commonwealth Countries and Republic of Ireland (Immunities and Privileges) Order 1985 ;
d
section 320;
e
section 322 .
Companies in the same group
2F
1
A relevant receipt in relation to which a company is a collecting agent for another company in the circumstances specified in paragraph (2) is a relevant receipt of a description which is prescribed for the purposes of section 118G(4)(i).
2
The circumstances specified are where —
a
both companies belong to the same group of companies, and
b
a company belonging to the same group of companies —
i
where the relevant receipt is a manufactured overseas dividend, is beneficially entitled to that relevant receipt, or
ii
in any other case is both the beneficial owner of the relevant holdings from which the relevant receipt derives and is beneficially entitled to that relevant receipt.
3
In paragraph (2) “group” means a company which has one or more 51 per cent. subsidiary companies together with that or those subsidiaries.
4
In paragraph (3) “51 per cent. subsidiary” shall be construed in accordance with section 838(1)(a).
Local authorities and health service bodies
2G
1
The persons specified in paragraph (2), being persons exempt from income tax and corporation tax under section 519 or 519A, are persons who are prescribed for the purposes of section 118G(4)(g).
2
The persons specified are —
a
a local authority in the United Kingdom;
b
a local authority association within the meaning given by section 519(3);
c
a health service body within the meaning given by section 519A(2).
Manufactured overseas dividends — local authorities and health service bodies
2H
A relevant receipt consisting of a manufactured overseas dividend to which, at the chargeable date, any of the persons specified in regulation 2G(2) is beneficially entitled, is a relevant receipt of a description which is prescribed for the purposes of section 118G(4)(i).
Manufactured overseas dividends — non-resident recipients
2J
A relevant receipt consisting of a manufactured overseas dividend to which, at the chargeable date, a person who is not resident in the United Kingdom is beneficially entitled, is a relevant receipt of a description which is prescribed for the purposes of section 118G(4)(i).
Manufactured overseas dividends — banks resident in the United Kingdom
2K
A relevant receipt consisting of a manufactured overseas dividend which is representative of a foreign dividend in the form of interest and to which, at the chargeable date, a bank which is resident in the United Kingdom is beneficially entitled, is a relevant receipt of a description which is prescribed for the purposes of section 118G(4)(i).
Manufactured overseas dividends — qualifying discretionary or accumulation trusts
2L
A relevant receipt consisting of a manufactured overseas dividend which arises to the trustees of a qualifying discretionary or accumulation trust in their capacity as such is a relevant receipt of a description which is prescribed for the purposes of section 118G(4)(i).
Manufactured overseas dividends paid directly or indirectly to a recognised clearing system
2M
1
A relevant receipt consisting of a manufactured overseas dividend which is paid or accounted for by a collecting agent directly to a recognised clearing system is a relevant receipt of a description which is prescribed for the purposes of section 118G(4)(i).
2
Subject to regulation 3A, a relevant receipt consisting of a manufactured overseas dividend which is paid or accounted for by a collecting agent to, or at the direction of, a depositary for a recognised clearing system is a relevant receipt of a description which is prescribed for the purposes of section 118G(4)(i).
Relevant receipts corresponding to manufactured overseas dividends
2N
1
A relevant receipt in relation to which a person is a collecting agent on behalf of an overseas dividend manufacturer in the circumstances specified in paragraph (2) is, to the extent specified in paragraph (3), a relevant receipt of a description which is prescribed for the purposes of section 118G(4)(i).
2
The circumstances specified in this paragraph are where the relevant receipt —
a
is in respect of a relevant holding to which a manufactured overseas dividend paid by the overseas dividend manufacturer or by the collecting agent on behalf of the overseas dividend manufacturer relates, and
b
is in respect of the same dividend date as that manufactured overseas dividend.
3
The extent specified in this paragraph is so much of the amount of the relevant receipt as is in respect of the relevant holding to which the manufactured overseas dividend relates.
7
After regulation 3 there shall be inserted the following regulation —
Declaration by depositary for recognised clearing system — manufactured overseas dividends
3A
1
Subsection (1) of section 118G shall not apply as regards a relevant receipt to which regulation 2M(2) applies unless the condition prescribed by paragraph (2) is fulfilled.
2
The condition prescribed is that the depositary referred to in regulation 2M(2) has made a declaration to the collecting agent concerned, in the form required by the Board, containing the information specified in paragraph (3) and the undertaking specified in paragraph (4).
3
The information specified is —
a
the full name of the recognised clearing system;
b
the full name of the depositary;
c
the address of the principal place of business of the depositary;
d
the full name of the collecting agent to whom the declaration is made;
e
a statement by the depositary that the relevant receipts payable by the collecting agent, or for which the collecting agent is accountable, are payable or accountable to or at the direction of the depositary in his capacity as depositary for the recognised clearing system;
f
a statement by the depositary that the information contained in the declaration is correct to the best of his knowledge and belief.
4
The undertaking specified is an undertaking that the depositary will notify the collecting agent to whom the declaration is made of any relevant receipts to which the declaration does not apply, or has ceased to apply.
5
A declaration under paragraph (2) shall be signed by an officer of the depositary authorised for that purpose, stating the capacity in which he signs.
6
A declaration under paragraph (2) shall have effect in relation to any relevant receipts arising to the depositary that are paid or accounted for by the collecting agent after the declaration is made to the agent, unless and until the agent —
a
receives a notification relating to those receipts in accordance with the undertaking contained in the declaration,
b
receives a notice from the Board under regulation 10(2) relating to those receipts, or
c
has reason to believe, by reference to information in his possession, that the declaration is, or has become, incorrect as respects those receipts.
8
In regulation 4 —
a
in paragraph (1) for the words from “other” to “applies” there shall be substituted the words “other than a relevant payment falling within paragraph (1A) or a relevant receipt falling within paragraph (1B)”;
b
after paragraph (1) there shall be inserted the following paragraphs —
1A
A relevant payment falls within this paragraph if it is a relevant payment to which section 118G(4)(f) applies.
1B
A relevant receipt falls within this paragraph if it is —
a
a relevant receipt arising to a charitable unit trust scheme within section 118G(4)(d) in circumstances where the collecting agent is a trustee or the manager of that scheme;
b
a relevant receipt to which section 118G(4)(f) applies;
c
a relevant receipt to which regulation 2F, 2M or 2N applies; or
d
a relevant receipt falling within regulation 2B, 2C or 2D in relation to which the eligible person is a collecting agent.
9
In regulation 6 —
a
in paragraph (2)(d) for the words from “paragraph” to “apply” there shall be substituted the words “none of the relevant provisions applies”;
b
after paragraph (4) there shall be added the following paragraph —
5
In paragraph (2)(d) “the relevant provisions” means —
a
paragraphs (a) to (e) and (j) of section 118G(4), and
b
regulations 2A to 2E and 2G to 2L.
10
After regulation 6 there shall be inserted the following regulations —
Declaration by overseas dividend manufacturer
6A
1
Subject to paragraph (2), subsection (1) of section 118G shall not apply as regards a relevant receipt to which regulation 2N applies, unless the overseas dividend manufacturer referred to in that regulation has made a declaration to the collecting agent concerned relating to that receipt.
2
Paragraph (1) shall not apply where the manufactured overseas dividend referred to in regulation 2N is paid by the collecting agent on behalf of the overseas dividend manufacturer.
3
Subject to paragraphs (4) and (5), a declaration under paragraph (1) shall be regarded as relating to a relevant receipt if —
a
the chargeable date for the receipt falls —
i
in the month in which the declaration is made to the collecting agent, or
ii
where the declaration is made within the period of 14 days commencing with the first day of a month, in the preceding month; or
b
the receipt is received or arises after the end of the month in which the declaration is made.
4
A declaration under paragraph (1) shall not be regarded as relating to a relevant receipt if, prior to receipt of the declaration, the collecting agent to whom it is made has furnished a certificate under section 118E(4) with respect to that receipt.
5
A declaration under paragraph (1) shall not be regarded as relating to a relevant receipt if the collecting agent —
a
receives a notification relating to that receipt in accordance with the undertaking contained in the declaration,
b
receives a notice from the Board under regulation 10(2) relating to that receipt, or
c
has reason to believe, by reference to information in his possession, that the declaration is, or has become, incorrect as respects that receipt.
Declaration by overseas dividend manufacturer — additional provisions
6B
1
A declaration by an overseas dividend manufacturer under regulation 6A shall be in the form prescribed, or in a form authorised, by the Board, and shall contain the information specified in paragraph (2) and the undertaking specified in paragraph (3).
2
The information specified is —
a
the full name of the overseas dividend manufacturer;
b
the principal address of the overseas dividend manufacturer, that is to say —
i
where the overseas dividend manufacturer is an individual, or a trustee other than a corporate or a professional trustee, his principal residential address,
ii
where the overseas dividend manufacturer is a body corporate (including a corporate trustee), the address of its registered office or principal place of business,
iii
where the overseas dividend manufacturer is a professional trustee, the address of his employment or principal place of business;
c
the full name of the collecting agent to whom the declaration is made;
d
a statement that the circumstances specified in regulation 2N(2) are satisfied with respect to the relevant receipt in question;
e
details of the foreign holding to which the relevant receipt relates and, where the circumstances specified in regulation 2N(2) are satisfied with respect to a part of the relevant receipt, details of the part of the foreign holding to which the manufactured overseas dividend paid by the overseas dividend manufacturer relates;
f
a statement that the information contained in the declaration is correct to the best of the overseas dividend manufacturer’s knowledge and belief.
3
The undertaking specified is an undertaking that the overseas dividend manufacturer will notify the collecting agent to whom the declaration is made of any relevant receipts to which the declaration does not apply.
4
A declaration under paragraph (1) shall be signed —
a
where the overseas dividend manufacturer is an individual, by that individual,
b
where the overseas dividend manufacturer is a trustee of a qualifying discretionary or accumulation trust (other than a corporate trustee), by that trustee, stating the capacity in which he signs,
c
where the overseas dividend manufacturer is a body corporate (including a corporate trustee), by the secretary of that company or other officer of that company duly authorised for that purpose, stating the capacity in which he signs,
d
in any other case, by an officer of the organisation concerned duly authorised for that purpose, stating the capacity in which he signs.
11
After regulation 8 there shall be inserted the following regulations —
Certificates by paying and collecting agents — additional information
8A
1
A certificate furnished pursuant to subsection (4) of section 118E by a paying agent or a collecting agent to the person entitled to the chargeable payment or, as the case may be, the chargeable receipt shall contain the information specified in paragraph (2) in addition to that set out in paragraphs (a) to (d) of that subsection.
2
The information specified in this paragraph is —
a
a description of the chargeable payment or chargeable receipt, including the name of the body of persons or government, or public or local authority, issuing the relevant holdings in respect of which the chargeable payment or chargeable receipt is payable;
b
details of tax paid in respect of the income in question under the law of a territory outside the United Kingdom, including the name of that territory;
c
in the case of a manufactured overseas dividend paid to the collecting agent, details of tax accountable for in accordance with paragraph 4 of Schedule 23A and the Manufactured Overseas Dividends Regulations in respect of the payment;
d
details of the amount of the chargeable payment or chargeable receipt by reference to which income tax is calculated;
e
details of the amount of tax set off in accordance with regulation 8B.
Set off of foreign withholding tax
8B
1
Subject to paragraph (2), the amount of any income tax which a paying agent would otherwise be liable to deduct under section 118E(1)(a), or for which a collecting agent would otherwise be liable to account under section 118E(3)(a), may be reduced by an amount equal to the amount of any tax that —
a
was paid in respect of the income in question under the law of a territory outside the United Kingdom, and
b
would qualify for credit against tax payable in respect of that income in the United Kingdom under section 788 or 790.
2
In the case of a chargeable receipt which is a manufactured overseas dividend, the amount of any income tax for which a collecting agent would otherwise be liable to account under section 118E(3)(a) may be reduced by an amount equal to the aggregate of the following amounts —
a
the amount (if any) of tax accountable for in accordance with paragraph 4 of Schedule 23A and the Manufactured Overseas Dividends Regulations or, where regulation 7(3A) of those Regulations applies in relation to the manufactured overseas dividend, the amount of tax treated as accounted for and paid pursuant to that provision, and
b
the amount (if any) of tax charged on or in respect of the payment of the manufactured overseas dividend under the law of a territory outside the United Kingdom,
but so that the resulting aggregate amount does not exceed the amount that would have been found under paragraph (1) above in relation to the dividend of which the manufactured overseas dividend is representative.
Prevention of double accounting
8C
1
Where more than one person is a collecting agent in relation to the same relevant receipt (by virtue of that relevant receipt passing along a chain of collecting agents), the collecting agent who first performs a relevant function (within the meaning given by section 118C) in relation to that relevant receipt shall, subject to paragraph (2), be regarded as the sole collecting agent in relation to that relevant receipt for the purposes of the principal sections and these Regulations.
2
Except where the successor in the chain of collecting agents is a collecting agent for other companies in the same group (within the meaning given by regulation 2F(3)), the person who for the time being is the sole collecting agent may agree with his successor in the chain of collecting agents that that successor shall be treated as the sole collecting agent in relation to the relevant receipt for the purposes of the principal sections and these Regulations.
3
For the purposes of paragraph (2) and subject to paragraph (4), an agreement between collecting agents shall be made by the collecting agent who desires to assume responsibility as the sole collecting agent in relation to the relevant receipt giving notice to the other collecting agent, and the other collecting agent accepting that notice.
4
An agreement shall not be regarded as being made pursuant to paragraph (3) if the collecting agent to whom the notice referred to in that paragraph is given has, prior to receipt of the notice, furnished a certificate under section 118E(4) with respect to the relevant receipt.
5
A notice under paragraph (3) shall contain the following information —
a
the identity of the collecting agent by whom the notice is given;
b
the identity of the collecting agent to whom the notice is given;
c
details of the relevant receipts to which the notice relates;
d
the date of the notice.
6
An agreement under paragraph (2) shall have effect in relation to any relevant receipts to which it relates arising to the collecting agent to whom the notice under paragraph (3) is given after the acceptance by him of the notice, unless and until —
a
either of the collecting agents withdraws from the agreement by notice to the other collecting agent, or
b
the person to whom the notice under paragraph (3) was given receives a notice from the Board under regulation 10(2) relating to the relevant receipts referred to in the notice.
12
In each of regulations 10(3), 15(1) and 16(1) for the words “or 4” there shall be substituted the words “, 3A, 4 or 6A”.
13
In regulation 14 —
a
after the words “regulation 3” there shall be inserted the words “or 3A”;
b
after the words “regulation 4,” there shall be inserted the words “or an overseas dividend manufacturer who has made a declaration under regulation 6A,”.
Nick Montagu
C W Corlett
Two of the Commissioners of Inland Revenue
14th November 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Essex and Herts Community National Health Service Trust (Transfer of Trust Property) Order 1997 and shall come into force on 1st April 1997.
3
In this Order —
“the Authority” means the North Essex Health Authority established on 1st April 1996 ;
“the old Authority” means the former North Essex Health Authority established on 1st April 1993 and abolished on 1st April 1996 ;
“the Trust” means the Essex and Herts Community National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 13th December 1995, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 1st April 1997 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
24th March 1997


text:
1
This Order may be cited as the Transfer of Prisoners (Isle of Man) — Order 1997 and shall come into force on 21st July 1997.
2
It is hereby directed that paragraph 14 of Schedule 1 to the Crime (Sentences) Act 1997 shall apply in relation to the Isle of Man with the modification that, in sub-paragraph (1) of that paragraph, for the words “any of the Channel Islands” there shall be substituted the words “the Isle of Man”.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Electromagnetic Compatibility (Wireless Telegraphy Apparatus) Certification and Examination Fees Regulations 1997 and shall come into force on 2nd February 1998.
Revocation and transitional provisions
2
1
Subject to paragraph (2) below, the Electromagnetic Compatibility (Wireless Telegraphy Apparatus) Certification and Test Fees Regulations 1992 are hereby revoked.
2
Where, for the purposes of the determination of an application for certification received by the Secretary of State on or before 1st February 1998, the whole or part of any certification of apparatus is conducted on or after the coming into force hereof, the fee to be charged in respect of the whole of that certification shall be the fee provided for in the Electromagnetic Compatibility (Wireless Telegraphy Apparatus) Certification and Test Fees Regulations 1992.
Interpretation
3
1
In these Regulations, unless the context otherwise requires —
“apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus of a description mentioned or referred to in paragraph 4 of Schedule 6 to the EMC Regulations ;
“application” means an application for the issue of a technical report, a technical certificate or an EC type-examination certificate as the case may be and includes an application for the variation of the same;
“certification fee” shall be construed in accordance with regulation 6;
“certified apparatus” means apparatus in respect of which a technical report, a technical certificate or an EC type-examination certificate as the case may be has been issued;
“the EMC Regulations” means the Electromagnetic Compatibility Regulations 1992 ;
“examination” means the supervision by an officer of a test carried out by a person other than an officer and inspection of apparatus and shall include the carrying out of a test by an officer;
“examination fee” shall be construed in accordance with regulation 5;
“modification” means any change to certified apparatus which is effected by or on behalf of a person other than the manufacturer of that apparatus;
“non-technical change” means any change to certified apparatus which does not affect or is not capable of affecting the electromagnetic compatibility characteristics of that apparatus which is effected by or on behalf of the manufacturer;
“officer” means a person engaged in examination on behalf of the Secretary of State; and
“technical change” means any change to certified apparatus which affects or is capable of affecting the electromagnetic compatibility characteristics of that apparatus which is effected by or on behalf of the manufacturer.
2
For the purposes of these Regulations —
“EC type-examination certificate”, “technical certificate” and “technical report” shall have the meanings given respectively by the EMC Regulations.
3
For the purposes of these Regulations —
a
the setting up and dismantling of the apparatus examined and any other equipment required to conduct an examination;
b
the analysis of examination results;
c
the compiling of an examination report; and
d
unpacking and repacking the apparatus examined,
shall be treated as part of the examination.
4
For the purposes of these Regulations, “visit” means a continuous period of time during which an officer is reasonably absent from his work place for the purposes of conducting an examination and includes time spent in conducting the examination, time reasonably spent in travel wholly undertaken for the purposes of an examination wholly or partly conducted at a place other than the officer’s work place, any period in which overnight accommodation (including a berth on a boat or train) is reasonably occupied (an “overnight stay”) and any other rest periods reasonably taken whilst so absent.
5
In calculating an officer’s subsistence costs, a visit shall be divided into periods of time in the following order —
a
each complete period of 24 hours (a “24 hour period”);
b
any —
i
single period of less than 24 hours; or
ii
period of less than 24 hours remaining after any 24 hour periods have been taken into account,
which includes an overnight stay (an “overnight period”);
c
where —
i
the visit does not involve an overnight stay; or
ii
the visit involves one or more 24 hour periods, but no overnight period is counted,
any period of —
aa
10 hours or more but less than 24 hours (a “day period”); or
bb
5 hours or more but less than 10 hours (a “half-day period”); and
d
any remaining period of less than 5 hours, which shall be disregarded.
6
In calculating an examination fee or variable fee, each period of time taken by each officer involved in conducting an examination shall be counted separately, and the total for each officer be aggregated, and the aggregate for all officers involved divided into complete periods of 15 minutes, with any remaining period of 7.5 minutes or more but less than 15 minutes being counted as a complete period of 15 minutes, and any remaining period of less than 7.5 minutes being disregarded.
Application
4
These Regulations apply to the charging of fees for the purpose of determining an application and in respect of the examination of apparatus for that purpose conducted by the Secretary of State.
Examination fees
5
1
This regulation applies to the charging of fees, “examination fees”, in respect of the examination of apparatus conducted by the Secretary of State for the purpose of determining an application for the issue of a technical report or technical certificate or variation thereof.
2
The examination fee shall be the sum of —
a
the amount calculated in accordance with Schedule 1 hereto; and
b
an amount equal to the value added tax chargeable on the supply of that examination.
3
For the purposes of this regulation, the value of the supply of examination by reference to which value added tax is chargeable shall be the amount calculated in accordance with Schedule 1 hereto.
Certification fees
6
1
This regulation applies to the charging of fees, “certification fees”, in respect of the determination of an application for the issue of an EC type-examination certificate or variation thereof by the Secretary of State including the charging of fees in respect of any examination carried out as part of that determination.
2
The certification fee, which is payable whether or not the application is granted, shall be the sum of —
a
the sum specified in relation to the type of application appearing in Schedule 2 hereto (“the fixed fee”); and
b
if the determination of an application includes a visit, the sum of —
i
the amount calculated in accordance with Schedule 3 hereto (“the variable fee”); and
ii
an amount equal to the value added tax chargeable on the supply of that examination.
3
For the purposes of this regulation, the value of the supply of examination by reference to which value added tax is chargeable shall be the variable fee.
Timing of payment of fees
7
1
Where an examination fee is payable, the Secretary of State shall —
a
on receipt of an application for a technical report or technical certificate or variation thereof, estimate in complete periods of 15 minutes the time to be taken in conducting the examination and thereby estimate the amount to be payable in accordance with regulation 5 above, and shall serve an invoice on the applicant for the amount so estimated, which shall thereupon be due and payable to the Secretary of State;
b
on completion of the examination, the Secretary of State shall —
i
serve an invoice on the applicant for the final amount of the examination fee, which shall thereupon, and before disclosure of the technical report or technical certificate, be due and payable to the Secretary of State; or
ii
if the amount received under paragraph (1)(a) above exceeds the final amount of the examination fee, repay the balance to the applicant.
2
Where a variable fee is payable, the Secretary of State shall on completion of the visit notify the applicant of the amount of the variable fee which shall thereupon, and before disclosure and notification of the result of the application, be due and payable to the Secretary of State.
3
The fixed fee shall be due and payable on the making of the application.
Barbara Roche,
Parliamentary Under-Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
17th December 1997
We consent to these Regulations.
Graham Allen,
Jim Dowd,
Two of the Lords Commissioners of Her Majesty’s Treasury
18th December 1997


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security (Recovery of Benefits) Act 1997 (Commencement) Order 1997.
2
In this Order, “the 1997 Act ” means the Social Security (Recovery of Benefits) Act 1997.
Appointed days
2
1
The following provisions of the 1997 Act shall come into force on 3rd September 1997 for the purpose of conferring on the Secretary of State the powers to make regulations:
section 1(2) insofar as it relates to paragraphs 4 and 8 of Part I of Schedule 1
section 4(9)
section 11(5) and (6)
section 12(6) and (7)
section 13(3)
section 14(2), (3) and (4)
section 16(1) and (2)
section 18
section 19
section 21(3)
section 23(1), (2), (5) and (7).
2
The 1997 Act to the extent it is not already in force shall come into force on 6th October 1997.
Signed by authority of the Secretary of State for Social Security.
Patricia Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
1st September 1997


text:
Title, commencement, extent and interpretation
1
1
These Regulations may be cited as the Common Agricultural Policy (Wine) (Amendment) Regulations 1997, and shall come into force on 1st April 1997.
2
These Regulations shall apply to the United Kingdom.
3
In these Regulations “the principal Regulations ” means the Common Agricultural Policy (Wine) Regulations 1996 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 14 of these Regulations.
3
In paragraph (1) of regulation 2 (interpretation and revocation), in the definition of “county” —
a
for the words “by section 1 of the Local Government Act 1972” there shall be substituted the following words —
either by section 1 of the Local Government Act 1972 or, as the case may be, by order under section 17 of the Local Government Act 1992 , and the administrative area of Greater London established by section 2(1) of the London Government Act 1963
, and
b
for the words “section 20 of that Act” there shall be substituted the words “section 20 of the Local Government Act 1972”.
4
After regulation 5 (geographical ascriptions for table wine), there shall be inserted the following regulation —
Table wine: rules governing use of the term “regional wine”
5A
The rules required by Article 2(3)(i), as read with Article 4(3), of Council Regulation ( EEC ) No. 2392/89 , as amended , to be laid down before the term “regional wine” may be used (in accordance with the requirements of the said Regulation) in the description of a table wine originating in the United Kingdom are those contained in Schedule 3A.
.
5
In Schedule 1 (community provisions) —
a
items 4, 5, 6, 28 and 41 shall be deleted;
b
in the items listed below, in each case at the end of the first column, there shall be inserted the words specified in respect of that item —
i
in item 14, the words “and by Commission Regulation ( EC ) No. 1914/96 ( OJ No. L252, 4.10.96, p.1)”;
ii
in item 19, the words “and by Commission Regulation (EC) No. 1648/96 (OJ No. L207, 17.8.96, p.7)”;
iii
in item 24, the words “and by Council Regulation (EC) No. 1596/96 (OJ No. L206, 16.8.96, p.38)”;
iv
in item 26, the words “and by Council Regulation (EC) No. 1592/96 (OJ No. L206, 16.8.96, p.31)”;
v
in item 27, the words “and by Council Regulation (EC) No. 1426/96 (OJ No. L184, 24.7.96, p.1)”;
vi
in item 29, the words “and by Council Regulation (EC) No. 1594/96 (OJ No. L206, 16.8.96, p.35)”;
vii
in item 35, the words “and by Council Regulation (EC) No. 1427/96 (OJ No. L184, 24.7.96, p.3; corrigendum at OJ No. L233, 14.9.96, p.28)”;
viii
in item 38, the words “and by Commission Regulation (EC) No. 692/96 (OJ No. L97, 18.4.96, p.15) and by Commission Regulation (EC) No. 1056/96 (OJ No. L140, 13.6.96, p.15)”;
ix
in item 40, the words “and by Regulation (EC) No. 2061/96 of the European Parliament and of the Council (OJ No. L277, 30.10.96, p.1)”;
x
in item 45, the words “and by Council Regulation (EC) No. 1428/96 (OJ No. L184, 24.7.96, p.7) and by Council Regulation (EC) No. 1594/96 (OJ No. L206, 16.8.96, p.35)”;
xi
in item 46, the words “and by Council Regulation (EC) No. 1429/96 (OJ No. L184, 24.7.96, p.9)”;
xii
in item 47, the words “and by Commission Regulation (EC) No. 693/96 (OJ No. L97, 18.4.96, p.17)”;
xiii
in item 55, the words “as amended by Commission Regulation (EC) No. 1915/96 (OJ No. L252, 4.10.96, p.10)”;
c
after item 55 there shall be inserted the following item —
in the first column (measures containing Community provisions) in the second column (OJ reference)
56
Commission Regulation (EC) No. 1294/96 laying down detailed rules for the application of Council Regulation (EEC) No. 822/87 as regards harvest, production and stock declarations relating to wine-sector products as corrected by Commission Regulation (EC) No. 2050/96 (OJ No. L274, 26.10.96, p.17)
OJ No. L166, 5.7.96, p.14
.
6
In Part I (accompanying documents and records) of Schedule 2 (relevant community provisions), in item 3, at the end of the first column, there shall be inserted the words “as amended by Regulation 1427/96: Article 1”.
7
In Part II (quality wines produced in specified regions) of Schedule 2, in both items 13 and 14, in each case at the end of the first column, there shall be inserted the words “and by Regulation 1426/96”.
8
In Part III (description and presentation) of Schedule 2 —
a
in item 1, at the end of the first column, there shall be inserted the words “and by Regulation 1427/96: Article 1 (corrigendum at OJ No. L233, 14.9.96, p.28)” and, at the end of the second column, there shall be inserted the words “and by Regulation 692/96: Article 1 and by Regulation 1056/96: Article 1”;
b
in item 2, at the end of the first column, there shall be inserted the words “as amended by Regulation 1429/96: Article 1” and, at the end of the second column, there shall be inserted the words “as amended by Regulation 1915/96: Article 1”.
9
In Part IV (production and control of planting) of Schedule 2 —
a
in item 1, for the entry in the second column there shall be substituted the following entry —
Regulation 1294/96, as corrected by Regulation 2050/96
;
b
in item 2, at the end of the first column, there shall be inserted the words “and by Regulation 1592/96: Article 1”.
10
In Part V (oenological processes and conditions for release to the market) of Schedule 2 —
a
in item 9, at the end of the first column, there shall be inserted the words “as amended by Regulation 1592/96”;
b
in both items 10 and 11, in each case at the end of the first column, there shall be inserted the words “and Regulation 1592/96”;
c
in item 19, at the end of the first column, there shall be inserted the words “and by Regulation 1428/96: Article 1”.
11
In Schedule 3 (list of vine varieties for producing table wine) —
a
the variety “GM 6494/5” shall be deleted, and
b
after the variety “Riesling” there shall be inserted the variety “Rondo (GM 6494/5)”.
12
After Schedule 3, there shall be inserted the following Schedule —
SCHEDULE 3A
RULES GOVERNING USE OF THE TERM “REGIONAL WINE” IN THE DESCRIPTION OF A TABLE WINE ORIGINATING IN THE UNITED KINGDOM
Regulation 5A
PART I
RULES
1
The term “regional wine” shall only be used in the description of a table wine originating in the United Kingdom where —
a
it occurs as part of one of the following longer descriptions —
i
“English Counties regional wine”, or
ii
“Welsh Counties regional wine”; and
b
the table wine to which it is applied —
i
was produced only from the grapes of one or more of the varieties listed in Schedule 3, excluding Kanzler, Madeleine Royale, Mariensteiner and Perle;
ii
was produced only from grapes from vines the total yield from which, in the calendar year in which those grapes were harvested, did not exceed 100 hectolitres of wine or grape juice per hectare of vine cultivation;
iii
has a minimum natural alcoholic strength by volume of 6.0%;
iv
has been subjected to an analytical test in relation to each factor specified and found to meet each of the standards required to be met as also specified in Part II of this Schedule; and
v
has the organoleptic qualities, in relation to its colour, clarity, smell, and taste, that are characteristic in such wine.
2
1
The description “English Counties regional wine” shall only be used in the description of a table wine which fulfils the conditions contained in paragraph 1(b) above where the grapes used in the production of such wine were grown only in England.
2
The description “Welsh Counties regional wine” shall only be used in the description of a table wine which fulfils the conditions contained in paragraph 1(b) above where the grapes used in the production of such wine were grown only in Wales.
PART II
ANALYTICAL TEST FOR REGIONAL WINES
The analytical test to establish whether any table wine is eligible to be described as a regional wine shall (subject to numbered paragraph 6 below) comprise measurement of each factor specified in the heading to a numbered paragraph of this Part, and the standard (if any) required to be met in relation to that factor in order for the table wine to be so eligible is that specified in the remainder of that paragraph.
Actual Alcoholic Strength
1
A minimum of 8.5% actual alcoholic strength.
Total Dry Extract
2
A minimum of 15 g/l.
Reducing Sugars
3
No standard required to be met.
pH
4
No standard required to be met.
Total Acidity
5
A minimum of 5 g/l expressed as tartaric acid.
Volatile Acidity
6
A maximum volatile acid content as defined in Council Regulation (EEC) No. 822/87 , as amended (to be recorded for sweet wines and red wines only).
Total Sulphur Dioxide
7
A maximum as defined in Council Regulation (EEC) No. 822/87 .
Free Sulphur Dioxide
8
Where effective oenological techniques are used to ensure the stability of the wine, no minimum, and otherwise 15 mg/l.
A maximum of 45 mg/l for dry wines as defined in Article 14(7) of Commission Regulation (EEC) No. 3201/90 , as amended.
A maximum of 60 mg/l for other wines.
Copper
9
A maximum of 0.5 mg/l.
Iron
10
A maximum of 8 mg/l.
Sterility
11
There must be no indication of yeasts or bacteria liable to cause spoilage of the wine.
Protein Stability
12
The wine must remain unchanged in appearance after being held at 70°C for 15 minutes and subsequently cooled to 20°C.
.
13
For Part I of Schedule 4 (specified regions producing quality wines psr — English vineyards) there shall be substituted the following Part —
PART I
(SPECIFIED REGIONS OF ENGLISH VINEYARDS)
The counties of —
Bath and North East Somerset
Bedfordshire
Berkshire
Bournemouth
Brighton and Hove
City of Bristol
Buckinghamshire
Cambridgeshire
Cheshire
Cornwall
Darlington
Derby
Derbyshire
Devon
Dorset
Durham
East Riding of Yorkshire
East Sussex
Essex
Gloucestershire
Greater London
Hampshire
Hereford and Worcester
Hertfordshire
Isle of Wight
Kent
City of Kingston upon Hull
Leicester
Leicestershire
Lincolnshire
Luton
Milton Keynes
Norfolk
Northamptonshire
North East Lincolnshire
North Lincolnshire
North West Somerset
Nottinghamshire
Oxfordshire
Poole
Portsmouth
Rutland
Shropshire
Somerset
Southampton
South Gloucestershire
South Yorkshire
Staffordshire
Stoke on Trent
Suffolk
Surrey
Thamesdown
Warwickshire
West Midlands
West Sussex
West Yorkshire
Wiltshire
.
14
In paragraph 7 (total sulphur dioxide) of Schedule 6 (analytical test for quality wines psr), the words “point 7 of Annex 1 to” shall be deleted.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
26th February 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
28th February 1997


text:
Citation and commencement
1
This Scheme may be cited as the War Pensions (Mercantile Marine) (Amendment) Scheme 1997 and shall come into force on 7th April 1997.
Commencing dates of awards
2
For Schedule 7 (commencing dates of awards of benefit) of the War Pensions (Mercantile Marine) Scheme 1964 there shall be substituted the Schedule set out in the Schedule to this Scheme.
Signed by authority of the Secretary of State for Social Security.
Mackay of Ardbrecknish
Minister of State,
Department of Social Security
12th March 1997
We consent,
Patrick McLoughlin
Gyles Brandreth
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 1997


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Lesotho) Order 1997.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in the Schedule to this Order have been made with the Government of the Kingdom of Lesotho with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Lesotho;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Lesotho concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Pension Scheme (Provision of Information, Administrative Expenses and Restitution) Regulations 1997 and shall come into force on 9th April 1997.
2
In these Regulations “the principal Regulations” means the Local Government Pension Scheme Regulations 1995
Age restrictions
2
Regulation B2 of the principal Regulations is amended —
a
by inserting at the beginning of paragraph (2) the words “Subject to paragraph (2A)”; and
b
by inserting after paragraph (2) the following —
2A
Paragraph (2) shall not apply to a person to whom regulation K15A applies.
.
Rejoining the Scheme
3
Regulation B13(3) of the principal Regulations is amended by adding the following —
, or
he is a person to whom regulation K15A applies.
.
Mis-sold pensions
4
Part K of the principal Regulations is amended —
a
in regulation K14(1)(a) by inserting after the words “or, as the case may be” the words “regulation K15A”;
b
by inserting the following after regulation K15 —
K15A
1
This regulation applies to a person who, during any period —
a
was eligible to be a member of the Scheme;
b
opted out of the Scheme under regulation B10(2) or regulation B12(2) and was a member of a personal pension scheme or made contributions to a retirement annuity contract approved under Chapter III or Part XIV of the Income and Corporation Taxes Act 1988 or a retirement benefits scheme approved under section 591(2)(g) of that Act; and
c
has suffered loss as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986 (actions for damages in respect of contravention of rules etc. made under the Act ).
2
Where, at any time, a person to whom this regulation applies, applies to become a member of the Scheme under regulation B10(1) or B13(1) but dies in pensionable employment or becomes entitled to benefits under Part D of these regulations before the transfer payment referred to in paragraph (3) has been paid to the appropriate pension fund in respect of him, paragraph (3) shall continue to apply in the case of that person.
3
Where —
a
a transfer value in relation to a person to whom this regulation applies —
i
is paid by the trustees or managers of a personal pension scheme,
ii
has been calculated in a manner consistent with the methods adopted and assumptions made by the administering authority in determining the restitution payment,
iii
is paid following an application made to the administering authority before the expiry of the period of twelve months beginning with the date on which the individual joins or rejoins the Scheme or such longer period as the administering authority may allow; and
b
the administering authority of the pension fund to which the transfer value is paid is satisfied that —
i
it is adequate to restore the position in relation to that individual to what it would have been if the individual has been a member of the Scheme throughout the period he was eligible to be a member of the Scheme but instead was a member of a personal pension scheme or made contributions to a retirement annuity contract or retirement benefits scheme referred to in regulation K15A(1)(b) (“the relevant period”); or
ii
it represents an amount which will provide such period of service as the administering authority may approve in respect of the relevant period
then —
c
the period mentioned in regulation K14(1)(a) shall be equal to the period which the individual would have been entitled to count as his period of membership if he had been a member of the Scheme throughout the relevant period or such shorter period as the administering authority may approve; and
d
the individual shall be entitled to count as a period to which Part II of Schedule B6 applies the whole of the relevant period or such shorter period as the administering authority may approve.
4
In the case of a member to whom this regulation applies who has been credited with an additional period of membership calculated as specified in regulation K15 (transfers from non-club schemes), the administering authority may adjust the amount of the period of membership or period of total membership referred to in paragraph (3)(c) and (d) on account of the transfer value payment by reference to which that additional period of membership was credited.
5
In this regulation “restitution payment” has the same meaning as in regulation K29(5)(a).
; and
c
by inserting the following after regulation K28 —
Provision of information, charging and prescribed persons
K29
1
For the purposes of section 172(1) of the Pensions Act 1995 (“the Pensions Act”) (prescribed circumstances in which information may be provided) (“the prescribed circumstances”) the prescribed circumstances are that the individual to whom the information relates, or, where he has died, his personal representatives, has requested or consented in writing to the provision of the information.
2
For the purpose of section 172(1) of the Pensions Act (persons to whom information may be provided and the imposition of reasonable fees in respect of expenses incurred in providing that information) the prescribed persons are those persons described in paragraph 1 of Schedule K2.
3
For the purposes of section 172(2) of the Pensions Act (persons on whom fees may be imposed in respect of administrative expenses incurred in connection with admission, readmission or payment) the prescribed persons are the persons referred to in paragraph 2 of Schedule K2.
4
For the purposes of section 172(4) of the Pensions Act (person prescribed in place of the Secretary of State in the case of an occupational pension scheme under section 7 of the Superannuation Act 1972) an administering authority is a prescribed person.
5
Where —
a
information is requested by a prescribed person in the prescribed circumstances in relation to an individual to whom regulation K15A applies for the purpose of establishing what payment would need to be made to the Scheme in respect of the individual to restore the position to what it would have been if the individual had been an active member of the Scheme throughout the period in question (“the restitution payment”), or
b
an individual to whom regulation K15A applies, applies to become a member of the Scheme or applies to have a restitution payment accepted having become a member of the Scheme after the period in question
the administering authority who maintain the pension fund which would be the appropriate pension fund for that individual shall calculate the restitution payment in accordance with the provisions of paragraphs 3 to 5 of Schedule K2.
.
Limitations on contributions and benefits
5
Schedule C5 to the principal Regulations is amended —
a
by inserting after paragraph 1(5) the following —
5A
Where a member who was eligible to become a member at a time when he would have become a Class B member or a Class C member as the case may be applies for membership after that date by virtue of being a person to whom regulation K15A applies, he shall be treated as a Class B or a Class C member as the case may be at any time if —
a
he continues to be a member throughout the period beginning with the date when he becomes a member of the Scheme and ending with that time; or
b
the conditions mentioned in sub-paragraph (6) are satisfied in relation to the part of that period when he was not a member.
; and
b
in paragraph 1(6) —
i
by deleting the word “or” at the end of paragraph (c); and
ii
by adding at the end of paragraph (d) the following —
; or
that his membership ceased by reason of the member opting out of the Scheme as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986.
.
Prescribed persons and transfer values
6
The principal Regulations are amended by the insertion of the following as a Schedule —
Schedule K2
MIS-SOLD PENSIONS
(Regulation K29)
Prescribed persons
1
For the purposes of regulation K29(2) (prescribed persons to whom information may be provided) the persons are: —
a
a person who is or has been an authorised person within the meaning of the Financial Services Act 1986 (“the 1986 Act ”) (“an authorised person”);
b
an appointed representative within the meaning of section 44 of the 1986 Act (“an appointed representative”);
c
a recognised self-regulating organisation within the meaning of the 1986 Act;
d
a recognised professional body within the meaning of the 1986 Act;
e
the Securities and Investments Board;
f
the Investors Compensation Scheme Limited;
g
a professional indemnity insurer of an authorised person or an appointed representative;
h
The Chartered Accountants Compensation Scheme Limited;
i
The Solicitors Indemnity Fund Limited;
j
a person or body arbitrating or adjudicating in, or investigating or considering, a complaint brought by such an individual as is mentioned in section 172(1) of the Pensions Act against an authorised person or an appointed representative;
k
a person or body appointed to act on behalf of any of the above.
2
For the purposes of regulation K29(3) (persons on whom fees may be imposed) the persons are any person listed in sub-paragraphs (a) to (d) and (f) to (i) of paragraph 1 and any person or body appointed to act on behalf of any of those persons.
3
A restitution payment in relation to an individual shall be an amount equal to the total of: —
a
the capitalised value of the rights which would have accrued to him under these regulations at the material date if he had been a member of the Scheme throughout the relevant period including the capitalised value of any rights under the Pensions (Increase) Act 1971 and the Pensions (Increase) Act 1974 , and
b
the transfer value (if any) previously paid out of the Scheme under regulation K2 to the personal pension scheme in respect of the transferred-out service increased by interest at a rate approved from time to time by the Government Actuary for that purpose on a daily basis over the period from the date on which such a transfer value was paid out of the Scheme to the date on which it is assumed, for the purpose of calculating the restitution payment, that a transfer value will be paid to the Scheme (“the calculation date”).
4
The amount, if any, calculated by virtue of paragraph 3(b) shall be at least equal to the amount of the cash equivalent transfer value which would be payable by the Scheme in respect of the transferred-out service if the Scheme were to pay a cash equivalent transfer value in respect of that service immediately after the calculation date.
5
In this Schedule —
a
“capitalised value” means the capitalised value at the material date as determined by the fund authority in such manner as shall be approved by the Government Actuary and using the current tables of factors issued by the Government Actuary for calculating cash equivalent individual transfer values;
b
“material date” means the date on which the administering authority is asked to provide the calculation of the restitution payment;
c
“relevant period” has the same meaning as in regulation K15A(3) ((b)(i)); and
d
“transferred-out service” means the period of service which the member transferred out of the Scheme by exercising a right to a cash equivalent under regulation K2.
.
Signed by the authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,Department of the Environment
18th March 1997