text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (Barnet) Red Route Traffic Order 1997, and shall come into force on 10th July 1997.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors’ vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
The A406 Trunk Road (Barnet) Red Route Experimental Traffic Order 1996 , the Barnet (Waiting and Loading Restrictions) (Special Parking Area) Order 1994 and the Barnet (Waiting and Loading Restrictions) (Priority Routes and Side Roads) Order 1994 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
TRO 297
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:
Commencement and citation
1
This Order may be cited as The London Borough of Haringey (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 Direction 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 A1 Trunk Road (Haringey) (Bus Lanes) Red Route Traffic Order 1993 , The A1 Trunk Road (Haringey) (Bus Lanes) Red Route Traffic Order 1993 Variation Order 1994 , The A1 Trunk Road (Haringey) (Bus Lanes) Red Route Experimental Order 1996 and The A10 Trunk Road (Enfield and Haringey) Red Route (Bus Lanes) ( No. 1) Traffic Order 1996 are hereby revoked in so far as their provisions relate to any length of road specified in the table in the schedule to this order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
24th February 1997


text:
PART I
General
Citation, commencement and revocation
1
1
These Regulations may be cited as the Merchant Shipping (Carriage of Cargoes) Regulations 1997 and shall come into force on 6th February 1997.
2
The Merchant Shipping (Grain) Regulations 1985 are hereby revoked.
Interpretation
2
1
In these Regulations, except where the context otherwise requires:
“appropriate cargo information” or “documentation” means information or documentation relevant to the cargo and its stowage and securing, which should specify in particular the precautions necessary for the safe carriage of that cargo by sea;
“cargo” means any cargo which, owing to its particular hazard to ships or persons on board, may require special precautions, with the exception of liquids in bulk, gases in bulk and dangerous goods;
“cargo hold” or “space” means any hold or space in the ship appropriated for the carriage of cargo;
“cargo unit” includes a cargo transport unit and means wheeled cargo, vehicle, container, flat, pallet, portable tank, packaged unit, or any other cargo, and loading equipment, or any part thereof, which belongs to the ship and which is not fixed to the ship;
“cargoes which may liquefy” means cargoes which are subject to moisture migration and subsequent liquefaction if shipped with a moisture content in excess of the transportable moisture limit;
“certifying authority” means the Secretary of State or any other person or organization authorised by the Secretary of State;
“container” means an article of transport as defined in the International Convention for Safe Containers, (CSC 1972), published by the Organization;
“dangerous goods” has the meaning given by regulation 1(3) of the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990 , and “ Dangerous Goods Regulations ” means those Regulations;
“Department” means the Department of Transport;
“flow moisture point” means the percentage moisture content (wet weight basis) at which a flow state develops under the methods of test in a representative sample of the material as prescribed by the Code of Safe Practice for Solid Bulk Cargoes (BC Code), published by the Organization;
“flow state” means the condition when a mass of granular material is saturated with liquid to an extent that under prevailing external forces such as vibration, impaction or ship’s motion, it loses its internal shear strength and behaves as a liquid;
“forwarder” means a person who receives the appropriate cargo information in preparation for eventual delivery of the cargo to the ship or its agent, and may include a cargo packer or consolidator;
“grain” includes wheat, maize (corn), oats, rye, barley, rice, pulses, seeds and processed forms thereof whose behaviour is similar to that of grain in its natural state;
“international grain code” means the International Code for the Safe Carriage of Grain in Bulk adopted by the Maritime Safety Committee of the Organization by resolution MSC.23(59) on 23rd May 1991;
“Marine Safety Agency” means the Marine Safety Agency, an executive agency of the Department;
“Merchant Shipping Notice” means a Notice described as such, issued by the Department;
“moisture content” means the amount of moisture present in a particular sample expressed as a percentage by weight of the total wet weight of the sample;
“the organization” means the International Maritime Organization;
“offshore supply vessel” means a ship which is used for the transportation of stores, materials, equipment and personnel between a base ashore and offshore installations or between offshore installations;
“operator” in relation to a ship means any owner, charterer, manager and agent of the ship;
“shipper” means any person who, whether as principal or agent for another, consigns goods for carriage by sea;
“SOLAS Convention” means the International Convention for the Safety of Life at Sea 1974, as amended, in force at 1st January 1996;
“surveyor” means a marine surveyor of a certifying Authority and includes any marine surveyor of the Marine Safety Agency;
“transportable moisture limit” means 9/10ths of the flow moisture point;
“trimmed” means any levelling of the material within a cargo space, either partial or total, by means of loading spouts or chutes, portable machinery, equipment or manual labour.
2
Unless otherwise stated a reference in a regulation to a numbered paragraph is a reference to the paragraph of that number in the regulation.
3
Any reference in these Regulations to any Code, Convention or Merchant Shipping Notice shall include a reference to any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.
4
Any approval given pursuant to these Regulations shall be given in writing and shall specify the date when it is to come into force and the conditions (if any) on which it is given.
5
In interpreting the International Grain Code —
a
the requirements having been made mandatory under regulation 11 the language thereof shall be construed accordingly;
b
the definitions set out in A 2 shall apply;
c
references to the Administration shall, in relation to United Kingdom ships, be references to the Marine Safety Agency; and references to the Contracting Government of the port of loading, in relation to all ships in the United Kingdom, be references to the Secretary of State.
Application
3
1
Subject to paragraph (2) below these Regulations apply to:
i
sea-going United Kingdom ships wherever they may be, and
ii
sea-going non United Kingdom ships while they are within the United Kingdom or the territorial waters thereof,
when loaded or intended to be loaded with any cargo, with the exception of liquids in bulk, gases in bulk, and cargoes which are classified as Dangerous Goods.
2
These Regulations do not apply to offshore supply vessels.
PART II
General Provisions
Cargo information
4
1
The shipper shall (subject to paragraph (4) below) provide to the operator or master appropriate cargo information sufficiently in advance of loading to enable the precautions which may be necessary for proper stowage and safe carriage of the cargo to be put into effect. The cargo information shall include:
a
in the case of general cargo, and cargo carried in cargo units, a general description of the cargo, the gross mass of the cargo or cargo units, and any relevant special properties of the cargo;
b
in the case of bulk cargoes, information on the stowage factor of the cargo, the trimming procedures and, in the case of a concentrate or other cargo which may liquefy, additional information in the form of a certificate indicating the moisture content of the cargo and its transportable moisture limit;
c
in the case of bulk cargoes which are not classified in accordance with Regulation VII /2 of the SOLAS Convention, but have chemical properties that may create a potential hazard, information on its chemical properties in addition to that required by paragraph (1)(b).
2
The information shall be confirmed in writing and by appropriate shipping documents prior to loading the cargo on the ship.
3
In preparing cargo units for carriage by ships, the shipper or, as the case may be, the forwarder shall ensure that the gross mass of such units is in accordance with the gross mass declared on the shipping documents.
4
Where the shipper does not deliver the cargo to the ship or its agent he shall provide the forwarder with such cargo information.
5
If the shipper does not deliver the cargo to the ship or its agent it shall be the duty of the forwarder to provide the operator or master with the appropriate cargo information.
6
If a shipper or forwarder fails to provide appropriate cargo information as required by this regulation, or furnishes cargo information which he knows or ought to have known to be false, he shall be guilty of an offence.
7
If an operator or master accepts for carriage, or takes or receives on board any cargo for which appropriate cargo information as required by this regulation has not been furnished, he shall be guilty of an offence.
Carriage of documentation
5
1
The operator and master of every ship to which these Regulations apply, other than a ship engaged in the carriage of grain, shall ensure that appropriate documentation on cargo stowage and securing is carried on board.
2
Such documentation may consist of one or more of the following Codes of Safe Practice:
a
the Code of Safe Practice for Cargo Stowage and Securing adopted by the Organisation by Resolution A.714(17), 1992 edition;
b
the Code of Safe Practice for Ships Carrying Timber Deck Cargoes adopted by the Organisation by Resolution A.715(17), 1992 edition; and
c
the Code of Safe Practice for Solid Bulk Cargoes (BC Code) adopted by the Organisation by Resolution A.434( XI ), 1991 edition.
3
The operator and master of every ship carrying grain to which these Regulations apply shall ensure that the International Grain Code is carried on board.
4
An operator or master who contravenes paragraphs (1) or (3) shall be guilty of an offence.
Stowage and securing
6
1
The operator and master shall ensure that:
a
cargo and cargo units carried on or under deck are loaded, stowed and secured so as to prevent as far as is practicable, throughout the voyage, damage or hazard to the ship and the persons on board, and loss of cargo overboard;
b
appropriate precautions are taken during loading and transport of heavy cargoes or cargoes with abnormal physical dimensions to ensure that no structural damage to the ship occurs and to maintain adequate stability throughout the voyage; and
c
appropriate precautions are taken during loading and transport of cargo units on board ro-ro ships, especially with regard to the securing arrangements on board such ships and on the cargo units and with regard to the strength of the securing points and lashings.
2
Where packaged goods have been packed in to or on to a cargo unit, the shipper or forwarder of such goods shall ensure that:
a
the cargo is packed and secured so as to prevent, throughout any voyage, damage or hazard to the ship and the persons on board; and
b
if the cargo unit is a container, it is not loaded to more than the maximum gross weight indicated on the Safety Approval Plate attached to the container in accordance with the International Convention for Safe Containers (CSC 1972), published by the Organisation.
3
a
An operator or master who contravenes paragraph (1) shall be guilty of an offence;
b
a shipper or forwarder who contravenes paragraph (2) shall be guilty of an offence.
Oxygen analysis and gas detection equipment
7
1
In the case of a ship transporting or accepting for transport a bulk cargo which is liable to emit a toxic or flammable gas, or cause oxygen depletion in the cargo hold, an appropriate instrument for measuring the concentration of gas or oxygen in the air shall be provided together with detailed instructions for its use. Such an instrument shall be of a type approved by a Certifying Authority, and the crew shall be trained in its use.
2
The operator of a ship which transports, or the master who accepts for carriage, such a bulk cargo without ensuring that paragraph (1) has been complied with shall be guilty of an offence.
The use of pesticides in ships
8
1
Where pesticides are used in cargo spaces, they shall be used in accordance with Merchant Shipping Notice M.1534 (“Recommendations on the Safe Use of Pesticides in Ships”).
2
If paragraph (1) is not complied with the operator and master shall each be guilty of an offence.
PART III
Special Provisions For Bulk Cargoes Other Than Grain
Acceptability for loading
9
1
Prior to loading a bulk cargo the master shall be in possession of approved stability information, as required by the Merchant Shipping (Load Line) Rules 1968 , containing comprehensive information on the ship’s stability and on the distribution of cargo and ballast for the standard loading conditions.
2
The master shall not accept for loading concentrates or other cargoes which may liquefy unless either the moisture content of the cargo indicated in the certificate referred to in regulation 4(1)(b) is less than its transportable moisture limit or appropriate safety arrangements are made to the satisfaction of the Certifying Authority to ensure adequate stability in the case of cargo shifting, and the ship has adequate structural integrity.
3
Prior to loading a bulk cargo referred to in regulation 4(1)(c), appropriate special precautions for its safe carriage shall be taken.
4
The operator shall ensure that the master is furnished with the information referred to in paragraph (1).
5
The master shall not accept cargo for loading unless:
a
he has in his possession the information required by paragraph (1),
b
he is satisfied by calculations that the proposed loading arrangements would not breach the stability information provided under paragraph (1), and
c
he is satisfied that, in the case of a cargo to which paragraph (3) applies, the precautions required by that paragraph have been taken.
6
An operator who contravenes paragraph (4) shall be guilty of an offence.
7
A master who contravenes paragraph (2) or (5) shall be guilty of an offence.
Stowage of bulk cargo
10
1
The master shall ensure that bulk cargoes are loaded and trimmed reasonably level, as necessary, to the boundaries of the cargo space so as to minimize the risk of shifting.
2
When bulk cargoes are carried in 'tween decks, the master shall ensure that the hatchways of such 'tween decks shall be closed in those cases where the loading information indicates an unacceptable level of stress of the bottom structure if the hatchways are left open. The cargo shall be trimmed reasonably level and shall either extend from side to side or be secured by additional longitudinal divisions of sufficient strength. The safe load-carrying capacity of the 'tween decks shall be observed to ensure that the deck-structure is not overloaded.
3
A master who contravenes paragraph (1) or (2) shall be guilty of an offence.
PART IV
Requirements for Cargo Ships Carrying Grain
International Grain Code
11
1
A ship carrying grain shall comply with the requirements of the International Grain Code.
2
Without prejudice to paragraph (1) or any other requirement of these Regulations, the operator and master shall ensure that:
a
a ship loading grain complies with the International Grain Code; and
b
subject to paragraph (4)(b), the ship has on board a document of authorisation as required by the International Grain Code. In the case of a United Kingdom ship the document of authorisation shall be issued by the Certifying Authority.
3
Except when a ship may be in distress, the operator and master shall not permit a ship loaded with grain in bulk outside the United Kingdom to enter any port in the United Kingdom so laden, unless the ship has been loaded in accordance with the International Grain Code.
4
No person shall order the commencement of the loading of grain into a ship in the United Kingdom unless he is satisfied that:
a
the ship has on board a document of authorisation referred to in paragraph (2)(b); or
b
the master has demonstrated to the satisfaction of the Certifying Authority that the ship will, in its proposed loading condition, comply with the appropriate requirements of the International Grain Code and has obtained a document to this effect signed by a surveyor of such a Certifying Authority.
5
An operator or master who contravenes paragraph (2) or (3) shall be guilty of an offence.
6
A person who contravenes paragraph (4) shall be guilty of an offence.
PART V
Enforcement
Power to detain
12
In any case where a ship does not comply with the requirements of these Regulations the ship shall be liable to be detained and section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that as if for the words “this Act”, wherever they appear, there were substituted the words “the Merchant Shipping (Carriage of Cargoes) Regulations 1997”.
Penalties and defences
13
1
A person guilty of an offence under Part II, III or IV of these Regulations shall be liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
2
In any proceedings for an offence under Part II, III or IV of these Regulations it shall be a defence for a person to prove that all reasonable steps had been taken by that person to ensure compliance with the Regulations.
Offences due to the fault of another person
14
Where the commission by any person of an offence under Part II, III or IV of these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence. A person may be charged with and convicted of the offence by virtue of this Regulation whether or not proceedings are taken against the first mentioned person.
Equivalents and exemptions
15
1
Where these Regulations, or information referred to in these Regulations, require that a particular piece of equipment, or type thereof, shall be provided or carried in a ship, or that any particular provision shall be made, the Certifying Authority shall permit any other piece of equipment to be provided or carried, or any other provision to be made in that ship if he is satisfied by trials thereof or otherwise that such other piece of equipment or provision is at least as effective as that required by these Regulations, or information referred to in these Regulations.
2
For the purposes of these Regulations, the results of verification and tests carried out by bodies or laboratories of other member States of the Organisation offering suitable and satisfactory guarantees of technical and professional competence and independence shall be accepted.
3
The Secretary of State may exempt any ship from all or any of the provisions of these Regulations as may be specified in the exemption on such terms (if any) as he may specify and, depending on the circumstances, he may also alter or cancel such an exemption.
Signed by authority of the Secretary of State for Transport
Goschen,
Parliamentary Under Secretary of State,
Department of Transport
6th January 1997


text:
1
These Regulations may be cited as the Race Relations (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1997 and shall come into force on 1st October 1997.
2
1
A person may present a complaint to an industrial tribunal under section 54 of the Race Relations Act 1976, notwithstanding that section 75(9) of that Act would otherwise preclude the presentation of such a complaint, where —
a
he has made a complaint in respect of the same matter to an officer under the service redress procedures; and
b
that complaint has not been withdrawn.
2
For the purposes of paragraph (1)(b) above, a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures, he fails to submit that complaint to the Defence Council under those procedures.
John Reid
Minister of State, Ministry of Defence
29th August 1997


text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Contracts) Regulations 1997 and shall come into force on 30th December 1997.
Interpretation
2
In these Regulations —
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“the auditor”, in relation to a local authority, means the auditor appointed under section 13 of the Local Government Finance Act 1982 to audit the accounts of the authority in accordance with Part III of that Act; and
“certificate” means a certificate issued by a local authority in satisfying the certification requirements in relation to a contract.
Copies of certificates — all local authorities
3
A local authority shall ensure that a copy of every certificate issued by it is given to each of the persons with whom the authority has entered, or is to enter, into the contract in relation to which the certificate is issued.
Copies of certificates — authorities with a monitoring officer
4
A local authority which is under the duty imposed by section 5(1) of the 1989 Act to designate one of its officers as the monitoring officer shall ensure that a copy of every certificate issued by it is given to the officer designated by it under that section and to the auditor.
Copies of certificates — other authorities
5
1
Each of the following authorities shall ensure that a copy of every certificate issued by it is given to the auditor —
a
the Broads Authority;
b
the London Pensions Fund Authority ;
c
the South Yorkshire Pensions Authority;
d
the Lee Valley Regional Park Authority ;
e
the Residuary Body for Wales or Corff Gweddilliol Cymru ; and
f
a probation committee, except the inner London probation committee.
2
The inner London probation committee shall ensure that a copy of every certificate issued by it is given to the Receiver for the Metropolitan Police District and the Comptroller and Auditor General.
3
The Receiver for the Metropolitan Police District shall ensure that a copy of every certificate issued by him is given to the Comptroller and Auditor General.
Matters to be dealt with in a manner prescribed by regulations
6
1
Where, in relation to a contract, a local authority on which there is conferred the power in section 111 of the Local Government Act 1972 (subsidiary powers of local authorities) —
a
states in a certificate that it had or has power to enter into the contract, and
b
specifies that the statutory provision, or one of the statutory provisions, conferring the power is section 111 of the Local Government Act 1972,
the authority shall specify in the certificate each statutory provision conferring a relevant function, or, where there are two or more relevant functions, the statutory provisions conferring the main relevant functions.
2
For the purposes of this regulation, in relation to a contract, a function is a relevant function if the contract is calculated to facilitate, or is conducive or incidental to, the discharge of the function.
Signature of certificates — authorities with a chief finance officer
7
1
In this regulation —
“chief finance officer” means an officer of a local authority who, for the purposes of section 151 of the Local Government Act 1972, section 73 of the Local Government Act 1985 , section 112 of the Local Government Finance Act 1988 or section 6 of the 1989 Act, has responsibility for the administration of the authority’s financial affairs; and
“relevant authority” means a local authority which is required by any of those enactments to have a chief finance officer (that is every local authority other than an authority mentioned in regulation 8).
2
A relevant authority which is under the duty imposed by section 4(1) of the 1989 Act to designate one of its officers as the head of its paid service shall ensure that a certificate issued by it is signed by one of the following officers of the authority —
a
one of the statutory chief officers within the meaning given to that expression in section 2(6) of the 1989 Act ;
b
a non-statutory chief officer within the meaning given to that expression in section 2(7) of the 1989 Act; or
c
a deputy chief officer within the meaning given to that expression in section 2(8) of the 1989 Act.
3
A relevant authority which is not under a duty to designate one of its officers under section 4(1) of the 1989 Act shall ensure that a certificate issued by it is signed by the chief finance officer of the authority, or a person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to the chief finance officer.
Signature of certificates — other authorities
8
1
The Broads Authority shall ensure that every certificate issued by it is signed by the chairman, vice-chairman or chief officer of the authority.
2
The Lee Valley Regional Park Authority shall ensure that every certificate issued by it is signed by the chairman or vice-chairman of the authority.
3
The Residuary Body for Wales or Corff Gweddilliol Cymru shall ensure that every certificate issued by it is signed by its chairman.
4
A probation committee, except the inner London probation committee, shall ensure that every certificate issued by it is signed by the secretary to the committee, by the treasurer of the committee or by the Chief Probation Officer appointed by the committee.
5
The inner London probation committee shall ensure that every certificate issued by it is signed —
a
by the secretary to the committee;
b
by the Receiver for the Metropolitan Police District or a person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to him; or
c
by the Chief Probation Officer appointed by the committee.
6
The Receiver for the Metropolitan Police District shall ensure that every certificate issued by him is signed by him or by a person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to him.
Signed by authority of the Secretary of State for the Environment
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
1st December 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
2nd December 1997


text:
1
This Order may be cited as the Finance Act 1997 (Repeal of Distress and Diligence enactments) (Appointed Day) Order 1997.
2
The day appointed as the day on which paragraph 13(1) of Schedule 1 to the Finance Act 1997 ceases to have effect and the repeals of the enactments specified in Part V(2) of Schedule 18 to that Act come into force, is 1st July 1997.
E. Woods
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
9th June 1997


text:
Citation
1
This Order may be cited as the Finance Act 1997, section 7(10), (Appointed Day) Order 1997.
Commencement
2
The day appointed as the day on which section 7 of the Finance Act 1997 comes into force is 15th August 1997.
New King’s Beam House 22 Upper Ground London SE1 9PJ
D. J. Howard
Commissioner of Customs and Excise
6th August 1997


text:
Citation and commencement
1
1
These Regulations may be cited as the Criminal Justice Act 1987 (Notice of Transfer) (Amendment) Regulations 1997 and shall, subject to paragraphs (2) and (3) below, come into force on 1st April 1997.
2
Paragraphs (a)(ii) and (b)(i) of regulation 2 below shall have effect in the same way as section 65 of the Criminal Procedure and Investigations Act 1996 (abolition of witness orders) has effect.
3
Paragraph (b)(ii) of regulation 2 below shall apply in relation to any alleged offences in relation to which section 74 of that Act (alibi) applies.
Amendment of 1988 Regulations
2
The Criminal Justice Act 1987 (Notice of Transfer) Regulations 1988 shall be amended as follows —
a
in Form 1 in the Schedule —
i
paragraph 4(b) for the words “seriousness and complexity” there shall be substituted the words “seriousness or complexity”;
ii
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 —
i
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.
ii
paragraph 8 shall be omitted.
Her Majesty’s Attorney General
11th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Jobseeker’s Allowance (Amendment) Regulations 1997 and shall come into force on 13th March 1997.
Interpretation of section 19 of the Jobseekers Act 1995 and Part V of the Jobseeker’s Allowance Regulations 1996
2
1
Regulation 75 of the Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1)(a)(iii), the word “and” shall be deleted where it occurs on the second occasion.
3
After paragraph (1)(a)(iii) there shall be inserted the following head —
iiia
Jobfinder, being a programme of up to 7 interviews to give advaice, support and guidance in jobsearch and with emphasis on obtaining employment as soon as possible; and
.
Signed by authority of the Secretary of State for Education and Employment.
Eric Forth
Minister of State,
Department for Education and Employment
14th February 1997


text:
Title and commencement
1
These Regulations may be cited as the Animal By-Products (Identification) (Amendment) Regulations 1997 and shall come into force on 21st September 1997.
Amendment to the Animal By-Products (Identification) Regulations 1995
2
1
The Animal By-Products (Identification) Regulations 1995 shall be amended in accordance with paragraph (2) below.
2
In regulation 3 —
a
in paragraph (1), after the words “paragraph (2)” there shall be inserted the words “and paragraph (3)”; and
b
after paragraph (2) there shall be added the following paragraph —
3
In these Regulations, the definition of “animal by-product” shall also include any carcase or part of a carcase which is derived from a bovine animal which has been slaughtered for human consumption and has been shown to be more than two years and six months old at the time of slaughter but was not accompanied, at the time of slaughter, by a slaughter certificate issued under the Beef Assurance Scheme or any other scheme made by the Minister or any Secretary of State which provides an exception to the prohibition of sale of meat from bovine animals which are older than that age at slaughter.
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
19th August 1997
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
21st August 1997
Signed by authority of the Secretary of State for Scotland
Sewel
Parliamentary Under Secretary of State, Scottish Office
21st August 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
27th August 1997


text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Oil Pollution) (Turks and Caicos Islands) Order 1997 and shall come into force on 30th November 1997.
Implementation of the Liability and Fund Conventions
2
Sections 152 to 170 and 172 to 181 of, and Part I of Schedule 5 to, the Merchant Shipping Act 1995, subject to the exceptions, adaptations and modifications specified in the Schedule to this Order, shall extend to the Turks and Caicos Islands, and any instrument made, or to be made, under section 152(2), 157(2), 157(4), 172(2) or 176(5) shall also extend to the Islands.
Interpretation
3
In this Order —
a
“the Islands” means the Turks and Caicos Islands, and
b
“the Minister” means the Minister responsible for transport.
Revocations
4
The following Orders are hereby revoked —
a
The Merchant Shipping (Oil Pollution) (Turks and Caicos Islands) Order 1976 ;
b
The Merchant Shipping (Oil Pollution) (Turks and Caicos Islands) (Amendment) Order 1981 .
N. H. Nicholls
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Combined Probation Areas (Lincolnshire) Order 1997.
2
This Order shall come into force on 1st April 1997 save that for the purpose of making appointments to the probation committee for the Lincolnshire Probation Area to take effect on that date, this Order shall come into force forthwith.
2
For that part of Schedule 2 to the Combined Probation Areas Order 1986 that relates to the Lincolnshire Probation Area there shall be substituted the following:
(1) (2) (3) Petty Sessions Area Probation Area Number of Justices on Probation Committee
Elloes Lincolnshire 1 Bourne/Stamford 1 Grantham 1 Sleaford 1 Spilsby/Skegness 1 Wolds 1 Boston 1 Lincoln District 2 Gainsborough 1 Caistor 1 Market Rasen 1
Blatch
Minister of State
Home Office
11th March 1997


text:
1
This Order may be cited as the Merchant Shipping (Liability and Compensation for Oil Pollution Damage) (Transitional Provisions) (Revocation) Order 1997, and shall come into force on 16th May 1998.
2
The Merchant Shipping (Liability and Compensation for Oil Pollution Damage) (Transitional Provisions) Order 1996 is hereby revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Public Telecommunication System Designation (Telewest Communications (Southport) Limited) Order 1997 and shall come into force on 7th March 1997.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Ian Taylor,
Parliamentary Under Secretary of State for Science and Technology,
Department of Trade and Industry
5th February 1997


text:
Citation, interpretation and appointed days
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 1995 (Commencement No. 10) Order 1997.
2
In this Order —
“the 1993 Act” means the Pension Schemes Act 1993 ;
“the 1995 Act” means the Pensions Act 1995;
“the Authority” means the Occupational Pensions Regulatory Authority ; and
“the Board” means the Occupational Pensions Board .
Appointed days
2
1
For the purposes of making regulations relating to the compensation provisions the day appointed for the coming into force of section 81(7) of the 1995 Act is the day on which this Order is made.
2
The day appointed for the coming into force of the provisions specified in Part I of the Schedule to this Order, insofar as they are not already in force, is 1st April 1997.
3
The day appointed for the coming into force of the provisions specified in Part II of the Schedule to this Order, insofar as they are not already in force, is 6th April 1997.
Transitional adaptations, modifications and savings
Revaluation of earnings factors: early leavers
3
Section 16(3) of the 1993 Act (revaluation of earnings factors: early leavers) shall continue to have effect as if this Order had not come into force in relation to an earner whose service in contracted-out employment in relation to the scheme in question has terminated before the principal appointed day .
Termination of contracted-out or appropriate scheme status and state scheme premiums
4
1
Any function of the Board under section 50 of the 1993 Act (powers of Board to approve arrangements for scheme ceasing to be certified) which fell to be exercised before the principal appointed day but has not been exercised may be exercised by the Secretary of State and, for the purposes of determining the date on which any state scheme premium has become payable, any certificate issued under subsection (2) of that section shall be taken to have had effect from the date specified by the Secretary of State.
2
Sections 55 to 68, 170(1) and 171(1) of the 1993 Act (state scheme premiums) shall continue to have effect as if this Order had not come into force in relation to any state scheme premium which has been paid before the principal appointed day or is payable immediately before that day, and nothing in this Order shall affect the operation of any other provision of the 1993 Act or any provision of any other Act in relation to any such premium.
3
Any function of the Board in relation to state scheme premiums under the provisions referred to in paragraph (2) falling to be exercised after the principal appointed day shall be exercised by the Secretary of State.
Transfer Values — extensions granted by the Board
5
Section 99 of the 1993 Act (trustees' duties after exercise of option under section 95) shall have effect in relation to any extension granted or refused by the Board under subsection (4) of that section before the principal appointed day as though it had been granted or refused by the Authority.
Payments to employers
6
For the purposes of —
a
any payment to the employer out of funds held for the purposes of a scheme where an application to modify the scheme rules for the purposes of making that payment has been made in accordance with the Occupational Pension Schemes (Modification) Regulations 1990 before the principal appointed day; or
b
any distribution of excess assets to the employer in relation to a scheme which begins to be wound up before the principal appointed day,
section 108 of the 1993 Act (no payments to employers from non-complying schemes) shall continue to have effect as if this Order had not come into force.
Actuarial statements pending the first minimum funding requirement valuation
7
Section 114 of the 1993 Act and regulations 8 and 9 of the Occupational Pension Schemes (Disclosure of Information) Regulations 1986 shall, in so far as they relate to the actuarial statement, remain in force in respect of a scheme to which section 56 of the 1995 Act applies until such time as the trustees or managers of the scheme are required by regulation 30 of the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996 to obtain the first valuation.
Preservation — determinations of the Board
8
Where, before the principal appointed day, the Board has determined in accordance with section 134 of the 1993 Act that any provision of Chapter I of Part IV of the 1993 Act (the preservation requirements) shall not apply to a scheme, that determination shall continue to have effect as if this Order had not come into force until there is an alteration to the rules of the scheme relating to any requirement imposed by that provision.
Modification of schemes
9
Nothing in this Order shall affect the operation of sections 136 to 140 of the 1993 Act (application to modify schemes other than public service schemes) in relation to an application made to the Board before the principal appointed day, and any functions of the Board exercisable after the principal appointed day under those sections as saved by this article shall be exercised by the Authority.
Minimum payments and minimum contributions payable before the principal appointed day
10
Notwithstanding section 140(3) of the 1995 Act, section 48 of the 1993 Act shall remain in force in respect of minimum payments and minimum contributions paid or payable before the principal appointed day.
Winding up
11
1
Sections 73 and 74 of the 1995 Act (preferential liabilities on winding up and discharge of liabilities by insurance, etc.) do not apply to any scheme which has begun to be wound up before the principal appointed day; and for the purposes of this paragraph the time when a scheme begins to be wound up shall be determined in accordance with regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations 1996 .
2
At the end of paragraph 31 of Schedule 5 to the 1995 Act insert the words “and for the purposes of this paragraph the time when a scheme begins to be wound up shall be determined in accordance with regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations 1996”.
3
Section 144 of the 1993 Act (which is repealed by the 1995 Act, Schedule 7, Part I) shall remain in force as regards schemes that began to wind up before 19th December 1996 and in respect of debts which arose at any applicable time before 6th April 1997.
Schedules of payments to money purchase schemes
12
1
The trustees or managers of an occupational pension scheme to which section 87 of the 1995 Act (schedules of payments to money purchase schemes) applies, shall not be obliged to secure the preparation, maintenance or revision of a payment schedule in respect of any period before the beginning of the first scheme year which begins on or after 6th April 1997.
2
In paragraph (1) above “scheme year” has the same meaning as in the Occupational Pension Schemes (Scheme Administration) Regulations 1996 .
The National Insurance (Non-participation-Certificates) Regulation 1959 — functions of the Board
13
Any function of the Board under the National Insurance (Non-participation-Certificates) Regulations 1959 falling to be exercised on or after the principal appointed day, or which fell to be exercised before that day but which has not been exercised may be exercised by the Secretary of State.
Property, rights and liabilities of the Board
14
All property, rights and liabilities to which the Board is entitled or subject immediately before the principal appointed day shall become the property, rights and liabilities of the Secretary of State.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
6th March 1997


text:
Citation, extent, commencement and interpretation
1
1
These Regulations may be cited as the Register of Occupational and Personal Pension Schemes Regulations 1997.
2
Regulations 2, 3, 4(2), 6(1), (3) to (8), 8 and 9, and this regulation, in so far as it applies to those regulations, extend to Northern Ireland.
3
These Regulations shall come into force on 1st April 1997.
4
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993;
“the 1988 Act ” means the Income and Corporation Taxes Act 1988 ;
“address of the scheme” means the place in the United Kingdom, or if more than one, the principal place, at which the management of the scheme is conducted;
“closed scheme” means a registrable scheme to which no new members may be admitted, but to which contributions are or may be payable by or in respect of, and under which benefits accrue to, existing members;
“frozen scheme” means a registrable scheme under which benefits continue to be payable to existing members and to which —
no new members may be admitted;
no further contributions are payable by or in respect of existing members; and
no further benefits accrue to existing members although benefits which have already accrued to them may be increased;
“member” means —
in relation to an occupational pension scheme, any person who —
is in pensionable service under the scheme,
has rights under the scheme by virtue of his pensionable service under the scheme, or
has rights under the scheme by virtue of having been allowed transfer credits under the scheme;
in relation to a personal pension scheme or a scheme treated as such, a member of the scheme;
other than a member in respect of whom entitlement under the scheme is only for benefits payable on his death;
“open scheme” means a registrable scheme which has members who are in pensionable service under the scheme and to which new members may be admitted;
“register” means the register of occupational and personal pension schemes compiled and maintained under regulation 3;
“registrable scheme” means an occupational or personal pension scheme —
which either —
is established in the United Kingdom, or
has a place at which its management is conducted in the United Kingdom and has a representative appointed to carry out the functions of a trustee in the United Kingdom; and
which either —
is a scheme in respect of which a person has applied for, or received, the approval of the Board of Inland Revenue for the purposes of section 590 or section 591 (other than subsection (2)(g)) of the 1988 Act (conditions for approval of retirement benefit schemes and discretionary approval), or for the purposes of Chapter IV of Part XIV of that Act (personal pension schemes), or
is a scheme which is a public service pension scheme; and
which —
has more than one member, and
provides benefits which are not solely payable on the death of a member;
and for the purposes of these Regulations, an occupational pension scheme which is a retirement benefits scheme approved under section 591(2)(h) (discretionary approval) of the 1988 Act shall be treated as a personal pension scheme;
“ Registrar ” means the Registrar of Occupational and Personal Pension Schemes appointed under regulation 2;
“the 1990 Regulations ” means the Register of Occupational and Personal Pension Schemes Regulations 1990 ;
“ Regulatory Authority ” means the Occupational Pensions Regulatory Authority ;
“scheme administrator” means the person in the United Kingdom having the management of the scheme;
“scheme year” in relation to a registrable scheme means —
a year specified for the purposes of the scheme in any document comprising the scheme or, if none, a period of 12 months commencing on 1st April or on such other date as the trustees select; or
such other period (if any) exceeding 6 months but not exceeding 18 months as is selected by the trustees —
in connection with the commencement or termination of the scheme, or
in connection with a variation of the date on which the year or period referred to in paragraph (a) is to commence;
“total membership” means the number of members —
on the day on which the scheme becomes a registrable scheme, then
at the end of the second scheme year, then
at the end of each subsequent scheme year;
“trustees”, in the case of a scheme which is not set up under a trust, means the managers of the scheme, except in relation to a scheme established outside the United Kingdom, and in such a case “trustees” means the person treated by the Commissioners of Inland Revenue for the time being as administrator of the scheme for the purposes of Chapter I or Chapter IV of Part XIV of the 1988 Act;
The Registrar of Occupational and Personal Pension Schemes
2
1
There shall continue to be a Registrar of Occupational and Personal Pension Schemes.
2
The Regulatory Authority shall be the Registrar.
3
The Registrar may appoint an agent to perform any function of the Registrar.
The register
3
1
The Registrar shall continue to compile and maintain the register established under the 1990 Regulations.
2
The register shall contain the following information in so far as it is applicable to the scheme —
a
the name and address of the scheme;
b
the names of the trustees of the scheme;
c
the address to which communications for the attention of the trustees are to be directed if other than that specified in sub-paragraph (a);
d
the name of the scheme administrator;
e
whether the scheme is an open, closed or frozen scheme;
f
the name (and, if there has been a change of name, the previous name) and address of every employer of earners in employment to which the scheme relates or has at any time since 6th April 1975 related;
g
the total membership;
h
whether the scheme provides —
i
money purchase benefits,
ii
benefits other than money purchase benefits, or
iii
a combination of the benefits specified under heads (i) and (ii),
and for the purposes of this regulation, benefits derived from transfer credits, or from a member’s voluntary contributions, or which are payable on a member’s death shall be disregarded;
i
whether scheme benefits, or any of them, are secured by a contract of insurance or annuity contract, and if so, the name and address of the insurer with which the benefits are secured;
j
the date the scheme became registrable; and
k
any reference number assigned to the scheme by the Board of Inland Revenue.
3
The register may also contain a compilation of statistical data derived from information held on the register.
Information required in respect of a registrable scheme
4
1
It is the duty of the trustees of a registrable scheme to provide the Registrar —
a
within 3 months of the date upon which the scheme becomes a registrable scheme, where that date is on or after the date of the coming into force of these Regulations, with the information specified in regulation 3(2); and
b
within 3 months of the receipt of a written notice issued by the Registrar on or after the date of the coming into force of these Regulations, with such information incidental to that specified in regulation 3(2) as the Registrar may reasonably require for the purposes of the register.
2
Where the Registrar has received all or a part of the information required by paragraph (1)(a), and by the corresponding Northern Ireland legislation, from the trustees of a registrable scheme, the Registrar shall make an entry relating to that scheme in the register.
Notification of changes
5
1
Except in relation to the information specified in regulation 3(2)(g), it is the duty of the trustees of a registrable scheme to notify the Registrar —
a
of any change in the information provided to the Registrar under regulation 4(1), or which is treated as so provided by virtue of regulation 8(1); and
b
of the date of any change such as is referred to in paragraph (a),
within 12 months of the occurrence of that change, or of the date of the coming into force of these Regulations, whichever is the later.
2
The trustees of a registrable scheme must notify the Registrar of any change in the total membership within twelve months of the change.
Availability of information held on the register
6
1
The Registrar shall, on receipt of a written request containing sufficient information to enable the Registrar to identify the scheme in question, supply a copy of an extract from the register relating to a registrable scheme to —
a
any person who is, or may be, or may become entitled to benefit under the scheme or any person acting on behalf of such a person;
b
the Pensions Ombudsman appointed under section 145 of the 1993 Act ;
c
the Official Receiver or insolvency practitioner where section 22 of the Pensions Act 1995 applies;
d
the Official Receiver for Northern Ireland or insolvency practitioner where Article 22 of the Pensions (Northern Ireland) Order 1995 applies.
2
The Registrar shall make available to the Pensions Compensation Board , and to the Regulatory Authority in connection with its functions other than under these Regulations, the information received under regulation 4(1) and 5.
3
The trustees of a registrable scheme shall be entitled, on the first written request by them in any period of 12 months, to a copy of the information held on the register relating to that scheme.
4
The Registrar shall on receipt of a written request supply to any person, other than a person the Registrar believes to have failed previously to comply with the condition imposed under paragraph (5), a copy of the information held on the register, or any part of it, except the information specified under paragraphs (b), (d) and (f) of regulation 3(2), subject to that person’s furnishing his written agreement to the condition specified in paragraph (5).
5
Where information, other than that specified in regulation 3(3), is supplied to a person pursuant to paragraph (4), that person shall not use or permit the use of the information, or any part of it, for the purposes of marketing a product or service.
6
Paragraph (5) shall not apply to a copy of any information which is treated as being supplied pursuant to paragraph (4) by virtue of regulation 8(1).
7
Information supplied under this regulation shall be made available in such form as the Registrar may in its discretion determine.
8
There shall be payable in connection with the supply of information under paragraph (4), a sum to defray the cost attributable to its production and, where applicable, packaging and postage.
Offences and penalties
7
1
Where any person, without reasonable cause, fails to comply with the condition specified in regulation 4(1), 5, 8(2) or (3) he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Where any person, without reasonable cause, fails to comply with any requirement imposed under regulation 6(5) the Regulatory Authority may require that person to pay within 28 days a penalty which shall —
a
in the case of an individual, not exceed £1,000; and
b
in any other case, not exceed £10,000.
Transitional provisions
8
1
Subject to any specific transitional provision or to any express provision to the contrary, anything done under, or for the purposes of the 1990 Regulations has effect as if done under or for the purposes of the corresponding provision of these Regulations.
2
Where the trustees of a scheme which became a registrable scheme before 1st April 1997 have not provided the Registrar with the information specified in regulation 3(2) of the 1990 Regulations before that date, it is the duty of the trustees to provide the Registrar with the information specified in paragraphs (a) to (f) and (i) of those Regulations by 30th June 1997.
3
Where a scheme became a registrable scheme before 1st April 1997, it is the duty of the trustees to provide the Registrar with the information specified in paragraphs (c) and (g) to (j) of regulation 3(2) of these Regulations by 30th June 1997.
Revocations
9
The Regulations listed in column 2 of the Schedule to these Regulations are revoked to the extent specified in column 3 of the Schedule.
Signed by authority of the Secretary of State for Social Security
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
18th February 1997


text:
1
1
These Regulations may be cited as the Antarctic (Guernsey) Regulations 1997.
2
These Regulations shall come into force on the day of their registration in the Royal Court of Guernsey.
2
The provisions of the Antarctic Regulations 1995 shall, subject to the modifications specified in the Schedule to these Regulations, have effect in the Bailiwick of Guernsey and shall form part of the law of the Bailiwick of Guernsey.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
10th December 1997


text:
Citation, commencement and interpretation
1
1
These Regulations, which may be cited as the Housing Benefit (Recovery of Overpayments) Regulations 1997, shall come into force on 3rd November 1997, immediately following the coming into force of the Housing Benefit and Council Tax Benefit (General) Amendment ( No. 2) Regulations 1997 .
2
In these Regulations, unless the context otherwise requires —
a
“ the Act ” means the Social Security Administration Act 1992;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
and other expressions used in these Regulations and in the Housing Benefit Regulations shall have the same meanings in these Regulations as in the Housing Benefit Regulations; and
b
a reference to a numbered regulation is to the regulation in these Regulations bearing that number and a reference in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation.
Prescribed benefits
2
1
The benefits prescribed for the purposes of section 75(5) and (7) of the Act (recovery of overpayments) are those set out in the following paragraphs.
2
Prescribed benefits within section 75(5)(a) of the Act (benefits to which a landlord or agent is entitled) are —
a
housing benefit; and
b
those benefits prescribed from time to time in regulation 105(1) of the Housing Benefit Regulations (recovery of overpayments from prescribed benefits) , but only in cases where —
i
an authority has, pursuant to regulation 102 of the Housing Benefit Regulations (method of recovery of overpayments), requested the Secretary of State to recover an overpayment of housing benefit from such benefits; and
ii
the Secretary of State is satisfied as to the matters prescribed in paragraph (3)(a) and (b) of regulation 105 of the Housing Benefit Regulations.
3
Housing benefit is prescribed for the purposes of section 75(5)(b) or (c) of the Act (benefits paid to a landlord or agent to discharge an obligation owed by another person).
4
Prescribed benefits within section 75(7) of the Act (benefits recoverable from the county court or by the sheriff court) are housing benefit and those benefits prescribed from time to time in regulation 105(1) of the Housing Benefit Regulations.
Restriction on recovery of rent and consequent notifications
3
1
Where, pursuant to section 75(5)(b) of the Act, an amount has been recovered by deduction from housing benefit paid to a person (referred to as “the landlord” in this regulation) to discharge (in whole or in part) an obligation owed to him by the person on whose behalf the recoverable amount was paid (referred to as “the tenant” in this regulation) that obligation shall, in a case to which paragraph (2) applies, be taken to be discharged by the amount of the deduction.
2
This paragraph applies in a case where the amount recovered from the landlord relates to an overpayment of housing benefit in relation to which the landlord has —
a
agreed to pay a penalty pursuant to section 115A(4) of the Act (penalty as an alternative to prosecution) ; or
b
been convicted of an offence arising under the Act or any other enactment.
3
In any case to which paragraph (2) applies the authority that has determined that there is an overpayment and that it is recoverable from the landlord shall notify both the landlord and the tenant that —
a
the overpayment that it has recovered or that it has determined to recover (“that sum”) was one to which paragraph (2) applies; and
b
the landlord has no right in relation to that sum against the tenant, and that his obligation to the landlord shall be taken to be discharged by the amount so recovered.
Amendment of Schedule 6 to the Housing Benefit Regulations
4
1
Schedule 6 to the Housing Benefit Regulations (matters in the notice of determination) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 11 of Part IV of Schedule 6 (awards where direct payments made to landlords), after sub-paragraph (b) , there shall be inserted a new sub-paragraph (c) —
c
informing both landlords and claimants that where a payment of housing benefit is recoverable from a landlord and the recovery is made from housing benefit payable to the landlord to discharge (in whole or in part) an obligation owed to him by a claimant, then, in a case where that claimant is not the person on whose behalf the recoverable amount was paid, that obligation shall nonetheless be taken to be discharged by the amount so recovered.
3
In paragraph 11A of Part IV of Schedule 6 for the words “In this Part” there shall be substituted the words “In this Schedule,”.
4
Paragraph 14 of Part VII of the Schedule (notice where recoverable overpayment) shall be renumbered as sub-paragraph (1) of paragraph 14 and, after that sub-paragraph, there shall be inserted a new sub-paragraph (2) —
2
In a case where it is —
a
determined that there is a recoverable overpayment;
b
determined that that overpayment is recoverable from a landlord; and
c
decided that recovery of that overpayment is to be made by deduction from a rent allowance paid to that landlord to discharge (in whole or in part) an obligation owed to him by a claimant (“claimant A”), not being the claimant on whose behalf the recoverable amount was paid,
the notice of determination to that landlord shall identify both —
i
the person on whose behalf the recoverable amount was paid to that landlord; and
ii
the claimant.
.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,Department of Social Security
8th October 1997


text:
1
These Regulations may be cited as the Motor Vehicles (Designation of Approval Marks) (Amendment) Regulations 1997 and shall come into force on 21st February 1997.
2
The Motor Vehicles (Designation of Approval Marks) Regulations 1979 shall be further amended in accordance with the following provisions of these Regulations.
3
In Schedule 2 —
a
after item 36A there shall be inserted items 36B and 36C as set out in Schedule 1 to these Regulations;
b
after item 44B there shall be inserted item 44C as set out in Schedule 1 to these Regulations; and
c
after item 50A there shall be inserted items 51 and 51A as set out in Schedule 1 to these Regulations.
4
In Schedule 3 —
a
after paragraph 2 there shall be inserted the following paragraph —
2A
The number shown outside and on the right of the circle in any such marking will be varied, where appropriate, so as to be the number assigned by the competent authority of a Contracting State to each type approved. The said number will be close to and outside the circle in such a position relative thereto as may be authorised by the relevant ECE Regulation, so however that it shall be read in the same direction as the number inside the circle.;
b
for paragraph 7 there shall be substituted the following paragraph —
7
The Roman numeral shown outside and on the right of the circle in the markings relating to items No. 36, 36A, 36B and 36C in Schedule 2 will be varied, where appropriate, in cases where the vehicle to which a marking relates was placed in a class other than Class II when it was approved in accordance with the requirements of the ECE Regulation specified in column (5) of Schedule 2 in relation to that marking.
;
c
in paragraph 17 —
i
the word “and” at the end of sub-paragraph (2) shall be omitted;
ii
in sub-paragraph (3)(a), after “0-25 kilogrammes,” there shall be inserted “0-36 kilogrammes,”; and
iii
at the end of sub-paragraph (3) there shall be inserted —
; and
4
the symbol “Y” shall form part of the marking prescribed at item 44B if the child restraint contains a crotch strap in conformity with the requirements of the ECE Regulation specified in column (5) of Schedule 2 in relation to that marking
; and
d
after paragraph 17 there shall be inserted the following paragraph —
17A
In relation to the marking prescribed at item No. 44C in Schedule 2 —
1
the approval number and any additional symbol outside the marking in relation to this item must be placed close to the circle, and either above or below the “E” or to the left or right of it, the digits of the approval number must be on the same side of the “E” and orientated in the same direction, and any additional symbol must be diatmetrically opposite the approval number;
2
the words “universal”, “restricted”, “semi-universal” or “vehicle specific” shall form part of the marking depending on the category of child restraint as defined in the ECE Regulation specified in column (5) of Schedule 2 in relation to that marking;
3
the figures “9-36” following the word “universal” or, as the case may be, “restricted”, “semi-universal” or “vehicle specific”, shall be varied so as to show the weight group for which the child restraint is manufactured being —
0-10 kilogrammes,
0-13 kilogrammes,
0-18 kilogrammes,
0-25 kilogrammes,
0-36 kilogrammes,
9-18 kilogrammes,
15-25 kilogrammes,
22-36 kilogrammes,
9-25 kilogrammes, or
15-36 kilogrammes;
4
the symbol “S” shall form part of the marking if the child restraint is designed for children who have special needs as a result of either a physical or mental handicap; and
5
the symbol “Y” shall form part of the marking if the child restraint contains a crotch strap in conformity with the requirements of the ECE Regulation specified in column (5) of Schedule 2 in relation to that marking.
.
5
In Schedule 4 after item 33 there shall be added items 34, 35, 36 and 37 as set out in Schedule 2 to these Regulations.
6
In Schedule 5 after paragraph 15 there shall be added the following paragraphs —
16
In relation to the marking prescribed at item No. 34 in Schedule 4 —
a
the symbol , indicating that the burning rate of the material has been determined for both the horizontal and the vertical directions, shall be varied, where appropriate, to either of the symbols or to indicate respectively that the burning rate has been determined for either the horizontal or vertical direction;
b
the symbol shall only form part of the marking if the component has been approved according to its melting behaviour;
c
the symbol shall only form part of the marking if the component has been approved as a complete device;
d
the last four digits of the number below the rectangle shall be varied so as to be the number of the approval document issued for the motor vehicle part concerned; and
e
the symbols referred to in sub-paragraphs (a), (b) and (c) above and the number referred to in sub-paragraph (d) shall be placed in the vicinity of the rectangle.
17
In relation to the marking prescribed at item No 35 in Schedule 4 —
a
the symbol “AI”, indicating that the component or the separate technical unit is a combination of both a vehicle alarm system and an immobilizer, shall be varied, where appropriate, to either of the symbols “A” or “I” to indicate respectively that the component or separate technical unit is either a vehicle alarm system or an immobilizer;
b
the last four digits of the number to the right of the rectangle shall be varied so as to be the number of the approval document issued for the motor vehicle part concerned; and
c
the combination of any symbol referred to in sub-paragraph (a) above and the number referred to in sub-paragraph (b) shall be placed in the vicinity of the rectangle.
18
The number shown outside and below the rectangle shall be in the vicinity of the rectangle and its last four digits shall be varied so as to be the number of the approval document issued for the motor vehicle part concerned.
.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
15th January 1997


text:
Citation and commencement
1
This Order may be cited as the Aviation Security (Guernsey) Order 1997 and shall come into force on 17th January 1998.
Extension and revocation
2
1
The provisions of the Aviation Security Act 1982 which are listed in Part I of Schedule 1 to this Order shall extend to the Bailiwick of Guernsey with the exceptions, adaptations and modifications specified in Part II of that Schedule.
2
Sections 1 and 50 of the Aviation and Maritime Security Act 1990 shall extend to the Bailiwick of Guernsey with the exceptions, adaptations and modifications specified in Schedule 2 to this Order.
3
The Orders specified in Schedule 3 to this Order are hereby revoked to the extent that they relate to the extension to the Bailiwick of Guernsey of any enactment which is repealed by and re-enacted in the Aviation Security Act 1982.
Interpretation
3
In Schedule 1 to this Order, “Guernsey” means the Bailiwick of Guernsey.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Public Telecommunication System Designation (Eurobell (Holdings) PLC) Order 1997 and shall come into force on 26th December 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
26th November 1997


text:
1
The instrument may be cited as “The County Council of The Royal Country of Berkshire A329(M) Special Road Variation Scheme 1996 Confirmation Instrument 1997” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The County Council of the Royal County of Berkshire A329(M) Special Road Variation Scheme 1996 is hereby confirmed with modifications.
3
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan as modified are deposited at the offices of the Department of Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR, and at the offices of the County Council of the Royal County of Berkshire, Shire Hall, Shinfield Park, Reading, Berkshire RG2 9DU.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Government Office for the North East
7th April 1997


text:
Citation and Commencement
1
1
This Order may be cited as the Lerwick Harbour Revision Order 1997 and shall come into force on 17th June 1997.
2
The Lerwick Harbour Acts and Orders 1877 to 1994 and this Order may be cited together as the Lerwick Harbour Acts and Orders 1877 to 1997 (hereinafter referred to as “the Harbour Acts and Orders”).
Interpretation
2
1
In this Order —
“deposited plans” and “deposited sections” mean respectively the plans and sections contained in one document prepared in duplicate, signed by the Head of Ports Division in the Department of Transport and marked “Plans and sections referred to in Article 2 of the Lerwick Harbour Revision Order 1997” of which one is deposited at the offices of the Department of Transport and one at the principal office of the Trustees;
“harbour” means the port and harbour of Lerwick as defined by the Harbour Acts and Orders and shall include the works authorised by this Order;
“level of high water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plans;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“the Trustees” means the Trustees of the harbour for the time being acting under the Harbour Acts and Orders;
“undertaking” means the undertaking of the Trustees as for the time being authorised;
“works” means the works authorised by this Order or, as the case may require, any part thereof.
2
All distances and lengths stated in any plan or description of the works, powers or lands shall be construed as if the words “or thereby” were inserted after each such distance and length.
Power to construct works
3
1
Subject to the provisions of this Order, the Trustees may in the Shetland Islands Area in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plans and sections, construct and maintain the works hereinafter described together with all necessary and proper works and conveniences connected therewith or incidental thereto, that is to say: —
Work No. 1 A quay wall comprising a reinforced concrete deck on reinforced concrete piles commencing at Point A on the plan of Work No. 1 at the corner of the south and east faces of the existing sea wall proceeding in an easterly direction a distance of six metres to point B on the plan, thence proceeding in a northerly direction a distance of three hundred and eighty one metres to point C on the plan, thence proceeding in a northeasterly direction a distance of two hundred and seventeen metres to point D on the plan, thence proceeding in a northwesterly direction six metres terminating at point E on the plan at the corner of the southeast and northeast faces of the existing sea wall.
Work No. 2 An embankment formed of stone rubble and commencing at a point at the southeast corner of Work No. 1 (point B on the plan of Works Nos 1, 2 and 3), thence proceeding in a southerly direction for a distance of one hundred and fifty metres terminating at Point F on the plan where it meets the level of high water.
Work No. 3 A quay wall comprising a reinforced concrete deck on reinforced concrete piles commencing at a point on the southeast corner of Work No. 1 (point B on the plan of Works Nos. 1, 2 and 3), thence proceeding in a southerly direction a distance of one hundred and fifty metres and terminating at a point where it meets with the level of high water (Point F on the plan of Works Nos. 1, 2 and 3).
Work No. 4 A quay wall comprising a reinforced concrete deck on reinforced concrete piles commencing at a point on the existing quay eighty metres northwesterly in a straight line from the east corner of Gremista Pier (Point A on the plan of Work No. 4), proceeding in a northeasterly direction for a distance of eighteen metres to a point B on the plan, thence proceeding in a northwesterly direction for a distance of seventy metres to point C on the plan, thence in a northeasterly direction for a distance of eighteen metres to point D on the plan on an existing stone revetment.
2
The Trustees may within the limits of deviation reconstruct, renew, enlarge and alter temporarily or permanently the works.
Power to reclaim Lands
4
1
The Trustees may —
a
by means of Works Nos. 1 and 4 authorised by this Order reclaim so much of the bed of the sea lying between the said Works Nos. 1 and 4 and the existing sea walls shown on the deposited plans as areas of land to be reclaimed;
b
by Work No. 2 reclaim so much of the foreshore and bed of the sea lying to the west of and enclosed by Work No. 2 and shown on the deposited plans as the area of land to be reclaimed; and
c
reclaim such of the foreshore and bed of the sea as may remain unreclaimed lying between Work No. 2 and Work No. 3.
2
In connection with the provisions of the foregoing paragraph the Trustees may carry out works including granular infilling for the purpose of levelling up and surfacing the lands reclaimed under the provisions of this section and may demolish or incorporate and surface over all existing quays within the area to be reclaimed.
Incorporation of provisions of the Order of 1971
5
1
Subject to paragraph (2) below the following provisions of the Lerwick Harbour Order 1971 are incorporated with and form part of this Order: —
Section 4 (Subsidiary works);
Section 6 (Fine for obstructing works);
Section 7 (Tidal works not to be executed without approval of Secretary of State);
Section 8 (Survey of tidal works);
Section 9 (Provision against danger to navigation);
Section 10 (Abatement of works abandoned or destroyed);
Section 11 (Lights on tidal works during construction);
Section 12 (Permanent lights on tidal works).
2
For the purposes of this Order the said Order of 1971 shall have effect subject to the modification that —
a
in subsection (1) of section 6, after the words “five pounds” there are substituted the words “Level 3 on the standard scale”;
b
in subsections (1) and (2) of sections — —
i
after the word “constructed” there is inserted the word “reconstructed”; and
ii
the word “enlarged” is omitted;
c
in subsection (1) of section 11 —
i
after the word “construction” there is added the word “reconstruction”; and
ii
the word “enlargement” is omitted;
d
in subsection (2) of section 9, subsection (2) of section 11 and subsection (2) of section 12, for the words “one hundred pounds” there are substituted the words “the statutory maximum and on conviction on indictment to a fine”.
Power to deviate
6
— Subject to the provisions of this Order, in the construction of the works the Trustees may deviate laterally from the lines or situations thereof shown on the deposited plans to any extent not exceeding the limits of deviation and may deviate vertically from the level of the works shown on the deposited sections to any extent not exceeding 2 metres upward or downward.
Crown Rights
7
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the Trustees or any licensee of the Trustees to take, use, enter upon or in any manner interfere with any land or interest in land, or any rights of whatsoever description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Signed by authority of the Secretary of State for Transport
S K Reeves
Head of Ports Division
Department of Transport
4th June 1997


text:
Citation and commencement
1
This Order may be cited as the Litter Control Areas (Amendment) Order 1997 and shall come into force on 28th March 1997.
Amendment of the Litter Control Areas Order 1991
2
1
Article 2 of the Litter Control Areas Order 1991 (land which may be designated as a litter control area) shall be amended in accordance with the following provisions of this article.
2
In paragraph (1)(b), the words “which has a gross retail floorspace of 5,000 square metres or more” shall be omitted.
3
In paragraph (1)(c), the words “with a gross floor space of 5,000 square metres or more” shall be omitted.
4
There shall be substituted for paragraph (1)(j)(xi):
xi
A National Park Authority, or
.
Amendment of the National Park Authorities (Wales) Order 1995
3
1
Paragraph 16 of Schedule 5 to the National Park Authorities (Wales) Order 1995 shall be omitted.
2
The entry headed “The Litter Control Areas Order 1991” in paragraph 2 of the Schedule to the National Park Authorities (Wales) (Amendment) Order 1996 shall be omitted.
Amendment of the National Park Authorities (England) Order 1996
4
Paragraph 13 of Schedule 5 to the National Park Authorities (England) Order 1996 shall be omitted.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
3rd March 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
5th March 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
3rd March 1997


text:
1
1
This Order may be cited as the Sex Offenders (Certificate of Caution) Order 1997 and shall come into force on 1st September 1997.
2
This Order extends to England and Wales and Northern Ireland only.
2
The certificate referred to in section 5(4) of the Sex Offenders Act 1997 (Certificate of Caution) shall be in the form set out in the Schedule to this Order or a form to like effect.
Home Office
Alun Michael
Minister of State
2nd August 1997