type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Schedule 22 to the Finance Act 1995) (Prescribed Amounts) Regulations 1997 and shall come into force on 25th April 1997.
Interpretation
2
1
In these Regulations “appropriate period” means —
a
where paragraph 1(3) applies, “the transitional period” within the meaning given by paragraph 1(4);
b
where paragraph 3(3) applies so as to modify paragraph 1(3), “the transitional overlap period” within the meaning given by paragraph 3(4);
c
where paragraph 6(3) applies so as to modify paragraph 1(3), the years of assessment 1995–96 and 1996–97;
d
where paragraph 7(3) applies so as to modify paragraph 1(3), “the transitional overlap period” within the meaning given by paragraph 7(4).
2
References in these Regulations to a paragraph are to that paragraph of Schedule 22 to the Finance Act 1995.
Amounts prescribed under paragraph 1(3) — persons other than partners
3
As respects a trade, profession or vocation carried on by any person (other than in partnership) —
a
the amount prescribed for the purposes of paragraph 1(3)(a) and of that provision as applied by paragraphs 3(3), 6(3) and 7(3) is £10,000;
b
the amount prescribed for the purposes of paragraphs 1(3)(c) and of that provision as applied by paragraphs 3(3), 6(3) and 7(3) is £50,000.
Amount prescribed under paragraph 1(3)(a) — persons in partnership
4
As respects a trade, profession or vocation carried on by persons in partnership, the amount prescribed for the purposes of paragraph 1(3)(a) and of that provision as applied by paragraphs 3(3), 6(3) and 7(3)) —
a
where the maximum number of partners comprising the partnership in the appropriate period does not exceed 20, is the amount determined by the formula —
£ 7 , 500 × A
where
A is the maximum number of partners comprising the partnership in the appropriate period;
b
where the maximum number of partners comprising the partnership in the appropriate period exceeds 20, is the amount determined by the formula —
£ 150 , 000 + ( £ 1 , 000 × B )
where
B is the number by which the maximum number of partners comprising the partnership in the appropriate period exceeds 20.
Amount prescribed under paragraph 1(3)(c) — persons in partnership
5
As respects a trade, profession or vocation carried on by persons in partnership, the amount prescribed for the purposes of paragraph 1(3)(c) and of that provision as applied by paragraphs 3(3), 6(3) and 7(3) is the amount determined by the formula —
£ 50 , 000 × C
where
C is the maximum number of partners comprising the partnership in the appropriate period.
Amount prescribed under paragraph 2(4)(b)
6
The amount prescribed for the purposes of paragraph 2(4)(b) is £15,000.
Amount prescribed under paragraph 5(4)(b)
7
The amount prescribed for the purposes of paragraph 5(4)(b) is £7,500.
Amount prescribed under paragraph 9(3)(a)
8
The amount prescribed for the purposes of paragraph 9(3)(a) and of that provision as applied by paragraph 10(3) is £7,500.
C W Corlett
G H Bush
Two of the Commissioners of Inland Revenue
3rd April 1997


text:
Citation, commencement and application
1
1
This Order may be cited as the the Durham County Council (Borough of Darlington) (Staff Transfer) Order 1997 and shall come into force on 1st April 1997.
2
This Order makes provisions which are consequential or supplementary to the Durham (Borough of Darlington) (Structural Change) Order 1995 .
Interpretation
2
In this Order
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“designated list” means the list marked “The Durham County Council (Borough of Darlington) (Staff Transfer) Order 1997 Designated List” which is signed by the Secretary of State for the Environment, one copy of which is deposited with the Darlington Borough Council, one with the Durham County Council and one in the offices of the Secretary of State for the Environment;
“employee” means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1997, but does not include a person whose employment is on a temporary basis and who on 31st March 1997 has had a continuous period of employment (when calculated in accordance with sections 210 to 219 of the Employment Rights Act 1996 ) of less than two years.
Transfer of staff
3
1
This article shall apply to any employee (a “designated employee”) —
a
who immediately before 1st April 1997 (“the reorganisation date”) was employed by the Durham County Council;
b
whose employment would continue but for the transfer of functions to the Borough of Darlington; and
c
whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect as if originally made between that employee and the Darlington Borough Council.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
2nd February 1997


text:
1
These Regulations may be cited as the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) (No. 2) Regulations 1997 and shall come into force on 29th July 1997.
2
In regulation 3(3) of the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 (payment by instalments) for “7.18 per cent.” substitute “7.35 per cent.”.
3
The Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) Regulations 1997 are revoked.
4
Regulations 2 and 3 do not apply in respect of any period before the date these Regulations come into force (notwithstanding that interest included in the amount of an instalment is paid on or after that date).
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
30th June 1997


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


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pembrokeshire and Derwen National Health Service Trust (Establishment) Order 1997 and shall come into force on 1st April 1997.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Pembrokeshire and Derwen National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Pembrokeshire and Derwen National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Withybush General Hospital, Fishguard Road, Haverfordwest SA61 2PZ and associated hospitals;
b
to manage community health services provided from Withybush General Hospital, Fishguard Road, Haverfordwest SA61 2PZ and to own the associated premises;
c
to own and manage hospital accommodation and services provided at St David’s Hospital, Carmarthen SA31 3HB and associated hospitals;
d
to manage community health services provided from St David’s Hospital, Carmarthen SA31 3HB and to own the associated premises;
e
to manage ambulance and associated transport services and to manage such other services (including communications and training) relating to the provision of care as can reasonably be carried out in conjunction with the management of ambulance and associated transport services from Withybush General Hospital, Fishguard Road, Haverfordwest SA61 2PZ and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1997.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
William Hague
Secretary of State for Wales
3rd March 1997


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government Act 1988 (Competition) (England) Regulations 1997 and shall come into force on 21st February 1997.
2
These Regulations apply to defined authorities in England only.
Interpretation
2
In these Regulations —
“the construction regulations” means The Local Government Act 1988 (Competition (Construction and Property Services) (England) Regulations 1994 ;
“the financial services regulations” means The Local Government Act 1988 (Competition) (Financial Services) (England) Regulations 1995 ;
“the information technology regulations” means The Local Government Act 1988 (Competition) (Information Technology) (England) Regulations 1995 ;
“the legal services regulations” means The Local Government Act 1988 (Competition) (Legal Services) (England) Regulations 1994 ;
“the personnel services regulations” means The Local Government Act 1988 (Competition) (Personnel Services) (England) Regulations 1995 ; and
“the parking regulations” means The Local Government Act 1988 (Defined Activities) (Competition) (Supervision of Parking, Management of Vehicles and Security Work) (England) Regulations 1994 .
Amendments to the construction regulations
3
1
With effect from 23rd February 1998, in regulation 2 of the construction regulations —
a
the definition of “allowable period” is revoked;
b
the following is substituted for the definition of “the cost” —
“the cost” means the estimated total annual cost including overheads provided that those overheads are not treated by a defined authority as forming part of the cost of —
another defined activity; or
work to which Part III of the Local Government, Planning and Land Act 1980 applies;
c
the following is substituted for the definition of “the specified proportion” —
“the specified proportion” means an amount equal to the product of the following formula —
( T - ( A + B ) ) - ( C + D + E + F + G + H )
where
T
an amount equal to the cost to a defined authority of the specified work;
A
an amount equal to the cost of specified work which is being carried out by a person other than a defined authority in connection with work falling within any other defined activity or in connection with work to which Part III of the Local Government, Planning and Land Act 1980 applies where that work is being carried out by another person on behalf of a defined authority;
B
an amount equal to any amount included in T in respect of goods or services which are provided by a person other than a defined authority;
C
an amount equal to 35% of (T−(A+B)) or £300,000, whichever is greater;
D
for the period ending on 31st March 1999 or five years after work was awarded, whichever is shorter, an amount equal to the cost of specified work which is being carried out following voluntary competitive tendering;
E
an amount equal to the cost of any specified work being carried out following a competitive tendering process in respect of that work conducted in accordance with the provisions of the Act;
F
an amount equal to the cost of any specified work being carried out by a person other than a defined authority following a competitive tendering process where —
no defined authority submitted a bid to carry out that work; and
that work had previously been carried out by the defined authority conducting that process or by its predecessor;
G
an amount equal to the cost of specified work carried out by a defined authority which is funded from a school’s delegated budget provided under a scheme prepared in accordance with section 103 of the Education Act 1996 ; and
H
until 31st July 1999, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) where that functional work is not subject to section 6 of the Act
provided that —
any amount taken into account in applying any element in the formula (other than T) shall not also be taken into account in applying any other element in the formula; and
any such amount shall not be taken into account in applying any element in the formula used for calculating the specified proportion of any other defined activity;
2
In regulation 3(a) of the construction regulations the word “substantial” is omitted.
3
The following is inserted after regulation 3(c) of the construction regulations —
ca
on or after 1st April 2000 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1998;
Amendments to the financial services regulations
4
1
With effect from 21st August 1998, in regulation 2 of the financial services regulations —
a
the definition of “the allowable period” is revoked;
b
the following is substituted for the definition of “the cost” —
“the cost” means the estimated total annual cost including overheads provided that those overheads are not treated by a defined authority as forming part of the cost of —
another defined activity; or
work to which Part III of the Local Government, Planning and Land Act 1980 applies:
c
the following is substituted for the definition of “the specified proportion” —
“the specified proportion” means an amount equal to the product of the following formula —
( T - ( A + B ) ) - ( C + D + E + F + G + H )
where
T
an amount equal to the total of the cost to a defined authority of the specified work and of determination work;
A
an amount equal to the cost of specified work which is being carried out by a person other than a defined authority in connection with work falling within any other defined activity or in connection with work to which Part III of the Local Government, Planning and Land Act 1980 applies where that work is being carried out by another person on behalf of a defined authority;
B
an amount equal to any amount included in T in respect of goods or services which are provided by a person other than a defined authority;
C
for county councils, an amount equal to 60% of (T−(A+B)) or £300,000, whichever is greater; or
for all other defined authorities, an amount equal to 50% of (T−(A+B)) or £300,000, whichever is greater;
D
for the period ending on 31st March 1999 or five years after work was awarded, whichever is the shorter, an amount equal to the cost of specified work which is being carried out following voluntary competitive tendering;
E
an amount equal to the cost of any specified work being carried out following a competitive tendering process in respect of that work conducted in accordance with the provisions of the Act;
F
an amount equal to the cost of any specified work being carried out by a person other than a defined authority following a competitive tendering process where —
no defined authority submitted a bid to carry out that work; and
that work had previously been carried out by the defined authority conducting that process or by its predecessor;
G
an amount equal to the cost of specified work carried out by a defined authority which is funded from a school’s delegated budget provided under a scheme prepared in accordance with section 103 of the Education Act 1996 ; and
H
until 31st July 1999, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) where that functional work is not subject to section 6 of the Act
provided that —
any amount taken into account in applying any element in the formula (other than T) shall not also be taken into account in applying any other element in the formula; and
any such amount shall not be taken into account in applying any element in the formula used for calculating the specified proportion of any other defined activity;
2
In regulation 3(1)(a) of the financial services regulations the word “substantial” is omitted.
3
The following is inserted after regulation 3(1)(c) of the financial services regulations —
ca
on or after 1st October 2000 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1998;
4
In regulation 3(1)(d) of the financial services regulations “1st October 1998” is substituted for “1st April 1998”.
Amendments to the information technology regulations
5
1
With effect from 21st August 1998, in regulation 2 of the information technology regulations —
a
The following is substituted for the definition of “the cost” —
“the cost” means the estimated total annual cost including overheads provided that those overheads are not treated by a defined authority as forming part of the cost of —
another defined activity; or
work to which Part III of the Local Government, Planning and Land Act 1980 applies;
b
the following is substituted for the definition of “the specified proportion” —
“the specified proportion” means an amount equal to the product of the following formula —
( T - ( A + B ) ) - ( C + D + E + F + G + H + I )
where
T
an amount equal to the cost to a defined authority of the specified work;
A
an amount equal to the cost of specified work which is being carried out by a person other than a defined authority in connection with work falling within any other defined activity or in connection with work to which Part III of the Local Government, Planning and Land Act 1980 applies where that work is being carried out by another person on behalf of a defined authority;
B
an amount equal to any amount included in T in respect of goods or services which are provided by a person other than a defined authority;
C
an amount equal to 60% of (T−(A+B)) or £300,000, whichever is greater;
D
for the period ending on 31st March 1999 or five years after work was awarded, whichever is the shorter, an amount equal to the cost of specified work which is being carried out following voluntary competitive tendering;
E
an amount equal to the cost of any specified work being carried out following a competitive tendering process in respect of that work conducted in accordance with the provisions of the Act;
F
an amount equal to the cost of any specified work being carried out by a person other than a defined authority following a competitive tendering process where —
no defined authority submitted a bid to carry out that work; and
that work had previously been carried out by the defined authority conducting that process or by its predecessor;
G
an amount equal to the cost of specified work carried out by a defined authority which is funded from a school’s delegated budget provided under a scheme prepared in accordance with section 103 of the Education Act 1996 ;
H
until 31st July 1999, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) where that functional work is not subject to section 6 of the Act; and
I
an amount equal to the cost of specified work which is being carried out by a defined authority, being work undertaken by way of functional work at the request of any person other than a defined authority who is carrying out work (“other work”) on the authority’s behalf, for the purpose of facilitating such work
provided that —
any amount taken into account in applying any element in the formula (other than T) shall not also be taken into account in applying any other element in the formula; and
any such amount shall not be taken into account in applying any element in the formula used for calculating the specified proportion of any other defined activity;
2
In regulation 3(1)(a) of the information technology regulations the word “substantial” is omitted.
3
The following is inserted after regulation 3(1)(c) of the information technology regulations —
ca
on or after 1st October 2001 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1998;
Amendments to the legal services regulations
6
1
With effect from 23rd February 1998, in regulation 2 of the legal services regulations —
a
the following is substituted for the definition of “the cost”
“the cost” means the estimated total annual cost including overheads provided that those overheads are not treated by a defined authority as forming part of the cost of —
another defined activity; or
work to which Part III of the Local Government, Planning and Land Act 1980 applies;
b
the following is substituted for the definition of “the specified proportion” —
“the specified proportion” means an amount equal to the product of the following formula —
( T - ( A + B ) ) - ( C + D + E + F + G + H )
where
T
an amount equal to the cost to a defined authority of the specified work;
A
an amount equal to the cost of specified work which is being carried out by a person other than a defined authority in connection with work falling within any other defined activity or in connection with work to which Part III of the Local Government, Planning and Land Act 1980 applies where that work is being carried out by another person on behalf of a defined authority;
B
an amount equal to any amount included in T in respect of goods or services which are provided by a person other than a defined authority;
C
an amount equal to 55% of (T−(A+B)) or £300,000, whichever is greater;
D
for the period ending on 31st March 1999 or five years after work was awarded, whichever is the shorter, an amount equal to the cost of specified work which is being carried out following voluntary competitive tendering;
E
an amount equal to the cost of any specified work being carried out following a competitive tendering process in respect of that work conducted in accordance with the provisions of the Act;
F
an amount equal to the cost of any specified work being carried out by a person other than a defined authority following a competitive tendering process where —
no defined authority submitted a bid to carry out that work; and
that work had previously been carried out by the defined authority conducting that process or by its predecessor;
G
an amount equal to the cost of specified work carried out by a defined authority which is funded from a school’s delegated budget provided under a scheme prepared in accordance with section 103 of the Education Act 1996 ;
H
until 31st July 1999, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) where that functional work is not subject to section 6 of the Act
provided that —
any amount taken into account in applying any element in the formula (other than T) shall not also be taken into account in applying any other element in the formula; and
any such amount shall not be taken into account in applying any element in the formula used for calculating the specified proportion of any other defined activity;
2
In regulation 3(a) of the legal services regulations the word “substantial” is omitted.
3
The following is inserted after regulation 3(c) of the legal services regulations —
ca
on or after 1st April 2000 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1998;
Amendments to the personnel services regulations
7
1
With effect from 21st May 1998, in regulation 2 of the personnel services regulations —
a
the following is substituted for the definition of “the cost” —
“the cost” means the estimated total annual cost including overheads provided that those overheads are not treated by a defined authority as forming part of the cost of —
another defined activity; or
work to which Part III of the Local Government, Planning and Land Act 1980 applies;
b
the following is substituted for the definition of “the specified proportion” —
“the specified proportion” means an amount equal to the product of the following formula —
( T - ( A + B ) ) - ( C + D + E + F + G + H + I )
where
T
an amount equal to the cost to a defined authority of the specified work;
A
an amount equal to the cost of specified work which is being carried out by a person other than a defined authority in connection with work falling within any other defined activity or in connection with work to which Part III of the Local Government, Planning and Land Act 1980 applies where that work is being carried out by another person on behalf of a defined authority;
B
an amount equal to any amount included in T in respect of goods or services which are provided by a person other than a defined authority;
C
an amount equal to 60% of (T−(A+B)) or £300,000, whichever is greater;
D
for the period ending on 31st March 1999 or five years after work was awarded, whichever is the shorter, an amount equal to the cost of specified work which is being carried out following voluntary competitive tendering;
E
an amount equal to the cost of any specified work being carried out following a competitive tendering process in respect of that work conducted in accordance with the provisions of the Act;
F
an amount equal to the cost of any specified work being carried out by a person other than a defined authority following a competitive tendering process where —
no defined authority submitted a bid to carry out that work; and
that work had previously been carried out by the defined authority conducting that process or by its predecessor;
G
an amount equal to the cost of specified work carried out by a defined authority which is funded from a school’s delegated budget provided under a scheme prepared in accordance with section 103 of the Education Act 1996 ;
H
until 31st July 1999, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) where that functional work is not subject to section 6 of the Act; and
I
an amount equal to the cost of specified work falling within paragraph 15(1)(g) of Schedule 1 to the Act where that work is carried out by a defined authority and is wholly funded by —
a grant paid to the authority pursuant to section 484 of the Education Act 1996 which is paid on to a governing body of a school with a delegated budget provided under a scheme prepared in accordance with section 103 of the Education Act 1996; or
a matching contribution by the authority to such a grant which is paid on to such a governing body
provided that —
any amount taken into account in applying any element in the formula (other than T) shall not also be taken into account in applying any other element in the formula; and
any such amount shall not be taken into account in applying any element in the formula used for calculating the specified proportion of any other defined activity;
2
In regulation 3(1)(a) of the personnel services regulations the word “substantial” is omitted.
3
The following is inserted after regulation 3(1)(c) of the personnel services regulations —
ca
on or after 1st October 2000 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1998;
Amendment to the parking regulations
8
Paragraphs (2) and (3) of regulation 2 of the parking regulations are hereby revoked.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
28th January 1997


text:
Citation and commencement
1
This Order may be cited as the Greater Manchester Ambulance Service National Health Service Trust (Establishment) Amendment Order 1997 and shall come into force on 1st November 1997.
Amendment of NHS trust Establishment Order
2
In Article 4 of the Greater Manchester Ambulance Service National Health Service Trust (Establishment) Order 1993 for “5 non-executive” there shall be substituted “4 non-executive” and for “5 executive” there shall be substituted “4 executive”.
Signed by authority of the Secretary of State for Health,
Alan Milburn
Minister of State,
Department of Health
21st October 1997


text:
Citation and Commencement
1
These Regulations may be cited as the Air Navigation (Dangerous Goods) (Second Amendment) Regulations 1997 and shall come into force on 1st December 1997.
Amendment of the Air Navigation (Dangerous Goods) Regulations 1994
2
The Air Navigation (Dangerous Goods) Regulations 1994 shall be further amended by substituting for the definition of “Technical Instructions” in regulation 3(1) —
“Technical Instructions” means the 1997 — 1998 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air as amended by the Addendum to those Instructions dated 11 August 1997 which was approved and published by decision of the Council of the International Civil Aviation Organisation;
.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
6th November 1997


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) Order 1997 and shall come into force on 12th August 1997.
Interpretation
2
1
In this Order–
“British fishing boat” means a boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands;
“the Council Regulation” means Council Regulation ( EC ) No. 894/97 laying down certain technical measures for the conservation of fishery resources ;
“fish” includes crustacea, molluscs and parts of fish;
“local fisheries committee” means a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the Sea Fisheries Regulation Act 1966 ;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of Schedule 1 to this Order, as read with any qualifying words relating to that provision in that column.
2
In this Order any reference to a document includes, in addition to a document in writing–
a
any map, plan, graph or drawing;
b
any photograph;
c
any disk, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
d
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
Offences
3
1
Subject to article 15 below, where there is, in respect of–
a
any British fishing boat wherever it may be, or
b
any other fishing boat which is within British fishery limits,
a contravention of, or failure to comply with, any specified Community provision, the master, the owner and the charterer (if any) shall each be guilty of an offence.
2
Subject to paragraph (3) below, any person who, in the United Kingdom, lands, transports, stores, sells, displays or offers for sale–
a
any fish in contravention of article 5 of the Council Regulation, or
b
any salmon ( Salmo salar ) or sea trout ( Salmo trutta ) in contravention of article 6(1) of the Council Regulation,
shall be guilty of an offence.
3
Paragraph (2) above shall not apply to a person who lands a fish, salmon or sea trout if that person is guilty of an offence under paragraph (1) above as respects the landing of that fish, salmon or sea trout.
Penalties
4
1
A person guilty of an offence under article 3(1) of this Order shall be liable on summary conviction–
a
to a fine not exceeding the amount specified in column 3 of Schedule 1 to this Order in relation to the specified Community provision, the contravention of, or failure to comply with which, founded the offence; and
b
either–
i
to a fine not exceeding the value of any fish in respect of which the offence was committed, or
ii
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence, or which was used for catching any fish in respect of which the offence was committed.
2
A person guilty of an offence under article 3(1) of this Order shall be liable on conviction on indictment–
a
to a fine; and
b
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence, or which was used for catching any fish in respect of which the offence was committed.
3
A person guilty of an offence under article 3(2) of this Order shall be liable on summary conviction–
a
to a fine not exceeding the statutory maximum; and
b
either–
i
to a fine not exceeding the value of the fish in respect of which the offence was committed, or
ii
to the forfeiture of the fish in respect of which the offence was committed.
4
A person guilty of an offence under article 3(2) of this Order shall be liable on conviction on indictment–
a
to a fine; and
b
to the forfeiture of the fish in respect of which the offence was committed.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master, owner or charterer, or a member of the crew, of a fishing boat who is convicted by the court of an offence under article 3 of this Order, the court may–
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer, or a member of the crew, of a fishing boat who is convicted by the sheriff of an offence under article 3 of this Order, the sheriff may–
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as they apply to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing article 3(1) of this Order any British sea-fishery officer may exercise in relation to–
a
any British fishing boat wherever it may be; or
b
any other fishing boat which is within British fishery limits,
the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular–
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether an offence has been committed under article 3(1) of this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search including rendering all documents on the boat’s computer systems into a visible and legible form;
d
inspect and take copies of any such document produced to him or found on board and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (e) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 3(1) of this Order has at any time been committed, he may–
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
1
For the purpose of enforcing the provisions of article 3 of this Order, any British sea-fishery officer may–
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether an offence under article 3 of this Order has at any time been committed;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any fish;
g
for the purpose of ascertaining whether any person on the premises has committed an offence under article 3 of this Order, search the premises for any such document and may require any person on the premises to do anything which appears to him to be necessary for facilitating the search including rendering all documents on computer systems within the premises into a visible and legible form;
h
inspect and take copies of any such document produced to him or found on the premises and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
i
if he has a reason to suspect that such an offence has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.
2
The provisions of paragraph (1) above shall apply mutatis mutandis in relation to any land used in connection with any of the activities described in paragraph (1) above, or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
Powers of British sea-fishery officers to seize fish and fishing gear
8
A British sea-fishery officer may seize–
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Powers of other officers
9
1
For the purpose of enforcing article 3 of this Order in so far as it applies to undersized fish, any of the following officers, that is to say–
a
any officer authorised by any of the Ministers,
b
any officer of a market authority, acting within the limits of any market which that authority has power to regulate, and
c
any fishery officer of a local fisheries committee acting within the district of the committee,
may, at all reasonable times, go on board any British fishing boat or enter any premises (other than a dwelling) used for carrying on any business in connection with the treatment, storage or sale of fish, may search for and examine any fish in any place, whether on board a fishing boat or elsewhere, and whether in a receptacle or not, and may seize any fish in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed.
2
For the purpose of enforcing article 3 of this Order in so far as it relates to nets and other fishing gear, any fishery officer of a local fisheries committee may, within the district of the committee, go on board any British fishing boat and search for and examine all nets or other fishing gear and any fish carried in that boat, and may seize any net or other fishing gear in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed.
3
For the purpose of paragraph (1) of this article the district of a local fisheries committee shall be deemed to extend throughout the area of any council liable to pay, or contribute to the payment of, the expenses of the committee, except that the powers conferred by that paragraph on any fishery officer of a local fisheries committee shall not be exercisable in respect of any matter arising within the limits of any market under the control of the council of any district.
Protection of officers
10
An officer or a person assisting him by virtue of articles 6(2) or 7(1)(b) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 6 to 8 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
11
Any person who–
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by articles 6 and 7 of this Order;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by articles 6 to 8 of this Order or intentionally obstructs any such officer in the exercise of any of those powers
shall be guilty of an offence and liable–
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Provisions as to offences
12
1
Where any offence under article 3 of this Order committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 3 of this Order committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 3 of this Order committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Proceedings
13
1
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
2
A local fisheries committee may take proceedings in respect of any offence occurring within the district of the committee under–
a
article 3(1) of this Order where the offence is founded on a contravention of, or failure to comply with, articles 2, 4, 5 and 10 of the Council Regulation; or
b
article 3(2)(a) of this Order.
3
For the purpose of paragraph (2) of this article the district of a local fisheries committee shall be deemed to extend throughout the area of any council liable to pay, or contribute to the payment of, the expenses of the committee, except that the powers conferred by that paragraph on the committee shall not be exercisable in respect of any matter arising within the limits of any market under the control of the council of any district.
Admissibility in evidence of logbooks and other documents
14
Any document kept or held on board under Article 5 of Council Regulation ( EEC ) No. 2241/87 establishing certain control measures for fishing activities or Article 6 or 17.2 of Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy , any declaration submitted under Article 8.1, 12 or 17.2 of Council Regulation 2847/93 and any document drawn up under Article 9 or 13 of Council Regulation 2847/93 shall, in any proceedings for an offence under this Order–
a
in England, Wales or Northern Ireland, be evidence of the matters stated therein; and
b
in Scotland, be received in evidence without being produced or sworn to by any witness and shall be sufficient evidence of the matters stated therein.
Jersey territorial waters
15
1
The provisions of this Order shall not extend to the territorial sea adjacent to the Bailiwick of Jersey.
2
For the purposes of this article, the territorial sea adjacent to the Bailiwick of Jersey means the territorial sea as extended by the Territorial Sea Act 1987 .
Revocation
16
The Orders specified in Schedule 2 to this Order are hereby revoked.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th August 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
31st July 1997
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
4th August 1997
Marjorie Mowlam
Secretary of State for Northern Ireland
5th August 1997


text:
Title and commencement
1
These Regulations may be cited as the Beef Bones Regulations 1997 and shall come into force on 16th December 1997.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“additive” means any substance not normally consumed as a food in itself and not normally used as a characteristic ingredient of food, whether or not it has nutritional value, used in the preparation, packaging, transport or storage of a food which results, or may reasonably be expected to result, in it or its by-products becoming directly a component of the food;
“bone-in beef” means a carcase or any fresh meat which contains or to which there is attached any bone;
“bone” means any bone (including bone marrow and any part of a bone) of a bovine animal, including the bones of the tail and feet, but excluding cartilage;
“bovine animal” means any bovine animal aged over six months at slaughter which is a food source, including buffalo of the species Bubalis bubalis and Bison bison;
“carcase” means the whole body of a slaughtered bovine animal;
“deboning” means removing any bone from any bone-in beef;
“fresh meat” means any part of a bovine animal suitable for human consumption, including chilled or frozen meat, which has not undergone any preserving process and includes any meat vacuum wrapped or wrapped in a controlled atmosphere;
“ingredient” means any substance, including any additive, which is used in the preparation of a food and which is still present in the finished product, even if in altered form;
“occupier” means the person carrying on a food business; and
“ultimate consumer” means any person who buys otherwise than for the purposes of a food business.
2
For the purposes of these Regulations, the age at slaughter of a bovine animal shall be presumed to be over six months unless it can be shown, by reference to such records as are available in relation to the age at slaughter of the animal, that it was aged six months or less at slaughter.
3
For the purposes of these Regulations, the delivery in the course of a business of bone-in beef to or to the order of its owner for human consumption shall be deemed to be a sale.
Bone-in beef
3
1
No person shall sell any bone-in beef to the ultimate consumer.
2
No person shall use any bone-in beef in the preparation of any food or ingredient for sale direct to the ultimate consumer.
Bones
4
1
No person shall sell any bone to the ultimate consumer for human consumption.
2
No person shall sell any bone removed from bone-in beef deboned in Great Britain for use in the preparation of any food or ingredient for human consumption.
3
No person shall use any bone removed from bone-in beef deboned in Great Britain in the preparation of any food or ingredient for sale for human consumption.
4
No person shall sell any bone removed from bone-in beef deboned outside Great Britain for use in the preparation of any food or ingredient for sale direct to the ultimate consumer for human consumption.
5
No person shall use any bone removed from bone-in beef deboned outside Great Britain in the preparation of any food or ingredient for sale direct to the ultimate consumer for human consumption.
Food and food ingredients
5
1
No person shall sell to the ultimate consumer for human consumption any food an ingredient of which consists of or is derived from bones removed from bone-in beef deboned in Great Britain.
2
No person shall sell for use in the preparation of any food or ingredient for human consumption any substance derived from bones removed from bone-in beef deboned in Great Britain.
3
No person shall use on food premises in the preparation of any food or ingredient for human consumption any substance derived from bones removed from bone-in beef deboned in Great Britain.
4
Until 15th March 1998 this regulation shall not apply to anything, other than bone-in beef or bones, prepared for sale before the coming into force of these Regulations.
Deboning
6
1
No person in the course of a business shall debone any bone-in beef for preparation, preparation for sale or sale for human consumption except at food premises.
2
The occupier of food premises shall ensure that any deboning of bone-in beef at the premises is carried out in a hygienic manner, in particular so as to avoid the risk of contamination of any food or ingredient.
Storage of bones
7
1
Bones removed from bone-in beef deboned in Great Britain shall be stored at food premises separately from any food or ingredient at the premises.
2
No person shall store any bones, whether removed from bone-in beef deboned in or outside Great Britain, on any part of food premises where any food or ingredient for human consumption is prepared for sale direct to the ultimate consumer.
3
The occupier of food premises shall ensure that any bones stored on the premises are stored in a hygienic manner, in particular so as to avoid the risk of contamination of any food or ingredient.
Disposal of bones
8
Bones removed from any bone-in beef deboned in Great Britain shall be treated as if they were animal by-products referred to in Part II of Schedule 1 to the Animal By-Products Order 1992 and shall be disposed of in accordance with that Order.
Records
9
1
For the purposes of these Regulations the occupier of food premises shall keep records relating to any bones removed from bone-in beef, used or stored on the premises.
2
The records shall contain sufficient information to ensure that the origin of any bones removed from bone-in beef, used or stored on the premises, and any commercial operations previously carried out in relation to the bones (whether or not at those premises and whether or not in Great Britain), can be clearly traced and identified by an authorised officer.
3
The occupier of food premises shall retain records relating to bones for the period of two years from the date on which commercial operations in relation to the bones were last carried out on the premises.
Offences and penalties
10
1
An occupier of food premises shall take all practicable steps to secure compliance by each of his employees with the provisions of these Regulations which apply to those premises.
2
If any person contravenes —
a
paragraph (1) above; or
b
any other provision of these Regulations,
he shall be guilty of an offence and liable —
i
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both; or
ii
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
3
Proceedings for an offence under any of the provisions mentioned in paragraph (2) above may, subject to paragraph (4) below, be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.
4
No such proceedings shall be begun more than three years after the commission of the offence.
5
For the purposes of this regulation —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact; and
b
a certificate stating that matter purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
6
In relation to proceedings in Scotland, subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
Application of provisions of the Food Safety Act 1990
11
The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of that Act and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to these Regulations —
section 2 (extended meaning of “sale”, etc. );
section 3 (presumptions that food intended for human consumption);
section 9 (inspection and seizure of suspected food), subject to the modification that it shall apply to an authorised officer of an enforcement authority as it applies to an authorised officer of a food authority;
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 33 (offence of obstruction, etc. of officers);
section 36 (offences by bodies corporate), subject to the modification that a reference to a body corporate shall include a Scottish partnership and a reference to a director shall include a partner in a Scottish partnership;
section 44 (protection of officers acting in good faith).
Enforcement
12
1
These Regulations shall be enforced —
a
by the Minister in relation to premises in England licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
b
by the Secretary of State in relation to premises in Wales and Scotland licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995; and
c
in relation to any other premises, by the food authority in whose area the premises are situated.
2
On an inspection of any food or ingredient intended for human consumption an authorised officer of a food authority or an official veterinary surgeon (designated as such under regulation 8(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995) may certify that the food or ingredient fails to comply with these Regulations.
3
Where any food or ingredient is certified as mentioned in paragraph (2) above it may be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements.
Jack Cunningham
Minister of Agriculture, Fisheries and Food
15th December 1997
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
15th December 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
15th December 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
15th December 1997


text:
Commencement and citation
1
This Order may be cited as The A312 Trunk Road (Hounslow) Red Route (Clearway) Traffic Order 1997, and shall come into force on 25th January 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 clearway” 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.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
The controls specified in paragraph (1) of this article do not apply in respect of any area of the trunk road red route clearway specified in schedule 2.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies–
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
a
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) 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) 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) 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
Subject to paragraph (2) of this article, the Hounslow (Waiting and Loading Restrictions) Order 1977 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Hounslow (Waiting and Loading Restrictions) Order 1977 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
TRO167
Derek Turner
Traffic Director for London
17th January 1997


text:
Citation and commencement
1
These Regulations may be cited as the Channel Tunnel Rail Link (Planning Appeals) Regulations 1997, and shall come into force on 8th April 1997.
Interpretation and notices, etc.
2
1
In these Regulations:
“ the Act ” means the Channel Tunnel Rail Link Act 1996, and “Schedule 6” means Schedule 6 to the Act;
“the appellant” means the nominated undertaker;
“approval” means approval under Part II or III of Schedule 6;
“authority” means relevant local authority for the purposes of paragraph 1 of Schedule 6;
“request” means a request for approval under the planning permission deemed to be granted by section 9(1) of the Act;
“starting date” means the third working day after the date of receipt by the appropriate Ministers of an appeal, and “working day” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .; and
“third party” means any person who has been notified or consulted in accordance with Schedule 6 about a request, or has submitted representations to the authority about that request.
2
Any notice, statement or representations submitted pursuant to these Regulations shall be in writing.
3
Where —
a
any notice of appeal is given under paragraph 32 of Schedule 6;
b
any notice is served pursuant to regulation 6(1);
c
any questionnaire or statement is submitted or copied pursuant to regulation 7; or
d
any representations are submitted or copied pursuant to regulation 6, 8 or 9 —
and reference is made therein to another document, a copy of that other document (or of the relevant part of it) shall be submitted, served or copied (as the case may be) in a like manner and within the period specified for the submission, service or copying of the relevant document mentioned in sub-paragraph (a), (b), (c) or (d) above.
Application
3
These Regulations shall apply to any appeal which is made under paragraph 32 of Schedule 6, and which is not the subject of a direction made pursuant to paragraph 36(1) of that Schedule.
Notice of appeal
4
1
Notice of appeal to the appropriate Ministers shall be given in the form prescribed at Form A in the Schedule hereto .
2
The appellant shall forthwith send a copy of the notice of appeal to the authority.
Notice of receipt of appeal
5
The appropriate Ministers shall upon receipt of the notice of appeal forthwith serve notice on the appellant and the authority of —
a
the starting date;
b
the reference number allocated to the appeal;
c
the address of the site to which the appeal relates.
Notice to, and representations by third parties
6
1
The authority shall, within a period of 7 days beginning with the date on which it receives notice pursuant to regulation 5, serve notice on all third parties informing them of the appeal.
2
A notice under paragraph (1) shall —
a
summarise the request to which the appeal relates, and the grounds of the appeal;
b
contain the information specified in regulation 5;
c
inform the third party that that party may, within a period of 21 days beginning with the starting date, submit representations to the appropriate Ministers in respect of the appeal;
d
give the address to which any such representations are to be sent;
e
state that the appropriate Ministers will copy those representations to the appellant and to the authority;
f
state that copies of any representations already submitted to the authority about the request (other than representations which were not taken into account because the maker requested they be treated as confidential) will be sent by the authority to the appropriate Ministers and the appellant.
3
Any representations submitted pursuant to paragraph (2)(c) and any copies of representations mentioned in paragraph (2)(f) shall be submitted to the appropriate Ministers within a period of 21 days beginning with the starting date.
4
An authority submitting a copy of representations to the appropriate Ministers pursuant to paragraph (2)(f) shall forthwith send a copy to the appellant.
5
The appropriate Ministers shall, on receipt of representations made pursuant to paragraph (2)(c), forthwith send a copy of them to the appellant and to the authority.
Submission of questionnaire and statement by the authority
7
1
The authority shall, within a period of 14 days beginning with the starting date, submit to the appropriate Ministers a completed questionnaire in the form prescribed at Form B in the Schedule hereto.
2
The authority shall forthwith send a copy of that questionnaire to the appellant.
3
If the authority wishes to submit a statement in addition to the questionnaire mentioned in paragraph (1), it shall:
a
within a period of 14 days beginning with the starting date, serve notice on the appropriate Ministers and on the appellant of its intention to submit such a statement; and
b
within a period of 21 days beginning with the starting date, submit the statement to the appropriate Ministers, forthwith sending a copy of it to the appellant.
Representations by the appellant and by the authority
8
1
The appellant may submit to the appropriate Ministers representations in response to:
a
the authority’s questionnaire copied to it pursuant to regulation 7(2); and
b
the authority’s statement (if any) copied to it pursuant to regulation 7(3)(b).
2
Representations pursuant to paragraph (1)(a) shall be submitted within a period of 7 days beginning with the date of receipt by the appellant of the copy of the authority’s questionnaire, and those pursuant to paragraph (1)(b) within a period of 7 days beginning with the date of receipt by the appellant of the copy of the authority’s statement.
3
Where representations are submitted pursuant to paragraph (1), the appellant shall forthwith send a copy of them to the authority.
4
The appellant and the authority may submit to the appropriate Ministers representations in response to any third party representations submitted to those Ministers pursuant to regulation 6(2)(c).
5
Representations pursuant to paragraph (4) shall be submitted within a period of 7 days beginning with the date of the receipt by the appellant or the authority (as the case may be) of the copy of the third party representations sent pursuant to regulation 6(5).
Closing representations in respect of new matters
9
Where the appellant submits representations pursuant to regulation 8(1), and those representations raise a new matter, the authority may, within a period of 7 days beginning with the date of its receipt of a copy of those representations pursuant to regulation 8(3), submit to the appropriate Ministers representations in respect of that new matter, copying them forthwith to the appellant.
Powers of determiner
10
1
In this regulation —
“the determiner” means the appropriate Ministers or the person appointed to determine the appeal pursuant to paragraph 34 of Schedule 6, as the case may be; and
“representations” includes any statement or questionnaire submitted or to be submitted by the authority pursuant to these Regulations.
2
The determiner may, at any time after the expiry of:
a
a period of 7 days beginning either with the date of receipt by the appellant of the copy of the authority’s questionnaire or, where the authority submits a statement pursuant to regulation 7(3), with the date of receipt by the appellant of the copy of that statement; or
b
where applicable, the period of 7 days mentioned in regulation 9 —
whichever is the later proceed to a decision, taking into account only those representations and supporting documents as were submitted before the expiry of the relevant period.
3
Where no representations are submitted within the period mentioned in regulation 6(2)(c), the determiner may proceed to a decision if —
a
it appears to the determiner that sufficient material has been received to enable the determiner to reach a decision on the merits of the case; and
b
notice has been given by the determiner to the appellant and to the authority of the determiner’s intention to proceed to a decision notwithstanding that no representations have been submitted within that period.
Signed by authority of the Secretary of State for the Environment
Robert Jones
Minister of State,
Department of the Environment
12th March 1997
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
13th March 1997


text:
Citation and interpretation
1
1
This Order may be cited as the Housing Act 1996 (Commencement No.6 and Savings) Order 1997.
2
In this Order “the commencement date” means 12th February 1997.
Commencement and Savings
2
The following provisions of the Act shall come into force on the commencement date, subject to the savings in the Schedule to this Order —
sections 124 to 128,
section 129(1), (2), (5) and (6),
sections 130 to 134,
sections 136 and 137,
section 138(1) to (3),
section 141(1),
sections 144 to 146, and
section 147 to the extent that it is not already in force.


text:
Commencement and citation
1
This Order may be cited as The A41 Trunk Road (Camden) Red Route (Bus Lanes) Experimental Traffic Order 1997, and shall come into force on 31st January 1997.
Interpretation
2
In this Order–
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ; and
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “bus lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“dial-a-ride bus” means a vehicle —
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
g
“times of operation” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the times specified in that item in column (3) of that table;
h
“permitted vehicles” means, in relation to a length of road specified in an item in column (2) of the table in the schedule, the vehicles specified in that item in column (5) of that table;
i
an entry in column (3) , (4) or (5) of an item in the table in the schedule to this order applies to that column in subsequent items in that schedule.
Bus Lane Controls
3
1
No person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in the schedule to this order during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
The controls specified in paragraph (1) of this article do not apply so as to prevent a vehicle stopping in a bus lane for as long as may be necessary–
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other order.
Exemptions
4
1
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within the exemption to a restriction or prohibition imposed by any other order made under the Road Traffic Regulation Act 1984 or which is permitted by any other order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle stopping in a bus lane if the vehicle is being used in —
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane and in so far as the activity is not prohibited by the provisions of any other order made under the Road Traffic Regulation Act 1984.
3
The controls specified in article 3(1) do not apply in respect of–
a
a vehicle entering or stopping in a bus lane so as to avoid an accident;
b
a vehicle entering or stopping in a bus lane to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
a vehicle crossing a bus lane in order to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane;
d
a vehicle being in a bus lane to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane;
e
a vehicle being used for ambulance, fire brigade or police purposes;
f
a vehicle stopping in a bus lane if it has lawfully entered the bus lane and it has to stop —
i
by law;
ii
to avoid an accident;
iii
in circumstances beyond the drivers control;
g
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
TRO219
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
20th January 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 3) Regulations 1997 and shall come into force on 6th April 1997.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 and “Schedule 1” means Schedule 1 to the principal Regulations (containing the provisions of the Income Tax (Employments) Regulations 1973 as (with extensions and modifications) they apply to earnings-related contributions and Class 1A contributions under the Social Security Contributions and Benefits Act 1992 ).
Amendment of regulation 19 of the principal Regulations
2
1
Paragraph (1) of regulation 19 of the principal Regulations (payments to be disregarded) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraphs (w) and (x) for “pilot”, substitute “(including a pilot)”.
3
After sub-paragraph (y), add —
z
a payment by way of an allowance —
i
which by virtue of section 319 of the Income and Corporation Taxes Act 1988 (Crown Servants: foreign service allowance) is not regarded as income for any income tax purpose; or
ii
made to any person in the service of the Commonwealth War Graves Commission or the British Council with a view to compensating him for the extra cost of having to live outside the United Kingdom in order to perform his duties.
.
Amendment of Schedule 1
3
In regulation 26D(5)(b) of Schedule 1 (payment of Class 1A contributions on succession to, or cessation of, business) for “6th April or 6th May”, substitute “6th April, 6th May or 6th June”.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
13th March 1997
The Commissioners of Inland Revenue hereby concur.
A. M. W. Battishill
G. H. Bush
Two of the Commissioners of Inland Revenue
13th March 1997