text:
PART I
GENERAL
Citation, commencement and revocation
1
1
These Regulations may be cited as the Merchant Shipping (Tonnage) Regulations 1997 and shall come into force on 11th July 1997.
2
The following Regulations are hereby revoked —
a
the Merchant Shipping (Tonnage) Regulations 1982 ; and
b
the Merchant Shipping (Tonnage) (Amendment) Regulations 1988 .
Definitions
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Merchant Shipping Act 1995;
“Administration” means the Government of the state whose flag the ship is flying;
“amidships” means the mid-point of the length, except in the case of a ship of less than 24 metres in length when it means the mid-point of the length overall;
“breadth” means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material;
“break” means the space bounded longitudinally by a side to side upward step in the lowest line of the upper deck and another such step or the end of the ship, transversely by the sides of the ship and vertically by the higher part of the deck and the lowest line of the upper deck continued parallel thereto;
“cargo spaces” means enclosed spaces which are appropriated for the transport of cargo to be discharged from the ship;
“Certifying Authority” means the Secretary of State or any person authorised by the Secretary of State for the purposes of these Regulations;
“Contracting Government” means the Government of a country which has accepted the Convention;
“Convention” means the International Convention on Tonnage Measurement of Ships, 1969 ;
“enclosed spaces” means all those spaces, other than excluded spaces, which are bounded by the ship’s hull, by fixed or portable partitions or bulkheads or by decks or coverings other than permanent or moveable awnings. No break in a deck, nor any opening in the ship’s hull, in a deck or in a covering of a space, or in the partitions or bulkheads of a space, nor the absence of a partition or bulkhead, shall preclude a space from being included in the enclosed spaces and, for the purposes of this definition, “excluded spaces” means, subject to sub-paragraph (f) below, any of the spaces specified in sub-paragraphs (a) to (e) below —
that part of an enclosed space within an erection opposite an end opening and extending from the opening to an athwartship line at a fore and aft distance from the opening equal to half the breadth of the deck at the line of the opening. Such end opening shall have a breadth equal to or greater than 90 per cent of the breadth of the deck at the line of the opening and shall extend from deck to deck or to a curtain plate of a depth not exceeding by more than 25 millimetres the depth of the adjacent deck beams, as specified in Figure 1 of Schedule 1: provided that —
where at any point the width of the enclosed space , because of any arrangement except convergence of the outside plating, as specified in Figure 3 of Schedule 1, becomes less than 90 per cent of the breadth of the deck at the line of the opening, the excluded space shall extend only to an athwartship line intersecting that point, as specified in Figures 2 and 4 of Schedule 1;
where the opposite ends of two enclosed spaces are separated by a gap, which is completely open except for bulwarks or open rails and of fore and aft length less than half the least breadth of the deck at the gap, then no part of the enclosed spaces shall be excluded, as specified in Figures 5 and 6 of Schedule 1;
a space under an overhead deck covering open to the sea and weather having no other connection on the exposed sides with the body of the ship than the stanchions necessary for its support. In such a space, open rails or a bulwark and curtain plate may be fitted or stanchions fitted at the ship’s side, provided that the distance between the top of the rails or the bulwark and the curtain plate is not less than 0.75 metres or one-third of the height of the space, whichever is the greater, as specified in Figure 7 of Schedule 1;
a space in a side-to-side erection between opposite side openings not less in height than 0.75 metres or one-third of the height of the erection whichever is the greater. If the opening in such an erection is provided on one side only, the space to be excluded from the volume of enclosed spaces shall be limited inboard from the opening to a maximum of one half of the breadth of the deck in way of the opening, as specified in Figure 8 of Schedule 1;
a space in an erection immediately below an uncovered opening in the deck overhead, provided that such an opening is exposed to the weather and the space excluded from enclosed spaces is limited to the area of the opening, as specified in Figure 9 of Schedule 1;
a recess in the boundary bulkhead of an erection which is exposed to the weather and the opening of which extends from deck to deck without means of closing, provided that the interior width is not greater than the width at the entrance and its extension into the erection is not greater than twice the width of its entrance, as specified in Figure 10 of Schedule 1;
notwithstanding the provisions of subparagraphs (a) to (e) inclusive, any space listed in those subparagraphs which fulfills at least one of the following conditions shall be treated as an enclosed space —
the space is fitted with shelves or other means for securing cargo or stores;
the openings are fitted with any means of closure;
the construction provides any possibility of such openings being closed;
“length” means the greater distance of the following distances —
the distance between the fore side of the stem and the axis of the rudder stock; or
96 per cent of the distance between the fore side of the stem and the aft side of the stern;
the points and measurements being taken respectively at and along a waterline at 85 per cent of the least moulded depth of the ship. In the case of a ship having a rake of keel the waterline shall be parallel to the designed waterline;
“length overall” means the distance between the foreside of the foremost fixed permanent structure and the afterside of the aftermost permanent structure;
“ Load Line Rules ” means the Merchant Shipping (Load Line) Rules 1968 ; or in relation to any ship not registered in the United Kingdom any corresponding rules of the country in which the ship is registered;
“moulded depth”, and in the case of a ship of less than 24 metres “depth”, means the vertical distance measured from the top of the keel of a metal ship, or in wood and composite ships from the lower edge of the keel rabbet, to the underside of the upper deck at side, or, in the case of a ship which is not fully decked, to the top of the upper strake or gunwale, provided that —
where the form at the lower part of the midship section is of a hollow character, or where thick garboards are fitted, the distance is measured from the point where the line of the flat of the bottom continued inwards cuts the side of the keel;
in the case of a glass reinforced plastic ship where no keel member is fitted and the keel is of open trough construction, the distance is measured from the top of the keel filling, if any, or the level at which the inside breadth of the trough is 100 millimetres, whichever gives the lesser depth;
in ships having rounded gunwales, the distance is measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwales were of angular design; and
where the upper deck is stepped and the raised part of the deck extends over the point at which the moulded depth is measured, the distance is measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part; and for the purposes of this definition —
“upper deck” means the uppermost complete deck exposed to weather and sea, which has permanent means of weathertight closing of all openings in the weather part thereof, and below which all openings in the sides of the ship are fitted with permanent means of watertight closing. In a ship having a stepped upper deck, the lowest line of the exposed deck and the continuation of that line parallel to the upper part of the deck is taken as the upper deck; and
“weathertight” means that in any sea conditions water will not penetrate into the ship;
“moulded draught” means —
for ships assigned load lines in accordance with the Load Line Rules, the draught corresponding to the Summer Load Line (other than timber load lines);
for passenger ships, the draught corresponding to the deepest subdivision load line assigned in accordance with the Merchant Shipping (Passenger Ship Construction) Regulations 1980 or the Merchant Shipping (Passenger Ship Construction) Regulations 1984 , whichever is applicable;
for ships to which no load line has been assigned but the draught of which is restricted by the Secretary of Sate, the maximum permitted draught; and
for other ships, 75 per cent of the moulded depth amidships;
“non-United Kingdom ship” means a ship which is not a United Kingdom ship within the meaning of section 85(2) of the Act;
“oil tanker” means a ship constructed or adapted to carry oil in bulk in its cargo spaces and includes combination carriers. For the purposes of this definition “combination carrier” means a ship designed to carry either oil or solid cargoes in bulk;
“passenger” means any person carried in a ship except —
a person employed or engaged in any capacity on board the ship on the business of the ship;
a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner nor the charterer (if any) could have prevented; and
a child under one year of age;
“pleasure vessel” means —
a vessel which at the time it is being used is —
in the case of a vessel wholly owned by an individual or individuals, used only for the sport or pleasure of the owner or immediate family or friends of the owner; or
in the case of a vessel owned by a body corporate, used only for sport or pleasure and on which the persons are employees or officers of the body corporate, or their immediate family or friends; and
on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or
any vessel wholly owned by or on behalf of a members' club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family; and for the use of which any charges levied are paid into club funds and applied for the general use of the club; and
in the case of any vessel referred to in paragraphs (a) or (b) above no other payments are made by or on behalf of users of the vessel, other than by the owner;
and, for the purposes of this definition, “immediate family” means in relation to an individual, the husband or wife of the individual and a relative of the individual or the individual’s husband or wife, and “relative” means brother, sister, ancestor or lineal descendant;
“similar stage of construction” means the stage at which —
construction identifiable with a specific ship begins; and
assembly of that ship has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural material whichever is the less;
“surveyor” means a surveyor appointed by a Certifying Authority.
2
In these Regulations —
a
a reference to a numbered Part is, unless otherwise stated, a reference to the Part of that number in these Regulations;
b
a reference to a numbered regulation is, unless otherwise stated, a reference to the regulation of that number in these Regulations;
c
a reference in a regulation to a numbered paragraph is, unless otherwise stated, a reference to the paragraph of that number in that regulation; and
d
a reference to a numbered Schedule is, unless otherwise stated, a reference to the Schedule of that number in these Regulations.
PART II
APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR UNITED KINGDOM SHIPS OF 24 METRES IN LENGTH AND OVER
Application
3
This Part applies to ships, being ships of 24 metres in length or over, registered or to be registered in the United Kingdom under Part II of the Act and for which the ascertainment of tonnage is required under Regulations made under section 10 of the Act.
Method of measurement
4
1
A ship shall be measured by a surveyor.
2
The gross and net tonnages shall be determined in accordance with regulations 6 and 7 provided that in the case of novel types of craft with constructional features which render the application of the provisions of these Regulations unreasonable or impracticable, the gross and net tonnages shall be determined as required by the Secretary of State.
3
All measurements used in the calculations of volumes shall be taken and expressed in metres to the nearest one hundredth of a metre.
4
Gross and net tonnages shall be expressed as whole numbers, decimals being rounded off downwards.
Calculation of volumes
5
1
All volumes included in the calculation of gross and net tonnages shall be measured, irrespective of the fitting of insulation or the like, to the inner side of the shell or structural boundary plating in ships constructed of metal, and to the outer surface of the shell or to the inner side of the structural boundary surfaces in ships constructed of any other material.
2
Volumes of appendages shall be included in the total volume.
3
Volumes of spaces open to the sea shall be excluded from the total volume.
4
The method and accuracy of the calculations shall be sufficiently detailed to facilitate checking.
Gross tonnage
6
The gross tonnage ( GT ) of a ship shall be determined by the following formula —
GT = K 1 V
where —
V
total volume of all enclosed spaces of the ship in cubic metres; and
K 1
0.2 + 0.02 log 10 V, as specified in Schedule 2;
Net tonnage
7
The net tonnage ( NT ) of a ship shall be determined by the following formula —
NT = K 2 V c ( 4d 3D ) 2 + K 3 ( N 1 + N 2 10 )
where —
V c
total volume of cargo spaces in cubic metres;
K 2
0.2 + 0.02 log 10 V c , as specified in Schedule 2.
K 3
1.25 GT + 10 , 000 10 , 000
GT
gross tonnage calculated in accordance with regulation 6;
D
moulded depth amidships in metres;
d
moulded draught amidships in metres;
N 1
number of berths for passengers in cabins with not more than 8 berths; and
N 2
number of other passengers who may be accommodated on the ship;
provided that —
the factor —
( 4d 3D ) 2
shall not be taken as greater than unity;
the term —
K 2 V c ( 4d 3D ) 2
shall not be taken as less than 0.25 GT;
N 1 and N 2 shall be taken as zero when N 1 + N 2 is less than 13; and
NT shall not be taken as less than 0.30 GT.
Segregated ballast oil tankers
8
Where segregated ballast tanks complying with Regulation 13 of Annex 1 of the International Convention for the Prevention of Pollution from Ships 1973 , as modified by the Protocol of 1978 relating to that Convention, are provided in oil tankers, an entry may be made on the International Tonnage Certificate (1969) indicating the total tonnage of these tanks. The tonnage of such segregated ballast shall be calculated according to the following formula —
K 1 × V b
where —
K 1
0.2 + 0.02 log 10 V, as specified in Schedule 2;
V
the total volume of all enclosed spaces of the ship in cubic metres; and
V b
the total volume of segregated ballast tanks in cubic metres measured in accordance with regulation 5.
Issue of certificates
9
If it is in order to do so, the Certifying Authority shall issue to the owner an International Tonnage Certificate (1969) in the form set out in the Convention certifying the tonnages of the ship and containing the particulars to be shown thereon. The official number of the ship shall be included as a distinctive number.
Cancellation of certificates
10
1
Where alterations are made in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry under the terms of the ship’s passenger certificate, assigned load line, or permitted draught of the ship such as would cause an increase in the gross or net tonnage, the existing International Tonnage Certificate (1969) shall cease to be valid and shall be delivered up to and cancelled by the Certifying Authority.
2
When a ship is transferred from the United Kingdom Register the International Tonnage Certificate (1969) shall cease to be valid except when the transfer is to the Administration of a state which is a Contracting Government, in which case the certificate may remain in force for a period not exceeding 3 months or until the new Administration issues another International Tonnage Certificate (1969), whichever is the earlier. The Certifying Authority shall transmit to the Administration of that Government as soon as possible after the transfer has taken place a copy of the certificate carried by the ship at the time of transfer and a copy of the relevant tonnage calculations.
Change of net tonnage necessitating issue of certificate
11
1
When alterations in the values of V, V c , d, N 1 or N 2 as defined in regulations 6 and 7 result in an increase in the net tonnage a new International Tonnage Certificate (1969) incorporating the increased net tonnage shall be issued.
2
In the case of a passenger ship assigned subdivision load lines in accordance with the Merchant Shipping (Passenger Ship Construction) Regulations 1980 or the Merchant Shipping (Passenger Ship Construction) Regulations 1984 and load lines in accordance with the Load Line Rules only one net tonnage shall be applied. Where the draught corresponding to the Summer load line differs from that corresponding to the deepest subdivision load line the net tonnage shall, subject to paragraph (3)(a), be that determined in accordance with regulation 7 by applying the draught corresponding to the appropriate assigned load line for the trade in which the ship is engaged.
3
a
Subject to subparagraph (b) below, where alterations in the values of V, V c , d, N 1 or N 2 , as defined in regulations 6 and 7, or changes in the position of the load lines result in a decrease in the net tonnage, a new International Tonnage Certificate (1969) incorporating the decreased net tonnage shall not be issued until 12 months have elapsed from the date on which the current certificate was issued.
b
A new International Tonnage Certificate (1969) may be issued forthwith when —
i
a ship which was registered outside the United Kingdom is re-registered in the United Kingdom;
ii
a ship undergoes alterations or modifications of a major character such as the removal of a superstructure, which requires an alteration of the assigned load line; or
iii
the ship is a passenger ship employed in special trades for carriage of large numbers of special trade passengers, such as the pilgrim trade.
Use of gross tonnage ascertained under previous Regulations
12
1
In the case of a ship —
a
which is a ship the keel of which was laid or which was at a similar stage of construction before 18th July 1982; or
b
which is a ship the keel of which was laid or which was at a similar stage of construction not later than 31st December 1985, not being a ship referred to in subparagraph (a); or
c
which is a cargo ship of less than 1600 tons gross tonnage when ascertained in accordance with the provisions of Schedule 5 and Appendices 1 to 4 thereto of the Merchant Shipping (Tonnage) Regulations 1982, the keel of which was laid or which was at a similar stage of construction before 18th July 1994, not being a ship referred to in subparagraph (a);
the Secretary of State may permit the continuing use of a gross tonnage additionally ascertained in accordance with the provisions of Schedule 5 and Appendices 1 to 4 thereto of the Merchant Shipping (Tonnage) Regulations 1982 for the purpose of the application of the provisions of regulations implementing the International Convention for the Safety of Life at Sea 1974 , the Protocol of 1978 relating to that Convention , the International Convention for the Prevention of Pollution from Ships, 1973, the Protocol of 1978 relating to that Convention and the International Convention on Standards of Training, Certification and Watchkeeping of Seafarers, 1978 , as amended on 7th July 1995.
2
An International Tonnage Certificate (1969) may be annotated, under “Remarks”, by the Certifying Authority —
a
in the case of ship to which paragraph (1)(a) refers, with the duly completed and signed entry —
The ship is remeasured according to article 3(2)(d) of the 1969 Tonnage Convention.
The GROSS TONNAGE according to the measurement system previously in force to the measurement system of the International Convention on Tonnage Measurement of Ships, 1969, is: RT, according to the regulations
; and
b
in the case of a ship to which paragraph (1)(b) or (c) refers, with the duly completed and signed entry —
The ship is additionally measured according to resolution A. 494( XII ).
The GROSS TONNAGE according to the measurement system previously in force to the measurement system of the International Convention on Tonnage Measurement of Ships, 1969, is: RT, according to the regulations
.
3
Where such an entry has been made on an International Tonnage Certificate (1969) and the ship undergoes alterations or modifications which affect its tonnage the old tonnage referred to in paragraph (1) shall be deleted.
4
Where a gross tonnage has been ascertained and is to be used in accordance with paragraph (1), then any certificate issued for the purposes of the conventions and protocols referred to shall record only that gross tonnage together with an appropriate footnote —
The above gross tonnage has been determined by a Certifying Authority (a tonnage authority) of the United Kingdom in accordance with the national tonnage rules which were in force prior to the coming into force of the International Convention on Tonnage Measurement of Ships, 1969.
; or
See REMARKS column of the valid International Tonnage Certificate (1969)
.
PART III
APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR UNITED KINGDOM SHIPS OF LESS THAN 24 METRES IN LENGTH, OTHER THAN FISHING VESSELS
Application
13
1
This Part shall apply to ships, being ships of less than 24 metres in length, and not being fishing vessels, registered or to be registered under Part II of the Act and for which the ascertainment of tonnage is required under Regulations made under section 10 of the Act.
Measurement and certification
14
1
A ship shall be measured by a surveyor or by a measurer appointed by an organisation authorised by the Secretary of State.
2
The tonnage of a ship shall be the sum of —
a
the product of multiplying together its length overall, extreme breadth over the outside hull and depth in metres and multiplying the resultant figure by 0.16; and
b
the tonnage of any break or breaks, calculated for each break by multiplying together its mean length, mean breadth and mean height in metres and multiplying the resultant figure by 0.35.
3
For the purpose of this Part —
a
the breadth of a ship shall be its extreme breadth over the outside plating, planking or hull, no account being taken of rubbers or fenders even if they are moulded so as to be integral with the hull;
b
the depth of a ship shall be measured vertically at the midpoint of the length overall.
i
The upper terminal point for depth shall be —
aa
in the case of a decked ship, the underside of the deck on the middle line or, if there is no deck on the middle line at the point of measurement, the underside of the deck at the side of the ship plus the full deck camber;
bb
in the case of an open ship, the top of the upper strake or gunwale.
ii
The lower terminal point of depth shall be —
aa
in the case of a wooden ship, the upper side of the plank at the side of the keel or hog;
bb
in the case of a metal ship, the top of the plating at the side of the keel;
cc
in the case of a glass reinforced plastic ship, the inside of the hull. Where no keel member is fitted and the keel is of open trough construction, the lower terminal point for depth shall be the top of the keel filling, if fitted, or the level at which the inside breadth of the trough is 10 centimetres, whichever gives the greater depth.
iii
Where a break exists in way of the point of measurement for depth, the height of the break shall not be included in the measurement of depth.
4
The tonnage determined in accordance with paragraph (2) shall be the gross tonnage and net tonnage.
5
In the case of a multi-hull ship the tonnage of each hull shall be measured separately and the sum of such tonnages shall be used in computing the tonnage referred to in paragraph (2).
6
All measurements used in the calculations of volumes shall be taken and expressed in metres to the nearest one hundredth of a metre.
7
Tonnage shall be expressed to two decimal places, the second decimal place being increased by one if the third decimal place is 5 or more.
8
On completion of the measurement the surveyor or measurer, as the case may be, shall forward to the Secretary of State a Certificate of Measurement in a form approved by the Secretary of State.
9
Where alterations are made in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry under the terms of the ship’s passenger certificate, assigned load line, or permitted draught of the ship such as would cause an increase in the tonnage, the existing measurement shall cease to be valid, any certificate shall be delivered up to and cancelled by the issuer and the owner of the ship shall make an application for it to be remeasured in accordance with paragraph (1).
10
Notwithstanding paragraph (2) nothing in this Part shall be taken to require any ship the tonnage of which was validly determined under the law in force immediately before the coming into force of these Regulations to have its tonnage re-determined.
PART IV
NON-UNITED KINGDOM SHIPS
Ascertainment of tonnage and certification
15
1
The Secretary of State may , at the request of the Administration of a Contracting Government, ascertain the gross and net tonnages of a non-United Kingdom ship in accordance with Part II and issue to the owner an International Tonnage Certificate (1969). In such cases the certificate shall be endorsed to the effect that it has been issued at the request of the Government of the state whose flag the ship is or will be flying, and a copy of the certificate and the calculations of the tonnages shall be transmitted to the requesting Government as soon as possible.
2
The Certifying Authority may, at the request of an owner of a non-United Kingdom ship flying the flag of a State whose Government is not a Contracting Government, ascertain the gross and net tonnages of the ship in accordance with Part II and issue a Certificate of British Tonnage measurement. In such a case the certificate shall bear the endorsement “for use only whilst within United Kingdom waters”.
PART V
PENALTIES
Penalties
16
Any owner or master who fails without reasonable cause to deliver up a certificate for cancellation as required by regulations 10(1) or 14(9) shall be guilty of an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale.
Signed by authority of theSecretary of State for Transport
Glenda Jackson
Parliamentary Under-Secretary of State,
Department of Transport
7th June 1997


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Knives Act 1997 (Commencement) (No. 1) Order 1997.
2
Sections 1 to 7, 9 and 10 of the Knives Act 1997 shall come into force on 1st September 1997.
Alun Michael
Minister of State
Home Office
25th July 1997


text:
Commencement and citation
1
This Order may be cited as The A1 Trunk Road (Islington) Red Route Traffic Order 1993 Variation Order 1997, and shall come into force on 5th December 1997.
Variations
2
The A1 Trunk Road (Islington) Red Route Traffic Order 1993 is varied as provided by the following provisions of this Order.
3
Item 49 in part VI of Schedule 3 is deleted.
4
Item 50 in part VI of Schedule 3 is substituted as follows —
50
Between a point 10.5 metres south of the southern kerbline of White Lion Street and a point opposite the party wall of Nos 7 and 9 Islington High Street.
5
A new item 10A is added to part II of Schedule 3 as follows —
ISLINGTON HIGH STREET
West Side
10A
Between a point 3.0 metres north of the party wall of Nos 31 and 33-37 Islington High Street and a point 6.0 metres north of the northern kerbline of White Lion Street.
6
A new item 51A is added to Schedule 4 as follows —
51A
Between a point 6.0 metres north of the northern kerbline of White Lion Street and a point 10.5 metres south of the southern kerbline of White Lion Street.
TRO 272
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
21st November 1997


text:
1
This Order may be cited as the Broadcasting Act 1996 (Commencement No. 2) Order 1997.
2
In this Order, “the 1996 Act ” means the Broadcasting Act 1996.
3
The transfer date appointed for the purposes of section 128(2) of the 1996 Act shall be 1st April 1997.
4
The following provisions of the 1996 Act shall come into force on 1st April 1997: —
Section 73, so far as it is not yet in force
Section 85
Section 95
Sections 106 to 130
Section 147, so far as it is not yet in force
Section 148, so far as it is not yet in force
Schedule 2, so far as it is not yet in force
Schedule 3
Schedule 4
Schedule 10, so far as it is not yet in force
Schedule 11, so far as it is not yet in force.
Virginia Bottomley
Secretary of State for National Heritage
21st March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Miscellaneous Amendments) (No. 2) Regulations 1997 and shall come into force on 12th January 1998.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
2
In regulation 76A(4) of the Occupational Pension Schemes (Contracting-out) Regulations 1996 (transitional arrangements for schemes contracted-out under section 9(2) of the Pension Schemes Act 1993 to become contracted-out under section 9(3) of that Act) omit the words “or 31st January 1998, if it is earlier”.
Amendment of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996
3
In regulation 18 of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 1996 (aggregation of linked schemes) omit the words “or regulation 5(2)”.
Amendment of the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996
4
1
The Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996 shall have effect with the following amendments.
2
In regulation 28(1) (exemptions from minimum funding requirement) —
a
at the end of sub-paragraph (g) omit the word “or”;
b
at the end of sub-paragraph (h) add —
; or
i
to the Chatsworth Settlement Estate Pension Scheme.
.
3
In regulation 28(3) omit the words “at an applicable time (as defined in subsection (3) of that section)”.
4
After regulation 28(3) insert —
3A
Paragraph (3) shall apply in the case of a debt which has arisen under section 144 of the Pension Schemes Act 1993 (deficiencies in the assets of a scheme on winding up) as if it were a debt arising under section 75.
.
5
In regulation 29 (modifications) after paragraph (d) add —
e
schemes which are exempt from the requirement to appoint an actuary.
.
6
In Schedule 5 (modifications) after paragraph 6 add —
Schemes which are not required to appoint an actuary
7
Where a scheme is exempt from the application of section 47(1)(b) (requirement to appoint a scheme actuary) by virtue of regulations made under subsection (5) of that section , sections 56 to 60 and these Regulations shall apply as if references to the actuary were to an actuary authorised by the trustees or managers to provide such valuations or certifications as may be required under those sections and these Regulations.
.
Amendment of the Occupational Pension Schemes (Deficiency on Winding Up etc. ) Regulations 1996
5
In regulation 2(2) of the Occupational Pension Schemes (Deficiency on Winding Up etc.) Regulations 1996 (interpretation), before the definition of “the applicable time” insert —
“the actuary” means the actuary appointed for the scheme in pursuance of section 47(1)(b) or, in the case of a scheme to which that provision does not apply by virtue of regulations made under subsection (5) of that section, an actuary otherwise authorised by the trustees or managers to provide such valuations or certifications as may be required under these Regulations;
.
Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996
6
1
The Occupational Pension Schemes (Disclosure of Information) Regulations 1996 shall have effect with the following amendments.
2
In regulation 4(2) (requirement to disclose basic information about the scheme) for the words following “has not previously been given” substitute —
to an active member or a pensioner member who was a member of the scheme on 5th April 1997, such information shall be given to that person —
in the case of a pensioner member who was a deferred member on that date, within 2 months of his becoming a pensioner member or by 5th April 1998, whichever is later;
in any other case, by 5th April 1998.
.
3
In regulation 5(10) (information to be given to individuals on winding up) for the words “Subject to paragraph (11), when” substitute “When” .
Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations 1996
7
In regulation 5(2)(b)(i) of the Occupational Pension Schemes (Scheme Administration) Regulations 1996 (manner and terms of appointment and removal of professional advisers) —
a
after the word “who — ” insert —
— is subject to rules made under section 48 of the Financial Services Act 1986 , which impose requirements in relation to conflicts of interest, or
; and
b
omit the words “of Chapter III ”.
Amendment of the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations 1996
8
For paragraph 5 of the Schedule to the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations 1996 (contents of accounts) substitute —
5
Where the scheme has employer-related investments, within the meaning of section 40(2) of the Pensions Act 1995, a statement —
a
as to the percentage of the scheme’s resources invested in such investments at the end of the scheme year; and
b
if that percentage exceeds 5 per cent., as to the percentage of the scheme’s resources which are investments to which regulation 6 of the Occupational Pension Schemes (Investment) Regulations 1996 (investments to which restrictions on employer-related investments do not apply) applies.
.
Amendment of the Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996
9
1
The Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996 shall have effect with the following amendment.
2
After regulation 1 insert —
Persons entitled to benefits to be regarded as members for the purposes of section 146(7) of the 1993 Act
1A
For the purposes of section 146(7) of the 1993 Act (persons who are actual or potential beneficiaries) a person shall be regarded as a member of a scheme if he is, or has been, entitled to the payment of benefits under it.
.
Amendment of the Occupational Pension Schemes (Independent Trustee) Regulations 1997
10
In regulation 2 of the Occupational Pension Schemes (Independent Trustee) Regulations 1997 (additional requirement for independent trustee) for paragraph (b) substitute —
b
that the person is neither connected with, nor an associate of, a person who has an interest in the assets of the employer or of the scheme, otherwise than as a trustee of the scheme.
.
Amendment of the Register of Occupational and Personal Pension Schemes Regulations 1997
11
In regulation 3(2) of the Register of Occupational and Personal Pension Schemes Regulations 1997 (information to be contained in the register) for sub-paragraph (i) substitute —
i
where scheme benefits, or any of them, are secured by a contract of insurance or annuity contract issued by an insurance company which provides administration services to the scheme, the name and address of that insurance company;
.
Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997
12
In regulation 10(2) of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997 (notice under section 44(1) of the Pension Schemes Act 1993), after the words “6th April in the” where they first appear, insert the word “tax”.
Amendment of the Occupational Pension Schemes (Age-related Payments) Regulations 1997
13
The Occupational Pension Schemes (Age-related Payments) Regulations 1997 shall have effect with the following amendments.
2
In each of regulations 4 and 7 (age-related payments not to be paid if an earner’s age allows his admission only to a money purchase scheme) —
a
for “If” substitute
—
1
Subject to paragraph (2), if
;
b
after paragraph (1) add —
2
Paragraph (1) shall not apply if —
a
the rules of the schemes established by the employer allow an earner to be admitted to a scheme contracted-out under section 9(2), or the salary-related part of a relevant scheme, only when the earner has reached a specified age, and
b
on his admission to a scheme established by the employer, the earner has not reached that age.
.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
18th December 1997


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (South West Peak) Designation (Amendment) Order 1997 and shall come into force on 1st July 1997.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (South West Peak) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Rates of payment under agreement
4
In article 6 of the principal Order —
a
in paragraph (1) —
i
in sub-paragraph (b), for the amount “£40” there shall be substituted the amount “£45”;
ii
in sub-paragraph (d), for the amount “£40” there shall be substituted the amount “£42”;
b
in paragraph (2), in the table, in the right hand column —
i
for the figure “200” there shall be substituted the figure “170”, and
ii
for the figure “58” there shall be substituted the figure “62”;
c
in paragraph (3), for the amount “£3.50” there shall be substituted the amount “£4”.
Amendment to Schedule
5
In Schedule 5 (conservation plan operations) to the principal Order, after paragraph 8, there shall be inserted the following paragraph:
9
The creation or restoration of ponds.
.
Saving
6
The amendments made to the principal Order by article 4 of this Order shall not apply in respect of any payment to a farmer which relates wholly or in part to any period before 1st April 1997.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th June 1997
We consent,
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 1997


text:
1
1
This Order may be cited as the Dorset (Coroners) Order 1997 and shall come into force on 1st April 1997.
2
In this Order “the 1988 Act ” means the Coroners Act 1988 .
2
1
There shall be a single coroner’s district, called the Bournemouth, Poole and Eastern Dorset Coroner’s District, for the Counties of Bournemouth and Poole (which counties come into existence on 1st April 1997 by virtue of article 8(2) and (3) of the Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995 ) and for so much of the County of Dorset as is not included in the Western Dorset Coroner’s District.
2
The Council of the Borough of Bournemouth shall be the relevant council within the meaning of section 1(1A) of the 1988 Act for the coroner’s district constituted by paragraph (1) above.
3
The person who, at 31st March 1997, is the coroner for the existing Eastern Dorset Coroner’s District shall be deemed on 1st April 1997 to be appointed coroner for the coroner’s district constituted by paragraph (1) above.
4
Any agreement between the person to whom paragraph (3) above applies and Dorset County Council (as the relevant council for the purposes of section 1 of the 1988 Act prior to 1st April 1997) as to his salary and pension as a coroner shall be deemed on and after 1st April 1997 to have effect as if originally made between him and Bournemouth Borough Council.
5
Any person who, at 31st March 1997, is a deputy or assistant deputy coroner for the existing Eastern Dorset Coroner’s District shall be deemed on 1st April 1997 to be appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above.
3
1
On 1st April 1997, any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for the existing Eastern Dorset Coroner’s District shall be deemed to have been issued, made, given, begun or done by or to the coroner for the coroner’s district constituted by article 2(1) above.
2
All documents, exhibits, registers and other things in the custody of the coroner for the existing Eastern Dorset Coroner’s District in connection with inquests or post-mortem investigations shall be transferred to the coroner for the coroner’s district constituted by article 2(1) above.
3
In this article “coroner” includes any deputy coroner or assistant deputy coroner.
Tom Sackville
Parliamentary Under-Secretary of State
Home Office
21st February 1997


text:
Title and commencement
1
These Regulations may be cited as the Sheep Annual Premium (Amendment) Regulations 1997 and shall come into force on 4th December 1997.
Amendments to the Sheep Annual Premium Regulations 1992
2
The Sheep Annual Premium Regulations 1992 shall be amended by the insertion of the following paragraphs at the end of their regulation 3 —
3
In order to benefit from the specific aid provided for by Article 1 of Council Regulation 1323/90 in respect of a given marketing year a producer such as is specified in paragraph 1(a)(1)(b) of Commission Regulation 2700/93 shall submit the specific declaration referred to therein in respect of that marketing year by submitting to the competent authority an area aid application for the calendar year corresponding with the said marketing year under Article 6 of Council Regulation 3508/92 as if Article 4(5) of Commission Regulation 3887/92 did not apply to his case.
4
In paragraph (3) of this regulation —
a
“Commission Regulation 3887/92” means Commission Regulation ( EEC ) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes , as last amended by Commission Regulation ( EC ) No. 2015/95 ;
b
“Commission Regulation 2700/93” means Commission Regulation (EEC) No. 2700/93 on detailed rules for the application of the premium in favour of sheepmeat and goatmeat producers , as last amended by Commission Regulation (EC) No. 1526/96 ;
c
“Council Regulation 1323/90” means Council Regulation (EEC) No. 1323/90 instituting specific aid for sheep and goat farming in certain less-favoured areas of the Community , as last amended by Commission Regulation (EC) No. 40/96 ;
d
“Council Regulation 3508/92” means Council Regulation (EEC) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes , as last amended by Council Regulation (EC) No. 2466/96 .
.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
13th October 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
13th October 1997


text:
Citation and commencement
1
These Regulations may be cited as the Minibus and Other Section 19 Permit Buses (Amendment) Regulations 1997 and shall come into force on 1st January 1998.
Amendment of conditions to be fulfilled by driver of bus
2
In regulation 3(2) of the Minibus and Other Section 19 Permit Buses Regulations 1987 , for paragraphs (b) and (c) there shall be substituted —
b
has held such a licence for a period of, or periods amounting in aggregate to, not less than 2 years,
c
is 21 years of age or over,
cc
if he is 70 years of age or over, is not suffering from a relevant disability in respect of which the Secretary of State would be bound to refuse to grant him a licence authorising the driving of a class of vehicles in sub-category D1, and
.
Signed by authority of the Secretary of State for Transport
Helene Hayman
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
8th December 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Royal Parks and Other Open Spaces Regulations 1997 and shall come into force on 1st October 1997.
2
In these Regulations: —
“constable” includes a park constable within the meaning of section 3 of the Parks Regulation Act 1872 as amended by the Parks Regulation (Amendment) Act 1974 ;
“Palace” means Buckingham Palace, Hampton Court Palace or St. James’s Palace;
“Park” means an area of land described in Schedule 1 to these Regulations;
“Park road” means a road, which is for the time being open to vehicular traffic, in a Park;
“taxi” means a vehicle licensed under section 6 of the Metropolitan Carriage Act 1869 ;
“the public speaking area” means that part of Hyde Park bounded by Cumberland Gate and North Carriage Drive on the north, Stanhope Walk on the west, Grosvenor Walk on the south, and the Broad Walk on the east, including the area known as Speakers' Corner;
“the riding ways” means —
in relation to Hyde Park, the Park roads therein and the horse rides known as the Dorchester Ride, the Ladies' Mile, the New Ride, the North Ride, Rotten Row and the Serpentine Ride, and
in relation to St. James’s and The Green Parks, the Park roads therein and the horse rides known as Constitution Hill Ride and the Mall Ride.
Restriction on use of a Park
2
No person, without the written permission of the Secretary of State, shall —
1
be in a Park, or any part thereof, at a time when that Park or part thereof is not open to the public;
2
except in an emergency, land a helicopter or other aircraft in a Park or enter a Park therefrom; or
3
permit any animal of which he is in charge to be in any Park or part thereof in contravention of a notice exhibited by order of the Secretary of State.
Acts prohibited in a Park
3
Subject to the provisions of regulation 6, no person using a Park shall —
1
intentionally or recklessly interfere with the safety, comfort or convenience of any person using a Park in accordance with these Regulations;
2
deposit waste, litter or any other article into, or do any act which pollutes or is likely to pollute water in, any fountain, lake, pond or river;
3
drop or leave litter or refuse except in a receptacle provided for the purpose;
4
use —
a
any pedal cycle, or
b
any roller skate, roller blade, skate board or other foot-propelled device
except on a Park road or in an area designated and marked as being for that purpose by the Secretary of State;
5
fail to keep any animal of which he is in charge under control or on a lead —
a
after having been required by a constable to do so, or
b
in contravention of a notice exhibited by order of the Secretary of State;
6
permit any animal of which he is in charge to foul any pathway or mown lawn;
7
permit any animal of which he is in charge to be tethered or to graze;
8
fail to remove any animal of which he is in charge from a Park or place in that Park after having been required by a constable to do so;
9
fail to comply with any direction for the regulation or control of —
a
horses or pedal cycles, or
b
roller skates, roller blades, skate boards or other foot-propelled devices
given by a constable or by a notice exhibited by order of the Secretary of State;
10
a
ride any animal,
b
drive or ride any vehicle, or
c
use any pedal cycle, roller skate, roller blade, skate board or other foot-propelled device
in any manner that endangers or is likely to endanger any person;
11
a
use a pedal cycle (other than when it is parked), or
b
drive or ride a vehicle
between sunset and sunrise, or in seriously reduced visibility between sunrise and sunset, unless it is lit in accordance with the Road Vehicles (Lighting) Regulations 1989 , and for the purposes of this regulation references in the Road Vehicles (Lighting) Regulations 1989 to a road shall be deemed to be references to a Park road or any other area designated and marked as being an area in which a pedal cycle may be used;
12
drive or ride any vehicle off a Park road except —
a
for the purpose of parking that vehicle in a place reserved for that purpose by the Secretary of State,
b
an invalid carriage, or
c
a vehicle in use for the purpose of transacting business with any person either residing in a Palace or Park or using land therein under licence from the Secretary of State
provided in the case of sub-paragraphs (b) and (c) above that the said vehicle is not driven at a speed exceeding 15 m.p.h.;
13
in contravention of a notice exhibited by order of the Secretary of State, or after having been required by a constable not to do so —
a
play any game or engage in any form of sport or exercise,
b
use any kite or model aircraft or any mechanically propelled or operated model, or
c
skate or otherwise go on any ice;
14
fail, when in the public speaking area in Hyde Park, to comply with a direction given by a constable to move from some place in that area or to leave the area;
15
fail to move any chair, stand or platform in the public speaking area in Hyde Park in accordance with a direction given by a constable;
16
fail to comply with a reasonable direction given by a constable to leave a Park or any part thereof.
Acts in a Park for which written permission is required
4
Unless the Secretary of State’s written permission has first been obtained, no person using a Park shall —
1
interfere with any plant or fungus;
2
go on any flower bed or shrubbery, or on any area of a Park access to which is prohibited by a notice exhibited by order of the Secretary of State;
3
use or operate a metal or mineral detector or any device for locating objects below ground level;
4
attach any article to, climb or interfere with any tree, railing, fence, statue, seat, building or structure;
5
interfere with any notice or sign;
6
carry on any trade or business in a Park, offer anything for sale or hire or expose or have in his possession anything for the purpose of sale or hire therein;
7
use language which publicly intimates that any article, commodity, facility or service can be obtained in a Park or elsewhere;
8
exhibit any notice or advertisement or any other written or pictorial matter;
9
play or cause to be played a musical instrument;
10
use any apparatus for the transmission, reception, reproduction or amplification of sound, speech or images, except apparatus designed and used as an aid to defective hearing, or apparatus used in a vehicle so as not to produce sound audible to a person outside that vehicle, or apparatus used where the sound is received through headphones;
11
discharge any weapon which is a firearm within the meaning of section 57 of the Firearms Act 1968 , or project any missile manually or by artificial means;
12
camp or erect or cause to be erected any tent or enclosure;
13
wash or dry any piece of clothing or linen;
14
collect or solicit money or any other gift;
15
make or give a public speech or address except in the public speaking area in Hyde Park;
16
unless for the purpose for which it is provided, interfere with or remove any lifebelt, lifeline or lifesaving aid or fixture;
17
organise or take part in any assembly, display, performance, representation, parade, procession, review or theatrical event;
18
take photographs of still or moving subjects for the purpose of or in connection with a business, trade, profession or employment or any activity carried on by a body of persons whether corporate or unincorporate;
19
intentionally obstruct or otherwise interfere with free passage on any road, riding way or path;
20
fish, take any egg, or intentionally injure or worry any animal or bird;
21
cause or permit any animal or bird of which he is in charge to chase, worry or injure any other animal or bird;
22
boat or bathe or otherwise enter any fountain, lake, pond or river, unless —
a
in a place for the time being marked by buoys or other means as appointed for that purpose, and
b
in accordance with any direction for the control of such activities given by a constable, or by a notice exhibited by order of the Secretary of State;
23
sail any model except on Adam’s Pond in Richmond Park, on the Heron Pond in Bushy Park, on the Rick Pond in Hampton Court Park, or on the Round Pond in Kensington Gardens;
24
feed or touch any deer or pelican;
25
ride any animal except —
a
in Bushy Park,
b
on the road between Blackheath Gate and St. Mary’s Gate in Greenwich Park,
c
on the riding ways in Hyde Park or St. James’s and The Green Parks,
d
on the road between Queen’s Gate and Coalbrookdale Gate in Kensington Gardens,
e
on the roads in The Regent’s Park, or
f
in Richmond Park;
26
cause or permit any animal to be in a place for the time being marked by buoys or other means as reserved for bathing or to be in any boat on any water in a Park;
27
drive or ride any vehicle which is constructed, adapted or in use for the purpose of a trade or business except as specified in Part I of Schedule 2 to these Regulations;
28
drive or ride any vehicle on a Park road in excess of the speed specified in relation to that road in Part II of Schedule 2 to these Regulations;
29
tow or leave any caravan;
30
unless in an emergency, cause any vehicle to wait, or leave any vehicle unattended, in a place other than one for the time being appointed for the parking of a vehicle of that description by the Secretary of State.
General
5
Where a constable has reasonable ground for belief that a person has contravened any one or more of these Regulations, that person shall give on demand his name and address to that constable.
6
1
The provisions of this regulation shall have effect —
a
where an officer, servant or agent of the Secretary of State is acting in the performance of his duty to secure the proper management of a Park or the preservation of order and prevention of abuses therein, or
b
where a constable or a member of the armed forces or of any fire brigade or ambulance service is acting in the performance of his duty.
2
Any such person mentioned in paragraph (1) above does not, by reason of any failure to comply with any notice exhibited by order of the Secretary of State, contravene regulation 3(5), (9) or (13)(c) above, and is for the purpose of regulations 2 and 4 above hereby granted permission to do any act mentioned in those regulations.
Revocation
7
The Trafalgar Square Regulations 1952 and the Royal and other Parks and Gardens Regulations 1977 are hereby revoked.
Chris Smith
Secretary of State for National Heritage
20th August 1997


text:
1
These Regulations may be cited as the Air Navigation (General) (Amendment) Regulations 1997 and shall come into force on 27th March 1997.
2
The Air Navigation (General) Regulations 1993 shall be amended as follows:
1
After regulation 18(1) there shall be inserted the following:
1A
For the purposes of article 42(2) of the Air Navigation (No. 2) Order 1995, the following height keeping performance capability is hereby prescribed, that is to say, a capability to ensure that:
a
altimetry system error shall be in compliance with paragraph 2.1.1(2) of Document 7030/4-NAT Part 1 Rules of the Air, Air Traffic Services and Search and Rescue ( ICAO Regional Procedures Fourth Edition — 1987); and
b
i
in respect of aircraft first registered in a Contracting State on or after 1st January 1997 altitude can be automatically controlled within a tolerance band of +/−65 feet;
ii
in respect of aircraft first registered in a Contracting State before 1st January 1997 altitude can be automatically controlled within a tolerance band of +/−130 feet.
2
In regulation 18(2), for “from flight level 275 to flight level 400” there shall be substituted “from flight level 285 to flight level 420”.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
14th March 1997


text:
Citation, commencement and application
1
1
This Order may be cited as the Bedfordshire County Council (Borough of Luton) (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 Bedfordshire (Borough of Luton) (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 Bedfordshire County Council (Borough of Luton) (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 Luton Borough Council, one copy with the Bedfordshire 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 Bedfordshire County Council;
b
whose employment would continue but for the transfer of functions to the Borough of Luton; 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 Luton 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
24th February 1997


text:
Citation and commencement
1
1
This Order may be cited as the Oxleas National Health Service Trust (Transfer of Trust Property) Amendment Order 1997 and shall come into force on 9th December 1997.
2
In this Order, “that Order” means the Oxleas National Health Service Trust (Transfer of Trust Property) Order 1997 .
Amendment of NHS trust Transfer of Trust Property Order
2
1
The title of that Order shall be “The Oxleas National Health Service Trust (Transfer of Trust Property) (No. 2) Order 1997”.
2
In Article 1(1) of that Order, for the words “the Oxleas National Health Service Trust (Transfer of Trust Property) Order 1997”, there shall be substituted the words “the Oxleas National Health Service Trust (Transfer of Trust Property) (No. 2) Order 1997”.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
11th November 1997


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 1997 and shall come into force on 25th April 1997.
Revaluation of earnings factors
2
The earnings factors relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Pension Schemes Act 1993 (including that Part as modified by or under any other enactment),
are directed to be increased for the tax years specified in the Schedule to this Order by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Social Security.
MacKay of Ardbrecknish
Minister of State,
Department of Social Security
1st April 1997


text:
1
This Order may be cited as the Immigration (Exemption from Control) (Amendment) Order 1997 and shall come into force on 1st July 1997.
2
In this Order “the principal Order ” means the Immigration (Exemption from Control) Order 1972 .
3
In article 4 of the principal Order (which exempts certain persons from any provision of the Immigration Act 1971 relating to those who are not British Citizens except any provision relating to deportation), for paragraph (1) there shall be substituted the following paragraphs:
l
any member of the Hong Kong Economic and Trade Office as defined by paragraph 8 of the Schedule to the Hong Kong Economic and Trade Office Act 1996 ,
m
any member of the family of a person exempted under any of the preceding paragraphs forming part of his household.
.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
31st May 1997


text:
Citation and commencement
1
This Order may be cited as the Unit Trust Schemes and Offshore Funds (Non-qualifying Investments Test) Order 1997 and shall come into force on 25th February 1997.
Amendments to paragraph 8 of Schedule 10 to the Finance Act 1996
2
Paragraph 8 of Schedule 10 to the Finance Act 1996 shall be amended in accordance with regulations 3 to 10.
3
In sub-paragraph (2)(d) after the word “fund” there shall be added the words “or an open-ended investment company”.
4
In sub-paragraph (3) —
a
after the words “offshore fund” there shall be inserted the words “or open-ended investment company”;
b
after the words “or fund” there shall be inserted the words “or company”.
5
After sub-paragraph (3) there shall be inserted the following sub-paragraph —
3A
For the purposes of sub-paragraph (3) above an open-ended investment company fails to satisfy the non-qualifying investments test at any time when the market value of the investments of the company which are qualifying investments exceeds 60 per cent. of the market value of all its investments.
6
In sub-paragraph (4) —
a
for the words “sub-paragraph (3)” there shall be substituted the words “sub-paragraphs (3) and (3A)”;
b
after the words “or fund”, in both places where they occur, there shall be inserted the words“or company”.
7
After sub-paragraph (5) there shall be inserted the following sub-paragraph —
5A
References in this paragraph to investments of an open-ended investment company are references to investments comprised in the scheme property of that company, but do not include references to cash awaiting investment.
8
In sub-paragraph (6) after paragraph (b) there shall be added —
and
c
in relation to an open-ended investment company, are references to shares in that company.
9
After sub-paragraph (6) there shall be inserted the following sub-paragraphs —
6A
For the purposes of sub-paragraph (6)(c) above, where in respect of a given class of shares of an open-ended investment company —
a
shares issued of that class consist of both smaller denomination shares and larger denomination shares, and
b
a person owns both smaller denomination shares and larger denomination shares of that class,
those shares owned by him shall be treated as being securities of the same class for the purposes of the provisions of the Tax Acts and the 1992 Act relating to ownership of shares in a company.
6B
In sub-paragraph (6A) above, “smaller denomination shares” means shares to which are attached rights specified in the open-ended investment company’s instrument of incorporation that are expressed in the smaller of two denominations, and “larger denomination shares” means shares to which are attached rights so specified that are expressed in the larger of two denominations.
10
After sub-paragraph (7) there shall be inserted the following sub-paragraphs —
7A
In this paragraph —
a
“collective investment scheme” has the meaning given by section 75 of the Financial Services Act 1986 ;
b
“open-ended investment company” means, subject to sub-paragraph (7B) below, an open-ended investment company within the meaning given by section 75(8) of the Financial Services Act 1986 which is incorporated in the United Kingdom;
c
“scheme property” of an open-ended investment company means, subject to sub-paragraph (7C)(b) below, the property subject to the collective investment scheme constituted by the company;
d
references to a person owning shares in an open-ended investment company are references to —
i
the beneficial owner of the shares,
ii
where the shares are held on trust (other than a bare trust), the trustees of the trust, or
iii
where the shares are comprised in the estate of a deceased person, the deceased’s personal representatives.
7B
Each of the parts of an umbrella company shall be regarded for the purposes of this paragraph as an open-ended investment company and the umbrella company as a whole shall not be so regarded and shall not be regarded as a company.
7C
In relation to a part of an umbrella company —
a
references in this paragraph to investments of an open-ended investment company shall have effect as references to such of the investments as under the arrangements referred to in sub-paragraph (7D) below form part of the separate pool to which that part of the umbrella company relates;
b
references in this paragraph to the scheme property of an open-ended investment company shall have effect as if they were references to such property subject to the collective investment scheme constituted by the umbrella company as is comprised in the separate pool to which that part of the umbrella company relates;
c
a person for the time being having rights in that part shall be regarded as the owner of shares in the open-ended investment company which that part is deemed to be by virtue of sub-paragraph (7B) above, and not as the owner of shares in the umbrella company itself.
7D
In sub-paragraphs (7B) and (7C) above “umbrella company” means a company —
a
which falls within the definition of “open-ended investment company” in section 75(8) of the Financial Services Act 1986,
b
which is incorporated in the United Kingdom,
c
whose instrument of incorporation provides for arrangements for such pooling as is mentioned in section 75(3)(a) of that Act in relation to separate parts of the scheme property of the company, and
d
the owners of shares in which are entitled to exchange rights in one part for rights in another;
and any reference to a part of an umbrella company is a reference to such of the arrangements as relate to a separate pool.
Richard Ottaway
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd February 1997


text:
1
1
This Order may be cited as the New Town (Cumbernauld) Dissolution Order 1997 and shall come into force on 31st March 1997.
2
In this Order, “Cumbernauld Development Corporation” means the Cumbernauld Development Corporation established by the New Town (Cumbernauld) (Development Corporation) Order 1956 .
2
The Secretary of State hereby appoints 31st March 1997 as the date for the dissolution of Cumbernauld Development Corporation.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
4th March 1997


text:
Citation and commencement
1
This Order may be cited as the Transport and Works (Guided Transport Modes) (Amendment) Order 1997, and shall come into force on the seventh day after the day on which it is made.
2
Article 3(2) of the Transport and Works (Guided Transport Modes) Order 1992 shall be amended:
a
by substituting the words “for the carriage of passengers or goods” for the words “wholly or mainly for the carriage of passengers”; and
b
by inserting before the word “and” the words “, “goods” has the same meaning as in Part I of the Railways Act 1993 ”.
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
4th August 1997


text:
Citation and commencement
1
These Regulations may be cited as the Manufactured Dividends (Tax) Regulations 1997 and shall come into force on 1st July 1997.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“the Board” means the Commissioners of Inland Revenue;
“chargeable period” has the meaning given by regulation 3;
“dividend” means a dividend on United Kingdom equities, not being a foreign income dividend within Chapter VA of Part VI of the Taxes Act ;
“the Management Act ” means the Taxes Management Act 1970 ;
“manufactured dividend” shall be construed in accordance with paragraph 2(1) of Schedule 23A;
“relevant period” means —
each complete quarter falling within a chargeable period, that is to say, each of the periods of three months ending with 31st March, 30th June, 30th September or 31st December which falls within that period;
each part of the chargeable period which is not a complete quarter and ends on the first (or only), or begins immediately after the last (or only), of those dates which falls within the chargeable period;
if none of those dates falls within a chargeable period which is an accounting period, the whole chargeable period;
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
2
References in these Regulations to a “creditable amount” in respect of a dividend or manufactured dividend received in any period —
a
are references to the tax credit in respect of that dividend or manufactured dividend, not being an amount of tax credit to which paragraph (3) applies, or
b
where the recipient of the dividend or manufactured dividend is a company that is not resident in the United Kingdom and the dividend or manufactured dividend is attributable to a branch or agency through which the company trades in the United Kingdom, are references to an amount of tax equal to the amount of advance corporation tax payable in respect of that dividend or manufactured dividend, or (as the case may be) the amount of advance corporation tax that would have been payable in respect of that dividend or manufactured dividend if —
i
the person by whom the dividend or manufactured dividend was paid were a company resident in the United Kingdom, and
ii
the manufactured dividend were a distribution by that company.
3
This paragraph applies to the amount of tax credit in respect of a distribution which —
a
is comprised in the UK distribution income (within the meaning given by paragraph 5B(4) of Schedule 19AC ) of an overseas life insurance company falling within that Schedule, and
b
is a distribution in respect of which that company has claimed or may claim the payment of a tax credit under section 438(4) or 441A(7) .
4
References in these Regulations to a section or Schedule, without more, are references to that section of, or that Schedule to, the Taxes Act.
Chargeable period
3
1
In these Regulations “chargeable period” means —
a
as respects a company, its accounting period;
b
as respects a person other than a company who draws up accounts for any period (“the accounts period”), one of the periods specified in paragraph (2);
c
as respects a person other than a company who does not draw up accounts, a year of assessment.
2
The periods specified in this paragraph are —
a
the period which begins at the beginning of the accounts period and ends at the expiration of 12 months from that date or, if earlier, at the end of the accounts period;
b
any subsequent period which —
i
begins at the end of the immediately preceding period, being a period specified in this paragraph, and
ii
ends at the expiration of 12 months from that date or, if earlier, at the end of the accounts period.
Accountability for tax
4
1
Where —
a
a manufactured dividend is paid by any person other than a company resident in the United Kingdom, and
b
the payment is one in relation to which either the dividend manufacturer or the recipient of the payment is a person to whom paragraph (2) below applies (“the appropriate person”),
the appropriate person shall be liable to account to the Board, to the extent and in the manner specified in these Regulations, for tax as mentioned in paragraph 2(3) of Schedule 23A.
2
Subject to regulation 5, the appropriate person is —
a
where paragraph 2(5) of Schedule 23A applies in relation to the manufactured dividend, the dividend manufacturer;
b
where sub-paragraph (a) above does not apply in relation to the manufactured dividend and either of the conditions specified in paragraph (3) below applies, the recipient of the payment.
3
The conditions specified in this paragraph are —
a
that the recipient is a person resident in the United Kingdom;
b
that the recipient is a company that is not so resident but carries on a trade in the United Kingdom through a branch or agency, and the manufactured dividend is attributable to the carrying on of that trade through that branch or agency.
Liability for tax where the manufacturer receives the dividend of which the manufactured dividend is representative
5
1
Regulation 4(2)(b) shall not apply in any case where the recipient of the manufactured dividend shows that —
a
the dividend manufacturer was entitled to payment of the dividend of which the manufactured dividend is representative either —
i
as the holder of the securities concerned, or
ii
directly or indirectly from a person from whom he acquired those securities, or to whom he transferred them, and who was so entitled as the holder of those securities, and
b
the aggregate of the amount of the dividend received by the dividend manufacturer and any amount paid to him in respect of a tax credit in relation to that dividend (“the aggregate amount”) does not exceed the amount of the dividend.
2
Where paragraph (1) applies, the dividend manufacturer concerned shall be liable for tax, in respect of the manufactured dividend paid by him, in an amount equal to the amount (if any) of a tax credit in respect of the dividend received by him which, assuming him to have made a claim under arrangements having effect by virtue of section 788, the dividend manufacturer is entitled to have paid to him in respect of the dividend received by him.
3
The amount of tax for which the dividend manufacturer is liable shall be set against the amount of the tax credit to which, on the assumption made in paragraph (2), he is entitled as mentioned in that paragraph.
4
Where paragraph (1) does not apply by reason only of the fact that sub-paragraph (b) of that paragraph does not apply, the amount of tax for which the recipient of the manufactured dividend shall be liable to account under paragraph 2(3) of Schedule 23A shall be reduced to an amount equal to the amount by which the aggregate amount exceeds the amount of the dividend.
Accounting for tax by recipients that are United Kingdom resident companies
6
1
This regulation applies in any case where a recipient of a manufactured dividend —
a
is liable under regulation 4 to account to the Board for any tax in respect of that manufactured dividend, and
b
is a company resident in the United Kingdom.
2
Paragraphs 1 to 3, 8 and 10 of Schedule 13 (collection of advance corporation tax) and, on or after the appointed day referred to in section 137(2) of the Finance Act 1996, paragraph 7A of that Schedule, shall apply in relation to the amount of tax for which the company is liable to account in respect of that manufactured dividend as if —
a
paragraph 1 of that Schedule required a return under that paragraph to include in addition manufactured dividends received by the company in each of its accounting periods and the tax for which it is liable to account in respect of those manufactured dividends;
b
paragraph 2(1) of that Schedule required a return for any return period to include in addition the amount of any manufactured dividends received by the company in that period, and the amount of tax for which it is liable to account in respect of those manufactured dividends;
c
references in paragraph 3 of that Schedule to franked payments and advance corporation tax in respect of such payments included references to manufactured dividends required to be included in a return under that Schedule by virtue of this regulation and tax for which the company is liable to account in respect of those manufactured dividends;
d
paragraph 8 of that Schedule included a reference to a manufactured dividend included in a return under that Schedule by virtue of this regulation;
e
paragraph 10 of that Schedule included a reference to tax for which the company is liable to account in respect of manufactured dividends received in any accounting period.
Accounting for tax by persons other than United Kingdom resident companies
7
1
This regulation applies in any case where the payer or recipient of a manufactured dividend (“the relevant person”) —
a
is liable under regulation 4 to account to the Board for any tax in respect of that manufactured dividend, and
b
is not a company resident in the United Kingdom.
2
The relevant person shall be liable to account in respect of any relevant period for an amount of tax equal to the sum of the following —
a
the amount (if any) by which for that period the aggregate amount of tax for which he is accountable in respect of manufactured dividends paid by him exceeds the aggregate amount of creditable amounts in respect of dividends and manufactured dividends received by him, and
b
the amount (if any) for that period of the aggregate amount of tax for which he is accountable in respect of manufactured dividends received by him.
3
Tax for which the relevant person is accountable under paragraph (2) —
a
shall be due not later than 14 days after the end of the relevant period concerned, and
b
shall be payable without the making of an assessment.
4
Tax due under paragraph (3) shall, whether or not an assessment is made under paragraph (10) of this regulation or under regulation 8(4), carry interest at the rate applicable under section 178 of the Finance Act 1989 to section 87 of the Management Act from the end of the period of 14 days referred to in that paragraph until payment.
5
Where the aggregate amount of creditable amounts in respect of dividends and manufactured dividends received by the relevant person in a relevant period exceeds the aggregate amount of tax for which he is accountable in respect of manufactured dividends paid by him in that period, the amount of the excess may be carried forward to any subsequent relevant period falling within the same chargeable period for the purposes of offsetting, pursuant to paragraph (2)(a), that excess amount against the aggregate amount of tax for which he is accountable in respect of manufactured dividends paid by him in respect of that subsequent relevant period.
6
Where —
a
the aggregate amount of tax for which the relevant person is accountable in respect of manufactured dividends paid by him in a relevant period (“the first period”) exceeds the aggregate amount of creditable amounts in respect of dividends and manufactured dividends received by him in that period, and
b
in any subsequent relevant period falling within the same chargeable period there is an excess of the aggregate amount of creditable amounts in respect of dividends and manufactured dividends received by him over the aggregate amount of tax for which he is accountable in respect of manufactured dividends paid by him,
that excess amount may be set off, for the purposes of paragraph (2)(a), against the aggregate amount of tax for which the relevant person is accountable in respect of manufactured dividends paid by him in the first period, and a repayment of tax shall be made accordingly.
7
Where —
a
the relevant person is a company that is not resident in the United Kingdom, and
b
the aggregate amount of creditable amounts in respect of dividends and manufactured dividends received by him in a chargeable period exceeds the aggregate amount of tax for which the company is accountable in respect of manufactured dividends paid by him in that period,
the amount of that excess may be carried forward so as to be regarded, for the purposes of paragraph (2), as a creditable amount in respect of dividends or manufactured dividends received by him in the first relevant period of the next chargeable period.
8
Where —
a
the relevant person was under an obligation to make a return under regulation 20 of the Income Tax (Dividend Manufacturing) Regulations 1992 in respect of the return period ending 30th June 1997, and
b
surplus tax credits received by the relevant person fell to be carried forward on that date to its next accounting period under paragraph (10)(a) of that regulation or would have fallen so to be carried forward if its accounting period had ended on that date,
references in these Regulations to creditable amounts shall, as respects the relevant period commencing 1st July 1997, be taken as including references to those surplus tax credits.
9
The same creditable amount shall not be taken into account both under this regulation and under any other provision of the Tax Acts.
10
Tax which has become due from a person under paragraph (3) may be assessed on that person (whether or not it has been paid when the assessment is made) if that tax, or any part of it, is not paid on or before the due date.
Returns by persons other than United Kingdom resident companies
8
1
This regulation applies in any case where under regulation 7 the relevant person is liable to account for an amount of tax in respect of any relevant period falling within a chargeable period.
2
The relevant person shall, within 30 days from the end of the chargeable period, make a return for that period to the Board.
3
A return under paragraph (2) shall show —
a
the aggregate amount of the manufactured dividends received by the relevant person in the chargeable period in respect of which he is liable to account for tax under regulation 7,
b
the aggregate amount of the manufactured dividends paid by the relevant person in the chargeable period in respect of which he is liable to account for tax under regulation 7,
c
the aggregate amount of creditable amounts in respect of dividends and manufactured dividends received by the relevant person in the chargeable period,
d
the amount of creditable amounts brought forward from the previous chargeable period under regulation 7(7);
e
the amount of creditable amounts carried forward to the next chargeable period under regulation 7(7);
f
the aggregate amount of tax for which he is liable to account under regulation 7 for the chargeable period which is the subject of the return.
4
If it appears to an officer of the Board that there is a manufactured dividend which ought to have been and has not been included in a return under paragraph (2), or if he is otherwise dissatisfied with any such return, he may make an assessment on the relevant person to the best of his judgment.
5
Section 98 of the Management Act (“Section 98”) shall apply in relation to a return under paragraph (2) with the modification specified in paragraph (6).
6
At the end of the second column of the Table in section 98 there shall be added —
Regulation 8(2) of the Manufactured Dividends (Tax) Regulations 1997.
Set off of tax by companies not resident in the United Kingdom
9
1
Subject to the modification specified in paragraph (2), the provisions of section 239 other than subsection (7) of that section, section 246(5) and section 797(4) shall apply in relation to the aggregate amount of tax for which a company that is not resident in the United Kingdom is liable in accordance with regulation 7(2)(a) to account for all relevant periods falling within any chargeable period in respect of manufactured dividends paid by it, as if that tax were advance corporation tax paid by the company in respect of distributions made by it in that chargeable period.
2
Subsection (3) of section 239 shall apply as if the reference in that subsection to any of the company’s accounting periods beginning in the six years preceding the accounting period concerned were a reference to any of the company’s accounting periods ending on or after 1st July 1997 and beginning in the six years preceding that accounting period.
Roger Knapman
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 1997


text:
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment) Regulations 1997 and shall come into force on 6th August 1997.
2
In regulation 5(1) of the Taxes (Interest Rate) Regulations 1989 —
a
for “6th November 1996” there shall be substituted “6th August 1997”;
b
for “6.75 per cent. per annum” there shall be substituted “7.25 per cent. per annum”.
Jim Dowd
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
10th July 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Videotron Southampton & Eastleigh Limited) Order 1997 and shall come into force on 19th February 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
20th January 1997


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997 and shall come into force on 31st March 1999.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“baby foods” means foods for particular nutritional use fulfilling the particular requirements of infants and young children in good health and intended for use by infants while they are being weaned, and by young children as a supplement to their diet or for their progressive adaptation to ordinary food other than processed cereal-based foods;
“food authority” does not include —
the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change; or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner and Middle Temple);
“processed cereal-based foods” means foods for particular nutritional use within the categories in Part I of Schedule 1 fulfilling the particular requirements of infants and young children in good health and intended for use by infants while they are being weaned, and by young children as a supplement to their diet or for their progressive adaptation to ordinary food; and
“sell” includes possess for sale, and offer, expose or advertise for sale and “sale” and “sold”shall be construed accordingly.
3
Other expressions used in these Regulations and in Commission Directive 96/5/ EC on processed cereal-based foods and baby foods for infants and young children have, in so far as the context admits, the same meaning as they bear in that Directive.
4
Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations and any reference in a Schedule to a numbered Part shall be construed as a reference to the Part of that Schedule bearing that number.
Exemption
2
These Regulations shall not apply to any baby food which is a milk intended for young children.
Conditions for the sale of processed cereal-based foods and baby foods
3
No person shall sell any processed cereal-based food or baby food unless —
a
it is labelled in accordance with regulation 4; and
b
it complies with the requirements as to manufacture and composition set out in regulation 5.
Labelling
4
1
Processed cereal-based food and baby food shall be labelled with the following particulars —
a
a statement as to the appropriate age (which shall be not less than four months) from which the food may be used, regard being had to its composition, texture or other particular properties;
b
information as to the presence or absence of gluten if the age stated pursuant to sub-paragraph (a) above is less than six months;
c
the available energy value expressed in kJ and kcal, and the protein, carbohydrate and fat content, expressed in numerical form, per 100 g or 100 ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption;
d
the average quantity, expressed in numerical form, per 100 g or 100 ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption, of each mineral substance and of each vitamin in respect of which a maximum or a minimum compositional requirement is specified in —
i
Part II of Schedule 1 in the case of processed cereal-based foods; and
ii
Schedule 2 in the case of baby foods; and
e
if preparation of the food is necessary, appropriate instructions for preparation and a statement as to the importance of following those instructions.
2
Subject to paragraph (1)(d) above, no person shall label processed cereal-based food or baby food with the average quantity of any nutrient specified in Schedule 4 unless —
a
that average quantity is expressed in numerical form, per 100 g or 100 ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption; and
b
in the case of a mineral substance or vitamin, it is a mineral substance or vitamin other than one referred to in paragraph (1)(d) above.
3
Where, pursuant to paragraph (1)(d) or paragraph (2) above, processed cereal-based food or baby food is labelled with the average quantity, per 100 g or 100 ml of the food as sold, and where appropriate, per specified quantity of the food as proposed for consumption, of any vitamin or mineral which is specified in Schedule 5, the labelling of the food shall not express that average quantity as a percentage of the reference value specified in Schedule 5 in relation to that vitamin or mineral unless the quantity present is equal to 15% or more of the reference value.
Manufacture and composition of processed cereal-based foods and baby foods
5
No person shall manufacture any processed cereal-based food or baby food —
a
from any ingredient other than one whose suitability for particular nutritional use by infants and young children has been established by generally accepted scientific data;
b
which does not comply with the compositional requirements specified in Part II of Schedule 1, as read with Schedule 3 in the case of processed cereal-based foods and Schedule 2 in the case of baby foods;
c
which contains any added nutritional substance other than a nutritional substance listed in Schedule 4; or
d
which contains any substance in such quantity as to endanger the health of infants or young children.
Offences and penalties
6
1
If any person contravenes regulation 3, 4 or 5 he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Enforcement
7
Each food authority shall enforce and execute these Regulations in its area.
Defence in relation to exports
8
1
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove —
a
that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and it complies with that legislation; and
b
that the legislation complies with the provisions of Commission Directive 96/5/EC on processed cereal-based foods and baby foods for infants and young children, in the case of export to an EEA State.
2
In this regulation —
“EEA State” means a state which is a contracting party to the EEA Agreement; and
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.
Application of various sections of the Food Safety Act 1990
9
The following provisions of the Act shall apply for the purposes of these Regulations which application shall, in the case of section 21, be as that section applies for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act or Part thereof shall be construed as a reference to these Regulations —
section 2 (extended meaning of `sale' etc. );
section 3 (presumption that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 22 (defence of publication in the course of a business);
section 30(8) (which relates to documentary evidence);
section 33 (obstruction etc. of officers);
section 36 (offences by bodies corporate); and
section 44 (protection of officers acting in good faith).
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
24th July 1997
Signed by authority of the Secretary of State for Health
Baroness Jay
Minister of State for Public Health,
Department of Health
7th August 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
25th July 1997
Sam Galbraith
Parliamentary Under Secretary of State, Scottish Office
21st August 1997


text:
Citation and Commencement
1
This Order may be cited as the Invergarry-Kyle of Lochalsh Trunk Road (A87) Extension (Skye Bridge Crossing) Toll Order (Variation) Order 1997 and shall come into force on 1st January 1998.
Variation
2
1
Schedule 1 to the Invergarry-Kyle of Lochalsh Trunk Road (A87) Extension (Skye Bridge Crossing) Toll Order 1992 shall be varied as follows.
2
For the table forming that Schedule substitute the following:–
Vehicle Description Toll Category Base Toll (£)
Motorcycle High 2.25 Low 1.85 Discount 0.53 Car High 4.50 Low 3.70 Discount 1.06 LGV High 8.50 Low 8.50 Discount 6.19 HGV1 High 11.00 Low 11.00 Discount 8.00 HGV2 High 22.00 Low 22.00 Discount 16.00 Local Service Bus High 12.90 Low 12.90 Discount 9.68 Midi Coach High 18.65 Low 12.40 Discount N/A Coach High 32.50 Low 22.00 Discount N/A
.
3
For the definition of “Discount” substitute the following:–
“Discount” applies in respect of a single use of the crossing where an agreement entered into by virtue of section 36(3)(b) of the Act (compounding in advance for the payment of tolls) provides for the purchase of a book of–
20 non-transferable tickets in the case of a motorcycle or car; and
10 non-transferable tickets in all other cases.
.
Donald C Dewar
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
9th December 1997