othertales/uklegislation huggingface dataset:
YOUNG OFFENDER INSTITUTIONS, ENGLAND AND WALES 1 These Rules may be cited as the Young Offender Institution (Amendment) Rules 1997 and shall come into force on 15th April 1997. 2 After rule 79 of the Young Offender Institution Rules 1988 , there shall be inserted the following rules— Contracted out young offender institutions 79A 1 Where the Secretary of State has entered into a contract for the running of a young offender institution under section 84 of the Criminal Justice Act 1991 (in this rule “the 1991 Act”) these Rules shall have effect in relation to that young offender institution with the following modifications— a references to an officer shall include references to a prisoner custody officer certified as such under section 89(1) of the 1991 Act; b references to a governor shall include references to a director approved by the Secretary of State for the purposes of section 85(1)(a) of the 1991 Act except— i in rules 46, 48, 49, 51, 52, 53, 59, 60 and 79 where references to a governor shall include references to a controller appointed by the Secretary of State under section 85(1)(b) of the 1991 Act; and ii in rules 61(1), 65 and 75 where references to a governor shall include references to a director and a controller; c rule 68 shall not apply in relation to a prisoner custody officer certified as such under section 89(1) of the 1991 Act and performing custodial duties. 2 Where a director exercises the powers set out in section 85(3)(b) of the 1991 Act (removal from association, temporary confinement and restraints) in cases of urgency, he shall notify the controller of that fact forthwith. Contracted out parts of young offender institutions 79B Where the Secretary of State has entered into a contract for the running of part of a young offender institution under section 84(1) of the Criminal Justice Act 1991, that part and the remaining part shall each be treated for the purposes of Parts I to IV and Part VI of these Rules as if they were separate young offender institutions. Contracted out functions at directly managed young offender institutions 79C 1 Where the Secretary of State has entered into a contract under section 88A(1) of the Criminal Justice Act 1991 for any functions at a directly managed young offender institution to be performed by prisoner custody officers who are authorised to perform custodial duties under section 89(1) of that Act, references to an officer in these Rules shall, subject to paragraph (2) below, include references to a prisoner custody officer who is so authorised and who is performing contracted out functions for the purposes of, or for purposes connected with, the young offender institution. 2 Paragraph (1) above shall not apply to references to an officer in rule 68. 3 In this rule “directly managed young offender institution” means a young offender institution which is not a contracted out young offender institution. . Home Office Michael Howard One of Her Majesty’s Principal Secretaries of State 9th March 1997
COUNTY COURTS Citation, commencement and interpretation 1 This Order may be cited as the County Court Fees (Amendment) Order 1997 and shall come into force on 13th March 1997. Amendment to the County Court Fees Order 1982 2 1 For article 4 of the County Court Fees Order 1982 there shall be substituted:— 4 1 No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable, a is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 , and b is not in receipt of representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings. 2 The Lord Chancellor may reduce or remit a fee in any case where, in circumstances where paragraph (1) does not apply, it appears to the Lord Chancellor that payment by a party who is an individual of any fee specified in Schedule 1 would involve undue financial hardship because of the exceptional circumstances of the particular case. 3 Paragraph (1) shall not apply to Fee No. 4(viii) (fee payable on a consolidated attachment of earnings order or an administration order). . Amendment to the County Court Fees (Amendment) Order 1996 3 Article 3 of the County Court Fees (Amendment) Order 1996 shall be omitted. Mackay of Clashfern C. Dated 11th March We concur, Patrick McLoughlin Roger Knapman Two of the Lords Commissioners of Her Majesty’s Treasury Dated 11th March 1997
LOCAL GOVERNMENT, ENGLAND AND WALES Citation, commencement and interpretation 1 1 This Order may be cited as the Borough of Blackpool (Electoral Changes) Order 1997 and shall come into force on 1st May 1997 except that, for the purpose of all proceedings preliminary or relating to an election to be held on or after that date, it shall come into force on the day after the day on which it is made. 2 In this Order— “the borough” means the borough of Blackpool; “existing”, in relation to a ward, means the ward as it exists on the date this Order is made; any reference to the map is a reference to the map prepared by the Department of the Environment, marked “Map of the Borough of Blackpool (Electoral Changes) Order 1997”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 . Wards of Blackpool 2 1 The existing wards of the borough shall be abolished. 2 The borough shall be divided into twenty-two wards bearing the names set out in the Schedule and each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines. 3 Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature. 4 The number of councillors to be elected for each of the wards of the borough shall be two. Elections of the council of Blackpool 3 1 Elections of all councillors for wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 1997, 2000 and 2003 and every fourth year after 2003 . 2 The term of office of any councillor so elected shall be, in the case of councillors elected in 1997 and 2000, three years and, in any other case, four years. 3 On the fourth day after any such elections— a the persons who were councillors immediately before those elections shall retire; and b the newly elected councillors shall come into office. 4 Paragraphs (2) to (5) of article 7 of the Lancashire (Boroughs of Blackburn and Blackpool) (Structural Change) Order 1996 shall be deleted. Signed by authority of the Secretary of State David Curry Minister of State, Department of the Environment 21st February 1997
REPRESENTATION OF THE PEOPLE 1 1 This Order may be cited as the Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 1997 and shall come into force on 17th March 1997. 2 This Order shall extend to Northern Ireland only. 3 The Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 1994 is hereby revoked. 2 1 For the purposes of paragraph (a) of section 29(3) of the Representation of the People Act 1983 (which provides that a returning officer is entitled to recover his charges in respect of services properly rendered or expenses properly incurred for or in connection with a parliamentary election if the services or expenses are of a kind specified in an order made under that provision and the charges are reasonable), expenses of a kind described in paragraphs 1(1), 2(1), 3(1) and 4(1) of Part A of the Schedule to this Order (hereafter referred to as “expenses specified in Part A of the Schedule”) and expenses of a kind described in Part B of the Schedule to this Order, are hereby specified. 2 The maximum recoverable amounts at a contested election in respect of the expenses specified in Part A of the Schedule are hereby specified as the amounts set out in the right-hand column of that Part in respect of each entry set out opposite thereto in the left-hand column of that Part. 3 The maximum recoverable amount at an uncontested election is hereby specified as £912.52 in respect of the expenses specified in Part A of the Schedule. 4 In the Schedule to this Order— a “election” means a parliamentary election, and b any reference to the register of electors is to the register of electors used at the election at which the expenses were incurred and to that register as first published. Northern Ireland Office P. B. B. Mayhew One of Her Majesty’s Principal Secretaries of State 4th March 1997 We consent to this Order. Gyles Brandreth Roger Knapman Two of the Lords Commissioners of Her Majesty’s Treasury 5th March 1997
HIGHWAYS, ENGLAND AND WALES 1 This Order may be cited as the A127 Trunk Road (M25 to Rayleigh Section and Slip Roads) (Detrunking) Order 1997 and shall come into force on 27th March 1997. 2 In this Order— i “principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; ii “the trunk road” means the A127 Trunk Road; and iii “the slip roads” means the slip roads described in the Schedule to this Order. 3 The length of the trunk road and the lengths of the slip roads shall cease to be trunk roads and shall be classified as principal roads from the date when this Order comes into force. Signed by authority of the Secretary of State for Transport A. D. Rowland Director Southern Network Management Division, Highways Agency, Department of Transport 5th March 1997
HOUSING, ENGLAND AND WALES Citation, commencement and interpretation 1 1 This Order may be cited as the Rent Officers (Housing Renewal Grants Functions) Order 1997 and shall come into force on 7th April 1997. 2 In this Order, “local housing authority” has the same meaning as in the Housing Act 1985 . Additional functions 2 1 Where, in connection with applications to which section 31 of the Housing Grants, Construction and Regeneration Act 1996 applies, a local housing authority seeks the advice of a rent officer on any matter pursuant to subsection (4) of that section, the rent officer shall provide the advice to the local housing authority in writing within the period of 45 working days beginning with the date on which he received the request for advice or, where he requests further information under paragraph (2), with the date on which he received the information, or as soon as practicable after that period. 2 If a rent officer needs further information in order to give the advice, he shall serve notice in writing on the local housing authority requesting that information and until he receives it paragraph (1) shall not apply to the provision of that advice. Signed by authority of the Secretary of State David Curry Minister of State, Department of the Environment 5th March 1997 Signed by authority of the Secretary of State Jonathan Evans Parliamentary Under Secretary of State for Wales 6th March 1997
PENSIONS Citation and commencement 1 These Regulations may be cited as the Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 and shall come into force on 6th April 1997. Schemes providing salary-related death benefits 2 1 Part I of the Pensions Act 1995 applies to any occupational pension scheme under which all the benefits that may be provided other than death benefits are money purchase benefits as if every reference in that Part to a money purchase scheme included such a scheme. 2 But paragraph (1) does not apply in relation to the provision by an occupational pension scheme of a pension to which regulation 2 of the Personal and Occupational Pension Schemes (Indexation and Disclosure of Information) (Miscellaneous Amendments) Regulations 2005 applies (removal of indexation: money purchase benefits provided under a hybrid occupational pension scheme). Miscellaneous amendments 3 The regulations specified in Schedule 1 to these Regulations shall have effect with the amendments specified in that Schedule. Revocations and savings 4 1 Subject to paragraph (2), the subordinate legislation specified in Schedule 2 is revoked to the extent specified in the third column. 2 Without prejudice to the generality of section 16 of the Interpretation Act 1978 , the revocation of the Personal Pension Schemes (Personal Pension Protected Rights Premiums) Regulations 1987 does not affect the operation of those regulations as respects any premium paid before 6th April 1997 or payable immediately before that date. Signed by authority of the Secretary of State for Social Security. Oliver Heald Parliamentary Under-Secretary of State, Department of Social Security
TREASURE 1 This Order may be cited as the Treasure Act 1996 (Commencement No. 1) Order 1997. 2 Section 11 of the Treasure Act 1996 shall come into force on 13th March 1997. Lord Inglewood Parliamentary Under-Secretary of State Department for National Heritage 12th March 1997
SOCIAL SERVICES, ENGLAND AND WALES Citation and commencement 1 This Order may be cited as the Isles of Scilly (Direct Payments Act) Order 1997 and shall come into force on 1st April 1997. Application of sections 1 and 2 of the Community Care (Direct Payments) Act 1996 to the Isles of Scilly 2 Sections 1 and 2 of the Community Care (Direct Payments) Act 1996 shall apply to the Isles of Scilly as if the Council of the Isles of Scilly were a local authority within the meaning of those sections. Stephen Dorrell Secretary of State for Health 11th March 1997
SOCIAL SERVICES Citation 1 This Order may be cited as the Community Care (Direct Payments) Act 1996 (Commencement) Order 1997. Day appointed 2 1st April 1997 is the day appointed for the coming into force of sections 1 to 5 and 7 of the Community Care (Direct Payments) Act 1996. Stephen Dorrell One of Her Majesty’s Principal Secretaries of State 10th March 1997
LEGAL AID AND ADVICE, ENGLAND AND WALES Citation and commencement 1 These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1997 and shall come into force on 1st April 1997. Transitional provisions 2 These Regulations apply to work done in committal proceedings to which Schedule 1 to the Criminal Procedure and Investigations Act 1996 applies, and the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 shall apply to work done in all other committal proceedings as if these Regulations had not come into force. Amendments to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 3 In the Table following paragraph 2(2) of Part III of Schedule 1 to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989, there shall be omitted— a in item 3.1, the words “under section 6(2) of the Magistrates' Courts Act 1980”; b the whole of item 3.2. MacKay of Clashfern, C. Dated 10th March 1997 We consent Patrick McLoughlin Roger Knapman Two of the Lords Commissioners of Her Majesty’s Treasury Dated 11th March 1997
LEGAL AID AND ADVICE, ENGLAND AND WALES Citation, commencement, interpretation and transitional provisions 1 1 These Regulations may be cited as the Civil Legal Aid (Assessment of Resources) (Amendment) Regulations 1997 and shall come into force on 1st April 1997, except for regulation 2 which shall come into force on 7th April 1997. 2 In these Regulations, unless the context otherwise requires, a regulation or Schedule referred to by number alone means the regulation or Schedule so numbered in Civil Legal Aid (Assessment of Resources) Regulations 1989 . 3 Subject to paragraph (4), these Regulations shall apply to applications for legal aid made on or after 7th April 1997 and applications made before that date shall be treated as if these Regulations had not come into force. 4 Regulation 3 of these Regulations shall apply to applications for legal aid made on or after 1st April 1997 and applications made before that date shall be treated as if regulation 3 had not come into force. Amendments to the Civil Legal Aid (Assessment of Resources) Regulations 1989 2 Regulation 4 shall be amended by substituting in a paragraph (2) for “£7,403”, “£7,595”, b paragraph (3) for “£8,158”, “£8,370”, and c paragraph (4) for “£2,498”, “£2,563”. 3 1 Paragraph 6 of Schedule 2 shall stand as sub-paragraph (1) of that paragraph. 2 After paragraph 6(1) of Schedule 2, there shall be inserted the following:— 2 In computing disposable income, a payment made under the Community Care (Direct Payments) Act 1996 shall be disregarded. . 3 At the end of paragraph 8 of Schedule 3, there shall be inserted the following:— or any arrears of payments made under the Community Care (Direct Payments) Act 1996 . Mackay of Clashfern, C. Dated 10th March 1997 We consent, Richard Ottaway Patrick McLoughlin Two of the Lords Commissioners of Her Majesty’s Treasury Dated 10th March 1997
LEGAL AID AND ADVICE, ENGLAND AND WALES Citation, commencement, interpretation and transitional provisions 1 1 These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1997 and shall come into force on 1st April 1997, except for regulations 2 and 3 which shall come into force on 7th April 1997. 2 In these Regulations, unless the context otherwise requires, a Schedule referred to by number means the Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 . 3 Subject to paragraph (4), these Regulations shall apply to applications for legal aid made on or after 7th April 1997 and applications made before that date shall be treated as if these Regulations had not come into force. 4 Regulations 4 and 5 of these Regulations shall apply to applications for legal aid made on or after 1st April 1997 and applications made before that date shall be treated as if regulations 4 and 5 had not come into force. Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 2 Part Two of Form 6 (which deals with Calculation of contribution from INCOME) in Schedule 2 shall be amended by substituting for “£48”, “£49” and, for “£49”, “£50”. 3 Schedule 4 shall be amended by substituting, for “£48”, “£49” and, for “£49”, “£50”. 4 1 Paragraph 6 of Schedule 3 shall stand as sub-paragraph (1) of that paragraph. 2 After paragraph 6(1) of Schedule 3, there shall be inserted the following:— 2 In computing disposable income, a payment made under the Community Care (Direct Payments) Act 1996 shall be disregarded. . 5 For “and” at the end of paragraph 16(b)(ii) of Schedule 3, there shall be substituted the following:— iii payments made under the Community Care (Direct Payments) Act 1996; and . Mackay of Clashfern, C. Dated 10th March 1997 We consent, Richard Ottaway Patrick McLoughlin Two of the Lords Commissioners of Her Majesty’s Treasury Dated 10th March 1997
TOWN AND COUNTRY PLANNING, SCOTLAND Citation, commencement and interpretation 1 1 This Order may be cited as the Town and Country Planning (General Development Procedure) (Scotland) Amendment Order 1997 and shall come into force on 9th April 1997. 2 In this Order “the 1992 Order ” means the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 . Amendment of interpretation article 2 In article 2(1) of the 1992 Order (interpretation)– a after the definition of “local advertisement” insert– “motorway” means any road to which the Motorways Traffic (Scotland) Regulations 1995 apply by virtue of regulation 3 thereof ; ; b after the definition of “outline planning permission” insert– “playing field” means an area of land extending to not less than 0.4 hectares used for any sport which is played on a pitch and may also include any adjoining land used for tennis courts, bowling greens and athletics tracks; . 3 1 In article 15(1) of the 1992 Order (consultations before grant of planning permission) insert– a after sub-paragraph (j)(ii)– iiA development for the purpose of creating a motorway service area or new development within the boundary of such an area; iiB development of land within 400 metres of the boundary of any motorway for the purpose of providing such services as refreshments, fuel or parking; iiC development of an area of land exceeding 2 hectares situated within one kilometre of a motorway junction for the purpose of providing fuel and refreshments; ; and b after sub-paragraph (n) – o the Scottish Sports Council where the development– i is likely to prejudice the existing use of any land as a playing field; ii is likely to result in the loss of land as a playing field; or iii is likely to prevent the use of land, which was last used as a playing field, from being used again for that purpose. . 2 Paragraph (1) of this article shall not apply in relation to applications for planning permission made before the date on which this Order comes into force. 4 In article 23 of the 1992 Order (appeals)– a in paragraph (1)(a)– i delete the words “or of a regional planning authority”; and ii after the words “the General Permitted Development Order” insert “refusing any consent, agreement or approval required by a condition imposed on a grant of planning permission”; b in paragraph (1)(c) delete the words “or of a regional planning authority”; c delete paragraph (2)(c); and d in paragraph (3) delete the words “or to the regional planning authority as the case may be”. George Kynoch Parliamentary Under Secretary of State, Scottish Office St Andrew’s House, Edinburgh 5th March 1997
NURSES, MIDWIVES AND HEALTH VISTORS This Order may be cited as the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (Electoral Scheme) Variation Order 1997 and shall come into force on 1st April 1997. Stephen Dorrell One of Her Majesty’s Principal Secretaries of State (Department of Health) 11th March 1997
CRIMINAL LAW, ENGLAND AND WALES Citation and commencement 1 These Regulations may be cited as the Prosecution of Offences (Revocation) Regulations 1997 and shall come into force on 1st April 1997. Revocation of 1978 Regulations 2 The Prosecution of Offences Regulations 1978 are hereby revoked. Nicholas Lyell Her Majesty’s Attorney General 11th March 1997
CRIMINAL LAW, ENGLAND AND WALES Citation and commencement 1 1 These Regulations may be cited as the Criminal Justice Act 1987 (Notice of Transfer) (Amendment) Regulations 1997 and shall, subject to paragraphs (2) and (3) below, come into force on 1st April 1997. 2 Paragraphs (a)(ii) and (b)(i) of regulation 2 below shall have effect in the same way as section 65 of the Criminal Procedure and Investigations Act 1996 (abolition of witness orders) has effect. 3 Paragraph (b)(ii) of regulation 2 below shall apply in relation to any alleged offences in relation to which section 74 of that Act (alibi) applies. Amendment of 1988 Regulations 2 The Criminal Justice Act 1987 (Notice of Transfer) Regulations 1988 shall be amended as follows— a in Form 1 in the Schedule— i paragraph 4(b) for the words “seriousness and complexity” there shall be substituted the words “seriousness or complexity”; ii paragraph 8, together with the heading “SCHEDULE OF PROPOSED WITNESSES” at the end of the Form, shall be omitted; b in Form 2 in the Schedule— i for paragraph 5 there shall be substituted the following paragraph— 5 I enclose a list of witnesses— a indicating those whom the Crown proposes to call to give oral evidence at your trial; and b indicating those whose attendance at your trial the Crown considers unnecessary on the ground that their evidence is unlikely to be required or unlikely to be disputed; together with copies of those statements or other documents outlining the evidence of those witnesses. ii paragraph 8 shall be omitted. Her Majesty’s Attorney General 11th March 1997