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The Children and Young Persons (Designation of Guernsey Order) Order 1971 In exercise of the powers conferred upon me by section 26(1) of the Children and Young Persons Act 1969, I hereby make the following Order: — 1 This Order may be cited as the Children and Young Persons (Designation of Guernsey Order) Order 1971 and shall come into operation on 22nd March 1971. 2 A special care order within the meaning of the Children and Young Persons (Guernsey) Law 1967, as amended by the Children and Young Persons (Amendment) (Guernsey) Law 1971, being an order which satisfies the conditions set out in section 26(1) of the Children and Young Persons Act 1969 (transfers between England or Wales and the Channel Islands or Isle of Man), is hereby designated for the purposes of the said section 26. R. Maudling One of Her Majesty's Principal Secretaries of State Home Office, Whitehall 3rd March 1971

The Commonwealth Telegraphs (Cable and Wireless Ltd. Pension) Regulations 1971 The Minister of Posts and Telecommunications, with the consent of the Minister for the Civil Service, in the exercise of the powers conferred upon him by section 49 of the Post Office Act 1969, and of all other powers enabling him in that behalf, hereby makes the following Regulations: Citation and commencement 1 These Regulations may be cited as the Commonwealth Telegraphs (Cable and Wireless Ltd. Pension) Regulations 1971, and shall come into operation on 2nd March 1971, but shall then have effect from the 30th September 1969, and shall be construed accordingly. Interpretation 2 1 These Regulations shall be read as one with the Commonwealth Telegraphs (Cable and Wireless Ltd. Pension) Regulations 1955 (hereinafter called “ the principal Regulations ”) . 2 In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them: “ the appointed day ” means the 1st October 1969, being the day appointed under section 1 of the Post Office Act 1969 for the purposes of that Act ; “ the Minister ” means the Minister of Posts and Telecommunications , and “ the Ministry ” shall be construed accordingly ; “ the paying authority ” in relation to a transferee who on the appointed day enters into the service of the Post Office means the Post Office, and in relation to one who remains in the employment of the civil service of the State means the Minister ; “ the Post Office ” means the authority established under section 6 of the Post Office Act 1969 ; “ the Post Office Staff Superannuation Scheme ” means the pension scheme established under Section 43(1) of the Post Office Act 1969 . 3 The Interpretation Act 1889, applies for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament. Amendments to the principal Regulations 3 The principal Regulations shall be amended as specified in the Schedule hereto. Christopher Chataway Minister of Posts and Telecommunications Dated 4th January 1971 Given under the official seal of the Minister for the Civil Service on 8th January 1971. K. H. McNeill Authorised by the Minister for the Civil Service THE SCHEDULE AMENDMENTS TO THE PRINCIPAL REGULATIONS Table 1 Item Regulation 1 2(1) For “the Post Office” in each place where it occurs substitute “the Department of the Postmaster General” . 2 In the definition of “the Superannuation Acts” delete “1950” and substitute “1965” . 3 At the end of the definition of “transferee” add “being a person who on the appointed day enters into the service of the Post Office or remains in the employment of the civil service of the State, or who has previously retired from the service of the Department of the Postmaster General” . 4 5 For “The Postmaster-General may” in line 1 substitute “The paying authority shall” . 5 Delete “out of the Post Office Fund” (substituted for “out of moneys provided by Parliament” by section 1(5) of the Post Office Act 1961). 6 After “or” in line 13 insert “the paying authority” . 7 For “the Post Office” in line 14 substitute “the Department of the Postmaster General, the Post Office or the civil service of the State (as the case may be)” . 8 For “the Postmaster-General” in the last line substitute “the Minister” . 9 6(1) For “The Postmaster-General may” in line 1 substitute “The paying authority shall” . 10 Delete “out of the Post Office Fund” (substituted for “out of moneys provided by Parliament” by section 1(5) of the Post Office Act 1961). 11 6(2) For “the Post Office” substitute “the Department of the Postmaster General” . 12 At the end of the paragraph insert “and in the employment of the Post Office or the civil service of the State (as the case may be) into which the person concerned entered or in which he continued, respectively, on the appointed day.” . 13 7 For “the Postmaster-General may” substitute “the paying authority shall” . 14 Delete “out of the Post Office Fund” (substituted for “out of moneys provided by Parliament” by section 1(5) of the Post Office Act 1961). 15 After “employed” in line 10 insert “in the Post Office or” . 16 8 After “Superannuation Acts” insert “or the Post Office Staff Superannuation Scheme” . 17 After “civil service of the State” insert “or the Post Office” . 18 10(3) After “Superannuation Acts” insert “or the Post Office Staff Superannuation Scheme” . 19 10(4) After “serving” in line 2 insert “in the Post Office or” . 20 10(4)(b) For “the Postmaster-General” substitute “the paying authority” . 21 10(5) For the words from “shall be payable” to “total of” , substitute “nor any Post Office Staff Superannuation Scheme benefits shall be payable but the paying authority shall pay to or in respect of the persons concerned a sum equal to the total of” . 22 10(6) Delete ‘and “Superannuation Acts benefits” ’ and substitute ‘ “Superannuation Acts benefits” and “Post Office Staff Superannuation Scheme benefits” ’. 23 11(1) After “the Post Office” insert “or the civil service of the State” . 24 For “the Postmaster-General may” substitute “the paying authority shall” . 25 Delete “out of the Post Office Fund” (substituted for “out of moneys provided by Parliament” by section 1(5) of the Post Office Act 1961). 26 11(2) For “the Post Office” substitute “the Department of the Postmaster General” . 27 At the end of the paragraph insert “and in the employment of the Post Office or the civil service of the State (as the case may be) into which the person concerned entered or in which he continued, respectively, on the appointed day.” . 28 13(2) After “Superannuation Acts” insert “or the Post Office Staff Superannuation Scheme” . 29 14(1) After “Superannuation Acts” insert “or the Post Office Staff Superannuation Scheme” . 30 15 After “Superannuation Acts” insert “or the Post Office Staff Superannuation Scheme” . 31 16(1) Delete the definition of “Superannuation Acts benefits” and substitute ‘ “Superannuation Acts benefits” and “Post Office Staff Superannuation Scheme benefits” mean any pension benefits (whether payable periodically or in a lump sum) which, apart from this regulation, would or might have been payable to or in respect of a person as an established civil servant or as an employee of the Post Office, except a return of periodical contributions under Part I or Part II of the Superannuation Act 1949 or Part III or Part IV of the Superannuation Act 1965 or in respect of pensions for widows, children and dependants under the Post Office Staff Superannuation Scheme.’. 32 16(2) After “as an established civil servant” insert “or in the Post Office” . 33 After “Superannuation Acts benefits” insert “or Post Office Staff Superannuation Scheme benefits” . 34 16(2)(b) For “the Postmaster-General” substitute “the paying authority” . 35 16(3) For the words from “shall be payable” to “total of” substitute “nor any Post Office Staff Superannuation Scheme benefits shall be payable but the paying authority shall pay to or in respect of the person concerned a sum equal to the total of” . 36 16(5) For “the Postmaster-General” in each place where it occurs substitute “the paying authority” . 37 18(1) For “The Postmaster-General may” in line 1 substitute “The paying authority shall” . 38 Delete “out of the Post Office Fund” (substituted for “out of moneys provided by Parliament” by section 1(5) of the Post Office Act 1961). 39 18(2) For “the Post Office” substitute “the Department of the Postmaster General” . 40 At the end of the paragraph insert “and in the employment of the Post Office or the civil service of the State (as the case may be) into which the person concerned entered or in which he continued, respectively, on the appointed day.” . 41 18(4) After “Superannuation Acts” insert “or the Post Office Staff Superannuation Scheme” . 42 After “civil service of the State” insert “or the Post Office” . 43 19(2) After “Superannuation Acts” in the second place where it occurs insert “or the Post Office Staff Superannuation Scheme” . 44 19(3) After “Superannuation Acts” insert “or the Post Office Staff Superannuation Scheme” . 45 After “established civil servant” insert “or a pensionable employee of the Post Office, respectively” . 46 20(2) After “Superannuation Acts” insert “or the Post Office Staff Superannuation Scheme” . 47 After “unestablished civil servants” insert “or unpensionable employees of the Post Office, respectively” . 48 20(3) After “Superannuation Acts” in the second place where it occurs insert “or the Post Office Staff Superannuation Scheme” . 49 After “established civil servant” in the second place where it occurs insert “or a pensionable employee of the Post Office, respectively” . 50 26(1)–(4) For “the Postmaster-General” in each place where it occurs substitute “the Minister” . 51 26(5) For “the Minister of Labour and National Service” substitute “the Secretary of State for Employment” . 52 26(6) For “the Postmaster-General” in line 2 substitute “the Minister” . 53 For “the Postmaster-General” in the last line substitute “the paying authority concerned” . 54 26(8) For “the Treasury” in line 1 substitute “the Civil Service Department” .

Armed Forces Act 1971 PART I Duration of Services Acts Duration of Army Act 1955, Air Force Act 1955 and Naval Discipline Act 1957 1 1 The Army Act 1955 and the Air Force Act 1955 shall, instead of expiring at the end of the year 1971, continue in force until the end of the year 1972, and shall then expire unless continued in force in accordance with the following provisions of this section. 2 The Naval Discipline Act 1957 shall also expire at the end of the year 1972 unless continued in force in accordance with those provisions. 3 Subject to subsection (4) below, Her Majesty may from time to time by Order in Council provide for any of the said Acts to continue in force for a period of twelve months beyond the day on which it would otherwise expire. 4 No Order in Council shall be made under subsection (3) above so as to continue any of the said Acts beyond the end of the year 1976. 5 No recommendation shall be made to Her Majesty in Council to make an order under subsection (3) above unless a draft thereof has been laid before Parliament and approved by resolution of each House of Parliament. 6 Section 1 of the Armed Forces Act 1966 shall be repealed at the end of the year 1971. PART II Revision of Service Offences and Punishments Misconduct in action and other offences arising out of military etc. service Misconduct in action, assisting the enemy, obstructing operations, etc. 2 1 The following provisions shall be substituted for sections 24 to 28 of the Army Act 1955: — Misconduct in action and other offences arising out of military service Misconduct in action. 24 1 A person subject to military law shall be guilty of an offence against this section if, without lawful excuse, he — a surrenders any place or thing to the enemy, or b abandons any place or thing which it is his duty to defend against the enemy or to prevent from falling into the hands of the enemy. 2 A person subject to military law shall be guilty of an offence against this section if, being in the presence or vicinity of the enemy, or being engaged in any action or operation against the enemy or under orders to be prepared for any action or operation by or against the enemy, he — a fails to use his utmost exertions to carry the lawful orders of his superior officers into execution, or b while on guard duty and posted or ordered to patrol, or while on watch, sleeps or, without having been regularly relieved, leaves any place where it is his duty to be, or c behaves in such a manner as to show cowardice, or induces any other person so to behave at a time when that other person, being a member of Her Majesty's forces or of a force co-operating with Her Majesty's forces, is in the presence or vicinity of the enemy, or is engaged in any action or operation against the enemy or under orders to be prepared for any action or operation by or against the enemy, or d uses words likely to cause despondency or unnecessary alarm. 3 A person guilty of an offence against this section shall, on conviction by court-martial, be liable — a if the offence consisted in an act or omission falling within subsection (1) or paragraph (a) of subsection (2) and was committed with intent to assist the enemy, to suffer death or any less punishment provided by this Act; b in any other case, to imprisonment or any less punishment provided by this Act. 4 The reference in subsection (2)(a) above to superior officers shall be construed in accordance with section 33(2) of this Act. Assisting the enemy. 25 1 A person subject to military law shall be guilty of an offence against this section if, knowingly and without lawful excuse, he — a communicates with, or gives intelligence to, the enemy, or b fails to make known to the proper authorities any information received by him from the enemy, or c furnishes the enemy with supplies of any description, or d having been captured by the enemy, serves with or aids the enemy in the prosecution of hostilities or of measures likely to influence morale, or in any other manner whatsoever not authorised by international usage, or e having been captured by the enemy, fails to take, or prevents or discourages any other person subject to service law who has been captured by the enemy from taking, any reasonable steps to rejoin Her Majesty's service which are available to him or, as the case may be, to that other person, or f harbours or protects an enemy not being a prisoner of war. 2 A person guilty of an offence against this section shall, on conviction by court-martial, be liable — a if the offence consisted in an act or omission falling within paragraph (a), (b), (c), (d) or (f) of subsection (1) and was committed with intent to assist the enemy, to suffer death or any less punishment provided by this Act, b in any other case, to imprisonment or any less punishment provided by this Act. Obstructing operations, giving false air signals, etc. 26 1 A person subject to military law shall be guilty of an offence against this section if he does any act likely to imperil the success of any action or operation on the part of any of Her Majesty's forces, or wilfully delays or discourages upon any pretext whatsoever any such action or operation. 2 A person subject to military law shall be guilty of an offence against this section if, knowingly and without lawful excuse, he gives any false air signal, or alters or interferes with any air signal or any apparatus for giving an air signal. 3 A person guilty of an offence against this section shall, on conviction by court-martial, be liable — a if the offence was committed with intent to assist the enemy, to suffer death or any less punishment provided by this Act; b in any other case, to imprisonment or any less punishment provided by this Act . 2 The provisions set out in subsection (1) above shall also be substituted for sections 24 to 28 of the Air Force Act 1955, but modified for that purpose by the substitution throughout of " air-force service " for " military service " and " air-force law " for " military law ". 3 The said provisions shall also be substituted for sections 2 to 5 of the Naval Discipline Act 1957, being numbered respectively as sections 2, 3 and 4 of that Act, and being modified for that purpose — a by the substitution throughout of " naval service " for " military service ", of " person subject to this Act ", for " person subject to military law ", and of " punishment authorised by this Act" for " punishment provided by this Act ", and b by the omission of subsection (4) of the first of those provisions, and the omission throughout of " on conviction by court-martial". Prize offences 3 1 The following provisions shall be inserted in the Army Act 1955 as sections 27 and 28: — Prize offences by commanding officers. 27 1 Any person subject to military law who, being in command of any of Her Majesty's ships or aircraft — a having taken any ship or aircraft as prize, fails to send to the High Court, or to some other prize court having jurisdiction in the case, all the ship papers or aircraft papers, as the case may be, found on board, or b unlawfully makes any agreement for the ransoming of any ship, aircraft or goods taken as prize, or c in pursuance of any such agreement as aforesaid, or otherwise by collusion, restores or abandons any ship, aircraft or goods taken as prize, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. 2 In this section 'prize court' means a prize court within the meaning of the Naval Prize Act 1864, and ' ship papers' and ' aircraft papers ' have the same meanings as in that Act. Other prize offences. 28 Any person subject to military law who — a strikes or otherwise ill-treats any person who is on board a ship or aircraft when taken as prize, or unlawfully takes from any such person anything in his possession, or b removes out of any ship or aircraft taken as prize (otherwise than for safe keeping or for the necessary use and service of any of Her Majesty's forces or any forces co-operating therewith) any goods not previously adjudged by a prize court within the meaning of the Naval Prize Act 1864 to be lawful prize, or c breaks bulk on board any ship or aircraft taken as prize, or detained in exercise of any belligerent right or under any enactment, with intent to steal anything therein, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act . 2 The provisions set out in subsection (1) above shall also be inserted in the Air Force Act 1955 as sections 27 and 28, but modified for that purpose by the substitution throughout of " air-force law " for " military law ". 3 Sections 23 and 24 of the Naval Discipline Act 1957 (under which prize offences are punishable by dismissal with disgrace or any less authorised punishment) shall each be amended by substituting the words " imprisonment for a term not exceeding two years " for the words " dismissal with disgrace from Her Majesty's service ". Offences by or in relation to sentries, persons on watch etc. 4 1 The following provision shall be substituted for section 29 of the Army Act 1955: — Offences by or in relation to sentries, persons on watch etc. 29 Any person subject to military law who — a while on guard duty and posted or ordered to patrol, or on watch, or under orders to regulate traffic by land, water or air, sleeps or, without having been regularly relieved, leaves any place where it is his duty to be, or b strikes or otherwise uses force against a member of Her Majesty's forces, or of any forces co-operating therewith, who is on guard duty and posted or ordered to patrol, or on watch, or under orders to regulate traffic by land, water or air, or c by the threat of force compels any such person as is mentioned in paragraph (b) above to let him or any other person pass, shall be liable, on conviction by court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act. 2 The provision set out in subsection (1) above shall also be substituted for section 29 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ". 3 The said provision shall also be substituted for section 6 of the Naval Discipline Act 1957 (including the cross-heading preceding that section), being numbered as section 6 of that Act, and being modified for that purpose by the substitution of " person subject to this Act " for " person subject to military law " and of " punishment authorised by this Act " for " punishment provided by this Act", and by the omission of " on conviction by court-martial ". Failure to attend for duty, neglect of duty etc. 5 1 The following provision shall be inserted in the Army Act 1955 after section 29, and section 41 of that Act (failure to ' perform military duties) shall accordingly cease to have effect: — Failure to attend for duty, neglect of duty etc. 29A Any person subject to military law who — a without reasonable excuse fails to attend for any duty of any description, or leaves any such duty before he is permitted to do so, or b neglects to perform, or negligently performs, any duty of any description, shall be liable, on conviction by court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act. 2 The provision set out in subsection (1) above shall also be inserted in the Air Force Act 1955 after section 29, but modified for that purpose by the substitution of " air-force law " for "military law "; and section 41 of that Act shall also cease to have effect. 3 The said provision shall also be substituted for section 7 of the Naval Discipline Act 1957 (neglect of duty), being numbered as section 7 of that Act, and being modified for that purpose by the substitution of " person subject to this Act " for " person subject to military law" and of " punishment authorised by this Act" for " punishment provided by this Act", and by the omission of " on conviction by court-martial ". Looting 6 1 Section 30 of the Army Act 1955 and section 30 of the Air Force Act 1955 (looting) shall each be amended as follows: — a in paragraph (a) (stealing etc. from the person of anyone killed or wounded in the course of warlike operations), for the words " killed or wounded in the course of warlike operations " there shall be substituted the words " killed, wounded or captured in the course of warlike operations, or killed, injured or detained in the course of operations undertaken by Her Majesty's forces for the preservation of law and order or otherwise in aid of the civil authorities " , and b in paragraph (b) (stealing property left exposed or unprotected in consequence of warlike operations), for the words " warlike operations " there shall be substituted the words " any such operations as are mentioned in paragraph (a) above ". 2 The following provision (being one corresponding to the provisions referred to in subsection (1) above as amended by that subsection) shall be inserted in the Naval Discipline Act 1957 as section 5: — Looting. 5 Any person subject to this Act who — a steals from, or with intent to steal searches, the person of anyone killed, wounded or captured in the course of warlike operations, or killed, injured or detained in the course of operations undertaken by Her Majesty's forces for the preservation of law and order or otherwise in aid of the civil authorities, or b steals any property which has been left exposed or unprotected in consequence of any such operations as are mentioned in paragraph (a) above, or c takes otherwise than for the public service any vehicle, equipment or stores abandoned by the enemy, shall be guilty of looting and liable to imprisonment or any less punishment authorised by this Act. Mutiny, insubordination, etc. Mutiny 7 A person taking part in a mutiny, or inciting another person to take part in a mutiny, shall not be liable to suffer death by reason only that the mutiny is one involving the use of violence or the threat of the use of violence, and accordingly — a in section 31(1)(a) of the Army Act 1955 and section 31(1)(a) of the Air Force Act 1955, the words " involving the use of violence or the threat of the use of violence, or " shall be omitted, and b section 9(1)(a) of the Naval Discipline Act 1957 shall cease to have effect. Insubordinate behaviour, and disobedience to lawful commands 8 1 Section. 33 of the Army Act 1955 and section 33 of the Air Force Act 1955 (insubordinate behaviour) shall each be amended by substituting the following for the proviso to subsection (1) (which limits imprisonment to two years for offences not committed on active service and not involving violence) — Provided that it shall be a defence for any person charged under this subsection to prove that he neither knew nor had reasonable cause to believe that the person in relation to whom the offence is alleged to have been committed was his superior officer. 2 The following provision shall be substituted for section 34 of the Army Act 1955 (disobedience to particular orders) and also, but with the substitution of " air-force law " for " military law ", for section 34 of the Air Force Act 1955: — Disobedience to lawful commands. 34 Any person subject to military law who, whether wilfully or through neglect, disobeys any lawful command (by whatever means communicated to him) shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act. 3 The following provisions shall be substituted for sections 11 and 12 of the Naval Discipline Act 1957 (striking a superior officer, and disobedience or threatening a superior officer): — Insubordinate behaviour. 11 Every person subject to this Act who — a strikes or otherwise uses violence to, or offers violence to, his superior officer, or b uses threatening or insubordinate language to, or behaves with contempt to, his superior officer, shall be liable to imprisonment or any less punishment authorised by this Act: Provided that it shall be a defence for any person charged under this section to prove that he neither knew nor had reasonable cause to believe that the person in relation to whom the offence is alleged to have been committed was his superior officer. Disobedience to lawful commands. 12 Any person subject to this Act who, whether wilfully or through neglect, disobeys any lawful command (by whatever means communicated to him) shall be liable to imprisonment or any less punishment authorised by this Act. Obstruction of provost officers etc. 9 1 Section 35 of the Army Act 1955 and section 35 of the Air Force Act 1955 (obstructing or refusing to assist any person known to be a provost officer, or to be a person exercising authority under or on behalf of a provost officer) shall each be amended by — a substituting for the words from " any person known " to " or to be a person " the words " any provost officer, or any person ", and b inserting the following proviso at the end — Provided that it shall be a defence for any person charged under this section to prove that he neither knew nor had reasonable cause to believe that the person in relation to whom the offence is alleged to have been committed was a provost officer or, as the case may be, a person legally exercising authority under or on behalf of a provost officer. 2 Section 14 of the Naval Discipline Act 1957 (wilfully obstructing or wilfully refusing to assist any provost officer, or any person exercising authority under or on behalf of a provost officer) shall be amended by omitting the word " wilfully " in both places where it occurs, and by inserting at the end a proviso similar in all respects to that set out in subsection (1)(b) above. Disobedience to standing orders etc. 10 1 Section 36 of the Army Act 1955 (disobedience to standing orders or other routine orders of a continuing nature made for any formation, unit, body of troops etc.) shall be amended by substituting, in subsection (2), for the words " body of troops " the words " body of Her Majesty's forces ". 2 Section 36 of the Air Force Act 1955 (which is to the like effect) shall be amended by substituting, in subsection (2), for the words " body of the air force " the words " body of Her Majesty's forces ". 3 The following provision (being one corresponding to the provisions referred to in subsections (1) and (2) above as amended by those subsections) shall be inserted in the Naval Discipline Act 1957 as section 14A: — Disobedience to standing orders. 14A 1 Every person subject to this Act who contravenes or fails to comply with any provision of orders to which this section applies, being a provision known to him or which he might reasonably be expected to know, shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act. 2 This section applies to standing orders or other routine orders of a continuing nature made for any formation or unit or body of Her Majesty's forces, or for any command or other area, garrison or place, or for any ship, vessel, train or aircraft. Desertion, absence without leave, etc. Desertion 11 1 The following provision shall be substituted for section 37 of the Army Act 1955: — Desertion. 37 1 Any person subject to military law who deserts shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act. 2 For the purposes of this Act a person deserts who — a leaves or fails to attend at his unit, ship or place of duty with the intention of remaining permanently absent from duty without lawful authority, or, having left or failed to attend at his unit, ship or place of duty, thereafter forms the like intention, or b absents himself without leave with intent to avoid serving at any place overseas, or to avoid service or any particular service when before the enemy, and references in this Act to desertion shall be construed accordingly. 2 The provision set out in subsection (1) above shall also be substituted for section 37 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ". 3 The following provision shall be substituted for section 15 of the Naval Discipline Act 1957: — Definition of ' desertion '. 15 A person is guilty of desertion within the meaning of this Act if he — a leaves or fails to attend at his unit, ship or place of duty with the intention of remaining permanently absent from duty without lawful authority, or, having left or failed to attend at his unit, ship or place of duty, thereafter forms the like intention, or b absents himself without leave with intent to avoid serving at any place overseas, or to avoid service or any particular service when before the enemy. ; and section 16 of that Act (subsections (1) and (2) of which penalise desertion by imprisonment or any less punishment authorised by that Act and by forfeiture) shall be amended by omitting subsection (3) (incitement to desert). Absence without leave 12 1 The following provision shall be substituted for section 38 of the Army Act 1955: — Absence without leave. 38 Any person subject to military law who — a absents himself without leave, or b improperly leaves his ship, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. 2 The provision set out in subsection (1) above shall also be substituted for section 38 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ". 3 Section 17 of the Naval Discipline Act 1957 shall be amended by omitting, in subsection (1), the words " without being guilty of desertion " immediately before paragraph (a) and the words " or place of duty " at the end of paragraph (b), and subsection (2) (so that the section corresponds with the provision set out in subsection (1) above except by continuing to provide for forfeiture as an additional punishment). Failure to report or apprehend deserters or absentees 13 1 The following provision shall be substituted for section 39 of the Army Act 1955: — Failure to report or apprehend deserters or absentees. 39 Any person subject to military law who, knowing that any other person so subject has committed an offence, or is attempting to commit an offence, under section 37(1) or section 38 of this Act — a fails to report the fact without delay, or b fails to take any steps within his power to cause that other person to be apprehended, shall be liable, on conviction by court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act. 2 The provision set out in subsection (1) above shall also be substituted for section 39 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ". 3 Section 18 of the Naval Discipline Act 1957 shall be amended so as to correspond with the said provision, that is to say, by substituting for the words from " has deserted " to " place of duty" immediately before paragraph (a) the words " has committed an offence, or is attempting to commit an offence, under section 16(1) or section 17(1) of this Act ". Malingering, drunkenness and disorderly conduct Malingering 14 Section 42(1)(c) of the Army Act 1955 (under which the injuring of another person can constitute malingering only if he is a person subject to military law), section 42(1 )(c) of the Air Force Act 1955 (under which the person injured must be subject to air-force law), and section 27(1) of the Naval Discipline Act 1957 (under which malingering does not include injury to others) shall be amended as follows: — a in the said sections 42(1)(c), the words " service law " shall be substituted for the words " military law " or, as the case may be, " air-force law ", and b in the said section 27(1), after the words " with that intent" there shall be inserted the words " if he injures another person subject to service law at the instance of that other person and with intent thereby to render that other person unfit for service ". Drunkenness 15 1 Section 43 of the Army Act 1955 and section 43 of the Air Force Act 1955 shall each be amended — a by omitting the proviso to subsection (1) (under which the maximum term of imprisonment for drunkenness is reduced from two years to six months in the case of an offence committed by a warrant officer, non-commissioned officer, soldier or airman who is neither on active service nor on duty), and b by substituting in subsection (2) (under which one test of drunkenness is whether a person is unfit to be entrusted with his duty or any duty he may be called upon to perform) for the words " he may be called upon to perform " the words " he might reasonably expect to be called upon to perform ". 2 Section 28 of the Naval Discipline Act 1957 shall be amended so as to correspond with the provisions referred to in subsection (1) above as amended by that subsection, that is to say, by inserting after the word " might " the words " reasonably expect to ". Disorderly conduct 16 1 The following provision shall be inserted in the Army Act 1955 after section 43: — Disorderly conduct Fighting, threatening words etc. 43A Any person subject to military law who, without reasonable excuse — a fights with any other person, whether subject to military law or not, or b uses threatening, abusive, insulting or provocative words or behaviour likely to cause a disturbance, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. 2 The provision set out in subsection (1) above shall also be inserted in the Air Force Act 1955 after section 43, but modified for that purpose by the substitution throughout of " air-force law " for " military law ". 3 Section 13 of the Naval Discipline Act 1957 shall be amended so as to correspond with the said provision, that is to say, by inserting the words " without reasonable excuse " at the end of the words preceding paragraph (a), and by omitting the words " or quarrels " after the word " fights " in that paragraph. Offences relating to service etc. property Service etc. property: damage, loss, misapplication and waste 17 1 The following provisions shall be substituted for sections 44 to 46 of the Army Act 1955: — Damage to, and loss of, public or service property etc. 44 1 Any person subject to military law who — a wilfully damages or causes the loss of, or is concerned in the wilful damage or loss of, any public or service property, or any property belonging to another person so subject, or b by wilful neglect causes or allows damage to, or the loss of, any public or service property or property so belonging, shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act. 2 Any person subject to military law who — a by any negligent act or omission causes or allows damage to, or the loss of, any public or service property, or b is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the loss of, any such property, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. Damage to, and loss of, Her Majesty's aircraft or aircraft material. 44A 1 Without prejudice to the generality of section 44 above, a person subject to military law shall be guilty of an offence against this section if he — a wilfully damages or causes the loss of, or is concerned in the wilful damage or loss of, any of Her Majesty's aircraft or' aircraft material, or b by wilful neglect causes or allows damage to, or the loss of, any of Her Majesty's aircraft or aircraft material, or c without lawful authority disposes of any of Her Majesty's aircraft or aircraft material, or d by any negligent act or omission causes or allows damage to, or the loss of, any of Her Majesty's aircraft or aircraft material, or e is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the loss of, any of Her Majesty's aircraft or aircraft material, or f during a state of war, wilfully and without proper occasion, or negligently, causes the sequestration by or under the authority of a neutral state, or the destruction in a neutral state, of any of Her Majesty's aircraft. 2 A person guilty of an offence against this section shall, on conviction by court-martial, be liable — a if his offence consisted in an act or omission falling within paragraph (a), (b) or (c) of subsection (1), or if it consisted in an act or omission falling within paragraph (f) of that subsection and it is proved that he acted wilfully or with wilful neglect, to imprisonment or any less punishment provided by this Act; b in any other case, to imprisonment for a term not exceeding two years or any less punishment provided by this Act. Misapplication and waste of public or service property. 45 Any person subject to military law who misapplies or wastefully expends any public or service property shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. Offences relating to issues and decorations. 46 1 Any person subject to military law who makes away with (whether by pawning, selling, destroying or in any other way), or loses, or by negligence damages or allows to be damaged — a any clothing, arms, ammunition or other equipment issued to him for his use for military purposes, or b any military, air-force or naval decoration granted to him, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. 2 It shall be a defence for a person charged under this section with losing any property that he took reasonable steps for its care and preservation. 2 The provisions set out in subsection (1) above shall also be substituted for sections 44 to 46 of the Air Force Act 1955, but modified for that purpose by the substitution throughout of " air-force law " for " military law " and, in the provision to become section 46 of that Act, of " air-force purposes" for " military purposes " and " air-force, military or naval decoration " for " military, air-force or naval decoration ". 3 The provisions set out in subsection (1) above and numbered there as sections 44, 44A and 45 shall also be substituted for sections 29 and 30 of the Naval Discipline Act 1957, being numbered as sections 29, 29A and 30 of that Act respectively, and being modified for that purpose by the substitution throughout of " person subject to this Act " for " person subject to military law " and of " punishment authorised by this Act" for " punishment provided by this Act", by the substitution, in the provision to become section 29A, of " 29 " for " 44 ", and by the omission throughout of " on conviction by court-martial ". Billeting offences Billeting offences 18 Section 47 of the Army Act 1955 and section 47 of the Air Force Act 1955 (billeting offences) shall each be amended so as to correspond with section 32 of the Naval Discipline Act 1957, that is to say, by substituting for paragraph (c) (offence for person billeted in any premises to commit any offence against other persons or property therein, or to damage the premises or any such property wilfully or by wilful neglect) the following paragraph: — c wilfully or by wilful neglect damages, or causes or allows to be damaged, any premises in which he is billeted in pursuance of such a requisition, or any property being in such premises. Navigation and flying offences etc. Loss or hazarding of ship 19 1 The following provision shall be inserted in the Army Act 1955 after the cross-heading following section 48 of that Act: — Loss or hazarding of ship. 48A Any person subject to military law who, either wilfully or by negligence, causes or allows to be lost, stranded or hazarded any of Her Majesty's ships shall, on conviction by court-martial, be liable — a if he acts wilfully or with wilful neglect, to imprisonment or any less punishment provided by this Act, b in any other case, to imprisonment for a term not exceeding two years or any less punishment so provided. 2 The provision set out in subsection (1) above shall also be inserted in the Air Force Act 1955 after the cross-heading following section 48 of that Act, but modified for that purpose by the substitution of " air-force law " for " military law ". 3 Section 19 of the Naval Discipline Act 1957 (loss or hazarding of ship or aircraft) shall be amended so as to correspond with the said provision, that is to say, by omitting paragraph (b) (loss or hazarding of aircraft) together with the word " or " immediately preceding that paragraph. Inaccurate certification of ships and aircraft 20 1 The following provision (being one corresponding to section 25 of the Naval Discipline Act 1957) shall be substituted for section 50 of the Army Act 1955 (which relates to the inaccurate certification of aircraft and aircraft material only): — Inaccurate certification. 50 Any person subject to military law who makes or signs, without having ensured its accuracy. — a a certificate relating to any matter affecting the seagoing or fighting efficiency of any of Her Majesty's ships, or b any certificate relating to any of Her Majesty's aircraft or aircraft material, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. 2 The provision set out in subsection (1) above shall also be substituted for section 50 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ". Low flying, and annoyance by flying 21 1 The following proviso shall be inserted at the end of sections 51 and 52 of the Army Act 1955 (which penalise pilots subject to military law for low flying and flying so as to cause annoyance), and also at the end of sections 51 and 52 of the Air Force Act 1955 and sections 21 and 22 of the Naval Discipline Act 1957 (which make corresponding provision for pilots subject to air-force law or, as the case may be, to the said Act of 1957): — Provided that where a pilot flies an aircraft in contravention of this section on the orders of some other person who is in command of the aircraft, that other person shall be treated for the purposes of this section as having been the pilot of, and flying, the aircraft at the material time. 2 The said sections 52 (under which the maximum penalty for flying so as to cause annoyance is imprisonment for a term not exceeding two years) shall each be further amended so as to impose the same maximum penalty as that imposed by the said section 22, that is to say, by substituting for the words " imprisonment for a term not exceeding two years " the words " dismissal from Her Majesty's service ". Offences relating to, and by, persons in custody Permitting escape, resisting arrest, and escaping 22 The following provisions (being provisions corresponding to sections 54 to 56 of the Army Act 1955 and the Air Force Act 1955) shall be inserted in the Naval Discipline Act 1957 immediately after section 33: — Offences relating to, and by, persons in custody Permitting escape, and unlawful release of prisoners. 33A 1 Every person subject to this Act who wilfully allows to escape any person who is committed to his charge, or whom it is his duty to guard, shall be liable to imprisonment or any less punishment authorised by this Act. 2 Every person subject to this Act who — a without proper authority releases any person who is committed to his charge, or b without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to guard, shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act. Resistance to arrest. 33B 1 Every person subject to this Act who, being concerned in any quarrel or disorder, refuses to obey any officer who orders him into arrest, or strikes or otherwise uses violence to, or offers violence to, any such officer, shall be guilty of an offence against this section whether or not the officer is his superior officer. 2 Every person subject to this Act who strikes or otherwise uses violence to, or offers violence to, any person, whether subject to this Act or not, whose duty it is to apprehend him or in whose custody he is shall be guilty of an offence against this section. 3 Every person guilty of an offence against this section shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act. Escape from confinement. 33C Every person subject to this Act who escapes from arrest, prison or other lawful custody (whether naval or not), shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act. Miscellaneous offences Offences in relation to courts-martial 23 1 Section 57(2) of the Army Act 1955, section 57(2) of the Air Force Act 1955 and section 38(3) of the Naval Discipline Act 1957 (power of courts-martial to deal summarily with offences committed in relation there(a) shall have effect subject to the amendments specified in subsections (2) and (3) below (being amendments enabling a court-martial held in pursuance of either of the said Acts of 1955 so to deal, as can a court-martial held in pursuance of the said Act of 1957, with all such offences, and amendments giving uniform powers of punishment to courts-martial so dealing). 2 In the said provisions of the Army Act 1955 and the Air Force Act 1955, the words " paragraph (e) or (f) of " shall be omitted; and, for all the words from " order the offender " to the end there shall be substituted the words " sentence the offender — a if he is an officer, to imprisonment for a term not exceeding twenty-one days, or to a fine not exceeding the amount of his pay for twenty-eight days (a day's pay being taken for this purpose as the gross amount which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made), b in any other case, to imprisonment or detention for such a term as aforesaid, or to such a fine as aforesaid." 3 In the said provision in the Naval Discipline Act 1957, for all the words after " sentence " there shall be substituted the words " the offender — a if he is an officer, to imprisonment for a term not exceeding twenty-one days, or to a fine not exceeding the amount of his pay for twenty-eight days (a day's pay being taken for this purpose as the gross amount which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made), b in any other case, to imprisonment or detention for such a term as aforesaid, or to such a fine as aforesaid." Unauthorised disclosure of information 24 1 The following provision (being one corresponding to section 34 of the Naval Discipline Act 1957) shall be substituted for section 60 of the Army Act 1955 (injurious disclosures) : — Unauthorised disclosure of information. 60 1 Any person subject to military law who without lawful authority discloses or purports to disclose, whether orally, in writing, by signal or by any other means whatsoever, information relating to any matter upon which information would or might be useful to an enemy shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. 2 It shall be a defence for a person charged with an offence under this section that he did not know and had no reasonable cause to believe that the information disclosed related to a matter upon which information would or might be directly or indirectly useful to an enemy. 2 The provision set out in subsection (1) above shall also be substituted for section 60 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ". False statements on entry into Royal Navy 25 The following provision (which reproduces the effect of section 8(2) of the Armed Forces Act 1966, and corresponds with section 61 of the Army Act 1955 and section 61 of the Air Force Act 1955) shall be inserted in the Naval Discipline Act 1957 after section 34: — False statements on entry. 34A Any person who, when offering himself to be entered for service in the Royal Navy, has knowingly made a false answer to any question put to him in connection with his entry into such service by, or by the direction of, an officer or other person authorised under regulations made by the Defence Council to enter persons for such service shall, if he has since become and remains subject to this Act, be liable to imprisonment for a term not exceeding three months or any less punishment authorised by this Act. Falsification of documents 26 1 Section 62 of the Army Act 1955 and section 62 of the Air Force Act 1955 (falsification etc. of any service report, return, pay list or certificate or other service document) shall each be amended as follows — a the word " service " shall be omitted in each place where it occurs before the word " report " , and shall be replaced by the word " official" in each place where it occurs before the word " document ", b in paragraph (c) (with intent to defraud, failing to make any entry), for the word " defraud" there shall be substituted the word " deceive " , and c paragraph (d) (aiding and abetting etc.) shall be omitted, together with the word " or "immediately preceding that paragraph. 2 The following provision (being one corresponding to the provisions referred to in subsection (1) above as amended by that subsection) shall be substituted for section 35 of the Naval Discipline Act 1957 : — Falsification of documents. 35 Every person subject to this Act who — a makes, signs, or makes an entry in, any report, return, pay list or certificate or other official document, being a document or entry which is to his knowledge false in a material particular, or b alters any report, return, pay list or certificate or other official document, or alters any entry in such a document, so that the document or entry is to his knowledge false in a material particular, or suppresses, defaces or makes away with any such document or entry which it is his duty to preserve or produce, or c with intent to deceive, fails to make an entry in any such document, shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act. Offences against civilian population 27 The following provision (being one corresponding to section 63 of the Army Act 1955 and section 63 of the Air Force Act 1955) shall be inserted in the Naval Discipline Act 1957 after section 35: — Offences against civilian population. 35A Every person subject to this Act who, in any country or territory outside the United Kingdom, commits any offence against the person or property of any member of the civilian population shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act. Offences against morale 28 1 The following provision shall be inserted in the Army Act 1955 after section 63: — Offences against morale. 63A Any person subject to military law who spreads (whether orally, in writing, by signal, or otherwise) reports relating to operations of Her Majesty's forces, of any forces co-operating therewith, or of any part of any of those forces, being reports likely to create despondency or unnecessary alarm, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. 2 The provision set out in subsection (1) above shall also be inserted in the Air Force Act 1955 after section 63, but modified for that purpose by the substitution of " air-force law " for " military law ". 3 The said provision shall also be inserted in the Naval Discipline Act 1957 after that inserted in that Act by section 27 above, being numbered as section 35B of that Act, and being modified for that purpose by the substitution of " person subject to this Act " for " person subject to military law" and of " punishment authorised by this Act " for " punishment provided by this Act", and by the omission of " on conviction by court-martial ". Scandalous conduct by officers 29 1 The following provision shall be substituted for section 64 of the Army Act 1955 (under which an officer who behaves in a scandalous manner unbecoming the character of an officer and a gentleman is to be cashiered): — Scandalous conduct by officers. 64 Every officer subject to military law who behaves in a scandalous manner unbecoming the character of an officer shall, on conviction by court-martial, be liable to dismissal from Her Majesty's service with or without disgrace. 2 The provision set out in subsection (1) above shall also be substituted for section 64 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ". 3 Section 36 of the Naval Discipline Act 1957 shall be amended so as to correspond with the said provision, that is to say, by substituting for the words " is guilty of cruelty or of any scandalous, fraudulent or other conduct " the words " behaves in a scandalous manner ". Ill-treatment of persons of inferior rank etc. 30 The following provision (being one corresponding to section 65 of the Army Act 1955 and section 65 of the Air Force Act 1955) shall be inserted in the Naval Discipline Act 1957 after section 36: — Ill-treatment of persons of inferior rank etc. 36A If — a any officer subject to this Act strikes or otherwise ill-treats any officer subject thereto of inferior rank or less seniority, or any rating so subject, or b any rating subject to this Act and of or above the rate of leading seaman strikes or otherwise ill-treats any rating subject thereto of inferior rate or less seniority, he shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act. Disgraceful conduct 31 Section 37 of the Naval Discipline Act 1957 (disgraceful conduct of an indecent kind) shall be amended so as to correspond with section 66 of the Army Act 1955 and section 66 of the Air Force Act 1955, that is to say, by substituting for the words " disgraceful conduct of an indecent kind " the words " disgraceful conduct of a cruel, indecent or unnatural kind ", and for the words " dismissal with disgrace from Her Majesty's service " the words " imprisonment for a term not exceeding two years." Attempts, aiding and abetting etc., and inciting 32 1 Section 68 of the Army Act 1955 (which penalises attempts to commit offences, but does not extend to the offence under section 69 of that Act of conduct etc. to the prejudice of good order and military discipline) and section 68 of the Air Force Act 1955 (which is to the like effect) shall each be amended by inserting, after the words " offence against any of the foregoing provisions of this Part of this Act " , the words " or against section 69 below ". 2 The following provision shall be inserted in the Army Act 1955 after the said section 68: — Aiding and abetting etc., and inciting. 68A 1 Any person subject to military law who aids, abets, counsels or procures the commission by another person of an offence against any of the foregoing provisions of this Part of this Act, or against section 69 below, or who incites another person to commit any such offence, shall himself be guilty of the offence in question, and shall be liable to be charged, tried and punished accordingly. 2 A person may be guilty by virtue of subsection (1) above of an offence against section 62 of this Act whether or not he knows the nature of the document in question. 3 The provision set out in subsection (2) above shall also be inserted in the Air Force Act 1955 after section 68, but modified for that purpose by the substitution of " air-force law " for " military law ". 4 The said provision shall also be substituted for section 41 of the Naval Discipline Act 1957 (which relates to aiding, abetting, counselling and procuring, but not to incitement), being numbered as section 41 of that Act, and being modified for that purpose — a in subsection (1), by the substitution of " person subject to this Act " for " person subject to military law " and the omission of " this Part of " and " or against section 69 below ", and b in subsection (2), by the substitution of " section 35 "for " section 62 ". Conduct to the prejudice of service discipline 33 Section 69 of the Army Act 1955 and section 69 of the Air Force Act 1955 (act conduct or neglect to prejudice of good order and military or air force discipline) shall each be amended by omitting the word " act "; and section 39 of the Naval Discipline Act 1957 (act, disorder or neglect to prejudice of good order and naval discipline, being one not described in the foregoing provisions of that Act) shall be amended by substituting the word " conduct " for the words " act, disorder", by omitting the words " not described in the foregoing provisions of this Act ", and by substituting the words " imprisonment for a term not exceeding two years " for the words " dismissal with disgrace from Her Majesty's service ". Civil offences 34 1 Section 70 of the Army Act 1955 (trial by court-martial for civil offence) shall be amended — a by omitting the proviso to subsection (3) (under which, for an offence for which a civil court could not award imprisonment, a court-martial may impose certain service penalties greater than a fine), and b by adding after subsection (5) the following subsection (which corresponds to section 42(2) of the Naval Discipline Act 1957): — 6 A person subject to military law may be charged with an offence against this section notwithstanding that he could on the same facts be charged with an offence against any other provision of this Part of this Act. 2 Section 70 of the Air Force Act 1955 shall have effect subject to the like amendments, save that, in the subsection to be added thereto, " air-force law " shall be substituted for " military law ". 3 Section 42(1) of the Naval Discipline Act 1957 (which enables a court-martial under that Act to punish certain civil offences more severely than could a civil court) shall be amended so as to correspond with section 70(3) of the Army Act 1955 and section 70(3) of the Air Force Act 1955 as above amended, that is to say, by substituting the following for paragraph (c): — c in the case of any other offence, to such punishment or punishments (being a punishment or punishments authorised by this Act) as could be imposed on the offender on conviction by a civil court of the like offence committed in England, or to any punishment so authorised which is less than the maximum punishment which could be so imposed. Abolition of certain offences Abolition of certain offences 35 The following provisions shall cease to have effect — a in the Army Act 1955 and the Air Force Act 1955, sections 40 (falsely obtaining or prolonging leave), 53 (irregular arrest and confinement), 58 (false evidence) and 67 (false accusations etc.), and b in the Naval Discipline Act 1957, section 26 (improper carriage of goods). Punishments Punishments for army and air-force offences dealt with by courts-martial 36 The following provision shall be substituted for sections 71 to 73 of the Army Act 1955, and also (but modified for that purpose by the substitution of " an airman " for " a soldier " in subsection (2)(d)) for sections 71 to 73 of the Air Force Act 1955: — Punishments available to courts-martial Scale of punishments, and supplementary provisions. 71 1 The punishments which may be awarded by sentence of a court-martial under this Act are, subject to the following provisions of this section and to the limitations hereinafter provided on the powers of certain courts-martial, as follows — a death, b imprisonment, c dismissal with disgrace from Her Majesty's service, d dismissal from Her Majesty's service, e detention for a term not exceeding two years, f forfeiture of seniority for a specified term or otherwise, g reduction to the ranks or any less reduction in rank, h fine, i severe reprimand, j reprimand, k in the case of an offence which has occasioned any expense, loss or damage, stoppages, and l such minor punishments as may from time to time be authorised by the Defence Council; and references in this Act to any punishment provided by this Act are, subject to the limitation imposed in any particular case by the addition of the word " less", references to any one or more of the said punishments. For the purposes of this Part of this Act a punishment specified in any of the above paragraphs shall be treated as less than the punishments specified in the paragraphs preceding that paragraph and greater than those specified in the paragraphs following it: Provided that detention shall not be deemed to be a less punishment than imprisonment if the term of detention is longer than the term of imprisonment. 2 Subsection (1) above shall have effect — a in relation to a convicted person who is an , officer, with the omission of paragraphs (e), (g) and (l), b in relation to a convicted person who is a warrant officer, with the omission of paragraphs (f) and (l), c in relation to a convicted person who is a non-commissioned officer, with the omission of paragraph (f), and d in relation to a convicted person who is a soldier, with the omission of paragraphs (f), (g). (i) and (j). 3 A person sentenced by a court-martial to imprisonment shall also be sentenced either to dismissal with disgrace from Her Majesty's service or to dismissal from Her Majesty's service : Provided that, if the court-martial fail to give effect to this subsection, their sentence shall not be invalid, but shall be deemed to include a sentence of dismissal from Her Majesty's service. 4 A warrant officer or non-commissioned officer sentenced by a court-martial to imprisonment, to dismissal from Her Majesty's service (whether or not with disgrace), or to detention, shall also be sentenced to be reduced to the ranks: Provided that, if the court-martial fail to give effect to this subsection, their sentence shall not be invalid, but shall be deemed to include a sentence of reduction to the ranks. 5 The amount of a fine that may be awarded by a court-martial — a except in the case of an offence against section 70 of this Act, shall not exceed the amount of the offender's pay for twenty-eight days or, where the offence was committed on active service, fifty-six days, and b in the said excepted case — i where the civil offence constituting an offence against that section is punishable by a civil court in England only on summary conviction, and is so punishable by a fine, shall not exceed the maximum amount of that fine, and ii where the said civil offence is punishable by a civil court in England on indictment (whether or not it is also punishable on summary conviction) by a fine, shall not exceed the maximum amount of that fine ; and for the purposes of this subsection a day's pay shall, as regards a person found guilty of an offence, be deemed to be the gross pay that is, or would (apart from any forfeiture) be, issuable to that person in respect of the day on which punishment is awarded in respect of the offence. Punishments for army and air-force offences dealt with summarily 37 1 The following subsection shall be substituted for subsection (3) of section 78 of the Army Act 1955 (punishments on summary dealings with offences against military law by non-commissioned officers and soldiers), and also (but modified for that purpose by the substitution of " an airman " for " a soldier " in the first paragraph (a)) for subsection (3) of section 78 of the Air Force Act 1955 (corresponding provision for offences against air-force law by non-commissioned officers and airmen): — 3 Otherwise, the commanding officer shall proceed to deal with the charge summarily; and if he records a finding of guilty, he may award one or more of the following punishments — a if the accused is a soldier, detention for a period not exceeding twenty-eight days, b fine, c if the accused is a non-commissioned officer, severe reprimand or reprimand, d where the offence has occasioned any expense, loss or damage, stoppages, and e any minor punishment for the time being authorised by the Defence Council: Provided that no fine or minor punishment shall be awarded for an offence for which detention is awarded : And provided also that the amount of a fine that may be awarded — a except in the case of an offence against section 70 of this Act, shall not exceed the amount of the offender's pay for fourteen days or, where the offence was committed on active service, twenty-eight days, and b in the said excepted case — i in any case, shall not exceed the amount of the offender's pay for fourteen days or, where the civil offence constituting the offence against that section was committed on active service, twenty-eight days, and ii where the said civil offence is punishable by a civil court in England only on summary conviction, and is so punishable by any fine of a maximum amount less than the amount limited by sub-paragraph (i) above, shall not exceed that maximum, and iii where the said civil offence is punishable by a civil court in England on indictment by a fine of a maximum amount less than the amount so limited (whether or not it is also punishable on summary conviction) shall not exceed that maximum, a day's pay being taken for the purposes of this proviso, as regards a person found guilty of any offence, as the gross pay that is, or would (apart from any forfeiture) be, issuable to that person in respect of the day on which punishment is awarded in respect of the offence. 2 The following subsection shall be substituted for subsection (5) of section 79. of the Army Act 1955 (punishments on summary dealings with offences against military law by officers and warrant officers), and also for subsection (5) of section 79 of the Air Force Act 1955 (corresponding provision for offences against air-force law): — 5 If the appropriate superior authority records a finding of guilty, the authority may award one or more of the following punishments — a except in the case of a warrant officer, forfeiture of seniority for a specified term or otherwise, b fine, c severe reprimand or reprimand, and d where the offence has occasioned any expense, loss or damage, stoppages: Provided that the appropriate superior authority may not award both forfeiture of seniority and a fine: And provided also that the second proviso to section 78(3) of this Act shall have effect as respects fines awarded by virtue of this section as it has effect as respects fines awarded by virtue of the said section 78. Punishments for naval offences 38 The following provision shall be substituted for sections 43 and 44 of the Naval Discipline Act 1957: — Scale of punishments, and supplementary provisions. 43 1 The punishments which may be awarded to persons convicted of offences under this Part of this Act are, subject to the following provisions of this section, as follows: — a death, b imprisonment, c dismissal with disgrace from Her Majesty's service, d dismissal from Her Majesty's service, e detention for a term not exceeding two years, f forfeiture of seniority for a specified term or otherwise, g dismissal from the ship or naval establishment to which the offender belongs, h disrating, i fine, j severe reprimand, k reprimand, l in the case of an offence which has occasioned any expense, loss or damage, stoppages, that is to say, the recovery, by deductions from the offender's pay, of a specified sum by way of compensation for the expense, loss or damage, and m such minor punishments as may from time to time be authorised by the Defence Council; and references in this Act to any punishment authorised by this Act are, subject to the limitation imposed in any particular case by the addition of the word " less ", references to any one or more of the said punishments. For the purposes of this Part of this Act a punishment specified in any of the above paragraphs shall be treated as less than the punishments specified in the paragraphs preceding that paragraph and greater than those specified in the paragraphs following it: Provided that detention shall not be deemed to be a less punishment than imprisonment if the term of detention is longer than the term of imprisonment. 2 Subsection (1) above shall have effect — a in relation to a convicted person who is an officer, with the omission of paragraphs (e), (h) and (m), b in relation to a convicted person who is a warrant officer, with the omission of paragraphs (f), (g) and (m), and c in relation to a convicted person who is a rating below the rate of warrant officer with the omission of paragraphs (f) and (g) and, if he is below the rate of leading seaman, of paragraphs (h), (j) and (k) also. 3 A person sentenced under this Act to imprisonment shall also be sentenced either to dismissal with disgrace from Her Majesty's service or to dismissal from Her Majesty's service: Provided that, if the sentencing authority fail to give effect to this subsection, their sentence shall not be invalid, but shall be deemed to include a sentence of dismissal from Her Majesty's service. 4 A rating of the rate of leading seaman or above sentenced under this Act to imprisonment, to dismissal from Her Majesty's service (whether or not with disgrace), or to detention, shall also be sentenced to disrating: Provided that, if the sentencing authority fail to give effect to this subsection, their sentence shall not be invalid, but shall be deemed to include a sentence of disrating. 5 A sentence of disrating awarded in compliance with subsection (4) above, or deemed to have been awarded by virtue of the proviso to that subsection, shall be one reducing the offender to such rate as may be prescribed in relation to persons of the class to which he belongs by regulations made by the Defence Council; and any other sentence of disrating under this Act may reduce the offender to any rate not lower than that so prescribed. 6 The amount of a fine that may be awarded under this Act by way of punishment for an offence, except in the case of an offence under section 42 thereof, shall not exceed the amount of the offender's pay for twenty-eight days or, where the offence was committed on active service, fifty-six days; and in the said excepted case — a the amount of a fine that may be so awarded by a court-martial — i where the civil offence constituting the offence under that section is punishable by a civil court in England only on summary conviction, and is so punishable by a fine, shall not exceed the maximum amount of that fine, and ii where the said civil offence is punishable by a civil court in England on indictment (whether or not it is also punishable on summary conviction) by a fine, shall not exceed the maximum amount of that fine; b the amount of a fine that may be so awarded where the offence is tried summarily — i in any case shall not exceed the amount of the offender's pay for twenty-eight days or, where the civil offence constituting the offence was committed on active service, fifty-six days, and ii where the said civil offence is punishable by a civil court in England only on summary conviction, and is so punishable by a fine of a maximum amount less than the amount mentioned in sub-paragraph (i) above, shall not exceed that maximum, and iii where the said civil offence is punishable by a civil court in England on indictment by a fine of a maximum amount less than the amount so mentioned (whether or not it is also punishable on summary conviction) shall not exceed that maximum; and for the purposes of this subsection a day's pay shall, as regards a person found guilty of an offence be deemed to be the gross pay that is, or would (apart from any forfeiture) be, issuable to that person in respect of the day on which punishment is awarded in respect of that offence. Imprisonment and detention: consecutive terms 39 1 The following provision shall be inserted in the Army Act 1955 after section 118: — Consecutive terms of imprisonment and detention. 118A 1 Where any person who is serving a sentence of imprisonment, whether passed under this Act or otherwise, is awarded a military sentence of imprisonment, or where a person who is awarded a military sentence of imprisonment is further sentenced to imprisonment under section 57(2) of this Act, the court-martial by whom the subsequent or further sentence is awarded may order that that sentence shall begin to run from the expiry of the first-mentioned sentence. 2 Where any person who is serving a military sentence of detention, or a sentence of detention passed on him under the Air Force Act 1955 or the Naval Discipline Act 1957, is found guilty under this Act of another offence for which he is awarded a military sentence of detention, or where a person who is awarded a military sentence of detention is further sentenced to detention under section 57(2) of this Act, the court-martial or officer by whom the subsequent or further sentence is awarded may order that that sentence shall begin to run from the expiry of the first-mentioned sentence. 3 Where a person is convicted by a. general court-martial or a field general court-martial of two or more offences against section 70 of this Act consisting in the commission of a civil offence for which a civil court in England could award imprisonment, the court-martial may by its sentence award, for any of the said offences, a term of imprisonment which is to run from the expiry of a term awarded by that sentence for any other of those offences. 2 The provision set out in subsection (1) above shall also be inserted in the Air Force Act 1955 after section 118, but modified for that purpose — a by the substitution throughout subsections (1) and (2) of that provision of " an air-force sentence of imprisonment " for " a military sentence of imprisonment " and " an air-force sentence of detention " for " a military sentence of detention ". and b by the substitution in the said subsection (2) of " the Army Act 1955 " for " the Air Force Act 1955 ". 3 The following subsection shall be added at the end of section 86 of the Naval Discipline Act 1957 (subsections (1) and (2) of which make provision corresponding to subsections (1) and (2) of the provision set out in subsection (1) above): — 3 Where a person is convicted by a court-martial of two or more offences under section 42 of this Act consisting in the commission of a civil offence for which a civil court in England could award imprisonment, the court-martial may by its sentence award, for any of the said offences, a term of imprisonment which is to run from the expiry of a term awarded by that sentence for any other of those offences. Detention for army and air-force offences: limitation of total period 40 The following provision (being one which re-enacts the existing law with minor modifications, and corresponds to section 89 of the Naval Discipline Act 1957) shall be inserted in the Army Act 1955 after section 119, and also (but modified for that purpose by the substitution of " the Army Act 1955 " for " the Air Force Act 1955 " in subsection (3)) in the Air Force Act 1955 after section 119: — Limitation of total period of sentences of detention. 119A 1 Notwithstanding anything in this Part of this Act, no offender shall be kept continuously in detention for a period exceeding two years in pursuance of two or more sentences of detention. 2 Subsection (1) above shall not affect the validity of any order or direction under this Part of this Act that a sentence of detention shall begin to run from the expiry of another such sentence; but so much of any term of detention to which any such order or direction relates as would prolong the total term of detention beyond two years shall be remitted by virtue of the order or direction. 3 Where any person who has been sentenced by a court-martial (whether under this Act, the Air Force Act 1955 or the Naval Discipline Act 1957) to detention is subsequently sentenced by a court-martial under this Act to imprisonment, any part of the sentence of detention which has not been served shall thereupon be remitted by virtue of this subsection. Other provisions Time for trial of offences under section 42 of Naval Discipline Act 1957 41 Section 52 of the Naval Discipline Act 1957 (subsections (1) and (2) of which prevent the trial of a naval offence more than three years after its commission and more than three months after the offender has ceased to be subject to that Act, and subsection (3) of which excludes those subsections in the case of mutiny, desertion and, with the consent of the Attorney General, any civil offence punishable under section 42 of that Act and committed outside the United Kingdom) shall be amended so as to correspond, as respects civil offences, with section 132 of the Army Act 1955 and section 132 of the Air Force Act 1955, that is to say, by substituting for the said subsection (3) the following subsection: — 3 Subsections (1) and (2) above shall not apply to an offence of mutiny or desertion; and, in the case of a civil offence punishable under section 42 of this Act — a if proceedings for the civil offence must, by virtue of any enactment, be brought within a limited time, that limit of time shall apply to the trial of the offence under the said section 42 in substitution for the provisions of subsection (1) above, and b if the civil offence was committed outside the United Kingdom and the Attorney General consents to the trial — i subject to any such limit of time as is mentioned in paragraph (a) above, the offence may be tried under that section notwithstanding that it was committed more than three years before the beginning of the trial, and ii subsection (2) above shall not apply. Naval offences by civilians 42 Section 118(2) of the Naval Discipline Act 1957 (which applies certain provisions of that Act, including section 39 (conduct to prejudice of naval discipline), to certain civilians who are within the limits of the command of any officer commanding any of Her Majesty's naval forces outside the United Kingdom) shall be amended by adding at the end the following proviso: — Provided that the said section 39 shall not apply to a person by virtue only of this subsection except at a time when he is on board one of Her Majesty's ships. Consequential, and minor, amendments 43 The enactments specified in Schedule 1 to this Act shall have effect subject to the amendments there specified in relation thereto, being amendments consequential on, or minor amendments connected with, the preceding provisions of this Part of this Act. PART III Revision of Procedural Provisions, and other matters relating to Service Offences and Punishments Arrest by civil authorities 44 1 Section 103 of the Naval Discipline Act 1957 (arrest under warrants of naval authorities) shall be amended by adding the following subsection at the end: — 4 A certificate under subsection (3) above shall be in such form as may be prescribed by regulations made by a Secretary of State by statutory instrument and shall for the purpose of this Act be evidence of the matters stated therein. 2 The following provisions (being provisions corresponding to section 103 of the Naval Discipline Act 1957 (as amended by subsection (1) above) and section 104 of that Act) shall be inserted in the Army Act 1955 after section 190, and also (but modified for that purpose by the substitution of " air-force custody " for " military custody " and " air forces " for " military forces" throughout subsection (3) of the provision numbered 190A) in the Air Force Act 1955 after section 190: — Further powers of arrest of civil authorities Arrest under warrants of commanding officers 190A 1 A warrant for the arrest of a person suspected of any offence under Part II of this Act may be issued by his commanding officer (determined for the purposes of this subsection as if that person had been charged with the offence). 2 A warrant issued under this section shall be addressed to an officer or officers of police, and shall specify the name of the person for whose arrest it is issued and the offences which he is alleged to have committed; and any such warrant may be issued in respect of two or more persons alleged to have committed the same offence, or offences of the same class. 3 A person arrested under a warrant issued under this section shall as soon as practicable be delivered into military custody; and there shall be handed over with him a certificate signed by the officer of police who causes him to be delivered into military custody stating the fact, date, time and place of arrest, and whether or not the person arrested was at the time of arrest wearing the uniform of any of Her Majesty's military forces. 4 A certificate under subsection (3) above shall be in such form as may be prescribed by regulations made by a Secretary of State by statutory instrument and shall for the purposes of this Act be evidence of the matters stated therein. Arrest of persons unlawfully at large. 190B 1 A constable may arrest without warrant any person who, having been sentenced under Part II of this Act to imprisonment or detention, is unlawfully at large during the currency of the sentence, and may take him to any place in which he may be required in accordance with law to be detained. 2 The provisions of subsections (5) to (7) of section 119 of this Act shall have effect for the purposes of subsection (1) above as they have effect for the purposes of the said section 119. Exclusion of enactments requiring fiat of Attorney General etc. in connection with proceedings 45 1 The following provision shall be inserted in the Army Act 1955, and also in the Air Force Act 1955, in each case after section 204: — Exclusion of enactments requiring fiat of Attorney General etc in connection with proceedings. 204A With the exception of subsections (1) and (3) of section 132 of this Act, no enactment requiring the fiat or consent of the Attorney General or the Director of Public Prosecutions in connection with any proceedings shall have effect in relation to proceedings under this Act. 2 The following provision shall be inserted in the Naval Discipline Act 1957 after section 129: — Exclusion of enactments requiring fiat of Attorney General etc. in connection with proceedings. 129A With the exception of section 52(3)(b) of this Act, no enactment requiring the fiat or consent of the Attorney General or the Director of Public Prosecutions in connection with any proceedings shall have effect in relation to proceedings under this Act. Extension of powers of " higher authority " with respect to army and air-force charges 46 The following provision shall be substituted for section 80 of the Army Act 1955 (which empowers a higher authority to direct the dismissal of any charge against a non-commissioned officer or soldier which has been referred to the authority with a view to its being tried by court martial, and any charge against an officer or warrant officer which has been submitted to the authority for determination how it is to be proceeded with, but which contains no power for the authority to stay proceedings), and also for section 80 of the Air Force Act 1955 (which is to the like effect): — Directions by higher authority for dismissal of charges or stay of proceedings. 80 1 Notwithstanding anything in section 78 or 79 of this Act, where a charge has been referred to higher authority with a view to its being tried by court-martial, or has been submitted to higher authority for determination how it is to be proceeded with, that authority may refer the charge back to the commanding officer of the accused with a direction to dismiss the charge or a direction to stay all further proceedings thereon; and the commanding officer shall deal with the charge accordingly. 2 The reference back of a charge under subsection (1) above shall be without prejudice to the preferring of another charge if the higher authority has so directed or the commanding officer thinks fit. Amendments as to summary trial for naval offences 47 Section 49 of the Naval Discipline Act 1957 (summary trial) shall be amended as follows — a at the end of subsection (2) (which authorises summary trial by commanding officers for any offence triable by court-martial other than an offence punishable by sentence of death) there shall be added the words " or an offence of murder ", and b in the proviso to subsection (5) (under which an officer to whom the power of summary trial is delegated may not award any punishment other than the minor punishments referred to in section 43(1)(m) of that Act) after the words " other than " there shall be inserted the words " a fine or ". Amendments as to convening or ordering of courts-martial 48 1 Section 86(1) of the Army Act 1955 (under which a general court-martial may be convened by any qualified officer (meaning one not below field rank and exercising command) who is authorised in that behalf by royal warrant, or by any qualified officer under the command of a qualified officer so authorised to whom the latter has delegated his power in accordance with the warrant) shall be amended by substituting, for the words from " or by any qualified officer "to the end, the words " or by any officer to whom a qualified officer so authorised has delegated his power under the warrant, being an officer under the command of the qualified officer and not below the rank of colonel." 2 Section 86(1) of the Air Force Act 1955 (which is to the like effect) shall have effect subject to the like amendment, but with the substitution at the end of " group captain " for " colonel ". 3 In section 53 of the Naval Discipline Act 1957 (under subsections (1) and (2) of which a court-martial may be ordered by the Defence Council, by any officer of the Royal Navy authorised in that behalf by commission of the Defence Council, or by any officer on whom the command of an officer so authorised has devolved) the following subsection shall be substituted for subsection (3) (which gives limited powers of delegation to authorised officers): — 3 Any officer authorised to order courts-martial by commission of the Defence Council, and any officer having the like power by virtue of his being in command of a fleet or squadron formerly under the command of such an officer, may from time to time by commission authorise any officer of the Royal Navy under his command to order courts-martial; and any commission granted by virtue of this subsection shall continue in force until revoked by the officer by whom it was granted, by the officer for the time being having command of the fleet or squadron formerly commanded by that officer, or by the Defence Council. ; and subsection (4) of the said section 53 (as between two officers empowered to order a court-martial, power of officer of superior rank to prevail) shall cease to have effect. Amendments as to procedure of courts-martial, and evidence in naval disciplinary courts 49 1 The provisions of the Army Act 1955 and the Air Force Act 1955 with respect to Rules of Procedure shall be amended as follows: — a in section 103(2) of each Act (specific matters for which Rules may make provision), the following paragraph shall be inserted after paragraph (k): — kk directing that the powers conferred by section 7 of the Bankers' Books Evidence Act 1879 (which enables orders to be made for the inspection of bankers' books for the purposes of legal proceedings) may be exercised for the purposes of a court-martial (whether within or without the United Kingdom) by the authority by whom the court-martial is convened, as well as by the court or a judge within the meaning of that Act; ; b in section 104(2)(b) of each Act (under which Rules as to the functions of a judge advocate may provide for him to determine questions of law in the absence of the members of a court-martial), after the words " questions of law " there shall be inserted the words " or of law and fact mixed ". 2 Section 58 of the Naval Discipline Act 1957 (General Orders as to procedure of courts-martial) shall be amended as follows: — a in subsection (2) (specific matters for which General Orders may provide), the following paragraph shall be inserted after paragraph (a): — aa for determining the cases in which and the extent to which courts-martial may, in sentencing an accused for any offence of which he is convicted, at the request of the accused take into consideration other offences against this Act committed by him; ; b the following subsection shall be substituted for subsection (4) (under which General Orders are to have effect only if approved by Her Majesty in Council in pursuance of a report of the Judicial Committee of the Privy Council, and every Order in Council made for the purposes of that subsection is to be laid before Parliament): — 4 The power to make General Orders under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 3 Section 6(1) of the Criminal Evidence Act 1898 (which applies that Act to all criminal proceedings, including proceedings in courts-martial) shall be amended by inserting after (the words " courts-martial " the words " under the Army Act 1955 and the Air Force Act 1955, and proceedings in courts-martial and disciplinary courts under the Naval Discipline Act 1957 ". Army and air-force courts-martial: amendments as to revision and confirmation of findings 50 1 Section 109 of the Army Act 1955 and section 109 of the Air Force Act 1955 shall each be amended by inserting the following subsection after subsection (5) (under which a court-martial directed by a confirming officer to revise a finding of guilty may substitute a different sentence, not being one of greater severity than the original sentence, if the court either adheres to the finding or substitutes therefor a different finding of guilty): — 5A The power conferred by subsection (5) above (as limited by the proviso to that subsection) shall also be exercisable by a court-martial notwithstanding that it substitutes a finding of not guilty for the finding, or each of the findings, to which a direction under this section relates if the original findings of the court included one or more findings of guilty to which the direction does not relate. 2 Section 110 of the Army Act 1955 and section 110 of the Air Force Act 1955 shall each be amended by inserting the following subsection after subsection (2) (under which, where a confirming officer does not propose to confirm a finding of guilty and the court-martial could on the charge in question have validly made some other such finding, the confirming officer may, instead of withholding confirmation of the finding, substitute that other finding for it): — 2A Where a court-martial has recorded no finding on one or more charges alternative to a charge on which the court has made a finding of guilty, a confirming officer, if he is of opinion that the court must have been satisfied of the facts necessary to justify a finding of guilty on the alternative charge or, as the case may be, one of the alternative charges, may, instead of withholding confirmation of the finding — a substitute for the finding a finding of guilty on the alternative charge, and b substitute for the sentence of the court such sentence as he thinks proper, being in his opinion one which is not of greater severity than that for which it is substituted. Naval findings and sentences: amendments as to reviewing authorities 51 Section 1(5) of the Defence (Transfer of Functions) Act 1964 (general provision for discharge of functions of Defence Council by Admiralty Board, Army Board and Air Force Board) shall cease to have effect so far as it relates to the functions of the Defence Council under sections 70 to 72 of the Naval Discipline Act 1957 (review of findings and sentences), and the following subsection shall be added instead at the end of the said section 70: — 4 The functions of the Defence Council under this section and sections 71, 71A and 72 below may be discharged by the Admiralty Board or by any officer empowered in that behalf by that Board ; and for the purposes of any enactment (including the provisions of this Act hereinbefore referred to) anything done, and any document purporting to be an order or direction made or given, by the Admiralty Board or by any such officer in or in connection with the discharge of any such functions shall be of the same effect as if done, or as if a document purporting to be an order or direction made or given, by the Defence Council. Countries for serving of naval sentences of imprisonment and detention 52 1 The following provision (being one corresponding to section 127 of the Army Act 1955 and section 127 of the Air Force Act 1955) shall be inserted in the Naval Discipline Act 1957 after section 82: — Country for service of sentence. 82A 1 A person serving in the United Kingdom a sentence of imprisonment or detention awarded under this Act may (in so far as may be specified by or under Naval Detention Quarters Rules) be removed out of the United Kingdom to, but only to — a any colony in which he was entered for service in the Royal Navy, or b any place outside the United Kingdom where the ship or naval establishment to which he for the time being belongs is situated. 2 Subject to the following provisions of this section, a person sentenced by a court-martial held outside the United Kingdom to imprisonment or detention for a term exceeding twelve months shall as soon as practicable be removed to the United Kingdom. 3 Subsection (2) above shall not apply in relation to any person belonging to a class of persons specified by or under Naval Detention Quarters Rules as persons whose removal to the United Kingdom would, for reasons of climate, place of birth or place of entry in the Royal Navy, or for any other reason, not be beneficial. 4 Where a person has been sentenced by a court-martial held outside the United Kingdom. to imprisonment or detention for a term exceeding twelve months, the Defence Council may, notwithstanding anything in subsection (2) above, direct that he shall not be required to be removed to the United Kingdom until he has served such part of his sentence, not exceeding two years, as may be specified in the direction ; and in determining whether or not to exercise the power conferred by this subsection, the Defence Council shall have regard to any recommendation in that behalf made by the court-martial. 5 Any direction under subsection (4) above may at any time be revoked by the Defence Council or superseded by a subsequent direction thereunder. 6 In ascertaining at any time for the purposes of this section the nature or length of any sentence, regard shall be had to any commutation or remission of the sentence previously directed. 2 Section 125(2) of the Naval Discipline Act 1957 (under which, except in the provisions there specified, references in that Act to the United Kingdom include references to the Channel Islands and the Isle of Man) shall be amended by substituting for the words " section eighty " the words " sections 80 and 82A", and by adding at the end the words " and in the said section 82A, the reference to a colony shall be construed as including a reference to the Channel Islands and the Isle of Man ". Commencement of naval sentences of imprisonment and detention 53 Section 85(3) of the Naval Discipline Act 1957 (under which a committal order in respect of a sentence of imprisonment or detention may, if no place in which the sentence may be served is available where the offender is tried, direct that the term of the sentence shall run not from the date of the sentence but from the date on which the offender reaches the place specified in the order) shall cease to have effect. Remission of sentences of imprisonment and detention 54 1 Section 114 of the Army Act 1955 and section 114 of the Air Force Act 1955 shall each be amended as follows — a in subsection (1) (reconsideration of sentences of imprisonment and detention by officers authorised by Defence Council: power to remit, but only for good conduct), for all the words after " Defence Council" there shall be substituted the words " ; and an officer reconsidering any sentence by virtue of this subsection may by order remit the sentence in whole or in part. ", and b subsection (2) (duty to reconsider periodically) shall be omitted. 2 Section 120 of the Army Act 1955 and section 120 of the Air Force Act 1955 (suspension of sentences of imprisonment and detention) shall each be amended by adding at the end of subsection (7) (person whose sentence suspended to be released from custody) the words " and a sentence which has been suspended shall, unless the suspension has been sooner determined, be remitted by virtue of this subsection at the expiry of one year from the date on which the suspension took effect " ; and the following subsection shall be added to section 92 of the Naval Discipline Act 1957 after subsection (2) (under which suspended sentences are to be reconsidered periodically, and may on reconsideration be remitted for good conduct): — 3 Without prejudice to subsection (2) above, a sentence of imprisonment or detention which has been suspended shall, unless the suspension has been sooner determined, be remitted by virtue of this subsection at the expiry of one year from the date on which the suspension took effect. Amendment of Naval Discipline Act 1957 as respects effect of taking offences into consideration 55 Section 129 of the Naval Discipline Act 1957 (jurisdiction of civil courts) shall be amended as follows — a in subsection (1) (under which, where a person is acquitted or convicted of an offence by a court-martial or disciplinary court or on summary trial, a civil court is debarred from trying him for the same, or substantially the same, offence), immediately before the words " a civil court" there shall be inserted the words " or has had an offence committed by him taken into consideration by a court-martial or disciplinary court in sentencing him ", and b in subsection (2) (under which, where a person is acquitted or convicted of an offence by a civil court, wherever situated, he cannot be tried under the Act for the same, or substantially the same, offence, and a person so convicted is not to lose any seniority, privilege etc. by reason of the conviction or the offence), after the words " wherever situated " there shall be inserted the words " or has had an offence committed by him taken into consideration when being sentenced by a civil court in the United Kingdom ", and for the words " so convicted " there shall be substituted the words " who has been so convicted or has had an offence committed by him so taken into consideration ". Amendments as to deserters and absentees without leave 56 1 Section 186 of the Army Act 1955 and section 186 of the Air Force Act 1955 (which confer special powers of arrest in respect of persons suspected of desertion or absence without leave, and, by subsection (4), require any person arrested under those powers to be brought before a court of summary jurisdiction) shall each be amended by inserting the following subsection after the said subsection (4): — 4A A person shall also be brought before a court of summary jurisdiction if, having been brought before such a court by virtue of subsection (4) above and discharged by that court by virtue of section 187(3) below — a he is subsequently arrested as an alleged or suspected deserter or absentee without leave under section 74 of this Act, or under a warrant issued under section 190A thereof, and b the question whether he is in fact in desertion or absent without leave raises any issue which was investigated by the court discharging him, and c he does not admit that he is in desertion or absent without leave to the person arresting him under the said section 74 or; as the case may be, to the person into whose custody he is delivered pursuant to the said section 190A. and the like subsection shall also be inserted in section 105 of the Naval Discipline Act 1957 after subsection (4), but modified for that purpose by the substitution of " 109(3)(b) "; for "187(3)", of "45" for "74" (twice), and of "103" for " 190A " (twice). 2 The following subsection shall be inserted after subsection (4) of section 187 of the Army Act 1955 (proceedings where person brought before court of summary jurisdiction as illegally absent), and also (but modified for that purpose by the substitution of " regular air force " for " regular forces ") after subsection (4) of section 187 of the Air Force Act 1955: — 4A For the purposes of any proceedings under this section, a certificate which states that a person is a member of, and illegally absent from, the regular forces, and purports to be signed by an officer who, if that person were charged with an offence, would be either his commanding officer or authorised to act as his appropriate superior authority, shall be evidence of the matters so stated. 3 Section 189(3) of the Army Act 1955 and section 189(3) of the Air Force Act 1955 (certain certificates of arrest or surrender of deserters and absentees to be evidence of matters therein stated in proceedings for offences under sections 37 and 38) shall each be amended by inserting the following paragraph after paragraph (a): — aa where the proceedings are against a person who has surrendered himself to a consular officer, a certificate purporting to be signed by that officer and stating the fact, date, time and place of surrender shall be evidence of the matters stated in the certificate ; . Addition to Naval Discipline Act 1957 of provisions as to proof of proceedings 57 1 The following provisions (being provisions corresponding to sections 199 and 200 of the Army Act 1955 and the Air Force Act 1955) shall be inserted in the Naval Discipline Act 1957 after the provision inserted therein as section 129A by section 45(2) of this Act: — Proof of outcome of civil trial. 129B 1 Where a person subject to this Act has been tried before a civil court (whether at the time of the trial he was subject to this Act or not), a certificate signed by the clerk of the court stating all or any of the following matters — a that the said person has been tried before the court for the offences specified in that certificate, b the result of the trial, c what judgment or order was given or made by the court, d that other offences specified in the certificate were taken into consideration at the trial, shall for the purposes of this Act be evidence of the matters stated in the certificate. 2 The clerk of the court shall, if required by the commanding officer of the person in question or any other officer, furnish a certificate under this section, and shall be paid such fee as may be prescribed by regulations made by a Secretary of State. 3 A document purporting to be a certificate under this section and to be signed by the clerk of the court shall, unless the contrary is shown, be deemed such a certificate. 4 References in this section to the clerk of the court include references to his deputy, and to any other person having the custody of the records of the court. Evidence of proceedings of court-martial. 129C 1 The original proceedings of a court-martial purporting to be signed by the judge advocate appointed for the purposes of the court and being in the custody of a Secretary of State or of any person having the lawful custody thereof shall be admissible in evidence on production from that custody. 2 A document purporting to be a copy of the original proceedings of a court-martial or any part thereof and to be certified by a Secretary of State or any person authorised by him, or by any other person having the lawful custody of the proceedings, to be a true copy shall be evidence of the contents of the proceedings or the part to which the document relates, as the case may be. 3 This section applies to evidence given in any court, whether civil or criminal and whether in the United Kingdom or in any colony. 2 Paragraph 1 of Schedule 1 to the Courts-Martial (Appeals) Act 1968 (under which, where the record of any evidence given before a naval court-martial may be read as evidence on a retrial, it may be so read without further proof if it is produced from the custody of the Defence Council) shall be amended by substituting for the words " if it is produced from the custody of the Defence Council " the words " if it forms part of the original proceedings of the original court-martial or a copy thereof and those proceedings are, or that copy is, admissible as evidence under section 129C of the Naval Discipline Act ". Fees for copies of proceedings of army and air-force courts-martial 58 Section 141(2) of the Army Act 1955 and section 141(2) of the Air Force Act 1955 (under which a person tried by court-martial may obtain a copy of the record of the proceedings of the court on payment therefor at such rate as may be prescribed, meaning prescribed by Rules of Procedure) shall each be amended by substituting for the words " as may be prescribed " the words " as the Judge Advocate General may determine " ; and in section 141(3) of each Act (right of personal representatives etc. to obtain copies), for the words " the prescribed rate" there shall be substituted the words " the rate determined under subsection (2) above ". PART IV Forfeiture of Pay etc. and Deductions from Pay Army and air force: new provision for deductions in respect of judgment debts etc. 59 1 Section 150(1) of the Army Act 1955 and section 150(1) of the Air Force Act 1955 (deductions from pay in respect of maintenance orders and legal aid contribution orders) shall each be amended by omitting paragraph (d) (legal aid contribution orders), and the following provision shall be inserted in each Act after section 151 (but, in the case of the Air Force Act 1955, modified by the substitution throughout of " regular air force " for " regular forces "): — Deductions from pay in respect of judgment debts etc. 151A 1 Where by any judgment or order enforceable by a court in the United Kingdom any sum is required to be paid by a person who is a member of the regular forces, the Defence Council or an officer authorised by them may, whether or not that person was a member of the regular forces at the time when the judgment or order was given or made, order such amount or amounts as the Council or officer think fit to be deducted from the pay of that person, and appropriated in or towards satisfaction of that sum: Provided that this subsection shall not apply to any such sum as is mentioned in section 146 of this Act, to any sum in respect of which deductions may be ordered under section 150 of this Act, or to any sum in respect of which deductions may be made by virtue of section 32(2)(b) of the Courts-Martial (Appeals) Act 1968. 2 The Defence Council or an officer authorised by them may by order vary or revoke any order previously made under this section, and may treat any order made under this section as being in suspense at any time while the person against whom the order was made is absent as mentioned in section 145(1)(a) of this Act. 2 The following subsection shall be substituted for subsection (1) of section 152 of the Army Act 1955 and subsection (1) of section 152 of the Air Force Act 1955 (under which deductions under sections 150 and 151 of those Acts must not together exceed a specified proportion of pay): — 1 The sums deducted from a person's pay under sections 150, 151 and 151A above shall not together exceed such proportion of his pay as the Defence Council may determine. ; and section 152(2) of each Act (effect of deductions under sections 150 and 151 on forfeitures) shall be amended by, substituting, for the words " under either of the two last foregoing sections the words "under section 150, 151 or 151A above. " Navy: amendments as to forfeitures for illegal absence 60 Section 75(1) of the Naval Discipline Act 1957 (power of Defence Council to order forfeiture of a person's pay etc. and effects if it appears that he is absent without leave and has been so absent for a period of not less than one month) shall be amended by omitting the words " and has been so absent for a period of not less than one month " ; and the following subsection shall be substituted for subsection (3) of the said section 75 (under which forfeiture may also be ordered by the Commander-in-Chief or flag officer from whose command a person is absent): — 3 The powers conferred by this section on the Defence Council may also be exercised in relation to any person by the Commander-in-Chief or flag officer from whose command that person is absent as aforesaid and by any other officer authorised in that behalf by the Defence Council. . Navy: new provisions as to forfeitures and deductions generally, and as to deductions for civil penalties, judgment debts etc. 61 1 The following provisions (which correspond respectively to the following sections of the Army Act 1955 and the Air Force Act 1955, that is to say, section 144, section 146, section 147, section 149 and the new section 151A set out in section 59(1) above) shall be inserted in the Naval Discipline Act 1957 after section 128: — Additional provisions as to forfeiture of pay and deductions from pay General provisions. 128A 1 No forfeiture of the pay of any person subject to this Act shall be imposed unless authorised by or under this or some other Act, and no deduction from such pay shall be made unless authorised either by this or some other Act or by Her Majesty by an Order in Council made under this section or (by virtue of section 1(1) of the Naval Forces (Enforcement of Maintenance Liabilities) Act 1947) under the Naval and Marine Pay and Pensions Act 1865. 2 An Order in Council under this section shall not authorise the making of any penal deduction, that is to say, a deduction to be made by reason of the commission of any offence or other wrongful act or in consequence of any negligence. 3 Notwithstanding subsections (1) and (2) above, Her Majesty may by Order in Council under this section, and the Defence Council may by regulation, order or instruction, make provision for the making of any deduction authorised by Act, as to the time at which and the manner in which sums may be deducted from pay to give effect to authorised deductions or in which amounts may be so deducted in order to recover any fine imposed in pursuance of this Act, as to the appropriation of any such sum or amount when deducted, and for the determination of questions as to forfeitures and deductions. 4 A person subject to this Act shall, notwithstanding any deduction from his pay but subject to any forfeiture, remain in receipt of pay at not less than such minimum rate as may be prescribed by order of the Defence Council. 5 Notwithstanding that forfeiture of a person's pay for any period has been imposed in pursuance of this Act, he may remain in receipt of pay at such minimum rate as aforesaid ; but the amount received for that period may be recovered from him by deduction from pay. 6 Any amount authorised to be deducted from the pay of a person subject to this Act may be deducted from any balance (whether or not representing pay) which may be due to him, and references in this Act to the making of deductions from pay shall be construed accordingly. Deductions for payment of civil penalties. 128B Where a person sentenced or ordered by a civil court (whether within or without Her Majesty's dominions) to pay a sum by way of fine, penalty, damages, compensation or costs in consequence of his being charged before the court with an offence is at the time of the sentence or order, or subsequently becomes, a person subject to this Act, then, if the whole or any part of that sum is met by a payment made by or on behalf of any naval authority, the amount of the payment may be deducted from his pay. Compensation for loss occasioned by wrongful act or negligence. 128C 1 Without prejudice to the provisions of this Act as to the imposition of stoppages as a punishment, the following provisions shall have effect where, after such investigation as may be prescribed by regulations of the Defence Council, it appears to the Defence Council or an officer authorised by them that any loss of, or damage to, public or service property, has been occasioned by any wrongful act or negligence of a person subject to this Act (hereafter referred to as ' the person responsible '). 2 The Defence Council or authorised officer, as the case may be, may order the person responsible (whether or not he is subject to this Act at the time when the order is made) to pay, as or towards compensation for the loss or damage, such sum as may be specified in the order; and any such sum in so far as not otherwise paid by the person responsible may be deducted from his pay. 3 No order shall be made under subsection (2) above if, in proceedings (whether under this Act, the Army Act 1955 or the Air Force Act 1955) before a court-martial, the appropriate superior authority or the commanding officer of the person responsible, that person — a has been acquitted in circumstances involving a finding that he was not guilty of the wrongful act or negligence in question, or b has been awarded stoppages in respect of the same loss or damage ; but save as aforesaid, the fact that any such proceedings have been brought in respect of the wrongful act or negligence in question shall not prevent the making of an order or deductions under that subsection. Remission of deductions. 128D Any deduction imposed under section 128B or 128C above, or under an Order in Council made under section 128A above, may be remitted by the Defence Council or in such manner and by such authority as may be provided by an Order in Council so made. Deductions in respect of judgment debts etc. 128E 1 Where by any judgment or order enforceable by a court in the United Kingdom any sum is required to be paid by a person who is subject to this Act, the Defence Council or an officer authorised by them may, whether or not that person was subject to this Act at the time when the judgment or order was given or made, order such amount or amounts as the Council or officer think fit to be deducted from the pay of that person, and appropriated in or towards satisfaction of that sum: Provided that this subsection shall not apply to any such sum as is mentioned in section 128B of this Act, or to any sum in respect of which deductions may be authorised by virtue of section 1(1) of the Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 or made by virtue of section 32(2)(2) of the Courts-Martial (Appeals) Act 1968. 2 The Defence Council or an officer authorised by them may by order vary or revoke any order previously made under this section. 3 The sums deducted from a person's pay by virtue of this section and section 1(1) of the Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 shall not together exceed such proportion of his pay as the Defence Council may determine. 2 In consequence of the provision set out in subsection (1) above as section 128E, section 1(1) of the Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 shall be amended by omitting paragraph (c) (deductions in respect of legal aid contribution orders) and the proviso to that subsection (limit on deductions). Amendment of provisions as to service of process in maintenance proceedings 62 1 Section 153 of the Army Act 1955 and section 153 of the Air Force Act 1955 (rules for service of process in maintenance proceedings where the defendant is a member of the regular forces or, as the case may be, of the regular air force) shall each be amended as follows — a subsection (2) (service of process for a hearing more than twenty miles away to be of no effect unless travelling expenses are paid) shall be omitted, and b at the end there shall be added the following subsection: — 4 Nothing in this section shall be construed as enabling process to be served in connection with proceedings in a court of summary jurisdiction unless the defendant is within the United Kingdom. . 2 Section 101 of the Naval Discipline Act 1957 (rules for service of process in maintenance proceedings where the defendant is subject to that Act) shall be amended by omitting subsection (3) (service of process for a hearing more than twenty miles away to be of no effect unless travelling expenses are paid). PART V Miscellaneous Amendments Minimum age for enlistment or entry without parental etc consent 63 1 The following subsection shall be substituted for subsection (5) of section 2 of the Army Act 1955 and also for subsection (5) of section 2 of the Air Force Act 1955 (under which the " appropriate minimum age " , being the age below which a person may not be enlisted without certain consents, means the age of seventeen years and six months or, in such classes of case as may be prescribed, the age of seventeen years): — 5 In this Part of this Act the expression ' appropriate minimum age' means the age of eighteen or, in a case falling within any class for which a lower age is for the time being prescribed, that lower age. . 2 Section 9(3) of the Armed Forces Act 1966 (which defines " appropriate minimum age " similarly for the purposes of entry into the Royal Navy) shall be amended so as to correspond with the provision set out in subsection (1) above, that is to say, by substituting for the words from " the age of seventeen years and six months " to the end the words " the age of eighteen or, in a case falling within any class for which a lower age is for the time being prescribed by regulations of the Defence Council, that lower age ". 3 Paragraph 9 of Schedule 7 to the Army Act 1955 (which substitutes references to the age of 17 for references to the appropriate minimum age in Part I of that Act as it applies to marines) shall cease to have effect. Purchase of discharge from army and air force 64 1 Regulations made under section 2 of the Armed Forces Act 1966 and conferring, subject to any conditions and restrictions specified in the regulations, a right on persons enlisted in the regular army to claim their discharge within a specified time after attestation may repeal section 14 of the Army Act 1955 (which also confers such a right) together with the enactments amending that section; and regulations under the said section 2 making the like provision with respect to persons enlisted in the regular air force may repeal section 14 of the Air Force Act 1955 and the enactments amending that section. 2 In section 2 of the Navy, Army and Air Force Reserves Act 1964 (liability of certain former soldiers to recall for service), in subsection (1)(b) (no liability in the case of persons discharged under section 14 of the Army Act 1955), the reference to section 14 of the Army Act 1955 shall include a reference to regulations under section 2 of the Armed Forces Act 1966 conferring a right to discharge by purchase. Forfeiture of service for naval deserters 65 The following provision (being one corresponding to section 17 of the Army Act 1955 and section 17 of the Air Force Act 1955) shall be inserted in the Naval Discipline Act 1957 after the provision inserted therein as section 129C by section 57 of this Act: Forfeiture of service for desertion, and restoration of forfeited service. 129D 1 Where a rating of Her Majesty's naval forces other than a reserve force is convicted of desertion, the period of his service as respects which he is convicted of having been a deserter shall be forfeited. 2 Where any of a rating's service is forfeited by virtue of subsection (1) above, any provision governing his terms of service other than one relating to discharge by purchase shall apply to him, and he shall be liable to serve, in like manner as if the appropriate date were the date of his entry or, as the case may be, attestation and he had on the appropriate date been duly entered or enlisted to serve for the like term (both as respects duration and as respects liability to serve in Her Majesty's naval forces and any liability to serve in any reserve) as that for which he was in fact serving at the date of his conviction: Provided that where at the date of his conviction the rating was serving a term ending with the expiration of the period beginning with the date of his attaining the age of eighteen years and he had attained that age when he was convicted (whether or not he had attained it when the offence was committed) the duration of the term for which he is liable to serve shall be equal to that period, and the time for which he is required to serve in Her Majesty's naval forces shall be reduced accordingly. 3 In subsection (2) above ' the appropriate date' means in relation to any person a date earlier than the date of his conviction for desertion by the length of his service which is not forfeited. 4 The Defence Council may by regulations make provision for the restoration in whole or in part of any forfeited service to a rating in consideration of good service or on other grounds justifying the restoration of service forfeited; and any service restored to a rating under this subsection shall be credited to him for the purpose of determining for the purposes of any provision governing his terms of service the amount of service in Her Majesty's naval forces or in any reserve which he has served or is liable to serve. 5 Nothing in this section shall apply to a person who deserts at a time when he is, under regulations made in pursuance of section 2 of the Armed Forces Act 1966 or under any enactment repealed by any such regulations, continued in service after twenty-two years' service. Redress of complaints 66 1 The following provision shall be substituted for section 130 of the Naval Discipline Act 1957 (under which a Person subject to that Act may complain of oppression, injustice or other ill-treatment to the authority specified for that purpose by Queen's Regulations, and, if dissatisfied, may carry the complaint to the next superior authority, and so on): — Redress of complaints. 130 1 If a person subject to this Act thinks that he has suffered any personal oppression, injustice or other ill-treatment, he may make a complaint in accordance with the procedure laid down in Queen's Regulations and, if he does not obtain the redress to which he thinks he is entitled, a complaint to the Defence Council. 2 On receiving any complaint made by virtue of subsection (1) above, it shall be the duty of the Defence Council to investigate the complaint and to grant any redress which appears to them to be necessary, or, if the complainant is an officer and so requires, to make a report to Her Majesty through the Secretary of State in order to receive the directions of Her Majesty thereon . 2 Section 181 of the Army Act 1955 and section 181 of the Air Force Act 1955 (complaints by warrant officers and below) shall each be amended as follows — a in subsection (2) (under which a person who has complained to his commanding officer and has not received satisfactory redress, or who thinks himself wronged by his commanding officer for any other reason, may complain to a superior officer under whom he is serving), for all the words from " he may make a complaint with respect thereto " to the end there shall be substituted the words " he may, in accordance with the procedure laid down in Queen's Regulations, make a complaint with respect thereto to the Defence Council ", and b in subsection (3) (duty of a commanding or other officer to have any complaint received by him investigated, and to give any redress appearing to him to be necessary), for the words " a commanding or other officer " there shall be substituted the words " a commanding officer or, as the case may be, the Defence Council ", and the words " or them " shall be inserted after the words " by him " and after the words " to him ". Naval billeting and requisitioning 67 1 At any time when section 154 of the Army Act 1955 (issue of billeting requisitions by military officers having a command in the United Kingdom) is in operation by virtue of an order of the Secretary of State under section 174 of that Act, a billeting requisition may be issued under this subsection by any flag officer having a command in the United Kingdom; and at any time when section 165 of that Act (issue of requisitioning orders by military officers having a command as aforesaid) is so in operation, any such flag officer as aforesaid may issue a requisitioning order under this subsection. 2 For the purposes of Part IV of the said Act of 1955, a billeting requisition or requisitioning order issued under subsection (1) above shall have effect as if issued under the said section 154 or, as the case may be, the said section 165 ; but, in relation to any such requisition or order, the said Part IV and Schedule 4 to that Act shall have effect subject to such adaptations as the Defence Council may by regulations prescribe, being adaptations appearing to the Defence Council necessary for adapting the said Part IV and Schedule to the naval forces. 3 The Naval Billeting &c. Act 1914 (under which the issue of a billeting requisition or requisitioning order by naval officers depends upon the existence of a proclamation calling out the naval reserves) shall cease to have effect; and in sections 32(a), 33(1)(a) and 33(2)(a) of the Naval Discipline Act 1957 (which relate to billeting and requisitioning offences) for the words "issued by virtue of subsection (1) of section 1 of the Naval Billeting &c. Act 1914" there shall be substituted the words " issued under section 67(1) of the Armed Forces Act 1971 ". Reductions in rank under Army Act 1955 and Air Force Act 1955 68 Section 201 of the Army Act 1955 (under which the Defence Council may not authorise an officer to impose reductions in rank on warrant officers or non-commissioned officers unless he is of or above the rank of brigadier, flag officer, or air commodore) shall be amended by substituting, for the words, " brigadier, flag officer or air commodore ", the words " colonel, of captain in the Royal Navy or of group captain " ; and section 201 of the Air Force Act 1955 (which is to the like effect) shall be amended by substituting, for the words " air commodore, flag officer or brigadier, " the words " group captain, of captain in the Royal Navy or of colonel ". Assisting deserters from reserve forces 69 1 Section 15(1) of the Army Reserve Act 1950 and section 15(1) of the Air Force Reserve Act 1950 (which relate to deserters from the army reserve and the air force reserve respectively) shall each be amended so as to correspond with section 192(1) of the Army Act 1955 and section 192(1) of the Air Force Act 1955 (which relate to deserters from the regular forces), that is to say, by substituting the following paragraph for paragraph (c) (offence of concealing, employing, or assisting in the rescue of, a known deserter): — c knowing any such man to be a deserter, procures or persuades or assists him to remain a deserter, or assists in his rescue from custody . 2 Section 27(2) of the Auxiliary Forces Act 1953 (which relates to deserters from the Territorial Army and the Royal Auxiliary Air Force) shall also be amended so as to correspond with the provisions of the Acts of 1955 above referred to, that is to say, by substituting the following paragraph for paragraph (c): — c knowing any such man to be a deserter contrary to subsection (1) of this section, procures or persuades or assists him to remain such a deserter, or assists in his rescue from custody. Taking of affidavits and declarations abroad 70 1 Section 204 of the Army Act 1955, section 204 of the Air Force Act 1955 and section 10 of the Emergency Laws (Miscellaneous Provisions) Act 1953 (under which certain military, air-force and naval officers may take affidavits and declarations abroad, but only from persons belonging to or connected with the same .service) shall have effect subject to the amendments specified in subsections (2) to (4) below (being amendments extending those sections, so that an officer of one service may take affidavits and declarations from persons belonging to or connected with another service). 2 The following subsection shall be added at the end of the said section 204 of the Army Act 1955: — 3 The power conferred by subsection (1) above may also be exercised by any officer empowered to take affidavits and declarations by section 204(1) of the Air Force Act 1955 or section 10(1) of the Emergency Laws (Miscellaneous Provisions) Act 1953. . 3 The following subsection shall be added at the end of the said section 204 of the Air Force Act 1955: — 3 The power conferred by subsection (1) above may also be exercised by any officer empowered to take affidavits or declarations by section 204(1) of the Army Act 1955 or section 10(1) of the Emergency Laws (Miscellaneous Provisions) Act 1953. . 4 The following subsection shall be added at the end of the said section 10 of the Emergency Laws (Miscellaneous Provisions) Act 1953 : — 4 The power conferred by subsection (1) above may also be exercised by any officer empowered to take affidavits and declarations by section 204(1) of the Army Act 1955 or section 204(1) of the Air Force Act 1955. . Addition to Naval Discipline Act 1957 of provision indemnifying prison officers, etc. 71 The following provision (being one corresponding to section 142 of the Army Act 1955 and section 142 of the Air Force Act 1955) shall be inserted in the Naval Discipline Act 1957 after section 130: — Indemnity for prison officers etc. 130A No action shall lie in respect of anything done by any person in pursuance of a sentence of imprisonment or detention awarded under this Act if the doing thereof would have been lawful but for a defect in any instrument made for the purposes of that sentence. . Application of Army Act 1955 and Air Force Act 1955 to passengers in H.M. ships and aircraft 72 1 The following provision (which corresponds to section 117 of the Naval Discipline Act 1957) shall be inserted in the Army Act 1955 after section 208, and also (but modified for that purpose by the substitution of " air-force law " for " military law " and " military law " for " air-force law ") in the Air Force Act 1955 after section 208 : — Application of Act to passengers in H.M. ships and aircraft. 208A Part II of this Act shall, to such extent and subject to such modifications as may be prescribed by regulations made by the Defence Council, apply to persons embarked as passengers on board Her Majesty's ships or aircraft (not being persons who are subject to military law by virtue of any of the foregoing provisions of this Act, or persons who are subject to air-force law or to the Naval Discipline Act 1957) as it applies to persons subject to military law. . 2 Section 209 of the Army Act 1955 and section 209 of the Air Force Act 1955 (application of those Acts to civilians) shall each be amended by adding the following subsection at the end: — 5 This section does not apply to any person to whom section 208A above applies. . Appeal against sentence by civilians 73 1 The Courts-Martial (Appeals) Act 1968 (under which appeals to the Courts-Martial Appeal Court are confined to appeals against conviction) shall be amended in accordance with subsections (2) and (3) below. 2 In section 8 — a at the end of subsection (1) (which confers the right of appeal) there shall be added the words " and, if he was a civilian (as defined in subsection (5) below) both at the time of his conviction and when the offence was committed, may also with the leave of the Court appeal against his sentence, unless it is one fixed by law ", and b the following subsection shall be added after subsection (4) — 5 In this section ' civilian' means any person who is not subject to service law (meaning military law, air-force law and the Naval Discipline Act) and any person within section 208A or 209 of the Army Act, section 208A or 209 of the Air Force Act or section 117 or 118 of the Naval Discipline Act (which apply certain provisions of those Acts to passengers in Her Majesty's ships and aircraft, persons employed by or accompanying Her Majesty's forces, families of members of those forces etc.). 3 The following section shall be inserted after section 16: — Powers on appeals against sentence. 16A On an appeal against sentence the Appeal Court, if they consider that the sentence is not appropriate for the case, may quash the sentence and pass in substitution for it such sentence as they think is appropriate, being a sentence which the court-martial had power to pass and which is not of greater severity than that for which it is substituted . 4 The provisions of Schedule 2 to this Act shall have effect, being provisions making in the said Act of 1968 and the other enactments there specified amendments consequential on, or otherwise connected with, the preceding provisions of this section. Meaning of " active service " in Naval Discipline Act 1957 74 Section 134 of the Naval Discipline Act 1957 (under which a force is on active service when engaged in operations against an enemy, when situated in an area in which such operations are taking place, or when landed elsewhere than in the United Kingdom for the protection of life or property) shall be numbered as section 134(1) of that Act, and shall be amended by substituting for the words " landed elsewhere than in the United Kingdom " the words " engaged elsewhere than in the United Kingdom in operations ", and by adding at the end the following subsections: — 2 Where any of Her Majesty's naval forces is serving outside the United Kingdom, and it appears to the appropriate authority that, by reason of the imminence of active service or of the recent existence of active service, it is necessary for the public service that the force should be deemed to be on active service, the appropriate authority may declare that for such period, not exceeding three months, beginning with the coming into force of the declaration as may be specified therein that force shall be deemed to be on active service. 3 Where it appears to the appropriate authority that it is necessary for the public service that the period specified in a declaration under subsection (2) above should be prolonged or, if previously prolonged under this subsection, should be further prolonged, the appropriate authority may declare that the said period shall be prolonged by such time, not exceeding three months, as may be specified in the declaration under this subsection. 4 If at any time while any force is deemed to be on active service by virtue of the foregoing provisions of this section it appears to the appropriate authority that there is no necessity for the force to continue to be treated as being on active service, the appropriate authority may declare that as from the coming into operation of the declaration the force shall cease to be deemed to be on active service. 5 Before any declaration is made under this section, the appropriate authority shall, unless satisfied that it is not possible to communicate with sufficient speed with the Secretary of State, obtain the consent of the Secretary of State to the declaration ; and in any case where that consent has not been obtained before the making of a declaration under this section, the appropriate authority shall report the making thereof to the Secretary of State with the utmost practicable speed. 6 The Secretary of State may, if he thinks fit, direct that any declaration whereby any force is deemed to be, or to continue, on active service shall cease to have effect as from the coming into force of the direction; but any direction under this subsection shall be without prejudice to anything done by virtue of the declaration before the coming into force of the direction. 7 A declaration under this section shall have effect not only as respects the members of the force to which it relates but also as respects other persons the application to whom of any provisions of this Act depends on whether that force is on active service. 8 In this section the expression 'the appropriate authority' means, in relation to any force, the Commander-in-Chief or flag officer in operational command of that force. 9 Any declaration or direction under this section shall come into operation on being published in local orders. Amendments for introducing naval rate, and marine rank, of warrant officer 75 The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments connected with the introduction of the naval rate, and the marine rank, of warrant officer. Sufficiency of evidence in Scottish courts 76 Section 214 of the Army Act 1955 and section 212 of the Air Force Act 1955 (application to Scotland) shall each be amended by inserting the following subsection after subsection (8): — 9 Where by virtue of this Act a document is admissible in evidence or is evidence of any matter stated in it in proceedings before a civil court in England, it shall be sufficient evidence of the matter so stated in such proceedings in Scotland. ; and the like subsection shall also be inserted in section 123 of the Naval Discipline Act 1957 as subsection (10), in section 21 of the Army Reserve Act 1950 as subsection (3), in section 21 of the Air Force Reserve Act 1950 as subsection (3) and in section 34 of the Auxiliary Forces Act 1953 as subsection (4). PART VI Supplemental Repeals and transitional provisions 77 1 The enactments specified in Schedule 4 to this Act (Part II of which includes certain enactments which are spent) are hereby repealed to the extent specified in column 3 of that Schedule. 2 Any regulations in force at the commencement of this section under section 44(7) of the Naval Discipline Act 1957 (rates to which offenders may be reduced by sentences of disrating) shall thereafter have effect as if made under the provision becoming section 43(5) of that Act by virtue of section 38 of this Act; and any regulations so in force under paragraph 6(2) of Schedule 2 to the Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 (adaptation for navy of army provisions as to billeting and requisitioning) shall have effect as if made under section 67(2) of this Act. Short title, construction and commencement 78 1 This Act may be cited as the Armed Forces Act 1971. 2 Except so far as the context otherwise requires, any reference in this Act to any other enactment is a reference to that enactment as amended by or under any subsequent enactment, including an enactment contained in this Act. 3 This Act, except section 1 and this section, shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint, but subject to the qualifications specified in subsection (4) below. 4 The said qualifications are as follows: — a the following provisions of this Act, that is to say, Part II, section 69, Schedule 1 and Part I of Schedule 4, shall not have effect in relation to any act or omission occurring before the date appointed under subsection (3) above, and, in particular, shall not affect the operation of any enactment in force immediately before that date in relation to any offence against any such enactment committed, or partly committed, before that date; b the provisions to become sections 128B and 128C of the Naval Discipline Act 1957 by virtue of section 61(1) of this Act shall apply only to sums payable under sentences and orders awarded or made in respect of offences committed on or after the date appointed under subsection (3) above, or, as the case may be, to loss or damage occasioned by acts and omissions occurring on or after that date ; c the provision to become section 129D of the Naval Discipline Act 1957 by virtue of section 65 of this Act shall apply only to desertions beginning on or after the date appointed under subsection (3) above, and the amendment of section 75(1) of that Act effected by section 60 of this Act and Part II of Schedule 4 shall have effect only in relation to absences so beginning. 5 Section 59 of this Act, the provision to become section 128E of the Naval Discipline Act 1957 by virtue of section 61(1) of this Act, and section 61(2) of this Act, shall each apply to liabilities arising before, as well as after, the date appointed under subsection (3) above. SCHEDULES SCHEDULE 1 Amendments Arising from Part II of this Act Section 43. The Army Act 1955 and the Air Force Act 1955 1 1 The amendments to be made in the Army Act 1955 and the Air Force Act 1955 are as follows. 2 In section 17 of each Act the following subsection shall be substituted for subsection (3): — 3 In subsection (2) above ' the appropriate date' means in relation to any person a date earlier than the date of his conviction for desertion by the length of his service which is not forfeited. . 3 In section 79(6) of each Act, for the words " forfeiture of seniority, fine or stoppages " there shall be substituted the words " any punishment other than severe reprimand or reprimand ". 4 In section 118(1) of each Act, for the words "provisions of this section and of " there shall be substituted the words " following provisions of this Part of this Act and to ". 5 In section 119(1) of each Act, for the words "in pursuance of the next following section " there shall be substituted the words " in pursuance of section 120 of this Act ", and for the words " the provisions of the next following section " there shall be substituted the words " the provisions of the said section 120 ". 6 In section 120(5) of each Act, for the words " subsection (10) of section seventy-two" there shall be substituted the words " section 119A(3) ". 7 In section 145(1)(b) of each Act, for the words " detention or field punishment" there shall be substituted the words " or detention ". 8 In section 198(8) of each Act, for the words "body of troops " or, as the case may be, " body of the air force" there shall be substituted the words " body of Her Majesty's forces ". 9 In section 209 of each Act — a in the proviso to subsection (2), for all the words from " except" to the end there shall be substituted the words " except section 29, sections 35 and 36, sections 55 to 57, and section 68 so far as it relates to those sections "; and b at the end of paragraph (a) of subsection (3) there shall be added the words " (to the amount of which section 71(5)(a) of this Act shall not apply) ". 10 In section 211(7) of the Army Act 1955 and section 210(7) of the Air Force Act 1955, for the words from " subsection (2)" to " inserted " there shall be substituted the words " section 71(1) there were inserted immediately before paragraph (h) " , and for " (eee)" there shall be substituted " (gg) ". 11 The following definition shall be inserted after that of " service " in section 225(1) of the Army Act 1955, and also (but modified for that purpose by the substitution of " air-force law, military law " for " military law, air-force law ") after the definition of "service" in section 223(1) of the Air Force Act 1955: — ' service law ' means military law, air-force law or the Naval Discipline Act 1957 ; . 12 In Schedule 3 to each Act, in paragraph 1A, for the words " on guard duty " (in both columns) there shall be substituted the words " within section 29(b) of this Act ". 13 In Schedule 3 to each Act, the following shall be inserted after the paragraphs numbered 4: — 4A. Striking a person who is on board a ship or aircraft when taken as prize. 4A. Ill-treating that person otherwise than by striking him. 14 In Schedule 3 to each Act, the following shall be inserted after the paragraphs numbered 7: — 7A. Using threatening, abusive, insulting or provocative words likely to cause a disturbance. 7A. Using threatening, abusive, insulting or provocative behaviour likely to cause a disturbance. 7B. Using threatening, abusive, insulting or provocative behaviour likely to cause a disturbance. 7B. Using threatening, abusive, insulting or provocative words likely to cause a disturbance. 15 In Schedule 3 to each Act, the following shall be inserted immediately before the paragraphs numbered 10: — 9A. Misapplying public or service property. 9A. Wastefully expending public or service property. 9B. Wastefully expending public or service property. 9B. Misapplying public or service property. 16 In Schedule 7 to the Army Act 1955, paragraphs 12 and 12A shall be omitted. The Naval Discipline Act 1957 2 1 The amendments to be made in the Naval Discipline Act 1957 are as follows. 2 In section 50(2), the following paragraph shall be substituted for paragraph (a): — a sections 2 to 4, 6, 9, 10, 23 and 24, section 29(1) so far as relating to public or service property, section 29A, and sections 34 to 37 and 42 ; . 3 In section 118(2)(a), after the word "fourteen" there shall be inserted " 14A ". 4 In section 133(3), for the words " petty officer " there shall be substituted the words " leading seaman ". 5 In section 135(1) — a the following definitions shall be inserted after that of " air craft papers " : — ' air signal ' means any message, signal or indication given, by any means whatsoever, for the guidance of aircraft or a particular aircraft; ' before the enemy ', in relation to a person, means that he is in action against the enemy or about to go into action against the enemy, or is under attack or threat of imminent attack by the enemy ; ; and b the following definition shall be inserted after that of " court-martial " : — ' damage ' includes destruction, and references to damaging shall be construed accordingly ; ; 6 In Schedule 1, the following paragraphs shall be substituted for paragraphs 1 and 2: — 1 The following paragraph shall be substituted for paragraph (h) of section 43(1) of this Act: — h reduction to the ranks or any less reduction in rank. 2 For the references to disrating in subsection (4) of the said section 43 there shall be substituted references to reduction to the ranks, and subsection (5) of that section shall not apply. 7 In Schedule 2, the following paragraphs shall be substituted for paragraphs 3 and 5: — 3 The following paragraph shall be substituted for paragraph (h) of section 43(1) of this Act: — h reduction to the ranks or any less reduction in rank. 5 For the references to disrating in subsection (4) of the said section 43 there shall be substituted references to reduction to the ranks, and subsection (5) of that section shall not apply. 8 In Schedule 4, in paragraph 1, for " (f)" there shall be substituted " (e) ". SCHEDULE 2 Amendments about Appeals against Sentence Section 73. Courts-Martial (Appeals) Act 1968 1 1 The Courts-Martial (Appeals) Act 1968 shall be amended as follows. 2 In section 8(2)(a), after the word " quashed " there shall be inserted the words " or, as the case may require, that his sentence be quashed or (if a sentence of a naval court-martial) annulled ". 3 In sections 13(a), 14(1), 15(1), and 15(2), after the words "Appeal Court" there shall be inserted the words " on an appeal against conviction ". 4 In section 16(1), after the words " on an appeal " there shall be inserted the words " against conviction ". 5 In section 17(1), for the words " or 15 " there shall be substituted the words " 15 or 16A " , and in section 17(2), after the words "conviction by", in both paragraphs, there shall be inserted the words " or the sentence of ". 6 In section 31(1), after the words " an appeal" there shall be inserted the words " other than an appeal against sentence ". 7 In section 34, the words " under subsection (1) above " shall be substituted for the words " this section " in subsection (2), and the following subsection shall be added after subsection (3): — 4 Where a person convicted by court-martial is a civilian as defined in section 8(5) of this Act, the Secretary of State may, if consideration thereof by the Appeal Court appears to him for any reason desirable, refer the sentence of the court-martial to the Court ; and any such reference shall be treated as an appeal by the person convicted against sentence for all purposes except those of section 32 of this Act . 8 In Schedule 2 — a in paragraph 1(1), after the words " the right of appeal" there shall be inserted the words " against conviction and any right of appeal against sentence ", and b in paragraph 4, after the words " a conviction involving sentence of death " there shall be inserted the words " or against such a sentence itself ", and after the words "any such conviction" there shall be inserted the words " or sentence ". The Army Act 1955 and the Air Force Act 1955 2 Section 113(3) of the Army Act 1955 and section 113(3) of the Air Force Act 1955 shall each be amended by inserting after the words " leave to appeal " where first occurring the words " against conviction or sentence ", and by adding at the end " or, as the case may be, to the sentence to which the application relates ". The Naval Discipline Act 1957 3 Section 70(3) of the Naval Discipline Act 1957 shall be amended by inserting after the words " 63(1) " the words " or a sentence of a court-martial", after the words " the finding" the words " or sentence", and after the words " or finding" the words " or sentence ". SCHEDULE 3 Amendments for Introducing Naval Rate, and Marine Rank, of Warrant Officer Section 75. The Naval and Marine Pay and Pensions Act 1865 1 Section 2 of the Naval and Marine Pay and Pensions Act 1865 shall be amended by inserting, in the definition of " seaman or marine " , the words "warrant officer " immediately before the words " petty officer ", and the words " warrant or " immediately before the words " non-commissioned officer ". The Greenwich Hospital Act 1865 2 In section 5 of the Greenwich Hospital Act 1865, immediately before the words " non-commissioned officers ", in both places where they occur, there shall be inserted the words " warrant officers ". The Navy and Marines (Property of Deceased) Act 1865 3 Section 2 of the Navy and Marines (Property of Deceased) Act 1865 shall be amended by inserting, in the definition of " seaman or marine " , the words " warrant officer" immediately before the words " petty officer" in both places where they occur, and the words " warrant or" immediately before the words " non-commissioned officer ". The Army Act 1955 4 1 Section 210 of the Army Act 1955 shall be amended — a by inserting, in subsections (2)(b) and (3), the words " warrant officer " immediately before the words " non-commissioned officer " wherever occurring, and b by inserting, in subsection (4), the words " warrant officers " immediately before the words " non-commissioned officers " in both places where they occur. 2 Schedule 7 of the said Act shall be amended — a by inserting, in paragraph 10, the words " a warrant officer and " immediately before the words " a non-commissioned officer ", b by inserting, in paragraphs 19 and 22, the words " warrant officers " immediately before the words " non-commissioned officers " wherever occurring, and c by inserting, in paragraph 23, the words " warrant officer " immediately before the words " non-commissioned officer " where they first occur. The Naval Discipline Act 1957 5 1 Section 45(2)(b) of the Naval Discipline Act 1957 shall be amended by inserting the words " warrant officer " immediately before the words " chief petty officer ". 2 Section 112 of the said Act shall be amended by inserting the words " warrant officer " immediately before the words " non-commissioned officer ". 3 Section 132 of the said Act shall be amended by inserting, in subsections (7) and (8), the words " warrant officers " immediately before the words " non-commissioned officers ". 4 The following subsection shall be substituted for section 133(2) of the said Act: — 2 In this Act ' rating' means a member of Her Majesty's naval forces of or below the rate of warrant officer; and any reference in this Act to a rating, or to a rating of any particular rate, shall include a reference to any warrant officer who is subject to this Act without being a member of those forces, and to any non-commissioned officer, marine, soldier or airman who is so subject, or, as the case may be, to any such warrant officer or non-commissioned officer of rank corresponding to that rate . The Reserve Forces Act 1966 6 In section 21(1) of the Reserve Forces Act 1966, the definition of " man" shall be amended by omitting the words " (except in relation to the marine forces) " and by substituting the words " warrant officer " for the words " chief petty officer ". The Armed Forces Act 1966 7 In section 14(1) of the Armed Forces Act 1966, in the definition of "rating", for the words "chief petty officer" there shall be substituted the words " warrant officer ". SCHEDULE 4 Repeals Section 77(1). PART I Repeals arising from Part II of this Act Chapter Short Title Extent of Repeal 3 & 4 Eliz. 2. c. 18 . The Army Act 1955. In section 31(1)(a), the words " involving the use of violence or the threat of the use of violence, or"; and in section 31(3), the words from " and in this section " to the end. Sections 40 and 41. In section 43(1), the proviso. Section 53. In section 57(2), the words " paragraph (e) or (f) of". Section 58. In section 62, in paragraphs (a) and (b), the word " service" in each place where it occurs before the word " report", paragraph (d), and the word " or" immediately preceding that paragraph. Section 67. In section 69, the word " act". In section 70(3), the proviso. Section 75(3). In section 81, subsection (3) and paragraph (a) of subsection (4). In section 118(1), the words " or a sentence of field punishment ". In section 120(5), the proviso. In section 135(5), the words " for an offence against section fifty-eight of this Act or ". In section 138(1), the words " fraudulently misapplying it ". In section 145(2)(a), the words " disobedience to orders or ". In section 152(2), the words " by or". In section 211, subsection (3) and, in subsection (4), the words " Paragraph (b) of subsection (2) of section thirty-seven ". In section 213, paragraph (b). In Schedule 3, in paragraph 1, the words "either with intent to assist the enemy or without authority "; and paragraphs 5 and 8. In Schedule 6, paragraph 1(2); and, in paragraph 1(3), the words from " references to cashiering " to " Her Majesty's service " and all the words after " Naval Discipline Act ". In Schedule 7, paragraphs 12 and 12A. 3 & 4 Eliz. 2. c. 19 . The Air Force Act 1955. In section 31(1)(a), the words " involving the use of violence or the threat of the use of violence, or "; and in section 31(3), the words from " and in this section " to the end. Sections 40 and 41. In section 43(1), the proviso. Section 53. In section 57(2), the words " paragraph (e) or (f) of". Section 58. In section 62, in paragraphs (a) and (b), the word " service" in each place where it occurs before the word " report", paragraph (d), and the word " or " immediately preceding that paragraph. Section 67. In section 69, the word " act". In section 70(3), the proviso. Section 75(3). In section 81, subsection (3) and paragraph (a) of subsection (4). In section 118(1), the words " or a sentence of field punishment". In section 120(5), the proviso. In section 135(5), the words " for an offence against section fifty-eight of this Act or ". In section 138(1), the words " fraudulently misapplying it ". In section 145(2)(a), the words " disobedience to orders or ". In section 152(2), the words " by or ". In section 210, subsection (3) and, in subsection (4), the words " Paragraph (b) of subsection (2) of section thirty-seven ". In section 211, paragraph (b). In Schedule 3, in paragraph 1, the words " either with intent to assist the enemy or without authority"; and paragraphs 5 and 8. In Schedule 6, paragraph 1(2); and, in paragraph 1(3), the words from "references to cashiering " to " Her Majesty's service " and all the words after " Naval Discipline Act ". 5 & 6 Eliz. 2. c. 53 . The Naval Discipline Act 1957. Section 9(1)(a), and, in section 9(2), the words " for any term ". In section 10, the words " for any term ". In section 13(a), the words " or quarrels ". In section 14, the word " wilfully " (twice). In section 16(1), the words "for any term ", and subsection (3). In section 17, in subsection (1), the words " without being guilty of desertion" and the words " or place of duty"; and subsection (2). In section 19, paragraph (b) and the word " or " immediately preceding that paragraph, and the words " for any term ". In section 20(a), the words " for any term ". Section 26. In section 39, the words " not described in the foregoing provisions of this Act". In section 47(2), the words "or place of duty ". In section 76(1), the words " fraudulently misapplying it". In section 97(1), in paragraphs (a) and (c), the words "or place of duty ". In section 109(3)(a), the words " or place of duty ". In section 122(2), the words " paragraph (b) of section twelve ". In Schedule 2, paragraphs 1 and 2. In Schedule 4, paragraph 2. In Schedule 5, the entry relating to Schedule7 to the Army Act 1955. 9 & 10 Eliz. 2. c. 52 . The Army and Air Force Act 1961. In section 13(1), the words from " or that subsection " to " of that Act". Sections 18 to 20. Sections 31 to 34. In Schedule 2, the entries relating to section 37(3) of the Army Act 1955 and section 37(3) of the Air Force Act 1955. 1966 c. 45 . The Armed Forces Act 1966. Section 8(2). In section 15(7), the words " 53 and " (twice). Sections 21 and 22. Section 27(1). In section 28(1), the words from " 37(2)(b) " to " engagement) and ". Section 32. 1968 c. 60 . The Theft Act 1968. In Part II of Schedule 2, the entries relating to sections 44(1)(b) and 45(b) of the Army Act 1955; in the entry relating to the Air Force Act 1955 the words " 44, 45 " and the words from "except" to the end; and the entry relating to section 29(b) of the Naval Discipline Act 1957. PART II Other Repeals Chapter Short Title Extent of Repeal 28 & 29 Vict. c. 73 . The Naval and Marine Pay and Pensions Act 1865. In section 2, in the definition of " officer ", the words " warrant, or subordinate " and the words " or assistant engineer ". 28 & 29 Vict. c. 111 . The Naval and Marines (Property of Deceased) Act 1865. In section 2, in the definition of " officer ", the words " warrant, or subordinate " and the words " or assistant engineer ". 4 & 5 Geo. 5. c. 70 . The Naval Billeting &c. Act 1914. The whole Act. 10 & 11 Geo. 6. c. 24 . The Naval Forces (Enforcement of Maintenance Liabilities) Act 1947. In section 1, paragraph (c) and the proviso. 14 Geo. 6. c. 32 . The Army Reserve Act 1950. Section 15(3). 14 Geo. 6. c. 33 . The Air Force Reserve Act 1950. Section 15(3). 1 & 2 Eliz. 2. c. 50 . The Auxiliary Forces Act 1953. Section 27(4). 3 & 4 Eliz. 2. c. 18 . The Army Act 1955. In section 113(5)(c), the words " valid for invalid ". Section 114(2). Section 120(8). Section 150(1)(d). Section 152(3). Section 153(2). In Schedule 7, paragraph 9. 3 & 4 Eliz. 2. c. 19 . The Air Force Act 1955. In section 113(5)(c), the words " valid for invalid ". Section 114(2). Section 120(8). Section 150(1)(d). Section 152(3). Section 153(2). 3 & 4 Eliz. 2. c. 20 . The Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955. In Schedule 2, paragraph 6, paragraph 13(8), paragraph 14 (8), and, in paragraph 18(4), the words from " in subsection (4) " to the end. 5 & 6 Eliz. 2. c. 53 . The Naval Discipline Act 1957. In section 53, subsection (4); and, in subsection (5), the words " notwithstanding anything in subsection (4) of this section and ". Section 72(2). In section 75(1), the words from " and has " to " one month ". Section 85(3). Section 101(3). 9 & 10 Eliz. 2. c. 52 . The Army and Air Force Act 1961. Section 23. 1966 c. 30 . The Reserve Forces Act 1966 In section 21(1), in the definition of "man", the words "(except in relation to the marine forces) ". 1970 c. 31 . The Administration of Justice Act 1970. In section 43(5), the words " by the Courts-Martial Appeal Court" and the words from " in pursuance " to " subsection (6) below "; and subsection (6).

Diplomatic and other Privileges Act 1971 Refund of customs duty on hydrocarbon oil used for diplomatic or Commonwealth Secretariat purposes. 1 1 Subject to the provisions of this section, the Commissioners of Customs and Excise shall make arrangements for securing the refund of customs duty paid on any hydrocarbon oil (within the meaning of the Hydrocarbon Oil (Customs and Excise) Act 1971) which is — a bought in the United Kingdom; and b used for such a purpose that, had it been imported for that use, exemption from customs duty thereon would have been required to be granted by virtue of — i paragraph 1 of Article 36 or paragraph 1 of Article 37 of the Articles set out in Schedule 1 to the Diplomatic Privileges Act 1964; or ii section 7 of the said Act of 1964; or iii paragraph 4 of the Schedule to the Commonwealth Secretariat Act 1966; but the Commissioners shall not make any payment by virtue of this subsection before such date as may be specified by directions of the Treasury. 2 Any arrangements made under this section may impose conditions subject to which any refund is to be made. 3 Section 3(1) of the said Act of 1964 (which relates to the withdrawal of privileges and immunities conferred by that Act) shall have effect as if the reference therein to that Act included a reference to this section. 4 Any amount refunded under arrangements made under this section shall be defrayed out of the moneys standing to the credit of the General Account of the Commissioners of Customs and Excise. Power to grant privileges etc. in case of Caribbean Development Bank. 2 Section 1 of the International Organisations Act 1968 shall apply to the Caribbean Development Bank established in pursuance of the agreement for that purpose signed for the United Kingdom at Kingston, Jamaica on the 18th October 1969 as it applies to such an organisation as is mentioned in subsection (1) of that section. Exemption from vehicle excise duty of senior officers of U.N. agencies. 3 Section 2 of the International Organisations Act 1968 (which enables certain exemptions, privileges and reliefs specified in section 2(2) to be conferred on senior officers of a specialised agency of the United Nations having its headquarters or principal office in the United Kingdom) shall have effect as if at the end of subsection (2)(b) there were added the words — and the exemption comprised in paragraph 9 of that Schedule from vehicle excise duty (that is to say, duty under section 1 of the Vehicles (Excise) Act 1971, whether chargeable by virtue of that section or otherwise, or any corresponding duty under an enactment of the Parliament of Northern Ireland) . Privileges and immunities in connection with Commonwealth and Irish posts of a consular nature. 4 1 In the Consular Relations Act 1968 there shall be substituted for section 12 the provisions set out in the Schedule to this Act (which reproduce, with minor extensions and modifications, the present effect of the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952 as amended by that section). 2 Accordingly, from the coming into force of an Order in Council made by virtue of the new section 12, there are hereby repealed — a the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952; and b in section 8(1)(b) of the Consular Relations Act 1968 the words from " or section 1(2) " onwards. Short title. 5 This Act may be cited as the Diplomatic and other Privileges Act 1971. SCHEDULE Provisions to have effect as s. 12 of Consular Relations Act 1968 Section 4. Privileges and immunities in connection with Commonwealth and Irish establishments 12 1 Her Majesty may, in relation to any such Commonwealth representatives as are described in subsection (2) below, provide by Order in Council for conferring all or any of the privileges and immunities which are conferred by or may be conferred under this Act on consular posts or persons connected with consular posts; and the reference in section 8(1)(b) of this Act (refund of hydrocarbon oil duty) to an order under section 3(1) of this Act shall extend also to an order under this section. 2 The Commonwealth representatives in relation to whom this section applies are — a persons in the service of the Government of any country within the Commonwealth (other than the United Kingdom) who hold offices appearing to Her Majesty to involve the performance of duties substantially corresponding to duties which, in the case of a foreign sovereign power, would be performed by a consular officer; and b any person for the time being recognised by Her Majesty's Government in the United Kingdom as the chief representative in the United Kingdom of a state or province of a country within the Commonwealth. 3 The privileges and immunities which may be conferred under this section shall include those which in other cases may, if an agreement so requires, be conferred by virtue of Schedule 2 to this Act. 4 The provisions of this section shall have effect in relation to persons in the service of the Government of the Republic of Ireland as they have effect in relation to persons in the service of the Government of a country within the Commonwealth.

The Medicines (Applications for Manufacturer's and Wholesale Dealer's Licences) Regulations 1971 The Secretaries of State respectively concerned with health in England and in Wales, the Secretary of State concerned with health and with agriculture in Scotland, the Minister of Health and Social Services for Northern Ireland, the Minister of Agriculture, Fisheries and Food and the Minister of Agriculture for Northern Ireland, acting jointly, in exercise of their powers under sections 18 and 129(1) of the Medicines Act 1968, as having effect subject to the provisions of article 2(2) of and Schedule 1 to the Transfer of Functions (Wales) Order 1969 and of all powers nabling them in that behalf, after consulting such organisations as appear to them to be representative of interests likely to be substantially affected, hereby make the following regulations; Citation and commencement 1 These regulations may be cited as the Medicines (Applications for Manufacturer's and Wholesale Dealer's Licences) Regulations 1971 and shall come into operation on 1st July 1971. Interpretation 2 1 In these regulations, unless the context otherwise requires — “ the Act ” means the Medicines Act 1968 ; “ application ” means the request for the grant of a licence together with the particulars required by these regulations, but does not include a request to renew a licence ; “ a manufacturer's licence ” does not include a manufacturer's licence of right ; “ a wholesale dealer's licence ” does not include a wholesale dealer's licence of right ; “ standard provisions for licences ” mean those standard provisions prescribed by the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971 ; and other expressions have the same meaning as in the Act. 2 The Interpretation Act 1889 shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament. Form of application for a manufacturer's licence and for a wholesale dealer's licence 3 1 Every application for the grant of a manufacturer's licence shall contain or be accompanied by the particulars specified in Schedule 1 to these regulations. 2 Every application for the grant of a wholesale dealer's licence shall contain or be accompanied by the particulars specified in Schedule 2 to these regulations. Supplementary provisions as to applications for manufacturer's licences and as to applications for wholesale dealer's licences 4 1 Every application for the grant of a manufacturer's licence and every application for the grant of a wholesale dealer's licence shall specify which, if any, of the standard provisions for licences it is desired shall be excluded or modified in relation to the grant of the licence. 2 Where, in any application for the grant of a manufacturer's licence or for the grant of a wholesale dealer's licence in accordance with these regulations, any required particulars are not furnished, the application shall state — a that the required particulars are not applicable, or b any other reason for their absence. 3 The applicant for the grant of a manufacturer's licence or for the grant of a wholesale dealer's licence shall submit the application with the pages of the application including the accompanying particulars serially numbered, and the applicant shall supply the licensing authority with six copies in the English language of the application and of the accompanying particulars, and where the application or accompanying particulars have been translated from another language also one copy of the application or the particulars, as the case may be, in the original language. 4 Every application for the grant of a manufacturer's licence and every application for the grant of a wholesale dealer's licence shall be signed by the applicant and where the application is made by a person other than the proposed licensee the application shall be signed by the proposed licensee. Keith Joseph Secretary of State for Social Services 19th May 1971 Given under my hand on 20th May 1971. Peter Thomas Secretary of State for Wales Given under my hand on 25th May 1971. Gordon Campbell Secretary of State for Scotland Given under my hand on 4th June 1971. W. K. Fitzsimmons Minister for Health and Social Services for Northern Ireland In witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th May 1971. J. M. L. Prior Minister of Agriculture, Fisheries and Food Given under my hand on 9th June 1971. H. W. West Minister of Agriculture for Northern Ireland SCHEDULE 1 PARTICULARS REQUIRED ON AN APPLICATION FOR THE GRANT OF A MANUFACTURER'S LICENCE Regulation 3(1) 1 The name and address of the applicant, and, where the applicant is not the proposed licensee, the name and address of the proposed licensee. 2 The period for which the licence is desired, where it is for less than five years. 3 A statement of the manufacturing or assembling operations to which the licence is to relate, including a statement whether they include one or both of the following — a the manufacture of medicinal products, or b the assembly of medicinal products. 4 A statement of the use for which the medicinal products are or are proposed to be manufactured, or assembled and whether the use is as stated in one or more of the following subparagraphs — a for use by being administered to human beings, b for use by being administered to animals, c for use in the form of an ingredient in the preparation of a substance or article which is to be administered to human beings or animals for a medicinal purpose, or d for use by incorporation in any animal feeding stuff. 5 1 The address of each of the premises where the manufacturing or assembling operations to which the application relates, or both operations, including any testing associated with manufacture or assembly, are or are to be carried out. 2 The address of each of the premises if different from those referred to in the preceding subparagraph — a on which are to be kept any living animals, or b on which are to be kept or from which are to be obtained any materials of animal origin, from which, in either case, are to be derived any substance or substances used in the production of the medicinal product whether human or veterinary to which the application relates. 3 The address of each of the premises where the proposed licensee proposes to store medicinal products or from which he proposes to distribute them. 4 A statement indicating the facilities and equipment available at each of the premises for storing the medicinal products on, and distributing them from or between, such premises. 5 A separate statement in respect of each of the premises, of the manufacturing or assembling operations capable of being carried out at those premises with their existing facilities. Each statement shall specify the classes of medicinal products to which the operations are relevant. 6 A separate statement in respect of each of the premises, of equipment available at those premises for carrying out each stage of the manufacturing or assembling operations described in subparagraph (5) of this paragraph. 6 A statement of any manufacturing operations, other than those to which the manufacturing licence is to relate, that are carried on by the proposed licensee on or near each of the premises referred to in paragraph 5 of this Schedule, and of the substances or articles which are the subject of any such operation. 7 1 The name and address and qualifications and experience of the production manager or other person whose duty it will be to supervise the production operations at each of the premises referred to in paragraph 5 of this Schedule, and the name and function of the person to whom he is responsible. 2 The name and address and degrees, diplomas or other qualifications and experience of the person to be in charge of quality control over all the premises referred to in paragraph 5 of this Schedule and the extent of the authority to be delegated to him to reject unsatisfactory batches of medicinal products, and the name and function of the person to whom he is responsible. If ultimate responsibility for quality control is to be exercised by the holder of the product licence, this is to be stated. 3 The name and address and degrees, diplomas or other qualifications of the person in charge of the animals referred to in paragraph 5(2) of this Schedule. 4 The name and address and degrees, diplomas or other qualifications of the person to be responsible for the culture of any living tissue to be used in the manufacture of medicinal products. 8 An outline of the arrangements for the identification and storage of materials and ingredients before and during manufacture and for the storage of medicinal products after manufacture or assembly. 9 An outline of the arrangements at each of the premises where the licensee stores or proposes to store medicinal products for ensuring, so far as practicable, whether by maintaining records or other means, a satisfactory turn-over of stocks of medicinal products. 10 An outline of the arrangements — a for maintaining production records, b for maintaining records of analytical and other testing procedures applied in the course of manufacture or assembly for ensuring compliance of materials used in the manufacture of any medicinal products with the specification of such materials or medicinal products, and c for keeping reference samples of materials used in the manufacture of any medicinal products and of the medicinal products. SCHEDULE 2 PARTICULARS REQUIRED ON AN APPLICATION FOR THE GRANT OF A WHOLESALE DEALER'S LICENCE Regulation 3(2) 1 The name and address of the applicant, and, where the applicant is not the proposed licensee, the name and address of the proposed licensee. 2 The period for which the licence is desired, where it is for less than five years. 3 A statement of the wholesale dealings to which the licence is to relate, and whether they consist of — a dealing in many kinds of medicinal products, and whether this dealing includes herbal remedies, b dealing only in such medicinal products as may be sold otherwise than at a registered pharmacy, or otherwise than by a practitioner or otherwise than at a hospital, c dealing only in herbal remedies, or d dealing only in particular classes of medicinal products not mentioned in the above sub paragraphs, and a description of those classes. 4 Whether in any case mentioned in paragraph 3 of this Schedule the use of medicinal products is to be one or more of the following — a for use by being administered to human beings, b for use by being administered to animals, c for use in the form of an ingredient in the preparation of a substance or article which is to be administered to human beings or animals for a medicinal purpose, or d for use by incorporation in any animal feeding stuff. 5 The address of each of the premises where the proposed licensee proposes to store medicinal products or from which he proposes to distribute them. 6 A statement indicating the general range of medicinal products to be stored at each of the premises. 7 A statement indicating the facilities and equipment available at each of the premises for storing the medicinal products on, and distributing them from or between, such premises. 8 An indication of the arrangements at each of the premises, whether by maintaining records or by other means, for ensuring, so far as practicable, a satisfactory turn-over of stocks of medicinal products.

The Antarctic Treaty (Specially Protected Area) Order 1971 At the Court at Buckingham Palace, the 28th day of July 1971 Present, The Queen's Most Excellent Majesty in Council Her Majesty, in exercise of the powers conferred upon Her by section 7(2)(b) of the Antarctic Treaty Act 1967, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 This Order may be cited as the Antarctic Treaty (Specially Protected Area) Order 1971 and shall come into operation on 4th August 1971. 2 For the purposes of the Antarctic Treaty Act 1967, the following area, being an area which has been recommended for inclusion in Annex B to Schedule 2 to the said Act, is designated as a Specially Protected Area: SPECIALLY PROTECTED AREA No. 16 COPPERMINE PENINSULA, ROBERT ISLAND, SOUTH SHETLAND ISLANDS Lat. 62° 23′S., Long. 59° 42′W. This area, the location of which is shown on the map in the Schedule hereto, compri0ses all the land west of a line drawn from north to south across the Peninsula, 100 metres west of the two shelters found on the isthmus. W. G. Agnew SCHEDULE

Administration of Estates Act 1971 Reciprocal recognition of grants Recognition in England and Wales of Scottish confirmations and Northern Irish grants of representation 1 1 Where a person dies domiciled in Scotland — a a confirmation granted in respect of all or part of his estate and noting his Scottish domicile, and b a certificate of confirmation noting his Scottish domicile and relating to one or more items of his estate, shall, without being resealed, be treated for the purposes of the law of England and Wales as a grant of representation (in accordance with subsection (2) below) to the executors named in the confirmation or certificate in respect of the property of the deceased of which according to the terms of the confirmation they are executors or, as the case may be, in respect of the item or items of property specified in the certificate of confirmation. 2 Where by virtue of subsection (1) above a confirmation or certificate of confirmation is treated for the purposes of the law of England and Wales as a grant of representation to the executors named therein then, subject to subsections (3) and (5) below, the grant shall be treated — a as a grant of probate where it appears from the confirmation or certificate that the executors so named are executors nominate; and b in any other case, as a grant of letters of administration. 3 Section 7 of the Administration of Estates Act 1925 (executor of executor represents original testator) shall not, by virtue of subsection (2)(a) above, apply on the death of an executor named in a confirmation or certificate of confirmation. 4 Subject to subsection (5) below, where a person dies domiciled in Northern Ireland a grant of probate of his will or letters of administration in respect of his estate (or any part of it) made by the High Court in Northern Ireland and noting his domicile there shall, without being resealed, be treated for the purposes of the law of England and Wales as if it had been originally made by the High Court in England and Wales. 5 Notwithstanding anything in the preceding provisions of this section, a person who is a personal representative according to the law of England and Wales by virtue only of those provisions may not be required, under section 25 of the Administration of Estates Act 1925, to deliver up his grant to the High Court. 6 This section applies in relation to confirmations, probates and letters of administration granted before as well as after the commencement of this Act, and in relation to a confirmation, probate or letters of administration granted before the commencement of this Act, this section shall have effect as if it had come into force immediately before the grant was made. 7 In this section " confirmation" includes an additional confirmation, and the term " executors ", where used in relation to a confirmation or certificate of confirmation, shall be construed according to the law of Scotland. Recognition in Northern Ireland of English grants of representation and Scottish confirmations 2 1 Where a person dies domiciled in England and Wales a grant of probate of his will or letters of administration in respect of his estate (or any part of it) made by the High Court in England and Wales and noting his domicile there shall, without being resealed, be treated for the purposes of the law of Northern Ireland as if it had been originally made by the High Court in Northern Ireland. 2 Where a person dies domiciled in Scotland — a a confirmation granted in respect of all or part of his estate and noting his Scottish domicile, and b a certificate of confirmation noting his Scottish domicile and relating to one or more items of his estate, shall, without being resealed, be treated for the purposes of the law of Northern Ireland as a grant of representation (in accordance with subsection (3) below) to the executors named in the confirmation or certificate in respect of the property of the deceased of which according to the terms of the confirmation they are executors or, as the case may be, in respect of the item or items of property specified in the certificate of confirmation. 3 Where by virtue of subsection (2) above a confirmation or certificate of confirmation is treated for the purposes of the law of Northern Ireland as a grant of representation to the executors named therein then, subject to subsection (4) below, the grant shall be treated — a as a grant of probate where it appears from the confirmation or certificate that the executors so named are executors nominate ; and b in any other case, as a grant of letters of administration. 4 Notwithstanding anything in any enactment or rule of law, subsection (3)(a) above shall not operate to entitle an executor of a sole or last surviving executor of a testator, whose will has been proved in Scotland only, to act as the executor of that testator. 5 This section applies in relation to probates, letters of administration and confirmations granted before as well as after the commencement of this Act, and — a in relation to a probate, letters of administration or confirmation granted, and resealed in Northern Ireland, before the commencement of this Act, this section shall have effect as if it had come into force immediately before the grant was so resealed; and b a probate, letters of administration or confirmation granted but not resealed in Northern Ireland before the commencement of this Act shall, for the purposes of this section, be treated as having been granted at the commencement of this Act. 6 In this section "confirmation" includes an additional confirmation, and the term " executors ", where used in relation to a confirmation or certificate of confirmation shall be construed according to the law of Scotland. Recognition in Scotland of English and Northern Irish grants of representation 3 1 Where a person dies domiciled in England and Wales or in Northern Ireland a grant of probate or letters of administration a from the High Court in England and Wales and noting his domicile there, or b from the High Court in Northern Ireland and noting his domicile there shall, without being resealed, be of the like force and effect and have the same operation in relation to property in Scotland as a confirmation given under the seal of office of the Commissariot of Edinburgh to the executor or administrator named in the probate or letters of administration. 2 This section applies in relation to probates and letters of administration granted before as well as after the commencement of this Act, and in relation to a probate or letters of administration granted before the commencement of this Act, this section shall have effect as if it had come into force immediately before the grant was made. Evidence of grants 4 1 In England and Wales and in Northern Ireland — a a document purporting to be a confirmation, additional confirmation or certificate of confirmation given under the seal of office of any commissariot in Scotland shall, except where the contrary is proved, be taken to be such a confirmation, additional confirmation or certificate of confirmation without further proof; and b a document purporting to be a duplicate of such a confirmation or additional confirmation and to be given under such a seal shall be receivable in evidence in like manner and for the like purposes as the confirmation or additional confirmation of which it purports to be a duplicate. 2 In England and Wales and in Scotland — a a document purporting to be a grant of probate or of letters of administration issued under the seal of the High Court in Northern Ireland or of the principal or district probate registry there shall, except where the contrary is proved, be taken to be such a grant without further proof; and b a document purporting to be a copy of such a grant and to be sealed with such a seal shall be receivable in evidence in like manner and for the like purposes as the grant of which it purports to be a copy. 3 In Scotland and in Northern Ireland — a a document purporting to be a grant of probate or of letters of administration issued under the seal of the High Court in England and Wales or of the principal or a district probate registry there shall, except where the contrary is proved, be taken to be such a grant without further proof ; and b a document purporting to be a copy of such a grant and to be sealed with such a seal shall be receivable in evidence in like manner and for the like purposes as the grant of which it purports to be a copy. Property outside Scotland of which deceased was trustee 5 1 A confirmation or additional confirmation granted in respect of property situated in Scotland of a person who died domiciled there, which notes that domicile, may contain or have appended thereto and signed by the sheriff clerk a note or statement of property in England and Wales or in Northern Ireland held by the deceased in trust, being a note or statement which has been set forth in any inventory recorded in the books of the court of which the sheriff clerk is clerk. 2 Section 1 or, as the case may be, section 2 of this Act shall apply in relation to property specified in such a note or statement as is mentioned in subsection (1) above as it applies in relation to property specified in the confirmation or additional confirmation concerned. Inventory of Scottish estate may include real estate in any part of the United Kingdom 6 1 It shall be competent to include in the inventory of the estate of any person who dies domiciled in Scotland any real estate of the deceased situated in England and Wales or Northern Ireland, and accordingly in section 9 of the Confirmation of Executors (Scotland) Act 1858 the word " personal" wherever it occurs is hereby repealed. 2 Section 14(2) of the Succession (Scotland) Act 1964 (act of sederunt to provide for description of heritable property) shall apply in relation to such real estate as aforesaid as it applies in relation to heritable property in Scotland. Consequential amendments 7 Schedule 1 to this Act, which contains amendments consequential on the preceding provisions of this Act, shall have effect. Rights and duties of personal representatives in England and Wales Power to require administrators to produce sureties 8 For section 167 of the Supreme Court of Judicature (Consolidation) Act 1925 (administration bonds) there shall be substituted the following section: — Power to require administrators to produce sureties. 167 1 As a condition of granting administration to any person the High Court may, subject to the following provisions of this section and subject to and in accordance with probate rules and orders, require one or more sureties to guarantee that they will make good, within any limit imposed by the court on the total liability of the surety or sureties, any loss which any person interested in the administration of the estate of the deceased may suffer in consequence of a breach by the administrator of his duties as such. 2 A guarantee given in pursuance of any such requirement shall enure for the benefit of every person interested in the administration of the estate of the deceased as if contained in a contract under seal made by the surety or sureties with every such person and, where there are two or more sureties, as if they had bound themselves jointly and severally. 3 No action shall be brought on any such guarantee without the leave of the High Court. 4 Stamp duty shall not be chargeable on any such guarantee. 5 This section does not apply where administration is granted to the Treasury Solicitor, the Public Trustee, the Solicitor for the affairs of the Duchy of Lancaster or the Duchy of Cornwall or the Chief Crown Solicitor for Northern Ireland, or to the consular officer of a foreign state to which section 1 of the Consular Conventions Act 1949 applies, or in such other cases as may be prescribed by probate rules and orders. Duties of personal representatives 9 For section 25 of the Administration of Estates Act 1925 (duty of personal representatives as to inventory and account) there shall be substituted the following section: — Duty of personal representatives. 25 The personal representative of a deceased person shall be under a duty to — a collect and get in the real and personal estate of the deceased and administer it according to law; b when required to do so by the court, exhibit on oath in the court a full inventory of the estate and when so required render an account of the administration of the estate to the court; c when required to do so by the High Court, deliver up the grant of probate or administration to that court. Retainer, preference and the payment of debts by personal representatives 10 1 The right of retainer of a personal representative and his right to prefer creditors are hereby abolished. 2 Nevertheless a personal representative — a other than one mentioned in paragraph (b) below, who, in good faith and at a time when he has no reason to believe that the deceased's estate is insolvent, pays the debt of any person (including himself) who is a creditor of the estate ; or b to whom letters of administration had been granted solely by reason of his being a creditor and who, in good faith and at such a time pays the debt of another person who is a creditor of the estate; shall not, if it subsequently appears that the estate is insolvent, be liable to account to a creditor of the same degree as the paid creditor for the sum so paid. Miscellaneous and supplemental Sealing of Commonwealth and Colonial grants 11 1 The following provisions of section 2 of the Colonial Probates Act 1892, that is to say — a subsection (2)(b) (which makes it a condition precedent to sealing in the United Kingdom letters of administration granted in certain overseas countries and territories that a sufficient security has been given to cover property in the United Kingdom); and b subsection (3) (power of the court in the United Kingdom to require that adequate security is given for the payment of debts due to creditors residing in the United Kingdom); shall not apply to the sealing of letters of administration by the High Court in England and Wales under that section, and the following provisions of this section shall apply instead. 2 A person to whom letters of administration have been granted in a country or territory to which the said Act of 1892 applies shall on their being sealed by the High Court in England and Wales under the said section 2 have the like duties with respect to the estate of the deceased which is situated in England and Wales and the debts of the deceased which fall to be paid there as are imposed by section 25(a) and (b) of the Administration of Estates Act 1925 on a person to whom a grant of administration has been made by that court. 3 As a condition of sealing letters of administration granted in any such country or territory, the High Court in England and Wales may, in cases to which section 167 of the Supreme Court of Judicature (Consolidation) Act 1925 (power to require administrators to produce sureties) applies and subject to the following provisions of this section and subject to and in accordance with probate rules and orders, require one or more sureties, in such amount as the court thinks fit, to guarantee, that they will make good, within any limit imposed by the court on the total liability of the surety or sureties, any loss which any person interested in the administration of the estate of the deceased in England and Wales may suffer in consequence of a breach by the administrator of his duties in administering it there. 4 A guarantee given in pursuance of any such requirement shall enure for the benefit of every person interested in the administration of the estate in England and Wales as if contained in a contract under seal made by the surety or sureties with every such person and, where there are two or more sureties, as if they had bound themselves jointly or severally. 5 No action shall be brought on any such guarantee without the leave of the High Court. 6 Stamp duty shall not be chargeable on any such guarantee. 7 Subsections (2) to (6) above apply to the sealing by the High Court in England and Wales of letters of administration granted by a British court in a foreign country as they apply to the sealing of letters of administration granted in a country or territory to which the Colonial Probates Act 1892 applies. 8 In this section — " letters of administration " and " British court in a foreign country " have the same meaning as in the Colonial Probates Act 1892; and " probate rules and orders " has the same meaning as in the Supreme Court of Judicature (Consolidation) Act 1925. Repeals and savings 12 1 The enactments specified in Part I of Schedule 2 to this Act (which include an enactment of the Parliament of Northern Ireland) are hereby repealed to the extent specified in the third column of that Schedule and the Government of Ireland (Re-sealing of Probates etc.) Order 1923 is hereby revoked. 2 So far as they relate to England and Wales only, the enactments specified in Part II of Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule. 3 Nothing in this Act shall affect the liability of any person for, or alter the incidence of, estate duty, including estate duty payable under the law for the time being in force in Northern Ireland. 4 The following provisions of this Act, that is to say — a section 8 ; b section 11 (other than subsection (2)); and c the repeals specified in Part II of Schedule 2 to this Act, other than the repeal of section 34(2) of the Administration of Estates Act 1925 ; shall not apply in relation to grants of administration made by the High Court before the commencement of this Act or to sealing by that court before the commencement of this Act of administration granted in any country or territory outside the United Kingdom. 5 Any administration bond given before the commencement of this Act under section 167 of the Supreme Court of Judicature (Consolidation) Act 1925 or under the Colonial Probates Act 1892 may be enforced and assigned as if this Act had not been passed. 6 Section 10 of this Act and the repeal by this section of section 34(2) of the Administration of Estates Act 1925 shall not apply in relation to the estates of persons dying before the commencement of this Act. Extension of powers of Parliament of Northern Ireland 13 No limitation on the powers of the Parliament of Northern Ireland imposed by the Government of Ireland Act 1920 shall apply in relation to legislation for any purpose similar to the purpose of any provision in sections 8 to 12 of this Act so as to preclude that Parliament from enacting a provision corresponding to any such provision. Short title, commencement and extent 14 1 This Act may be cited as the Administration of Estates Act 1971. 2 Section 13 of this Act and this section shall come into force on the passing of this Act and the remaining provisions of this Act shall come into force on 1st January 1972; and, notwithstanding anything in section 36 of the Interpretation Act 1889, any reference in this Act, or in any Act passed after the passing of this Act, to the commencement of this Act shall be construed as a reference to 1st January 1972. 3 Sections 1 and 8 to 11 of this Act and subsections (2) and (4) to (6) of section 12 of this Act extend to England and Wales only. 4 Sections 3 and 6 of this Act extend to Scotland only. 5 Section 2 of this Act extends to Northern Ireland only. SCHEDULES SCHEDULE 1 Amendments Consequential on ss. 1-6 Section 7. 1 In section 1 of the Confirmation and Probate Amendment Act 1859 (indemnification of persons making payments upon confirmations etc.) for the words from " any such instrument" to " prescribed " there shall be substituted the words " any instrument purporting to be a probate or letters of administration issued by any court in England and Wales or Northern Ireland and noting the domicile of the deceased as being in England and Wales or in Northern Ireland, as the case may be ". 2 In section 6 of the Executors (Scotland) Act 1900 (transmission of trust funds by executors of sole or last surviving trustees), for the words from " or Ireland " to " Edinburgh " there shall be substituted the words " and Wales or Northern Ireland to his executors and noting his domicile in England and Wales or in Northern Ireland, as the case may be ". 3 In section 5(2)(b) of the Conveyancing (Scotland) Act 1924 (executor to have title to debt secured by heritable security), for the words from " issued by any court " to " that effect, and " there shall be substituted the words — issued — a by any court in England and Wales or Northern Ireland and noting his domicile in England and Wales or in Northern Ireland, as the case may be, or b by any court outwith the United Kingdom and sealed in Scotland under section 2 of the Colonial Probates Act 1892 and . 4 In section 6(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (estate falling to Crown) for the words from " as well as " to the end of the subsection there shall be substituted the words " and Wales as well as in Scotland as an executor nominate to whom confirmation has been granted as mentioned in section 1 of the Administration of Estates Act 1971 5 In section 32(2)(b) of the Succession (Scotland) Act 1964 (certain testamentary dispositions to be probative), for the words from " issued " to " 1858 or " there shall be substituted the words " has been issued in England and Wales or Northern Ireland in respect of property disposed of in the disposition and notes the domicile of the deceased in England and Wales or in Northern Ireland, as the case may be, or probate, letters of administration or other grant of representation issued outwith the United Kingdom in respect of such property has been ". SCHEDULE 2 Enactments Repealed Section 12. PART I Enactments relating to abolition of resealing Chapter Short Title Extent of Repeal 20 & 21 Vict. c. 79 . The Probate and Letters of Administration Act (Ireland) 1857. In section 27 the words " probates, letters of administration ". Sections 94 and 95. 21 & 22 Vict. c. 56 . The Confirmation and Probate Act 1858. In section 9 the word " personal" in each place where it occurs. Sections 13 and 14. Schedule (F). 22 & 23 Vict. c. 31 . The Court of Probate Act (Ireland) 1859. Section 25. 23 & 24 Vict. c. 5 . The Indian Securities Act 1860. In section 1 the words from " and probate or " to the end of the section. 38 & 39 Vict. c. 41 . The Intestates Widows and Children (Scotland) Act 1875. In section 3, the words from " and where such " to the end of the section. 39 & 40 Vict. c. 24 . The Small Testate Estates (Scotland) Act 1876. In section 3, the words from " and where such " to the end of the section. 39 & 40 Vict. c. 70 . The Sheriff Courts (Scotland) Act 1876. Sections 42 and 43. 44 & 45 Vict. c. 12 . The Customs and Inland Revenue Act 1881. In section 34 the words from " and the fees " to the end of the section. 57 & 58 Vict. c. 30 . The Finance Act 1894. Section 16(4). Section 23(7). 10 & 11 Geo. 5. c. 67 . The Government of Ireland Act 1920. Section 28(5). 15 & 16 Geo. 5. c. 49 . The Supreme Court of Judicature (Consolidation) Act 1925. Section 168. Section 169. In section 174(2) the words " probates, letters of administration ". 18 & 19 Geo. 5. c. 26 . The Administration of Justice Act 1928. Section 10. 22 & 23 Geo. 5. c. 11 . The Northern Ireland (Miscellaneous Provisions) Act 1932. Section 2. 1955 c. 24. (N.I.) . The Administration of Estates Act (Northern Ireland) 1955. Section 27. 4 & 5 Eliz. 2. c. 46 . The Administration of Justice Act 1956. Section 17(3). 1970 c. 31 . The Administration of Justice Act 1970. In section 54(6) the words from " and the amendment " to the end of the section. In Schedule 2, paragraph 1. PART II Enactments relating to administration in England and Wales Chapter Short Title Extent of Repeal 20 & 21 Vict. c. 77 . The Court of Probate Act 1857. In section 73, the words " upon his giving such security (if any) as the court shall direct ". Section 82. 39 & 40 Vict. c. 18 . The Treasury Solicitor Act 1876. In section 2, the last paragraph, both as originally enacted and as applied by section 3 of the Duchy of Lancaster Act 1920. 54 & 55 Vict. c. 39 . The Stamp Act 1891. In Schedule 1, in the heading beginning "Bond on obtaining letters of administration " the words " England or ". 6 Edw. 7. c. 55 . The Public Trustee Act 1906. In section 11(4), the words " upon the grant to him of administration, or" and the words " if administration is granted to him or". 15 & 16 Geo. 5. c. 23 . The Administration of Estates Act 1925. Section 34(2). 12, 13 & 14 Geo. 6. c. 29 . The Consular Conventions Act 1949. In section 1(3) the words " (including liabilities under the administration bond) ". Section 1(5). 12, 13 & 14 Geo. 6. c. 47 . The Finance Act 1949. In Schedule 8, in paragraph 8, the words " and Bond on obtaining letters of administration ".

Rolls-Royce (Purchase) Act 1971 Provision for acquisition etc. 1 1 There may be defrayed out of moneys provided by Parliament any expenditure which a Minister of the Crown may, with the approval of the Treasury, incur — a with a view to or in connection with the acquisition for the benefit of the Crown (whether by a Minister or his nominee or by a company in which the shares are held for the benefit of the Crown) of any part of the undertaking and assets of Rolls-Royce Ltd. or of any company which is a subsidiary of it (within the meaning of the Companies Act 1948); or b with a view to or in connection with the carrying on of any undertaking acquired in pursuance of this Act; including expenditure in subscribing for shares in or securities of, or making loans to, any company so acquiring any undertaking or assets. 2 Section 1(1) proviso of the Civil Aviation Act 1949 (which excludes from the functions of a Minister under that section the production of civil aircraft by that Minister) shall not apply to things done in the carrying on of an undertaking acquired in pursuance of this Act. Short title. 2 This Act may be cited as the Rolls-Royce (Purchase) Act 1971.

The London Cab Order 1971 In pursuance of the powers conferred on me by section 9 of the Metropolitan Public Carriage Act 1869 and section 1 of the London Cab and Stage Carriage Act 1907 as extended by section 1 of the London Cab Act 1968, I hereby order as follows: — 1 This Order may be cited as the London Cab Order 1971 and shall come into operation on 29th March 1971. 2 1 For paragraphs 40 and 41 of the London Cab Order 1934 , as amended (which prescribe the scale of fare and certain extra charges payable for the hiring of a motor cab) there shall be substituted the following paragraphs: — 40 The fare payable for the hiring of a motor cab shall be according to the following scale: — i a hiring charge of nine pence (9p), and ii in respect of any part of the hiring during which the cab travels at a speed exceeding 6 miles an hour, at the rate of 3p for 450 yards or, if the fare shown on the meter is 81p or more, thereafter at the rate of 3p for 225 yards, and iii in respect of any part of the hiring during which the cab is stationary or travels at a speed not exceeding 6 miles an hour, at the rate of 3p for 2½ minutes or, if the fare shown on the meter is 81p or more, thereafter at the rate of 3p for 1¼ minutes: Provided that — a in any case where the fare according to the foregoing scale is less than 15p the fare payable shall be 15p, and in any other case where the fare exceeds a multiple of 3p by a sum which is less than 3p the fare payable shall be the next higher multiple of 3p; and b where a motor cab is fitted with a taximeter which is not capable of recording automatically the fare payable according to the scale prescribed in this paragraph, the fare payable — i in the case of a fare shown on the meter not exceeding nineteen shillings shall, so long as a notice in terms of the notice set out in Schedule E to this Order is kept prominently displayed in the cab in such a manner as to be clearly legible by the hirer, be, as respects a fare shown on the meter and set out in a column of the notice entitled “Shown on Meter”, the sum set out opposite thereto in the column next on the right thereof entitled “New Fare Charge”, and otherwise shall be the fare shown on the meter, ii in the case of a fare shown on the meter exceeding nineteen shillings but not exceeding ninety-nine shillings and sixpence shall, so long as a notice in the terms of the notice set out in Schedule E to this Order is available on request by the hirer from the driver of the motor cab, be, as respects a fare shown on the meter and set out in a column entitled “Shown on Meter”, the sum set out opposite thereto in the column next on the right thereof entitled “New Fare Charge”, and otherwise shall be the fare shown on the meter, iii where the sum of ninety-nine shillings and sixpence has been recorded on the meter and the meter would have recorded five pounds if it were capable of recording such a fare, shall be the fare payable under the preceding sub-paragraphs and in addition £6·03 shall become payable on each occasion when the meter has recorded ninety-nine shillings and sixpence and would record five pounds if it were capable of recording such a fare. c where the taximeter is capable of recording automatically the fare payable according to the scale prescribed in this paragraph, but is not capable of recording a total fare which exceeds £9·99, the fare payable shall be the fare shown on the meter (if any) and in addition ten pounds shall become payable on each occasion when the meter has recorded the maximum possible fare and would record a fare in excess of £9·99 if it were capable of recording such a fare. 41 1 In addition to the fare payable for the hiring of a motor cab as provided in the last preceding paragraph, extra charges in accordance with the following scales shall be payable by the hirer for the carriage of additional passengers or of luggage or animals, such extra charges to be for the whole of the journey for which the additional passengers or the luggage or animals are carried, that is to say: — (i) for each additional passenger beyond one carried in the cab 3p provided that for the purpose of computing this extra charge an infant in arms shall not count as a passenger, and two children under ten years of age shall count as one passenger,   (ii) for luggage carried on the driving platform or roof of the cab —   for each bicycle, perambulator, or child's push-chair (not being a folded push-chair) 6p for each article or package of any other description 3p (iii) for luggage carried inside the cab, for each article or package beyond two 3p provided that for the purpose of computing this extra charge articles of the following descriptions shall not count as articles or packages: — ( a ) articles of personal wear or use ordinarily carried on the person or in the hand, including articles ordinarily so carried for purposes of games or sport, and   ( b ) articles of personal luggage not exceeding two feet in length in the form of attache cases, bags, satchels, parcels or other similar packages or articles.   (iv) for dogs, cats, birds or other animals carried on or in the cab —   for each basket or other receptacle containing one or more animals 3p for each animal not carried in a basket or other receptacle 3p For the purpose of the extra charges under the foregoing provisions numbered (ii) and (iii) a basket or other receptacle containing one or more animals shall not be deemed to be an article of luggage. 2 In addition to the fare payable for the hiring of a motor cab as provided in the last preceding paragraph an extra charge of 9p shall be payable by the hirer for any hiring which commences or terminates between the hours of midnight and six o'clock in the morning. 3 The extra charges prescribed in this paragraph shall not be payable by the hirer unless the driver shall have recorded their amount on the dial of the taximeter or unless their amount exceeds the amount which can be shown on the dial provided that where a motor cab is fitted with a taximeter which is not capable of showing the amount of extra charges prescribed in this paragraph, the extra charges payable shall be those prescribed in this paragraph if a notice setting out the extra charges is kept prominently displayed in the cab in such a manner as to be clearly legible by the hirer. 4 Nothing in this paragraph shall compel the driver of a motor cab to permit the carriage inside the cab of any article or animal which is of such bulk or amount or character that the carrying of such article or animal, or its placing in or removal from the cab, would be likely to cause damage to the cab or its fittings. . 2 The London Cab Order 1970 (which provides for a surcharge of sixpence on each hiring of a motor cab) is hereby revoked. 3 For Schedule E to the London Cab Order 1934, as amended (which prescribes increase of fares) there shall be substituted the Schedule set out in the Schedule to this Order. 4 In sub-paragraphs (1) and (2) of paragraph 52 of the London Cab Order 1934, as amended (which relates to the disposal by the Assistant Commissioner of deposited property) for the words “the Metropolitan Police Lost Property Office” there shall be substituted in both places the words “the police station” . R. Maudling One of Her Majesty's Principal Secretaries of State Home Office Whitehall 3rd March 1971 SCHEDULE SCHEDULE E INCREASE OF FARES For all journeys beginning and ending within the Metropolitan and/or City Police Districts, the fare shown upon the taximeter, excluding extras, is (as authorised by the London Cab Order 1971 made by the Secretary of State) increased as shown in the table. The fare payable when an amount in excess of 19/– is shown on the meter is contained in a table in possession of the driver who must produce it for inspection on request. Table 1 Shown on New fare Shown on New fare Shown on New fare Shown on New fare Shown on New fare Shown on New fare Shown on New fare meter charge meter charge meter charge meter charge meter charge meter charge meter charge £ £ £ £ £ £ £ 2/– 0·15 9/– 0·57 16/– 0·99 23/– 1·41 30/– 1·83 37/– 2·25 44/– 2·67 2/6 0·18 9/6 0·60 16/6 1·02 23/6 1·44 30/6 1·86 37/6 2·28 44/6 2·70 3/– 0·21 10/– 0·63 17/– 1·05 24/– 1·47 31/– 1·89 38/– 2·31 45/– 2·73 3/6 0·24 10/6 0·66 17/6 1·08 24/6 1·50 31/6 1·92 38/6 2·34 45/6 2·76 4/– 0·27 11/– 0·69 18/– 1·11 25/– 1·53 32/– 1·95 39/– 2·37 46/– 2·79 4/6 0·30 11/6 0·72 18/6 1·14 25/6 1·56 32/6 1·98 39/6 2·40 46/6 2·82 5/– 0·33 12/– 0·75 19/– 1·17 26/– 1·59 33/– 2·01 40/– 2·43 47/– 2·85 5/6 0·36 12/6 0·78 19/6 1·20 26/6 1·62 33/6 2·04 40/6 2·46 47/6 2·88 6/– 0·39 13/– 0·81 20/– 1·23 27/– 1·65 34/– 2·07 41/– 2·49 48/– 2·91 6/6 0·42 13/6 0·84 20/6 1·26 27/6 1·68 34/6 2·10 41/6 2·52 48/6 2·94 7/– 0·45 14/– 0·87 21/– 1·29 28/– 1·71 35/– 2·13 42/– 2·55 49/– 2·97 7/6 0·48 14/6 0·90 21/6 1·32 28/6 1·74 35/6 2·16 42/6 2·58 49/6 3·00 8/– 0·51 15/– 0·93 22/– 1·35 29/– 1·77 36/– 2·19 43/– 2·61 50/– 3·03 8/6 0·54 15/6 0·96 22/6 1·38 29/6 1·80 36/6 2·22 43/6 2·64 50/6 3·06 51/– 3·09 58/– 3·51 65/– 3·93 72/– 4·35 79/– 4·77 86/– 5·19 93/– 5·61 51/6 3·12 58/6 3·54 65/6 3·96 72/6 4·38 79/6 4·80 86/6 5·22 93/6 5·64 52/– 3·15 59/– 3·57 66/– 3·99 73/– 4·41 80/– 4·83 87/– 5·25 94/– 5·67 52/6 3·18 59/6 3·60 66/6 4·02 73/6 4·44 80/6 4·86 87/6 5·28 94/6 5·70 53/– 3·21 60/– 3·63 67/– 4·05 74/– 4·47 81/– 4·89 88/– 5·31 95/– 5·73 53/6 3·24 60/6 3·66 67/6 4·08 74/6 4·50 81/6 4·92 88/6 5·34 95/6 5·76 54/– 3·27 61/– 3·69 68/– 4·11 75/– 4·53 82/– 4·95 89/– 5·37 96/– 5·79 54/6 3·30 61/6 3·72 68/6 4·14 75/6 4·56 82/6 4·98 89/6 5·40 96/6 5·82 55/– 3·33 62/– 3·75 69/– 4·17 76/– 4·59 83/– 5·01 90/– 5·43 97/– 5·85 55/6 3·36 62/6 3·78 69/6 4·20 76/6 4·62 83/6 5·04 90/6 5·46 97/6 5·88 56/– 3·39 63/– 3·81 70/– 4·23 77/– 4·65 84/– 5·07 91/– 5·49 98/– 5·91 56/6 3·42 63/6 3·84 70/6 4·26 77/6 4·68 84/6 5·10 91/6 5·52 98/6 5·94 57/– 3·45 64/– 3·87 71/– 4·29 78/– 4·71 85/– 5·13 92/– 5·55 99/– 5·97 57/6 3·48 64/6 3·90 71/6 4·32 78/6 4·74 85/6 5·16 92/6 5·58 99/6 6·00

Criminal Damage Act 1971 Destroying or damaging property 1 1 A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence. 2 A person who without lawful excuse destroys or damages any property, whether belonging to himself or another — a intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and b intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered ; shall be guilty of an offence. 3 An offence committed under this section by destroying or damaging property by fire shall be charged as arson. Threats to destroy or damage property 2 A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, — a to destroy or damage any property belonging to that other or a third person ; or b to destroy or damage his own property in a way which he knows is likely to endanger the life of that other or a third person ; shall be guilty of an offence. Possessing anything with intent to destroy or damage property 3 A person who has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it — a to destroy or damage any property belonging to some other person; or b to destroy or damage his own or the user's property in a way which he knows is likely to endanger the life of some other person ; shall be guilty of an offence. Punishment of offences 4 1 A person guilty of arson under section 1 above or of an offence under section 1(2) above (whether arson or not) shall on conviction on indictment be liable to imprisonment for life. 2 A person guilty of any other offence under this Act shall on conviction on indictment be liable to imprisonment for a term not exceeding ten years. " Without lawful excuse." 5 1 This section applies to any offence under section 1(1) above and any offence under section 2 or 3 above other than one involving a threat by the person charged to destroy or damage property in a way which he knows is likely to endanger the life of another or involving an intent by the person charged to use or cause or permit the use of something in his custody or under his control so to destroy or damage property. 2 A person charged with an offence to which this section applies shall, whether or not he would be treated for the purposes of this Act as having a lawful excuse apart from this subsection, be treated for those purposes as having a lawful excuse — a if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if he or they had known of the destruction or damage and its circumstances ; or b if he destroyed or damaged or threatened to destroy or damage the property in question or, in the case of a charge of an offence under section 3 above, intended to use or cause or permit the use of something to destroy or damage it, in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of the act or acts alleged to constitute the offence he believed — i that the property, right or interest was in immediate need of protection ; and ii that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the circumstances. 3 For the purposes of this section it is immaterial whether a belief is justified or not if it is honestly held. 4 For the purposes of subsection (2) above a right or interest in property includes any right or privilege in or over land, whether created by grant, licence or otherwise. 5 This section shall not be construed as casting doubt on any defence recognised by law as a defence to criminal charges. Search for things intended for use in committing offences of criminal damage 6 1 If it is made to appear by information on oath before a justice of the peace that there is reasonable cause to believe that any person has in his custody or under his control or on his premises anything which there is reasonable cause to believe has been used or is intended for use without lawful excuse — a to destroy or damage property belonging to another; or b to destroy or damage any property in a way likely to endanger the life of another, the justice may grant a warrant authorising any constable to search for and seize that thing. 2 A constable who is authorised under this section to search premises for anything, may enter (if need be by force) and search the premises accordingly and may seize anything which he believes to have been used or to be intended to be used as aforesaid. 3 The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of the police under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act. Jurisdiction of magistrates' courts 7 1 In Schedule 1 to the Magistrates' Courts Act 1952 (indictable offences triable summarily with the consent of the accused when adult), for paragraph 2 there shall be substituted the following paragraph: — 2 Offences under section 1(1), 2 and 3 of the Criminal Damage Act 1971 . 2 No rule of law ousting the jurisdiction of magistrates' courts to try offences where a dispute of title to property is involved shall preclude magistrates' courts from trying offences under this Act, or any other offences of destroying or damaging property. Award of compensation on conviction of an offence under s. 1 8 1 On conviction of any person of an offence under section 1 of this Act of destroying or damaging property belonging to another the court may, on application or otherwise, and on being satisfied as to the approximate cost of making good the loss of or damage to the property order him to pay to the person or any of the persons to whom the property belongs or belonged immediately before its destruction or damage such sum by way of compensation in respect of the whole or part of the loss of or damage to the property (not exceeding £400 in the case of a magistrates' court) as the court thinks just. 2 Any order under this section for the payment of compensation made on conviction on indictment shall be treated for the purposes of sections 30 and 42(1) and (2) of the Criminal Appeal Act 1968 (effect of appeals on orders for the restitution of property) as an order for the restitution of property; and where by reason of the quashing by the Court of Appeal of a person's conviction any such order under this section does not take effect, and on an appeal to the House of Lords the conviction is restored by that House, the House may make any order under this section which could be made on his conviction by the court which convicted him. 3 Any order under this section for the payment of compensation made by a magistrates' court shall be suspended — a in any case until the expiration of the period for the time being prescribed by law for the giving of notice of appeal against a decision of a magistrates' court; b where notice of appeal is given within the period so prescribed, until the determination of the appeal. 4 In Part I of Schedule 9 to the Administration of Justice Act 1970 (costs and compensation awarded against offenders and recoverable like fines imposed by magistrates' courts) after paragraph 9 there shall be inserted the following paragraph: — 9A Where under section 8 of the Criminal Damage Act 1971 a court orders the payment of a sum by way of compensation in respect of the whole or part of any loss of or damage to property . 5 This section shall be without prejudice to any other enactment which provides for the payment of compensation by a person convicted of an offence of damaging property or otherwise proved to have committed such an offence. Evidence in connection with offences under this Act 9 A person shall not be excused, by reason that to do so may incriminate that person or the wife or husband of that person of an offence under this Act — a from answering any question put to that person in proceedings for the recovery or administration of any property, for the execution of any trust or for an account of any property or dealings with property; or b from complying with any order made in any such proceedings ; but no statement or admission made by a person in answering a question put or complying with an order made as aforesaid shall, in proceedings for an offence under this Act, be admissible in evidence against that person or (unless they married after the making of the statement or admission) against the wife or husband of that person. Interpretation 10 1 In this Act " property " means property of a tangible nature, whether real or personal, including money and — a including wild creatures which have been tamed or are ordinarily kept in captivity, and any other wild creatures or their carcasses if, but only if, they have been reduced into possession which has not been lost or abandoned or are in the course of being reduced into possession; but b not including mushrooms growing wild on any land or flowers, fruit or foliage of a plant growing wild on any land. For the purposes of this subsection " mushroom " includes any fungus and " plant" includes any shrub or tree. 2 Property shall be treated for the purposes of this Act as belonging to any person — a having the custody or control of it; b having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest); or c having a charge on it. 3 Where property is subject to a trust, the persons to whom it belongs shall be so treated as including any person having a right to enforce the trust. 4 Property of a corporation sole shall be so treated as belonging to the corporation notwithstanding a vacancy in the corporation. Minor and consequential changes in existing law, and repeals 11 1 The common law offence of arson is hereby abolished. 2 The Dockyards, etc., Protection Act 1772 (under which it is a capital offence to set on fire, burn or otherwise destroy Her Majesty's ships, dockyards, stores, etc.) shall cease to have effect. 3 The following provisions of the Malicious Damage Act 1861, that is to say — a section 28 (flooding mines and destroying, damaging, flooding or obstructing mine shafts, etc.); and b section 29 (destroying, damaging or obstructing the working of mine equipment); shall cease to have effect. 4 In the Schedule to the Extradition Act 1873 (additional list of extradition crimes), for the words " Malicious Damage Act 1861 " there shall be substituted the words " Criminal Damage Act 1971 or the unrepealed provisions of the Malicious Damage Act 1861 " and for the words " the same " there shall be substituted the word " either ". 5 For section 9(2) of the Salmon and Freshwater Fisheries Act 1923, as amended by the Salmon and Freshwater Fisheries Act 1965 (unlawfully or maliciously destroying dams, etc. with intent to take or destroy fish), there shall be substituted the following subsection: — 2 No person shall, without lawful excuse, destroy or damage any dam, flood-gate or sluice with intent thereby to take or destroy fish . 6 In paragraph 3 of the Schedule to the Visiting Forces Act 1952 (offences against property in the case of which a member of a visiting force is in certain circumstances not liable to be tried by a United Kingdom court) after paragraph (g) (which was inserted by the Theft Act 1968) there shall be added the following paragraph: — h the Criminal Damage Act 1971 . 7 In Schedule 1 to the Firearms Act 1968 (which lists the offences to which section 17(2) (possession of firearms when committing or being arrested for specified offences) relates), for paragraph 1 there shall be substituted the following paragraph: — 1 Offences under section 1 of the Criminal Damage Act 1971 . 8 The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in column 3 of that Schedule; and where any such enactment has been applied by or incorporated in any other Act the repeal shall extend so as to repeal that enactment as so applied or incorporated. 9 Where it appears to the Secretary of State that a local statutory provision is inconsistent with or has become unnecessary in consequence of this Act he may, after consultation with any person appearing to him to be concerned with that provision, by order amend that provision so as to bring it into conformity with this Act or repeal it. In this subsection " local statutory provision" means a provision of a local Act (including an Act confirming a provisional order) or a provision of a public general Act passed with respect only to a particular area or a particular undertaking or a provision of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act. 10 An order made under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 11 The repeal by this section or an order made thereunder of any enactment relating to procedure or to the jurisdictional powers of any court shall not affect the operation of that enactment in relation to offences committed before the repeal takes effect or to proceedings for any such offence. Short title and extent 12 1 This Act shall come into force at the expiration of the period of three months beginning with the day on which it is passed. 2 This Act may be cited as the Criminal Damage Act 1971. 3 Except as provided by subsections (4) to (6) below, this Act does not extend to Scotland or Northern Ireland. 4 Section 11(4) of this Act extends to Scotland and Northern Ireland. 5 Section 11(5) of this Act extends to so much of the river Esk, with its banks and tributary streams up to their source, as is situated in Scotland, but does not apply to the river Tweed within the meaning of the expression " the river " as defined by the Tweed Fisheries Amendment Act 1859 and any byelaw amending that definition. 6 Part II of the Schedule to this Act and so much of section 11(8) above as relates thereto extend to Scotland; and section 11(2) of this Act, Part III of that Schedule and so much of section 11(8) as relates thereto extend to Scotland and Northern Ireland. SCHEDULE Repeals Sections 11 and 12. PART I Repeals extending to England and Wales only Session and Chapter Short Title Extent of Repeal 2 & 3 Vict. c. 47 . The Metropolitan Police Act 1839. In section 54, in paragraph 10, the words from " or wilfully break " onwards. 2 & 3 Vict. c. 71 . The Metropolitan Police Courts Act 1839. Section 38. 3 & 4 Vict. c. 92 . The Non-Parochial Registers Act 1840. In section 8, the words from " shall wilfully destroy " to " any part thereof, or ". 8 & 9 Vict. c. 16 . The Companies Clauses Consolidation Act 1845. In section 146, the words " or injure ". 8 & 9 Vict. c. 20 . The Railways Clauses Consolidation Act 1845. In section 95, the words " deface, or destroy ". 9 & 10 Vict. c. 39 . The Chelsea Bridge and Embankment Act 1846. Section 85. 10 & 11 Vict. c. 89 . The Town Police Clauses Act 1847. Section 67. 16 & 17 Vict. c. 46 . The Westminster Bridge Act 1853. Section 14. 24 & 25 Vict. c. 97 . The Malicious Damage Act 1861. The whole Act, except sections 35, 36, 47, 48, 58 and 72. 4 & 5 Geo. 5. c. 58 . The Criminal Justice Administration Act 1914. Section 14. 13 & 14 Geo.5. c. 16 . The Salmon and Freshwater Fisheries Act 1923. Section 10. 15 & 16 Geo. 5. c. 71 . The Public Health Act 1925. In section 19(2), the words " destroys" and " or defaces ". 23 & 24 Geo. 5. c. 51 . The Local Government Act 1933. In section 289, the words " destroys " and " injures or defaces ". 15 & 16 Geo. 6. & 1 Eliz. 2. c. 55 . The Magistrates' Courts Act 1952. Section 127(1). In Schedule 1, paragraph 2. 7 & 8 Eliz. 2. c. 25 . The Highways Act 1959. In section 103A (as inserted by section 23 of the Highways Act 1971), subsection (4). In section 117, subsections (1)(e) and (2)(a) and (b) and in subsection (2)(c), the word " damages ". 9 & 10 Eliz. 2. c. 64 . The Public Health Act 1961. In section 44(5), the words " or damages ". 1964 c. 76 . The Malicious Damage Act 1964. The whole Act. 1967 c. 58 . The Criminal Law Act 1967. In Schedule 1, in List A, item 1 in Division I and item 2 in Division II. In Schedule 2, paragraph 7 and in paragraph 8, sub-paragraph (a) and the word " (b)". 1967 c. 80 . The Criminal Justice Act 1967. In Part I of Schedule 3, the entries relating to the Malicious Damage Act 1861 and the Criminal Justice Administration Act 1914. 1968 c. 27 . The Firearms Act 1968. In section 16, the words " or cause serious injury to property" in both places where they occur, and the words " to person or property ". In Schedule 1, in paragraph 9, the words from " other than " onwards. 1969 c. 54 . The Children and Young Persons Act 1969. In section 3(6), the last paragraph. 1971 c. 41 . The Highways Act 1971. In section 23(1), subsection (4) of the section inserted in the Highways Act 1959 as section 103A. PART II Repeals extending to England, Wales and Scotland Session and Chapter Short Title Extent of Repeal 4 & 5 Vict. c. 30 . The Ordnance Survey Act 1841. In section 7, the words from " or shall wilfully " to " bolt, or mark ". 10 & 11 Vict. c. 65 . The Cemeteries Clauses Act 1847. Section 58. 38 & 39 Vict. c. 17 . The Explosives Act 1875. In section 82, the words " injures, or defaces ". 62 & 63 Vict. c. 19 . The Electric Lighting (Clauses) Act 1899. In section 19 of the Gasworks Clauses Act 1847 as set out in paragraph 19 of the Appendix to the Schedule, the words " destroy or damage ". 18 & 19 Geo. 5. c. 32 . The Petroleum (Consolidation) Act 1928. In section 2(4)(b), the words " injures, or defaces ". 1 & 2 Eliz. 2. c. 36 . The Post Office Act 1953. In section 57, the words " or destroys " 2 & 3 Eliz. 2. c. 70 . The Mines and Quarries Act 1954. In section 162, the words " injures or defaces ". 7 & 8 Eliz. 2. c. 7 . The Manoeuvres Act 1958. Section 8(2)(b). 9 & 10 Eliz. 2. c. 34 . The Factories Act 1961. In section 138(4), the words " injures or defaces ". 1963 c. 41 . The Offices, Shops and Railway Premises Act 1963. In section 69, the words " injures or defaces ". 1964 c. 71 . The Trading Stamps Act 1964. In section 7(4), the words " injures or defaces ". 1967 c. 80 . The Criminal Justice Act 1967. In Part I of Schedule 3, the entry relating to section 58 of the Cemeteries Clauses Act 1847. PART III Repeals extending to the United Kingdom Session and Chapter Short Title Extent of Repeal 12 Geo. 3. c. 24 . The Dockyards, etc. Protection Act 1772. The whole Act. 33 & 34 Vict. c. 52 . The Extradition Act 1870. In Schedule 1, the word "Arson ". 2 & 3 Geo. 6. c. 38 . The Ministry of Supply Act 1939. In Part II of the Schedule, the words " The Dockyards, etc. Protection Act 1772 ".

Unsolicited Goods and Services Act 1971 Rights of recipient of unsolicited goods. 1 1 In the circumstances specified in the following subsection, a person who after the commencement of this Act receives unsolicited goods, may as between himself and the sender, use, deal with or dispose of them as if they were an unconditional gift to him, and any right of the sender to the goods shall be extinguished. 2 The circumstances referred to in the preceding subsection are that the goods were sent to the recipient with a view to his acquiring them, that the recipient has no reasonable cause to believe that they were sent with a view to their being acquired for the purposes of a trade or business and has neither agreed to acquire nor agreed to return them, and either — a that during the period of six months beginning with the day on which the recipient received the goods the sender did not take possession of them and the recipient did not unreasonably refuse to permit the sender to do so; or b that not less than thirty days before the expiration of the period aforesaid the recipient gave notice to the sender in accordance with the following subsection, and that during the period of thirty days beginning with the day on which the notice was given the sender did not take possession of the goods and the recipient did not unreasonably refuse to permit the sender to do so. 3 A notice in pursuance of the preceding subsection shall be in writing and shall — a state the recipient's name and address and, if possession of the goods in question may not be taken by the sender at that address, the address at which it may be so taken; b contain a statement, however expressed, that the goods are unsolicited, and may be sent by post. 4 In this section " sender ", in relation to any goods, includes any person on whose behalf or with whose consent the goods are sent, and any other person claiming through or under the sender or any such person. Demands and threats regarding payment. 2 1 A person who, not having reasonable cause to believe there is a right to payment, in the course of any trade or business makes a demand for payment, or asserts a present or prospective right to payment, for what he knows are unsolicited goods sent (after the commencement of this Act) to another person with a view to his acquiring them, shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding £200. 2 A person who, not having reasonable cause to believe there is a right to payment, in the course of any trade or business and with a view to obtaining any payment for what he knows are unsolicited goods sent as aforesaid — a threatens to bring any legal proceedings; or b places or causes to be placed the name of any person on a list of defaulters or debtors or threatens to do so; or c invokes or causes to be invoked any other collection procedure or threatens to do so, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £400. Directory entries. 3 1 A person shall not be liable to make any payment, and shall be entitled to recover any payment made by him, by way of charge for including or arranging for the inclusion in a directory of an entry relating to that. person or his trade or business, unless there has been signed by him or on his behalf an order complying with this section or a note complying with this section of his agreement to the charge and, in the case of a note of agreement to the charge, before the note was signed, a copy of it was supplied, for retention by him, to him or to a person acting on his behalf. 2 A person shall be guilty of an offence punishable on summary conviction with a fine not exceeding £400 if, in a case where a payment in respect of a charge would, in the absence of an order or note of agreement to the charge complying with this section, be recoverable from him in accordance with the terms of subsection (1) above, he demands payment, or asserts a present or prospective right to payment, of the charge or any part of it, without knowing or having reasonable cause to believe that the entry to which the charge relates was ordered in accordance with this section or a proper note of agreement has been duly signed. 3 For the purposes of subsection (1) above, an order for an entry in a directory must be made by means of an order form or other stationery belonging to the person to whom, or to whose trade or business, the entry is to relate and bearing, in print, the name and address (or one or more of the addresses) of that person; and the note required by this section of a person's agreement to a charge must state the amount of the charge immediately above the place for signature, and — a must identify the directory or proposed directory, and give the following particulars of it — i the proposed date of publication of the directory or of the issue in which the entry is to be included and the name and address of the person producing it; ii if the directory or that issue is to be put on sale, the price at which it is to be offered for sale and the minimum number of copies which are to be available for sale; iii if the directory or that issue is to be distributed free of charge (whether or not it is also to be put on sale), the minimum number of copies which are to be so distributed; and b must set out or give reasonable particulars of the entry in respect of which the charge would be payable. 4 Nothing in this section shall apply to a payment due under a contract entered into before the commencement of this Act, or entered into by the acceptance of an offer made before that commencement. Unsolicited publications. 4 1 A person shall be guilty of an offence if he sends or causes to be sent to another person any book, magazine or leaflet (or advertising material for any such publication) which he knows or ought reasonably to know is unsolicited and which describes or illustrates human sexual techniques. 2 A person found guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £100 for a first offence and to a fine not exceeding £400 for any subsequent offence. 3 A prosecution for an offence under this section shall not in England and Wales be instituted except by, or with the consent of, the Director of Public Prosecutions. Offences by corporations. 5 1 Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary, or other similar officer of the body corporate, or of any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 2 Where the affairs of a body corporate are managed by its members, this section shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate. Interpretation. 6 1 In this Act, unless the context or subject matter otherwise requires, — " acquire " includes hire; " send " includes deliver, and " sender " shall be construed accordingly; " unsolicited " means, in relation to goods sent to any person, that they are sent without any prior request made by him or on his behalf. 2 For the purposes of this Act any invoice or similar document stating the amount of any payment, and not stating as prominently (or more prominently) that no claim is made to the payment, shall be regarded as asserting a right to the payment. Citation, commencement and extent. 7 1 This Act may be cited as the Unsolicited Goods and Services Act 1971. 2 This Act shall come into force at the expiration of three months beginning with the day on which it is passed. 3 This Act does not extend to Northern Ireland.

The Courts (Compensation to Officers) Regulations 1971 The Lord Chancellor, in exercise of the powers conferred on him by section 44 of the Courts Act 1971, and with concurrence of the Minister for the Civil Service, hereby makes the following Regulations: PART I PRELIMINARY Citation and commencement 1 These Regulations may be cited as the Courts (Compensation to Officers) Regulations 1971 and shall come into operation on 1st January 1972. Interpretation 2 1 In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say: — “ accrued pension ”, in relation to a pensionable officer who has suffered loss of employment, means — if his last relevant pension scheme provided benefits in which he had a right to participate, the pension to which he would have become entitled in respect of his pensionable service according to the method of calculation (modified where necessary for the purpose of giving effect to these Regulations) prescribed by that scheme if, at the date on which he ceased to be subject to that scheme, he had attained normal retiring age and complied with any requirement of that scheme as to a minimum period of qualifying service or contribution and completed any additional contributory payments or payments in respect of added years which he was in the course of making; and in any other case, such portion of the pension (if any) of which he had reasonable expectations as the compensating authority consider equitable, having regard to his age, the length of his employment at the date of loss and all the other circumstances of the case; “ accrued retiring allowance ”, in relation to a pensionable officer who has suffered loss of employment, means — if his last relevant pension scheme provided benefits in which he had a right to participate, any lump sum payment to which he would have become entitled in respect of his pensionable service according to the method of calculation (modified where necessary for the purpose of giving effect to these Regulations) prescribed by that scheme if, at the date on which he ceased to be subject to that scheme, he had attained normal retiring age and complied with any requirement of that scheme as to a minimum period of qualifying service or contribution and completed any additional contributory payments or payments in respect of added years which he was in the course of making; and in any other case, such portion of the lump sum payment (if any) of which he had reasonable expectations as the compensating authority consider equitable, having regard to his age, the length of his employment at the date of loss and all the other circumstances of the case; “ accrued incapacity pension ” and “ accrued incapacity retiring allowance ” have the same respective meanings as “accrued pension” and “accrued retiring allowance” except that the reference to a person's attaining normal retiring age shall be construed as a reference to his becoming incapable of discharging efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body ; “ added years ”, in relation to a person who suffers loss of employment, means — in the case of a contributory employee or local Act contributor, any additional years of service reckonable by him in his employment immediately prior to the loss in question under Regulation 12 of the Local Government Superannuation (Benefits) Regulations 1954 as amended , or any corresponding provision of a local Act scheme, or those Regulations or any such provision as aforesaid as applied by or under any enactment, and includes any additional years of service which, having been granted under any such provision or under any similar provision contained in any other enactment or scheme, have subsequently become and are reckonable under or by virtue of rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948, or any other enactment; and in the case of any other person, any additional years of service, similar to those mentioned in paragraph ( a ) of this definition, reckonable by him under the pension scheme associated with the employment he has lost; “ additional contributory payments ” means — additional contributory payments of the kind referred to in section 2(3) and (4) of the Local Government Superannuation Act 1953; or any similar payments made under a local Act scheme or other pension scheme as a condition of reckoning any period of employment as service or as a period of contribution for the purposes of the scheme, or, where the scheme provides for the reckoning of non-contributing service, as contributing service for the purposes of the scheme; or any payments made for the purpose of increasing the length of which any period of service or of contribution would be reckonable for the purpose of calculating a benefit under a local Act scheme; or any payments similar to any of those mentioned in the foregoing sub-paragraphs made in pursuance of rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948; “ compensating authority ” means the Lord Chancellor ; “ compensation question ” means a question arising under these Regulations — as to a person's entitlement to compensation for loss of employment, or for loss or diminution of emoluments; or as to the manner of a person's employment or the comparability of his duties; “ contributory employee ”, “ contributing service ”, “ non-contributing service ”, “ local Act contributor ” and “ local Act scheme ” have the same meanings as in the Local Government Superannuation Act 1937 ; “ emoluments ” means all salary, wages, fees and other payments paid or made to an officer as such for his own use, and also the money value of any apartments, rations or other allowances in kind appertaining to his employment, but does not include payments for overtime which are not a usual incident of his employment, or any allowances payable to him to cover the cost of providing office accommodation or clerical or other assistance, or any travelling or subsistence allowance or other moneys to be spent, or to cover expenses incurred, by him for the purposes of his employment ; and “ net emoluments ”, in relation to any employment, means the annual rate of the emoluments of that employment less such part of those emoluments as the officer was liable to contribute under a pension scheme, and in relation to any employment which has been lost or the emoluments of which have been diminished, the expression means the annual rate of emoluments as aforesaid immediately before the loss or diminution, as the case may be: Provided that where fees or other variable payments were paid to an officer as part of his emoluments during any period immediately preceding the loss or diminution, the amount in respect of fees or other variable payments to be included in the annual rate of emoluments shall be the annual average of the fees or other payments paid to him during the period of five years immediately preceding the loss or diminution, or such other period as the compensating authority may think reasonable in the circumstances; “ enactment ” means any Act or any instrument made under an Act ; “ last relevant pension scheme ”, in relation to a pensionable officer, means a pension scheme to which he was subject immediately before suffering loss of employment or loss or diminution of emoluments ; “ local authority ” means the council of a county, county borough, metropolitan borough, London borough, county district, rural parish or borough included in a rural district, the Greater London Council, the Common Council of the City of London and the council of the Isles of Scilly, any two or more of those authorities acting jointly and any joint committee, combined authority or joint board and a police authority for a county, a borough or a combined police area ; “ long-term compensation ” means compensation payable in accordance with the provisions of Part IV of these regulations for loss of employment or loss or diminution of emoluments ; “ material date ”, in relation to any person who has suffered loss of employment or loss or diminution of emoluments, means , for the purposes of regulations 3 and 5, 30th June 1971, and, for all other purposes, 1st January 1972, or the date on which the loss or diminution occurred, whichever is the earlier ; “ minimum pensionable age ” means , in relation to a pensionable officer, the earliest age at which, under his last relevant pension scheme, he could have become entitled to receive payment of a pension, other than a pension payable in consequence of his redundancy or the termination of his employment in the interests of efficiency or his incapacity to discharge efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body ; “ national service ” means service which is relevant service within the meaning of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 and includes service immediately following such service as aforesaid being service in any of Her Majesty's naval, military or air forces pursuant to a voluntary engagement entered into with the consent of the authority or person under whom an officer held his last relevant employment or, where appropriate, the authority by whom such an officer was appointed . “ normal retiring age ” means , in the case of a pensionable officer to whom an age of compulsory retirement applied by virtue of any enactment to which he was subject in the employment which he has lost or the emoluments of which have been diminished or by virtue of the conditions of that employment, that age, and, in any other case — in relation to a person claiming compensation in respect of the office of clerk of the peace, deputy clerk of the peace or under-sheriff, seventy years, and, in relation to any other person, the age of sixty-five years if the officer is a male, or sixty years if the officer is a female. “ officer ” includes the holder of any place, situation or employment and the expression “ office ” shall be construed accordingly ; “ pensionable officer ”, in relation to a person who has suffered loss of employment or loss or diminution of emoluments, means a person who immediately before such loss or diminution was subject to a pension scheme ; “ pension scheme ”, in relation to a pensionable officer, means any form of arrangement associated with his employment for the payment of superannuation benefits, whether subsisting by virtue of Act of Parliament, trust, contract or otherwise ; “ reckonable service ”, in relation to a person, means any period of whole-time or part-time employment in any relevant employment and includes any period of war service undertaken on his ceasing to hold any such employment but does not include employment of which account has been taken, or is required to be taken, in calculating the amount of any superannuation benefit to which he has become entitled ; “ relevant employment ” means employment — under the Crown or in the service of a local authority or of any court abolished or merged under the Courts Act 1971 or in connection with the exercise of any function transferred to the Lord Chancellor or any other Minister by that Act; by any authority or body for the purposes of the Crown or of local government in the United Kingdom; under any officer employed as mentioned in paragraph ( a ) or ( b ) of this definition for the purposes of the functions of the employing authority or body; preceding any of the foregoing employments which was reckonable for the purposes of the last relevant pension scheme; or such other employment as the compensating authority may, in the case of any named officer, approve, but except as provided in regulations 7(1) and 13(1) does not include service in the armed forces of the Crown ; “ resettlement compensation ” means compensation payable in accordance with Part III of these Regulations for loss of employment ; “ retirement compensation ” means compensation payable in accordance with the provisions of regulation 20, 21, 22 or 23 ; “ tribunal ” means a tribunal established under section 12 of the Industrial Training Act 1964 ; “ war service ” means war service within the meaning of the Local Government Staffs (War Service) Act 1939, the Teachers Superannuation (War Service) Act 1939, the Police and Firemen (War Service) Act 1939, or employment for was purposes within the meaning of the Superannuation Schemes (War Service) Act 1940, and includes any period of service in the first world was in the armed forces of the Crown or in the forces of the Allied or Associated Powers if such service immediately followed a period of relevant employment and was undertaken either compulsorily or with the permission of the employer in that employment . 2 The holder of an office or appointment shall, for the purposes of these Regulations, be regarded as employed in that office or appointment and the expression “ employment ” shall be construed accordingly . 3 a Where under any provision of these regulations an annual value is to be assigned to a capital sum or a capital value to an annual amount, the annual or capital value shall be ascertained in accordance with the tables set out in the schedule to these regulations insofar as they provide for the particular case. b For the purpose of determining the application of the said tables the headings and the note to each table shall be treated as part of the table. c Where the said tables do not provide for a case in which an annual value is to be assigned to a capital sum or a capital value to an annual amount, the annual or capital value shall be such as may be agreed between the compensating authority and the person to whom the capital sum or annual amount is payable. 4 Unless the context otherwise requires, references in these Regulations to the provisions of any enactment shall be construed as references to those provisions as amended, re-enacted or modified by any subsequent enactment. 5 References in these Regulations to a numbered regulation shall, unless the reference is to a regulation of specified regulations, be contrued as references to the regulation bearing that number in these Regulations. 6 References in any of these Regulations to a numbered paragraph shall, unless the reference is to a paragraph of a specified regulation, be construed as references to the paragraph bearing that number in the first mentioned regulation. 7 The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament. PART II ENTITLEMENT TO COMPENSATION Persons to whom the regulations apply 3 These Regulations shall apply to any person who, for the whole or part only of his time, immediately before the material date — a was employed in any office referred to in section 44(1) of the Courts Act 1971; or b was employed, whether by or under the holder of any such office or otherwise, in connection with the exercise of the functions of any court abolished or merged, or in connection with any function transferred to the Lord Chancellor or to any other Minister, by that Act; or c would have been so employed but for any national service on which he was then engaged. Grounds of entitlement to compensation 4 Subject to the provisions of these Regulations, any person to whom these Regulations apply and who suffers loss of employment or loss or diminution of emoluments which is attributable to — a the provisions of section 44(1) of the Courts Act 1971, b the abolition or merger of any court by that Act, or c the transfer by that Act of any function to the Lord Chancellor or to any other Minister shall be entitled to have his case considered for the payment of compensation under these regulations, and such compensation shall be determined in accordance with these regulations. National Service 5 1 Where any person to whom these Regulations apply would have been employed immediately before the material date in any capacity referred to in paragraphs (a) or (b) of regulation 3 but for any national service on which he was then engaged, then if before the expiry of two months after ceasing to be so engaged, or if prevented by sickness or other reasonable cause, as soon as practicable thereafter, he gives notice to the compensating authority that he is available for employment, that person shall be entitled to have his case considered for the payment of compensation on the ground — a if he is not given or offered re-employment in his former office or in any reasonably comparable office (whether in the same or in a different service), of loss of employment; or b if he is so re-employed with diminished emoluments as compared with the emoluments which he would have enjoyed had he continued in his former employment, of diminution of emoluments. 2 The loss of employment which is the cause of a claim for compensation under paragraph (1)( a ) shall be treated as having occurred on the earlier of the two following dates, that is to say, the date of the refusal of re-employment or a date one month after the date on which the person gave notice that he was available for employment; and the person shall be deemed to have been entitled to the emoluments which he would have enjoyed at such earlier date had he continued in his former employment. PART III RESETTLEMENT COMPENSATION Resettlement compensation for loss of employment 6 The compensating authority shall, subject to the provisions of these Regulations, pay resettlement compensation to any person to whom these Regulations apply and who satisfies the conditions set out in regulation 7. Conditions for payment of resettlement compensation 7 1 Without prejudice to any other requirement of these Regulations, the conditions for the payment of resettlement compensation to any person are that — a he has suffered loss of employment attributable to any of the matters referred to in regulation 4 on or after 30th June 1971 but not later than ten years after the material date; b he had not at the date of the loss attained normal retiring age; c he had been for a period beginning on the date three years immediately before the material date and ending on the date when the loss of employment occurred continuously engaged (disregarding breaks not exceeding in the aggregate six months) for the whole or part of his time in relevant employment; and for this purpose the expression “ relevant employment ” includes any period of national service immediately following such employment ; d he has made a claim for such compensation in accordance with the provisions of Part VII of these Regulations not later than thirteen weeks after the loss of employment which is the cause of his claim, or thirteen weeks after the coming into operation of these Regulations, whichever is the later, or within such longer period as the compensating authority may allow in any particular case where they are satisfied that the delay in making the claim was due to ill-health or other circumstances beyond the claimant's control; e the loss of employment which is the cause of his claim has occurred for some reason other than misconduct or incapacity to perform such duties as, immediately before the loss, he was performing or might reasonably have been required to perform; and f he has not, subject to paragraph (3), been offered any reasonably comparable employment under the Crown or in the service of a local authority. 2 In ascertaining for the purposes of this regulation whether a person has been offered employment which is reasonably comparable with the employment which he has lost, no account shall be taken of the fact that the duties of the employment offered are in relation to a different service from that in connection with which his employment was held or are duties which involve a transfer of his employment from one place to another within England and Wales. 3 No account shall be taken for the purposes of this regulation of an offer of employment where the compensating authority is satisfied — a that acceptance would have involved undue hardship to the person, or b that he was prevented from accepting the offer by reason of ill-health or other circumstances beyond his control. Amount of resettlement compensation 8 1 The amount of resettlement compensation which may be paid to a person shall, for each week for which such compensation is payable, be a sum ascertained by taking two-thirds of the weekly rate of the net emoluments which that person has lost and deducting therefrom, in addition to the items mentioned in regulation 33(3) and (4), such of the following items as may be applicable — a unemployment, sickness or injury benefit under any Act relating to National Insurance claimable by him in respect of such week (excluding any amount claimable by him in respect of a dependant); and b two-thirds of the net emoluments received by him in respect of such week from work or employment undertaken as a result of the loss of employment. 2 For the purposes of this regulation the weekly rate of a person's net emoluments shall be deemed to be seven three hundred and sixty-fifths of those emoluments. Period for payment of resettlement compensation 9 Subject to the provisions of these Regulations, resettlement compensation shall be payable to a person only in respect of the period of thirteen weeks next succeeding the week in which he lost the employment in respect of which his claim has been made or, in the case of a person who has attained the age of forty-five years, the said thirteen weeks and one additional week for every year of his age after attaining the age of forty-five years and before the date of the loss of employment, subject to a maximum addition of thirteen such weeks. Additional provisions relating to resettlement compensation 10 1 Resettlement compensation shall be payable to a person at intervals equivalent to those at which the emoluments of his employment were previously paid or at such other intervals as may be agreed between the person and the compensating authority. 2 Resettlement compensation shall be terminated by the compensating authority — a if without reasonable cause the recipient fails to comply with any of the provisions of regulation 11, or b if on being requested to do so, he fails to satisfy the compensating authority that, so far as he is able, he is seeking suitable employment. Claimant for resettlement compensation to funish particulars of employment 11 Every person claiming or in receipt of resettlement compensation shall (after as well as before the compensation begins to be paid) — a forthwith supply the compensating authority in writing with particulars of any employment which he obtains or of any change in his earnings from any such employment, and b if the compensating authority so require, so long as he is out of employment and is not receiving sickness or injury benefit, register with the Department of Employment. PART IV LONG-TERM COMPENSATION Long-term compensation for loss of employment or loss or diminution of emoluments 12 The compensating authority shall, subject to the provisions of these Regulations, pay long-term compensation to any person to whom these Regulations apply and who satisfies the conditions set out in regulation 13. Conditions for payments of long-term compensation 13 1 Without prejudice to any other requirement of these Regulations, the conditions for the payment of long-term compensation to any person are that — a he has suffered loss of employment or loss or diminution of emoluments attributable to any of the matters referred to in regulation 4 on or after 30th June 1971, but not later than ten years after the material date; b he had not, save as is provided in regulation 29, at the date of the loss or diminution attained normal retiring age; c he had been for a period beginning on a date not less than eight years immediately before the material date and ending on the date when the loss or diminution occurred continuously engaged (without a break of more than twelve months at any one time) for the whole or part of his time in relevant employment; and for this purpose the expression “ relevant employment ” includes any period of national service immediately following such employment ; d he has made a claim for such compensation in accordance with the provisions of Part VII of these Regulations not later than two years after the loss or diminution which is the cause of the claim or two years after the coming into operation of these Regulations whichever is the later; and e if the cause of the claim for compensation is loss of employment — i the loss has occurred for some reason other than misconduct or incapacity to perform such duties as, immediately before the loss, he was performing or might reasonably have been required to perform; and ii he has not been offered any reasonably comparable employment under the Crown or in the service of a local authority. 2 Regulation 7(2) and (3) (which relate to offers of employment) shall apply for the purposes of this regulation in ascertaining whether a person has been offered reasonably comparable employment. 3 Claims for long-term compensation for loss of employment shall in all respects be treated as claims for such compensation for the loss of emoluments occasioned thereby and the provisions of these Regulations shall apply to all such claims accordingly. Factors to be considered in determining payment of long-term compensation 14 1 For the purpose of determining the amount (subject to the limits set out in these Regulations) of long-term compensation, if any, payable under these Regulations to any person for loss or diminution of emoluments, the compensating authority shall have regard to such of the following factors as may be relevant, that is to say — a the conditions upon which the person held the employment which he has lost, including in particular its security of tenure, whether by law or practice; b the emoluments and other conditions, including security of tenure, whether by law or practice, of any work or employment undertaken by the person as a result of the loss of employment; c the extent to which he has sought suitable employment and the emoluments which he might have acquired by accepting other suitable employment offered to him; d all the other circumstances of his case. 2 In ascertaining for the purposes of paragraph (1)( c ) whether a person has been offered suitable employment, regulation 7(2) and (3) shall apply as they apply for the purpose of ascertaining whether employment is reasonably comparable with employment which has been lost. Amount of long-term compensation payable for loss of emoluments 15 1 Long-term compensation for loss of emoluments shall, subject to the provisions of these Regulations, be payable until the normal retiring age or death of a person to whom it is payable, whichever first occurs, and shall not exceed a maximum annual sum calculated in accordance with the provisions of paragraphs (2) to (4) 2 The said maximum annual sum shall, subject as hereinafter provided, be the aggregate of the following sums, namely — a for every year of the person's reckonable service, one sixtieth of the net emoluments which he has lost; and b in the case of a person who has attained the age of forty years at the date of the loss, a sum calculated in accordance with the provisions of paragraph (3) appropriate to his age at that date, but the said maximum annual sum shall in no case exceed two-thirds of the net emoluments which the person has lost. 3 The sum referred to in paragraph (2)( b ) shall be — a in the case of a person who has attained the age of forty years but has not attained the age of fifty years at the date of the loss, the following fraction of the net emoluments which he has lost — i where his reckonable service is less than ten years, one sixtieth for each year of such service, after attaining the age of forty years; or ii where his reckonable service amounts to ten years but is less than fifteen years, one sixtieth for each year of such service after attaining the age of forty years and one additional sixtieth; or iii where his reckonable service amounts to fifteen years but is less than twenty years, one sixtieth for each year of such service after attaining the age of forty years and two additional sixtieths; or iv where his reckonable service amounts to twenty years or more, one sixtieth for each year of such service after attaining the age of forty years and three additional sixtieths; but the sum so calculated shall not in any case exceed one sixth of the said net emoluments; b in the case of a person who has attained the age of fifty years but has not attained the age of sixty years at the date of the loss, one sixtieth of the said net emoluments for each year of his reckonable service after attaining the age of forty years, up to a maximum of fifteen such years; and c in the case of a person who has attained the age of sixty years at the date of the loss, one sixtieth of the said net emoluments for each year of his reckonable service after attaining the age of forty-five years. 4 Where a person has become entitled (whether immediately or prospectively on attaining some greater age) to a superannuation benefit by way of annual amounts under a pension scheme associated with the employment which he has lost, the maximum annual sum referred to in paragraph (1) shall be the maximum sum calculated under paragraphs (2) and (3) as if he had not become so entitled. 5 Where long-term compensation is payable in respect of any period and resettlement compensation is also payable in respect of that period, the long-term compensation shall be limited to the amount (if any) by which it exceeds the resettlement compensation payable as aforesaid. 6 Long-term compensation shall be payable to a person at intervals equivalent to those at which the emoluments of his employment were previously paid or at such other intervals as may be agreed between the person and the compensating authority. Long-term compensation for diminution of emoluments 16 Long-term compensation for diminution of emoluments in respect of any employment shall, subject to the provisions of these Regulations, be awarded and paid in accordance with the following provisions: — a the compensation shall consist of an annual sum which shall be payable to a person at intervals equivalent to those at which the emoluments of his employment are or were previously paid or at such other intervals as may be agreed between the person and the compensating authority, and shall, subject to the provisions of these Regulations, be payable until normal retiring age or death, whichever first occurs; and b the said annual sum shall not exceed the maximum annual sum which could have been awarded under regulation 15 if the person had suffered loss of employment and the loss of emoluments occasioned thereby had been equivalent to the amount of the diminution: Provided that no compensation shall be payable if the emoluments have been diminished by less than 2½ per cent. Date from which long-term compensation is to be payable 17 1 Long-term compensation shall be payable with effect from the date of the claim or from any earlier date permitted by the succeeding provisions of this regulation. 2 Where a claim for long-term compensation is duly made within thirteen weeks of the occurrence of the loss or diminution which is the cause of the claim, the award shall be made retrospective to the date on which the loss or diminution occurred. 3 Where a claim for long-term compensation is made after the expiry of the period mentioned in paragraph (2), the award may, at the discretion of the compensating authority, be made retrospective to a date not earlier than thirteen weeks prior to the date on which the claim was made: Provided that if the compensating authority are satisfied that the failure to make the claim within the period mentioned in paragraph (2) was due to ill-health or other circumstances beyond the claimant's control, the award may be made retrospective to a date not earlier than that on which the loss or diminution occurred. PART V RETIREMENT COMPENSATION AND PAYMENTS ON DEATH Entitlement to retirement compensation and other payments 18 1 The compensating authority shall, subject to the provisions of these Regulations, pay retirement compensation to any person to whom this part of these Regulations applies, and shall make the other payments for which provision is made in regulations 26 to 30. 2 Save as is provided in regulation 29, this Part of these Regulations applies to a pensionable officer who satisfies the conditions set out in regulation 13. 3 Regulation 14 shall apply in relation to retirement compensation and payments under Part V as it applies in relation to compensation under Part IV. Additional factors governing payment of retirement compensation 19 1 Where retirement compensation is payable under any one of regulations 20, 21, 22 and 23, such compensation shall not be payable under any other of those regulations. 2 If a person has attained the age of forty years at the date on which he lost his employment or suffered a diminution of his emoluments, the compensating authority, in calculating the amount of the retirement compensation payable to him, shall credit him with additional years of service or an additional period of contribution on the following basis, namely — a two years, whether or not he has completed any years of service after attaining the age of forty years, and b two years for each of the first four completed years of his reckonable service between the date when he attained the age of forty years and the date of the loss or diminution, and c one year for each such year of service after the fourth, but the additional years of service or period of contribution so credited shall not exceed the shortest of the following periods, namely — i such number of years as, when added to his pensionable service, would amount to the maximum period of such service which would have been reckonable by him had he continued in his employment until attaining normal retiring age, or ii the number of years of his reckonable service, or iii fifteen years; and in calculating the amount of any retirement compensation payable to him any period so added shall be aggregated with any years of service or period of contribution entailing reduction of the relevant pension or retiring allowance because of a retirement pension payable under section 30 of the National Insurance Act 1965. 3 When retirement compensation is awarded, or when an award is reviewed under regulation 35, the additional compensation payable in consequence of any years of service or period of contribution credited to a person under paragraph (2) may be reduced or withheld to such extent as the compensating authority may think reasonable having regard to the pension scheme (if any) associated with any further employment obtained by him. 4 If under his last relevant pension scheme the amount of any benefit to which a person might have become entitled could have been increased at the discretion of the authority administering the pension scheme or of any other body, the compensating authority may increase, to an extent not exceeding that to which his accrued pension, accrued retiring allowance, accrued incapacity pension or accrued incapacity retiring allowance might have been increased or supplemented, the corresponding component of any retirement compensation payable to him; and in this connection the compensating authority shall have regard to the terms of any relevant resolutions of the authority or body with regard to the increase of benefits and to the provisions of any enactment protecting the interests of that person. 5 If under his last relevant pension scheme a person would have been entitled to surrender a proportion of any pension which might have become payable to him in favour of his spouse or any dependant, then, if he so desires and informs the compensating authority by notice in writing accordingly within one month after becoming entitled to retirement compensation under these Regulations, he may surrender a proportion of so much of the said compensation as is payable by way of an annual sum on the like terms and conditions and in consideration of the like payments by the compensating authority as if the said annual sum were a pension to which he had become entitled under the said pension scheme. 6 In calculating for the purposes of regulation 20, 21 or 22 the amount of the annual sum which is equal to a person's accrued pension, no account shall be taken of any reduction falling to be made in that pension by reason of the provisions of any Act relating to National Insurance until the person reaches the age at which under his last relevant pension scheme the pension would have been so reduced. 7 In paragraph (2) the expression “ reckonable service ” includes any period of employment of which account has been taken or is required to be taken in calculating the amount of any superannuation benefit to which a person has become entitled under a pension scheme associated with the employment which he has lost or, as the case may be, the employment in which his emoluments were diminished . Retirement compensation for loss of emoluments payable to pensionable officer on attainment of normal retiring age 20 1 Subject to the provisions of these Regulations, when a person to whom this part of these Regulations applies reaches normal retiring age, the retirement compensation payable to him for loss of emoluments shall be — a an annual sum equal to the amount of his accrued pension, and b a lump sum equal to the amount of his accrued retiring allowance (if any). 2 Where an annual sum is payable under this regulation in respect of any period and resettlement compensation is also payable in respect of that period, the said annual sum shall be limited to the amount (if any) by which it exceeds the resettlement compensation so payable as aforesaid. 3 No compensation shall be payable under this regulation if the person had continued to pay superannuation contributions as if he had suffered no loss of emoluments. Retirement compensation payable to pensionable officer on his becoming incapacitated or reaching minimum pensionable age 21 1 Where a person to whom this part of these Regulations applies and who has suffered loss of employment before attaining what would have been his normal retiring age — a becomes incapacitated in circumstances in which, if he had continued in the employment which he has lost, he would have become entitled to a pension under his last relevant pension scheme; or b attains the age which, had he continued to serve in the employment which he has lost, would have been his minimum pensionable age, he shall be entitled on the happening of either event to claim, in lieu of any compensation to which he would otherwise be entitled under these Regulations — i in the case mentioned in head ( a ) of this paragraph, an annual sum equal to the amount of his accrued incapacity pension and a lump sum equal to the amount of his accrued incapacity retiring allowance (if any), and ii in the case mentioned in head ( b ) of this paragraph, an annual sum equal to the amount of his accrued pension and a lump sum equal to the amount of his accrued retiring allowance (if any), subject, however, to the conditions specified in paragraph (5). 2 On receipt of a claim under paragraph (1) the compensating authority shall consider whether the claimant is a person to whom that paragraph applies, and within thirteen weeks after the date of the receipt of the claim — a if they are satisfied that he is not such a person, they shall notify him in writing accordingly; or b if they are satisfied that he is such a person, they shall assess the amount of compensation payable to him and notify him in writing accordingly, and any such notification shall, for the purposes of these Regulations, be deemed to be notification by the authority of a decision on a claim for compensation. 3 A compensating authority may require any person who makes a claim under paragraph (1)( a ) to submit himself to a medical examination by a registered medical practitioner selected by that authority, and if they do so, they shall also offer the person an opportunity of submitting a report from his own medical adviser as a result of an examination by him, and the authority shall take that report into consideration together with the report of the medical practitioner selected by them. 4 If a person wishes to receive compensation under this regulation, he shall so inform the compensating authority in writing within one month from the receipt of a notification under paragraph (2) or, where the claim has been the subject of an appeal, from the decision of the tribunal thereon; and the compensation shall be payable as from the date on which the compensating authority received the claim. 5 The calculation of compensation under this regulation shall be subject to the following conditions — a where the compensating authority, by virtue of regulation 19, have credited the person with additional years of service or an additional period of contribution, no account shall be taken of any additional years or period beyond the number of years which he could have served, had he not lost his employment, before the date on which the claim was received by the compensating authority; and b if, by reason of any provision of the relevant pension scheme for a minimum benefit, the amount of any such pension or retiring allowance is in excess of that attributable to the person's actual service, no account shall be taken of any such additional years or period except to the extent (if any) by which they exceed the number of years represented by the difference between his actual service and the period by reference to which the minimum benefit has been calculated; and c if the number of years by reference to which an accrued incapacity pension or accrued incapacity retiring allowance is to be calculated is less than any minimum number of years of qualifying service prescribed by the relevant pension scheme, the amount of such pension or retiring allowance shall, notwithstanding any minimum benefit prescribed by the pension scheme, not exceed such proportion of such minimum benefit as the number of years of pensionable service bears to the minimum number of years of qualifying service. Option to take retirement compensation prematurely 22 1 If a person to whom this Part of these Regulations applies has suffered loss of employment after attaining the age of fifty years and so requests the compensating authority by notice in writing, he shall be entitled, as from the date on which the compensating authority received such notice, to an annual sum equal to the amount of his accrued pension and a lump sum equal to the amount of his accrued retiring allowance (if any), and in that event he shall not be entitled to receive any further payment of long-term compensation after that date: Provided that — i in calculating the amount of the compensation payable to a person who has given such notice as aforesaid no account shall be taken of any additional years of service or period of contribution credited to him under regulation 19; and ii where the person has claimed long-term compensation the said notice shall be given not later than two years after the decision on the claim or, where the decision has been reviewed under regulation 35(3), not later than two years after the review, or if there has been more than one such review, after the latest. 2 Regulation 21(2) shall apply in relation to a notice given under the last foregoing paragraph as it applies to a claim under paragraph (1) of that regulation. 3 Where an annual sum is payable under this regulation in respect of any period and resettlement compensation is also payable in respect of that period, the said annual sum shall be limited to the amount (if any) by which it exceeds the resettlement compensation payable as aforesaid. Retirement compensation for diminution of emoluments 23 1 A person to whom this Part of these Regulations applies and who has suffered a diminution of his emoluments shall be entitled to receive retirement compensation in accordance with the provisions of this regulation. 2 The provisions of regulations 20 and 21 shall apply to any such person as if he had suffered loss of employment immediately before the diminution occurred; but the amount of the retirement compensation payable shall be the amount which would have been payable in respect of loss of employment multiplied by a fraction of which — a the numerator is the amount by which his emoluments have been diminished, and b the denominator is the amount of his emoluments immediately before they were diminished. For the purposes of this calculation no account shall be taken of any reduction which might otherwise fall to be made in the accrued pension or accrued incapacity pension because of a retirement pension payable under section 30 of the National Insurance Act 1965. 3 No compensation shall be payable under this regulation — a if the person's emoluments have been diminished by less than 2½ per cent; or b if the person had continued to pay superannuation contributions as if his emoluments had not been diminished. Superannuation contributions 24 1 A person entitled to retirement compensation under regulation 20, 21 or 22 shall pay to the compensating authority an amount equal to any sum which was paid to him by way of return of superannuation contributions, including any interest, after ceasing to be employed, and the compensating authority may at his request repay that amount to him at any time before he becomes entitled as aforesaid, but if that amount is not paid to the compensating authority, or is repaid by it to the person, the compensation shall be reduced by an annual amount the capital value of which is equal to the amount of the said superannuation contributions. 2 For the purposes of this regulation the expression “ superannuation contributions ” shall include payments made by the person in respect of added years and any additional contributory payments made by him . Retirement compensation of a person who obtains further pensionable employment 25 1 Where a person to whom this Part of these Regulations applies, after suffering loss of employment or diminution of emoluments, enters employment in which he is subject to a pension scheme and thereafter becomes entitled to reckon for the purposes of that scheme any service or period of contribution which falls to be taken into account for the purpose of assessing the amount of any retirement compensation payable to him, his entitlement to retirement compensation shall be reviewed and no retirement compensation shall be payable in respect of such service or period unless the annual rate of the emoluments to which he was entitled immediately before such loss or diminution exceeds the annual rate on entry of the emoluments of the new employment by more than 2½ per cent; of such first mentioned emoluments, and any retirement compensation so payable to him shall, in so far as it is calculated by reference to remuneration, be calculated by reference to the difference between the said annual rates: Provided that — i if on entering the new employment a person — a becomes a contributory employee or local Act contributor, and b becomes entitled to reckon as non-contributing service, or as service at half-length for purposes of a local Act scheme, any service or period of contribution which immediately before the loss of employment or the diminution of emoluments was reckonable as contributing service or a period of contribution. one-half of that service or period shall not be subject to the provisions of this paragraph; ii this paragraph shall not operate to increase the amount of any retirement compensation payable in respect of diminution of emoluments beyond the amount which would have been payable if the person had attained normal retiring age immediately before he ceased to hold the employment in which he suffered the diminution of emoluments. 2 No retirement compensation shall be payable in the circumstances mentioned in paragraph (1) if the person has continued to pay superannuation contributions as if his emoluments had not been diminished. Compensation payable to widow or dependants of a claimant 26 1 Payments in accordance with this regulation and regulations 27 and 28 shall be made to or for the benefit of the widow, child or other dependant or to the personal representatives of a person to whom this Part of these Regulations applies or, as the case may be, to trustees empowered by such a person to stand possessed of any benefit under his last relevant pension scheme. 2 If the widow, child or other dependant of that person might have become entitled but for the loss of his employment to a pension under his last relevant pension scheme, the widow, child or other dependant, as the case may be, shall be entitled to receive — a where the pension scheme provides for a prescribed proportion, an annual sum equal to the prescribed proportion of any retirement compensation by way of annual amounts payable to the person under regulation 20, 21 or 22 immediately before his death or, if he dies before becoming entitled to receive compensation under any of those regulations, the prescribed proportion of the compensation by way of annual amounts which he would have received under regulation 21 had he become entitled thereto immediately before his death, and b where the pension scheme does not provide for a prescribed proportion, such an annual sum as is provided by paragraph (3): Provided that — i where any retirement compensation has been surrendered under regulation 19(5) or compounded under regulation 36, any sum payable under sub-paragraph ( a ) shall be calculated as if such surrender or compounding had not taken place, and ii in calculating the sum payable under sub-paragraph ( a ) it shall be assumed that the retirement compensation payable, or which would have been payable, to a person under regulation 20, 21 or 22 had been such sum as would have been payable if the accrued pension or accrued incapacity pension had not been reduced by reason of the provisions of any Act relating to National Insurance. 3 The sum mentioned in paragraph (2)( b ) shall be an annual sum equal to the annual amount of the pension (calculated in the manner specified in paragraph (4)) to which the widow, child or other dependant of the person in question would have become entitled if he had died immediately before the date on which he suffered the loss of employment, having then complied with any requirements of the last relevant pension scheme as to a minimum period of qualifying service or contribution and completed any additional contributory payments or payments in respect of added years which he was then in the course of making. 4 The calculation referred to in paragraph (3) shall be made on the basis of the method prescribed by the last relevant pension scheme of the person in question for the calculation of benefits for a widow, child or other dependant and in so far as the age at which he died is relevant for the purposes of the said calculation, the date on which he died shall be taken to be the actual date of his death, the provisions of paragraph (3) to the contrary notwithstanding. 5 Any annual sum payable to or for the benefit of a widow, child or other dependant under this regulation shall cease to be payable in any circumstances in which a corresponding pension under the last relevant pension scheme would have ceased to be payable; and where that scheme provides for payment of the pension to any person on behalf of a child or other dependant, any annual sum payable under this regulation to a child or other dependant shall be paid to that person on behalf of the child or dependant in the like manner and for the like period as is provided in the pension scheme. 6 Except where the compensation has been reduced under regulation 24, compensation payable under this regulation and regulation 27 shall in the aggregate be reduced by an amount the capital value whereof is equal to the amount of any superannuation contributions as defined in regulation 24(2) returned to the person in respect of whom the compensation is payable and either not paid to the compensating authority or repaid to that person by the compensating authority, the compensation under each such regulation being reduced in proportion to the capital value of each amount. 7 If the person in question suffered a diminution of emoluments, then — a where his last relevant pension scheme provides for a prescribed proportion, the provisions of paragraph (2)( a ) shall apply with the substitution of references to diminution of emoluments for references to loss of employment, and the annual sum payable to a widow, child or other dependant of such a person shall be calculated as if he had suffered loss of employment and as if the loss of emoluments occasioned thereby had been equivalent to the amount of the diminution: Provided that no sum shall be payable under this sub-paragraph — i if the emoluments have been diminished by less than 2½ per cent; or ii if the person had continued to pay superannuation contributions as if his emoluments had not been diminished: and b where the said scheme does not provide for a prescribed proportion, the provisions of paragraph (2)(b) and of regulation 33(4)(a) shall apply with the substitution of references to diminution of emoluments for the references to loss of employment and of a reference to employment in which he has suffered such a diminution for the reference to employment which he has lost: Provided that no sum shall be payable under this sub-paragraph if the sum calculated thereunder amounts to less than 2½ per cent of such sum as would have been payable had the person in question suffered a loss of employment instead of a diminution of emoluments. 8 In this regulation “ prescribed proportion ” means the proportion which, by the provisions contained in the last relevant pension scheme of a person to whom this Part of these Regulations applies, the pension payable to his widow, child or other dependant is to bear to that person's pension . Compensation where death grant would have been payable 27 1 If the widow, the personal representatives of a person to whom this part of these Regulations applies or trustees empowered by such a person to stand possessed of any benefit under his last relevant pension scheme, might have become entitled to a death grant under that scheme, she or they, as the case may be, shall be entitled to receive a sum calculated in accordance with the provision of regulation 26(6) and paragraph (2) of this regulation. 2 The amount of the sum referred to in paragraph (1) shall be ascertained in accordance with the method of calculation prescribed by the last relevant pension scheme for the ascertainment of death grant as if the person had died immediately before losing his employment, subject to the following modifications — a except where the person had been in receipt of retirement compensation under regulation 22, account shall be taken of any additional years of service or period of contribution credited to him under regulation 19(2) — i in the case of a person who had been in receipt of retirement compensation under regulation 21, to the extent of the period between the loss of employment and the date of the claim made under that regulation; and ii in any other case, to the extent of the period between the loss of employment and the person's death; b if the number of years of the person's service or period of contribution is less than the minimum number of years of qualifying service or period prescribed by the pension scheme for the receipt of a death grant, the said sum shall not exceed such proportion of the death grant calculated as aforesaid as the number of years of the person's pensionable service or period of contribution bears to the minimum number of years of qualifying service or period prescribed by the pension scheme; and c there shall be deducted from such sum the amount of any retirement compensation paid to the person under regulation 20, 21 or 22, or where any part of the compensation has been surrendered under regulation 19(5), the amount which would have been so paid but for any such surrender. 3 For the purpose of calculating such death grant, an annual sum payable under either paragraph (2)(a) or paragraph (7)(a) of regulation 26 to or for the benefit of the widow, child or other dependant shall be deemed to be a pension payable to or for the benefit of the widow, child or dependant, as the case may be. 4 This regulation shall apply in the case of a person who has suffered a diminution of emoluments with the substitution of references to diminution of emoluments for references to loss of employment, and the sum payable to the widow, personal representatives or trustees of such a person shall be calculated as if he had lost emoluments equivalent to the amount of the diminution: Provided that no sum shall be payable under this paragraph — i if the emoluments have been diminished by less than 2½ per cent; or ii if the person has continued to pay superannuation contributions as if his emoluments had not been diminished. Balance payable to claimant's widow or personal representatives 28 1 If no annual sum is payable to the widow, child or other dependant of any person under regulation 26(2)(a) or (7)(a) and no sum is payable under regulation 27 and the person dies before he has received in the aggregate by way of retirement compensation a sum equivalent to the amount of any contributions repaid by him under regulation 24, together with compound interest thereon calculated at the rate of 3 per cent per annum with half-yearly rests up to the date of his death as from the 1st April or 1st October following the half-year in which the amount was paid, there shall be paid to his personal representatives the difference between the aggregate amount received by way of retirement compensation as aforesaid and the said equivalent sum. 2 If an annual sum becomes payable to a widow under either paragraph (2)(a) or paragraph (7)(a) of regulation 26 and on her re-marriage or death the sum ceases to be payable, and any sum payable to a child or other dependant under either of those paragraphs has ceased to be payable, and if the aggregate amount of the payments which were made as aforesaid to her husband by way of retirement compensation and to the widow, personal representatives or trustees under regulation 27 is less than a sum equivalent to the amount which would have been payable to the personal representatives under that regulation if no annual sum had been payable under either of the said paragraph (2)( a ) or (7)( a ), there shall be paid to her or her personal representatives the difference between such aggregate amount and the said equivalent sum. 3 For the purposes of this regulation a person who has surrendered any part of his retirement compensation under regulation 19(5) shall be deemed to have received during any period the amount of compensation for that period which he would have received but for any such surrender. Compensation payable to non-pensionable officer on reaching retiring age 29 1 Where a person who is not a pensionable officer is receiving long-term compensation for loss of employment and attains normal retiring age, the compensating authority may, if satisfied that the person would, but for the loss, have continued in the employment he has lost for a substantial period beyond that age, continue to pay compensation to him for the remainder of his life at half its former rate. 2 Where a person who is not a pensionable officer suffers loss of employment on or after attaining normal retiring age, the compensating authority may, if satisfied that the person would in the normal course have continued in the employment he has lost for a further substantial period, pay compensation to him for the remainder of his life at half the rate to which he would have been entitled under regulation 15 had he not attained normal retiring age at the date on which he lost his employment. Persons subject to policy schemes 30 1 Regulations 20, 21, 22, 23 and 27 shall not apply to a person (in this regulation referred to as a “ policy scheme participant ”) who had been participating in a scheme associated with his employment for providing superannuation benefits by means of contracts or policies of insurance, and who, after the loss of his employment or the diminution of his emoluments, continued to participate in that scheme, or became entitled to a benefit or prospective benefit thereunder other than a return of contributions . 2 If a policy scheme participant has lost his employment, the compensating authority may, if the relevant scheme so permits, make such payments to or in respect of him, whether by way of the payment of premiums or otherwise, as are actuarially equivalent to the amounts by which his retirement compensation might have been increased under regulation 19(2) or (4) had he been a person to whom regulation 20, 21 or 22 applied. 3 If a policy scheme participant has suffered a diminution of his emoluments, the compensating authority may, if the relevant scheme so permits, make such payments to or in respect of him, whether by way of the payment of premiums or otherwise, as will secure to him the like benefits as if his emoluments had not been diminished. 4 If a policy scheme participant becomes entitled to a benefit under such a scheme as is mentioned in paragraph (1) before reaching normal retiring age, the compensating authority may reduce any long-term compensation payable to him by the amount of such benefit. Intervals for payment of compensation under Part V 31 Any compensation awarded as an annual sum under this Part of these Regulations to or in respect of any person shall be payable at intervals equivalent to those at which the corresponding benefit would have been payable under the person's last relevant pension scheme or at such other intervals as may be agreed between the person entitled to receive the compensation and the compensating authority. PART VI ADJUSTMENT, REVIEW AND COMPOUNDING OF COMPENSATION Adjustment of compensation where superannuation benefit is also payable 32 1 Where any period of service of which account was taken in calculating the amount of any compensation payable under Part IV or V of these Regulations is subsequently taken into account for the purpose of calculating the amount of any superannuation benefit payable to or in respect of any person in accordance with a pension scheme associated with any employment undertaken subsequent to the loss of employment or diminution of emoluments which was the subject of the claim for compensation, the compensating authority may in accordance with this regulation withhold or reduce the compensation payable. 2 If the part of any superannuation benefit which is attributable to a period of service mentioned in paragraph (1) equals or exceeds the part of any compensation which is attributable to the same period, that part of the compensation may be withheld, or if such part of the superannuation benefit is less than such part of the compensation, the compensation may be reduced by an amount not exceeding such part of the superannuation benefit. 3 In the case of a death benefit payable in respect of any person, the sum payable under regulation 27 may be reduced by an amount not greater than the proportion of the death benefit which the period of service mentioned in paragraph (1) bears to the total period of service of which account was taken in the calculation of the death benefit. 4 In addition to any reduction authorised by paragraph (2) or (3), if, in the circumstances mentioned in paragraph (1), compensation is attributable in part to any provision of the relevant pension scheme for a minimum benefit, the compensation may be reduced by an amount not exceeding that part. 5 Where any additional years of service or period of contribution have been credited to a person under regulation 19(2), if the number of such years or such period is equal to or less than the period spent in the subsequent employment mentioned in paragraph (1), the compensation may be reduced (in addition to any other reduction authorised by this regulation) by an amount not exceeding that attributable to the additional years or period so credited or, if the number of such years or such period is greater than the period spent in the subsequent employment, by such proportion of that amount as the period spent in the subsequent employment, bears to the number of additional years or the period so credited. 6 Where compensation has been calculated in accordance with regulation 25, the provisions of this regulation shall only apply — a in relation to such part (if any) of the superannuation benefit as is attributable to annual emoluments in excess of those to which the person was entitled on entering the new employment referred to in regulation 25, and b in relation to any non-contributing service which becomes reckonable as contributing service pursuant to section 2 of the Local Government Superannuation Act 1953. 7 Where compensation is payable in respect of diminution of emoluments, the provisions of this regulation shall apply only in relation to such part (if any) of the superannuation benefit as is attributable to annual emoluments in excess of those to which the person was entitled immediately prior to the diminution. Reduction of compensation in certain cases 33 1 If under a person's last relevant pension scheme any benefit for which the scheme provided would have been subject to reduction or suspension on his taking up other specified employment, any retirement compensation to which he is entitled for loss of employment or diminution of emoluments shall, where such employment is taken up, be reduced or suspended in the like manner and to the like extent: Provided that in calculating the amount of the reduction there shall be aggregated with the emoluments of the employment taken up the amount of any superannuation benefit by way of annual amounts payable to the person under a pension scheme associated with the employment which he has lost or, as the case may be, the employment in which the emoluments were diminished. 2 There shall be deducted from the retirement compensation payable to any person any additional contributory payments remaining unpaid at the date when he suffered loss of employment; and any such payments not recovered at the date of his death shall be deducted from any compensation payable in respect of that person under regulation 26, 27 or 28(2). 3 Where a person is entitled to compensation under these Regulations and the circumstances are such that he is also entitled to — a a redundancy payment under the Redundancy Payment Act 1965, or b any similar payment in consequence of the loss of his employment under any contract or arrangement with the authority by whom he was employed (other than payments by way of a return of contributions under a pension scheme), or c any payment under or by virtue of the provisions of any enactment relating to the reinstatement in civil employment of persons who have been in the service of the Crown, the compensation which would, apart from this paragraph, become due to the person, whether by instalments or lump sum or both, shall in the aggregate be reduced by the amount of the payments referred to in this paragraph. 4 Where compensation under these Regulations is payable to or in respect of any person, and that person or his widow, child or other dependant or his personal representatives or trustees such as are mentioned in regulation 27(1) is or are also entitled (whether immediately or on the person's attaining some greater age) to a superannuation benefit under a pension scheme associated with the employment which he has lost — a any instalment of such compensation which is payable in respect of any period shall be reduced by the amount of the instalment of such superannuation benefit which is payable in respect of the same period; and b any such compensation which is payable as a lump sum shall be reduced by the amount of any lump sum superannuation benefit. 5 For the purposes of paragraph (4) no account shall be taken of any sum payable in consequence of the surrender by any person of part of his superannuation benefit under any provision in that behalf in the relevant pension scheme with a view to obtaining or increasing allowances for his widow, child or other dependant; and the person shall be deemed to have received during any period the amount of superannuation benefit which he would have received but for any such surrender. 6 Where in any week a person is entitled to long-term compensation for loss or diminution of emoluments and is also entitled to unemployment, sickness or injury benefit under any Act relating to National Insurance, other than a benefit claimable by him in respect of a dependant, there shall be deducted from the long-term compensation payable for that week a sum equal to the amount by which the aggregate of such National Insurance benefits claimable in respect of that week and the weekly rate at which the long-term compensation would be payable but for this regulation exceeds two-thirds of the weekly rate of the net emoluments of the employment which he has lost or in which the emoluments have been diminished: Provided that this paragraph shall not apply in relation to any such sickness or injury benefit in so far as — a an equivalent sum is deducted from the emoluments of his current employment, and b such deduction from those emoluments has not occasioned an increase in his long-term compensation. 7 In paragraph (6) the expression “ weekly rate ” means seven three hundred and sixty-fifths of the relevant annual rate . Notification of change of circumstances 34 Where — a a pensionable officer after suffering loss of employment or diminution of emoluments enters any employment referred to in regulation 25 or becomes entitled to any superannuation benefit on ceasing to hold such employment, or b a person entitled to long-term compensation enters employment the remuneration whereof is payable out of public funds, or ceases to hold such employment, or receives any increase in his remuneration in such employment, or c a person entitled to retirement compensation enters employment in which the compensation is subject to reduction or suspension under regulation 33, or ceases to hold such employment, or receives any increase in his remuneration in such employment, or d a person entitled to long-term compensation starts to receive any benefit, any increase in benefit or any further benefit, under any Act relating to National Insurance. he shall forthwith inform the compensating authority in writing of that fact. Review of awards of long-term or retirement compensation 35 1 The compensating authority shall, within a period of two years after the date on which any decision on a claim for long-term or retirement compensation for loss of employment (other than compensation payable under regulation 22) is notified to a claimant under regulation 37, or within such longer period as is specified in the subsequent provisions of this regulation, and at intervals of not more than six months, review its decision or, where the claim has been the subject of an appeal, the decision of the tribunal, and these Regulations shall apply in relation to any such review as they apply in relation to the initial determination of the claim; and on such review, in the light of any material change in the circumstances of the case, compensation may be awarded, or compensation previously awarded may be increased, reduced or discontinued, subject to the limits set out in these Regulations. 2 The person to whom the decision relates may require the compensating authority to carry out the review mentioned in paragraph (1) at any time within the period of two years mentioned in that paragraph if he considers that there has been a change in the circumstances of his case which is material for the purposes of these Regulations. 3 The compensating authority shall carry out a review in accordance with paragraph (1), notwithstanding the expiration of the period mentioned in that paragraph, if — a the emoluments of employment or work undertaken as a result of the loss of employment had been taken into account in determining the amount of any compensation awarded, and b such employment or work has been lost or the emoluments thereof reduced, otherwise than by reason of misconduct or incapacity to perform such duties as the person might reasonably have been required to perform, and c the compensating authority is satisfied that such loss or reduction is causing him hardship, and where any decision is so reviewed, the decision shall be subject to further review in accordance with paragraph (1) as if the review carried out under this paragraph had been the initial determination of the claim. 4 Paragraphs (1) and (2) shall apply in relation to any decision on a claim for long-term or retirement compensation in respect of diminution of emoluments as they apply in relation to any decision mentioned in the said paragraph (1): Provided that — i where the person to whom the decision relates ceases to hold the employment in which his emoluments were diminished, a review shall be held within three months after that date, but no further review shall be held after the expiry of that period, and ii while that person continues to hold that employment, there shall be no limit to the period within which a review may take place. 5 Notwithstanding anything contained in the foregoing provisions of this regulation, the compensating authority shall review a decision, whether of the authority or the tribunal, on a claim for long-term compensation for loss of employment or diminution of emoluments after the expiration of any period within which a review is required to be made if at any time — a the person to whom the decision relates becomes engaged in employment (hereinafter referred to as “ his current employment ”) the remuneration whereof is payable out of public funds and which he has undertaken subsequent to the loss or diminution , and b the aggregate of the net emoluments of his current employment, any superannuation benefit by way of annual amounts payable to him in respect of the employment which he has lost or the employment in which his emoluments have been diminished and the long-term compensation payable to him exceeds the net emoluments of the employment which he has lost or, as the case may be, in which the emoluments have been diminished. 6 The compensating authority shall further review any decision reviewed under paragraph (5) whenever the net emoluments of the person's current employment are increased. 7 If on any review under paragraph (5) or (6) the compensation is reduced it shall not be reduced below the amount by which the net emoluments of the person's current employment, together with any superannuation benefit by way of annual amounts payable to him in respect of the employment which he has lost or the employment in which his emoluments have been diminished, falls short of the net emoluments of the employment which he has lost, or, as the case may be, in which the emoluments have been diminished. 8 The compensating authority shall give to a person to whom a decision relates not less than fourteen days' notice of any review of that decision to be carried out under this regulation unless the review is carried out at his request. 9 Nothing in this regulation shall preclude the making of any adjustment of compensation required by regulation 32 or 33. Compounding of awards 36 1 In a case where an annual sum which has been or might be awarded under these Regulations does not exceed £35, the compensating authority may, at its discretion, compound its liability in respect thereof by paying a lump sum equivalent to the capital value of the annual sum and, if any lump sum payment has been awarded or might be awarded in addition to such sum under regulation 20, 21 22 or 23, the compensating authority may likewise discharge its liability in respect thereof by an immediate payment. 2 In any other case, if the person who has been awarded long-term or retirement compensation requests it to do so, the compensating authority may, after having regard to the state of health of that person and the other circumstances of the case, compound up to one quarter of its liability to make payments under the award (other than payments to a widow, child or other dependant under regulation 26) by the payment of an equivalent amount as a lump sum or, where any compensation has been awarded as a lump sum by increasing that compensation to such equivalent amount; and in calculating for this purpose the liability of the authority to make such payments, account shall be taken of the annual value of lump sum payments of compensation. 3 The making of a composition under paragraph (2) in relation to an award of long-term or retirement compensation shall not prevent the subsequent making of a composition under paragraph (1) in relation to that award but, subject as aforesaid, not more than one composition may be made in relation to any award. PART VII PROCEDURE AND MISCELLANEOUS Procedure on making claims 37 1 Every claim for compensation under these Regulations and every request for a review of an award of long-term or retirement compensation shall be made in accordance with this regulation. 2 Every such claim or request shall be made to the compensating authority in a form approved by that authority and shall state whether any other claim for compensation has been made by the claimant under these Regulations. 3 Resettlement compensation shall be claimed separately from any other form of compensation claimable under these Regulations. 4 The compensating authority shall consider any such claim or request in accordance with the relevant provisions of these Regulations and shall notify the person making the claim or request in writing of its decision — a in the case of a claim for resettlement compensation, not later than one month after the receipt of the claim, and b in the case of a claim for, or request for the review of an award of, compensation under part IV or V of these Regulations, not later than thirteen weeks after the receipt of the claim or request, and c in any other case, as soon as possible after the decision; but the decision of the compensating authority shall not be invalidated by reason of the fact that notice of the decision is given after the expiry of the period mentioned in this paragraph. 5 Every notification of a decision by the compensating authority (whether granting or refusing compensation or reviewing an award, or otherwise affecting any compensation under these Regulations) shall contain a statement — a giving reasons for the decision; b showing how any compensation has been calculated and, in particular, if the amount is less than the maximum which could have been awarded under these Regulations, showing the factors taken into account in awarding that amount; and c directing the attention of the claimant to his right under regulation 43, if he is aggrieved by the decision, to institute proceedings before a tribunal and giving him the address to which the application instituting such proceedings should be sent. Claimants to furnish information 38 1 Any person claiming or receiving compensation or whose award of compensation is being reviewed shall furnish all such information as the compensating authority may at any time reasonably require; and he shall verify the same in such manner, including the production of books or of original documents in his possession or control, as may be reasonably so required. 2 Any such person shall, on receipt of reasonable notice, present himself for interview at such place as the compensating authority may reasonably require; any any person who attends for interview may, if he so desires, be represented by his adviser. Procedure on death of claimant 39 1 In the event of the death of a claimant or of a person who, if he had survived, could have been a claimant, a claim for compensation under these Regulations may be continued or made, as the case may be, by his personal representatives. 2 Where any such claim is continued or made as aforesaid by personal representatives, the personal representatives shall, as respects any steps to be taken or thing to be done by them in order to continue to make the claim, be deemed for the purposes of these Regulations to be the person entitled to claim, but, save as aforesaid, the person in whose right they continue or make the claim shall be deemed for the purposes of these Regulations to be such person, and the relevant provisions of these Regulations shall be construed accordingly: Provided that the compensating authority may in any such case extent the period within which a claim is required to be made by regulation 7 or 13. Calculation of service 40 1 For the purpose of determining the amount of any compensation payable in respect of the loss of an office to which, or of any two or more offices to which in the aggregate, a person devoted substantially the whole of his time, any previous period of part-time employment shall be treated as though it were whole-time employment for a proportionately reduced period. 2 For the purpose of making any calculation under these Regulations in respect of a person's reckonable service, all periods of such service shall be aggregated and, except where reference is made to completed years of service, if the aggregated service includes a fraction of a year, that fraction shall, if it equals or exceeds six months, be treated as a year, and shall, in any other case be disregarded. Emoluments of part-time employments 41 In ascertaining for the purposes of these Regulations whether, and how far, the remuneration of alternative employment falls short of emoluments which have been lost where those emoluments were payable in respect of two or more part-time employments, the remuneration of the alternative employment or of the aggregate of two or more such employments shall be apportioned in the proportion which the emoluments of the part-time employments bore to each other. Compensation not assignable 42 Subject to any statutory provision in that behalf, any compensation to which a person becomes entitled under these Regulations shall be paid by the compensating authority and shall be payable to, or in trust for, the person who is entitled to receive it, and shall not be assignable: Provided that, without prejudice to any other right of recovery, any compensation paid in error may be recovered by the compensating authority by deduction from any compensation payable under these Regulations. Right of appeal from decision of compensating authority 43 1 Every person who is aggrieved by any decision of the compensating authority with respect to a compensation question or by any failure on the part of the compensating authority to notify him of any such decision within the appropriate time prescribed by these Regulations, may within thirteen weeks of the notification to him of the decision or the expiry of the prescribed time, as the case may be, institute proceedings for the determination of the question by a tribunal in accordance with the Industrial Tribunals (Employment and Compensation) Regulations 1967 and these Regulations; and the tribunal shall determine the question accordingly. 2 For the purpose of any such proceedings a person or persons may be appointed to sit with the tribunal as assessor or assessors. 3 The compensating authority shall give effect to the decision of a tribunal subject to any modifications that may be required in consequence of any appeal from that decision on a point of law. Hailsham of St. Marylebone, C Dated 9th December 1971 Concurrence of the Minister for the Civil Service given under his Official Seal on 10th December 1971. K. H. McNeill Authorised by the Minister for the Civil Service SCHEDULE Regulation 2(3) TABLE I Factors to be applied to an annual amount payable for life to obtain the capital value Factor Age Female Male Under 35 15·55 15·15 35 and under 40 15·10 14·60 40 and under 45 14·55 13·95 45 and under 50 13·90 13·10 50 13·45 12·55 51 13·25 12·35 52 13·10 12·15 53 12·90 11·90 54 12·70 11·70 55 12·50 11·45 56 12·30 11·25 57 12·10 11·00 58 11·90 10·75 59 11·65 10·50 60 11·40 10·25 61 11·20 10·00 62 10·95 9·70 63 10·70 9·45 64 10·40 9·15 65 10·15 8·90 66 9·90 8·60 67 9·60 8·35 68 9·35 8·05 69 9·05 7·80 70 8·75 7·50 NOTE: — This table is for use in connection with regulation 36(1) and (2) for the compounding of annual retirement compensation which a person is currently entitled to receive under regulation 20, 21, 22 or 23. Where the compensation is payable before age 60 (females), 65 (males) but will be reduced on the attainment of that age (in connection with National Insurance pension) the tables should be used in conjunction with Table II, i.e. Table II should be used for valuing that part of the compensation which ceases to be payable at 60 (65) and this table should be used for valuing the remainder. TABLE II Factors to be applied to annual amounts ceasing at 65 (males) or 60 (females) to obtain the capital value Factor Age Female Male Under 35 13·40 14·10 35 and under 40 12·25 13·15 40 and under 45 10·70 11·95 45 and under 50 8·65 10·40 50 7·15 9·30 51 6·60 8·90 52 6·00 8·45 53 5·35 7·95 54 4·65 7·50 55 3·90 6·95 56 3·15 6·40 57 2·30 5·85 58 1·45 5·20 59 ·50 4·55 60 — 3·85 61 — 3·10 62 — 2·30 63 — 1·40 64 — ·50 NOTE: — This table is for use in connection with regulation 36(1) and (2) for the compounding of any part of annual retirement compensation which will cease to be payable on the attainment of age 60 (females), 65 (males). Table I should be used in relation to the remainder of such compensation, i.e. the part which is payable for life — see note on that table. TABLE III Factors to be applied to annual amounts payable to a widow until death or re-marriage to obtain the capital value Age of widow at date of widowhood Factor Age of widow at date of widowhood Factor 20 6·00 45 11·90 21 6·00 46 12·05 22 6·00 47 12·15 23 6·00 48 12·25 24 6·00 49 12·30 25 6·25 50 12·30 26 6·60 51 12·30 27 6·95 52 12·25 28 7·30 53 12·20 29 7·65 54 12·15 30 8·00 55 12·05 31 8·40 56 11·95 32 8·75 57 11·80 33 9·10 58 11·65 34 9·40 59 11·50 35 9·75 60 11·30 36 10·05 61 11·15 37 10·30 62 10·95 38 10·55 63 10·70 39 10·80 64 10·40 40 11·05 65 10·15 41 11·25 66 9·90 42 11·45 67 9·60 43 11·60 68 9·35 44 11·75 69 9·05 70 8·75 NOTE: — This table is for use in connection with regulation 36(1) for compounding annual compensation to a widow under regulation 26. It should also be used, where a reduction of compensation under regulation 26(6) falls to be apportioned between the compensation payable under that regulation and under regulation 27, for ascertaining the capital value of annual compensation to a widow. TABLE IV Factors to be applied to lump sums to find the equivalent annual amount payable for life Factor Age Female Male Under 35 ·0642917 ·0660000 35 and under 40 ·0662083 ·0685000 40 and under 45 ·0687083 ·0716667 45 and under 50 ·0719583 ·0763333 50 ·0743333 ·0796667 51 ·0754583 ·0809583 52 ·0763333 ·0822917 53 ·0775000 ·0840417 54 ·0787500 ·0854583 55 ·0800000 ·0873333 56 ·0812917 ·0888750 57 ·0826250 ·0909167 58 ·0840417 ·0930000 59 ·0858333 ·0952500 60 ·0877083 ·0975417 61 ·0892917 ·1000000 62 ·0913333 ·1030833 63 ·0934583 ·1058333 64 ·0961667 ·1092917 65 ·0985000 ·1123750 66 ·1010000 ·1162917 67 ·1041667 ·1197500 68 ·1069583 ·1242083 69 ·1105000 ·1282083 70 ·1142917 ·1333333 NOTE: — This table is for use in connection with regulation 24(1) for ascertaining the annual amount by which retirement compensation under regulation 20, 21 or 22 is to be reduced where a claimant has not paid to the compensating authority an amount equal to any sum paid to him by way of superannuation contributions or that amount has been repaid to him by the compensating authority at his request. It should also be used in connection with regulation 36(2) for calculating for the purposes of that paragraph the annual value of retirement compensation awarded as a lump sum. TABLE V Factors to be applied to lump sums to find the equivalent annual amount payable to a widow until death or re-marriage Age of widow at date of widowhood Factor Age of widow at date of widowhood Factor 20 ·1666667 45 ·0840417 21 ·1666667 46 ·0830000 22 ·1666667 47 ·0822917 23 ·1666667 48 ·0816250 24 ·1666667 49 ·0812917 25 ·1600000 50 ·0812917 26 ·1515000 51 ·0812917 27 ·1438750 52 ·0816250 28 ·1370000 53 ·0819583 29 ·1307083 54 ·0822917 30 ·1250000 55 ·0830000 31 ·1190417 56 ·0836667 32 ·1142917 57 ·0847500 33 ·1098750 58 ·0858333 34 ·1063750 59 ·0869583 35 ·1025833 60 ·0885000 36 ·0995000 61 ·0897083 37 ·0970833 62 ·0913333 38 ·0947917 63 ·0934583 39 ·0925833 64 ·0961667 40 ·0905000 65 ·0985000 41 ·0888750 66 ·1010000 42 ·0873333 67 ·1041667 43 ·0862083 68 ·1069583 44 ·0851250 69 ·1105000 70 ·1142917 NOTE: — This table is for use in connection with regulation 26(6) for ascertaining the annual amount by which compensation to a widow is to be reduced in the circumstances described in that paragraph. If a reduction is required to be apportioned between compensation payable under regulations 26 and 27, the capital value of annual compensation to a widow should be ascertained by reference to Table III. Table VI Factors according to the outstanding period of long-term compensation to be applied to the total amount of long-term compensation compounded to obtain the capital value Outstanding number of complete years of long term compensation Factor Female Male 0 ·984 ·982 1 ·952 ·948 2 ·921 ·915 3 ·892 ·883 4 ·864 ·854 5 ·838 ·827 6 ·813 ·801 7 ·789 ·777 8 ·767 ·754 9 ·746 ·732 10 ·726 ·712 11 ·706 ·693 12 ·688 ·675 13 ·670 ·657 14 ·653 ·641 15 ·637 ·625 16 ·621 ·610 17 ·606 ·596 18 ·592 ·582 19 ·578 ·569 20 ·565 ·556 21 ·552 ·544 22 ·540 ·532 23 ·528 ·520 24 ·516 ·509 25 ·505 ·499 26 ·494 ·489 27 ·484 ·479 28 ·474 ·469 29 ·464 ·459 30 ·455 ·450 NOTE: — This table is for use in connection with regulation 36(1) and (2) for compounding awards of long-term compensation under Part IV of these Regulations. The total amount of the annual long-term compensation which is to be compounded must first be calculated, i.e. the amount which the person would receive on account of that compensation or the part of it which is to be compounded, if it were paid until “normal retiring age” (as defined in these Regulations). The capital value of that annual long-term compensation will be the total calculated multiplied by the appropriate factor.

The Transport Pension Schemes (Decimal Currency) Order 1971 The Secretary of State for the Environment with the consent of the Treasury and in exercise of his powers under section 11(1) of the Decimal Currency Act 1969.(hereinafter called “ the Act ”) and of all other enabling powers hereby makes the following Order: — 1 This Order may be cited as the Transport Pension Schemes (Decimal Currency) Order 1971 and shall come into operation on the 15th February 1971. 2 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 3 The Port of London Act 1968 and the subordinate instruments mentioned in the Schedule to this Order which contain references to amounts of money in the old currency of which the equivalent in the new currency is neither a new penny nor a multiple thereof shall have effect subject to the amendments provided for by that Schedule. Signed by authority of the Secretary of State 4th February 1971. John Peyton Minister for Transport Industries Department of the Environment We consent to this Order. P. L. Hawkins Bernard Weatherill Two of the Lords Commissioners of Her Majesty's Treasury 4th February 1971 SCHEDULE AMENDMENTS OF PROVISIONS REFERRING TO AMOUNTS IN SHILLINGS AND PENCE Article 3 The Port of London Act 1968 1 In Schedule 3 (Rules of the Port of London Authority Pension Fund) to the above-mentioned Act of 1968 — a in the proviso to rule 5(2), for the words “£3 0s. 8d.” there shall be substituted the words “£3.03” ; b in rule 6 — i for the scale set out in the columns headed respectively “Fractional parts of a pound” and “Amount of deduction” there shall be substituted the following scale, that is to say — Fractional parts of a pound Amount of deduction p p 0 to 20 Nil 21 to 60 1p 61 to 100 2p , ii for the words “to the nearest penny” , in both places where they occur, there shall be substituted the words “to the nearest new penny” , and iii for the words “an exact halfpenny” there shall be substituted the words “an exact new halfpenny” ; and c in rule 17, where by virtue of section 10(1) of the Act, an amount of money in the old currency appearing in the Table set out at the end of the said rule is read as referring to the equivalent of that amount in the new currency and that equivalent is or includes a fraction of a new penny, then the annual reduction to be made in a pension calculated on the basis of the said amount in the old currency so read as aforesaid shall be adjusted — i to the nearest multiple of a new penny if it includes a fraction of a new penny which is greater or less than one-half, ii upwards to the nearest multiple of a new penny, if it is a fraction of a new penny which is exactly one-half or includes such a fraction following an even multiple of a new penny, and iii downwards to the nearest multiple of a new penny if it includes a fraction of a new penny which is exactly one-half following an odd multiple of a new penny. The British Transport Commission (Male Wages Grades Pensions) 1954 as amended 2 In the Schedule (British Transport Commission (Male Wages Grades) Pension Scheme Rules) to the above-mentioned Regulations of 1954 — a where by virtue of section 10(1) of the Act an amount of money in the old currency appearing in Table II of those Rules is read as referring to the equivalent of that amount in the new currency and that equivalent is or includes a fraction of a new penny, then, subject to the next following sub-paragraph, the weekly contribution of a member of Section A to be deducted or paid under Rule 12 on the scale set out in the said Table II shall be adjusted in the same manner as provided in paragraph 1(c)(i) to (iii) of this Schedule; b where the weekly contributions of a person who is both a member of Section A and of Section B fall to be computed on the scales set out in Tables II and III of the said Rules, the equivalent in the new currency of the appropriate amount in the old currency as read in accordance with section 10(1) of the Act in each Table shall first be aggregated and thereafter the resulting sum adjusted in the same manner as provided in paragraph 1(c)(i) to (iii) of this Schedule; and c where any benefits payable to a person under the said Rules fall to be computed by reference to the pensions set out in any one or more of Tables I, IV or V thereof as those Tables are read in accordance with section 10(1) of the Act, the amount of benefit, after allowing for any reduction under Rule 31 and after adding any supplementary pension payable under Rule 17A(b), to be paid to that person under the said Rules in respect of any period specified in Rule 20 shall be a sum equal to the aggregate of the benefits to which he is entitled or of which he is in receipt thereunder, and if such a sum includes a fraction of a new penny, then that sum shall be adjusted in the same manner as provided in paragraph 1(c)(i) to (iii) of this Schedule. The National Insurance (Modification of the London Transport and Railway Pension Schemes) Regulations 1956 3 Where, in computing the reduction of any contribution to be made under Regulation 3(2), 4(2), 5(2), 9(2), 10(2) or 11(2) of the above-mentioned Regulations of 1956 or of any annual superannuation allowance to be made under Regulation 5(3) or 11(2) thereof, the computation involves application of any reference to an amount of money in the old currency contained in the relevant Table set out in Schedule 1, 2 or 3 to the said Regulations as that reference is read as referring to the equivalent of that amount in the new currency, being an amount which includes a fraction of a new penny, then, if the reduction of the contribution or allowance computed as aforesaid includes a fraction of a new penny, that reduction shall be adjusted in the same manner as provided in paragraph 1(c)(i) to (iii) of this Schedule. The National Insurance (Modification of Transport Undertaking Superannuation Funds) Regulations 1961 as amended 4 Where a member's retirement pension is reduced at the rate, construed in accordance with section 10(1) of the Act, of 6d. per week for each £7 10s. 0d. in the case of a man or £9 in the case of a woman paid as provided in Regulation 4(1) of the above-mentioned Regulations of 1961, and the amount of the reduction in the retirement pension falling due for payment to that member includes a fraction of a new penny, then the said amount shall be adjusted in the same manner as provided by paragraph 1(c)(i) to (iii) of this Schedule. The London Transport (Male Wages Grades Pensions) Order 1966 as amended 5 In the Schedule (London Transport (Male Wages Grades) Pension Scheme Rules) to the above-mentioned Order 1966 — a the provisions of paragraph 2(a) of this Schedule shall have the same effect, subject to the next following sub-paragraph, in relation to Table I of the said Rules (in this paragraph called “the 1966 Scheme Rules”) as they have in relation to Table II of the British Transport Commission (Male Wages Grades) Pension Scheme Rules (in this paragraph called “the 1954 Scheme Rules”) , the references in those provisions to “Section A” and to “Rule 12” being treated for the purposes of this sub-paragraph as references respectively to the section of the scheme referred to as Section A in, and to Rule 11 of, the 1966 Scheme Rules; b the provisions of paragraph 2(b) of this Schedule shall have the same effect in relation to Tables I and II of the 1966 Scheme Rules as they have in relation to Tables II and III of the 1954 Scheme Rules, the references in those provisions to “Section A” and to “Section B” being treated for the purposes of this sub-paragraph as references to Section A and Section B respectively of the scheme established by the above-mentioned Order of 1966; and c the provisions of paragraph 2(c) of this Schedule shall have effect in relation to Tables III and IV of the 1966 Scheme Rules as though the expression “and after adding any supplementary pension payable under Rule 17A(b)” were omitted and for the references to the 1954 Scheme Rules, to the Tables and Rules 20 and 31 thereof there were substituted references respectively to the 1966 Scheme Rules, to Tables III or IV and Rules 19 and 31 thereof.

The Sheriffs' Fees (Amendment) Order 1971 The Lord Chancellor, in exercise of the powers conferred on him by section 20(2) of the Sheriffs Act 1887 and with the advice and consent of the Judges of the Court of Appeal and the High Court and with the concurrence of the Treasury, hereby makes the following Order: — 1 1 This Order may be cited as the Sheriffs' Fees (Amendment) Order 1971 and shall come into operation on 1st July 1971. 2 In this Order — “ the Order of 1920 ” means the Order made under section 20(2) of the Sheriffs Act 1887 and dated 8th July 1920 , as amended ; “ the Order of 1921 ” means the Order made under the said section 20(2) and dated 2nd May 1921 . 3 The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament. 2 The Table of Fees set out in the Schedule to the Order of 1920 shall be amended as follows: — 1 In Fee No. 1 — a for the first paragraph there shall be substituted the following paragraph: — For Mileage from the sheriff's officer's residence to the place of levy and return, in respect of one journey made to seize the goods and, where appropriate, one journey made to remove the goods, per mile £0.05 ; b in the second paragraph for the words “the place at which the seizure is to be made” there shall be substituted “the place of levy” . 2 In Fee No. 2 for the words from “when the sum indorsed” to “£1.11.6” there shall be substituted the words “£2” . 3 In Fee No. 3 for the words “£1.1.0” wherever they appear there shall be substituted the words “£2” . 4 In Fee No. 4 for the words “£0.17.6” there shall be substituted the words “£3” . 5 In Fee No. 8(2) for paragraph (b) there shall be substituted the following paragraph: — b Where the goods have not been removed from the debtor's premises but work has been done by the auctioneer or sheriff's officer with a view to sale, for his commission, in addition to out-of-pocket expenses actually and reasonably incurred, 5 per cent. of the value of the goods. This fee is to be charged only where the work done includes the preparation of a detailed inventory of the goods seized . 6 For Fee No. 10 there shall be substituted the following fee: — 10 Sheriff's poundage on the amount recovered, 5 per cent. up to £100 and 2½ per cent. above that sum. 7 In the first paragraph following Fee No. 10 for the words “£40” there shall be substituted the words “£100” . 3 The Table of Fees set out in Part I of the Schedule to the Order of 1921 shall be amended as follows: — 1 In Fee No. 1 for the words “7s. 6d.” there shall be substituted the words “£2” . 2 After Fee No. 7 there shall be inserted the following fees: — ON WRITS OF POSSESSION OR DELIVERY 7A For mileage from the sheriff's officer's residence to the place where the land or goods are situated and return, in respect of one journey made to execute a writ of possession or delivery, per mile 0.05”. 7B For executing a writ of possession, poundage at the rate of 7½ per cent. of the net annual value for rating of the property seized: Provided that where the property does not consist of one or more hereditaments having at the time of seizure a separate net annual value for rating, the property or such part of it as does not so consist shall be taken to have a net annual value for rating equal to its value by the year. 7C For executing a writ of delivery, poundage at the rate of 4 per cent. of the value of the goods as stated in the writ of summons or judgment. 3 For Fee No. 8 there shall be substituted the following fee: — 8 For a copy of any return indorsed by the sheriff on a writ of execution £1. 4 Any fee or poundage to be charged under the Order of 1920 or the Order of 1921 or under either of those Orders as amended by this Order, at the rate of 2½ per cent., 7½ per cent. or 12½ per cent. on any sum shall be calculated on every £2 or part thereof of that sum. Hailsham of St. Marylebone, C Widgery, C.J Denning, M.R George Baker, P Dated 7th May 1971 We concur, H. S. P. Monro Bernard Weatherill Two of the Lords Commissioners of Her Majesty's Treasury Dated 13th May 1971

The Double Taxation Relief (Taxes on Income) (Faroe Islands) Order 1971 At the Court at Windsor Castle, the 30th day of April 1971 Present, The Queen's Most Excellent Majesty in Council Whereas a draft of this Order was laid before the Commons House of Parliament in accordance with the provisions of section 497(8) of the Income and Corporation Taxes Act 1970, and an Address has been presented to Her Majesty by that House praying that an Order may be made in the terms of this Order: Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 497 of the said Income and Corporation Taxes Act 1970, and section 39 of the Finance Act 1965, as amended, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 This Order may be cited as the Double Taxation Relief (Taxes on Income) (Faroe Islands) Order 1971. 2 It is hereby declared — a that the arrangements specified in the Schedule to this Order for the extension to the Faroe Islands of the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Denmark) Order 1969 (varying the extension to the Faroe Islands of the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Denmark) Order 1950 by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Faroe Islands) Order 1961 , as amended by the extension to the Faroe Islands of the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Denmark) Order 1967 by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Faroe Islands) Order 1968 have been made with the Government of the Kingdom of Denmark on behalf of the Government of the Faroe Islands with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of the Faroe Islands; and b that it is expedient that those arrangements should have effect. W.G. Agnew SCHEDULE 1 In this Schedule: a “ the 1950 Convention ” means the Convention between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Denmark for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income signed at London on 27th March 1950 ; b “ the 1966 Protocol ” means the Protocol signed at London on 7th July 1966 amending the 1950 Convention ; c “ the 1968 Protocol ” means the Supplementary Protocol signed at London on 18th December 1968 amending the 1950 Convention as modified by the 1966 Protocol ; d “ the Convention as extended in 1966 ” means the 1950 Convention as extended to the Faroe Islands by the Exchange of Notes of 31st October 1960 between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Denmark, as modified by the extension of the 1966 Protocol to the Faroe Islands by the Exchange of Notes of 13th July and 24th October 1967 between those Governments ; e “ this Extension ” means the extension of the 1968 Protocol to the Faroe Islands in accordance with this Schedule ; f “ the Convention as now extended ” means the Convention as extended in 1966 as modified by this Extension . 2 The provisions of the 1968 Protocol shall apply to the Convention as extended in 1966 as if, in the 1968 Protocol: a any reference to Denmark were a reference to the Faroe Islands; b any reference to Danish tax were a reference to Faroese tax, that is to say, the provincial income tax ( skat til Landskassen ) and the communal income tax ( kommunal indkomstskat ); and c Article 12 were deleted. 3 This Extension shall enter into force after the expiration of thirty days following the date on which the last of the measures have been taken in the United Kingdom necessary to give this Extension the force of law in the United Kingdom and shall thereupon have effect: a in the United Kingdom: i as respects income tax (including surtax) and capital gains tax, for any year of assessment beginning on or after 6th April 1968; and ii as respects corporation tax, for any financial year beginning on or after 1st April 1968; b in the Faroe Islands: as respects Faroese tax for any taxation year beginning on or after 1st April 1968. 4 The Government of the United Kingdom shall inform the Government of Denmark in writing when the last of the measures necessary as indicated in paragraph 3 above have been taken in the United Kingdom. 5 Subject to paragraph 6 of this Schedule, where any greater relief from tax would have been afforded by any provision of the Convention as extended in 1966 than is due under the Convention as now extended, any such provision as aforesaid shall continue to have effect for any year of assessment or financial year or taxation year beginning before the entry into force of this Extension. 6 The provisions of sub-paragraphs (a) and (b) of paragraph 3 of this Schedule and of paragraph 5 of this Schedule shall not apply in relation to dividends but the provisions of the Convention as now extended shall have effect and the provisions of the Convention as extended in 1966 shall cease to be effective, in relation to dividends payable on or after the date of entry into force of this Extension.

The Patents (Amendment No. 2) Rules 1971 The Secretary of State in exercise of his powers under section 94(1) of the Patents Act 1949 and of all other powers enabling him in that behalf hereby makes the following Rules: — 1 1 These Rules may be cited as the Patents (Amendment No. 2) Rules 1971 and shall come into operation on 1st January 1972. 2 The Interpretation Act 1889 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament. 2 The Patents Rules 1968 , as amended , shall have effect subject to the following further amendments: — a for Rule 67 there shall be substituted: — 67 On receipt of the prescribed renewal fee accompanied by Patents Form No. 24 and No. 26, and if the particulars specified in the margin of Form No. 26 have been duly provided, the Comptroller shall issue a certificate of payment on that form. b for Rule 68 there shall be substituted: — 68 1 Where the period for payment of a renewal fee pursuant to Rule 64 has expired the Comptroller shall not later than six weeks after the last date for payment under that Rule, and if the fee still remains unpaid, send to the patentee a notice reminding him that payment is overdue and of the consequences of non-payment. 2 The notice shall be sent to the address in the United Kingdom specified for that purpose by the patentee when last paying a renewal fee in respect of the patent or, if no such address was specified, to the relevant address for service entered in the register of patents. c for Rule 127 there shall be substituted: — 127 Upon the payment of a renewal fee within the time prescribed by these Rules or provided for late payment by section 22 of the Act, the Comptroller shall record the payment and its date in the register. d the fees specified in paragraph 25 of Schedule 1 as payable on application for a certificate of payment of a renewal fee shall be payable upon the application for renewal of a patent whether or not a certificate of payment is sought and accordingly, in item 25 in Schedule 1, the words “certificate of payment of” and “fee” shall be omitted; and e in Schedule 2 for the forms prescribed as Forms Nos. 24 and 26 there shall be substituted the combined Form No. 24 and No. 26 set out in the Schedule hereto. Nicholas Ridley Parliamentary Under Secretary of State Department of Trade and Industry 24th November 1971 SCHEDULE PATENTS FORM NO. 24 Payments of Renewal Fee PATENTS FORM NO. 26 Certificate of Payment of Renewal Fee

Investment and Building Grants Act 1971 Abolition of investment grants. 1 1 Subject to subsections (2) to (5) below, no grant shall be made under Part I of the Industrial Development Act 1966 (assistance towards provision of new business assets) in respect of expenditure incurred on or after 27th October 1970. 2 Subsection (1) above shall not prevent the making of a grant under the said Part I in respect of any expenditure so incurred as respects which the Secretary of State is satisfied as follows — a that it consists of a sum or sums falling due under a contract made before the said 27th October, and b that the person incurring it has not done so by reason of any thing done, or any transaction entered into, on or after that date by him or his agent: Provided that there shall be disregarded for the purposes of paragraph (b) above — a any transfer of the benefit of a contract to a member of a group by any other member of that group, and b in the case of a contract subject to a condition precedent, any act done in or towards satisfaction of the condition. 3 Where, under a contract made or varied (whether by agreement or under a power contained in the contract) on or after the said 27th October, a person incurs expenditure as respects which the Secretary of State is satisfied that it is in respect of the supply to that person of works, goods or services in substitution for works, goods or services of the same or a substantially similar description which were to have been supplied to him or, if he is a member of a group, to any other member of that group under a contract made before that date, subsection (1) above shall not prevent the making to that person of a grant under the said Part I in respect of so much of that expenditure as does not exceed the expenditure which he or, as the case may be, the other member of the group would have incurred in respect of the supply of the last-mentioned works, goods or services. 4 Where a person was on 26th October 1970 entitled to the benefit of a contract for the construction of a new ship, subsection (1) above shall not prevent the making of a grant under the said Part I in respect of expenditure incurred by that person or, if he is a member of a group, by any other member of the group in the provision of the ship, or of any ship appearing to the Secretary of State to be of the same or a substantially similar description thereto and supplied in substitution therefor, so far as that expenditure either consists of a sum or sums falling due under a contract made before the said 27th October or is in respect of goods or services supplied on or before the date on which the ship is delivered. 5 Where a grant may be made under the said Part I in respect of expenditure incurred by a person in the provision of an asset imported into the United Kingdom on or after the said 27th October, subsection (1) above shall not prevent the making of a grant in respect of any expenditure incurred by him in respect of duty chargeable on the importation under section 1 of the Import Duties Act 1958. 6 The Secretary of State may from time to time provide by order that applications for grant under the said Part I in respect of expenditure incurred before any date, or during any period, specified in the order — a are to be made before a date specified for the purpose in relation to that expenditure, and b are to be made in such form and manner, and to contain such particulars and be accompanied by such documents, as the Secretary of State may direct; and no grant shall be made under the said Part I in respect of any expenditure to which an order under this subsection relates except on an application made before the specified date and complying or, in the opinion of the Secretary of State, substantially complying with any relevant direction. An order under this subsection shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. 7 This section shall be construed as one with the said Part I; and for the purposes of this section, a group consists of a body corporate together with all other bodies corporate which are its subsidiaries within the meaning of section 154 of the Companies Act 1948. 8 The following provisions of the said Act of 1966 are hereby repealed — subsections (1)(b) and (2) of section 7 (power to specify further assets eligible for grant), section 11 (advisory committees), and section 12 (annual reports). Building grants. 2 1 The amount of any grant to be made towards the cost of providing a building or an extension of a building under section 3 of the Local Employment Act 1960 (which relates to projects in development areas and, by virtue of section 1 of the Local Employment Act 1970, intermediate areas) shall be the appropriate proportion, as stated in this section, of the relevant expenditure; and that expenditure shall be so much of the expenditure incurred in providing the building or extension as the Secretary of State may approve for the purposes of the grant: Provided that the grant may be of an amount less than that proportion in any case where it appears to the Secretary of State that the employment likely to be provided as a result of the expenditure so incurred and any associated expenditure does not justify a grant equal to the appropriate proportion. 2 The appropriate proportion for this purpose is — a twenty-five per cent. of the relevant expenditure in the case of a building or extension in an intermediate area; and b subject to subsection (7) below, thirty-five per cent. of the relevant expenditure in the case of a building or extension in a development area, plus, in either case, a further ten per cent. of the relevant expenditure, where it appears to the Secretary of State that the application for the grant is made for the purpose of setting up an undertaking in the area in circumstances which justify the giving of special assistance under the said section 3. 3 In the said section 3 and this section, references to buildings include references to structures; and, for the purposes of that section and this, a building may be provided by the adaptation of an existing one, and a building or extension of a building by the purchase of a new one, that is to say, one not previously occupied. 4 Where a building or extension of a building constructed with a view to being let to another person includes special features at the request of that person, and he is required to pay a capital sum in consideration thereof, the said section 3 and this section shall have effect as if that sum were expenditure incurred by him in providing the building or extension. 5 Where at any time a development area ceases to be such without becoming an intermediate area, or an intermediate area ceases to be such without becoming a development area, it shall be treated as continuing to be a development area or, as the case may be, intermediate area — a for the purpose of enabling grants to be made under the said section 3 on applications received by the Secretary of State before that time, or in respect of expenditure any part of which was incurred by the applicant under a contract entered into before that time, and b for the purpose of the continued operation of any agreement relating to any grant under the said section 3. In this subsection and subsection (6) below, references to development areas and intermediate areas include references to parts of development areas and intermediate areas. 6 Where at any time a development area becomes an intermediate area, it shall be treated as if it were still a development area for the purpose of determining the amount of any grant to be made under the said section 3 on an application received by the Secretary of State before that time, or in respect of expenditure any part of which was incurred by the applicant under a contract entered into before that time; and where at any time an intermediate area becomes a development area, it shall be treated as if it were still an intermediate area for the purpose of determining the amount of a grant under the said section 3 in the following circumstances — a in the case of a grant in respect of the provision of a building or extension by purchase, if the contract to purchase was entered into before that time, or if before that time any work on providing the building or extension was done on the site with a view to occupation by the applicant for the grant or, if the applicant is a member of a group, by any other member of that group; b in the case of a grant made by virtue of subsection (4) above, if any work on including the special features in the building or extension was done before that time; and c in the case of any other grant, if any work on providing the building or extension was done on the site before that time by or on behalf of the applicant for the grant or, if the applicant is a member of a group, by or on behalf of any other member of that group. For the purposes of this subsection, a group consists of a body corporate together with all other bodies corporate which are its subsidiaries within the meaning of section 154 of the Companies Act 1948. 7 In the following circumstances, the percentage in subsection (2)(b) above shall be twenty-five per cent. instead of thirty-five per cent. — a in the case of a grant in respect of the provision of a building or extension by purchase, if the contract to purchase was entered into before 27th October 1970, or if before that date any work on providing the building or extension was done on the site with a view to occupation by the applicant for the grant or, if the applicant is a member of a group, by any other member of that group; b in the case of a grant made by virtue of subsection (4) above, if any work on including the special features in the building or extension was done before the said 27th October; and c in the case of any other grant, if any work on providing the building or extension was done on the site before the said 27th October by or on behalf of the applicant for the grant or, if the applicant is a member of a group, by or on behalf of any other member of that group: Provided that the Secretary of State may determine that paragraph (c) above shall not have effect in any case the special circumstances of which appear to him to justify such a determination. In this subsection " group " has the same meaning as in subsection (6) above. 8 This section shall be construed as one with Part I of the Local Employment Act 1960. 9 The following are hereby repealed, that is to say, section 2 of the Local Employment Act 1963, section 17 of the Industrial Development Act 1966 and, in section 21(4) of that Act, paragraph (b) and the words " (b) or " in paragraph (d), and, in section 1(4) of the Local Employment Act 1970, the words " 17(1) ". 10 The foregoing provisions of this section shall not apply in relation to any grant under the said section 3 offered or made before the passing of this Act; but, in the case of any such grant in respect of expenditure incurred in relation to a development area, the Secretary of State may if he thinks fit re-determine the amount of the grant as if, in relation to the expenditure in question or that expenditure so far as relating to any particular building or extension, section 2(1) of the said Act of 1963 had prescribed a rate of thirty-five per cent. instead of twenty-five per cent., and section 17(1) of the said Act of 1966 had substituted a rate of forty-five per cent. in the circumstances there mentioned, and may make such revised offer or, as the case may require, additional payment under the said section 3 as is consequential on the re-determination. Short title and citation. 3 This Act may be cited as the Investment and Building Grants Act 1971; and section 2 of this Act and the Local Employment Acts 1960 to 1970 may be cited together as the Local Employment Acts 1960 to 1971.

The Chronically Sick and Disabled Persons Act 1970 (Commencement No. 2) Order 1971 The Secretary of State for the Environment, the Secretary of State for Scotland and the Secretary of State for Wales, in exercise of their powers under section 21(9) of the Chronically Sick and Disabled Persons Act 1970 and of all other enabling powers, hereby make the following Order: — 1 Section 21 of the Chronically Sick and Disabled Persons Act 1970 shall come into operation on the 1st December 1971. 2 This Order may be cited as the Chronically Sick and Disabled Persons Act 1970 (Commencement No. 2) Order 1971. Signed by authority of the Secretary of State. R. Graham Page Minister for Local Government and Development Department of the Environment Dated 6th September 1971 Gordon Campbell Secretary of State for Scotland Dated 6th September 1971 Peter Thomas Secretary of State for Wales Dated 6th September 1971

Vehicles (Excise) Act 1971 Excise duty on, and licensing of, mechanically propelled vehicles Charge of duty 1 1 Subject to the provisions of this Act, a duty of excise shall be charged in respect of every mechanically propelled vehicle used or kept on any public road in Great Britain and shall be paid upon a licence to be taken out by the person keeping the vehicle. 2 The duty chargeable under this section in respect of a vehicle of any description shall be chargeable by reference to the annual rate applicable in accordance with the provisions of that one of the first five Schedules to this Act which relates to vehicles of that description. 3 For the purposes of the said duty, in so far as chargeable in respect of the keeping of a vehicle on a road, a vehicle shall be deemed — a to be chargeable with the like duty as on the occasion of the issue of the vehicle licence or last vehicle licence issued for the vehicle under this Act, and to be so chargeable by reference to the rate specified in the same Schedule to this Act as on that occasion, or b if no vehicle licence has been issued for the vehicle under this Act, to be chargeable by reference to the rate applicable to it under Schedule 5 to this Act. 4 Nothing in this section shall operate so as to render lawful the keeping of a vehicle for any period, in any manner or at any place, if to do so would be unlawful apart from this section. Commencement and duration of licences, and rate of duty 2 1 A vehicle licence may be taken out — a in the case of any vehicle, for any period of twelve months; b in the case of any vehicle the annual rate of duty applicable to which exceeds £8, for any period of four months, c in the case of a goods vehicle which is authorised to be used on roads by virtue of an order made under section 64(4) of the Road Traffic Act 1960, and the unladen weight of which exceeds eleven tons, for any period of seven consecutive days (such a licence being hereafter in this Act referred to as a " seven day licence "); and shall, subject to the provisions of section 13 of this Act, first have effect on the day specified by the applicant in the application for the licence. 2 A licence for a period of four months shall expire with such day in the fourth month after that in which the licence first has effect as corresponds to the day preceding that on which it first has effect, so however that a licence for that period shall — a if it first has effect on the first day of a month, expire with the last day of the third month after that month ; and b if it first has effect on 30th or 31st October, expire with the last day of the following February. 3 A licence which first has effect before the day on which it is issued shall not affect any criminal liability incurred before that day. 4 The duty payable on a vehicle licence for a vehicle of any description shall — a if the licence is taken out for a period of twelve months, be paid at the annual rate of duty applicable to vehicles of that description; b if the licence is taken out for a period of four months, be paid at a rate equal to eleven thirtieths of the said annual rate; c if the licence is taken out for a period of seven days, be paid at a rate equal to one fifty-second of the said annual rate plus ten per cent, of that amount; and in computing the rate of duty in accordance with paragraph (b) or paragraph (c) above, any fraction of 5p shall be treated as 5p if it exceeds 2-5p and shall otherwise be disregarded. 5 Notwithstanding anything in this Act, the Secretary of State may, during the period of two years beginning with the day when this subsection first takes effect, provide by regulations that, in such cases as may be determined by or under the regulations, the duration of a licence taken out after the coming into force of the regulations shall be longer or shorter, by such period not exceeding thirty days as may be so determined, than its duration would have been apart from the regulations; and where the duration of a licence is altered by virtue of this subsection the duty payable upon the licence shall be increased or reduced proportionately. 6 At the expiration of the period of two years mentioned in subsection (5) above that subsection shall cease to have effect, but without prejudice to any licence issued or any payment made or falling to be made by virtue of any regulations in force under that subsection immediately before the expiration of that period. Collection of duty, etc. 3 1 The duty chargeable under this Act shall be levied by the Secretary of State. 2 Subject to the provisions of this Act the Secretary of State and his officers (including any body or person authorised by the Secretary of State to act as his agent for the purposes of this Act) shall have for the purpose of levying the duty aforesaid the same powers, duties and liabilities as the Commissioners of Customs and Excise and their officers have with respect to duties of excise and to the issue and cancellation of licences on which duties of excise are imposed and to other matters under the Acts relating to duties of excise and excise licences ; and, subject to those provisions and in particular to section 28 or 29 and to section 35(3) of this Act, all enactments relating to those duties and to punishments and penalties in connection therewith shall apply accordingly. 3 Without prejudice to subsection (2) above, the Secretary of State shall, with respect to the duty of excise chargeable under this Act and the excise licences provided for thereby, have the powers given to the said Commissioners by the Acts relating to duties of excise and excise licences for the restoration of any forfeiture and the mitigation or remission of any penalty or part thereof. 4 The duty levied by the Secretary of State under this Act shall be paid into the Consolidated Fund. 5 Any sums received by the Secretary of State by virtue of this Act by way of fees shall be paid into the Consolidated Fund. Exemptions from duty Exemptions from duty of certain descriptions of vehicle 4 1 No duty shall be chargeable under this Act in respect of mechanically propelled vehicles of any of the following descriptions, that is to say — a fire engines; b vehicles kept by a local authority while they are used or kept on a road for the purposes of their fire brigade service ; c ambulances; d road rollers; e vehicles used on tram lines, not being tramcars used for the conveyance of passengers ; f vehicles used or kept on a road for no purpose other than the haulage of lifeboats and the conveyance of the necessary gear of the lifeboats which are being hauled; g vehicles (including cycles with an attachment for propelling them by mechanical power) which do not exceed eight hundredweight in weight unladen and are adapted, and used or kept on a road, for invalids; h road construction vehicles used or kept on a road solely for the conveyance of built-in road construction machinery (with or without articles or material used for the purposes of that machinery); i vehicles constructed or adapted, and used, solely for the conveyance of machinery for spreading material on roads to deal with frost, ice or snow or for the conveyance of such machinery and articles and material used for the purposes of that machinery; j local authority's watering vehicles ; k tower wagons used solely by a street lighting authority, or by any person acting in pursuance of a contract with such an authority, for the purpose of installing or maintaining materials or apparatus for lighting streets, roads or public places. 2 In this section — " road construction vehicle " means a vehicle constructed or adapted for use for the conveyance of built-in road construction machinery and not constructed or adapted for the conveyance of any other load except articles and material used for the purposes of that machinery; " road construction machinery " means a machine or contrivance suitable for use for the construction or repair of roads and used for no purpose other than the construction or repair of roads at the public expense; " built-in road construction machinery ", in relation to a vehicle, means road construction machinery built in as part of the vehicle or permanently attached thereto ; " local authority's watering vehicle " means a vehicle used solely within the area of a local authority by that local authority, or by any person acting in pursuance of a contract with that local authority, for the purpose of cleansing or watering roads or cleansing gulleys; " tower wagon " has the same meaning as in Schedule 4 to this Act; " street lighting authority " means any local authority or Minister having power under any enactment to provide or maintain materials or apparatus for lighting streets, roads or public places. Exemptions from duty in connection with vehicle testing, etc. 5 1 A mechanically propelled vehicle shall not be chargeable with any duty under this Act by reason of its use on public roads — a solely for the purpose of submitting it by previous arrangement for a specified time on a specified date for, or bringing it away from, a compulsory test; or b in the course of a compulsory test, solely for the purpose of taking it to, or bringing it away from, any place where a part of the test is to be or, as the case may be, has been carried out, or of carrying out any part of the test, the person so using it being an authorised person; or c where the relevant certificate is refused on a compulsory test, solely for the purpose of delivering it by previous arrangement for a specified time on a specified date at a place where work is to be done on it to remedy the defects on the ground of which the certificate was refused, or bringing it away from a place where work has been done on it to remedy such defects. 2 In paragraph (c) above the reference to work done or to be done on the vehicle to remedy the defects there mentioned is, in a case where the relevant certificate which is refused is a test certificate, a reference to work done or to be done to remedy those defects for a further compulsory test and includes, in a case where the relevant certificate which is refused is a goods vehicle test certificate, type approval certificate or Minister's approval certificate, a reference to work done or to be done to alter the vehicle in some aspect of design, construction, equipment or marking on account of which the certificate was refused. 3 In this section — " compulsory test " means an examination under section 65 of the Road Traffic Act 1960 with a view to obtaining a test certificate without which a vehicle licence cannot be granted for the vehicle under this Act or, in the case of a goods vehicle for which by virtue of section 14(9) of the Road Safety Act 1967 a vehicle licence cannot be so granted, an examination under regulations under section 9 or for the purposes of section 10 of that Act (examinations as to a goods vehicle's compliance with construction and use or type approval requirements respectively) or an examination under regulations under section 13(1) (a) of that Act (in connection with alterations to goods vehicles subject to type approval requirements) or for the purposes of section 12 of that Act (appeals); " the relevant certificate " means a test certificate as defined in subsection (2) of the said section 65, a goods vehicle test certificate as defined in the said section 9, a type approval certificate or a Minister's approval certificate as defined in the said section 10; " authorised person " in the case of a compulsory test under the said section 65 means a person authorised as an examiner or appointed as an inspector under that section or acting on behalf of a person so authorised, or a person acting under the personal direction of such a person as aforesaid; and in the case of any other compulsory test means a goods vehicle examiner or a person carrying out the test under his direction or a person driving the vehicle in pursuance of a requirement to do so under regulations under which the compulsory test is carried out; " goods vehicle examiner " means an examiner appointed under section 183 of the said Act of 1960 or a certifying officer appointed under Pact III of that Act. Exemptions from duty in respect of vehicles acquired by overseas residents 6 1 A mechanically propelled vehicle shall not be chargeable with any duty under this Act if purchase tax in respect of the vehicle is remitted under section 23 of the Purchase Tax Act 1963 (remission of tax on exported vehicles) on the ground that the vehicle has been acquired from its manufacturer by a person who is an overseas resident; but if at any time purchase tax becomes payable in respect of that vehicle under section 9 of the Finance Act 1967 (purchase tax payable where conditions of remission broken), or would have become so payable but for any authorisation or waiver under subsection (1) of the said section 9, then the provisions of subsection (3) below shall apply in relation to that vehicle. 2 Where in the case of any mechanically propelled vehicle it is shown to the satisfaction of the Secretary of State — a that the vehicle is not chargeable with purchase tax; and b that the vehicle is being acquired from a person who is for the time being registered as a manufacturer of such vehicles by the Secretary of State and who is the manufacturer of the vehicle for the purposes of that register; and c that the person so acquiring the vehicle would fall to be treated as an overseas resident for the purposes of the said section 23, the Secretary of State may exempt the vehicle from duty under this Act for a period of twelve months subject to specified conditions, being such conditions as the Secretary of State may from time to time think necessary for the protection of the revenue; but if at any time during those twelve months any of the conditions subject to which the exemption is granted is not complied with, the provisions of subsection (3) below shall apply in relation to the vehicle. 3 Where under subsection (1) or (2) above the provisions of this subsection are to apply in relation to a vehicle, the vehicle shall be deemed never to have been exempted from duty under the said subsection (1) or (2) and, without prejudice to the provisions of section 9 of this Act, unless, or except to the extent that, the Secretary of State sees fit to waive payment of the whole or part of the duty, there shall be recoverable by the Secretary of State as a debt due to him — a from the person by whom the vehicle was acquired from its manufacturer, the duty in respect of the whole period since the registration of the vehicle; or b from any other person who is for the time being the keeper of the vehicle, the duty in respect of the period since the vehicle was first kept by that other person, other than any part of that period by reference to which there was calculated an amount ordered to be paid by the person in question in respect of the vehicle in pursuance of section 9(1) of this Act. Miscellaneous exemptions from duty 7 1 If an applicant for a vehicle licence satisfies the Secretary of State that the vehicle is intended to be used on public roads — a only in passing from land in his occupation to other land in his occupation, and b for distances not exceeding in the aggregate six miles in any calendar week, then, with the consent of the Treasury, the Secretary of State may exempt the vehicle from the duty chargeable under this Act in respect of the use of the vehicle on roads ; but if a vehicle so exempted is used on public roads otherwise than for the purpose or to the extent specified above, the vehicle shall cease to be exempted. 2 A mechanically propelled vehicle fitted with controls enabling it to be driven by persons having a particular disability, and registered in the name of such a person under this Act, shall not be chargeable with any duty under this Act by reason of its use by or for the purposes of that person, or by reason of its being kept for such use, where — a he caused the controls to be fitted to the vehicle and obtained in respect of the cost thereby incurred a grant paid by the Secretary of State out of moneys provided by Parliament; or b whether or not he caused the controls to be fitted to the vehicle, his disability is of a kind in the case of which grants in respect of the fitting of such controls are so paid. 3 A mechanically propelled vehicle shall not be chargeable with any duty under this Act by reason of its use for clearing snow from public roads by means of a snow plough or similar contrivance, whether forming part of the vehicle or not, or by reason of its being kept for such use or by reason of its use for the purpose of going to or from the place where it is to be used for clearing snow from public roads by those means. 4 Regulations under this Act may provide that, in such cases and subject to such conditions as may be prescribed, a mechanically propelled vehicle shall not be chargeable with any duty under this Act by reason of any use made of it for the purpose of a public or local authority's functions in connection with civil defence as defined in the Civil Defence Act 1948, or by reason of its being kept on a road for any such use, or both. 5 Regulations under this Act may provide for the total or partial exemption for a limited period from the duty chargeable under this Act of any mechanically propelled vehicles for the time being licensed under section 1 or 10 of the Vehicles (Excise) Act (Northern Ireland) 1954; and, without prejudice to section 37(1) of this Act, regulations made under this subsection may — a make different provision in relation to vehicles of different descriptions; b provide that any exemption conferred by the regulations in respect of any vehicle shall have effect subject to such conditions as may be prescribed. Liability to pay duty and consequences of non-payment thereof Using and keeping vehicles without a licence 8 1 If any person uses or keeps on a public road any mechanically propelled vehicle for which a licence is not in force, not being a vehicle exempted from duty under this Act by virtue of any enactment (including any provision of this Act), he shall be liable to the greater of the following penalties, namely — a an excise penalty of £50; or b an excise penalty equal to five times the amount of the duty chargeable in respect of the vehicle. 2 In any proceedings for an offence under this section it shall be a defence to prove that — a while an expired vehicle licence for the vehicle was in force an application was duly made for a further vehicle licence for the vehicle to take effect from or before the expiration of the expired licence and for a period including the time in question ; and b the expired licence was at that time fixed to and exhibited on the vehicle in the manner prescribed in pursuance of section 12(4) of this Act; and c the period between the expiration of the expired licence and that time did not exceed fourteen days. For the purposes of paragraph (a) above an application for a further licence is made when the application is received by the Secretary of State. 3 For the purposes of this section — a where a vehicle for which a vehicle licence is in force is transferred by the holder of the licence to another person, the licence shall be treated as no longer in force unless it is delivered to that other person with the vehicle; b the amount of the duty chargeable in respect of a vehicle shall be taken to be an amount equal to the annual rate of duty applicable to the vehicle at the date on which the offence was committed or, where in the case of a vehicle kept on a public road that rate differs from the annual rate by reference to which the vehicle was at that date chargeable under section 1 of this Act in respect of the keeping thereof, equal to the last mentioned rate. For the purposes of paragraph (b) above the offence shall, in the case of a conviction for a continuing offence, be taken to have been committed on the date or latest date to which the conviction relates. Additional liability for keeping unlicensed vehicle 9 1 Where a person convicted of an offence under section 8 of this Act is the person by whom the vehicle in respect of which the offence was committed was kept at the time it was committed, the court shall, in addition to any penalty which it may impose under that section, order him to pay an amount calculated in accordance with subsections (2) to (4) below. 2 The said amount shall, subject to subsection (3) below, be an amount equal to one three-hundred-and-sixty-fifth of the annual rate of duty appropriate to the vehicle in question for each day in the relevant period, and the relevant period shall be one ending with the date of the offence and beginning — a if the person convicted has before that date notified the Secretary of State of his acquisition of the vehicle in accordance with regulations under this Act, with the date on which the notification was received by the Secretary of State or, if later, with the expiry of the vehicle licence last in force for the vehicle, or b in any other case, with the expiry of the vehicle licence last in force for the vehicle before the date of the offence or, if there has not at any time before that date been a vehicle licence in force for the vehicle, with the date on which the vehicle was first kept by that person: Provided that, where the person convicted has been ordered to pay an amount under this section on the occasion of a previous conviction in respect of the same vehicle, and the offence then charged was committed after the date specified above for the beginning of the relevant period, that period shall begin instead with the day following that on which the former offence was committed. 3 Where the person convicted proves — a that throughout any day comprised in the relevant period the vehicle in question was not kept by him, or b that throughout any such day the vehicle in question was neither used nor kept by him on a public road and that he was exempt by virtue of section 10(2)(b) or (c) of this Act from liability under subsection (1) of that section in respect of that day, or c that throughout any such day the vehicle in question was not chargeable with duty, or d that he has paid duty in respect of the vehicle for any such day, whether or not on a licence, the said amount shall be calculated as if that day were not comprised in the relevant period. 4 In relation to any day comprised in the relevant period, the reference in subsection (2) above to the annual rate of duty appropriate to the vehicle in question is a reference to the annual rate applicable to it on that day; and, except so far as it is proved to have fallen within some other description for the whole of any such day, a vehicle shall be taken for the purposes of this section to have belonged throughout the relevant period to that description of vehicle to which it belonged for the purposes of duty at the date of the offence or, if the prosecution so elect, the date when a vehicle licence for it was last issued. 5 Where, on a person's conviction of an offence under section 8 of this Act, an order is made under Part I of the Criminal Justice Act 1948 placing him on probation or discharging him absolutely or conditionally, the foregoing provisions of this section shall apply as if the conviction were deemed to be a conviction for all purposes. 6 In the foregoing provisions of this section any reference to the expiry of a vehicle licence includes a reference to its surrender, and to its being treated as no longer in force for the purposes of section 8 of this Act by virtue of subsection (3)(a) of that section; and in the case of a conviction for a continuing offence, the offence shall be taken for the purposes of those provisions to have been committed on the date or latest date to which the conviction relates. 7 The foregoing provisions of this section shall have effect subject to the provisions (applying with the necessary modifications) of any enactment relating to the imposition of fines by magistrates' courts, other than one conferring a discretion as to their amount; and any sum payable by virtue of an order under this section shall be treated as a fine, and the order as a conviction, for the purposes of Part III of the Magistrates' Courts Act 1952 (including any enactment having effect as if contained in that Part) and of any other enactment relating to the recovery or application of sums ordered to be paid by magistrates' courts. 8 In its application to Scotland, this section shall have effect as if for subsections (5) and (7) there were substituted the following subsections respectively: — 5 Where a person is convicted on indictment of, or is charged before a court of summary jurisdiction with, an offence under section 8 of this Act, and an order is made under Part I of the Criminal Justice (Scotland) Act 1949 discharging him absolutely or placing him on probation, the foregoing provisions of this section shall apply as if the conviction on indictment were a conviction for all purposes, or, as the case may be, the making of the order by the court of summary jurisdiction were a conviction. 7 The foregoing provisions of this section shall have effect subject to the provisions (applying with the necessary modifications) of any enactment relating to the imposition of fines by courts of summary jurisdiction, other than one conferring a discretion as to their amount; and any sum payable by virtue of an order under this section shall be treated as a fine, and the order as a conviction, for the purposes of any enactment relating to the recovery or application of sums ordered to be paid by courts of summary jurisdiction. Continuous liability for duty 10 1 Subject to the provisions of this section and of section 11 of this Act, a person who for any period keeps a vehicle in respect of which duty under this Act has at any time become chargeable shall, whether or not it is still a mechanically propelled vehicle, be liable to pay duty under this Act in respect of the vehicle for that period. 2 Subject as aforesaid, a person shall not be liable by virtue of subsection (1) above to pay duty under this Act in respect of a vehicle — a for any period for which duty under this Act in respect of the vehicle has been paid and has not been repaid in consequence of the surrender of a licence ; b for any period in respect of which he has, in accordance with regulations under section 11 of this Act, given notice to the Secretary of State that the vehicle will not be used or kept on a public road ; c for any period when the vehicle is not a mechanically propelled vehicle and a notice stating that it has ceased to be such a vehicle has, in accordance with regulations under section 11 of this Act, been given to the Secretary of State and not revoked in pursuance of subsection (2) of that section ; d for any period when the vehicle is exempt from duty by virtue of section 4 or 6 or section 7 (except subsection (3)) of this Act; e for any period when he keeps the vehicle solely for the purpose of selling or supplying it in the course of his business as a motor dealer or using it under the authority of a trade licence in the course of his business as a motor trader within the meaning of section 16 of this Act; f in the case of such a vehicle as is mentioned in paragraph (c) of section 2(1) of this Act, for any period as respects which the Secretary of State is satisfied that the vehicle has not been used or kept on a public road otherwise than as authorised by a seven day licence; g for any period by reference to which there was calculated an amount ordered to be paid by him in respect of the vehicle in pursuance of section 9(1) of this Act. 3 A person shall not by virtue of subsection (2)(b) above be exempt from his liability for any period under subsection (1) above in respect of a vehicle if — a at any time during that period he or any other person with his consent uses or keeps the vehicle on a public road and no vehicle licence is in force for the vehicle at that time; or b after he has given notice under the said subsection (2)(b) in relation to the vehicle in respect of that period he applies for a vehicle licence for the vehicle to have effect on any day included in the first thirty days of that period; and for the purposes of paragraph (a) above the consent there mentioned shall be presumed to have been given unless the contrary is shown, but any use or keeping of the vehicle in question as respects which the vehicle is exempt by virtue of any enactment for the time being in force from duty under this Act shall be disregarded. 4 Sums payable in pursuance of this section by way of duty in respect of a vehicle shall accrue due from day to day at one three-hundred-and-sixty-fifth of the annual rate of duty applicable to the vehicle on that day. 5 Without prejudice to any other mode of recovering sums payable by virtue of this section, where an application for a vehicle licence for twelve months or four months for a vehicle is made by a person by whom such sums are payable in respect of the vehicle and a vehicle licence other than a temporary licence is to be issued in pursuance of the application, the licence shall, if the Secretary of State so directs but subject to subsection (6) below, be made to have effect for a shorter period specified in the direction, being a period which is not less than thirty days and is such that the difference between the amount tendered in connection with the application and the amount chargeable upon the licence for the specified period does not exceed the aggregate amount of the sums aforesaid; and the amount so chargeable shall be equal to the number of days in the specified period multiplied by — a where 'the application is for a licence for twelve months, one three-hundred-and-sixty-fifth of the annual rate of duty under this Act payable in respect of the vehicle on the date of the application ; and b where the application is for a licence for four months, eleven three-thousand-six-hundred-and-fiftieths of that rate; and where a licence is made to have effect for a specified period in pursuance of this subsection the aggregate amount of the sums aforesaid shall be treated as reduced by the difference aforesaid. 6 A person to whom a licence is issued for a period specified in a direction under subsection (5) above may appeal to the county court, or in Scotland by way of summary application to the sheriff, on the ground that the Secretary of State was not authorised by that subsection to give the direction. Provisions supplementary to s. 10 11 1 For the purposes of section 10 of this Act a vehicle in respect of which a vehicle licence has been issued and sums are payable by virtue of that section for any period shall, except so far as it is shown to have been a mechanically propelled vehicle of some other description during that period, be deemed to have belonged throughout that period to the description to which it belonged on the date when the last such licence was issued in respect of it. 2 When a vehicle in respect of which a notice has been given in pursuance of subsection (2)(c) of section 10 of this Act becomes a mechanically propelled vehicle, its keeper for the time being shall forthwith give to the Secretary of State a further notice revoking the first-mentioned notice; and where a person required to give such a further notice does not do so, then — a if he knowingly fails to give it he shall be liable on summary conviction to a fine not exceeding £50; and b in a case where he became the keeper of the vehicle after the first-mentioned notice was given it shall be deemed to have been revoked on the date when he became the keeper of the vehicle, and in any other case the first-mentioned notice shall be deemed not to have been given. 3 The Secretary of State may by regulations make such provision as he considers appropriate for the purposes of section 10(2)(b) or (c) of this Act or subsection (2) above including, without prejudice to the generality of the power conferred by this subsection, provision — a as to the form of and particulars to be included in a notice under those provisions, the manner of giving such a notice and the time at which it is to be treated as being given; b for securing that notice under the said paragraph (b) is not given in respect of a period of less than thirty days or more than twelve months; c as to the mode of calculating the period in respect of which notice under the said paragraph (b) is to be treated as given; d with respect to the mode of proving the giving of notice ; e for deeming notice to have been given in relation to a vehicle in respect of any period or at any time if in the circumstances of any particular case the Secretary of State considers it reasonable to do so. Issue, exhibition, exchange, surrender, etc. of licences Issue and exhibition of licences 12 1 Every person applying for a vehicle licence shall make such a declaration and furnish such particulars with respect to the vehicle for which the licence is to be taken out or otherwise as may be prescribed. 2 Every vehicle licence shall be issued for the vehicle specified in the application for the licence and shall not entitle the person to whom it is issued to use or keep any other vehicle. 3 The Secretary of State shall not be required to issue any vehicle licence for which application is made unless he is satisfied — i that the licence applied for is the appropriate licence for the vehicle specified in the application; and ii in the case of an application for a licence for a vehicle purporting to be the first application for a licence for the vehicle, that a licence has not previously been issued for that vehicle. 4 Subject to the provisions of regulations under this Act, and without prejudice to section 8 thereof, any person who uses or keeps on a public road any mechanically propelled vehicle on which duty under this Act is chargeable without there being fixed to and exhibited on that vehicle in the prescribed manner a licence for, or in respect of the use of, that vehicle issued under this Act and for the time being in force shall be liable on summary conviction to a fine not exceeding £20. 5 In any proceedings for an offence under subsection (4) above it shall be a defence to prove that — a while an expired vehicle licence for the vehicle was in force an application was duly made for a further vehicle licence for the vehicle to take effect from or before the expiration of the expired licence and for a period including the time in question; and b the expired licence was at that time fixed to and exhibited on the vehicle in the manner prescribed in pursuance of subsection (4) above ; and c the period between the expiration of the expired licence and that time did not exceed fourteen days. For the purposes of paragraph (a) above an application for a further licence is made when the application is received by the Secretary of State. 6 Regulations under this Act may provide for the issue of new licences in the place of licences which may be lost or destroyed, and for the fee to be paid on the issue of a new licence. 7 Any vehicle licence may be transferred in the prescribed manner. Temporary licences 13 1 Where an application is made for a vehicle licence for any period (except a seven day licence), the Secretary of State may, if he thinks fit, instead of issuing forthwith a vehicle licence for that period — a issue a vehicle licence (in this Act referred to as a " temporary licence ") for fourteen days or such other period as may be prescribed and having effect from such day as may be prescribed ; and b issue from time to time a further temporary licence in respect of the vehicle to which a previous temporary licence relates. 2 Nothing in this section shall affect the amount of any duty payable in connection with an application for a vehicle licence. 3 Where an application is made for a vehicle licence for any period and a temporary licence is issued in pursuance of the application, subsection (3)(a) of section 8 of this Act shall not apply to the first-mentioned licence if on a transfer of the relevant vehicle during the currency of the temporary licence the temporary licence is delivered with the vehicle to the transferee. Issue, etc. of temporary licences by motor dealers 14 1 The Secretary of State may by regulations make such provision as he considers appropriate with respect to the allocation of temporary licences to motor dealers who apply for such allocations and appear to the Secretary of State suitable to receive them and with respect to the issue of the licences by motor dealers. 2 Without prejudice to the generality of subsection (1) above, regulations under this section may include provision — a as to the mode of application for the allocation of licences and as to the fees payable in respect of allocations ; b specifying the categories of vehicles for which allocations of licences may be made ; c prohibiting the issue of temporary licences in pursuance of applications for trade licences or seven day licences ; d for requiring a motor dealer to pay to the Secretary of State, in respect of each licence allocated to the dealer, the excise duty chargeable in respect of the licence which will be specified in the application in consequence of which the allocated licence can be issued; e as to the replacement of allocated licences which are lost, damaged or destroyed and as to the fees payable in connection with their replacement; and f as to the transfer of licences allocated to a motor dealer in cases where the dealer dies or becomes incapacitated or bankrupt and in such other cases as may be prescribed. 3 Without prejudice to the generality of subsection (1) above, regulations under this section may also include provision for — a requiring a motor dealer to whom an allocation of licences is made to keep a record in the prescribed form of the licences allocated to him and of the licences issued by him, and to permit the record to be inspected at all reasonable times by any officer of the Secretary of State and any constable; b restricting the circumstances in which a motor dealer may issue licences; c requiring a motor dealer, before he issues a temporary licence in respect of a vehicle — i to obtain from the proposed holder of the licence an application for a vehicle licence in the prescribed form, ii to ascertain that the prescribed requirements as to test certificates and insurance are satisfied in respect of the vehicle, iii to ensure that the temporary licence is appropriate for the vehicle and takes effect on the prescribed date, and iv to make on the temporary licence, and on any copy of it specified in the regulations, such entries as the Secretary of State may determine; d requiring a motor dealer by whom a temporary licence is issued to deliver or despatch to the Secretary of State, within the prescribed period beginning with the day on which the dealer issues the licence, the prescribed particulars and documents relating to the licence and the vehicle for which it is issued ; and e securing that after any change takes effect in the rate of excise duty chargeable in respect of a vehicle licence of any description, a temporary licence previously allocated to a dealer is not issued by him in consequence of an application for a vehicle licence of that description, but that a temporary licence issued in contravention of regulations made in pursuance of the foregoing provisions of this paragraph shall not be invalid by reason only of the contravention. Provisions supplementary to s. 14 15 1 Any unissued licence allocated to a motor dealer in pursuance of section 14 of this Act may at any time be surrendered in the prescribed manner to the Secretary of State by the dealer or by any person to whom the licence has been transferred under regulations made in pursuance of subsection (2)(f) of that section. 2 A motor dealer and any other person having the custody of any unissued licence allocated to the dealer in pursuance of section 14 of this Act shall, if required to do so by the Secretary of State and subject to section 25(2) of this Act, forthwith surrender any such licence to the Secretary of State in such manner as the Secretary of State may direct; and a person who knowingly fails to comply with a requirement made by the Secretary of State under this subsection shall be liable on summary conviction to a fine of £50. 3 On the surrender of a licence in pursuance of this section the dealer or other person in question shall be entitled to be paid by the Secretary of State the amount paid by the dealer in respect of the licence under regulations made in pursuance of section 14(2)(d) of this Act. 4 Where a licence is issued by a motor dealer in contravention of regulations made in pursuance of section 14(3)(e) of this Act, the dealer shall be liable to pay to the Secretary of State a sum equal to the amount (if any) by which the amount paid by the dealer as mentioned in subsection (3) above is exceeded by the amount which would have been so paid if the allocation of the licence to the dealer had taken place at the time when the licence was issued. Trade licences 16 1 If a motor trader or a vehicle tester applies in the prescribed manner to the Secretary of State to take out a licence under this section (in this Act referred to as a " trade licence ") — i in the case of a motor trader, for all mechanically propelled vehicles which are from time to time temporarily in his possession in the course of his business as a motor trader and all recovery vehicles kept by him for the purpose of dealing with disabled vehicles in the course of that business; or ii in the case of a vehicle tester, for all mechanically propelled vehicles which are from time to time submitted to him for testing in the course of his business as a vehicle tester; or iii in the case of a motor trader who is a manufacturer of mechanically propelled vehicles, for all vehicles kept and used by him solely for purposes of conducting research and development in the course of his business as such a manufacturer, the Secretary of State may, subject to the prescribed conditions, issue to him a trade licence on payment of duty at the rate applicable to the licence in accordance with the following provisions of this section : Provided that the holder of a trade licence shall not be entitled by virtue of that licence — a to use more than one mechanically propelled vehicle at any one time, except in the case of a recovery vehicle drawing a disabled vehicle ; or b to use any vehicle for any purpose other than such purposes as may be prescribed ; or c to keep any vehicle on a road if it is not being used thereon. 2 Regulations shall be made under this section prescribing the conditions subject to which trade licences are to be issued and the purposes for which the holder of a trade licence may use a vehicle under the licence. 3 The purposes which may be prescribed as those for which the holder of a trade licence may use a vehicle under the licence shall not include the conveyance of goods or burden of any description other than — a a load which is carried solely for the purpose of testing or demonstrating the vehicle or any of its accessories or equipment and which is returned to the place of loading without having been removed from the vehicle except for such purpose or in the case of accident; or b in the case of a recovery vehicle, any such load as is referred to in the definition of such a vehicle contained in subsection (8) below or a load consisting of a disabled vehicle; or c any load built in as part of the vehicle or permanently attached thereto; or d a load consisting of parts, accessories or equipment designed to be fitted to the vehicle and of tools for so fitting them; or e a load consisting of a trailer; and, for the purposes of this subsection, where a vehicle is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, the vehicle and the trailer shall be deemed to constitute a single vehicle. 4 A trade licence may be taken out — a for a period of twelve months ; or b except in the case of a licence which is to be used only for vehicles to which Schedule 1 to this Act relates, for a period of four months; and shall first have effect on the day specified by the applicant in the application for the licence. 5 The rate of duty applicable to a trade licence taken out for a period of twelve months shall be £15 or, if the licence is to be used only for vehicles to which Schedule 1 to this Act relates, £2.50; and the rate of duty applicable to a licence taken out for a period of four months shall be eleven thirtieths of the rate applicable to the corresponding trade licence taken out for a period of twelve months, any fraction of 5p being treated as 5p if it exceeds 2-5p but otherwise being disregarded. 6 Nothing in this section shall operate to prevent a person entitled to take out a trade licence from holding two or more trade licences. 7 If any person holding a trade licence or trade licences issued under this section uses on a public road by virtue of that licence or those licences — i a greater number of vehicles at any one time than he is authorised to use by virtue of that licence or those licences; or ii any vehicle for any purpose other than such purposes as may have been prescribed under subsection (2) above; or if that person uses that licence or any of those licences for the purpose of keeping on a road a vehicle which is not being used on that road, he shall be liable to the greater of the following penalties, namely — a an excise penalty of £50; or b an excise penalty equal to five times the amount of the duty chargeable in respect of the vehicle or vehicles. The amount of the duty chargeable in respect of a vehicle shall be calculated for the purposes of this subsection in the same manner as it is calculated for the purposes of section 8 of this Act by virtue of subsection (3) thereof. 8 In this section — " motor trader " means a manufacturer or repairer of, or dealer in, mechanically propelled vehicles; and a person shall be treated for the purposes of this section as a dealer in such vehicles if he carries on a business consisting wholly or mainly of collecting and delivering mechanically propelled vehicles, and not including any other activities except activities as a manufacturer or repairer of, or dealer in, such vehicles ; " vehicle tester " means a person, other than a motor trader, who regularly in the course of his business engages in the testing on roads of mechanically propelled vehicles belonging to other persons; and " recovery vehicle " means a vehicle on which there is mounted, or which is drawing, or which is carrying as part of its equipment, apparatus designed for raising a disabled vehicle wholly or partly from the ground or for drawing a disabled vehicle when so raised, and which is not used for the conveyance of goods other than a disabled vehicle wholly raised by that apparatus, and which carries no other load than articles required for the operation of, or in connection with, that apparatus or otherwise for dealing with disabled vehicles. Surrender of licences 17 1 The holder of a licence (other than a licence for a tramcar) — a may at any time surrender the licence to the Secretary of State in the prescribed manner; and b shall on so surrendering the licence be entitled, if he satisfies the prescribed requirements and subject to the following provisions of this section, to receive from the Secretary of State, by way of rebate of duty paid upon the surrendered licence, a sum equal to the relevant amount multiplied by the number of days in the relevant period: Provided that no sum shall be payable under this subsection in a case where the relevant period is less than thirty days. 2 In this section " the relevant amount", in relation to a surrendered licence, means one three-hundred-and-sixty-fifth of the annual rate by reference to which duty was charged upon the licence and " the relevant period", in relation to a surrendered licence, means the period beginning with the day following that on which the licence is received by the Secretary of State in pursuance of paragraph (a) of subsection (1) above and ending with the day on which the licence would have expired by the effluxion of time. The Secretary of State may, for the purposes of this subsection, treat a surrendered licence delivered to him by post as received by him on the day on which it was posted. 3 If during the currency of a temporary licence issued in pursuance of an application for a vehicle licence for any period, the temporary licence is surrendered under this section, it shall be treated for the purposes of this section as issued for that period or, if the Secretary of State so directs but subject to subsection (4) below, for any other period specified in the direction being a period for which by virtue of section 10(5) of this Act a vehicle licence could be issued in pursuance of the application; and where a further vehicle licence issued in pursuance of the application is held by any person at the time of the surrender of the temporary licence or is received by him thereafter — a the further licence shall cease to be in force and he shall forthwith return it to the Secretary of State and shall, if he knowingly fails to do so, be liable on summary conviction to a fine not exceeding £50 ; and b if the Secretary of State considers that there has been undue delay in complying with paragraph (a) above he may, without prejudice to any liability under that paragraph, reduce the relevant period by such number of days as he thinks fit for the purpose of calculating the sum payable in pursuance of subsection (1) above in respect of the surrendered temporary licence. 4 A person who in pursuance of this section is paid a sum which was calculated by reference to a period specified in a direction under subsection (3) above may appeal to the county court, or in Scotland by way of summary application to the sheriff, on the ground that the Secretary of State was not authorised by that subsection to give the direction. Alteration of vehicle or of its use 18 1 Subject to the provisions of this section, where a vehicle licence has been taken out for a vehicle at any rate under this Act and the vehicle is at any time while the licence is in force used in an altered condition or in a manner or for a purpose which brings it within, or which if it was used solely in that condition or in that manner or for that purpose would bring it within, a description of vehicle to which a higher rate of duty is applicable under this Act, duty at that higher rate shall become chargeable in respect of the licence for the vehicle. 2 Where duty at a higher rate becomes chargeable under subsection (1) above in respect of any vehicle licence, the licence may be exchanged for a new vehicle licence, for the period beginning with the date on which the higher rate of duty becomes chargeable and expiring at the end of the period for which the original vehicle licence was issued, on payment of the appropriate proportion of the difference between — a the amount payable under this Act on the original vehicle licence; and b the amount payable under this Act on a vehicle licence taken out for the period for which the original licence was issued but at the higher rate of duty, that amount being calculated, if that rate has been changed since the issue of the original licence, as if that rate had been in force at all material times at the level at which it is in force when it becomes chargeable. 3 For the purposes of subsection (2) above the appropriate proportion is the proportion which the number of days in the period beginning when the higher rate of duty becomes chargeable and ending with the end of the period for which the original licence was issued bears to the number of days in the whole of the last-mentioned period, that period being treated as 365 days in the case of a licence for twelve months and 120 days in the case of a licence for four months. 4 Where a vehicle licence has been taken out for a vehicle, and by reason of the vehicle being used as mentioned in subsection (1) above, a higher rate of duty becomes chargeable and duty at the higher rate was not paid before the vehicle was so used, the person so using the vehicle shall be liable to the greater of the following penalties, namely — a an excise penalty of £50; or b an excise penalty of an amount equal to five times the difference between the duty actually paid on the licence and the amount of the duty at that higher rate. 5 Where a vehicle licence has been taken out for a vehicle of a certain description, duty at a higher rate applicable to vehicles of some other description shall not become chargeable in respect of the vehicle by reason of the vehicle being used as mentioned in subsection (1) above, unless the vehicle as used while the said licence is in force satisfies all the conditions which must be satisfied in order to bring the vehicle for the purposes of the charge of duty under this Act into the said other description of vehicles 6 Where duty has been paid in respect of a vehicle at a rate applicable under Schedule 4 to this Act, then, so long as the vehicle is to a substantial extent being used for the conveyance of goods or burden belonging to a particular person (whether the person keeping the vehicle or not), duty at a higher rate shall not become chargeable in respect of the vehicle by reason only that it is used for the conveyance without charge in the course of their employment of employees of the person aforesaid. 7 Where duty has been paid in respect of a vehicle at a rate applicable to farmers' goods vehicles under Schedule 4 to this Act, duty at a higher rate shall not become chargeable in respect of the vehicle by reason only that, on an occasion when the vehicle is being used by the person in whose name it is registered under this Act for the purpose of the conveyance of the produce of, or of articles required for the purposes of, the agricultural land which he occupies, it is also used for the conveyance for some other person engaged in agriculture of the produce of, or of articles required for the purposes of, the agricultural land occupied by that other person, if it is shown — a that the vehicle is so used only occasionally; b that the goods conveyed for that other person represent only a small proportion of the total amount of goods which the vehicle is conveying on that occasion; and c that no payment or reward of any kind is, or is agreed to be, made or given for the conveyance of the goods of that other person. 8 Where duty has been paid in respect of a vehicle at a rate applicable to farmers' goods vehicles under Schedule 4 to this Act, duty at a higher rate shall not become chargeable in respect of the vehicle by reason only that, during such periods and in such areas as may be specified by order of the Treasury made by statutory instrument, it is used, whether or not by the person in whose name it is registered under this Act, for any such purpose as is specified in the order. An order under this subsection may be revoked or varied by a subsequent order of the Treasury. 9 Subsection (8) above shall continue in force until such date as Her Majesty may by Order in Council determine. Registration and registration marks, etc. Registration and registration marks 19 1 It shall be the duty of the Secretary of State — a on the first issue by him of a vehicle licence for a vehicle; or b where particulars in respect of the vehicle are furnished to him by a motor dealer in pursuance of section 20 of this Act before the Secretary of State first issues a vehicle licence for the vehicle, on receiving the said particulars, to register the vehicle in such manner as the Secretary of State thinks fit without any further application in that behalf by the person taking out the licence and, except where the Secretary of State registers the vehicle on receiving the said particulars, to assign to the vehicle a registration mark indicating the registered number of the vehicle. 2 The registration mark assigned to a vehicle under this section shall be fixed in the prescribed manner on the vehicle, or on any other vehicle drawn by that vehicle, or on both. Issue, etc., of vehicle registration marks by motor dealers 20 1 The Secretary of State may by regulations make such provision as he considers appropriate with respect to the allocation of registration marks for vehicles to motor dealers who apply for such allocations and appear to the Secretary of State suitable to receive them and with respect to the assigning of the marks to vehicles by motor dealers. 2 Without prejudice to the generality of subsection (1) above, regulations under this section may include provision — a as to the mode of application for the allocation of registration marks; b as to the transfer of registration marks allocated to a motor dealer in cases where the dealer dies or becomes incapacitated or bankrupt and in such other cases as may be prescribed ; and c subject to section 25(2) of this Act, as to the cancellation of allocations of registration marks. 3 Without prejudice to the generality of subsection (1) above, regulations under this section may also include provision for — a restricting the circumstances in which a motor dealer may assign a registration mark to a vehicle ; b securing that registration marks allocated to a dealer are assigned by him in such sequence as the Secretary of State considers appropriate and that no registration mark is assigned to a vehicle to which such a mark has already been assigned ; and c requiring a motor dealer to furnish the Secretary of State within the prescribed period with the prescribed particulars in respect of each vehicle to which the dealer assigns a registration mark. 4 A registration mark assigned to a vehicle in pursuance of this section shall be deemed to be assigned to it under section 19 of this Act. Distinctive signs for hackney carriages 21 On every mechanically propelled vehicle which is chargeable with duty as a hackney carriage there shall, subject to the prescribed exceptions, be exhibited, in conjunction with the mark required under section 19 of this Act to be fixed on the vehicle, a distinctive sign indicating — a that the vehicle is a hackney carriage ; and b the number of persons for which the vehicle has seating capacity; and regulations under this Act shall provide for such signs to be exhibited as aforesaid. Failure to fix, and obscuration of, marks and signs 22 1 If any mark to be fixed or sign to be exhibited on a vehicle in accordance with section 19 or 21 of this Act is not so fixed or exhibited, the person driving the vehicle, or, where the vehicle is not being driven, the person keeping the vehicle, shall be guilty of an offence: Provided that it shall be a defence for a person charged under this subsection with failing to fix a mark on a vehicle to prove — a that he had no reasonable opportunity of registering the vehicle under this Act and that the vehicle was being driven on a public road for the purpose of being so registered; or b in a case where the charge relates to a vehicle to which section 4(1) of the Road Traffic (Amendment) Act 1967 applies (vehicles manufactured before beginning of prescribed period to which section 4(1) extends the provisions of section 66 of the Road Traffic Act 1960 prohibiting the use on roads of certain vehicles without a test certificate), that he had no reasonable opportunity of so registering the vehicle and that the vehicle was being driven on a road for the purposes of or in connection with its examination under section 65 of the said Act of 1960 (examination for test certificates) in circumstances in which its use is exempted from the said section 66(1) by regulations under section 66(4) thereof. 2 If any mark fixed or sign exhibited on a vehicle as aforesaid is in any way obscured or rendered or allowed to become not easily distinguishable, the person driving the vehicle, or, where the vehicle is not being driven, the person keeping the vehicle, shall be guilty of an offence: Provided that it shall be a defence for a person charged with such an offence to prove that he took all steps reasonably practicable to prevent the mark or sign being obscured or rendered not easily distinguishable. 3 Any person guilty of an offence under this section shall be liable on summary conviction — a if it is his first conviction of such an offence, to a fine not exceeding £20; b in any other case, to a fine not exceeding £50. Regulations with respect to the transfer and identification of vehicles 23 Regulations under this Act may — a require a person who becomes or ceases to be the keeper of a mechanically propelled vehicle, or who acts as the auctioneer at the sale of such a vehicle by auction, to furnish the prescribed information to the Secretary of State in the prescribed manner ; b specify the size, shape and character of the registration marks or the signs to be affixed to any such vehicle (including a vehicle used by virtue of a trade licence) and the manner in which the marks or signs are to be displayed and rendered easily distinguishable by day and by night; c make provision for the issue of trade plates to holders of trade licences and for the charging of a fee for the replacement of such plates by reason of damage to them or of their loss or destruction ; d make provision with respect to the furnishing of information and production of certificates of insurance or security and test certificates relating to mechanically propelled vehicles in respect of which duty is not chargeable under this Act and with respect to the registration and identification of such vehicles (including vehicles belonging to the Crown); e make provision with respect to the inspection and surrender of any registration document issued in respect of a vehicle and provide that, in a case where the surrender of such a document is required in connection with an application for a licence under this Act, the licence shall not be issued if the document is not surrendered; f make provision with respect to the replacement of any such document and as to the fee payable in prescribed circumstances in respect of any replacement; and g provide for information contained in any records maintained by the Secretary of State with respect to the marking, registration or keeping of vehicles to be made public or to be made available, either without payment or on payment of the prescribed fee, to such persons as may be determined by or under the regulations. Regulations under this section which require a person to furnish information relating to vehicles exempted from duty by virtue of section 7(2) of this Act may require him to furnish in addition such evidence of the facts giving rise to the exemption as is prescribed by the regulations. Miscellaneous Marking of engines and bodies 24 1 The Secretary of State may by regulations make such provision as he thinks appropriate with respect to the marking of the engines and bodies of mechanically propelled vehicles. 2 Without prejudice to the generality of subsection (1) above regulations under this section may include provision — a as to the persons by whom and the times at which engines and bodies of vehicles are to be marked; b as to the form of any mark and the manner and position in which it is to be made ; and c for requiring particulars of marks made in pursuance of the regulations to be furnished to the Secretary of State. Review of Secretary of State's decisions relating to motor traders, etc. 25 1 If the Secretary of State — a rejects an application by a motor dealer for an allocation of temporary licences or registration marks in pursuance of this Act; or b requires a motor dealer or any other person to surrender any unissued temporary licences allocated to the dealer in pursuance of this Act or cancels an allocation of registration marks made to a dealer in pursuance of this Act; or c refuses an application for a trade licence made by a motor trader or vehicle tester within the meaning of section 16 of this Act, and the dealer, trader, tester or other person in question requests the Secretary of State within the prescribed period to review his decision, it shall be the duty of the Secretary of State to comply with the request and, in doing so, to consider any representations made to him in writing within the period aforesaid by the person who made the request. 2 Such a requirement or cancellation as is mentioned in subsection (1)(b) above shall not take effect before the expiration of the period aforesaid and, where during that period a request is made in pursuance of that subsection in respect of the requirement or cancellation, shall not take effect before the Secretary of State gives notice in writing of the result of the review to the person who made the request. For the purposes of this subsection a notice may be given to any person by delivering it to him or by leaving it at his proper address or by sending it to him by post; and for the purposes of this subsection and section 26 of the Interpretation Act 1889 in its application to this subsection the proper address of any person shall be his latest address as known to the person giving the notice. Forgery and false information 26 1 If any person forges or fraudulently alters or uses, or fraudulently lends or allows to be used by any other person — a any mark to be fixed or sign to be exhibited on a mechanically propelled vehicle in accordance with section 19 or 21 of this Act; or b any trade plates or replacements such as are mentioned in section 23(c) of this Act; or c any licence or registration document under this Act, he shall be liable on summary conviction to a fine not exceeding £200 or on conviction on indictment to imprisonment for a term not exceeding two years. 2 Any person who — a in connection with an application for a licence or for the allocation of temporary licences or registration marks makes a declaration which to his knowledge is false or in any material respect misleading; or b being required by virtue of this Act to furnish particulars relating to, or to the keeper of, any vehicle, furnishes any particulars which to his knowledge are false or in any material respect misleading, shall be liable on summary conviction to a fine not exceeding £200 or on conviction on indictment to imprisonment for a term not exceeding two years. Duty to give information 27 1 Where it is alleged that a mechanically propelled vehicle has been used or kept in contravention of section 8, 16(7) or 18(4) of this Act — a the person keeping the vehicle shall give such information as he may be required by or on behalf of a chief officer of police or the Secretary of State to give as to the identity of the person or persons concerned and, if he fails to do so, shall be guilty of an offence unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained the identity of the person or persons concerned; b any other person shall, if required as aforesaid, give such information as it is in his power to give and which may lead to the identification of any of the persons concerned and, if he fails to do so, shall be guilty of an offence; and c in a case where it is alleged that the vehicle has been used at any time in contravention of the said section 8, the person who is alleged to have so used the vehicle shall, if required as aforesaid, give such information as it is in his power to give as to the identity of the person by whom the vehicle was kept at that time and, if he fails to do so, shall be guilty of an offence. 2 The following persons shall be treated for the purposes of subsection (1)(a) and (b) above as persons concerned, that is to say — a in relation to an alleged offence of using a vehicle in contravention of section 8, 16(7) or 18(4) of this Act, both the driver and any person using the vehicle; b in relation to an alleged offence of keeping the vehicle in contravention of the said section 8, the person keeping the vehicle. 3 A person guilty of an offence under subsection (1) of this section shall be liable on summary conviction to a fine not exceeding £50. Legal proceedings etc. Institution and conduct of proceedings in England and Wales 28 1 Subject to the provisions of this section, summary proceedings for an offence under section 8, 11(2), 16(7), 18(4) or 26(1) or (2) of this Act or under regulations made in pursuance of this Act may be instituted in England and Wales by the Secretary of State or a constable (in this section severally referred to as " the authorised prosecutor ") at any time within six months from the date on which evidence sufficient in the opinion of the authorised prosecutor to warrant the proceedings came to his knowledge; but no proceedings for any offence shall be instituted by virtue of this subsection more than three years after the commission of the offence. 2 No proceedings for an offence under section 8, 16(7) or 18(4) of this Act shall be instituted in England and Wales except by the authorised prosecutor; and no proceedings for such an offence shall be so instituted by a constable except with the approval of the Secretary of State. 3 A certificate stating — a the date on which such evidence as is mentioned in subsection (1) above came to the knowledge of the authorised prosecutor ; or b that the Secretary of State's approval is given for the institution by a constable of any proceedings specified in the certificate, and signed by or on behalf of the authorised prosecutor or, as the case may be, the Secretary of State shall for the purposes of this section be conclusive evidence of the date or approval in question; and a certificate purporting to be given in pursuance of this subsection and to be signed as aforesaid shall be deemed to be so signed unless the contrary is proved. 4 In a magistrates' court or before the registrar of a county court any proceedings by or against the Secretary of State under this Act may be conducted on behalf of the Secretary of State by a person authorised by him for the purposes of this subsection. 5 Section 281 of the Customs and Excise Act 1952 (which restricts the bringing of proceedings under that Act) and section 283(1) of that Act (which extends the time for bringing such proceedings) shall not apply to proceedings in England or Wales for offences under this Act. Institution and conduct of proceedings in Scotland 29 1 Subject to the provisions of this section, summary proceedings for an offence under this Act except under section 26(1) or (2) thereof may be instituted in Scotland by the Secretary of State. 2 Notwithstanding the provisions of any enactment, the Secretary of State may institute proceedings by virtue of subsection (1) above in any court of summary jurisdiction in Scotland. 3 Any proceedings in any court in Scotland, other than the High Court of Justiciary or the Court of Session, by or against the Secretary of State under this Act may be conducted on behalf of the Secretary of State by any person authorised by him for the purposes of this subsection. 4 Summary proceedings in Scotland in respect of an offence under section 8, 11(2), 16(7), 18(4) or 26(1) or (2) of this Act or under regulations made in pursuance of this Act shall not be commenced more than three years after the commission of the offence, but subject to the foregoing limitation and notwithstanding anything in section 23 of the Summary Jurisdiction (Scotland) Act 1954 (limitation of time for proceedings in statutory offences) any such proceedings may be commenced — a in the case of proceedings instituted by the procurator fiscal as a result of information supplied to him by the Secretary of State, at any time within six months from the date on which such information came to the knowledge of the Secretary of State ; b in any other case, at any time within six months from the date on which evidence sufficient in the opinion of the person instituting the proceedings to justify proceedings came to his knowledge, and subsection (2) of the said section 23 shall apply for the purposes of this subsection as it applies for the purposes of that section. 5 For the purposes of subsection (4) above a certificate signed — a in the case of any such proceedings as are mentioned in paragraph (a) of that subsection, by or on behalf of the Secretary of State; b in any other case, by or on behalf of the person instituting the proceedings, and stating the date on which such information or, as the case may be, such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be signed by or on behalf of the Secretary of State or that person shall be deemed to be so signed unless the contrary is proved. Limitation on the bringing of proceedings for recovery of underpayments and overpayments of duty 30 1 Where the amount of the duty which has been paid on a vehicle licence for a vehicle is less than the amount payable on the licence appropriate to that vehicle, the Secretary of State may take proceedings for the recovery of that amount at any time before the expiration of the twelve months beginning with the end of the period in respect of which the licence was taken out. 2 No proceedings shall be brought for enforcing any repayment of duty to which a person may be entitled in respect of any overpayment of duty made on a vehicle licence taken out by him, unless the proceedings are brought before the expiration of the twelve months beginning with the end of the period in respect of which the licence was taken out. Admissibility of records as evidence 31 1 A statement contained in a document purporting to be — a a part of the records maintained by the Secretary of State in connection with any functions exercisable by the Secretary of State by virtue of this Act; or b a copy of a document forming part of those records; or c a note of any information contained in those records, and to be authenticated by a person authorised in that behalf by the Secretary of State shall be admissible in any proceedings as evidence of any fact stated therein to the same extent as oral evidence of that fact is admissible in those proceedings. 2 In subsection (1) above " document" and " statement" have the same meanings as in subsection (1) of section 10 of the Civil Evidence Act 1968, and the reference to a copy of a document shall be construed in accordance with subsection (2) of that section; but nothing in this subsection shall be construed as limiting to civil proceedings the references to proceedings in subsection (1) above. 3 Nothing in the foregoing provisions of this section shall enable evidence to be given with respect to any matter other than a matter of the prescribed description. 4 In its application to Scotland this section shall have effect as if — a in subsection (1), for the words from " as evidence " onwards there were substituted the words " as sufficient evidence of any fact stated therein, so however that nothing in this subsection shall be deemed to make such a statement evidence in any proceedings except where oral evidence to the like effect would have been admissible in those proceedings " ; and b in subsection (2), for the references to subsections (1) and (2) of section 10 of the Civil Evidence Act 1968 there were substituted references to subsections (3) and (4) respectively of section 17 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968. Evidence of admissions in certain proceedings 32 Where in any proceedings in England and Wales for an offence under section 8 or section 16(7) of this Act — a it is proved to the satisfaction of the court, on oath or in manner prescribed by rules made under section 15 of the Justices of the Peace Act 1949, that a requirement under section 27(1)(a) or (b) of this Act to give information as to the identity of the driver of, or the person using or keeping, a particular vehicle on the particular occasion on which the offence is alleged to have been committed has been served on the accused by post; and b a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of, or the person using or keeping, that vehicle on that occasion, the court may accept the statement as evidence that the accused was the driver of, or the person using or keeping, that vehicle on that occasion. Burden of proof in certain proceedings 33 If in any proceedings under section 8, 16(7) or 26(2) of this Act any question arises — a as to the number of mechanically propelled vehicles used, or b as to the character, weight, horse-power or cylinder capacity of any mechanically propelled vehicle, or c as to the number of persons for which a mechanically propelled vehicle has seating capacity, or d as to the purpose for which any mechanically propelled vehicle has been used, the burden of proof in respect of the matter in question shall lie on the defendant. Fixing of amount payable under s. 9 on pleas of guilty by absent accused 34 Where in pursuance of section 1(2) of the Magistrates' Courts Act 1957 a person is convicted in his absence of an offence under section 8 of this Act and it is proved to the satisfaction of the court, on oath or in the manner prescribed by rules made under section 15 of the Justices of the Peace Act 1949, that there was served on the accused with the summons a notice stating that, in the event of his being convicted of the offence, it will be alleged that an order requiring him to pay an amount specified in the notice falls to be made by the court in pursuance of section 9(1) of this Act then, unless in the notification purporting to be given by or on behalf of the accused in pursuance of the said section 1(2) it is stated that the amount so specified is inappropriate, the court shall proceed in pursuance of the said section 9(1) as if that amount had been calculated as required by that subsection. Application of fines, penalties and forfeitures 35 1 All sums paid to the Secretary of State under section 27 of the Justices of the Peace Act 1949 in respect of fines imposed, or penalties or forfeitures recovered, under or in pursuance of this Act by or before a magistrates' court in England and Wales shall be deemed to be Exchequer moneys within the meaning of the said section 27. 2 All fines imposed and penalties and forfeitures recovered under or in pursuance of this Act in England and Wales otherwise than by or before a magistrates' court, and all fines imposed, and penalties and forfeitures recovered, under or in pursuance of this Act in Scotland, shall be paid into the Consolidated Fund. 3 Section 287 of the Customs and Excise Act 1952 (which relates to the application of penalties) shall not apply to penalties recovered under or in pursuance of this Act. Supplementary Fractions of a new penny 36 1 Subject to subsection (2) below, for the purpose of calculating any amount due on or after 15th February 1971 from or to any person under any provision of this Act any fraction of a new penny in that amount shall be disregarded. 2 Subsection (1) above shall not apply for the purpose of calculating any amount due under any provision of section 2(4) or 16(5) of this Act relating to the duty on a vehicle licence or trade licence for a period of less than twelve months. Regulations 37 1 Regulations under this Act may be made generally for the purpose of carrying this Act (except section 31) into effect and may — a make different provision for different circumstances ; b provide for exemptions from any provisions of the regulations; and c contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations ; and nothing in any other provision of this Act shall be construed as prejudicing the generality of the foregoing provisions of this subsection. 2 Regulations under this Act may contain provisions prescribing any matter which is to be prescribed under this Act, but any fee prescribed under this Act, except a fee for which provision is made by section 23(c) thereof, shall be of an amount approved by the Treasury. 3 Regulations under this Act except regulations under section 2(5) or 11(3) may provide that a person who contravenes or fails to comply with any specified provision of the regulations shall be guilty of an offence and a person guilty of such an offence shall be liable on summary conviction to a fine of an amount not exceeding — a in the case of regulations made under section 24 or of a contravention or failure to comply with requirements imposed in pursuance of section 23(a) of this Act, £50 ; b in any other case, £20. 4 Any power to make regulations which is exercisable by the Secretary of State by virtue of section 11(3), 14, 15(1), 17(1), 20, 23 or 24 of this Act includes power to provide by the regulations that any document for which provision is made by the regulations shall be in such form and contain such particulars as may be specified by a person specified in the regulations. 5 Any power to make regulations conferred on the Secretary of State by this Act shall be exercisable by statutory instrument which, except in the case of a statutory instrument containing only regulations made under section 7(4) or (5) or 38(5) of this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament. Interpretation 38 1 In this Act, unless the context otherwise requires — " gas " means any fuel which is wholly gaseous at a temperature of 60 degrees Fahrenheit under a pressure of 30 inches of mercury ; " hackney carriage " means a mechanically propelled vehicle standing or plying for hire, and includes any mechanically propelled vehicle let for hire by a person whose trade it is to sell mechanically propelled vehicles or to let mechanically propelled vehicles for hire, so however that for the purposes of this definition a letting under a hire-purchase agreement (as defined in section 1 of the Hire-Purchase Act 1965 or section 1 of the Hire-Purchase (Scotland) Act 1965) shall not be treated as a letting for hire; " licence " means a vehicle licence or a trade licence ; " motor dealer " means a person carrying on the business of selling or supplying mechanically propelled vehicles; " prescribed " means prescribed by regulations made by the Secretary of State ; " public road " means a road which is repairable at the public expense; " seven day licence " has the meaning assigned to it by section 2(1)(c) of this Act; " temporary licence " has the meaning assigned to it by section 13(1) of this Act; " trade licence " means a licence issued under section 16(1) of this Act; and " transfer date " has the same meaning as in the Vehicle and Driving Licences Act 1969, that is to say, such date as the Secretary of State may by order appoint for the purposes of section 1(1) of that Act; " vehicle licence " means a licence under this Act for a mechanically propelled vehicle. 2 For the purposes of any provision of this Act and any subsequent enactment relating to the keeping of mechanically propelled vehicles on public roads, a person keeps such a vehicle on a public road if he causes it to be on such a road for any period, however short, when it is not in use there. 3 A mechanically propelled vehicle shall not be treated as an electrically propelled vehicle for the purposes of this Act unless the electrical motive power is derived either from a source external to the vehicle or from any electrical storage battery which is not connected to any source of power when the vehicle is in motion. 4 References in this Act to the unladen weight of any mechanically propelled vehicle shall be construed in accordance with the provisions of Schedule 6 to this Act. 5 The unit of horse-power or cylinder capacity for the purposes of any rate of duty under this Act shall be calculated in accordance with regulations under this Act. 6 References in this Act to any enactment shall be construed, unless the context otherwise requires, as references to that enactment as amended by or under any other enactment. Transitional provisions, savings, repeals and revocation 39 1 This Act shall have effect subject to the modifications specified in Part I of Schedule 7 thereto (being modifications required during the transition to the provisions of this Act from the law in force at the passing of this Act relating to the system of vehicle licensing and registration). 2 The modifications of this Act so specified shall cease to have effect on such day as the Secretary of State may appoint by order made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and different days may be appointed under this subsection for different modifications so specified or for different modifications so far as they apply to such cases only as may be specified in the order. 3 Where during the period between the passing and the commencement of this Act any provision of the Vehicle and Driving Licences Act 1969 is brought into force and either — a this Act or any provision thereof is by virtue of subsection (1) above and any modifications specified in Part I of Schedule 7 thereto directed to have effect as if the corresponding provision of this Act were omitted; or b there would be at the commencement of this Act, if the power given by this subsection were not exercised, any other inconsistency in effect between the provision of any enactment repealed by this Act and the corresponding provision of this Act, the Secretary of State may, without prejudice to section 37 of the Interpretation Act 1889 (exercise of statutory powers before commencement of Acts), exercise the power given him by subsection (2) above at any time after the passing of this Act. 4 The other transitional provisions and savings contained in Part II of Schedule 7 to this Act shall have effect. 5 The enactments specified in Part I of Schedule 8 to this Act are hereby repealed to the extent specified in the third column of that Schedule; and the order specified in Part II of that Schedule is hereby revoked. 6 The provisions of Part II of Schedule 7 to this Act shall not be taken as prejudicing the operation of section 38 of the Interpretation Act 1889 (which relates to the effect of repeals). Short title, commencement and extent 40 1 This Act may be cited as the Vehicles (Excise) Act 1971. 2 This Act except section 39(2) and (3) and this section shall come into force on the transfer date. 3 This Act does not extend to Northern Ireland. SCHEDULES SCHEDULE 1 Annual Rates of Duty on Certain Vehicles not Exceeding 8 cwt. in Weight Unladen Section 1. PART I 1 Subject to paragraph 2 below, the annual rate of duty applicable to a mechanically propelled vehicle of a description specified in the first column of Part II of this Schedule, being a vehicle which does not exceed 8 hundredweight in weight unladen, shall be the rate specified in relation to vehicles of that description in the second column of the said Part II. 2 Where a bicycle the cylinder capacity of whose engine exceeds 250 cubic centimetres — a is one for which a licence was taken out before the beginning of the year 1933, and b does not exceed 224 pounds in weight unladen, it shall be treated for the purposes of this Schedule as having an engine of cylinder capacity exceeding 150, but not exceeding 250, cubic centimetres. 3 In this Schedule — " bicycle " includes a motor scooter, a bicycle with an attachment for propelling it by mechanical power and a bicycle to which a side-car is attached ; " tricycle " includes a motor scooter and a tricycle with an attachment for propelling it by mechanical power. PART II Description of vehicle Rate of duty £ 1. Bicycles and tricycles of which the cylinder capacity of the engine does not exceed 150 cubic centimetres; electrically propelled bicycles; electrically propelled tricycles which do not exceed 165 pounds in weight unladen 2.50 2. Bicycles of which the cylinder capacity of the engine exceeds 150 cubic centimetres but does not exceed 250 cubic centimetres; tricycles (other than those in the foregoing paragraph) and vehicles (other than mowing machines) with more than three wheels, being tricycles and vehicles neither constructed nor adapted for use nor used for the carriage of a driver or passenger 5.00 3. Bicycles and tricycles not in the foregoing paragraphs 10.00 SCHEDULE 2 Annual Rates of Duty on Hackney Carriages Section 1. PART I 1 The annual rate of duty applicable to a hackney carriage of any description shall, subject to paragraph 3 below, be the rate specified in relation to carriages of that description in the second column of Part II of this Schedule. 2 For the purposes of this Schedule, the seating capacity of a vehicle shall be determined in accordance with regulations under this Act. 3 Where a hackney carriage is partly used for private purposes, that is to say, otherwise than for the purpose of carrying passengers for hire or reward or of being let for hire, duty shall (if apart from this paragraph it would be less) be chargeable by virtue of this Schedule at a rate equal to that which would be chargeable in respect of that hackney carriage if Schedule 5 to this Act were applicable to it instead of this Schedule. 4 Duty shall not be chargeable by virtue of this Schedule in respect of a vehicle chargeable with duty by virtue of Schedule 1 to this Act. PART II Description of vehicle Rate of duty £ 1. Hackney carriages being tramcars 0.75 2. Other hackney carriages 12.00 with an additional 50p for each person above 20 (excluding the driver) for which the vehicle has seating capacity. SCHEDULE 3 Annual Rates of Duty on Tractors, etc. Section 1. PART I 1 The annual rate of duty applicable to a mechanically propelled vehicle of a description specified in the first column of Part II of this Schedule shall, according to the unladen weight of the vehicle as set out in the second and third columns of that Table, be the initial rate specified in relation to vehicles of that description and that weight in the fourth column of that Table together with any additional rate so specified in the fifth column of that Table. 2 1 In this Schedule "agricultural machine" means a locomotive ploughing engine, tractor, agricultural tractor or other agricultural engine which is not used on public roads for hauling any objects, except as follows, that is to say — a for hauling its own necessary gear, threshing appliances, farming implements, a living van for the accommodation of persons employed in connection with the vehicle, or supplies of water or fuel required for the purposes of the vehicle or for agricultural purposes ; b for hauling, from one part of a farm to another part of that farm, agricultural or woodland produce of, or articles required for, the farm ; c for hauling, within 15 miles of a farm in the occupation of the person in whose name the vehicle is registered under this Act, agricultural or woodland produce of that farm, or agricultural or woodland produce of land occupied with that farm, or fuel required for any purpose on that farm or for domestic purposes by persons employed on that farm by the occupier of the farm ; d for hauling articles required for a farm by the person in whose name the vehicle is registered as aforesaid, being either the owner or occupier of the farm or a contractor engaged to do agricultural work on the farm by the owner or occupier of the farm, or for hauling articles required by that person for land occupied by him with a farm; e for hauling, within 15 miles of a forestry estate in the occupation of the person in whose name the vehicle is registered as aforesaid, agricultural or woodland produce of that estate or fuel required for any purpose on that estate or for domestic purposes by persons employed on that estate by the occupier of the estate, or for hauling articles required for such a forestry estate by the occupier of the estate ; f for hauling, within 15 miles of a farm in the occupation of the person in whose name the vehicle is registered as aforesaid, material to be spread on roads to deal with frost, ice or snow; g for hauling, for the purpose of clearing snow, a snow plough or similar contrivance. 2 In this paragraph — a any reference to a farm includes a market garden ; b any reference to woodland produce includes the wood and other produce of trees which are not woodland trees; c any reference to articles required for a farm, forestry estate or other land includes articles which are or have been required for doing work on and for the purposes of the farm, forestry estate or other land, except that — i the reference to articles required for a farm by a contractor engaged to do agricultural work on the farm shall include only articles required for the farm in connection with that work, and ii the reference to articles required for land occupied with a farm shall include only articles required for the land in connection with the doing on the land of any agricultural or forestry work (including the getting and carrying away of any woodland produce); d any reference to the owner of a farm includes any person having any estate or interest in land comprised in the farm. 3 In this Schedule " digging machine " means a vehicle designed, constructed and used for the purpose of trench digging or any kind of excavating or shovelling work which — a is used on public roads only for that purpose or for the purpose of proceeding to and from the place where it is to be used for that purpose ; and b when so proceeding, neither carries nor hauls any load than such as is necessary for its propulsion or equipment. 4 In this Schedule " mobile crane" means a vehicle designed and constructed as a mobile crane which — a is used on public roads only either as a crane in connection with work being carried on on a site in the immediate vicinity or for die purpose of proceeding to and from a place where it is to be used as a crane ; and b when so proceeding neither carries nor hauls any load than such as is necessary for its propulsion or equipment. 5 In this Schedule " works truck " means a goods vehicle (within the meaning of Schedule 4 to this Act) designed for use in private premises and used on public roads only for carrying goods between such premises and a vehicle on a road in the immediate vicinity, or in passing from one part of any such premises to another or to other private premises in the immediate vicinity, or in connection with road works while at or in the immediate vicinity of the site of such works. 6 In this Schedule " haulage vehicle" means a vehicle (other than one described in any of the foregoing paragraphs) which is constructed and used on public roads for haulage solely and not for the purpose of carrying or having superimposed upon it any load except such as is necessary for its propulsion or equipment. 7 In this Schedule " showman's vehicle " means a vehicle registered under this Act in the name of a person following the business of a travelling showman and used solely by him for the purposes of his business and for no other purpose. PART II Weight unladen of vehicle Rate of duty 1. 2. 3. 4. 5. Description of vehicle Exceeding Not exceeding Initial Additional for each ton or part of a ton in excess of the weight in column 2 £ £ 1. Agricultural machines; digging machines; mobile cranes; works trucks; mowing machines. — — 5.00 — 2. Haulage vehicles, being showmen's vehicles. — 7 ¼ tons 47.00 — 7 ¼ tons 8 tons 56.25 — 8 tons 10 tons 65.50 — 10 tons — 65.50 9.50 3. Haulage vehicles, not being showmen's vehicles. — 2 tons 60. 00 — 2 tons 4 tons 108.00 — 4 tons 6 tons 148.50 — 6 tons 7 ¼ tons 189.00 — 7 ¼ tons 8 tons 229.50 — 8 tons — 229.50 40.50 SCHEDULE 4 Annual Rates of Duty on Goods Vehicles Section 1. PART I 1 1 Subject to the provisions of this Schedule, the annual rate of duty applicable to a goods vehicle of a description specified in the first column of Table A in Part II of this Schedule shall, according to the unladen weight of the vehicle as set out in the second and third columns of that Table, be the initial rate specified in relation to vehicles of that description and that weight in the fourth column of that Table together with any additional rate so specified in the fifth column of that Table. 2 Subject to the provisions of this Schedule, if a goods vehicle of a description specified in the first column of Table B in Part II of this Schedule is used for drawing a trailer, the annual rate of duty applicable thereto in accordance with the foregoing sub-paragraph shall be increased by the amount specified in the fourth column of that Table in relation to vehicles of that description or, where the unladen weight of the vehicle is set out in the second and third columns of that Table, by the amount so specified in relation to vehicles of that description and weight. 2 Where a goods vehicle is partly used for private purposes, that is to say, otherwise than for the conveyance of goods or burden for hire or reward or for or in connection with a trade or business (including the performance by a local or public authority of its functions), duty shall (if apart from this paragraph it would be less) be chargeable by virtue of this Schedule at a rate equal to that which would be chargeable in respect of that goods vehicle if Schedule 5 to this Act were applicable to it instead of this Schedule. 3 Duty shall not be chargeable by virtue of this Schedule — a in respect of a vehicle chargeable with duty by virtue of Schedule 1 to this Act; b in respect of an agricultural machine as being a goods vehicle by reason of the fact that it is constructed or adapted for use and used for the conveyance of fanning or forestry implements fitted thereto for operation while so fitted; c in respect of a mobile crane or works truck ; or d in respect of a vehicle which, though constructed or adapted for use for the conveyance of goods or burden, is not used for the conveyance thereof for hire or reward or for or in connection with a trade or business (including the performance by a local or public authority of its functions). 4 Without prejudice to paragraph 2 above a vehicle shall be treated for the purposes of this Schedule as a farmer's goods vehicle notwithstanding that it is partly used for private purposes as denned in the said paragraph 2 if, apart from that use, it would be a farmer's goods vehicle as defined in this Schedule. 5 1 A mechanically propelled vehicle constructed or adapted for use and used for the conveyance of a machine or contrivance and no other load except articles used in connection with the machine or contrivance, not being a vehicle for which an annual rate of duty is specified in Schedule 3 to this Act, shall, notwithstanding that the machine or contrivance is built in as part thereof, be chargeable with duty at the rate which would be applicable if the machine or contrivance were burden and were not included in the unladen weight of the vehicle. 2 A mobile concrete mixer which, but for its conveyance of the materials used by it in mixing concrete, would fall within the foregoing sub-paragraph, shall be chargeable with duty in accordance with that sub-paragraph and shall be so chargeable at the rate which would be applicable thereunder if so much of the weight of its built-in machine or contrivance as exceeds 30 hundredweight were burden and were not included in the unladen weight of the vehicle. 6 1 Where a goods vehicle used for drawing a trailer has the trailer attached to it by partial superimposition, the vehicle and trailer shall, for the purpose of determining the annual rate of duty applicable to the vehicle, be treated as if they together formed a single vehicle, and the increase of duty provided for by paragraph 1(2) above shall not be chargeable. 2 The increase of duty provided for by the said paragraph 1(2) shall not be chargeable by reason of the use of a goods vehicle for drawing any vehicle which, if mechanically propelled, would be exempt from duty by virtue of section 4(1)(f) or (k) of this Act. 7 1 This paragraph and paragraph 8 below apply to agricultural machines which do not draw trailers. 2 Subject to the provisions of this paragraph and the said paragraph 8, a vehicle to which this paragraph applies shall not be chargeable with duty by virtue of this Schedule by reason of the fact that it is constructed or adapted for use and used for the conveyance of such goods or burden as are hereinafter mentioned if they are carried in or on not more than one appliance, the appliance is fitted either to the front or to the back of the vehicle and the following conditions are satisfied: — a the appliance must be removable ; b the area of the horizontal plane enclosed by vertical lines passing through the outside edges of the appliance must not, when the appliance is in the position in which it is carried when the vehicle is travelling and the appliance is loaded, exceed 7 square feet if it is carried at the front or 15 square feet if it is carried at the back. 3 The goods or burden referred to in the foregoing sub-paragraph are any goods or burden the haulage of which is permissible under paragraph 2(1)(a) to (e) of Schedule 3 to this Act. 4 The foregoing provisions of this paragraph shall not apply to the use of a vehicle on a public road more than 15 miles from a farm in the occupation of the person in whose name the vehicle is registered under this Act. 5 The foregoing provisions of this paragraph shall not apply to three-wheeled vehicles, or to any vehicle such that the distance between the centre of the area of contact with the road surface of — a a back wheel, in a case where only one appliance is being used for the carriage of goods or burden, and is fitted to the back of the vehicle, b any wheel on one side of the vehicle, in any other case, and that of the nearest wheel on the other side is less than 4 feet. 6 For the purposes of this paragraph a vehicle having two wheels at the front shall, if the distance between them (measured between the centres of their respective areas of contact with the road) is less than 18 inches, be treated as a three-wheeled vehicle. 8 1 The following provisions of this paragraph shall have effect in relation to any vehicle fitted with an appliance of any description prescribed for the purposes of all or any of sub-paragraphs (2) to (4) of this paragraph by regulations under this paragraph. 2 The limitation in paragraph 7(2) above to one appliance shall have effect as a limitation to two appliances of which at least one must be an appliance prescribed for the purposes of this sub-paragraph ; but if two appliances are used they must be fitted at opposite ends of the vehicle. 3 Regulations under this paragraph may provide for all or any of the following matters where an appliance prescribed for the purposes of this paragraph is being used, that is to say, that paragraph 7(2) above shall not apply unless the prescribed appliance is fitted to the prescribed end of the vehicle, or unless the use of the prescribed, or any, appliance is limited to prescribed goods or burden or to use in prescribed circumstances. 4 Regulations under this paragraph may provide that paragraph 7(2)(b) above shall not have effect in relation to appliances prescribed for the purposes of this sub-paragraph, but that in relation thereto paragraph 7(4) above shall have effect with the substitution of such shorter distance as may be prescribed. 5 In sub-paragraphs (2) to (4) of this paragraph references to use are references to use for the carriage of goods or burden; and regulations under this paragraph may make different provisions in relation to different descriptions of prescribed appliances. 9 1 In this Schedule, unless the context otherwise requires — " agricultural machine " has the same meaning as in Schedule 3 to this Act; " farmer's goods vehicle " means a goods vehicle registered under this Act in the name of a person engaged in agriculture and used on public roads solely by him for the purpose of the conveyance of the produce of, or of articles required for the purposes of, the agricultural land which he occupies, and for no other purpose ; " goods vehicle " means a mechanically propelled vehicle (including a tricycle as defined in Schedule 1 to this Act and weighing more than 8 hundredweight unladen) constructed or adapted for use and used for the conveyance of goods or burden of any description, whether in the course of trade or otherwise ; " mobile crane " has the same meaning as in Schedule 3 to this Act; " showman's goods vehicle " means a showman's vehicle which is a goods vehicle and is permanently fitted with a living van or some other special type of body or superstructure, forming part of the equipment of the show of the person in whose name the vehicle is registered under this Act; " showman's vehicle " has the same meaning as in Schedule 3 to this Act; " tower wagon " means a goods vehicle — into which there is built, as part of the vehicle, any expanding or extensible contrivance designed for facilitating the erection, inspection, repair or maintenance of overhead structures or equipment; and which is neither constructed nor adapted for use nor used for the conveyance of any load, except such a contrivance and articles used in connection therewith; " works truck " has the same meaning as in Schedule 3 to this Act. 2 In this Schedule " trailer " does not include — a an appliance constructed and used solely for the purpose of distributing on the road loose gritting material; b a snow plough ; c a road construction vehicle as defined in section 4(2) of this Act; d a farming implement not constructed or adapted for the conveyance of goods or burden of any description, when drawn by a farmer's goods vehicle ; e a trailer used solely for the carriage of a container for holding gas for the propulsion of the vehicle by which it is drawn, or plant and materials for producing such gas. PART II Tables showing annual rates of duty on goods vehicles TABLE A GENERAL RATES OF DUTY Weight unladen of vehicle Rate of duty 1. 2. 3. 4. 5. Description of vehicle Exceeding Not exceeding Initial Additional for each ¼ on or part of a ¼ on in excess of the weight in column 2 £ £ 1. Farmers' goods vehicles. — 12 cwt. 17.50 — 12 cwt. 16 cwt. 19.25 — 16 cwt. 1 ton 21.00 — 1 ton 1 ¼ tons 22.75 — 1 ¼ tons 2 ½ tons 22.75 2.00 2 ½ tons 4 ¼ tons 32.75 2.50 4 ¼ tons 5 ¾ tons 50.25 1.00 5 ¾ tons 8 ½ tons 56.25 1.25 8½ tons — 70.00 1.00 2. Showmen's goods vehicles. — 12 cwt. 17.50 — 12 cwt. 16 cwt. 19.25 — 16 cwt. 1 ton 21.00 — 1 ton 3 tons 21.00 2.00 3 tons 4 tons 37.00 2.25 4 tons 5 tons 46.00 2.00 5 tons 6 tons 54.00 1.75 6 tons — 61.00 2.00 3. Electrically propelled goods vehicles (other than farmers' goods vehicles or showmen's goods vehicles); tower wagons. — 12 cwt. 24.00 — 12 cwt. 16 cwt. 26.25 — 16 cwt. 1 ton 29.50 — 1 ton 6 tons 29.50 3.00 6 tons 7 tons 89.50 2.50 7 tons 8 ¼ tons 99.50 2.75 8 ¼ tons — 113.25 3.00 4. Goods vehicles not included in any of the foregoing provisions of this Part of this Schedule. — 12 cwt. 24.00 — 12 cwt. 16 cwt. 30.00 — 16 cwt. 1 ton 36.50 — 1 ton 1 ½ tons 36.50 6.50 1 ½ tons 2 tons 49.50 6.75 2 tons 3 tons 63.00 7.50 3 tons 4 tons 93.00 10.50 4 tons — 135.00 13.50 TABLE B RATES OF DUTY ON GOODS VEHICLES USED FOR DRAWING TRAILERS Weight unladen of vehicle 1. 2. 3. 4. Description of vehicle Exceeding Not exceeding Rate of duty £ 1. Showmen's goods vehicles. — — 17.50 2. Electrically propelled goods vehicles (other than farmers' goods vehicles and showmen's goods vehicles); tower wagons. — 1 ½ tons 14.00 1 ½ tons 3 tons 24.00 3 tons — 27.00 3. Other goods vehicles . — 1 ½ tons 14.00 1 ½ tons 2 ½ tons 24.00 2 ½ tons 4 tons 40.00 4 tons — 54.00 SCHEDULE 5 Annual Rates of Duty on Vehicles not Falling Within Schedules 1 to 4 to this Act Section 1. PART I The annual rate of duty applicable to a mechanically propelled vehicle of a description specified in the first column of Part II of this Schedule, being a vehicle in respect of which an annual rate is not specified in the foregoing Schedules to this Act, shall be the rate specified in relation to vehicles of that description in the second column of the said Part II PART II Description of vehicle Rate of duty £ 1. Electrically propelled vehicles; vehicles not exceeding 7 horse-power, if registered under the Roads Act 1920 for the first time before 1st January 1947 18.00 2. Vehicles not included above 25.00 SCHEDULE 6 Provisions as to the Computation of the Unladen Weight of Vehicles Section 38. 1 Subject to the provisions of this Schedule, the unladen weight of any mechanically propelled vehicle shall, for the purposes of this Act, be taken to be the weight of the vehicle inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when working on a road but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for die propulsion of the vehicle, and of loose tools and loose equipment. 2 1 This paragraph applies to any vehicle having a body constructed or adapted for the purpose of being lifted on or off the vehicle with goods or burden contained therein which is from time to time actually used for that purpose in the ordinary course of business. 2 The unladen weight of a vehicle to which this paragraph applies shall for the purposes of this Act be taken exclusive of the weight of any such body and, where alternative bodies are used, any such body shall be disregarded for the purposes of this Schedule. 3 If any question arises whether a body is from time to time actually used for the purpose mentioned in sub-paragraph (1) above in the ordinary course of business, the body shall be deemed not to be so used until the contrary is shown. 3 1 In computing for the purposes of Schedule 4 to this Act the unladen weight of a goods vehicle, there shall be included the weight of any receptacle, being an additional body, placed on the vehicle for the purpose of the carriage of goods or burden of any description, if any goods or burden are loaded into, carried in and unloaded from the receptacle without the receptacle being removed from the vehicle: Provided that the weight of a receptacle shall not be included in the unladen weight of a goods vehicle by virtue of this sub-paragraph — a unless the receptacle is placed on the vehicle by or on behalf of the person in whose name the vehicle is registered under this Act; or b if the receptacle is constructed or adapted for the purpose of being lifted on or off the vehicle with goods or burden contained therein and is from time to time actually used for that purpose in the ordinary course of business ; or c if the receptacle is specially constructed or specially adapted for carrying livestock and is used solely for that purpose. 2 If any question arises whether any receptacle is from time to time actually used for the purpose mentioned in paragraph (b) of the proviso to sub-paragraph (1) above in the ordinary course of business, the receptacle shall be deemed not to be so used until the contrary is shown. 3 For the purposes of paragraph (c) of the said proviso a receptacle shall not be deemed to be used otherwise than solely for carrying livestock by reason that, on a journey the main purpose of which is the carrying of livestock or on the way to the loading point or while returning from the discharging point on such a journey, the vehicle is used for carrying agricultural produce or agricultural requisites. 4 For the purposes of Schedules 3 and 4 to this Act the unladen weight of a mechanically propelled vehicle shall not be taken to include the weight of a contrivance attached thereto, being a contrivance designed or adapted for the purpose of enabling the vehicle to tow or be towed: Provided that in computing the unladen weight of a vehicle there shall not, by virtue of this paragraph, be excluded the weight of a contrivance attached to the rear of a vehicle chargeable with duty by virtue of Schedule 3 to this Act or of a vehicle which is chargeable with duty by virtue of Schedule 4 to this Act and is used for drawing a trailer, or, in any event an amount exceeding — a where a contrivance, the weight of which falls to be excluded, is attached to one end only of the vehicle, one hundredweight ; b where such a contrivance is attached to each end of the vehicle, two hundredweight. 5 In computing for the purposes of Schedule 4 to this Act the unladen weight of a goods vehicle which carries a container for holding gas for the propulsion of the vehicle, or plant for producing such gas, the unladen weight of the vehicle shall be reduced — a where the unladen weight exceeds twelve hundredweight but does not exceed three tons, by half a ton ; b where the unladen weight exceeds three tons but does not exceed six tons, by three quarters of a ton ; c where the unladen weight exceeds six tons, by one ton. SCHEDULE 7 Transitional Provisions Section 39. PART I Modifications of this Act relating to the system of Vehicle Licensing and Registration etc. Excise duty on, and licensing of, mechanically propelled vehicles 1 Section 2(1) shall have effect as if — a there were inserted at the beginning the words " Subject to the provisions of section 2A of this Act " ; b in paragraph (a) and in paragraph (b) there were added at the end the words " running from the beginning of the month in which the licence first has effect " ; c there were inserted after paragraph (a) the following paragraph — aa in the case of any vehicle, for one calendar year; ; d the words following paragraph (c) were omitted. 2 Section 2 shall have effect as if subsections (2) and (3) were omitted. 3 Section 2(4) shall have effect as if — a there were inserted at the beginning the words " Subject to the provisions of section 2A of this Act " ; b in paragraph (a) for the words " a period of twelve months " there were substituted the words " one calendar year or any other period of twelve months " . 4 Section 2 shall have effect as if subsections (5) and (6) were omitted. 5 After section 2 there shall be inserted the following section — Power to modify duration of licences and rates of duty. 2A 1 Subject to the following provisions of this section, the Secretary of State may by order provide that vehicle licences (other than licences for one calendar year) may be taken out for such periods as may be specified in the order, being — a periods of a fixed number of months (not exceeding fifteen) running from the beginning of the month in which the licence first has effect; or b in the case of vehicles of such description, or of such description and used in such circumstances, as may be so specified, periods of less than a month. 2 A licence for any period specified in an order under this section shall be taken out on payment of duty at such rate as may be so specified: Provided that — a the rate of duty on any licence taken out for a vehicle for a period other than one of twelve months shall be such as to bear to the annual rate of duty applicable to that vehicle no less proportion than the period for which the licence is taken out bears to a year; and b the rate of duty on any licence taken out for a vehicle for a period of three months or for a period of four months shall not exceed for each month of the period ten per cent, of the annual rate of duty applicable to the vehicle. 3 Any order made by the Secretary of State under this section may be made so as to apply only to vehicles of specified descriptions and may make different provision for vehicles of different descriptions or for different circumstances. 4 The power to make orders under this section shall be exercisable by statutory instrument and shall include power to vary or revoke any such order and to amend or repeal the following provisions of section 2 of this Act, that is to say, in subsection (1), paragraphs (a), (6) and (c) and, in subsection (4), paragraphs (b) and (c) and so much of the remainder of the subsection as relates to those two paragraphs. . Liability to pay duty and consequences of non-payment thereof 6 Section 8 shall have effect as if subsection (2) were omitted. 7 Section 9 shall have effect as if — a in subsection (2) for the words " one-three-hundred and sixty-fifth " there were substituted the words " one twelfth " , for the words " day in the relevant period" there were substituted the words " calendar month or part of a calendar month in the relevant period " and, in the proviso, for the words " day following that on which" there were substituted the words " calendar month immediately following that in which " ; b in subsection (3) — i in paragraph (a), for the word " day " there were substituted the words " month or part of a month " ; ii in paragraph (b), for the word " day " there were substituted the words " month or part " , and the words from " and that he was exempt" to " day " were omitted ; iii in paragraphs (c) and (d) and in the words following paragraph (a), for the word "day" there were in each case substituted the words " month or part " ; c in subsection (4), for the words " In relation to any day " there were substituted the words " In relation to any month or part of a month " , for the words " on that day " there were substituted the words " at the beginning of that month or part " and for the words "such day" there shall be substituted the words " such month or part " . 8 Sections 10 and 11 shall be omitted. Issue, exhibition, exchange, surrender, etc. of licences 9 Section 12 shall have effect as if subsection (5) were omitted. 10 Section 13 shall be omitted. 11 Sections 14 and 15 shall be omitted. 12 Section 16 shall have effect as if for subsections (4) and (5) there were substituted the following subsections — 4 A trade licence may be taken out either for one calendar year or, except in the case of a licence which is to be used only for vehicles to which Schedule 1 to this Act relates, for a period of three months beginning with the first day of January, of April, of July or of October. 5 The rate of duty applicable to a trade licence taken out for a calendar year shall be £15 or, if the licence is to be used only for vehicles to which Schedule 1 to this Act relates, £2.50; and the rate of duty applicable to a licence taken out for a period of three months shall be eleven fortieths of the rate applicable to the corresponding trade licence taken out for a calendar year, any fraction of 5p being treated as 5p if it exceeds 2-5p but otherwise being disregarded. 13 Section 17 shall have effect as if there were substituted for subsections (1) and (2) the following subsections — 1 The holder of a licence (other than a licence for a tramcar) may at any time surrender the licence to the Secretary of State. 2 Where a licence is surrendered to the Secretary of State under subsection (1) above, the holder shall be entitled to be repaid by the Secretary of State by way of rebate of duty paid for the licence the following amount in respect of each complete month of the period of the currency of the licence which is unexpired at the date of the surrender, that is to say — a in the case of a trade licence taken out for a period of three months only, an amount equal to one third of the duty charged on that licence ; b in the case of a licence of any other class, an amount equal to one twelfth of the annual rate of duty chargeable on the licence. 14 Until the date appointed for the cesser of paragraph 10 above section 17 shall have effect as if subsection (3) were omitted. 15 On and after the said date section 17(3) shall have effect until the date appointed for the cesser of paragraph 13 above as if paragraph (b) were omitted together with the words from " or, if the Secretary of State so directs " to " application " in the second place where it occurs. 16 Section 17 shall have effect as if subsection (4) were omitted. 17 Section 18(3) shall have effect as if for the words " number of days " there were substituted in each place where they occur the words " number of months " and for the words from " that period being treated" to the end there were substituted the words " any incomplete month being treated as a whole month ". Registration and registration marks, etc. 18 Section 19(1) shall have effect as if paragraph (b) together with the preceding " or " and the words " except where the Secretary of State registers the vehicle on receiving the said particulars " were omitted. 19 Section 20 shall be omitted. 20 For section 23 there shall be substituted the following — 23 1 Regulations under this Act may — a make provision with respect to the registration of mechanically propelled vehicles ; b require the Secretary of State to make the prescribed returns with respect to mechanically propelled vehicles registered with him, and provide for making any particulars contained in the register available for use by the prescribed persons on payment, in the prescribed cases, of the prescribed fee ; c require any person to whom any mechanically propelled vehicle is sold or disposed of to furnish the prescribed particulars in the prescribed manner ; d provide for the issue of registration books in respect of the registration of any mechanically propelled vehicle, and for the surrender and production, and the inspection by the prescribed persons, of any books so issued ; e provide for the issue of new registration books in the place of any such books which may be lost or destroyed, and for the fee to be paid on the issue of a new registration book ; and f prescribe the size, shape and character of the registration marks or the signs to be fixed on any vehicle and the manner in which those marks or signs are to be displayed and rendered easily distinguishable, whether by night or by day. 2 Regulations under this Act may — a prescribe the form of, and the particulars to be included in, the register of trade licences ; b make provision for assigning general registration marks to persons holding trade licences and, without prejudice to the foregoing, prescribe the registration marks to be carried by vehicles the use of which is authorised by virtue of such licences ; and c make provision for the issue of trade plates to holders of trade licences and for the charging of a fee for the replacement of such plates by reason of damage to them or of their loss or destruction. 3 Regulations under this Act may — a extend any of the provisions as to registration, and provisions incidental to any such provisions, to any mechanically propelled vehicles in respect of which duty is not chargeable under this Act (including vehicles belonging to the Crown); and b provide for the identification of any such vehicles. 4 Regulations under subsection (3) above which require a person to furnish information relating to vehicles exempted from duty by virtue of section 7(2) of this Act may require him to furnish in addition such evidence of the facts giving rise to the exemption as is prescribed by the regulations. Miscellaneous 21 Section 24 shall be omitted. 22 Section 25 shall have effect as if — a in subsection (1), paragraph (a) together with the last reference in that subsection to a motor dealer so far as it relates to that paragraph were omitted ; b in subsection (1), paragraph (b) together with the last reference in that subsection to a motor dealer so far as it relates to that paragraph and the reference therein to any other person in question and subsection (2) were omitted. 23 Section 26 shall have effect as if in subsection (1) there were substituted for the reference to section 23(c) of this Act a reference to section 23(2)(c) thereof; and as if in subsection (2) there were omitted therefrom the words " or for the allocation of temporary licences or registration marks ". Supplementary 24 For section 37(3) there shall be substituted the following subsection — 3 Any person who contravenes or fails to comply with any regulations under this Act except regulations under section 2(5), 11(3), 14, 20 or 24 thereof shall be liable on summary conviction to a fine not exceeding £20 ; and regulations under the said section 14, 20 or 24 may provide that a person who contravenes or fails to comply with any specified provision of the regulations shall be guilty of an offence and a person guilty of such an offence shall be liable on summary conviction to a fine of an amount not exceeding — a in the case of an offence under regulations made under section 24, £50 ; b in the case of an offence under regulations made under section 14 or 20, £20. . PART II Other Transitional Provisions and Savings 1 In so far as any regulation, order, licence or other instrument made or issued, or having effect as if made or issued, under any enactment repealed by this Act or any other thing done or deemed to have been done under any such enactment, could have been made, issued or done under a corresponding provision of this Act it shall not be invalidated by the repeals effected by section 39(5) of this Act, but shall have effect as if made, issued or done under that corresponding provision. Provided that this paragraph shall not be construed as saving the order specified in Part II of Schedule 8 to this Act. 2 Without prejudice to paragraph 1 above, any provision of this Act relating to anything done or required or authorised to be done under, or by reference to, that provision, this Act or any other provision of this Act shall have effect as if any reference to that provision, to this Act or to that other provision, as the case may be, included a reference to the corresponding provision of the enactments repealed by this Act or to the Act containing the corresponding provision so repealed. 3 No licence or other instrument issued or made or having effect as if issued or made by a local authority under any enactment repealed by this Act and nothing done or deemed to have been done by or in relation to a local authority under any such enactment shall be prevented from being treated for the purposes of the foregoing paragraphs as a licence or other instrument or other thing which could have been issued, made or done under a corresponding provision of this Act by reason only that it could have been issued, made or done under that corresponding provision by or in relation to the Secretary of State and not by or in relation to a local authority. In this paragraph " local authority " has the same meaning as it has in the Vehicle and Driving Licences Act 1969. 4 No licence issued under this Act and in force when any of the following modifications of this Act contained in Part I of this Schedule ceases to have effect under section 39(2) of this Act shall be affected by reason of any such modification so ceasing to have effect; nor shall any right to be repaid by way of rebate of duty any such amount as is referred to in section 17(2) accruing on a surrender of a licence before the modification contained in paragraph 13 of the said Part I ceases to have effect under the said section 39(2) be affected by reason of that modification so ceasing to have effect. The modifications of this Act referred to above are those contained in paragraphs 1,2, 3,5,12 and 17 of the said Part I. 5 Nothing in this Act shall affect the enactments repealed thereby in their operation in relation to offences committed before the commencement of this Act. 6 In relation to a vehicle for which a licence was issued before and is in force after the commencement of this Act, or the last licence was issued between the commencement of the Vehicles (Excise) Act 1949 and the commencement of this Act, section 1(3) of this Act shall have effect as if for the reference in paragraph (a) to the same Schedule to this Act there were substituted a reference to the Schedule to this Act corresponding to the enactment under which duty was chargeable for the licence. 7 In relation to a vehicle exempted from duty under the Vehicles (Excise) Act 1962 by virtue of section 6(2A) or (2B) thereof to which the provisions of section 6(3) of this Act apply, the reference in the said section 6(3) to the vehicle being deemed never to have been exempted from duty under subsection (1) or (2) of that section shall include a reference to the vehicle being deemed never to have been exempted from duty under the said section 6(2A) or (2B). 8 In relation to a vehicle for which a licence was taken out before and is in force at the commencement of this Act, section 18 of this Act shall have effect as if — a any reference to any rate of duty or amount payable under this Act included a reference to a rate of duty or an amount payable under the Vehicles (Excise) Act 1962 ; b for any reference to duty paid in respect of a vehicle at a rate applicable under Schedule 4 to this Act, there were substituted a reference to duty paid at a rate applicable under Schedule 4 to the said Act of 1962. 9 For the purposes of section 22 of this Act a person shall be treated as having been previously convicted of an offence under that section if he has been convicted of an offence under the corresponding enactment in the Vehicles (Excise) Act 1949 or the Vehicles (Excise) Act 1962. 10 Where in pursuance of section 12(7) of the Vehicles (Excise) Act 1962 (which relates to appeals to the Secretary of State from refusals of local authorities to issue trade licences) an appeal is pending at the transfer date, the making of the appeal shall be treated as a request in pursuance of subsection (1) of section 25 of this Act in respect of such a refusal as is mentioned in paragraph (c) of that subsection. 11 Any enactment passed before the commencement of this Act referring, whether specifically or by means of a general description, to an enactment repealed by this Act shall, unless the contrary intention appears, be construed as referring to the corresponding provision of this Act, and any document made or issued (whether before or after the commencement of this Act) referring, whether specifically or by means of a general description, to an enactment repealed by this Act shall, unless the contrary intention appears, be similarly construed. 12 Nothing in this Act shall require any charge or fee to be paid which would not have been payable if this Act had not been passed. 13 Unless the context otherwise requires, references in this Schedule to enactments repealed by this Act include references to the order revoked by this Act. SCHEDULE 8 Repeals and Revocation Section 39(5). PART I Enactments Repealed Session and Chapter Short Title Extent of Repeal 10 & 11 Eliz. 2. c. 13 . The Vehicles (Excise) Act 1962. The whole Act except section 25(1) and Schedule 7. 10 & 11 EIiz. 2. c. 44 . The Finance Act 1962. Section 5. 1964 c. 49 . The Finance Act 1964. Section 11. 1965 c. 25 . The Finance Act 1965. Section 5 so far as unrepealed, sections 6 and 7 and Schedule 5Pt. V. 1965 c. 66 . The Hire-Purchase Act 1965. In Schedule 5, the amendment of the Vehicles (Excise) Act 1962. 1965 c. 67 . The Hire-Purchase (Scotland) Act 1965. In Schedule 5, the amendment of the Vehicles (Excise) Act 1962. 1966 c. 18 . The Finance Act 1966. Section 8. 1967 c. 30 . The Road Safety Act 1967. Section 27. 1967 c. 54 . The Finance Act 1967. Sections 11 and 12. 1967 c. 70 . The Road Traffic (Amendment) Act 1967. Section 4(4). 1968 c. 44 . The Finance Act 1968. Sections 8 and 9 and Schedule 7. 1968 c. 73 . The Transport Act 1968. Section 147. 1969 c. 27 . The Vehicle and Driving Licences Act 1969. Sections 4 to 12. Section 17. Section 19. In section 20, subsections (1) to (4) and in subsection (5) the words from the beginning to " to the vehicle; ". Section 21. In section 23, paragraphs (d), (e) and (f) of subsection (1) and subsection (2) so far as it amends the Vehicles (Excise) Act 1962. Section 24. In section 25, subsections (1) to (5), in subsection (6) the words " this Act, the Act of 1962 or " and subsection (7). In section 26, subsections (1) and (2), in subsection (3) the words " by or " and " this Act, the Act of 1962 or " and subsections (4) to (8). Section 27 in so far as it relates to records maintained in connection with functions conferred on local authorities by the Vehicles (Excise) Act 1962 and transferred to the Secretary of State by order under section 1 of the Vehicle and Driving Licences Act 1969 or with any functions exercisable by the Secretary of State by virtue of the said Act of 1969 except sections 1 to 3 thereof. Section 28. In section 29, subsections (1) and (2). Section 30. Section 32 except so far as it relates to offences against section 22 of that Act. In section 33 the definitions of " motor dealer ", " public road ", " trade licence", " seven day licence", " temporary licence" and " vehicle licence " In section 34, in subsection (2) the words "or the Act of 1962 " and subsection (5). In section 35, the words "section 21(2) or". Section 36(2). In Schedule 1, paragraphs 4 to 8. 11 and 13 to 18 1969 c. 32 . The Finance Act 1969. Section 6 and Schedule 12. 1970 c. 24 . The Finance Act 1970. Section 9. PART II Order Revoked The Road Vehicles (Duration of Licences) Order 1968 (S.I. 1968/439) .

The Iron and Steel (Pension Schemes) Regulations 1971 The Secretary of State, in exercise of his powers under section 40 of the Iron and Steel Act 1949, as revived and amended by section 31 of the Iron and Steel Act 1967 and after consultation with the British Steel Corporation and such organisations as appear to him to be representative of persons concerned, hereby makes the following regulations: Citation, commencement and interpretation 1 1 These regulations may be cited as the Iron and Steel (Pension Schemes) Regulations 1971 and shall come into operation on 16th June 1971. 2 The Interpretation Act 1889 applies for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament. Removal of requirement for Secretary of State's approval 2 1 The powers conferred on the British Steel Corporation by regulation 2 of the Iron and Steel (Pension Schemes) Regulations 1967 (as substituted by regulation 3 of the Iron and Steel (Pension Schemes)Regulations 1970 )for the purposes of section 40(1)(a) of the Iron and Steel Act 1949 to establish and administer pension schemes and to participate in pension schemes shall be exercisable without the Secretary of State's approval being first obtained. 2 Accordingly the Iron and Steel (Pension Schemes) Regulations 1967 shall have effect as if: a in regulation 2 (as so substituted) of those regulations the words “which has been approved by the Minister” and the words “with the like approval” were omitted; b in regulation 3 (as originally made) the words “approved by the Minister” were omitted in the two places in which those words appear; and c in regulation 9 (as added by regulation 5 of the Iron and Steel (Pension Schemes) Regulations 1970) the words “approved by the Minister and” were omitted. John Davies Secretary of State for Trade and Industry Dated 27th May 1971

The British Waterways Board (Alteration of Pension Schemes) Order 1971 The Secretary of State for the Environment, in exercise of his powers under section 74 of the Transport Act 1962 and of all other enabling powers, hereby makes the following Order: — Commencement, citation and interpretation 1 1 This Order shall come into operation on the 13th May 1971, and may be cited as the British Waterways Board (Alteration of Pension Schemes) Order 1971. 2 In this Order, unless the context otherwise requires — “ the Board ” means the British Waterways Board ; “ funded scheme ” means a pension scheme (not being an insurance scheme) where the pensions are payable out of a fund held by any person for the purpose of the scheme ; “ insurance scheme ” means a pension scheme where the pensions are provided by means of contracts or policies made or effected with an insurance company carrying on life assurance business within the meaning of the Insurance Companies Act 1958 (including contracts or policies made or effected with such a company for the purpose of implementing any form of private superannuation fund) ; “ the Male Wages Grades Scheme ” means the pension scheme established by the British Transport Commission (Male Wages Grades Pensions) Regulations 1954 , as amended , (as that scheme now has effect subject to the provisions of any Order made under section 74 of the Transport Act 1962) ; “ the New Fund ” means the British Waterways Board (Wages Grades) Pension Scheme which is a funded pension scheme established by the Board, with the consent of the Secretary of State, under the terms of an Interim Trust Deed executed by the Board on the 1st April 1971 ; “ the persons administering ”, in relation to a pension scheme, means the persons responsible for administering the scheme under the terms thereof, and includes the trustees (if any) of the scheme ; “ the service ” means whole time employment with the Board or with subsidiary of the Board ; and “ term ”, in relation to a pension scheme to which this Order applies, includes any rule or provision of the scheme, or of any statutory provision relating to the scheme, or of any deed or other instrument made for the purposes of the scheme . 3 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. Application of Order 2 1 This Order shall apply to the New Fund, the Male Wages Grades Scheme and the other pension schemes listed respectively in Schedules 1 and 2 to this Order. 2 A pension scheme to which this Order applies shall be construed and have effect as if the relevant provisions of this Order were terms of the scheme, any other term thereof, whether express or implied, to the contrary notwithstanding. Application of interavailability provisions to New Fund 3 The provisions of the British Transport Reorganisation (Pensions of Employees) ( No. 1) Order 1964 (so far as applicable) and of Articles 3 and 4 of the British Transport (Pensions of Employees) (No. 1) Order 1969 (which relate to the interavailability of pension schemes in the publicly owned transport industry) shall on and after 14th May 1971 apply in relation to the New Fund as if that fund were an established scheme as defined in Article 2 of the said (No. 1) Order of 1969. Alterations in the terms of the Male Wages Grades Scheme 4 1 This Article shall apply to the Male Wages Grades Scheme. 2 Any person in the service who immediately before the 14th May 1971 is a member of the Male Wages Grades Scheme and who becomes a member of the New Fund on or after that date shall, on becoming such a member, cease to be a member of the Male Wages Grades Scheme. 3 The terms of the Male Wages Grades Scheme which require persons to become members of Section B of that Scheme shall not apply to — a any person referred to in paragraph (2) of this Article, or b any other person who becomes a member of the New Fund on or after 14th May 1971. 4 Any person who becomes a member of the New Fund on or after the 14th May 1971 shall at all times after becoming a member thereof be ineligible for membership of either Section A or Section B of the Male Wages Grades Scheme. 5 Where a person ceases to be a member of the Male Wages Grades Scheme under the foregoing provisions of this Article, the New Fund shall be credited by the Board with a sum equal to the contributions paid by such person to the Male Wages Grades Scheme. 6 Where under the foregoing provisions of this Article a person who has a right of re-admission to the Male Wages Grades Scheme becomes ineligible for membership thereof, that right of re-admission shall terminate. Alterations in the terms of certain schemes for providing pensions 5 1 This Article shall apply to the pension schemes listed in Schedule 1 to this Order. 2 A person who becomes a member of the New Fund on or after the 14th May 1971 shall be ineligible for admission to a pension scheme to which this Article applies. 3 Where a member of a pension scheme to which this Article applies becomes a member of the New Fund on or after the 14th May 1971, the following provisions shall have effect: — a upon the date of his admission to membership of the New Fund he shall cease to be a member of that pension scheme, and (except as hereinafter provided) his liability (if any) to pay contributions to, and his right to receive benefit from, that scheme shall cease; and b as soon as may be after that date the persons administering that pension scheme shall pay to the New Fund an appropriate transfer value in respect of the accrued pension rights of that member in that scheme. 4 Where under the foregoing provisions of this Article a person who has a right of re-admission to a pension scheme to which this Article applies becomes ineligible for membership thereof, that right of re-admission shall terminate. Alterations in the terms of certain insurance schemes 6 1 This Article shall apply to the pension schemes listed in Schedule 2 to this Order. 2 Where a member of a pension scheme to which this Article applies becomes a member of the New Fund on or after the 14th May 1971, the following provisions shall have effect: — a upon the date of his admission to membership of the New Fund he shall (subject to this Order) cease to be liable to pay contributions to that scheme; and b as soon as may be after that date the Board shall make such arrangements as may be appropriate to secure to that member by means of non-assignable and non-commutable insurance policies his accrued pension rights in that scheme. Ascertainment of transfer values 7 1 Where under any of the foregoing provisions of this Order there falls to be paid in relation to a member of a pension scheme to which this Order applies a transfer value in respect of his accrued pension rights in that scheme, then — a if the scheme is a funded scheme, the amount to be paid shall be ascertained by first determining the portion of the funds of that scheme properly attributable to the accrued pension rights of that member in that scheme and then by deducting therefrom such sums as may be necessary to cover the cost actually incurred by the persons administering that scheme in making the apportionment and the payment and also an amount equal to any income tax which may then become payable by virtue of regulations made, or having effect as if made, under section 208 of the Income and Corporation Taxes Act 1970 b if the scheme is not a funded scheme, the amount to be paid shall be ascertained by first determining a sum representing the value of the accrued pension rights of that member in that scheme and then by deducting therefrom such sum as may be necessary to cover the cost actually incurred by the persons administering that scheme in making the determination and the payment. 2 Any payment of a transfer value under any provision of this Order may take the form of a transfer of securities, deposits or other assets, valued as at the date of the transfer, and any question whether a transfer value shall be paid in cash or in the form of such a transfer as aforesaid shall be determined in each case when the transfer value falls to be paid. Consequential provisions 8 1 Where under the foregoing provisions of this Order a person ceases to be a member of a pension scheme to which this Order applies, or otherwise ceases to be liable to pay contributions to that scheme, such cessation shall be without prejudice to the obligation of that person to pay any outstanding contributions to that scheme in respect of any period before such cessation and at the rate appropriate to that period, or to the right of his employer to deduct such contributions from his emoluments. 2 Where under the foregoing provisions of this Order a person ceases to be a member of a pension scheme to which this Order applies, his rights to benefit from that scheme shall, except as otherwise provided in this Order, terminate with the cessation of his membership of that scheme. Determination of questions 9 Where under the foregoing provisions of this Order any matter or thing is to be determined in relation to a member of a pension scheme to which this Order applies who becomes a member of the New Fund, that matter or thing shall be determined by agreement between the persons administering that pension scheme on the one hand and the persons administering the New Fund on the other hand, or in default of such agreement, by the Secretary of State. Safeguarding of existing rights 10 No person who is a member of, or has a right of re-admission to, a pension scheme to which this Order applies (other than the New Fund) shall be required by a term of his employment in the service to become a member of the New Fund. Signed by authority of the Secretary of State 8th April 1971. John Peyton Minister for Transport Industries Department of the Environment SCHEDULE 1 SCHEMES FOR PROVIDING PENSIONS AND OTHER BENEFITS Aire and Calder Navigation Superannuation Fund Grand Union Canal Company Superannuation Fund Caledonian and Crinan Canals — Employees' Schemes Lee Conservancy Board — Employees' Scheme Trent Navigation Company Superannuation Scheme Weaver Navigation Trustees Superannuation Scheme SCHEDULE 2 INSURANCE SCHEMES Sharpness and Gloucester Dock Co. and Birmingham Navigation Pension and Life Assurance Scheme Severn Commission Pension and Life Assurance Scheme

The Reciprocal Enforcement of Foreign Judgments (Israel) Order 1971 At the Court at Buckingham Palace, the 23rd day of June 1971 Present, The Queen's Most Excellent Majesty in Council Whereas by section 1 of the Foreign Judgments (Reciprocal Enforcement) Act 1933 Her Majesty, if She is satisfied that, in the event of the benefits conferred by Part I of the said Act being extended to judgments given in the superior courts of any foreign country, substantial reciprocity of treatment will be assured as respects the enforcement in that foreign country of judgments given in the superior courts of the United Kingdom, is empowered to direct by Order in Council that Part I of the said Act shall extend to that foreign country and that such courts of that foreign country as are specified in the Order shall be deemed to be superior courts of that country for the purposes of the said Part I: And whereas by section 3 of the said Act it is provided that rules of court made for the purposes of that Act shall have effect subject to any such provisions contained in Orders in Council made under section 1 of the said Act as are declared by the said Orders to be necessary for giving effect to agreements made between Her Majesty and foreign countries in relation to matters with respect to which there is power to make rules for the purposes of that Act: And whereas a Convention, a copy whereof is set out in the Schedule to this Order, relating to the Reciprocal Recognition and Enforcement of Judgments in Civil Matters, signed at London on 28th October 1970, has been ratified by the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Israel: And whereas Her Majesty is satisfied that, in the event of Part I of the said Act being extended to judgments given in the superior courts of Israel, substantial reciprocity of treatment will, under the terms of the said Convention, be assured as respects the enforcement in Israel of judgments given in the superior courts of the United Kingdom; and is accordingly minded to direct that Part I of the said Act shall extend to Israel: And whereas it is expedient to specify the Courts in Israel which are, for the purposes of that Act, to be deemed to be superior courts, and necessary, in order to give effect to the said Convention, to make certain provisions in relation to matters with respect to which there is power to make rules of court for the purposes of the said Act: Now, therefore, Her Majesty, by virtue and in exercise of Her powers under the said Act, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 This Order may be cited as the Reciprocal Enforcement of Foreign Judgments (Israel) Order 1971 and shall come into operation on 26th July 1971. 2 Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 shall extend to Israel. 3 The following courts of Israel shall be deemed superior courts of Israel for the purposes of Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933, that is to say: — The Supreme Court; The District Courts; Rabbinical Courts; Moslem Religious Courts; Christian Religious Courts; Druze Religious Courts. 4 No security for costs shall be required to be given by any person making application for the registration of a judgment of a superior court of Israel. 5 A judgment of a superior court of Israel shall, in the absence of proof to the contrary, be deemed to be capable of execution in Israel if a certified copy of the judgment is produced authenticated by the court stamp and accompanied by a certificate issued by an officer of the original court that it is capable of execution in Israel. 6 The rate of interest due under the law of Israel upon the sum in respect of which a judgment of a superior court of Israel is given shall be deemed to be that specified in the judgment or any certificate of the original court accompanying the judgment and, if no rate is so specified, no interest shall be deemed to be due thereon under the law of Israel. 7 A translation of the judgment of a superior court of Israel or of any other document accompanying an application for registration of such a judgment shall, if certified by a notary or by a diplomatic or consular officer of either the United Kingdom or Israel, be accepted without further authentication. W.G. Agnew SCHEDULE CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF ISRAEL PROVIDING FOR THE RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL MATTERS The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Israel; Desiring to provide on the basis of reciprocity for the recognition and enforcement of judgments in civil matters; Have agreed as follows: General ARTICLE 1 For the purposes of this Convention: a “ territory ” shall be interpreted in accordance with the provisions of Article 10; b “ judgment ” means any decision of a court, however described (judgment, order or the like), by which the rights of the parties are determined and which cannot be altered by that court. It includes judgments against which an appeal may be pending or which may still be subject to appeal in the courts of the country of the original court. If the amount of the costs or interest to be paid under a judgment is not fixed by the judgment itself but by a separate court order, such order shall be deemed to be part of the judgment for the purposes of this Convention; c “ original court ” means in relation to any judgment the court by which such judgment was given; and “court applied to” the court in which it is sought to obtain recognition of a judgment or to which an application for the registration of a judgment or for the grant of an enforcement declaration is made; d “ judgment debtor ” means the person against whom the judgment was given in the original court and includes, where necessary, any person against whom such judgment is enforceable under the law of the country of the original court; e “ judgment creditor ” means the person in whose favour the judgment was given and includes, where necessary, any other person in whom the rights under the judgment have become vested under the law of the country of the original court; f “ appeal ” includes any proceeding by way of discharging or setting aside a judgment or an application for a new trial or a stay of execution. ARTICLE 2 1 Subject to the provisions of paragraph (2) of this Article, this Convention shall apply to judgments in any civil proceedings, and to judgments in any criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party, given after the date of the entry into force of this Convention by the following courts: a in the case of the United Kingdom, the House of Lords; for England and Wales, the Supreme Court of Judicature (Court of Appeal and High Court of Justice) and the Courts of Chancery of the Counties Palatine of Lancaster and Durham; for Scotland, the Court of Session and the Sheriff Court; and for Northern Ireland, the Supreme Court of Judicature; and b in the case of Israel, the Supreme Court, the District Courts, Rabbinical Courts, Moslem Religious Courts, Christian Religious Courts and Druze Religious Courts. 2 This Convention shall not apply to: a judgments given on appeal from courts not referred to in paragraph (1) of this Article; b judgments given in proceedings for the recovery of taxes or other charges of a like nature or for the recovery of a fine or other penalty; c judgments given in proceedings arising out of injury or damage falling within the definition of “nuclear damage” in the Vienna Convention of the 21st of May, 1963 on Civil Liability for Nuclear Damage . 3 This Convention shall not preclude the recognition and enforcement in the territory of one Contracting Party, in accordance with the municipal law for the time being in force in the country concerned, of judgments given by any court in the territory of the other Contracting Party, being judgments to which this Convention does not apply or judgments given in circumstances where the provisions of this Convention do not require such recognition or enforcement. Recognition of judgments ARTICLE 3 1 For the purposes of this Convention, the recognition of a judgment means that the judgment shall be treated as conclusive as to the matter thereby adjudicated upon in any further action as between the same parties (judgment creditor and judgment debtor). 2 Judgments given in the territory of one Contracting Party shall be recognised in the territory of the other subject to the provisions of paragraphs (3), (4) and (5) of this Article and where no objection to the judgment can be established on any of the following grounds: a in the case in question, the jurisdiction of the original court is not recognised under the provisions of Article 4; b the judgment debtor, being the defendant in the proceedings in the original court, did not, notwithstanding that process may have been duly served on him in accordance with the law of the country of the original court, receive notice of those proceedings in sufficient time to enable him to defend the proceedings and did not appear, or if it is proved to the court applied to that he was not afforded a reasonable opportunity to present his arguments and to produce his evidence; c the judgment was, in the opinion of the court applied to, obtained by fraud; d the recognition of the judgment is likely to prejudice the sovereignty or safety of the State or would be contrary to public policy; e the judgment debtor, being a defendant in the original proceedings, was a person who, under the rules of public international law, was entitled to immunity from the jurisdiction of the courts of the country of the original court and did not submit to the jurisdiction of that court; f the judgment is sought to be enforced against a person who, under the rules of public international law, is entitled to immunity from the jurisdiction of the court applied to. 3 Where the court applied to is satisfied that proceedings by way of appeal have been instituted against the judgment in the country of the original court, or that such proceedings have not been actually instituted, but the time for appeal has not elapsed under the law of that country, the court applied to may, in so far as the law of its country permits, recognise the judgment, refuse to recognise the judgment or adjourn its decision on the recognition of the judgment so as to allow the judgment debtor an opportunity of completing or of instituting such proceedings. 4 Where the court applied to is satisfied that the matter in dispute in the proceedings in the original court had, previously to the date of the judgment in the original court, been the subject of a judgment by a court having jurisdiction in the matter, the court applied to may refuse to recognise the judgment of the original court. 5 Where the court applied to is satisfied that, at the time when proceedings were instituted in the original court in the matter in dispute, proceedings as to the same matter between the same parties were pending before any court or tribunal of the country of the court applied to, the latter may refuse to recognise the judgment of the original court. ARTICLE 4 1 For the purposes of sub-paragraph (a) of paragraph (2)of Article 3, the courts of the country of the original court shall, subject to the provisions of paragraphs (2) to (5) of this Article, be recognised as possessing jurisdiction in all cases: a if the judgment debtor, being a defendant in the proceedings in the original court, submitted to the jurisdiction of that court by voluntarily appearing in the proceedings otherwise than for the purpose of protecting, or obtaining the release of, property seized, or threatened with seizure, in the proceedings or of contesting the jurisdiction of that court; or b if the judgment debtor was plaintiff or counter-claimant in the proceedings in the original court; or c if the judgment debtor, being a defendant in the proceedings in the original court, had before the commencement of the proceedings agreed, in respect of the subject matter of the proceedings, to submit to the jurisdiction of that court or of the courts of the country of that court; or d if the judgment debtor, being a defendant in the original court, was, at the time when the proceedings were instituted, resident, or being a body corporate had its principal place of business, in the country of that court; or e if the judgment debtor, being a defendant in the original court, had an office or place of business in the country of that court and the proceedings in that court were in respect of a transaction effected through or at that office or place. 2 The provisions of paragraph (1) of this Article shall not apply to judgments where the subject matter of the proceedings was immovable property, unless such property was situated in the country of the original court. 3 The provisions of paragraph (1) of this Article shall not apply to judgments given in actions of which the subject matter was ships, aircraft or their cargo, if, according to the law of either Contracting Party, they are conclusive not only against the parties to the proceedings but also against any other person claiming an interest in such ships, aircraft or their cargo inconsistent with the judgment. The jurisdiction of the original court shall, however, be recognised if such ships, aircraft or their cargo were situated in the country of the original court at the time of the commencement of the proceedings in that court. 4 The jurisdiction of the original court need not be recognised in the cases specified in sub-paragraphs (d) and (e) of paragraph (1) and in paragraphs (2) and (3) of this Article, if the bringing of the proceedings in the original court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the courts of the country of the original court. 5 The provisions of paragraph (1) of this Article shall not apply to judgments in any proceedings concerning matrimonial matters, administration of the estates of deceased persons, bankruptcy, winding up of companies, lunacy, guardianship of infants or paternity. However, in the case of such judgments, the jurisdiction of the courts of the country of the original court shall be recognised where such recognition is in accordance with the law of the country of the court applied to. Enforcement of judgments ARTICLE 5 1 Subject to the provisions of paragraph (2) of this Article, judgments given in the territory of one Contracting Party shall be enforced by execution in the territory of the other in the manner provided in Articles 6 to 8 of this Convention, provided that the following conditions are fulfilled: a they are enforceable by execution in the country of the original court; b there is payable thereunder a sum of money; c the judgment debt has not been wholly satisfied; d they are recognised by the court applied to under the provisions of Article 3. 2 Where the court applied to is satisfied that proceedings by way of appeal have been instituted against the judgment in the country of the original court, or that such proceedings have not been actually instituted, but the time for appeal has not elapsed under the law of that country, the court applied to may, in so far as the law of its country permits, enforce the judgment, refuse to enforce the judgment or adjourn its decision on the enforcement of the judgment so as to allow the judgment debtor an opportunity of completing or of instituting such proceedings. ARTICLE 6 1 In order that a judgment given in the courts of Israel may be enforced in the territory within the jurisdiction of the courts of the United Kingdom, an application by a judgment creditor for its registration should, in accordance with the procedure of the court applied to be made: a in England and Wales, to the High Court of Justice; b in Scotland, to the Court of Session; and c in Northern Ireland, to the Supreme Court of Judicature. 2 The application for registration should be accompanied by: a a certified copy of the complete judgment authenticated by the court stamp and accompanied by a certificate issued by an officer of the original court that it is capable of execution in the country of that court; b an affidavit of the facts required by the rules of the court applied to; c a translation into English of any document required by this paragraph certified by a notary or by a diplomatic or consular officer of either Contracting Party. 3 The documents enumerated in paragraph (2) shall require no further authentication. 4 If an application is made in accordance with paragraphs (1) and (2) of this Article in respect of a judgment fulfilling the conditions laid down in Article 5, registration shall be granted. ARTICLE 7 1 In order that a judgment given in the courts of the United Kingdom may be enforced in the territory within the jurisdiction of the courts of Israel, an application by a judgment creditor for the grant of an enforcement declaration should, in accordance with the procedure of the court applied to, be made to the District Court of Jerusalem. 2 The application for the grant of an enforcement declaration should be accompanied by: a a certified copy of the judgment authenticated by the court seal, or in the case of judgments of the Sheriff Court, authenticated by the signature of the Sheriff Clerk; b an affidavit of the facts required by the rules of the court applied to; c a certificate issued by the original court giving particulars of the proceedings and a statement of the grounds on which the judgment was based, and specifying whether at the date of the issue of the certificate the time for appeal has elapsed without any proceedings by way of appeal having been instituted against the judgment in the United Kingdom; d a translation into Hebrew of any document required by this paragraph certified by a sworn translator or by a diplomatic or consular officer of either Contracting Party. 3 The documents enumerated in paragraph (2) shall require no further authentication. 4 If an application is made in accordance with paragraphs (1) and (2) of this Article in respect of a judgment fulfilling the conditions laid down in Article 5, an enforcement declaration shall be granted. ARTICLE 8 1 From the date on which it is granted registration under Article 6 or an enforcement declaration under Article 7 a judgment shall, for the purpose of its execution by virtue of that grant, have effect in the country of the court applied to as if it were a judgment originally given in that country on that date. 2 The procedure for the registration of a judgment under Article 6 and the procedure for the grant of an enforcement declaration of a judgment under Article 7 shall be as simple and rapid as possible, and no security for costs shall be required of any person making application for such registration or for the grant of an enforcement declaration. 3 A period of not less than six years, running from the date of the judgment of the original court if no appeal has been brought to a higher court in the country of the original court or from the date of the judgment given in the last instance if such an appeal has been brought, shall be allowed by the court applied to for the purpose of making any application for registration or for a grant of an enforcement declaration. 4 if it is found by the court applied to that the judgment of the original court is in respect of different matters and that one or more, but not all, of the provisions of the judgment are such that, if those provisions had been contained in separate judgments, those judgments could properly have been registered or could have been granted an enforcement declaration, the judgment may be registered or granted an enforcement declaration in respect only of the provisions aforesaid. 5 If it is found by the court applied to that the judgment has been, at the date of the application, partly but not wholly satisfied by payment, the judgment shall be registered or an enforcement declaration shall be granted in respect of the balance remaining payable at that date, provided that the judgment is otherwise one which would be enforceable under the provisions of this Convention. 6 If under a judgment a sum of money is payable which is expressed in a currency other than that of the country of the court applied to, the law of the country of the court applied to shall determine if, and if so in what manner and in what conditions, the amount payable under the judgment may or shall be converted into the currency of the country of the court applied to for the purposes of the satisfaction or enforcement of the judgment debt. 7 When granting registration or an enforcement declaration, the court applied to shall, if so requested by the judgment creditor, include the costs of an incidental to registration or the grant of an enforcement declaration. 8 Where a judgment is granted registration or an enforcement declaration it shall carry, in respect of the period up to the date of the grant, interest at the rate, if any, specified in the judgment or in any certificate of the original court accompanying the judgment. As from the date of the grant, interest shall be allowed at 4 per cent. per annum on the total sum (principal and interest) in respect of which the registration or the enforcement declaration is granted. Final provisions ARTICLE 9 Any difficulties which may arise in connexion with the interpretation or application of this Convention shall be settled through the diplomatic channel. ARTICLE 10 1 This Convention shall apply in the case of the Government of the United Kingdom of Great Britain and Northern Ireland to the territory within the jurisdiction of the courts of England and Wales, Scotland and Northern Ireland, and in the case of the Government of Israel, to the territory within the jurisdiction of the courts of Israel. 2 The Government of the United Kingdom may, by a notification given through the diplomatic channel, at any time while this Convention is in force, and provided that an agreement has been concluded by an Exchange of Notes on the points mentioned in paragraph (3) of this Article, extend the operation of this Convention to any territory for whose international relations the Government of the United Kingdom are responsible. 3 Prior to any notification of extension in respect of any territory under the preceding paragraph, an agreement shall be concluded between the Contracting Parties by an Exchange of Notes as to the courts of the territory concerned which shall be courts to whose judgments this Convention shall apply, and the courts to which application for the registration of any judgment shall be made. 4 The date of the coming into force of any extension under this Article shall be three months from the date of the notification given under paragraph (2) of this Article. 5 Either of the Contracting Parties may, at any time after the expiry of three years from the coming into force of an extension of this Convention to any of the territories referred to in paragraph (2) of this Article, terminate such extension on giving six months' notice of termination through the diplomatic channel. 6 The termination of this Convention under Article 11 shall, unless otherwise expressly agreed by both Contracting Parties, also terminate it in respect of any territory to which it has been extended under paragraph (2) of this Article. ARTICLE 11 This Convention shall be subject to ratification. Instruments of ratification shall be exchanged as soon as possible. The Convention shall come into force three months after the date on which the instruments of ratification are exchanged and shall remain in force for three years after the date of its coming into force. If neither of the Contracting Parties shall have given notice through the diplomatic channel to the other, not less than six months before the expiration of the said period of three years, of intention to terminate the Convention, it shall remain in force until the expiration of six months from the date on which either of the Contracting Parties shall have given notice to terminate it. In witness whereof the undersigned, being duly authorised thereto by their respective Governments, have signed this Convention. Done in duplicate at London this 28th day of October, 1970, corresponding to the 28th day of Tishri, 5731, in the English and Hebrew languages, both texts being equally authoritative. For the Government of the United Kingdom of Great Britain and Northern Ireland: JOSEPH GODBER For the Government of Israel: MICHAEL COMAY

The Royal Irish Constabulary (Widows' Pensions) Regulations 1971 In exercise of the powers conferred on me by section 1 of the Royal Irish Constabulary (Widows' Pensions) Act 1954 (read with Article 2(1) of the Minister for the Civil Service Order 1968 ), I hereby, with the consent of the Minister for the Civil Service, make the following Regulations: — Citation and commencement 1 These Regulations may be cited as the Royal Irish Constabulary (Widows' Pensions) Regulations 1971 and shall come into operation on 20th September 1971. Revocations 2 The Regulations set out in the Schedule hereto are hereby revoked. Interpretation 3 1 In these Regulations “ the standard weekly rate ” means the rate of £6.00 a week unless the widow is over the age of 80 years in which case it means the rate of £6.25 a week . 2 In these Regulations “ state insurance benefit ” means any benefit or pension under the National Insurance Act 1965 or the National Insurance (Industrial Injuries) Act 1965 or any similar benefit or pension paid out of public funds in Northern Ireland, any of the Channel Islands, the Isle of Man or the Republic of Ireland . 3 In these Regulations, “ child ” includes a stepchild and a child adopted in pursuance of an order of a court of law; and for the purposes of these Regulations a child may be treated as a dependent child — a during any period while he is under the age of 15 years; and b during any period before the first day of August next following the day on which he attains the age of 16 years while he is undergoing full-time instruction in a school or is an apprentice. 4 Any reference in these Regulations to the rate of any pension shall be construed as a reference to that rate after taking into account any increases payable under the Pensions (Increase) Act 1971. 5 For the purpose of determining the amount of any payment under these Regulations there shall be deemed to be 52 weeks and one-sixth of a week in every year. 6 Any reference in these Regulations to any enactment shall be construed as a reference to that enactment as amended by or under any subsequent enactment. 7 The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament. Supplementary allowance payable to certain widow pensioners 4 Where the widow of a former member of the Royal Irish Constabulary is entitled to a pension under the enactments (other than the Royal Irish Constabulary (Widows' Pensions) Act 1954) relating to the pensions of that force, then, if and for so long as — a the conditions prescribed by Regulation 7 of these Regulations are satisfied in her case, and b the combined rate of the said pension and of any state insurance benefit received by her is less than the standard weekly rate, a supplementary allowance may, if the Secretary of State thinks fit, be paid to that widow at such rate, subject to the provisions of Regulation 6 of these Regulations, as will secure that the combined rate of the said pension of any state insurance benefit received by her and of the said allowance is equal to the standard weekly rate. Pension payable to certain widows not otherwise entitled to pension 5 Where a widow is not entitled to a pension under the aforesaid enactments in a case where her husband ceased to be a member of the Royal Irish Constabulary before 1st September 1918, or if his rank was higher than that of head constable major before 1st April 1919, then, if and for so long as — a the conditions prescribed by Regulation 7, and one of the further conditions prescribed by Regulation 8, of these Regulations are satisfied in her case, and b the rate of any state insurance benefit received by her is less than the standard weekly rate, a pension may, if the Secretary of State thinks fit, be paid to that widow at such rate, subject to the provisions of Regulation 6 of these Regulations, as will secure that the combined rate of the said pension and of any state insurance benefit received by her is equal to the standard weekly rate: Provided that the rate of the pension shall, subject to the provisions of Regulation 6 of these Regulations, be £0.25 a week in any case where the weekly rate otherwise payable under this Regulation would be less than that sum. Adjustment of supplementary allowances and pensions in relation to noncontributory pensions 6 Where a widow is in receipt of a non-contributory pension under the Old Age Pensions Act 1936, or any similar pension paid out of public funds in Northern Ireland, any of the Channel Islands, the Isle of Man or the Republic of Ireland, the Secretary of State may make such reduction in the amount of any supplementary allowance or pension otherwise payable to her under these Regulations as may be necessary to secure that she shall receive the greatest possible amount in respect of the supplementary allowance or pension, as the case may be, and the non-contributory pension taken together. Conditions for payment of supplementary allowances and pensions 7 1 The prescribed conditions referred to in Regulations 4(a) and 5(a) of these Regulations are the following, that is to say: — a that the widow married her husband before he ceased to be a member of the Royal Irish Constabulary; b that she has attained the age of 60 or is incapable of self-support or has a dependent child; c that she is ordinarily resident in the United Kingdom, any of the Channel Islands, the Isle of Man or the Republic of Ireland. 2 For the purposes of sub-paragraph (b) of the foregoing paragraph, a woman shall be deemed incapable of self-support if, but only if, she is incapable of supporting herself by reason of physical or mental infirmity and is likely to remain so incapable for a prolonged period. Further conditions for payment of pensions 8 The further prescribed conditions referred to in Regulation 5(a) of these Regulations are the following, that is to say: — a that the member in question died while serving in the Royal Irish Constabulary or while in receipt of a pension under the enactments relating to the pensions of that force; b that having retired without a pension from that force on account of injury or disease, he died in consequence of that injury or disease; c that he died or was disabled while employed on naval or military service in such circumstances that subsection (2) of section 1 of the Irish Police (Naval and Military Service) Act 1915 applied in his case. Payments after remarriage 9 Where the widow of a former member of the Royal Irish Constabulary has remarried and again become a widow, the same payments may be made to her under these Regulations as if she had not remarried; but save as aforesaid no payment shall be made under these Regulations where a widow of a former member of that force has remarried or is otherwise cohabiting with a man. Application of provisions of 1922 Order 10 Articles 15 and 16 of the Royal Irish Constabulary Pensions Order 1922 (which relate to the assignment, forfeiture and withdrawal of pensions and contain provisions regulating payment), shall apply to any supplementary allowance or pension payable under these Regulations as the said Articles apply to a pension payable under that Order. R. Maudling One of Her Majesty's Principal Secretaries of State 2nd September 1971 Consent of the Minister for the Civil Service given under his Official Seal on 2nd September 1971. K. H. McNeill Authorised by the Minister for the Civil Service SCHEDULE REGULATIONS REVOKED The Royal Irish Constabulary (Widows' Pensions) Regulations 1958 S.I. 1958/101 (1958 I, p. 354). The Royal Irish Constabulary (Widows' Pensions) Regulations 1961 S.I. 1961/402 (1961 I, p. 584). The Royal Irish Constabulary (Widows' Pensions) Regulations 1963 S.I. 1963/920 (1963 II , p. 1547). The Royal Irish Constabulary (Widows' Pensions) Regulations 1965 S.I. 1965/500 (1965 I, p. 1249). The Royal Irish Constabulary (Widows' Pensions) Regulations 1967 S.I. 1967/1501 (1967 III , p. 4208). The Royal Irish Constabulary (Widows' Pensions) Regulations 1969 S.I. 1969/1517 (1969 III, p. 4937).

Atomic Energy Authority Act 1971 Transfer of parts of Authority's undertaking Transfer of part of Authority's undertaking to Nuclear Fuels Company 1 1 On the appointed day there shall, by virtue of this Act and without further assurance, be transferred to British Nuclear Fuels Limited (in this Act referred to as " the Nuclear Fuels Company ") — a so much of the undertaking of the United Kingdom' Atomic Energy Authority (in this Act referred to as " the Authority ") as, immediately before that day, is financed out of the Authority's trading fund and is not excepted from this paragraph by subsection (2) of this section; b all such property, rights, liabilities and obligations as, immediately before the appointed day, are property, rights, liabilities and obligations of the Authority appertaining to that part of the Authority's undertaking which falls within paragraph (a) of this subsection and are not excepted from this paragraph by or under subsection (2) of this section or section 3, section 5 or section 6 of this Act; and c all such lands and premises as immediately before the appointed day are the property of the Authority at Springfields in the county of Lancaster or at Windscale in the county of Cumberland and do not fall within paragraph (b) of this subsection. 2 There are excepted — a from paragraph (a) of the preceding subsection, so much of the undertaking of the Authority as immediately before the appointed day is carried on at the Authority's Radiochemical Centre at Amersham in the county of Buckingham (in this Act referred to as " the Radiochemical Centre "), or is carried on at the Authority's establishment at Harwell in the county of Berkshire, and b from paragraph (b) of that subsection, all such lands and premises as immediately before that day are occupied for the purposes of the Authority's establishment at Risley in the county of Lancaster (whether any such lands or premises are situated in that county or in the county of Chester). 3 For the purposes of this and the next following section any part of the Authority's undertaking shall be taken to be financed out of the Authority's trading fund at any time if the expenses of the Authority in carrying on that part of the undertaking are at that time treated in the accounts of the Authority as payable out of that fund. Transfer of part of Authority's undertaking to Radiochemical Company 2 1 On the appointed day there shall, by virtue of this Act and without further assurance, be transferred to The Radiochemical Centre Limited (in this Act referred to as " the Radiochemical Company ") — a so much of the undertaking of the Authority as immediately before that day is financed out of the Authority's trading fund and is carried on at the Radiochemical Centre or at the Authority's establishment at Harwell; and b all such property, rights, liabilities and obligations as, immediately before that day, are property, rights, liabilities and obligations of the Authority appertaining to that part of the Authority's undertaking which falls within paragraph (a) of this subsection and are not excepted from this paragraph by or under subsection (2) of this section or section 3, section 5 or section 6 of this Act. 2 There are excepted from paragraph (b) of the preceding subsection all lands and premises forming part of the Authority's establishment at Harwell. Exclusions from transfers in respect of patents and other industrial property 3 1 There is excepted from paragraph (b) of section 1(1) and from paragraph (b) of section 2(1) of this Act any interest of the Authority in — a any patent, registered design or registered trade mark, or b any application for the grant of a patent, or for the registration of a design or of a trade mark, which is pending immediately before the day which is the appointed day for the purposes of section 1 or section 2 of this Act, as the case may be, or c any invention in respect of which an application for a patent is pending as mentioned in paragraph (b) of this subsection or which, in pursuance of arrangements made in that behalf by the Authority, is recorded as having been made before the day mentioned in that paragraph. 2 There are also excepted from paragraph (b) of section 1(1) and from paragraph (b) of section 2(1) of this Act — a any rights, liabilities or obligations of the Authority in respect of any licence to use a patented invention, registered design or registered trade mark, or to use an invention, design or trade mark in respect of which an application for a patent, or for registration of the design or trade mark, is pending, whether any such licence was granted by or to the Authority, including any rights to grant sub-licences under any such licence ; b any rights, liabilities or obligations of the Authority arising under any assignment (whether by or to the Authority) of a patent, registered design or registered trade mark, or of the right to apply for or to obtain any patent or to apply for or to obtain registration of a design or trade mark ; and c any rights, liabilities or obligations of the Authority under any agreement in so far as it provides (whether conditionally or otherwise) for any such licence or such licence as is mentioned in paragraph (a) or any such assignment as is mentioned in paragraph (b) of this subsection to be granted or made in the future or for the furnishing of information or technical assistance relating to any invention, design or trade mark, whether actual or prospective. 3 Where by virtue of subsection (1) or subsection (2) of this section any interest, rights, liabilities or obligations are excepted as therein mentioned, the exception shall include the copyright in — a any literary work consisting of a document by which the interest, rights, liabilities or obligations were conferred or imposed or in which the subject-matter to which they relate is embodied, or b any artistic work on which that subject-matter was based or from which it was wholly or partly derived. 4 The Authority shall make available to each of the companies such facilities for, and information relating to, the use of any invention, design or trade mark in respect of which an exception is made by the preceding provisions of this section as may be agreed between the Authority and the company to be requisite for the purposes of the part of the Authority's undertaking transferred to that company by virtue of this Act, or as, in default of such agreement, the Secretary of State may direct as being requisite for those purposes; and any such facilities or information shall be so made available in such manner, and on such terms as to payment or otherwise, as may be agreed between the Authority and the company or as, in default of such agreement, the Secretary of State may direct. 5 In this section any reference to a patent, or to a registered design or registered trade mark, or to copyright, shall be construed as referring to a patent granted, or a design or trade mark registered, or to copyright subsisting, under the laws of any country or territory outside the United Kingdom as well as to a patent granted, design or trade mark registered, or copyright subsisting, under the laws of the United Kingdom. Use of certain lands, premises, apparatus, facilities and services 4 1 The Nuclear Fuels Company — a shall secure to the Authority the exclusive occupation and use of the lands and premises transferred by subsection (1) of section 1 of this Act as being lands or premises falling within paragraph (c) of that subsection, and b shall make available to the Authority the use of such means of access and other facilities and services as may be agreed between them to be requisite in connection with the occupation and use of those lands and premises or as, in default of such agreement, the Secretary of State may direct as being in his opinion requisite in connection therewith. 2 The Authority shall secure to the Radiochemical Company the exclusive occupation and use of the lands and premises at Harwell which, immediately before the day which is the appointed day for the purposes of section 2 of this Act, are occupied and used exclusively for the purposes of that part of the Authority's undertaking which is transferred by that section, and shall make available to that company the use of — a such means of access and other facilities and services as may be agreed between them to be requisite in connection with the occupation and use of those lands and premises or as, in default of such agreement, the Secretary of State may direct as being in his opinion requisite in connection therewith, and b all such additional apparatus, facilities and services as may be agreed between them to be additional apparatus, facilities and services which, immediately before that day, were used or enjoyed in connection with that part of the Authority's undertaking carried on at Harwell which is transferred by section 2 of this Act or as, in default of such agreement, the Secretary of State may direct as being in his opinion additional apparatus, facilities and services which were so used or enjoyed. 3 The terms on which anything is secured or made available to the Authority in accordance with subsection (1) of this section shall not include any rent or payment in the nature of rent (as distinct from any payment in respect of rates, maintenance or other outgoings). 4 Subject to subsection (3) of this section, anything which, in accordance with subsection (1) or subsection (2) of this section, is required to be secured or made available shall be so secured or made available on such terms, as to payment or otherwise, as may be agreed between the Authority and the Nuclear Fuels Company, or between the Authority and the Radiochemical Company, as the case may be, or as, in default of such agreement, the Secretary of State may direct. 5 In this section any reference to additional apparatus, facilities and services is a reference to apparatus, facilities and services which — a do not form part of the property and rights transferred by section 2 of this Act, and b do not fall within subsection (2)(a) of this section. Powers of Secretary of State in relation to transfers under ss. 1 and 2 5 1 The Secretary of State may give such directions extending or restricting the operation of any of the provisions of sections 1 and 2 of this Act as he may consider expedient for the purpose of making minor adjustments of the property, rights, liabilities and obligations transferred by virtue of either of those sections, in order to facilitate the carrying on of any part of the Authority's undertaking thereby transferred or to facilitate the carrying on of so much of that undertaking as is not so transferred. 2 Any directions under subsection (1) of this section may in particular provide for dividing and apportioning any property, rights, liabilities or obligations between the Authority and the companies or any two of them. 3 For the purposes of section 1 or section 2 of this Act the Secretary of State may give a direction with respect to any sum which, immediately before the day which is the appointed day for the purposes of that section, is treated in the accounts of the Authority as loan capital advanced from the Consolidated Fund, that is to say, the Secretary of State may direct — a that the sum in question shall for those purposes be taken to be a debt incurred by the Authority to the Secretary of State and repayable with interest on the terms provided by such arrangements relating to it as are for the time being in force as between the Authority and the Secretary of State, and b that the liability of the Authority for repayment of the principal of, and payment of interest on, so much of that debt as is apportioned by the direction to the Nuclear Fuels Company or to the Radiochemical Company shall for those purposes be taken to be a liability appertaining to the part of the Authority's undertaking transferred to that company by section 1 or section 2 of this Act, as the case may be. 4 The Secretary of State may give directions — a excepting from the operation of section 1 or section 2 of this Act any books or other documents which in his opinion are not required for use in connection with the part of the Authority's undertaking thereby transferred, or b extending the operation of either of those sections to any books or other documents which in his opinion are required for such use. 5 Subject to the next following subsection, a certificate issued by the Secretary of State to the effect that any part of the Authority's undertaking or any property of the Authority which is specified in the certificate was, or was not, transferred to the Nuclear Fuels Company or to the Radiochemical Company by virtue of this Act, or that any rights, liabilities or obligations of the Authority specified in the certificate were, or were not, so transferred, shall be conclusive evidence of the matters stated in the certificate. 6 The issue of a certificate under subsection (5) of this section shall not prevent a subsequent direction being given under any of the preceding provisions of this section in relation to any property, rights, liabilities or obligations to which the certificate relates. 7 Before giving any direction or issuing any certificate under this section in relation to any matter the Secretary of State shall consult the Authority and the companies, if all three of them are affected by that matter, or, if only two of them are affected by it, shall consult those two; and on giving any direction or issuing any certificate under this section the Secretary of State shall send a copy of it to each of those bodies which is affected by it. 8 No directions shall be given under subsection (1), subsection (3) or subsection (4) of this section after the end of the period of two years beginning with the day which is the appointed day for the purposes of sections 1 and 2 of this Act (or, if different days are appointed for the purposes of those sections respectively, the period of two years beginning with the later of those days). Supplementary provisions relating to transfers 6 1 In addition to any matter which by or under any of the preceding provisions of this Act is excepted from paragraph (b) of section 1(1) or from paragraph (b) of section 2(1) of this Act, there are excepted from those paragraphs any rights, liabilities or obligations of the Authority under — a any contract of employment; b any agreement for the rendering by a person of services to the Authority in his capacity as a member of the Authority; or c any pension scheme or agreement relating to a pension scheme. 2 Where immediately before the day which is the appointed day for the purposes of section 1 or section 2 of this Act there is in force an agreement which — a confers or imposes on the Authority any rights, liabilities or obligations which are transferred to one of the companies by virtue of that section, and b refers (in whatever terms and whether expressly or by implication) to a member or officer of the Authority, the agreement shall have effect, in relation to anything falling to be done on or after that day, as if for that reference there were substituted a reference to such person as that company may appoint or, in default of such appointment, to the officer of that company who corresponds as nearly as may be to the member or officer of the Authority in question. 3 Where any right, liability or obligation is transferred to one of the companies by virtue of this Act, that company and all other persons shall, on and after the day on which it is so transferred, have the same rights, powers and remedies (and, in particular, the same rights as to the taking or resisting of legal proceedings) for ascertaining, perfecting or enforcing that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the company; and any legal proceedings by or against the Authority which relate to any property, right, liability or obligation transferred to one of the companies by virtue of this Act, and are pending on the day when the transfer takes effect, may be continued on and after that day by or against the company. 4 In subsection (3) of this section any reference to legal proceedings shall be construed as including a reference to any application to an authority, and any reference to the taking or resisting of legal proceedings shall be construed accordingly. Issue of shares in consideration of transfers 7 Each of the companies shall, in consideration of the property, rights, liabilities and obligations transferred to it by virtue of this Act, issue to the Authority, credited as fully paid up, such shares in the company as may be agreed between the company and the Authority with the approval of the Secretary of State and of the Treasury. Provisions as to employees Employees in transferred parts of undertaking 8 1 Subject to the following provisions of this section — a every person who, immediately before the day which is the appointed day for the purposes of section 1 of this Act, is an employee of the Authority engaged in that part of the Authority's undertaking which is transferred by virtue of that section shall on that day by virtue of this subsection cease to be employed by the Authority and become an employee of the Nuclear Fuels Company, and b every person who, immediately before the day which is the appointed day for the purposes of section 2 of this Act, is an employee of the Authority engaged in that part of the Authority's undertaking which is transferred by virtue of that section shall on that day by virtue of this subsection cease to be employed by the Authority and become an employee of the Radiochemical Company; and in the following provisions of this section and in sections 9, 10 and 20 of this Act " the date of transfer ", in relation to any such person, means the day on which, by virtue of paragraph (a) or paragraph (b) of this subsection, he becomes an employee of the Nuclear Fuels Company or of the Radiochemical Company, as the case may be. 2 Paragraph (a) of subsection (1) of this section shall not have effect in relation to any person who, immediately before the day referred to in that paragraph, is employed as a member of the Authority's constabulary. 3 Where by virtue of subsection (1) of this section a person becomes an employee of one of the companies, then, subject to the following provisions of this section, he shall be deemed to be employed by that company on the terms and conditions appropriate to him immediately after the transfer, and a contract consisting of those terms and conditions shall be deemed to be in force between him and that company accordingly until it is duly terminated by notice or otherwise. 4 For the purposes of this section, in relation to a person who by virtue of subsection (1) of this section becomes an employee of one of the companies, the terms and conditions appropriate to him immediately after the transfer shall be taken to be such terms and conditions as correspond, as nearly as the circumstances permit, to those which immediately before the date of transfer applied to him under his contract of employment with the Authority. 5 Where any notice given by or to any such employee in pursuance of his contract of employment with the Authority is due to expire after the date of transfer, or any procedure or other matter is pending between any such employee and the Authority immediately before that date, the notice shall continue to have effect or, as the case may be, the procedure or other matter may be continued after that date as between him and the company of which he becomes an employee on that date as if it had been given or initiated in accordance with the terms and conditions appropriate to him immediately after the transfer, subject to such modifications as may be requisite — a for bringing it into conformity with those terms and conditions, and b in particular, in so far as anything relating to the matter in question would have fallen to be done by or in relation to a specified member or officer of the Authority, for substituting for that member or officer such officer of the company as may be designated by or on behalf of the company as the officer who corresponds as nearly as may be to the specified member or officer of the Authority. 6 Nothing in subsection (3) or subsection (5) of this section shall have effect in relation to an employee in respect of any time after the contract deemed to be in force between him and one of the companies by virtue of subsection (3) of this section has been superseded by a new contract of employment made between him and the company; and nothing in those subsections shall be construed as preventing a contract so deemed to be in force from being varied by agreement between the employer and the employee. Machinery for settling terms and conditions of employment 9 1 It shall be the duty of each of the companies to seek consultation with any organisation appearing to them to be appropriate, with a view to the conclusion between the company and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance of machinery for — a the settlement by negotiation of terms and conditions of employment of persons employed by the company, with provision for reference to arbitration, in default of such settlement, of such cases as may be determined by or under the agreements, and b the promotion and encouragement of measures affecting the safety, health and welfare of persons employed by the company and (so far as in the opinion of the company considerations of national security permit) the discussion of other matters of mutual interest to the company and their employees, including efficiency in the work of the company. 2 In concluding any such agreement as is mentioned in subsection (1) of this section, in so far as the agreement relates to persons who by virtue of subsection (1) of section 8 of this Act become employees of one of the companies. — a the company and the organisation with which the agreement is made shall have regard to the principle that any terms and conditions of employment which, in the case of any such person, are to take effect in substitution for the contract deemed to be in force by virtue of subsection (3) of that section ought, taken as a whole, to be no less favourable to him than the terms and conditions which immediately before the date of transfer applied to him under his contract of employment with the Authority, and b the company and the organisation shall secure that (without prejudice to any other provision for arbitration which may be contained in the agreement) the agreement shall provide for arbitration in any case of dispute on the question whether any particular terms and conditions proposed to be so substituted would conform to that principle. 3 In subsection (2) of this section references to terms and conditions of employment shall be construed as not including any terms or conditions relating to pensions or to inclusion in a pension scheme. 4 Nothing in subsection (2) of this section shall have effect in relation to any terms or conditions proposed by way of variation of, or in substitution for, terms and conditions of employment which (whether settled by negotiation or by arbitration) have been substituted for the contracts deemed to be in force by virtue of section 8(3) of this Act. Supplementary provisions relating to contracts of employment 10 1 Notwithstanding anything in section 22 of the Redundancy Payments Act 1965 (implied or constructive termination of contract), the operation of section 8(1) of this Act in relation to any person shall not be treated for the purposes of that Act as a termination by the Authority of his contract of employment. 2 Where section 8(1) of this Act has effect in relation to an employee of the Authority, and immediately before the date of transfer section 4 of the Contracts of Employment Act 1963 (written particulars of terms of employment) does not apply to him by virtue of subsection (8) of that section (which relates to employees whose contracts have been reduced to writing) — a the said section 4 shall not apply to him as an employee of the Nuclear Fuels Company or of the Radiochemical Company, as the case may be, until such time as the contract deemed to be in force between him and that company by virtue of section 8(3) of this Act is superseded by a new contract of employment made between him and the company, but b when the contract so deemed to be in force is superseded by a new contract as mentioned in the preceding paragraph, the company (unless exempted by subsection (8) of that section apart from this subsection) shall give to him a written statement under subsection (1) of that section not more than one month after the making of that new contract. 3 Section 4A(1) of the Contracts of Employment Act 1963 (references to tribunal as to particulars of terms of employment) shall have effect in relation to any requirement imposed by subsection (2)(b) of this section as if it had been a requirement imposed by section 4 of that Act. 4 For the purposes of Schedule 1 to the Contracts of Employment Act 1963 (computation of period of employment), and of that Schedule as applied by any provisions of the Redundancy Payments Act 1965, the transfer effected by virtue of section 1 or section 2 of this Act shall, without prejudice to the generality of sub-paragraph (2) of paragraph 10 of that Schedule, be taken to be such a transfer of an undertaking as is mentioned in that sub-paragraph, and accordingly the continuity of the period of employment of employees of the Authority engaged in that part of the Authority's undertaking which is so transferred shall be treated as not having been broken by the transfer of those employees to either of the companies under section 8(1) of this Act. Control and finances of the companies Provisions as to shares in the companies 11 1 The Secretary of State may at any time by order made by statutory instrument transfer to himself all or any of the shares in either of the companies which are for the time being held by the Authority ; and any shares transferred by such an order shall vest in the Secretary of State by virtue of the order and without further assurance or other formality. 2 Any statutory instrument containing an order under subsection (1) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. 3 In the case of each of the companies the Authority, at any time when any shares in the company are held by them, and the Secretary of State, at any time when any shares in the company are held by him shall so exercise — a all such rights and powers as may be exercisable by the Authority or the Secretary of State, as the case may be, as a member of the company, and b any power to dispose of any shares in the company, as to secure that the Authority or the Secretary of State will continue to hold shares in the company which in the aggregate (taking any shares held by the Authority together with any shares held by the Secretary of State) will carry more than half of the voting rights exercisable at general meetings of the company. 4 Subject to section 13 of this Act, where any shares are issued by either of the companies, otherwise than in pursuance of section 7 of this Act, the Secretary of State, with the consent of the Treasury, may subscribe for any such shares and pay for them out of moneys provided by Parliament. 5 Any dividends or other sums received by the Secretary of State in right of any shares held by him in either of the companies shall be paid into the Consolidated Fund. Loans by Secretary of State to the companies 12 1 Subject to the next following section, the Secretary of State may with the approval of the Treasury make loans to either of the companies on such terms as may with the approval of the Treasury be agreed between the Secretary of State and the company to which the loan is made. 2 The Treasury may issue out of the National Loans Fund to the Secretary of State such sums as are necessary to enable him to make loans under this section. 3 Any sums received by the Secretary of State by way of repayment of, or interest on, a loan made by him under this section shall be paid into the National Loans Fund. 4 The Secretary of State shall, in respect of each financial year, prepare in such form and manner as the Treasury may direct an account of sums issued to him under subsection (2) of this section and of any sums to be paid into the National Loans Fund under subsection (3) of this section, and of the disposal by him of those sums respectively, and send it to the Comptroller and Auditor General not later than the end of November in the following financial year; and the Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it, together with his report, before each House of Parliament. Limits on payments under ss. 11 and 12 13 1 The aggregate of — a the total amount paid by the Secretary of State or by the Authority, or by both collectively, for shares issued by either of the companies, otherwise than in pursuance of section 7 of this Act, and b the total amount outstanding in respect of the principal of the loans made by the Secretary of State to either of the companies under section 12 of this Act, shall not, in the case of either of the companies, at any time exceed the limit for the time being applicable to that company in accordance with the following provisions of this section. 2 For the purposes of this section — a the limit applicable to the Nuclear Fuels Company is £50 million or such greater sum (not exceeding £75 million) as may be specified by an order made for the purposes of this paragraph which is for the time being in force; b the limit applicable to the Radiochemical Company is £5 million or such greater sum (not exceeding £7 million) as may be specified by an order made for the purposes of this paragraph which is for the time being in force. 3 The power to make orders for the purposes of paragraph (a) or paragraph (b) of subsection (2) of this section shall be exercisable by the Secretary of State with the approval of the Treasury, and shall be so exercisable by statutory instrument; but no such order shall be made unless a draft of the order has been laid before the Commons House of Parliament and approved by a resolution of that House. Accounts of companies to be laid before Parliament 14 As soon as practicable after the holding of any general meeting of either of the companies, the Secretary of State shall lay before each House of Parliament a copy of any accounts which, in accordance with any requirement of the Companies Acts 1948 to 1967, are laid before the company at that meeting, and of any documents which are annexed or attached to any such accounts. Powers for Authority to provide services and facilities for the companies 15 1 The Authority shall have power, at the request of either of the companies, to provide for that company any service or facility which the Authority would have power to provide for the purposes of the Authority's own undertaking. 2 Without prejudice to the generality of subsection (1) of this section, the Authority, with the consent of the Secretary of State and of the Treasury, may enter into an agreement with either of the companies whereby the Authority undertake that, if the company incurs any liability of a description specified in the agreement, the Authority will indemnify the company in respect of that liability. 3 The terms of any agreement made with either of the companies under subsection (2) of this section shall be such as may, with the consent of the Secretary of State and of the Treasury, be agreed between the Authority and that company. Treatment of transferred assets for purposes of investment grants 16 1 Where an asset, or the right to receive an asset, is transferred to one of the companies by virtue of this Act, then for the purposes of Part I of the Industrial Development Act 1966 — a so much of any expenditure incurred by the Authority in providing that asset as is approved capital expenditure in respect of which no payment of investment grant has been made to the Authority shall be treated as having been incurred by the company and not by the Authority; b the asset, if provided for the purposes of the business of the Authority, shall be treated as having been provided for the purposes of the business of the company ; and c where the asset itself is transferred to the company by virtue of this Act, it shall be treated as a new asset if it would have fallen to be so treated if it had remained vested in the Authority. 2 In this section " investment grant" means a grant under Part I of the Industrial Development Act 1966 and " approved capital expenditure" has the same meaning as in that Part of that Act. Miscellaneous and supplementary provisions Permits under Nuclear Installations Act 1965, s. 2 17 1 In section 2 of the Nuclear Installations Act 1965 (prohibition of certain operations except under permit), in subsection (1), the words " for such a use of the site for purposes of research or development " shall be omitted and after the words " government department " there shall be inserted the words " and for the time being in force " ; and after that subsection there shall be inserted the following subsections: — 1A A permit granted under this section, unless it is granted by title Minister, shall not authorise the use of a site as mentioned in paragraph (a) or paragraph (b) of the foregoing subsection otherwise than for purposes of research and development. 1B Where a permit granted under this section by the Minister to a body corporate authorises such a use of a site for purposes other than, or not limited to, research and development, the Minister may by order direct that the provisions set out in Schedule 1 to this Act shall have effect in relation to that body corporate. 1C Any power conferred by this section to make an order shall include power to vary or revoke the order by a subsequent order; and any such power shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 1D Any permit granted under this section by the Authority or by the Minister or any other government department may at any time be revoked by the Authority or by the Minister or that department, as the case may be, or may be surrendered by the person to whom it was granted. 2 In subsection (2) of that section, for the words "the foregoing subsection", there shall be substituted the words " subsection (1) of this section ". 3 In section 22(5) of that Act, for the words " the Schedule " there shall be substituted the words " Schedule 2 ". 4 In section 27(1) of that Act (Northern Ireland) — a for the words " the Schedule ", where those words first occur, there shall be substituted the words " Schedules 1 and 2 " ; b the following paragraph shall be inserted after paragraph (d) — dd in section 2(1) and in section 2(1D) any reference to a government department shall be construed as including a reference to a department of the Government of Northern Ireland; and in section 2(1C), for the words from 'and any such power' onwards there shall be substituted the words ' and any order under this section shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954'; ; c in paragraph (h) for the words " the Schedule " there shall be substituted the words " Schedule 2 ". 5 In section 27(7) of that Act after the words " the designated provisions" there shall be inserted the words " other than Schedule 1 to this Act ". 6 There shall be inserted, as Schedule 1 to that Act, the provisions set out in the Schedule to this Act; and the Schedule to that Act, as originally enacted, shall become Schedule 2. 7 For the purposes of section 6 of the Government of Ireland Act 1920, this section (but not the Schedule to this Act) shall be deemed to have been passed before the appointed day within the meaning of that section. Inspection of factories, works and offices on sites for which permits are in force 18 1 Where an order is made under section 2 of the Nuclear Installations Act 1965 in relation to a body corporate to which a permit has been granted under that section, then — a in relation to premises on a site in respect of which the permit is for the time being in force and in relation to any building operations or works of engineering construction undertaken by or on behalf of that body corporate on such a site, the Factories Act 1961 shall apply as it applies, by virtue of Schedule 3 to the Atomic Energy Authority Act 1954, in the case of the Authority, that is to say, as if the premises belonged to or were in the occupation of the Crown or, as the case may be, as if the operations or works were undertaken by or on behalf of the Crown; and b in relation to premises on such a site, the Offices, Shops and Railway Premises Act 1963 shall apply as it applies, by virtue of section 52(3)(h) of that Act, in relation to premises occupied by the Authority. 2 In the application of subsection (1) above to Northern Ireland, for the reference in paragraph (a) to the Factories Act 1961 there shall be substituted a reference to the Factories Act (Northern Ireland) 1965 and for paragraph (b) there shall be substituted the following paragraph: — b in relation to premises on such a site, the Office and Shop Premises Act (Northern Ireland) 1966 shall apply as it applies, by virtue of section 51(3)(a) of that Act, in relation to premises occupied by a local authority. 3 For the purposes of section 6 of the Government of Ireland Act 1920, this section shall be deemed to have been passed before the appointed day within the meaning of that section. Application of security provisions to companies established in connection with agreement on gas centrifuge process 19 1 Paragraphs 2 and 4 to 6 of Schedule 1 to the Nuclear Installations Act 1965, as set out in the Schedule to this Act, shall apply in relation to a company designated by the Secretary of State under subsection (2) of this section as they apply in relation to the specified body corporate, as defined in that Schedule. 2 For the purposes of this section the Secretary of State may by order made by statutory instrument designate any company registered (whether before or after the passing of this Act) in some part of the United Kingdom and appearing to him to have been formed pursuant to an agreement dated 4th March 1970 providing for collaboration in the development and exploitation of the gas centrifuge process for producing enriched uranium and made between Her Majesty's Government in the United Kingdom and the Governments of the Federal Republic of Germany and the Kingdom of the Netherlands. Pension schemes 20 1 Subject to the following provisions of this section — a no person who by virtue of section 8(1) of this Act becomes an employee of one of the companies (in this section referred to as a " transferred employee "), and who immediately before the date of transfer is included in a pension scheme maintained by the Authority, shall cease to be included in that scheme by reason only that he has ceased to be employed by the Authority; and b no transferred employee who immediately before the date of transfer is not included in such a pension scheme, but would have become eligible for inclusion in such a scheme on attaining an age or fulfilling a condition specified in the scheme, shall be precluded from becoming eligible for inclusion in that scheme by reason only that he has ceased to be so employed. 2 Notwithstanding anything in the preceding subsection, a transferred employee shall not by virtue of that subsection be included in such a pension scheme at any time after he has with his agreement been included in a pension scheme maintained by the company of which he became an employee on the date of transfer. 3 Subject to the next following subsection, a pension scheme maintained by the Authority may apply to persons, other than transferred employees, who are employed by either of the companies, as well as to — a transferred employees to whom the scheme is applicable by virtue of subsection (1) of this section, and b persons to whom the scheme is applicable apart from the provisions of this section. 4 Where at any time the Secretary of State is satisfied with respect to either of the companies — a that all persons then employed by the company who are for the time being included in a pension scheme maintained by the Authority would, if they agreed to it, be included in a pension scheme maintained by the company, and b that, in the case of every such person, the provisions of the scheme maintained by the company which are applicable to him, taken as a whole, are no less favourable (both as to treating previous service as reckon-able service and otherwise) than the provisions, as then in force, of the pension scheme maintained by the Authority in which he is then included, the Secretary of State may by order made by statutory instrument direct that (without prejudice to the validity of any pension scheme maintained by the Authority in its application to persons not employed by the company) no pension scheme maintained by the Authority shall, on and after such date as may be specified in the order, apply to any person employed by the company. 5 In respect of — a any payments falling to be made by the Authority in consequence of the application by virtue of this section of a pension scheme maintained by the Authority to persons employed by either of the companies, or b the accruing liability of the Authority for any such payments, that company shall pay to the Authority such sums as may be agreed between the company and the Authority or as, in default of such agreement, the Secretary of State may direct. 6 In addition to any person to whom any pension scheme maintained by the Authority is applicable apart from this subsection, any such scheme may also apply to any person employed by the Science Research Council who — a immediately before 1st April 1969 was an employee of the Authority engaged in research in astrophysics at the Authority's laboratory at Culham in the county of Oxford and on that date became an employee of the Council; or b at any time after 31st March 1969 (whether before or after the commencement of this Act) was or is taken into the employment of the Council to undertake research in astrophysics at that laboratory. 7 In this section any reference to a pension scheme maintained by the Authority is a reference to a scheme maintained under paragraph 7(2)(b) of Schedule 1 to the Atomic Energy Authority Act 1954. Savings and transitional provisions 21 1 Nothing in section 1 of this Act shall affect the office of special constable held by any person who, immediately before the day which is the appointed day for the purposes of that section, is a special constable by virtue of section 3 of the Special Constables Act 1923 as applied by Schedule 3 to the Atomic Energy Authority Act 1954, or shall affect any duty, power or privilege of any such person in his capacity as such a special constable in relation to any premises transferred by virtue of the said section 1. 2 Where immediately before the day which is the appointed day for the purposes of section 1 of this Act any place which is transferred to the Nuclear Fuels Company by virtue of that section is a prohibited place for the purposes of the Official Secrets Act 1911, having been declared to be such a prohibited place by an order made under section 3(c) of that Act, then, while that order remains in force. — a that place shall continue to be a prohibited place for the purposes of that Act so long as it continues to belong to, or to be used for the purposes of, that company, as if it belonged to, or were used for the purposes of, Her Majesty; and b sub-paragraph (2) of paragraph 3 of Schedule 1 to the Nuclear Installations Act 1965, as set out in the Schedule to this Act, shall have effect in relation to any such place as if any reference therein to the specified body corporate were a reference to that company and as if the order in question had been made under the said section 3(c) as extended by sub-paragraph (1) of that paragraph. Stamp duty 22 1 Property vested in either of the companies by virtue of section 1 or section 2 of this Act shall not be treated as so vested by way of sale for the purposes of section 12 of the Finance Act 1895 (which requires Acts to be stamped as conveyances on sale in certain cases). 2 Stamp duty shall not be chargeable under section 112 of the Stamp Act 1891 in respect of any increase in the nominal share capital of either of the companies which is certified by the Treasury as having been effected for the purpose of complying with the requirements of section 7 of this Act. Financial provisions 23 There shall be paid out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided — a under section 4(1) of the Atomic Energy Authority Act 1954; and b under, or in respect of expenses incurred under, section 24 of the Nuclear Installations Act 1965. Interpretation and supplementary provisions 24 1 In this Act " the companies " means the Nuclear Fuels Company and the Radiochemical Company, " share" includes stock, and " pension " has the meaning assigned to it by section 8(2) of the Atomic Energy Authority Act 1954. 2 In this Act " the appointed day " means such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be so appointed for the purposes of section 1 and section 2 of this Act respectively. 3 For the purposes of this Act — a property, rights, liabilities and obligations of the Authority shall be taken at any time to be property, rights, liabilities and obligations appertaining to a part of the Authority's undertaking transferred by virtue of section 1 or section 2 of this Act, and b persons shall be taken at any time to be employees of the Authority engaged in such a part of the Authority's undertaking, if at that time they are property held, rights acquired, liabilities or obligations incurred or persons employed by the Authority (as the case may be) wholly or mainly for the purposes of, or in the course of carrying on, that part of the Authority's undertaking (as distinct from the Authority's undertaking in general or any other part of that undertaking in particular). 4 For the avoidance of doubt it is hereby declared that — a any reference in this Act to property of the Authority is a reference to property of the Authority whether situated in the United Kingdom or elsewhere, and b any reference in this Act to rights, liabilities or obligations of the Authority is a reference to rights to which the Authority is entitled, or (as the case may be) liabilities or obligations to which the Authority is subject, whether under the laws of the United Kingdom or of a part of the United Kingdom or under the laws of any country or territory outside the United Kingdom; and it shall be the duty of the Authority and of each of the companies to whom any property situated in a country or territory outside the United Kingdom is transferred by virtue of this Act, or to whom any rights, liabilities or obligations of the Authority under the laws of any such country or territory are so transferred, to take all such steps as may be requisite for perfecting the transfer. 5 Any power conferred by any provision of this Act, except subsection (2) of this section, to make an order shall include power to revoke or vary the order by a subsequent order made under that provision. 6 Nothing in this Act shall be construed as transferring to either of the companies any right, liability or obligation expressly conferred or imposed on the Authority by name by any enactment (other than section 2(1) of, and Schedule 2 to, the Atomic Energy Authority Act 1954) or by statutory instrument. Short title and extent 25 1 This Act may be cited as the Atomic Energy Authority Act 1971. 2 Sections 1 to 7, 17 to 20, 21(2) and 24 of this Act and the Schedule to this Act extend to Northern Ireland; but, with the exception of those provisions, this Act does not extend to Northern Ireland. SCHEDULE SCHEDULE TO BE INSERTED AS SCHEDULE 1 TO NUCLEAR INSTALLATIONS ACT 1965 Sections 17 and 19. SECURITY PROVISIONS APPLICABLE BY ORDER UNDER S.2 1 In this Schedule "the specified body corporate", in relation to an order made under section 2 of this Act, means the body corporate specified in that order, as being a body to whom the Minister has granted a permit as mentioned in subsection (1B) of that section, and " site to which a permit applies " means a site in respect of which a permit so granted to the specified body corporate is for the time being in force. 2 For the purposes of section 2 of the Official Secrets Act 1911, any office or employment under the specified body corporate shall be deemed to be an office under Her Majesty and any contract with the specified body corporate shall be deemed to be a contract made on behalf of Her Majesty. 3 1 Every site to which a permit applies shall, for the purposes of section 3(c) of the Official Secrets Act 1911 (which provides that places belonging to or used for the purposes of Her Majesty may be declared by order of the Secretary of State to be prohibited places for the purposes of that Act), be deemed to be a place belonging to or used for the purposes of Her Majesty. 2 No person other than — a a constable acting in the execution of his duty as such, or b an officer of customs and excise or inland revenue, acting in the execution of his duty as such, or c an inspector appointed under section 24 of this Act, or d an officer of any government department specially authorised in that behalf by or on behalf of a Minister of the Crown, shall, except with the consent of the specified body corporate and in accordance with any conditions imposed by them, be entitled to exercise any right of entry (whether arising by virtue of any statutory provision or otherwise) upon any site which is for the time being declared to be a prohibited place by virtue of an order made under the said section 3(c) as extended by the preceding sub-paragraph : Provided that any person aggrieved by a refusal of the specified body corporate to consent to, or by conditions imposed by that body on, the exercise of any such right of entry may apply to the Minister who may, if he thinks fit, himself authorise the exercise of the right subject to such conditions, if any, as he may think fit to impose. 4 1 Section 3 of the Special Constables Act 1923 (which, as subsequently amended and extended, provides for the appointment of persons nominated by the Defence Council to be special constables within certain places and limits, and, in particular, in and within fifteen miles of premises in the possession or under the control of the Defence Council) shall have effect as if all premises in the occupation or under the control of the specified body corporate were premises under the control of the Defence Council. 2 In relation to any premises in the occupation or under the control of the specified body corporate, the powers of nomination conferred on the Defence Council by that section as applied by sub-paragraph (1) of this paragraph shall be exercisable also by the Authority. 5 1 The specified body corporate shall comply with any directions which the Minister may give to them for the purpose of safeguarding information in the interests of national security; and a direction under this sub-paragraph may in particular require the specified body corporate to terminate the employment of any person specified in the direction who is an officer of, or employed by, that body or may require that body not to appoint a person so specified to be an officer of, or to any employment under, that body. 2 The specified body corporate shall also comply with any directions given to them by the Minister with respect to the safekeeping of material of any description specified in the directions, whether in the interests of national security or of safety. 3 The Minister may with the approval of the Treasury make grants out of moneys provided by Parliament for reimbursing to the specified body corporate, in whole or in part, any expenses incurred by that body in complying with any directions given under sub-paragraph (1) of this paragraph and any directions given under sub-paragraph (2) of this paragraph with respect to the safe-keeping of material in the interests of national security. 6 1 Except with the consent of the Minister the specified body corporate shall not terminate on security grounds the employment of any person employed by them. 2 In this paragraph " security grounds " means grounds which are grounds for dismissal from the civil service of Her Majesty, in accordance with any arrangements for the time being in force relating to dismissals from that service for reasons of national security. 7 In the application of this Schedule to Northern Ireland — a in paragraph 3(2)(d) the reference to a government department shall be construed as including a reference to a department of the Government of Northern Ireland; and b in paragraph 4(1), for the reference to section 3 of the Special Constables Act 1923 there shall be substituted a reference to paragraph 1(2) of Schedule 2 to the Emergency Laws (Miscellaneous Provisions) Act 1947.

The Agricultural Wages Committees (Wages Structure) Regulations 1971 The Minister of Agriculture, Fisheries and Food, in pursuance of section 2(6) of the Agricultural Wages Act 1948, paragraph 9 of Schedule 3 to that Act, section 46(1) of the Agriculture (Miscellaneous Provisions) Act 1968 and all his other enabling powers, hereby makes the following regulations: — Citation, commencement and extent 1 These regulations, which may be cited as the Agricultural Wages Committees (Wages Structure) Regulations 1971, shall come into operation on 1st October 1971 and shall apply to England and Wales. Interpretation 2 1 In these regulations, unless the context otherwise requires — “ the Act ” means the Agricultural Wages Act 1948, as amended or extended by or under any subsequent enactment ; “ the appropriate Committee ”, in relation to a worker, means the Committee for the county, or combination of counties, in which he is employed ; “ the Board ” means the Agricultural Wages Board for England and Wales ; “ Committee ” means an agricultural wages committee established under section 2 of the Act ; “ craft certificate ” means a certificate issued by a Committee to a worker certifying that he is proficient in one or more classes of work ; “ the Minister ” means the Minister of Agriculture, Fisheries and Food . 2 The Interpretation Act 1889> applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament. Additional functions of agricultural wages committees 3 For the purpose of enabling or requiring Committees to give effect to orders made or which may be made by the Board under the Act, the functions of Committees under the Act shall include such further functions as are specified in these regulations. Responsibility of Committees for craft certificates 4 Where the Board have made an order fixing minimum rates of wages for workers of a special class defined wholly or partly by reference to the issuing of craft certificates to workers of that class by Committees, then subject to the provisions of that order a Committee may issue, revoke, suspend and terminate the suspension of such certificates in accordance with the following provisions of these regulations, whether those minimum rates have come into operation or not. Issuing of craft certificates 5 Where such an order as is mentioned in regulation 4 above sets out the qualifications required for a craft certificate or a particular kind of craft certificate, the appropriate Committee, on receipt of an application from a worker in accordance with regulation 9 below, and such evidence as may be required under that regulation, shall, if they are satisfied that the worker possesses those qualifications, issue him with such a certificate, subject to regulation 6(3) below. Revocation of craft certificates 6 1 Where a Committee are satisfied that a craft certificate has been wrongly issued to a worker by them as a result of a mistake or incorrect information they may revoke the certificate, and shall do so unless, on such revocation and on surrender to them of the revoked certificate, they would immediately be obliged under regulation 5 above to issue another certificate to the same worker in identical terms with the exception of the date. 2 Before revoking a craft certificate a Committee shall serve notice that they propose to do so on the worker to whom the certificate relates, setting out their reasons and offering him the opportunity of making representations to them against the proposed revocation, and shall consider any representations he may make. 3 Where a Committee have revoked a worker's craft certificate they shall not issue him with another craft certificate until the revoked certificate has been surrendered to them or they are satisfied that it has been destroyed or lost. Suspension of craft certificates 7 1 The appropriate Committee shall suspend a worker's craft certificates or terminate such suspension if he requests them in writing to do so and submits his certificates to them for endorsement. 2 Where a worker holds more than one craft certificate, one shall not be suspended without the others. 3 Where a Committee issue an additional craft certificate to a worker whose other craft certificates are suspended, they shall suspend the additional certificate unless the worker requests them in writing to terminate the suspension of his other craft certificates and submits those certificates to them for endorsement. 4 A Committee shall suspend or terminate the suspension of a craft certificate by endorsing the certificate accordingly. Notice to workers and employers 8 1 On issuing, revoking, suspending or terminating the suspension of a craft certificate a Committee shall forthwith give notice of the fact to the worker to whom the certificate relates and to his current or last known employer. 2 It shall be sufficient notice to a worker under this regulation, except in cases of revocation, if the craft certificate is served on him, bearing, where appropriate, any necessary endorsement. 3 Failure by a Committee to give notice under this regulation shall not invalidate the action taken by them in relation to the craft certificate. Application for craft certificates 9 1 An application by a worker for a craft certificate under these regulations shall be made by him in writing to the appropriate Committee. 2 The application shall be accompanied by evidence that the worker has the necessary qualifications for the craft certificate as set out in the appropriate orders of the Board. 3 Before a craft certificate is issued the applicant shall if required supply the Committee with such further evidence as they consider necessary to establish his identity in the register kept by them in accordance with regulation 10 below. Duty to keep register 10 1 Every Committee shall keep a register of workers to whom they have issued craft certificates, containing sufficient information to enable workers listed in the register to be readily identified by name or otherwise and so arranged that the register can quickly be searched for the name of any worker. 2 Such a register shall also contain full particulars of every craft certificate issued by the Committee, so arranged that the information relating to each worker listed in the register can readily be referred to. 3 A Committee shall, at the request of another Committee supply them with copies of a worker's craft certificates and of any correspondence relating thereto. 4 Every Committee shall provide the Minister with such particulars of each craft certificate issued by them as will enable a central register to be kept of all workers to whom craft certificates have been issued. 5 A Committee may, if requested in writing, supply information relating to a worker from the register kept by them for the purposes of this regulation, or from such central register as is referred to in the preceding paragraph, to any person having a legitimate interest in that information, where it is required for the purposes of such an order as is mentioned in regulation 4 above, and shall — a if requested in writing by a worker, inform him, or a trade union nominated by him, b if requested in writing by the employer or prospective employer of a worker, inform that employer or prospective employer, or an association of employers nominated by him, whether they have any record of that worker having been issued with a craft certificate, or if not, whether a search of any central register which may be kept discloses any such record, and if any such record is found shall supply particulars accordingly. Conciliation by Committees 11 Where such an order as is mentioned in regulation 4 above makes the issuing of a craft certificate to a worker dependent on the making of a declaration as to his competence by a person who has employed him, and a dispute has arisen whether such a declaration shall be made, a Committee may undertake conciliation with a view to resolving the dispute. Restrictions on Committees' control over delegated powers 12 Regulation 13 of the Agricultural Wages Committees Regulations 1949 (which enables Committees to annul or vary decisions of sub-committees) shall not apply where a sub-committee have issued, suspended or terminated the suspension of a craft certificate under these regulations in the exercise of delegated powers, except in so far as that regulation requires the sub-committee to report their decision to their Committee. Proof of craft certificates 13 Section 15 of the Act (which relates to evidence of resolutions and orders) shall apply to a craft certificate as it applies to a resolution passed by a Committee. Service of documents 14 Any notice or documents required or authorised to be given to or served on a person under these regulations shall be duly given or served if it is delivered to him, left for him, in an envelope bearing his name, at the house or other place where he is then living, or sent to him by post at his last known address. In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th May 1971. J. M. L. Prior Minister of Agriculture, Fisheries and Food

The Consular Conventions (Polish People's Republic) Order 1971 At the Court at Buckingham Palace, the 28th day of July 1971 Present, The Queen's Most Excellent Majesty in Council Whereas by section 6(1) of the Consular Conventions Act 1949 (hereinafter referred to as “ the Act ”) it is enacted that Her Majesty may by Order in Council direct that sections 1 and 2 of the Act (which provide for the exercise by consular officers of certain powers in relation to the property of deceased persons) shall apply to any foreign State specified in the Order, being a State with which a Consular Convention providing for matters for which provision is made by those sections has been concluded by Her Majesty: And whereas such a Consular Convention between Her Majesty in respect of the United Kingdom of Great Britain and Northern Ireland and the Council of State of the Polish People's Republic was signed at London on 23rd February 1967 and will enter into force on 13th August 1971: Now, therefore, Her Majesty, by virtue and in exercise of the powers in that behalf by the Act or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: 1 This Order may be cited as the Consular Conventions (Polish People's Republic) Order 1971 and shall come into operation on 13th August 1971. 2 Sections 1 and 2 of the Act shall apply to the Polish People's Republic. W. G. Agnew

The Consular Conventions (Hungarian People's Republic) Order 1971 At the Court at Buckingham Palace, the 12th day of November 1971 Present, The Queen's Most Excellent Majesty in Council Whereas by section 6(1) of the Consular Conventions Act 1949 (hereinafter referred to as “the Act”) it is enacted that Her Majesty may by Order in Council direct that sections 1 and 2 of the Act (which provide for the exercise by consular officers of certain powers in relation to the property of deceased persons) shall apply to any foreign State specified in the Order, being a State with which a Consular Convention providing for matters for which provision is made by those sections has been concluded by Her Majesty: And whereas such a Consular Convention between Her Majesty in respect of the United Kingdom of Great Britain and Northern Ireland and the Hungarian People's Republic was signed at Budapest on 12th March 1971 and will enter into force on 28th November 1971. Now, therefore, Her Majesty, by virtue and in exercise of the powers in that behalf by the Act or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: 1 This Order may be cited as the Consular Conventions (Hungarian People's Republic) Order 1971 and shall come into operation on 28th November 1971. 2 Sections 1 and 2 of the Act shall apply to the Hungarian People's Republic. W.G. Agnew

The Medicines (Retail Pharmacists—Exemptions from Licensing Requirements) Order 1971 The Secretaries of State respectively concerned with health in England and Wales, the Secretary of State concerned with health and with agriculture in Scotland, the Minister of Health and Social Services for Northern Ireland, the Minister of Agriculture, Fisheries and Food and the Minister of Agriculture for Northern Ireland, acting jointly in exercise of their powers under section 15(3) of the Medicines Act 1968, as having effect subject to the provisions of article 2(2) of and Schedule 1 to the Transfer of Functions (Wales) Order 1969 and of all other powers enabling them in that behalf, after consulting such organisations as appear to them to be representative of interests likely to be substantially affected by the following order hereby make the following order, a draft of which has been laid before Parliament and has been approved by resolution of each House of Parliament: — Citation and commencement 1 This order may be cited as the Medicines (Retail Pharmacists — Exemptions from Licensing Requirements) Order 1971 and shall come into operation on 1st September 1971. Interpretation 2 1 In this order unless the context otherwise requires “ the Act ” means the Medicines Act 1968 and other expressions have the same meaning as in the Act . 2 The Interpretation Act 1889 shall apply to the interpretation of this order as it applies to the interpretation of an Act of Parliament. Modifications of exemptions for pharmacists 3 The provisions of section 10 of the Act (exemptions for pharmacists from licensing requirements) shall have effect as modified as follows: — a by the addition in subsection (1)(b) after the words “medicinal product” of the words provided that where the assembling takes place in a registered pharmacy — i it shall be in a registered pharmacy at which the business in medicinal products carried on is restricted to retail sale or to supply in circumstances corresponding to retail sale and the assembling is done with a view to such sale or supply either at that registered pharmacy or at any other such registered pharmacy forming part of the same retail pharmacy business, and ii the medicinal product has not been the subject of an advertisement ; b by the addition at the end of subsection (4)(b) after the words “of this subsection” of the words “provided that such stock is prepared with a view to retail sale or to supply in circumstances corresponding to retail sale and the preparation is done with a view to such sale or supply either at that registered pharmacy or at any other registered pharmacy forming part of the same retail pharmacy business” ; c by the addition after subsection (4) of the following subsections — 5 Without prejudice to the preceding subsections, the restrictions imposed by section 7 of this Act do not apply to the preparation or dispensing in a registered pharmacy of a medicinal product by or under the supervision of a pharmacist where — a the medicinal product is prepared or dispensed otherwise than in pursuance of an order from any other person, and b the medicinal product is prepared with a view to retail sale or supply in circumstances corresponding to retail sale at the registered pharmacy at which it is prepared, and c the medicinal product has not been the subject of an advertisement. 6 Without prejudice to the preceding subsections, the restrictions imposed by section 8(2) of this Act do not apply to anything which is done in a registered pharmacy by or under the supervision of a pharmacist and consists of preparing a medicinal product with a view to retail sale or to supply in circumstances corresponding to retail sale at that registered pharmacy. 7 Without prejudice to the preceding subsections, the restrictions imposed by section 8(3) of this Act do not apply to anything which is done in a registered pharmacy by or under the supervision of a pharmacist and amounts to wholesale dealing, where such dealing constitutes no more than an inconsiderable part of the business carried on by the pharmacist at that pharmacy. 8 For the purposes of this section “ advertisement ” shall have the meaning assigned to it by section 92 of this Act, except that it shall not include words inscribed on the medicinal product, or on its container or package . . 4 1 So long as section 12 of the Pharmacy and Poisons Act 1933.remains in force in its application to Great Britain, section 10 of the Act, as it has effect subject to the exceptions or modifications specified in this order, in so far as that section relates to a registered pharmacy shall apply to anything that is done in the premises of an authorised seller of poisons within the meaning of the Pharmacy and Poisons Act 1933, being premises that are entered in the register kept under section 12 of that Act. 2 So long as section 17 of the Pharmacy and Poisons Act (Northern Ireland) 1925 remains in force, section 10 of the Act, as it has effect subject to the exceptions or modifications specified in this order, in so far as section 10 relates to a registered pharmacy, shall apply to anything that is done in premises for which an annual licence is in force under the said section 17. Keith Joseph Secretary of State for Social Services 10th August 1971 Signed by authority of the Secretary of State for Wales. David Gibson-Watt Minister of State Welsh Office 27th August 1971 Gordon Campbell Secretary of State for Scotland 25th August 1971 W. K. Fitzsimmons Minister of Health and Social Services for Northern Ireland 16th August 1971 In witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th August 1971. J. M. L. Prior Minister of Agriculture, Fisheries and Food H. W. West Minister of Agriculture for Northern Ireland 17th August 1971

The Mineral Royalties (Tax) Regulations 1971 The Commissioners of Inland Revenue, in exercise of the powers conferred upon them by section 29(6) of the Finance Act 1970, hereby make the following Regulations: — 1 1 These Regulations may be cited as the Mineral Royalties (Tax) Regulations 1971, and shall come into operation on 1st July 1971. 2 The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament. 3 In these Regulations: — the “ principal section ” means section 29 of the Finance Act 1970; “ agreement ” means a mineral lease or agreement, as defined in the principal section; “ specified operations ” means the winning and working, grading, washing, grinding and crushing of minerals, but in relation to any particular agreement, includes only such of those operations as are in fact authorised by the agreement; “ rights ” includes liberties. 2 Subject to Regulation 3 below, where a payment is made on or after 6th April 1970 in respect of a sum receivable on or after that date under an agreement which relates both to the winning and working of minerals and to other matters, then, notwithstanding any allocation of the payment under the terms of the agreement, so much but no more of the payment is to be treated for the purposes of the principal section as mineral royalties as might reasonably have been expected to be provided for by the agreement if — a it conferred only the right to carry out specified operations in relation to minerals in or under the land to which the agreement relates; and b any buildings, structures, roads, shafts, adits or other works existing on the land at the time when the agreement was granted or made were not in existence. Provided that no such payments are to be treated as mineral royalties unless minerals in or under the land are being or have been won and worked pursuant to rights conferred by or under the agreement, or there is reasonable prospect of their being so won and worked. 3 The whole of a payment under an agreement shall for the purposes of the principal section be treated as a mineral royalty if under Regulation 2 above nine-tenths or more of it would be so treated. 4 Nothing in these Regulations applies to any periodical payments such as are referred to in subsection (9)(b) of the principal section (payments made under certain statutes in Northern Ireland). By Order of the Commissioners of Inland Revenue, Alan Lord Secretary 23rd June 1971

The Superannuation (Commission on Industrial Relations) Order 1971 The Minister for the Civil Service, in exercise of the powers conferred on him by section 98(5) of the Superannuation Act 1965, hereby makes the following Order: — 1 This Order may be cited as the Superannuation (Commission on Industrial Relations) Order 1971, and shall come into operation on 1st November 1971. 2 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 3 Employment by the Commission on Industrial Relations established by section 120 of the Industrial Relations Act 1971 shall be added to the employment listed in Schedule 8 to the Superannuation Act 1965. Given under the official seal of the Minister for the Civil Service on 11th October 1971. K. H. McNeill Authorised by the Minister for the Civil Service

Powers of Attorney Act 1971 Execution of powers of attorney 1 1 An instrument creating a power of attorney shall be signed and sealed by, or by direction and in the presence of, the donor of the power. 2 Where such an instrument is signed and sealed by a person by direction and in the presence of the donor of the power, two other persons shall be present as witnesses and shall attest the instrument. 3 This section is without prejudice to any requirement in, or having effect under, any other Act as to the witnessing of instruments creating powers of attorney and does not affect the rules relating to the execution of instruments by bodies corporate. Abolition of deposit or filing of instruments creating powers of attorney 2 1 As from the commencement of this Act no instrument creating a power of attorney, and no copy of any such instrument, shall be deposited or filed at the central office of the Supreme Court or at the Land Registry under section 25 of the Trustee Act 1925, section 125 of the Law of Property Act 1925 or section 219 of the Supreme Court of Judicature (Consolidation) Act 1925. 2 This section does not affect any right to search for, inspect or copy, or to obtain an office copy of, any such document which has been deposited or filed as aforesaid before the commencement of this Act Proof of instruments creating powers of attorney 3 1 The contents of an instrument creating a power of attorney may be proved by means of a copy which — a is a reproduction of the original made with a photographic or other device for reproducing documents in facsimile; and b contains the following certificate or certificates signed by the donor of the power or by a solicitor or stockbroker, that is to say — i a certificate at the end to the effect that the copy is a true and complete copy of the original; and ii if the original consists of two or more pages, a certificate at the end of each page of the copy to the effect that it is a true and complete copy of the corresponding page of the original. 2 Where a copy of an instrument creating a power of attorney has been made which complies with subsection (1) of this section, the contents of the instrument may also be proved by means of a copy of that copy if the further copy itself complies with that subsection, taking references in it to the original as references to the copy from which the further copy is made. 3 In this section " stockbroker " means a member of any stock exchange within the meaning of the Stock Transfer Act 1963 or the Stock Transfer Act (Northern Ireland) 1963. 4 This section is without prejudice to section 4 of the Evidence and Powers of Attorney Act 1940 (proof of deposited instruments by office copy) and to any other method of proof authorised by law. 5 For the avoidance of doubt, in relation to an instrument made in Scotland the references to a power of attorney in this section and in section 4 of the Evidence and Powers of Attorney Act 1940 include references to a factory and commission. Powers of attorney given as security 4 1 Where a power of attorney is expressed to be irrevocable and is given to secure — a a proprietary interest of the donee of the power; or b the performance of an obligation owed to the donee, then, so long as the donee has that interest or the obligation remains undischarged, the power shall not be revoked — i by the donor without the consent of the donee ; or ii by the death, incapacity or bankruptcy of the donor or, if the donor is a body corporate, by its winding up or dissolution. 2 A power of attorney given to secure a proprietary interest may be given to the person entitled to the interest and persons deriving title under him to that interest, and those persons shall be duly constituted donees of the power for all purposes of the power but without prejudice to any right to appoint substitutes given by the power. 3 This section applies to powers of attorney whenever created. Protection of donee and third persons where power of attorney is revoked 5 1 A donee of a power of attorney who acts in pursuance of the power at a time when it has been revoked shall not, by reason of the revocation, incur any liability (either to the donor or to any other person) if at that time he did not know that the power had been revoked. 2 Where a power of attorney has been revoked and a person, without knowledge of the revocation, deals with the donee of the power, the transaction between them shall, in favour of that person, be as valid as if the power had then been in existence. 3 Where the power is expressed in the instrument creating it to be irrevocable and to be given by way of security then, unless the person dealing with the donee knows that it was not in fact given by way of security, he shall be entitled to assume that the power is incapable of revocation except by the donor acting with the consent of the donee and shall accordingly be treated for the purposes of subsection (2) of this section as having knowledge of the revocation only if he knows that it has been revoked in that manner. 4 Where the interest of a purchaser depends on whether a transaction between the donee of a power of attorney and another person was valid by virtue of subsection (2) of this section, it shall be conclusively presumed in favour of the purchaser that that person did not at the material time know of the revocation of the power if — a the transaction between that person and the donee was completed within twelve months of the date on which the power came into operation; or b that person makes a statutory declaration, before or within three months after the completion of the purchase, that he did not at the material time know of the revocation of the power. 5 Without prejudice to subsection (3) of this section, for the purposes of this section knowledge of the revocation of a power of attorney includes knowledge of the occurrence of any event (such as the death of the donor) which has the effect of revoking the power. 6 In this section " purchaser " and " purchase " have the meanings specified in section 205(1) of the Law of Property Act 1925. 7 This section applies whenever the power of attorney was created but only to acts and transactions after the commencement of this Act. Additional protection for transferees under stock exchange transactions 6 1 Without prejudice to section 5 of this Act, where — a the donee of a power of attorney executes, as transferor, an instrument transferring registered securities; and b the instrument is executed for the purposes of a stock exchange transaction, it shall be conclusively presumed in favour of the transferee that the power had not been revoked at the date of the instrument if a statutory declaration to that effect is made by the donee of the power on or within three months after that date. 2 In this section " registered securities" and " stock exchange transaction " have the same meanings as in the Stock Transfer Act 1963. Execution of instruments etc. by donee of power of attorney 7 1 The donee of a power of attorney may, if he thinks fit — a execute any instrument with his own signature and, where sealing is required, with his own seal, and b do any other thing in his own name, by the authority of the donor of the power; and any document executed or thing done in that manner shall be as effective as if executed or done by the donee with the signature and seal, or, as the case may be, in the name, of the donor of the power. 2 For the avoidance of doubt it is hereby declared that an instrument to which subsection (3) or (4) of section 74 of the Law of Property Act 1925 applies may be executed either as provided in those subsections or as provided in this section. 3 This section is without prejudice to any statutory direction requiring an instrument to be executed in the name of an estate owner within the meaning of the said Act of 1925. 4 This section applies whenever the power of attorney was created. Repeal of s. 129 of Law of Property Act 1925 8 Section 129 of the Law of Property Act 1925 (which contains provisions, now unnecessary, in respect of powers of attorney granted by married women) shall cease to have effect. Power to delegate trusts etc. by power of attorney 9 1 Section 25 of the Trustee Act 1925 (power to delegate trusts etc., during absence abroad) shall be amended as follows. 2 For subsections (1) to (8) of that section there shall be substituted the following subsections — 1 Notwithstanding any rule of law or equity to the contrary, a trustee may, by power of attorney, delegate for a period not exceeding twelve months the execution or exercise of all or any of the trusts, powers and discretions vested in him as trustee either alone or jointly with any other person or persons. 2 The persons who may be donees of a power of attorney under this section include a trust corporation but not (unless a trust corporation) the only other co-trustee of the donor of the power. 3 An instrument creating a power of attorney under this section shall be attested by at least one witness. 4 Before or within seven days after giving a power of attorney under this section the donor shall give written notice thereof (specifying the date on which the power comes into operation and its duration, the donee of the power, the reason why the power is given and, where some only are delegated, the trusts, powers and discretions delegated) to — a each person (other than himself), if any, who under any instrument creating the trust has power (whether alone or jointly) to appoint a new trustee; and b each of the other trustees, if any; but failure to comply with this subsection shall not, in favour of a person dealing with the donee of the power, invalidate any act done or instrument executed by the donee. 5 The donor of a power of attorney given under this section shall be liable for the acts or defaults of the donee in the same manner as if they were the acts or defaults of the donor. 3 Subsections (9) and (10) of the said section 25 shall stand as subsections (6) and (7) and for subsection (11) of that section there shall be substituted the following subsection — 8 This section applies to a personal representative, tenant for life and statutory owner as it applies to a trustee except that subsection (4) shall apply as if it required the notice there mentioned to be given — a in the case of a personal representative, to each of the other personal representatives, if any, except any executor who has renounced probate; b in the case of a tenant for life, to the trustees of the settlement and to each person, if any, who together with the person giving the notice constitutes the tenant for life; c in the case of a statutory owner, to each of the persons, if any, who together with the person giving the notice constitute the statutory owner and, in the case of a statutory owner by virtue of section 23(1)(a) of the Settled Land Act 1925, to the trustees of the settlement. 4 This section applies whenever the trusts, powers or discretions in question arose but does not invalidate anything done by virtue of the said section 25 as in force at the commencement of this Act. Effect of general power of attorney in specified form 10 1 Subject to subsection (2) of this section, a general power of attorney in the form set out in Schedule 1 to this Act, or in a form to the like effect but expressed to be made under this Act, shall operate to confer — a on the donee of the power; or b if there is more than one donee, on the donees acting jointly or acting jointly or severally, as the case may be, authority to do on behalf of the donor anything which he can lawfully do by an attorney. 2 This section does not apply to functions which the donor has as a trustee or personal representative or as a tenant for life or statutory owner within the meaning of the Settled Land Act 1925. Short title, repeals, consequential amendments, commencement and extent 11 1 This Act may be cited as the Powers of Attorney Act 1971. 2 The enactments specified in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule. 3 In section 125(2) of the Law of Property Act 1925 for the words " as aforesaid " " there shall be substituted the words " under the Land Registration Act 1925 " ; and in section 219(2) of the Supreme Court of Judicature (Consolidation) Act 1925 for the words " so deposited" there shall be substituted the words " deposited under this section before the commencement of the Powers of Attorney Act 1971. " 4 This Act shall come into force on 1st October 1971. 5 Section 3 of this Act extends to Scotland and Northern Ireland but, save as aforesaid, this Act extends to England and Wales only. SCHEDULES SCHEDULE 1 Form of General Power of Attorney for Purposes of Section 10 Section 10. SCHEDULE 2 Repeals Section 11(2). Chapter Short Title Extent of Repeal 15 & 16 Geo. 5. c. 19 . The Trustee Act 1925. Section 29. 15 & 16 Geo. 5. c. 20 . The Law of Property Act 1925. Sections 123 and 124. Section 125(1). Sections 126 to 129. 15 & 16 Geo. 5. c. 49 . The Supreme Court of Judicature (Consolidation) Act 1925. Section 219(1). 4 & 5 Eliz. 2. c. 46 . The Administration of Justice Act 1956. Section 18.

The Medicines (Importation of Medicinal Products for Re-exportation) Order 1971 The Secretary of State for Social Services and the Secretary of State for Wales (being the Secretaries of State respectively concerned with health in England and in Wales), the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland (being the Secretary of State concerned with health and with agriculture in Scotland), the Minister of Health and Social Services for Northern Ireland and the Minister of Agriculture for Northern Ireland, acting jointly, in exercise of their powers under section 13(2) and 13(3) of the Medicines Act 1968 as having effect subject to the provisions of article 2(2) of and Schedule 1 to the Transfer of Functions (Wales) Order 1969 , and of all other powers enabling them in that behalf, and after consulting such organisations as appear to them to be representative of interests likely to be substantially affected by this order, hereby make the following order: — Citation and commencement 1 This order may be cited as the Medicines (Importation of Medicinal Products for Re-exportation) Order 1971 and shall come into operation on 1st September 1971. Interpretation 2 1 In this order, unless the context otherwise requires — “ the Act ” means the Medicines Act 1968 ; “ antigens ” are substances which on administration to a human being or animal are capable of eliciting a specific immunological response ; “ antisera ” are substances which consist wholly or partly of sera derived from animals which have been immunised against one or more micro-organisms, viruses or other antigens ; “ antitoxins ” are substances which consist wholly or partly of immunoglobulins of antisera derived from animals which have been immunised against one or more toxins whether detoxified or not ; “ corticotrophin ” is a substance obtained from the anterior lobe of the pituitary gland and which contains the peptide hormone that increases the rate at which corticoid hormones are secreted by the adrenal gland ; “ heparin ” is a substance containing the sodium salt of a sulphated poly-saccharide obtained from mammalian tissues which has the property of prolonging the clotting time of blood in human beings or animals ; “ hyaluronidase ” is a substance prepared from mammalian testicles or sperm or from other sources of the enzymes which diminish the viscosity of the hyaluronic acid present in mammalian tissues ; “ insulin ” is a preparation of the specific antidiabetic principle of the pancreas ; “ plasma ” means the fluid element of uncoagulated blood ; “ preparations of the pituitary (posterior lobe) ” include the active principles thereof (whether obtained by fractionation of the gland or by synthesis) and derivatives of those principles with the same specific biological action ; “ sera ” means the fluid element of coagulated blood ; “ toxins ” are substances used in the diagnosis, prevention or treatment of disease and consisting wholly or partly of poisonous substances derived from specific micro-organisms, plants or animals ; “ vaccines ” are substances which consist wholly or partly of — any micro-organisms, viruses or other organisms in any state, any toxins of microbial origin which have been detoxified, or any extracts or derivatives of any micro-organisms or of any viruses, being substances which, when administered to human beings or animals, are used for the prevention or treatment of specific diseases ; and other expressions have the same meaning as in the Act. 2 The Interpretation Act 1889 shall apply to the interpretation of this order as it applies to the interpretation of an Act of Parliament. Removal of restriction on importation of certain medicinal products 3 1 The restriction imposed by section 7(3) of the Act (which prohibits the importation, except in accordance with a product licence, of medicinal products and of articles and substances in relation to which that subsection has effect) shall, subject to paragraph (2) of this article, not apply to the importation of the medicinal products, articles and substances referred to in Part I of the Schedule to this order, not being medicinal products or substances specified in Part II of the said Schedule. 2 The exemption conferred by paragraph (1) of this article shall take effect only in relation to medicinal products, articles and substances which, having been imported, are to be exported — a in the form in which they were imported, and b without being assembled in a way different from the way in which they were assembled on being imported. Keith Joseph Secretary of State for Social Services 4th August 1971 Given under my hand on 5th August 1971. Peter Thomas Secretary of State for Wales In Witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 2nd August 1971. J. M. L. Prior Minister of Agriculture, Fisheries and Food Gordon Campbell Secretary of State for Scotland 3rd August 1971 Given under my hand on 9th August 1971. W. K. Fitzsimmons Minister of Health and Social Services for Northern Ireland Given under my hand on 6th August 1971. H. W. West Minister of Agriculture for Northern Ireland SCHEDULE PART I Article 3 Medicinal products, articles and substances (other than those specified in Part II of this Schedule) to the importation of which section 7(3) of the Act does not apply . 1 All medicinal products. 2 The substances to which the Medicines (Control of Substances for Manufacture) Order 1971 applies. 3 The articles and substances to which the Medicines (Surgical Materials) Order 1971 applies. PART II Medicinal products and substances to the importation of which section 7(3) of the Act continues to apply . Medicinal products and substances, for use other than for human beings, and consisting wholly or partly of antigens, antisera, antitoxins, corticotrophin, heparin, hyaluronidase, insulin, plasma, preparations of the pituitary (posterior lobe), sera, toxins, vaccines or other medicinal products or substances derived from animals.

The Merchant Shipping (Registration of South Australian Government Ships) Order 1971 At the Court at Buckingham Palace, the 25th day of May 1971 Present, The Queen's Most Excellent Majesty in Council Her Majesty, in exercise of the powers vested in Her by section 738 of the Merchant Shipping Act 1894 (hereinafter referred to as “ the principal Act ”) and by section 80 of the Merchant Shipping Act 1906 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, that the following Regulations shall have effect as regards any ship that is a South Australian Government ship as defined in this Order. 1 In this Order — the term “ Government of South Australia ” includes the Governor of South Australia and any Minister of the Crown and any Department of the Government of South Australia and any Crown corporation or instrumentality and any corporation or instrumentality representing the Crown ; the term “ Merchant Shipping Acts ” means and includes any of the Merchant Shipping Acts, any provision of which is by virtue of the Merchant Shipping Act 1906 and this Order applicable to Government ships ; the term “ Permanent Head of a Department ” includes the chief executive officer of a corporation or instrumentality of the State of South Australia ; the term “ South Australian Government ship ” means a ship — which belongs to Her Majesty in right of the State of South Australia; or the beneficial interest in which is vested in Her Majesty in right aforesaid; or which is for the time being demised or sub-demised to or in the exclusive possession of Her Majesty in right aforesaid. 2 An application for registry of a South Australian Government ship shall be made in writing under the hand of the Minister or Permanent Head of a Department. Such application shall contain the following particulars: — a a statement of the name and description of the ship; b a statement of the time when and place where the ship was built, or, if the ship was foreign built and the time and place of building are unknown, a statement to that effect and of her foreign name; c a statement of the nature of the title to the said ship, whether by original construction by or for the Government of South Australia or by purchase, capture, condemnation, or otherwise, and a list of the documents of title, if any, in case she was not originally constructed by or for the Government of South Australia; d a statement of the name of the master. 3 The Registrar of British Ships (hereinafter referred to as “ the Registrar ”) shall enter in the register book the following particulars — a a record of the ship as belonging to the Government of South Australia represented by (giving the name of the Department, corporation, or instrumentality, as the case may be); b the name of the port to which the ship belongs; c the particulars stated in the application for registry; d the details comprised in the surveyor's certificate. 4 On the registry of a South Australian Government ship the Registrar shall retain in his possession the surveyor's certificate and the application for registry and any documents of title mentioned in such application. 5 Upon the transfer of a registered South Australian Government ship by Bill of Sale the Minister or Permanent Head of a Department for the time being shall be the transferor, and the Bill of Sale shall be in Form A in the proper form prescribed under the principal Act omitting the covenant contained in that form. 6 The application for a certificate of sale referred to in sections 39 to 42 and sections 44 to 46 of the principal Act may be made in respect of a South Australian Government ship by the Minister or Permanent Head of a Department. 7 The person to whom the management of any South Australian Government ship is entrusted by the South Australian Government shall be deemed to be the managing owner of the ship within the meaning of section 59 of the principal Act and shall be registered as provided by subsection (1) of that section. 8 Where any provision of the Merchant Shipping Acts which, by virtue of the Merchant Shipping Act 1906 and this Order, is applicable to South Australian Government ships, imposes any duty or liability or confers any right or power upon or contemplates any act being performed by the owner of a ship, such duty, liability, right or power shall, subject always to the other provisions of this Order, be carried out, borne or exercised by the Permanent Head of the Department in respect of which the ship is registered. 9 The powers conferred by sections 530 and 532 to 534 of the principal Act shall not be exercised in the case of a South Australian Government ship — a by any authority in South Australia without the consent of the Government of South Australia; b by any authority outside South Australia without the consent of the Government of South Australia except in regard to lights, buoys and other matters or things necessary for the immediate protection of traffic. 10 No provision in the Merchant Shipping Acts providing for the forfeiture or detention of a ship by reason of non-compliance with an enactment therein contained shall have any application to a South Australian Government ship. 11 Notwithstanding anything contained in the Merchant Shipping Acts and this Order the master of a South Australian Government ship shall not be liable for any penalty, debt or damage under any provision of the Merchant Shipping Acts in respect of anything done or omitted in pursuance of an Order of the Government of South Australia. 12 The following sections of the Merchant Shipping Acts shall not apply to South Australian Government ships registered in pursuance of this Order namely: — i the principal Act, sections 1 , 2, 8 to 12, 16, 23, 27 to 38, 39 to 42 (so far as relating to mortgages),43, 44 to 46 (so far as relating to mortgages),48, 49, 50, 52, 54 to 58, 59(2) and (3), 62, 68 to 72, 74, 76, 84, 85, 87, 92 to 463, 468, 472, 492 to 501, 520(b), 567, 568, 634 to 665, 667 to 679, 689(2), (3) and (4), 692, 693, and 729(1)(d) and (3) (so far as relating to any papers or documents belonging to or in the possession of the Crown). ii The Merchant Shipping Act 1897 — the whole Act. iii The Merchant Shipping (Mercantile Marine Fund) Act 1898 — the whole Act. iv The Merchant Shipping Act 1906 — sections 9, 13 to 27, 35, 38(2), so much thereof as is subsequent to the word “master” where it occurs, (3), 51 to 53, 57, 76 and 77. v The Merchant Shipping (Seaman's Allotment) Act 1911 — the whole Act. vi Any sections of the said Acts that are inconsistent with the laws of the Parliament of the Commonwealth of Australia, including any regulations or other instruments whatsoever made under those laws, in so far as they apply to South Australian Government ships: Provided always that no provision of the Merchant Shipping Acts which, according to reasonable construction, would not apply in the case of South Australian Government ships shall be deemed to apply to such ships by reason only that its application is not hereby expressly excluded. 13 The powers conferred by Part VI of the principal Act shall not be exercised in the case of a South Australian Government ship or the master other officers, or crew thereof, without the consent of the Government of South Australia. 14 Any instrument for use in a port of registry outside South Australia may be signed on behalf of a Minister or Permanent Head of a Department by a person authorised in that behalf by the Government of South Australia. 15 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 16 This Order shall come into operation on 2nd June 1971 and may be cited as the Merchant Shipping (Registration of South Australian Government Ships) Order 1971. N. E. Leigh

Friendly Societies Act 1971 Amalgamation of registered societies and transfers of their engagements 1 1 The provisions of this section and of section 2 below shall have effect in place of the provisions of section 70 of the Friendly Societies Act 1896 (in this Act referred to as " the principal Act"). 2 Any two or more registered societies may, by special resolution of each of them, become amalgamated together as one society, with or without any dissolution or division of the funds of those societies or any of them. 3 A registered society may, by special resolution, transfer its engagements to any other registered society which, by special resolution or in such other manner as may be authorised by its rules, undertakes to fulfil those engagements. 4 Before a registered friendly society becomes amalgamated with, or transfers its engagements to, another friendly society in pursuance of subsection (2) or subsection (3) above, or transfers its engagements to a company in accordance with section 71 of the principal Act, information relating to the terms of the proposed amalgamation or transfer shall be given to the members of the society — a by sending to each member of the society, not less than fourteen days before the date of the general meeting at which the resolution for the amalgamation or transfer is to be proposed, a notice in terms approved for the purpose by the chief registrar; or b if the chief registrar so allows in the case of all or any of the members of the society, by placing an advertisement, in terms approved for the purpose by him, in such newspaper or newspapers, and at such time or times, as he may specify. 5 Where, in accordance with section 75 of the principal Act, there is sent to the central office a copy of a special resolution passed at a meeting of a registered friendly society — a for the purpose referred to in subsection (2) or subsection (3) above, or b for the purpose of transferring the engagements of the friendly society to a company in accordance with section 71 of the principal Act, the resolution shall not be registered (and accordingly shall not take effect) before the expiry of the period of six weeks beginning with the date on which it is received at the central office. 6 A registered society consisting wholly of members under twenty-one and a registered society or branch or branches of a society having members above twenty-one may, by resolutions registered in the manner required for the registration of an amendment of rules, become amalgamated together as one society or branch, or provide for distributing among several branches the members of a society consisting wholly of members under twenty-one; and the preceding provisions of this section shall not apply to such an amalgamation. Objections to amalgamations and transfers of engagements of friendly societies 2 1 Subject to subsection (2) below, where a special resolution has been passed for the amalgamation, or transfer of the engagements, of a registered friendly society — a any member of the society may by notice in writing complain to the chief registrar on the ground that the provisions of section 1 above, section 4 below or of the principal Act or of any rules of the society relating to the procedure for deciding on the resolution have not been complied with ; and b any person (whether a member of the society or not) who claims that he is one of a class of persons who to a substantial extent would be adversely affected by the amalgamation or transfer may by notice in writing complain to the chief registrar on that ground. 2 A complaint under this section may not be made after the expiry of the period of six weeks referred to in section 1(5) above, but where such a complaint is made the special resolution shall not be registered until the complaint is finally determined or is withdrawn. 3 Subsections (3) and (4) of section 68 of the principal Act (powers of chief registrar in dealing with disputes) and section 84(e) of that Act (penalties for failure to comply with requirements of chief registrar in dealing with disputes) shall apply in relation to a complaint made to the chief registrar under this section as they apply in relation to a dispute referred to him under that Act; and it is hereby declared that the Arbitration Act 1950 does not apply to proceedings on a complaint under this section. 4 Where a complaint is made under this section the chief registrar may either dismiss it or if, after giving the complainant and the registered society concerned an opportunity of being heard, he finds the complaint to be justified, may either — a so declare, but make no other declaration or order under this subsection on the complaint; or b declare the special resolution to be invalid; or c make such order as he thinks fit modifying the terms of the amalgamation or transfer and, where appropriate, specifying the steps which must be taken before the special resolution may be registered at the central office; and it shall be the duty of the chief registrar to furnish a statement, either written or oral, of the reasons for any decision which he gives on a complaint under this section. 5 Where an order has been made under subsection (4)(c) above in relation to a proposed amalgamation or transfer of engagements, the central office shall not register a special resolution for giving effect to that amalgamation or transfer unless satisfied that any steps specified in the order have been taken. 6 Subject to subsections (7) and (8) below, the validity of a special resolution passed for either of the purposes referred to in subsection (1) above shall not be questioned in any legal proceedings whatsoever (except proceedings before the chief registrar under this section or arising out of any such proceedings) on any ground on which a complaint could be, or could have been, made to the chief registrar under this section. 7 In the course of proceedings on a complaint under this section the chief registrar may, if he thinks fit, at the request of the complainant or of the registered society concerned, state a case for the opinion of the High Court or, if the society concerned is registered in Scotland, the Court of Session on any question of law arising in the proceedings; and the decision of the High Court or, as the case may be, the Court of Session on a case stated under this subsection shall be final. 8 Without prejudice to subsection (1) above, where a special resolution has been passed for the amalgamation of a registered friendly society (whether or not the resolution has taken effect) any person, whether a member of the society or not, who — a claims to be entitled to receive any form of benefit from the society, and b is dissatisfied with the provision made for satisfying his claim, may within the period of three months beginning with the day on which the special resolution is passed make an application to the county court, or in Scotland to the sheriff, for the district within which the chief or any other place of business of the society, or (if the amalgamation has taken effect) the amalgamated society, is situated, and on any such application the county court or sheriff shall have the same powers in the matter as in regard to the settlement of disputes under the principal Act. Other amendments relating to amalgamation, conversion and dissolution of societies 3 1 So much of section 71 of the principal Act as authorises the amalgamation of a registered society with a company shall cease to have effect. 2 Section 73 of the principal Act (which provides for the conversion of certain registered societies into branches of other registered societies) shall cease to be limited to societies first registered before 1876, and accordingly subsection (7) of that section shall cease to have effect. 3 In paragraph (b) of section 78(1) of the principal Act (which provides for the dissolution by consent of societies and branches other than friendly societies and branches of friendly societies) the words " as respects societies or branches other than friendly societies or branches " shall be omitted and after the word " dissolution " there shall be added the words " and, in the case of a branch of a friendly society, with the consent of the central body of the society or in accordance with the general rules of the society " ; and paragraph (c) of the said section 78(1) (which contains special provisions for the dissolution by consent of friendly societies and branches of friendly societies) shall cease to have effect. 4 For subsection (2) of the said section 78 there shall be substituted the following subsection: — 2 If any member of a registered friendly society or branch in respect of which an instrument of dissolution has been registered in accordance with section 79 of this Act, or if any person claiming any relief, annuity or other benefit from the funds of such a society or branch, is dissatisfied with the provision made for satisfying his claim, he may within the period of three months referred to in subsection (6) of that section make an application to the county court for the district within which the chief or any other place of business of that society or branch is situated, and on any such application that court shall have the same powers in the matter as it has with regard to the settlement of disputes under this Act. Special resolutions 4 1 For the purposes of this Act and the principal Act a special resolution, in relation to a registered society, is a resolution passed — a at a general meeting of which notice, specifying the intention to propose that resolution, has been duly given in accordance with the society's rules, and b by not less than three-quarters of those members of the society for the time being entitled under the society's rules to vote who vote either in person or by proxy at the meeting or, in the case of a meeting of delegates appointed by members, by not less than three-quarters of the delegates who vote at the meeting. 2 Notwithstanding anything to the contrary in the rules of a registered society, at any such general meeting as is referred to in subsection (1)(a) above, other than a meeting of delegates, proxy voting shall be permitted on any resolution which, if passed as mentioned in subsection (1)(b) above, would be a special resolution, and the procedure adopted by a registered society for proxy voting on any such resolution shall comply with any requirements imposed by the chief registrar by regulations made under this section. 3 The provisions of this section shall have effect in place of the provisions of section 74 of the principal Act, but nothing in this Act shall affect the operation of the principal Act in relation to a special resolution, within the meaning of the said section 74, which is passed and confirmed in accordance with that section before the day appointed for the coming into force of this section. Power of chief registrar to inspect and apply for winding up of registered friendly societies and branches 5 1 If it appears to the chief registrar to be expedient to do so in the interests of the members of a registered friendly society or of the public he may appoint an inspector to examine into and report on the affairs of the society, and for that purpose the inspector may exercise in respect of the society all or any of the powers conferred by subsection (5) of section 76 of the principal Act on an inspector appointed under that section. 2 If on receiving the report of an inspector appointed by him under this section, it appears to the chief registrar that it is in the interests of the members of the society or of the public that the society should be wound up, then, unless the society is already being wound up by the court, the chief registrar may present a petition to the High Court or, in Scotland, to the Court of Session for the society to be wound up by the court in accordance with the Companies Act 1948 if the court thinks it just and equitable that this should be done. 3 The chief registrar may, if he considers it just, direct that all or any of the expenses of and incidental or preliminary to an inspection under this section shall be defrayed out of the funds of the society, or by the members or officers, or former members or officers, of the society in such proportions as he may direct. 4 The provisions of this section apply in relation to a registered branch of a registered friendly society as they apply in relation to such a society. 5 So much of section 17 of the Industrial Assurance Act 1923 as provides for the inspection and dissolution of collecting societies under that section shall cease to have effect (being superseded by the provisions of this section). Power of chief registrar to suspend business of registered friendly societies and branches 6 1 Subject to the following provisions of this section, if, with respect to any registered friendly society, the chief registrar considers it expedient to do so in the interests of the members of the society or the public, he may make an order forbidding the society to accept any new members or to enter into a new contract with any member of the society. 2 Not less than one month before making an order under subsection (1) above in relation to a society the chief registrar shall serve on the society a notice stating that he proposes to make such an order. 3 A notice under subsection (2) above shall specify the considerations which have led the chief registrar to conclude that it would be in the interests of the members of the society or of the public to make the order. 4 The chief registrar shall consider any representations with respect to a notice under subsection (2) above which may be made to him by the society within such period (not being less than one month) from the date on which the society is served with the notice as the chief registrar may allow and, if the society so requests, shall afford to it an opportunity of being heard by him within that period. 5 On making an order under subsection (1) above in relation to a society, the chief registrar shall serve on the society notice of the making of the order, specifying the considerations which have led him to conclude that it is expedient to make the order in the interests of the members of the society or of the public ; and the chief registrar may not make an order under subsection (1) above unless all the considerations so specified were those, or were among those, which were specified in the notice served on the society under subsection (2) above. 6 Notice of the making of an order under subsection (1) above shall be published by the chief registrar in the Gazette and in such other ways as appear to him expedient for informing the public. 7 If a society contravenes the provisions of an order under subsection (1) above it shall be liable on conviction on indictment or on summary conviction to a fine which, on summary conviction, shall not exceed £400; and every officer of the society who knowingly and wilfully authorises or permits the contravention shall be liable — a on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both, or b on summary conviction, to a fine not exceeding £400. 8 An order under subsection (1) above may be revoked by a subsequent order made by the chief registrar. 9 The provisions of this section apply in relation to a registered branch of a registered friendly society as they apply in relation to such a society. Power of chief registrar to require production of documents 7 1 The chief registrar may at any time, if he thinks there is good reason to do so — a give directions to a registered friendly society requiring the society, at such time and place as may be specified in the directions, to produce such books or papers as may be so specified ; or b authorise an officer of the central office, on producing (if required to do so) evidence of his authority, to require a registered friendly society to produce to him forthwith any books or papers which the officer may specify. 2 Where by virtue of subsection (1) above the chief registrar or any officer of the central office has power to require the production of any books or papers from a registered friendly society, the chief registrar or officer shall have the like power to require production of those books or papers from any person who appears to the chief registrar or officer to be in possession of them; but where any such person claims a lien on books or papers produced by him, the production shall be without prejudice to the lien. 3 Any power conferred by or by virtue of this section to require a registered friendly society or other person to produce books or papers includes power — a if the books or papers are produced, to take copies of them or extracts from them and to require that person, or any other person who is an officer or former officer of, or is or was at any time employed by, the society in question, to provide an explanation of them; b if the books or papers are not produced, to require the person who was required to produce them to state, to the best of his knowledge and belief, where they are. 4 Subject to subsection (5) below, if a requirement to produce books or papers or provide an explanation or make a statement which is imposed by virtue of this section is not complied with, the society or other person on whom the requirement was so imposed shall be guilty of an offence under the principal Act and liable on summary conviction to a fine not exceeding £400. 5 Where a person Is charged with an offence under subsection (4) above in respect of a requirement to produce any books or papers, it shall be a defence to prove that they were not in his possession or under his control and that it was not reasonably practicable for him to comply with the requirement. 6 A statement made by a person in compliance with a requirement imposed by virtue of this section (including any explanation provided under subsection (3) (a) above) may be used in evidence against him. 7 The provisions of this section apply in relation to a registered branch of a registered friendly society as they apply in relation to such a society. Cancellation and suspension of registration 8 In order — a to remove a number of anomalies in section 77 of the principal Act (cancellation and suspension of registration of a society) and thereby bring the law relating to registered societies into conformity with the corresponding provisions (in sections 16 and 17) of the Industrial and Provident Societies Act 1965, and b to remove the requirement of Treasury approval for the exercise by the chief registrar and the assistant registrar for Scotland of their powers to cancel or suspend the registration of a society, for the said section 77 there shall be substituted the sections set out in Schedule 1 to this Act. Fees for registration of friendly societies, etc. 9 1 Notwithstanding anything in subsection (2) of section 96 of the principal Act (which provides that no fees shall be payable on the registration of societies falling within paragraphs (1) to (4A) of section 8 of that Act or on an amendment of the rules of such societies) the Treasury may by order provide that, on the registration of any such society as is mentioned in that subsection or on an amendment of the rules of any such society, fees may be charged in accordance with a scale determined by the Treasury under subsection (1) of that section. 2 The power to make an order under this section includes power to vary or revoke such an order by a further order so made. Group insurance business 10 1 The requirement in paragraph 2 of Schedule 1 to the principal Act that the rules of a registered society shall set out the conditions under which a member may become entitled to any benefit assured by the society shall not require the inclusion in the rules of a registered society of tables relating to the benefits payable to or in respect of any members of the society in pursuance of approved group insurance business. 2 The requirement in paragraph (a) of section 8(2) of the Industrial Assurance Act 1923 that the rules of a collecting society shall contain the tables in accordance with which policies of industrial assurance are issued by the society shall not require the inclusion in the rules of a collecting society of tables relating to policies issued in pursuance of approved group insurance business conducted by the society. 3 For the purposes of section 41 of the principal Act and Part II of Schedule 8 to the Finance Act 1966 (which impose limits on the benefits which may be assured by registered friendly societies and branches) the limits in paragraphs (1)(c) and (1)(d) of paragraph 5 of the said Schedule 8 (which relate to life or endowment business which is not tax exempt) shall apply separately in relation to the amounts which may be received — a by way of group insurance business ; and b by way of other business. 4 For the purposes of this section " group insurance business " means the business of providing, in accordance with the rules of a registered society, benefits for or in respect of such employees of a particular employer or such other group of persons for the time being approved for the purposes of this section by the registrar as are members of the society ; and such business is approved group insurance business if — a the policy of insurance or other contract under which the benefits are provided for or in respect of each of the employees or other persons concerned is in a form approved by the registrar, and b such other requirements as may be prescribed by regulations made by the chief registrar are fulfilled. Increase of certain penalties under Friendly Societies Acts 11 1 The provisions of this section shall have effect for the purpose of — a increasing the maximum fines on summary conviction of certain offences under the Friendly Societies Acts 1896 to 1968 ; and b repealing so much of section 90 of the principal Act as provides for imprisonment for a maximum of three months as an alternative to a fine of £10. 2 In section 88 of the principal Act (fine for falsification of balance sheets etc.) for the words " fifty pounds " there shall be substituted " £400 " and in section 89 of that Act (fine for ordinary offences) for the words " £10 " there shall be substituted " £50 ". 3 In section 90 of the principal Act (aiding or abetting amalgamation, transfer of engagements or dissolution of friendly society contrary to the principal Act) for the words from " to the fine " to the end of the section there shall be substituted the words " to a fine not exceeding £200 ". 4 In section 16(1) of the Industrial Assurance and Friendly Societies Act 1948 (contravention by registered societies of certain provisions of that Act relating to permitted insurances) for the words " fifty pounds " there shall be substituted " £100 ". 5 In subsection (7) of section 3 of the Friendly and Industrial and Provident Societies Act 1968 (failure by member of committee of registered society to comply with provisions of that section as to revenue accounts and balance sheets) the words " under the appropriate registration Act" shall be omitted and at the end of the subsection there shall be added the words " and a person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £400 ". 6 No provision of this section shall affect the amount of the fine which may be imposed on conviction of an offence committed before the day appointed for the coming into force of that provision. Reciprocal application of legislation relating to societies registered in Northern Ireland and in other parts of the British Islands 12 1 The Treasury may make reciprocal arrangements with the Ministry of Commerce for Northern Ireland or such other authority as may be specified for the purposes of this subsection by any enactment of the Parliament of Northern Ireland with a view to securing that, on and after such day as the Treasury may by regulations appoint. — a the law applicable in England and Wales, the Channel Islands or the Isle of Man to societies registered at the central office and the law applicable in Scotland to societies registered by the assistant registrar for Scotland may be applied, in such cases and subject to such modifications as may be provided in the arrangements, to societies registered in Northern Ireland; and b the law applicable in Northern Ireland to societies registered there may be applied, in such cases and subject to such modifications as may be provided in the arrangements, to societies registered at the central office or by the assistant registrar for Scotland. 2 Subject to subsection (3) below, on and after the day appointed under subsection (1) above, references in the principal Act to a registered society shall not, in the application of that Act outside Northern Ireland, include a society registered in Northern Ireland. 3 The Treasury may make regulations for giving effect to any arrangements made under subsection (1) of this section, and such regulations may in particular — a confer rights and obligations (appropriate to registered societies) under the Friendly Societies Acts 1896 to 1968 and this Act on societies registered in Northern Ireland in such circumstances as may be specified in the regulations; b confer functions on the chief registrar, the central office and the assistant registrar for Scotland in relation to societies registered in Northern Ireland ; and c make such modifications of the Friendly Societies Acts 1896 to 1968, this Act and the Government of Ireland (Companies, Societies, &c.) Order 1922 as appear to the Treasury to be expedient to give effect to the arrangements. 4 Any reference in this section to societies registered in Northern Ireland is a reference to societies which are registered in Northern Ireland under the principal Act or any enactment of the Parliament of Northern Ireland passed for purposes similar to that Act. 5 No limitation on the powers of the Parliament of Northern Ireland imposed by the Government of Ireland Act 1920 shall preclude, or be taken to have precluded, that Parliament from enacting, before or after the passing of this Act, any provision which is similar to some provision of this section (other than this subsection) but does not come into force before the day appointed for the purposes of subsection (1) above. Regulations and orders 13 1 Any power of the Treasury to make an order or regulations under any of the preceding provisions of this Act and any power of the chief registrar to make regulations under any of those provisions shall be exercisable by statutory instrument. 2 A statutory instrument made in the exercise of any such power shall be subject to annulment in pursuance of a resolution of either House of Parliament. 3 The Statutory Instruments Act 1946 shall apply to any power of the chief registrar under this Act to make regulations by statutory instrument as if he were a Minister of the Crown. Amendments and repeals 14 1 There shall have effect — a the amendments of the principal Act set out in Part I of Schedule 2 to this Act, b the amendments of the principal Act, in its application to Scotland, set out in Part II of that Schedule, and c the amendments of the other enactments set out in Part III of that Schedule, being minor amendments, amendments consequential on the preceding provisions of this Act and amendments designed to facilitate the consolidation of the Friendly Societies Acts 1896 to 1968. 2 The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule. Citation, construction, extent and commencement 15 1 This Act may be cited as the Friendly Societies Act 1971, and this Act and the Friendly Societies Acts 1896 to 1968 may be cited together as the Friendly Societies Acts 1896 to 1971. 2 Subject to subsections (3) and (4) below, this Act shall be construed as one with the Friendly Societies Acts 1896 to 1968. 3 This Act, except subsection (5) of section 12, does not extend to Northern Ireland. 4 Her Majesty may by Order in Council provide that all or any of the provisions of this Act shall extend — a to any of the Channel Islands, b to the Isle of Man, with such exceptions, adaptations and modifications (if any) as may be specified in the Order. 5 An Order in Council made under subsection (4) above may be varied or revoked by a subsequent Order in Council so made, and any Order in Council revoking an Order in Council under subsection (4) above may contain such transitional or other incidental or supplemental provisions as appear to Her Majesty to be necessary or expedient in consequence of the revocation. 6 This Act shall come into force on such day as the Treasury may by order made by statutory instrument appoint, and different days may be so appointed for different provisions of this Act or for different purposes. SCHEDULES SCHEDULE 1 Sections to be Substituted for Section 77 of Principal Act Section 8. Cancellation and suspension of registration. 77 1 Subject to the following provisions of this section, the chief registrar or, in the case of a society registered and doing business exclusively in Scotland, the assistant registrar for Scotland may, by writing under his hand, cancel the registration of a society in the following cases, namely. — a if he thinks fit, at the request of the society evidenced in such manner as he may direct; b on proof to his satisfaction that an acknowledgment of registration has been obtained by fraud or mistake ; c on proof to his satisfaction that the society exists for an unlawful purpose or has wilfully and after notice from the chief or any assistant registrar violated any of the provisions of this Act, or has ceased to exist. 2 Subject to the following provisions of this section, in any case falling within paragraph (b) or paragraph (c) of subsection (1) of this section in which the chief registrar or the assistant registrar for Scotland might cancel the registration of a society, he may, by writing under his hand. — a suspend the registration of the society for a term not exceeding three months ; and b from time to time renew any such suspension for the like period. 3 Subject to subsection (4) of this section, not less than two months' previous notice in writing specifying briefly the ground of the proposed cancellation or suspension shall be given to a society by the chief or assistant registrar before its registration is cancelled or suspended. 4 Subsection (3) of this section shall not apply where the registration of a society is cancelled — a at its own request; or b under section 71(3) of this Act; or c under section 73(4) of this Act; and if before the expiry of the period of notice under subsection (3) of this section a society duly lodges an appeal under section 77A of this Act, the society's registration shall not be cancelled before the date of determination or abandonment of the appeal. 5 Where before the expiry of the period of notice under subsection (3) of this section of the proposed cancellation of a society's registration the society duly lodges an appeal against the proposed cancellation under section 77A of this Act, the chief or assistant registrar, as the case may require, may by writing under his hand suspend the society's registration from the expiry of that period until the date of the determination or abandonment of the appeal. 6 Where the registration of a society has been cancelled or suspended, notice shall forthwith be advertised in the Gazette and in some newspaper in general circulation in the neighbourhood of the society's registered office. 7 Where the registration of a society has been cancelled under subsection (1) of this section or suspended under subsection (2) or subsection (5) of this section, then, as the case may require. — a from the time of the cancellation, or b from the time of the suspension until the period of that suspension and any renewal of it under subsection (2)(b) of this section ends (whether on the expiry of that period or on a successful appeal under section 77A of this Act against such a renewal), the society shall not be entitled to any of the privileges of this Act as a registered society, but without prejudice to any liability actually incurred by the society (which liability may be enforced against it as if the cancellation or suspension had not taken place). Appeals against cancellation and suspension of registration. 77A 1 A society may appeal, in accordance with subsection (2) of this section, against — a the cancellation of its registration (other than as mentioned in paragraphs (a) to (c) of section 77(4) of this Act) if the appeal is lodged before the expiry of the period of notice of the proposed cancellation given under subsection (3) of section 77 of this Act; or b the renewal under subsection (2)(b) of that section of a suspension of a society's registration, so far as that renewal provides for the suspension to continue more than six months from the original date of suspension. 2 An appeal under this section shall lie — a from a decision of the assistant registrar for Scotland, to the chief registrar and, if the chief registrar confirms the decision, to the Court of Session ; b from a decision of the chief registrar otherwise than under paragraph (a) above, to the High Court. SCHEDULE 2 Amendments of Other Enactments Section 14(1). PART I Amendments of Principal Act of General Application 1 In section 2(2) (functions of central office) paragraph (c) (duty to publish actuarial and other tables) shall be omitted. 2 In section 5, for the words " The Treasury shall" there shall be substituted the words " There shall be paid " ; the word " pay " shall be omitted; for the words from " and such sums " to " and other" in the second place where they occur, there shall be substituted the words " as the Minister for the Civil Service may allow and any " ; and the words " as the Treasury may allow " shall be omitted. 3 In section 8(1) (purposes for which friendly societies may be established) in paragraph (a) after the word " children " in each place where it occurs there shall be inserted the words " (including stepchildren) " and after the words " during minority" there shall be inserted the words " or at any later time whilst they are receiving full-time education ". 4 At the end of section 10 (name by which a society may be registered) there shall be added the words " or in any name which in his opinion is otherwise undesirable ". 5 At the end of section 11 (acknowledgment of registration) there shall be added the following subsection : — 2 An acknowledgment under subsection (1) of this section of the registry of a society shall also constitute an acknowledgment, and be conclusive evidence, of the registry of the rules of the society in force at the date of the registry of the society. 6 In section 14 (societies carrying on business in more than one part of the United Kingdom) in subsection (1), the words from " but the rules " to the end of the subsection shall be omitted and for subsection (2) there shall be substituted the following subsection: — 2 Such a society shall not be entitled to any of the privileges of this Act as a registered society in any other part of the United Kingdom until a copy of its registered rules has been sent to, and those rules have been recorded by, the registrar of that part ; and any registered amendment of the rules so recorded shall not have effect in that part until a copy of the amendment has been so sent and the amendment so recorded. 7 In section 17(1) (documents to accompany application for registration of society with branches) for paragraphs.(c) and (d) there shall be substituted the following paragraph: — c two copies of all branch rules. 8 In section 18 (documents to accompany application for registration of new branch) for paragraph (d) of subsection (1) there shall be substituted the following paragraph: — d two copies of the rules of the branch ; and in subsection (2) of that section the words from " Where the rules " to " of the society " shall be omitted, for the word " that " in the first place where it occurs there shall be substituted the word " a " and after the word " Act" there shall be inserted the words " as a registered society ". 9 At the end of section 24 (registered office of societies and branches) there shall be added the following subsection: — 3 Section 13 of this Act shall not apply in relation to a change in the situation of the registered office of a society or branch, but where notice of such a change is sent to the registrar under this section he shall register it as an amendment of the rules of the society or branch concerned. 10 Section 34 (special rules for transfer of stock transferable at the Bank of England or Bank of Ireland) shall cease to have effect. 11 In section 50 (devolution of property on death of trustee) after the word " assignment" there shall be inserted the words " or assignation " , and the words " and whether the property is real or personal ", " as personal estate " and the words from " except " to the end of the section shall be omitted. 12 For section 53 (discharge of mortgages by endorsed receipt) there shall be substituted the following section: — 53 1 Where, in the case of any mortgage or other assurance to a registered society or branch of any property, a receipt hi full for all money secured thereby on that property is endorsed on or annexed to the mortgage or other assurance, being a receipt — a signed by the trustees of the society or branch and countersigned by the secretary thereof ; and b in the form set out in Part III of Schedule 2 to this Act or in any other form specified in the rules of the society or branch or any schedule thereto, then, for the purposes of the provisions of section 115 of the Law of Property Act 1925 which are specified in subsection (2) of this section, that receipt shall be deemed to be a receipt which fulfils the requirements of subsection (1) of that section. 2 The provisions of the said section 115 which are referred to in subsection (1) of this section are — a subsection (1), so far as it relates to the operation of such a receipt as is mentioned in that subsection ; b if, but only if, the receipt under this section states the name of the person who pays the money, subsection (2) ; c subsections (3), (6), (8), (10) and (11) ; and d where consistent with the terms of the form authorised by subsection (1)(b) of this section which is used for the receipt, subsection (7). 3 This section extends to England and Wales only. 13 In section 55(2) (proceedings in case of failure of officers to account or pay over money etc.) after the words " jurisdiction, and " there shall be inserted the words " notwithstanding anything in section 108 of the County Courts Act 1959 or section 62 of the Summary Jurisdiction (Scotland) Act 1954 ". 14 In section 56 (nomination of sum payable on death of deceased member) in subsection (1) after the word " person " there shall be inserted the words " or persons " and for the words from " not exceeding" to the end of the subsection there shall be substituted the words " or any specified amount of money so payable shall be paid at his decease, but the total amount which may be nominated under this section shall not exceed £500 " ; and in subsection (3) of that section (nominations not to be in favour of officers and servants of the society or branch concerned) after the word " not" there shall be inserted the words " at the date of the nomination ". 15 In section 57(1) (payment on death of nominator) after the word " member " there shall be inserted the words " or as the case may be the amount specified in the nomination, but in any case ". 16 In section 58(2) (payment on intestacy of member who was illegitimate) for the word " trustees " there shall be substituted the words " society or branch ". 17 In section 61, in subsection (1) (registered societies and branches not to pay sums on death of a member except on production of death certificate) after the word " production" there shall be inserted the word " either " and at the end of the subsection there shall be inserted the words " or, except in a case falling within section 63 of this Act, of the grant of probate to the will of the member or other person or of letters of administration to his estate or of a certificate of confirmation to his estate ". 18 In section 68 (decision on disputes) in subsection (7) (power to state a case and order discovery of documents) — a for the words from "Notwithstanding" to "Arbitration Act 1889, or " there shall be substituted the words " Section 21 of the Arbitration Act 1950 shall not apply to any dispute falling within this section and, notwithstanding anything "; b for the words from " in England or Ireland" to " Inner House " there shall be substituted the words " of the High Court or, in Scotland ", and c for the words from " may also grant" to the end of the subsection there shall be inserted the words " where a dispute falling within this section is referred to a magistrates' court, the court may grant to either party such discovery of documents being, in the case of discovery to be made on behalf of the society or branch, discovery by such officer of the society or branch as the court may determine, as might have been granted by virtue of section 12 of the Arbitration Act 1950 by the chief or an assistant registrar to whom the dispute had been referred, and where a dispute falling within this section has been referred to the assistant registrar for Scotland, the registrar may grant such warrant for the recovery of documents and examination of havers as might be granted by the sheriff ". 19 In section 69(1) (power of registered society to change its name by special resolution) for the words " by special resolution, with " there shall be substituted the words " change its name by an amendment of its rules and in no other manner, but no amendment of the rules of a registered society which purports to change the name of the society shall be registered under section 13 of this Act unless that change has " and the words from " change its name ", in the first place where they occur, to the end of the subsection shall be omitted. 20 In section 76(1) (power of registrar, on application of a certain number of the members of a registered society and with the consent of the Treasury, to appoint inspectors to investigate, or to call a special meeting of, the society) the words "but with the consent of the Treasury in every case" shall be omitted. 21 In section 78(1)(d) (dissolution of registered societies and branches by award of the chief registrar or assistant registrars) the words " or assistant registrars " shall be omitted. 22 In section 79(6) (time limit for proceedings to set aside dissolution of society or branch effected by instrument of dissolution) the words "within three months from the date of the Gazette in which the advertisement appears" shall be transposed to follow the word " commences ". 23 1 In section 80 (dissolution of societies and branches by award) in subsection (3), in the proviso, for the words " being made " there shall be substituted the words " coming into operation, and where within that period the society makes such alterations and adjustments the chief registrar may cancel the award ". 2 In subsection (6) of that section for the word "publishing" there shall be substituted the word " advertising ". 3 In subsection (7) of that section the words " within three months from the date on which that advertisement appears" shall be transposed to follow the word " commences ". 24 In section 83, in subsection (1) (notice of proceedings to set aside dissolution), for the words from " central office" to the end of the subsection there shall be substituted the words " registrar not later than the expiry of whichever of the following periods first expires, namely, the period of seven days after the commencement of the proceedings and the period of three months referred to in section 79(6) or, as the case may require, section 80(7) of this Act "and in subsection (2) of that section for the words "the central office" there shall be substituted the words " the registrar ". 25 In section 84 (offences) in paragraph (c) after the word " insufficient" there shall be inserted the words " being a return or information required for the purposes of this Act ". 26 1 In section 87 (punishment of fraud, false declarations, and misappropriations) in subsection (1) for the words " guilty of a misdemeanour" there shall be substituted the words " liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both a fine and such a term of imprisonment ". 2 In subsection (3) of that section for the words from "or withholds " to the end of the subsection there shall be substituted the words " or fraudulently withholds any such property in his possession or fraudulently applies any such property for purposes which are not authorised by the rules of the society or branch or which are not in accordance with this Act, he shall be liable on summary conviction to a fine not exeeding £400 and to be ordered to deliver up that property or to repay all moneys improperly applied and any person who fails to comply with such an order made by a court in Scotland shall be liable on summary conviction to imprisonment for a term not exceeding two months. " 3 After subsection (3) of that section there shall be inserted the following subsections : — 3A If — a in proceedings under subsection (3) above which do not result in a conviction, or b in civil proceedings instituted for the purpose, a court of summary jurisdiction is satisfied that any person having possession of any property of a registered society or branch has failed to deliver it up when requested to do so by the society or branch, the court may make an order requiring him to deliver up that property; and any person who fails to comply with such an order made by a court in Scotland shall be liable on summary conviction to imprisonment for a term not exceeding two months. 3B If in any such proceedings as are referred to in subsection (3A) of this section a court of summary jurisdiction is satisfied that any person has applied money belonging to a registered society or branch for purposes which are not authorised by the rules of the society or branch or which are not in accordance with this Act, the court may order him to repay to the society or branch the money which he has so applied ; and, whatever the nature of the proceedings in which any such order is made, the order shall be enforceable as an order for the payment of money recoverable, in England summarily, as a civil debt. 3C Where a court makes an order under subsection (3A) or subsection (3B) of this section, the order may be appealed against as if it were an order of that court made on the conviction of the person to whom the order is directed. 4 In subsection (4) of section 87, for the words " Complaint under this section may be made " there shall be substituted the words " Proceedings under subsection (3) of this section may be instituted by, and in England only by, the following persons, that is to say ". 27 In section 91 (recovery of fines) in subsection (1) the words " or by the rules of a registered society or branch " shall be omitted and for subsection (2) of that section there shall be substituted the following subsection: — 2 Summary proceedings for an offence under this Act may be instituted by the chief registrar or by any assistant registrar or by any person aggrieved . 28 In section 92 (jurisdiction of magistrates' court) for the words from " and Ireland" to the end of paragraph (a) there shall be substituted the words " without prejudice to the provisions of the Magistrates' Courts Act 1952 as to the jurisdiction of a magistrates' court, all summary offences under this Act may be prosecuted " ; and in paragraphs (b) and (c) of that section for the words " at the place where" there shall be substituted the words " before a magistrates' court acting for the petty sessions area in which ". 29 In section 96(1) (power of Treasury to determine fees for certain purposes) after the word " may" there shall be inserted the words " by regulations under section 99 of this Act ". 30 1 In section 98 (forms for various purposes under the principal Act) for subsections (1) and (2) there shall be substituted the following subsection: — 1 Until such time as a form for the purpose is prescribed by regulations under section 99 of this Act, for the purpose of each of the acknowledgements specified in Parts I and II of Schedule 2 to this Act the appropriate form set out in those Parts of that Schedule shall be used. 2 In subsection (3) of that section for the words from " abstract " to " document" there shall be substituted the words " and valuation report ". 31 1 In section 99 (regulations for carrying out the principal Act) in subsection (1) after the words " this Act", in the first place where they occur, there shall be inserted the words " including, subject to section 98(3) of this Act, the forms to be used for any purpose under this Act ". 2 At the end of subsection (2) of that section (regulations to be laid before Parliament) there shall be added the words " and section 5 of the Statutory Instruments Act 1946 shall apply to a statutory instrument containing such regulations as if this subsection were such a provision as is referred to in subsection (2) of that section " 32 In section 106 (definitions) in the definition of " the registrar " for the words from " for England " to the end of the definition there shall be substituted the words " in relation to a society or branch whose registered office is for the time being, or is to be, in England, the central office and in relation to a society or branch whose registered office is for the time being, or is to be, in Scotland, the assistant registrar for Scotland " ; and for the definition of " gazette " there shall be substituted the following: — the expression " Gazette", in relation to a registered society or branch, means — the London Gazette if the registered office of the society or branch is situated in England ; the Edinburgh Gazette if the registered office of the society or branch is situated in Scotland ; 33 In Schedule 1 (matters for which rules of societies must provide) in paragraph 12 (provision for voluntary dissolution) the words from " in a friendly society " to the words " by consent" in the second place where they occur shall be omitted. PART II Amendments of Principal Act Applicable to Scotland 34 At the end of section 31 (registered cattle insurance and other societies) there shall be added the following subsection: — 3 In its application to Scotland, subsection (1) of this section shall have effect as if the words " and affixed his seal" were omitted. 35 In section 35 (priority on death, bankruptcy, etc. of officer) in subsection (2) the words " cessio bonorum of a debtor in Scotland " shall be omitted, and at the end there shall be added the following subsection: — 3 In the application of subsection (1) of this section to Scotland for the reference to the bankruptcy of any officer there shall be substituted a reference to an award of sequestration being made on any officer's estate or his executing a trust deed for his creditors or his entering into a composition contract. 36 At the end of section 45 (loans to assured members) there shall be added the following subsection: — 3 In the application of subsection (1) of this section to Scotland, for the word " sureties " there shall be substituted the word " cautioners ". 37 In section 46 (loans out of a separate loan fund) after the word " sureties " there shall be inserted the words " or, in Scotland, cautioners ". 38 At the end of section 47 (holding of land) there shall be added the following subsection: — 3 In the application of subsection (1) of this section to Scotland. — a for the word " exchange" there shall be substituted the word " excamb "or " excambion" as the case may require ; b for the word " mortgage ", in the first place where itoccurs, there shall be substituted the words " grant a heritable security over " and the other references to " mortgage " shall be construed accordingly ; and c for the word "mortgagee" there shall be substituted the words " creditor in a heritable security ". 39 In section 54 (security by officers) after the word " surety " there shall be inserted the words " or, in Scotland, a cautioner ". 40 At the end of section 68 (decision of disputes) there shall be added the following subsection: — 9 In the application of this section to Scotland — a in subsection (1) the words from "and shall not" to " injunction " shall be omitted ; b in subsection (7) for the word " arbitrator " there shall be substituted the word " arbiter ". 41 At the end of section 91 (recovery of fines) there shall be added the following subsection: — 4 In the application of subsection (3) of this section to Scotland, the word " summarily" shall be omitted. 42 In section 106 (definitions) at the end of the definition of " property " there shall be added the words " and (in Scotland) to all heritable and moveable estate " , and at the end of the section there shall be added the following subsection: — 2 In the application of this Act to Scotland, " heritable security " means any security capable of being constituted over any interest in land by disposition or assignation of that interest in security of any debt, and of being recorded in the Register of Sasines. 43 In Schedule 2, in Part III, in paragraph (2) of the Form of Bond for the words " caution and surety " there shall be substituted the word " cautioner ". PART III Amendments of Other Provisions 44 In the Shop Clubs Act 1902 section 3 and the Schedule (rules of certified shop clubs and thrift funds required to contain certain provisions substantially identical with those required by the principal Act) shall cease to have effect. 45 In section 9(1) of the War Loan (Supplemental Provisions) Act 1915 (investment of funds of friendly societies in Scotland) the words " friendly society or " shall be omitted. 46 In section 8(2)(b) of the Industrial Assurance Act 1923 (provisions to be contained in rules of collecting societies) after the word " and " there shall be inserted the words " except where section 10(2) of the Friendly Societies Act 1971 applies ". 47 In section 36 of the Industrial Assurance Act 1923 (amendments of section 70 of the principal Act in its application to collecting societies) in subsection (1) for the words " Section seventy of the Friendly Societies Act 1896, in its " there shall be substituted the words " Sections 1 and 2 of the Friendly Societies Act 1971 in their " and paragraph (i) shall be omitted, and in subsection (2) of that section for the words " said section " there shall be substituted the words " said sections " and for the words " subsection (2) thereof " there shall be substituted the words " subsection (3) of the said section 1 ". 48 In section 16(5) of the Industrial Assurance and Friendly Societies Act 1948 (extension of time for summary proceedings for offences under the principal Act) after the words " Act of 1896 " there shall be inserted the words "which are instituted by the chief registrar or any assistant registrar or by the procurator fiscal 49 In section 6(1) of the Friendly and Industrial and Provident Societies Act 1968 (resolutions relating to appointment and removal of auditors) the words " Subject to subsection (5) of this section" shall be omitted. SCHEDULE 3 Enactments Repealed Section 14(2). Chapter Short Title Extent of Repeal 59 & 60 Vict. c. 25 . The Friendly Societies Act 1896. Section 2(2)(c). In section 5 the word " pay " and the words " as the Treasury may allow ". In section 14, in subsection (1) the words from " but the rules " to the end of the subsection. In section 18, in subsection (2) the words from the beginning to " of the society ". Section 34. In section 35(2) the words " cessio bonorum of a debtor in Scotland". In section 50 the words from " and whether " to " personal estate ", except the word " vest," and the words from " except " to the end of the section. In section 69, in subsection (1) the words from " change its name " in the first place where they occur, to the end of the subsection. Section 70. In section 71, in subsection (1) the words " amalgamate with or " and in subsection (3) the words " or amalgamates with ". Section 73(7). Section 74. In section 76(1) the words " but with the consent of the Treasury in every case ". In section 78(1), in paragraph (b) the words from " as respects " to " branches" in the second place where it occurs, paragraph (c) and in paragraph (d) the words " or assistant registrars ". In section 102 the words The expression ' misdemeanour' shall mean crime and offence ". In Schedule 1, in paragraph 12 the words from " in a friendly society" to the words " by consent" in the second place where they occur. 2 Edw. 7 c. 21 . The Shop Clubs Act 1902. Section 3. The Schedule. 5 & 6 Geo. 5. c. 93 . The War Loan (Supplemental Provisions) Act 1915. In section 9(1) the words " friendly society or ". 13 & 14 Geo. 5. c. 8 . The Industrial Assurance Act 1923. In section 17, in subsection (1) the words " collecting society or ", the words " the Friendly Societies Act 1896 or " and the words " society or" in the second and third places where they occur, in subsection (2) the words from " in the case of a society " to " company may ", and in subsection (3) the words " society or" in each place where they occur and the words from " or members " to " management ". In section 36, paragraph (i) of subsection (1) and in subsection (2) the words " amalgamate with or ". 15 & 16 Geo. 5. c. 20 . The Law of Property Act 1925. In section 115(9) the word " friendly ". 8 & 9 Eliz. 2. c. 61 . The Mental Health (Scotland) Act 1960. In Schedule 4, the entry relating to the Friendly Societies Act 1896. 1968 c. 55 . The Friendly and Industrial and Provident Societies Act 1968. In section 6(1) the words " Subject to subsection (5) of this section ".

The Increase of Pensions (Police and Fire Services) Regulations 1971 In exercise of the powers conferred on me by section 5(3) of the Pensions (Increase) Act 1971, I hereby, with the consent of the Minister for the Civil Service, make the following Regulations: — Citation 1 These Regulations may be cited as the Increase of Pensions (Police and Fire Services) Regulations 1971. Operation 2 These Regulations shall come into operation on 1st September 1971. Interpretation 3 1 Any reference in these Regulations to any enactment or instrument shall be construed as including a reference to that enactment or instrument as amended by or under any other enactment or instrument. 2 Any reference in any of these Regulations to a paragraph or to a Regulation shall be construed, unless the context otherwise requires, as a reference to a paragraph of that Regulation or, as the case may be, to a Regulation contained in these Regulations. 3 In these Regulations the following expressions have the meanings hereby respectively assigned to them, that is to say: — “ the Firemen's Pension Scheme ” means a scheme from time to time in force under section 26 of the Fire Services Act 1947 ; “ pension ” includes an allowance ; “ the Police Pensions Regulations ” means the Regulations from time to time in force under the Police Pensions Act 1948 ; “ the Police Cadets (Pensions) Regulations ” means the Regulations from time to time in force under section 35 of the Police Act 1964 or under section 27 of the Police (Scotland) Act 1967 ; “ the principal Act ” means the Pensions (Increase) Act 1971 ; “ the Special Constables (Pensions) Regulations ” means the Regulations from time to time in force under section 34 of the Police Act 1964 or section 26 of the Police (Scotland) Act 1967 . Pensions reduced on account of additional benefit 4 1 This Regulation shall apply to a pension payable in accordance with — a the Police Pensions Regulations; b the Special Constables (Pensions) Regulations; c the Police Cadets (Pensions) Regulations, or d the Firemen's Pension Scheme, which is reduced in amount or is not payable on account of the payment of some additional benefit. 2 Subject to paragraphs (6) and (7), in relation to a pension to which this Regulation applies, the basic rate, the 1969 standard and the 1971 rate shall be calculated (where Regulation 5 applies, having regard to paragraphs (3) and (4) thereof) as if no additional benefit were payable and there shall be construed accordingly — a the reference to the annual rate on 31st August 1971 in section 6(3) of the principal Act, and b the reference to the annual rate in the definition of the expression “ basic rate ” in section 17(1) of the principal Act . 3 Subject to paragraphs (6) and (7), where the permitted reduction in the amount of a pension to which this Regulation applies exceeds — a the 1969 standard or the 1971 rate, whichever is the greater, in the case of a pension which began before the year 1969, or b the basic rate of the pension in any other case, (having regard to the provisions of these Regulations and, in particular, to paragraph (5)) section 1 of the principal Act shall have effect as if it were provided therein that the increase payable thereunder should be reduced by the excess. 4 Subject to paragraph (6), where the permitted reduction in the amount of a pension to which this Regulation applies exceeds the basic rate of the pension as authorised to be increased as mentioned in subsection (6) of section 2 of the principal Act (having regard to the provisions of these Regulations and, in particular, to paragraph (5)) the said section 2 shall have effect as if it were provided therein that any increase provided for by an order thereunder should be reduced by the excess. 5 For the purposes of paragraphs (3) and (4), without prejudice to paragraph (2), in determining the 1971 rate of the pension and in determining the basic rate of the pension as authorised to be increased as mentioned in paragraph (4) (in so far as that rate depends upon the 1971 rate) there shall be disregarded — a any relevant increase (within the meaning of section 6 of the principal Act) payable to the pensioner on 31st August 1971 by reason that he had attained the age of 70 on or before that date, and b the provisions of section 6(5) of the principal Act. 6 If the modifications of the principal Act contained in paragraph (3) or, as the case may be, in paragraph (4) (in either case read with paragraphs (2) and (5)) would result in the increase of a pension under section 1, or the increase of a pension provided for by an order under section 2, being less than it would have been but for the modifications in question, then, for the purpose of calculating that increase, the said modifications shall not apply. 7 If, in the case of a pension to which this Regulation applies, increases were in payment under the Pensions (Increase) Act 1956 or the Pensions (Increase) Act 1959 on 31st August 1971 and the increase of that pension under section 1 of the principal Act is less than those increases, the said section 1 shall, notwithstanding anything in the preceding provisions of this Regulation, have effect subject to such modifications as will secure that the increase thereunder is not less than those which would have been payable under the said Acts of 1956 and 1959 had the principal Act not been enacted. 8 In this Regulation the expression “ additional benefit ” means — a any benefit payable under the National Insurance Act 1965 together with any supplement thereto payable under section 2 of the National Insurance Act 1966; b any benefit payable under the National Insurance (Industrial Injuries) Act 1965 together with any supplement payable therewith under the said section 2; c any armed forces pension payable in pursuance of any Royal Warrant or other instrument; d any family allowances payable under the Family Allowances Act 1965 or e any payment of whatever nature, other than a pension payable as mentioned in paragraph (1) of this Regulation, which is made to the pensioner by a fire authority, by any other local authority or by a Minister of the Crown, and the expression “ permitted reduction ” means the amount (expressed as an annual rate) by which a pension would fall to be reduced on account of the payment of additional benefit if the reduction were not limited by the size of the pension . Police, special constabulary and police cadet supplemental pensions 5 1 This Regulation shall apply where a supplemental pension is payable in accordance with — a the Police Pensions Regulations; b the Special Constables (Pensions) Regulations; or c the Police Cadets (Pensions) Regulations whether or not the pension is reduced in amount or is not payable on account of the payment of some additional benefit within the meaning of Regulation 4. 2 Section 3(2) of the principal Act shall have effect in relation to such a supplemental pension as if the pensioner had retired on account of physical or mental infirmity. 3 Where, in accordance with the Regulations mentioned in paragraph (1)( a ) or ( c ), the pensioner is entitled to some other pension, notwithstanding anything in those Regulations, the provisions of the principal Act and of Regulation 4 shall have effect (where paragraph (4) applies, subject to the provisions thereof) as if the supplemental pension and the other pension constituted separate awards. 4 Where, in accordance with the Regulations mentioned in paragraph (1)( a ), the pensioner is entitled to some other pension, for the purpose of ascertaining the 1971 rates of the supplemental and of the other pension under section 6 of the principal Act, the 1971 rate of the other pension shall be ascertained without regard to the supplemental pension but the difference between that rate and the 1971 rate of the combined pensions (where Regulation 4 applies to the supplemental pension, having regard to paragraph (2) thereof) shall be treated as the 1971 rate of the supplemental pension. Flat-rate fire service pensions 6 1 This Regulation shall apply to a flat-rate pension which began, within the meaning of the principal Act, after the year 1943 and which is payable in accordance with — a the Firemen's Pension Scheme, where in relation to the pension that Scheme is subject to the modifications set out in section 27(3) of the Fire Services Act 1947; b the Fire Brigades Pensions Act 1925; c the Police Pensions Act 1921 — i in respect of a person to whom the :National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 applied at the time of his death or retirement; or ii as applied by the Leicester Fire Brigade Provisional Order Confirmation Act 1925 or iii as applied by section 80 of the Birmingham Corporation Act 1922; d the Police Act 1890 — i as applied by section 13 of the Salford Improvement Act 1893; or ii as applied by section 63 of the Bolton Tramways and Improvement Act 1897; or iii as applied by section 187 of the Derby Corporation Act 1901; or iv as applied by section 50 of the Leicester Corporation Act 1908; or v as applied by section 46 of the Birmingham Corporation Act 1914;

The Education of Handicapped Children (Transfer of Staff and Property) Order 1971 The Secretary of State for Education and Science in relation to England and the Secretary of State for Wales in relation to Wales, in exercise of their powers under section 1(2) of the Education (Handicapped Children) Act 1970, hereby order as follows: — Citation, commencement and interpretation 1 1 This order may be cited as the Education of Handicapped Children (Transfer of Staff and Property) Order 1971 and shall come into operation on 12th March 1971. 2 The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament. “The appointed day” 2 In this order “ the appointed day ” means 1st April 1971, being the day appointed for the purposes of section 1 of the Education (Handicapped Children) Act 1970; and for the purposes of article 6 of this order the compensation regulations mentioned in that article shall have effect as if references to the material date were references to the appointed day . Transfer of local government officers 3 Subject to article 5 below, there shall on the appointed day be transferred to the employment of the Inner London Education Authority every person who is employed for the whole, or substantially the whole, of his time by an inner London borough at or for the purposes of a junior training centre or special care unit provided in pursuance of arrangements under section 12 of the Health Services and Public Health Act 1968 for training children classified under section 57 of the Education Act 1944 as unsuitable for education at school. Transfer of officers of regional hospital boards 4 1 Subject to article 5 below, there shall on the appointed day be transferred to the employment of the appropriate local education authority every person who is employed for the whole, or substantially the whole, of his time by a regional hospital board — a in training children classified under section 57 of the Education Act 1944 as unsuitable for education at school; or b in assisting any such person in such training. 2 For the purposes of this article the appropriate local education authority is, as regards any person, the authority in whose area is situate the hospital at or for the purposes of which he is employed. Determination of questions under articles 3 and 4 5 1 If any question arises whether a person is so employed as is described in either of the two preceding articles (“the transfer articles”) it shall be referred not later than 30th April 1971 to a tribunal established under section 12 of the Industrial Training Act 1964 and the decision of that tribunal shall be final. 2 Where any such question is pending as regards any person on the appointed day, the relevant transfer article shall not apply to that person unless and until the tribunal determine that he was employed as is in that article provided and, if the tribunal so determine, that article shall have effect with the substitution for the reference to the appointed day of a reference to the fourteenth day following the day upon which the decision of the tribunal is notified. Compensation 6 1 The Local Government (Compensation) Regulations 1963 to 1970 shall, with the necessary adaptations, apply to — i persons employed before the appointed day for the purpose of functions of local health authorities; and ii persons transferred by virtue of article 4 above — who suffer loss of employment or loss or diminution of emoluments which is attributable to section 1 of the Education (Handicapped Children) Act 1970 as they apply to persons who suffer such loss or diminution which is attributable to the enactments mentioned in regulation 4 of the Local Government (Compensation) Regulations 1963 as amended . 2 The National Health Service (Compensation) Regulations 1971 shall, with the necessary adaptations, apply to other persons employed before the appointed day for the purpose of functions of regional hospital boards who suffer loss of employment or loss or diminution of emoluments which is attributable to section 1 of the Education (Handicapped Children) Act 1970 as they apply to persons who suffer such loss or diminution which is attributable to any such provision, event or order as is mentioned in regulation 4 of those regulations. 3 For the purposes of paragraph (1) of this article the compensating authority shall be — a in the case of a person who on the appointed day is employed for the purpose of functions of a local education authority, that authority; b in the case of any other person, the local health authority for the purpose of whose functions he was employed immediately before the appointed day. Terms and conditions of service 7 1 Any person employed before the appointed day for the purpose of functions of a local health authority or a regional hospital board who on the appointed day is in consequence of section 1 of the Education (Handicapped Children) Act 1970 employed for the purpose of functions of a local education authority shall, so long as he continues in that authority's employment for the purpose of those functions, enjoy terms and conditions of employment not less favourable than those he enjoyed immediately before that date, except as regards the scale of his salary or remuneration if on that date or afterwards he ceases to be engaged in duties reasonably comparable to those in which he was engaged immediately before that date; and in the event of his ceasing to be so engaged, the scale of his salary or remuneration shall also be not less favourable so long as he has not been served with a statement in writing of new terms and conditions of employment. 2 If any question arises whether the duties in which a person is engaged on or after the appointed day are reasonably comparable to those in which he was engaged before that date it shall be referred to a tribunal established under section 12 of the Industrial Training Act 1964 and the decision of that tribunal shall be final. Superannuation of local government officers 8 The schedule shall have effect as from the appointed day for the protection of the superannuation rights of persons employed before the appointed day for the purpose of functions of local health authorities. Superannuation of officers of regional hospital boards 9 1 This article shall have effect as from the appointed day for the protection of the superannuation rights of any person transferred to the employment of a local education authority by virtue of article 4(1) of this order who was before the appointed day an officer to whom Part II of the National Health Service (Superannuation) Regulations 1961 as amended applied by virtue of regulation 4(1) of those regulations. 2 Any such person as is mentioned in paragraph (1) of this article shall not, so long as he continues to be engaged in that authority's employment in duties reasonably comparable to those in which he was engaged immediately before the appointed day, be treated as falling within section 3(2) of the Local Government Superannuation Act 1937 unless — a he is employed otherwise than as a teacher; and b within three months after the appointed day, or such longer period as the Secretary of State for Social Services may in his case approve, he otherwise elects by notice in writing to the Secretary of State for Social Services and the authority to whose employment he is transferred. 3 In its application to a person transferred by virtue of article 4(1) of this order to the employment of the council of the county borough of Manchester paragraph (2) above shall have effect with the substitution for the reference to section 3(2) of the Local Government Superannuation Act 1937 of a reference to the scheme administered under the Manchester Corporation (Pensions) Acts 1920 to 1970. 4 Any agreement or trust deed made for the purposes of any scheme of superannuation by policies of insurance by the Secretary of State for Social Services in respect of any such person as is mentioned in article 4(1) of this order and having effect immediately prior to his transfer shall, so far as relates to that person, have effect thereafter as if it had been made with the local education authority to whose employment he is transferred by virtue of that article; and any policies of insurance which are held for the purposes mentioned in this paragraph for the benefit of any such person by the Secretary of State for Social Services shall be held for the like purposes by that authority. 5 As regards any person transferred by virtue of article 4(1) to whom the National Health Service (Superannuation) Regulations 1961 as amended apply by virtue of a direction given by the Secretary of State for Social Services under section 7(2) of the Superannuation (Miscellaneous Provisions) Act 1967, the obligation to pay contributions which is imposed by regulation 7(1)(b) of those regulations shall be discharged by the local education authority to whose employment he is transferred; and the references in that regulation to the employing authority shall be construed accordingly. Transfer of property 10 1 There shall on the appointed day be transferred to the Greater London Council all property, real and personal, vested in any inner London borough which immediately before that day is used by them wholly for the purposes of any such centre or unit as is mentioned in article 3 above, together with any rights and liabilities to which any such borough is then entitled or subject in or in relation to any such property. 2 In the case of any property vested in an inner London borough which immediately before the appointed day is used partly for such purposes and partly for other purposes, paragraph (1) above shall apply as if the reference to all property were a reference to such property, and the reference to the appointed day were a reference to such a day, as may be agreed between the Council and the borough concerned or, in default of such agreement, determined by the Secretary of State. 3 Section 151 of the Local Government Act 1933 (which relates to financial adjustments between public bodies) shall with the necessary modifications apply for the purposes of this article as if the reference to an Order under Part VI of that Act included a reference to paragraphs (1) and (2) of this article. Given under the Official Seal of the Secretary of State for Education and Science on 2nd March 1971. Margaret Thatcher Secretary of State for Education and Science Given under my hand on 3rd March 1971. Peter Thomas Secretary of State for Wales SCHEDULE SUPERANNUATION OF LOCAL GOVERNMENT OFFICERS Article 8 1 In this schedule — “ existing employment ” means employment for the purpose of functions of a local health authority ; “ new employment ” means employment for the purpose of functions of a local education authority ; “ the Act ” means the Local Government Superannuation Act 1937 ; “ transferred employee ” means a person employed before the appointed day for the purpose of functions of a local health authority who on the appointed day (within the meaning of article 3 of this order as modified by article 5) is in consequence of the Education (Handicapped Children) Act 1970 employed for the purpose of functions of a local education authority; and, except in paragraphs 2, 3, 4, 7 and 12 (which apply only to persons transferred by virtue of article 3 of this order), includes any person so employed whether or not he has been transferred from the employment of one local authority to that of another . 2 Subject to the provisions of this schedule, any enactment, instrument or other document contained in or made or issued under the Local Government Superannuation Acts 1937 to 1953 , the Superannuation (Miscellaneous Provisions) Act 1948, Part III of the National Insurance Act 1965 or article 21(6) of the London Authorities (Superannuation) Order 1965 as amended shall have effect in relation to any transferred employee to whom it applies as if his new employment and his existing employment were one continuous employment. 3 Paragraph 2 of this schedule shall not have effect for the purposes of section 29 of the Act and shall not affect the operation of the Local Government Superannuation (Administration) Regulations 1954 as amended in relation to any transferred employee. 4 Where immediately before the appointed day a transferred employee is a contributory employee by virtue of a statutory resolution under section 3(2)(b) of the Act, he shall continue to be a contributory employee in his new employment, and for that purpose the Inner London Education Authority shall be deemed to have passed or made such statutory resolution as would have the effect of making him a contributory employee in his new employment. 5 Any transferred employee who, if this order had not been made, would have become a contributory employee by completing any period of qualifying service necessary to comply with such a resolution as is mentioned in paragraph 4 of this schedule and who does not otherwise become a contributory employee at an earlier date shall, if the other conditions (if any) of the resolution are complied with, become a contributory employee on the expiration of the qualifying period. 6 Any transferred employee who is paying superannuation contributions immediately before the appointed day at a rate appropriate to a servant shall continue to contribute at the like rate so long as he is employed without a break of 12 months or more by the new employing authority in duties reasonably comparable to those in which he is engaged immediately before that day and has not, during any break, become an employee of some other local authority. 7 Where immediately before a transferred employee is transferred it is the prevailing practice of the authority employing him to exercise beneficially (that is to say, to secure the payment of gratuities, allowances or pensions, or of increased pensions or lump sum benefits) any discretionary power exercisable by them by virtue of any statutory provision relating to pensions, it shall be the duty of the Inner London Education Authority in relation to that transferred employee, if he has continued in their employment without a break of 12 months or more and has not, during any break, become an employee of some other local authority, to exercise that power (or any corresponding power under the statutory provisions relating to pensions for the time being in force) in a way which is not less beneficial than that practice; and section 35 of the Act shall apply to any question arising under this paragraph. 8 1 This paragraph shall, subject to sub-paragraph (4) thereof, apply to a transferred employee to whom there applied immediately before the appointed day section 16 (modifications applicable to female nursing, etc. staff) of the Act as originally enacted by virtue of an option to retain existing benefits under regulation 17 of the Local Government Superannuation (Benefits) Regulations 1954, or regulation 21 or 22 or regulation 23 of the said Regulations of 1954, save as provided in the next following sub-paragraph, so long as he continues in his new employment without any break in that employment. 2 Where a person's duties are changed and his new duties are such that he is not such a person as is mentioned in the said section 16 or in paragraph (1) of the said regulation 21, or, where the said regulation 23 applied to him immediately before the appointed day, such a person as is mentioned in that regulation, then — a if the change is made at his request, this paragraph shall cease to apply to him on the change taking effect; b if the change is made otherwise than at his request and within six months thereof he gives notice in writing to the local authority that he does not desire this paragraph to apply in his case, this paragraph shall cease to apply to him on his giving the said notice. 3 Without prejudice to the application of the provisions mentioned in sub-paragraph (1) of this paragraph to a person otherwise than by virtue of this paragraph, so long as this paragraph applies to a transferred employee any of the said provisions which applied to him immediately before the appointed day shall continue to apply in his case, notwithstanding that on or after the appointed day he ceases to be such a person as is mentioned in the said provision. 4 In relation to a person to whom the Manchester Superannuation (Benefits) Scheme 1955 applies, this paragraph shall have effect as if for any references to the said section 16, the said regulation 17 and the said regulation 23 there were substituted respectively references to section 47 of the Manchester Corporation Act 1946, and articles 25 and 23 of the said scheme. 9 Section 6(5) of the Act (which relates to the payment of superannuation contributions on the reduction or discontinuance of remuneration) shall apply to any transferred employee or other employee of a local authority who suffers reduction of remuneration which is attributable to anything done by or under this order as if in place of the reference in the said section to an employee suffering a reduction of remuneration owing to incapacity there were a reference to any employee suffering a reduction of remuneration in consequence of the provision of this order. Provided that the said section 6(5) shall so apply only so long as the employee continues without a break of 12 months or more in the employment in which he suffered the reduction of remuneration, whether in the same post or in some other post and has not, during any break, become an employee of some other local authority. 10 Where under section 6(5) of the Act as applied by paragraph 9 above an employee pays contributions as if his remuneration had not been reduced, he shall be deemed for the purposes of regulation 3(1) of the Local Government Superannuation (Benefits) Regulations 1954 or proviso (b) to section 8(5) of the Act to have received the remuneration which he would have received but for the reduction. 11 In calculating for the purposes of paragraph 9 or 10 whether, or the amount by which, an employee's remuneration has been reduced, no account shall be taken of any increase in his remuneration which is attributable to any temporary allowance granted in consequence of this order and otherwise than in the ordinary course of his employment. 12 Any agreement or trust deed made for the purposes of any scheme of superannuation by policies of insurance by an authority employing a transferred employee and having effect immediately prior to his transfer shall, so far as relates to that employee, have effect thereafter as if it had been made with the new employing authority; and any policies of insurance which are held for the purposes mentioned in this paragraph for the benefit of any transferred employee by the first-mentioned authority shall be held for the like purposes by the new employing authority.

The National Freight Corporation (Alteration of Pension Schemes) (No. 2) Order 1971 The Secretary of State for the Environment, in exercise of his powers under section 74 of the Transport Act 1962 as read with section 136 of the Transport Act 1968 and of all other enabling powers, hereby makes the following Order: — Commencement, citation and interpretation 1 1 This Order shall come into operation on the 31st January 1971, and may be cited as the National Freight Corporation (Alteration of Pension Schemes) (No. 2) Order 1971. 2 In this Order, unless the context otherwise requires — “ the Corporation ” means the National Freight Corporation ; “ funded scheme ” means a pension scheme (not being an insurance scheme) where the pensions are payable out of a fund held by any person for the purposes of the scheme ; “ insurance scheme ” means a pension scheme where the pensions are provided by means of contracts or policies made or effected with an insurance company carrying on life assurance business within the meaning of the Insurance Companies Act 1958 (including contracts or policies made or effected with such a company for the purpose of implementing any form of private superannuation fund) ; “ the Male Wages Grades Scheme ” means the pension scheme established by the British Transport Commission (Male Wages Grades Pensions) Regulations 1954 , as amended , (as that scheme now has effect subject to the provisions of any Order made under section 74 of the Transport Act 1962) ; “ the New Fund ” means the National Freight Corporation (Salaried Staff) Pension Fund which is a funded pension scheme established by the Corporation, with the consent of the Secretary of State, under the terms of an Interim Trust Deed executed by the Corporation and N.F.C. Trustees Limited on the 12th January 1971 ; “ the persons administering ”, in relation to a pension scheme, means the persons responsible for administering the scheme under the terms thereof, and includes the trustees (if any) of the scheme ; “ the service ” means whole time employment with the Corporation or with a subsidiary of the Corporation ; and “ term ”, in relation to a pension scheme to which this Order applies, includes any rule or provision of the scheme, or of any statutory provision relating to the scheme, or of any deed or other instrument made for the purposes of the scheme . 3 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. Application of Order 2 1 This Order shall apply to the New Fund, the Male Wages Grades Scheme and the other pension schemes mentioned in this Order. 2 A pension scheme to which this Order applies shall be construed and have effect as if the relevant provisions of this Order were terms of the scheme, any other term thereof, whether expressed or implied, to the contrary notwithstanding. Application of interavailability provisions to New Fund 3 The provisions of the British Transport Reorganisation (Pensions of Employees) (No. 1) Order 1964 (so far as applicable) and of Articles 3 and 4 of the British Transport (Pensions of Employees) (No. 1) Order 1969 (which relate to the interavailability of pension schemes in the publicly owned transport industry) shall on and after the 1st February 1971 apply in relation to the New Fund as if that fund were an established scheme as defined in Article 2 of the said (No. 1) Order of 1969. Alterations in the terms of the Male Wages Grades Scheme 4 1 This Article shall apply to the Male Wages Grades Scheme. 2 Any person in the service who is a member of the Male Wages Grades Scheme and who becomes a member of the New Fund on or after the 1st February 1971 shall, on becoming such a member, cease to be a member of the Male Wages Grades Scheme. 3 The terms of the Male Wages Grades Scheme which require persons to become members of Section B of that Scheme shall not apply to — a any person referred to in paragraph (2) of this Article, or b any other person who becomes a member of the New Fund on or after the 1st February 1971. 4 A person who becomes a member of the New Fund on or after the 1st February 1971 shall at all times after becoming a member thereof be ineligible for membership of either Section A or Section B of the Male Wages Grades Scheme. 5 Where a person ceases to be a member of the Male Wages Grades Scheme under the foregoing provisions of this Article, the New Fund shall be credited by the Corporation with a sum equal to the contributions paid by such person to the Male Wages Grades Scheme. 6 Where under the foregoing provisions of this Article a person who has a right of re-admission to the Male Wages Grades Scheme becomes ineligible for membership thereof, that right of re-admission shall terminate. Alterations in the terms of certain schemes for providing pensions and other benefits 5 1 This Article shall apply to the pension schemes listed in Schedule 1 to this Order. 2 A person who becomes a member of the New Fund on or after the 1st February 1971 shall, so long as he is a contributing member of the New Fund, be ineligible for membership of a pension scheme to which this Article applies. 3 Where a member of a pension scheme to which this Article applies becomes a member of the New Fund on or after the 1st February 1971, the following provisions shall have effect: — a upon the date of his admission to membership of the New Fund he shall cease to be a member of that pension scheme, his right to receive benefit from that scheme shall cease, and (except as hereinafter provided) his liability to pay contributions to that scheme (where the scheme is a contributory scheme) shall cease; and b as soon as may be after that date the persons administering that pension scheme shall pay to the New Fund an appropriate transfer value in respect of the accrued pension rights of that member in that scheme. 4 Where under the foregoing provisions of this Article a person who has a right of re-admission to a pension scheme to which this Article applies becomes ineligible for membership thereof, that right of re-admission shall not be exercisable so long as the ineligibility continues. Alterations in the terms of certain insurance schemes 6 1 This Article shall apply to the pension schemes listed in Schedule 2 to this Order. 2 Where a member of a pension scheme to which this Article applies becomes a member of the New Fund on or after the 1st February 1971, the following provisions shall have effect: — a upon the date of his admission to membership of the New Fund he shall (subject to this Order) cease to be liable to pay contributions to that scheme; and b as soon as may be after that date the Corporation shall make such arrangements as may be appropriate to secure to that member by means of insurance policies his accrued pension rights in that scheme. 3 Any such insurance policy as is referred to in paragraph (2) of this Article may provide that the policy may be surrendered, by or at the request of the member in whose favour it is issued, upon condition that the sum payable as consideration for the surrender is paid to the New Fund, but in all other respects every such insurance policy shall be non-assignable and non-commutable. Ascertainment of transfer values 7 1 Where under any of the foregoing provisions of this Order there falls to be paid in relation to a member of a pension scheme to which this Order applies a transfer value in respect of his accrued pension rights in that scheme, then — a if the scheme is a funded scheme, the amount to be paid shall be ascertained by first determining the portion of the funds of that scheme properly attributable to the accrued pension rights of that member in that scheme and then by deducting therefrom such sum as may be necessary to cover the cost actually incurred by the persons administering that scheme in making the apportionment and the payment and also an amount equal to any income tax which may then become payable by virtue of regulations made, or having effect as if made, under section 208 of the Income and Corporation Taxes Act 1970 b if the scheme is not a funded scheme, the amount to be paid shall be ascertained by first determining a sum representing the value of the accrued pension rights of that member in that scheme and then by deducting therefrom such sum as may be necessary to cover the cost actually incurred by the persons administering that scheme in making the determination and the payment. 2 Any payment of a transfer value under any provision of this Order may take the form of a transfer of securities, deposits or other assets, valued as at the date of the transfer, and any question whether a transfer value shall be paid in cash or in the form of such a transfer as aforesaid shall be determined in each case when the transfer value falls to be paid. Consequential provisions 8 1 Where under the foregoing provisions of this Order a person ceases to be a member of a pension scheme to which this Order applies and which is a contributory scheme, or otherwise ceases to be liable to pay contributions to that scheme, such cessation shall be without prejudice to the obligation of that person to pay any outstanding contributions to that scheme in respect of any period before such cessation and at the rate appropriate to that period, or to the right of his employer to deduct such contributions from his emoluments. 2 Where under the foregoing provisions of this Order a person cease to be a member of a pension scheme to which this Order applies, his rights to benefit from that scheme shall, except as otherwise provided in this Order, terminate with the cessation of his membership of that scheme. Determination of questions 9 Where under the foregoing provisions of this Order any matter or thing is to be determined in relation to a member of a pension scheme to which this Order applies who becomes a member of the New Fund, that matter or thing shall be determined by agreement between the persons administering that pension scheme on the one hand and the persons administering the New Fund on the other hand or, in default of such agreement, by the Secretary of State. Safeguarding of existing rights 10 No person who is a member of, or has a right of re-admission to, a pension scheme to which this Order applies (other than the New Fund) shall be required by a term of his employment in the service to become a member of the New Fund. Signed by authority of the Secretary of State 25th January 1971. John Peyton Minister for Transport Industries Department of the Environment SCHEDULE 1 SCHEMES FOR PROVIDING PENSIONS AND OTHER BENEFITS British Railways Superannuation Fund — L.N.E.R. Section G.W.R. Section S.R. Section L.M.S.R. Section New Section British Railways (Wages Grades) Pension Fund British Road Services (Male Wages Grades) Group Pension Fund Coast Lines Superannuation Fund Association — Divided Cooks Pension Fund Foremen & Staff Mutual Benefit Society — Divided Furness Withy Superannuation Scheme — Divided Hay's Wharf Companies Superannuation Fund — Section A Hay's Wharf Companies Superannuation Fund — Section B London Transport (Administrative & Supervisory) Staff Superannuation Fund National Freight Salaried Staff Pension Fund Railway Clearing System Superannuation Fund Superannuation Fund Association of Chaplins Ltd. Thos. Bantock & Co. Superannuation Fund Tillings Association Ltd. Endowment Fund. SCHEDULE 2 INSURANCE SCHEMES Colonial Mutual Life Assurance Society Ltd.: — Cowan & Co. Donaldson Wright Fisher Renwick Ltd. G.H. Atkins & Sons Harding Bros. Transport Ltd. Harold Wood & Sons Ltd. H.W. Hawker Ltd. Macks Hauliers P.X. Ltd. R. Keetch & Son Ltd. Robin Hood Transport Ltd. Robinson Transport (Beccles) Ltd. Swindon Transport Ltd. W. Wisely & Sons Ltd. Youngs Express Deliveries. Eagle Star Insurance Co. Ltd.: — Fairclough Staff Pension Scheme Scribbans Kemp Pension Scheme. Equity and Law Life Assurance Society Ltd.: — Morton's (Coventry) Ltd. Pension & Life Assurance Scheme Furness and Parker Ltd. Friends' Provident & Century Life Office: — Southern Roadways Ltd. Endowment. Legal & General Assurance Society Ltd.: — Castle Bros. (Hauliers) Ltd. Staff Assurance Scheme C. Scott's Road Services Ltd. Life Assurance Scheme S. J. Jeffrey Ltd. Staff Assurance Scheme. London Assurance Group: — Eagle Transport Co. Ltd. National Provident Institution: — N. Francis & Co. Ltd. Northern Assurance Co. Ltd.: — James Express Carriers Ltd. Norwich Union Life Insurance Society Ltd.: — Corringdon Ltd. Tartan Arrow Service Ltd. Pension Fund. Provident Mutual Life Assurance Association: — Hay's Wharf Cartage Co. Ltd., Pickfords Ltd. & Carter Paterson & Co. Ltd. and Associated Cartage Companies Pension Scheme Joseph Nall & Co. Ltd. Prudential Assurance Co. Ltd.: — J. Gerrard Transport Ltd. Scheme. Scottish Provident Institution: — Lawther & Harvey Ltd. Pension & Life Assurance Scheme. Scottish Widows' Fund & Life Assurance Society: — H. Viney & Co. Pension & Life Assurance Scheme. Sun Life Assurance Society Ltd.: — George Read (Transport) Ltd. R. J. Weeks & Co. Ltd. Staff Superannuation Scheme Springfield Carriers Ltd. Staff Superannuation Scheme The Tayforth Group Staff Pension Fund The Tayforth Group Operatives Pension Fund. Sun Life of Canada: — G. & B. Watson Northern Motor Utilities Pension Scheme W. A. Mitchell Road Transport.

Coal Industry Act 1971 Extension to 1974 of power to make grants to N.C.B. in respect of pit closures 1 1 The Secretary of State may with the consent of the Treasury make to the National Coal Board such grants as it appears to him will further assist in the re-deployment of the manpower resources of the Board and the elimination of uneconomic colliery capacity. 2 Grants made by the Secretary of State under this section shall be towards expenditure of the Board for any of the three years ending with 30th March 1974, being relevant expenditure as defined by section 3(3)(b) of the Act of 1965 (which comprises payments in respect of workers' redundancy, premature retirement or loss of prospects, and for housing, re-settlement, welfare etc.), but not including contributions in respect of increase in the cost of retirement benefits where those contributions are reimbursed by the Secretary of State under section 4 of the Act of 1967. 3 Grants so made shall not exceed in the aggregate £24 million; and they shall not in respect of any year exceed in the aggregate an amount equal to the following proportion of the Board's relevant expenditure (as so defined) for that year — a in the case of the year 1971-72, two-thirds ; b in the case of the year 1972-73, one half; c in the case of the year 1973-74, one third. 4 In this section " year" means a financial year of the Board; and the reference to expenditure for any year shall be construed in accordance with section 3(3)(d) of the Act of 1965 (by which expenditure in one year may be attributed to an earlier year insofar as the obligations giving rise to it were undertaken in the earlier year, special provision being made with respect to finance for the provision of housing) with the substitution in that paragraph of a reference to this section for the reference to section 3. Extension of power to make redundancy payment schemes 2 1 In section 3 of the Act of 1967 (which enables the Secretary of State to make schemes providing for payments to persons becoming redundant up to March 1971 on account of colliery closures), in subsection (1) — a for " 28th March 1971 " there shall be substituted " 31st March 1974 "; and b for the words from "after attaining the age of fifty five " to the end of the subsection there shall be substituted the words " in such circumstances as may be prescribed ". 2 Nothing in this section is to be taken as prejudicing the validity of any scheme made before the commencement of this Act under the said section 3. 3 So much of section 3(4) of the Act of 1967 as provides that a scheme under that section is not to be made unless a draft thereof has been laid before and approved by each House of Parliament shall not apply to the variation of a scheme made before the commencement of this Act, where the only effect of the variation is — a to apply the scheme to persons becoming redundant between 27th March 1971 and 26th March 1972 and otherwise falling within the classes prescribed for the purposes of the scheme ; and b to extend to 29th March 1975 the period during which benefit is payable under the scheme ; but a statutory instrument which, by virtue of this section, is not subject to the said section 3(4) shall be laid before Parliament after being made. Increase of limit of Board's accumulated deficit and power to alter it subsequently by order 3 1 The limit imposed by section 1(4) of the Act of 1965 on the amount of the accumulated deficit in the Board's revenue account at the end of any financial year of the Board, instead of being £50 million as provided by section 1(2) of the Act of 1967, shall be £75 million. 2 The Secretary of State may, with the approval of the Treasury, by order alter the amount of the limit either by increasing or reducing it, but not so as to make it exceed £100 million. 3 The power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument, but no such order shall be made unless a draft thereof has been laid before and approved by the House of Commons. Borrowing powers of the Board 4 1 Section 1 of the Act of 1965 (borrowing powers of the Board) shall be amended as follows — a in subsection (1) (temporary borrowing) and in subsection (2) (borrowing in the longer term), after the words " such sums " there shall be inserted the words " in sterling "; b after subsection (2) there shall be inserted the following subsection: — 2A The Board with the consent of the Secretary of State may, from such person and on such terms as he may with the approval of the Treasury specify, borrow in a currency other than sterling any sum which they have power to borrow in sterling from the Secretary of State ; and c in subsection (4), after the words " so borrowed) ", there shall be inserted the words " and sums borrowed temporarily under subsection (2A) ". 2 In section 27(4) of the Act of 1946 (power of Treasury to guarantee the repayment of sums borrowed by the Board, otherwise than from the Secretary of State, and payment of interest on such sums), for "section 1(1)" there shall be substituted " section 1 ". Power of Board to enter into agreements in connection with overseas aid 5 1 The Board shall have power — a with the consent of the Secretary of State to enter into and carry out agreements with the Minister of the Crown having functions in respect of overseas aid, being agreements whereunder the Board act, at the expense of that Minister, as the instrument by means of which technical assistance is furnished by him in exercise of the power conferred by section 1(1) of the Overseas Aid Act 1966; and b with the consent of the Secretary of State and the said Minister of the Crown, to enter into and carry out agreements whereunder the Board, for any purpose specified in the said section 1(1), furnish technical assistance in a country or territory outside the United Kingdom against re-imbursement to the Board of the cost of furnishing that assistance. 2 An order of the Secretary of State under the proviso to section 2(1) of the Act of 1949 (control of Board's activities outside Great Britain) shall not be required as authority for anything which the Board may do with consent under the foregoing subsection ; but before giving any consent thereunder in relation to any technical assistance proposed to be furnished, the Secretary of State or, as the case may be, he and the said Minister of the Crown shall take into account any alternative resources in the United Kingdom which may be available in that behalf. 3 References in this section to the Minister of the Crown having functions in respect of overseas aid are to the Secretary of State for the time being discharging the functions expressed by the Overseas Aid Act 1966 to be conferred on the Minister of Overseas Development. Power of Secretary of State to call for report of Board's diversified activities 6 1 The Secretary of State may from time to time direct the Board to carry out a review of, and report to him on, all activities (other than colliery activities within the meaning of the Act of 1946) of the Board and their subsidiaries, or such activities as may be specified in the direction; and he may by any such direction require them to include activities of companies in which the Board or any subsidiary of the Board has interests. 2 A report made by the Board to the Secretary of State in compliance with a direction under this section shall deal with any matters which they are directed to take into consideration and shall (subject to the terms of the direction) include particulars — a of the nature and extent of the activities in question and the assets and resources of the Board, or any subsidiary of the Board, which are applied to carrying them on; b of the companies (whether or not subsidiaries of the Board) in which the Board or their subsidiaries have interests and which are engaged in such activities, and the extent to which they are so engaged; c of the advantages (if any) and financial consequences which are foreseen as resulting from continuance of the activities and from the continued participation therein by the Board or their subsidiaries and the Board's proposals (if any) for securing the extension, restriction or discontinuance of the activities, or for altering the way in which they are carried on. 3 A report by the Board under this section shall be submitted to the Secretary of State within twelve months of his relevant direction, or such shorter period as he may specify. Further power of Secretary of State to give directions to the Board 7 1 The Secretary of State may direct the Board to discontinue or restrict any of their activities, dispose of any part of their undertaking, dispose of any assets held by them, call in any loan made by them or exercise any power they may possess to revoke any guarantees given by them ; Provided that the Secretary of State shall not give any such directions unless he is satisfied that the carrying on of the activities, or the retention of the part of the undertaking or the assets or the continuance of the loan or guarantee, as the case may be, is unnecessary for the proper discharge of the duties of the Board or, in the case of a direction to the Board to restrict any activities, that any extension of them is unnecessary as aforesaid. 2 The Secretary of State may direct the Board to exercise their control over a subsidiary of theirs so as to require the subsidiary to discontinue or restrict any of its activities, dispose of any part of its undertaking, dispose of any assets held by it, call in any loan made by it or exercise any power it may possess to revoke any guarantees it has given. 3 The Secretary of State may direct the Board to take specified steps, in respect of any activities of the Board or a subsidiary of the Board, with a view to altering the way in which those activities are organised: Provided that the Secretary of State shall not give any such direction unless he is satisfied that the taking of the steps in question will not prejudice the proper discharge by the Board of their duties. 4 References in the foregoing provisions of this section to activities of the Board or any subsidiary of the Board do not include references to colliery activities within the meaning of the Act of 1946. 5 The Secretary of State shall not give a direction to the Board under subsection (1), (2) or (3) of this section except after consultation with the Board. 6 A direction by the Secretary of State to the Board under subsection (1) or (2) of this section shall be given by order made by statutory instrument, of which a draft shall be laid before Parliament. 7 Section 3(4) of the Act of 1946 (which requires the Board to afford to the Secretary of State facilities for obtaining information with respect to their property and activities) shall apply in relation to property and activities of the Board's subsidiaries as it applies in relation to property and activities of the Board. 8 Nothing in this section prejudices the power of the Secretary of State under section 3 of the Act of 1946 to give to the Board directions of a general character. Further provision as to annual accounts of the Board 8 1 If the Secretary of State so directs in respect of any financial year of the Board, the Board's statement of accounts prepared by them under section 31(1) of the Act of 1946 shall be supplemented by consolidated accounts, in such form as may be specified in the direction, showing the state of affairs and profit and loss of the Board and such of its subsidiaries as are so specified. 2 The Secretary of State may from time to time direct the Board to prepare statements of accounts, in such form as he may direct, showing the state of affairs and profit and loss of the Board's subsidiaries or such of them as are specified in the direction, including (if the Secretary of State so requires) consolidated accounts for any two or more specified subsidiaries; and section 31(2) to (4) of the Act of 1946 (which relate to the auditing of accounts and require accounts to be submitted to the Secretary of State and laid before Parliament) shall apply to accounts prepared in pursuance of a direction under this subsection as they apply to other accounts of the Board. Financial provisions 9 1 There shall be paid out of moneys provided by Parliament — a any sums required for the making of grants to the Board under section 1 of this Act; and b any increase attributable to section 2 of this Act in the moneys falling to be so paid under the Act of 1967. 2 There shall be charged on and issued out of the Consolidated Fund any increase attributable to this Act in the sums required by the Treasury for fulfilling guarantees given under section 27 of the Act of 1946, as respects the repayment of, and the payment of interest on, any sum borrowed by the Board (otherwise than from the Secretary of State) under section 1 of the Act of 1965 ; and there shall be paid into that Fund any increase so attributable in the sums payable by the Treasury into the Fund under the said section 27. Citation, interpretation and extent 10 1 This Act may be cited as the Coal Industry Act 1971. 2 The Coal Industry Acts 1946 to 1966, the Act of 1967 and this Act may be cited together as the Coal Industry Acts 1946 to 1971. 3 In this Act — " the Act of 1946 " means the Coal Industry Nationalisation Act 1946; " the Act of 1949 " means the Coal Industry Act 1949 ; " the Act of 1965 " means the Coal Industry Act 1965 ; " the Act of 1967 " means the Coal Industry Act 1967 ; " the Board " means the National Coal Board ; and " subsidiary " shall be construed in accordance with section 154 of the Companies Act 1948. 4 This Act does not extend to Northern Ireland.

The Sea Fisheries (Isle of Man) Order 1971 At the Court at Buckingham Palace, the 27th day of October 1971 Present, The Queen's Most Excellent Majesty in Council Her Majesty, in exercise of the powers conferred upon Her by section 21(1)(a) of the Sea Fisheries Act 1968, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 1 This Order may be cited as the Sea Fisheries (Isle of Man) Order 1971 and shall come into operation on 15th November 1971. 2 The Interpretation Act 1889 shall apply for the purpose of the interpretation of this Order as it applies for the purpose of the interpretation of an Act of Parliament. 2 The provisions of sections 5 to 14, 17, 19, 22 and 23 of the Sea Fisheries Act 1968, and Part II of Schedule 1 and Part II of Schedule 2 to that Act, shall extend to the Isle of Man subject to the exceptions, adaptions and modifications specified in the Schedule to this Order. W. G. Agnew SCHEDULE EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF CERTAIN PROVISIONS OF THE SEA FISHERIES ACT 1968 TO THE ISLE OF MAN 1 In section 6(4) after the word “Ministers” there shall be inserted the words “whether before or after the coming into operation of the Sea Fisheries (Isle of Man) Order 1971” . 2 In section 6(5) the words from “and (c)” to the end of the subsection shall be omitted. 3 In section 7(4) after the word “Ministers” there shall be inserted the words “whether before or after the coming into operation of the Sea Fisheries (Isle of Man) Order 1971” . 4 At the end of section 7(5) there shall be added the following paragraph: — d and, in relation to the Isle of Man, the Isle of Man Board of Agriculture and Fisheries. . 5 For section 12 there shall be substituted the following section: — 12 Where a fine is imposed by a court of summary jurisdiction in the Isle of Man on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the court of an offence under section 5, 6 or 10 of this Act, the court may — a order that payment of the fine shall be enforced by the coroner against the boat and its gear and catch and any property of the person convicted in the same way as if the order imposing the fine had been an execution granted against such person by a Judge of the Common Law Division of the High Court of Justice of the Isle of Man, and such order shall have the same force and effect as such execution has; and b if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any order under paragraph (a) above, whichever occurs first. . 6 In section 13(1) the words “in England and Wales or Northern Ireland” shall be omitted. 7 Section 13(2) shall be omitted. 8 In section 13(3) for the words “by a magistrates' court or sheriff” there shall be substituted the words “a court of summary jurisdiction” . 9 In section 14 after the words “United Kingdom” there shall be added the words “or in the Isle of Man” . 10 For section 17 there shall be substituted the following section: — 17 Fishing boats or fishing gear lost or abandoned at sea and either — a found or taken possession of within the territorial waters of the Isle of Man; or b found or taken possession of beyond these waters and brought within those waters; shall be treated as wreck for the purposes of the Shipping Casualties Act 1894 (an Act of Tynwald). . 11 In section 19(1), in the definition of “British fishing boat” after the words “United Kingdom” there shall be inserted the words “,in the Isle of Man or any of the Channel Islands” and for the definition of “enactment” there shall be substituted the following definition: — “ enactment ” includes an Act of Tynwald ; . 12 Section 19(2) shall be omitted. 13 Section 23(2) and (3) shall be omitted. 14 In Part II of Schedule 2 the entries relating to the following enactments shall be omitted, namely the Sea Fisheries (Scotland) Amendment Act 1885 and the Illegal Trawling (Scotland) Act 1934.

The Wireless Telegraphy (Control of Interference from Radio-Frequency Heating Apparatus) Regulations 1971 The Minister of Posts and Telecommunications, in the exercise of his powers under section 10 of the Wireless Telegraphy Act 1949, by the said section as extended to the Channel Islands by the Wireless Telegraphy (Channel Islands) Order 1952 and by the said section as extended to the Isle of Man by the Wireless Telegraphy (Isle of Man) Order 1952 , and of every other power enabling him in that behalf, hereby makes the following Regulations: — Citation and Commencement 1 These Regulations may be cited as the Wireless Telegraphy (Control of Interference from Radio-Frequency Heating Apparatus) Regulations 1971. and shall come into operation on 21st October 1972. Interpretation 2 1 In these Regulations, except so far as the contrary is provided or the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them: “ the Act ” means the Wireless Telegraphy Act 1949 ; “ the British Islands ” means the area comprised by the United Kingdom, the Channel Islands, and the Isle of Man ; “ radio-frequency heating apparatus ” means apparatus, not being electro-medical apparatus, scientific apparatus, or arc-welding apparatus, which is designed to produce a heating effect by the use of radio-frequency energy and which, or any part of which, generates or is liable to generate electro-magnetic energy at frequencies of three million megahertz or less when it is in operation, and includes any switchgear or controlling apparatus forming part of or directly associated with that apparatus and any induction cables, attachment, electrodes and connecting leads used or designed to be used with that apparatus ; “ kilohertz ” has the same meaning as kilocycles per second, i.e. one thousand cycles per second ; “ megahertz ” has the same meaning as megacycles per second, i.e. one million cycles per second ; “ electric supply lines ” means electric lines for transmitting electric power to a radio-frequency heating apparatus : “ terminal voltage ” means the radio-frequency voltage present between each electric supply line terminal of a radio-frequency heating apparatus and the screening of the measuring apparatus referred to in Regulation 5 ; expressions used in Schedule 2 have the meanings respectively assigned to them in Part 1 of Schedule 2; and other expressions have the same meaning as they have in the Act. 2 The Interpretation Act 1889applies for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament. Requirements 3 When any radio-frequency heating apparatus is used in the British Islands on or after the 21st October 1972 it shall comply with the following requirements for the purposes of section 10 of the Act: a the field strength of electro-magnetic energy radiated in any direction from the apparatus, as measured and computed in accordance with Regulation 5 shall not exceed the limits specified in columns 1 and 2 of Schedule 1 at any frequency within the range from 150 kilohertz to 1000 megahertz, but if the apparatus causes undue interference with any wireless telegraphy used for the purposes of any safety of life service or for any purpose on which the safety of any person or of any vessel, aircraft or vehicle may depend, the limits specified in columns 1 and 4 of Schedule 1 shall apply, and b the terminal voltage, as measured and computed in accordance with Regulation 5 shall not exceed the limits specified in columns 1 and 3 of Schedule 1 at any frequency within the range from 150 kilohertz to 30 megahertz but if the apparatus causes undue interference with any wireless telegraphy used for the purposes of any safety of life service, or for any purpose on which the safety of any person or of any vessel, aircraft or vehicle may depend, the limits specified in columns 1 and 5 of Schedule 1 shall apply. 4 Any radio-frequency heating apparatus which obtains its electric power from any supply to which dwelling houses are not also directly connected is exempt from the provisions of Schedule 1 Columns 3 and 5 Field strength and terminal voltage measurement 5 1 For the purpose of measuring and computing the field strength of the electro-magnetic energy and the terminal voltage at frequencies exceeding 150 kilohertz but not exceeding 1000 megahertz the radio-frequency heating apparatus shall be tested by means of measuring apparatus of the description and having the physical and electrical characteristics and performance set out in British Standard 727 : 1967, Section 1, Pages 9–13. 2 The tests for field strength shall be made by the method and under the conditions set out in Part 2 of Schedule 2 and the tests for terminal voltage shall be made by the method and under the conditions set out in Part 3 of Schedule 2. 3 The said field strength and terminal voltage shall be computed as provided in Parts 2 and 3 of Schedule 2 from the readings afforded by the measuring apparatus while the radio-frequency heating apparatus is operating. Christopher Chataway Minister of Posts & Telecommunications Dated 14th October 1971 SCHEDULE 1 Regulations 3 and 4 The limits of field strength and terminal voltage shall be as follows: Col. 1 Col. 2 Col. 3 Col. 4 Col. 5 Frequency Range in MHz Maximum radiated field strength in microvolts per metre Maximum terminal voltage in microvolts per metre For protection of safety of life services Exceeding Not Exceeding     Maximum radiated field strength in microvolts per metre Maximum terminal voltage in microvolts 13·533 13·553 300,000 5,000,000     13·553 13·567 unlimited unlimited     13·567 13·587 300,000 5,000,000     26·957 27·283 unlimited unlimited     83·996 84·004 3,000,000       167·992 168·008 3,000,000       886 906 1,000,000 For all other frequencies in the ranges specified below, the limits of field strength and terminal voltage shall be as follows: Col. 1 Col. 2 Col. 3 Col. 4 Col. 5 0·15 0·2 50 3,000 15 1,000 0·2 0·285 50 2,000 15 650 0·285 0·49 250 2,000 80 650 0·49 0·5 50 2,000 15 650 0·5 1·605 50 1,000 15 350 1·605 3·95 250 1,000 80 350 3·95 30·00 50 1,000 15 350 30·00 470·00 30   10   470·00 1,000·00 100   35 SCHEDULE 2 Regulation 5 PART 1 Definition of expressions used in the Schedule Voltage and e.m.f. References to the voltage or e.m.f. of a sinewave are references to its effective or root mean square value. Decibel (abbreviated dB) A unit of transmission giving the ratio of two powers. If P 1 and P 2 represent two values of power, and n the number of decibels representing their ratio: n = 10 ⁢ log 10 ( P 1 P 2 ) If the two powers are dissipated in equal resistive impedances, their ratio in decibels may be expressed by: n = 20 ⁢ log 10 ( V 1 V 2 ) V 1 , V 2 are the voltages across the two resistive impedances. Terminal voltage calibration constant The number of decibels that must be added to the reading of the measuring apparatus, when a measurement of terminal voltage is made as prescribed, to give the terminal voltage in decibels above 1 microvolt. Field strength calibration constant The number of decibels that must be added to the reading of the measuring apparatus, when a measurement of field-strength is made as prescribed, to give the value of field-strength in decibels above 1 microvolt per metre. PART 2 Method and conditions of measuring field-strength General 1 Where a radio-frequency heating apparatus is being tested for the purpose of this regulation it shall so far as is consistent with the following provisions of this Part of this Schedule, be tested under its normal conditions of installation. Attachments and load 2 The radio-frequency heating apparatus must be tested in complete working form with its work circuit connected. The load employed for the test shall be similar to that which was being treated at the time of the alleged interference, and the electrodes and cables shall be disposed in the manner of their normal use. Other electrical apparatus to be disconnected 3 All other electrical apparatus which is installed in proximity to the radio-frequency heating apparatus, and which in operation could appreciably affect the result of the test, shall be switched off or otherwise prevented from being energised by complete or partial electrical disconnection. Conditions for measurement 4 The measuring set receiver shall be connected with an appropriate source of electric power. The receiver shall be tuned to the frequency, as indicated by the tuning dial calibrations, at which it is desired to test, and its gain shall be set, in accordance with the relevant instruction manual, to that used when the measuring set was calibrated. Input connexion of measuring apparatus, and distance and height of aerial 5 1 The receiver shall be connected to the aerial mentioned in British Standard 727 : 1967 clause 11.1.2, page 13 or the aerial and feeder mentioned in British Standard 727 : 1967 clause 11.2.1 page 13 (as the case may be). 2 The distance between the aerial of the measuring apparatus and the nearest point on the boundary of the premises in which the radio-frequency heating apparatus is installed shall not be greater than 100 metres for measurement in the frequency range 0.15 megahertz up to and including 30 megahertz, and 30 metres for higher frequencies up to and including 1000 megahertz. 3 For the frequency range 0–15 megahertz up to and including 30 megahertz the aerial shall be supported in a vertical plane and be rotatable about a vertical axis. The lowest point of the loop shall be 1 metre above the ground. 4 For higher frequencies up to and including 1000 megahertz the centre of the aerial shall be supported at a height of not less than 2.8 metres and not more than 3.2 metres above the ground. Measurements shall be made in each case with the measuring aerial horizontal and vertical. When the aerial is used in the horizontal plane it shall be orientated in that plane for maximum output on the measuring set. Adjustment of radio-frequency heating apparatus 6 For the purpose of the main test in paragraph 8 of this Part of this Schedule the radio-frequency heating apparatus shall be switched on, and adjusted to deliver its rated output power into the work load. Making the measurement 7 1 The measuring receiver shall be adjusted and operated in accordance with the relevant instruction manual. The field-strength shall be observed over the whole of the work cycle of the radio-frequency heating apparatus and the highest value, subject to the provisions of paragraph 9 of this Part of this Schedule, shall be taken. 2 The frequency at which a test is being made shall be measured by means of a frequency meter incorporating a crystal controlled frequency standard having an inherent error of measurement not greater than one part in one hundred thousand. The frequency shall be measured over the load range from the lowest power normally used to maximum power. Tests 8 A set of tests shall be made in each case as follows: a A check test while the radio-frequency heating apparatus is not operating; b A main test; c A further check test as mentioned in (a). 9 If a click (as opposed to a buzz of appreciable duration) is heard in the monitoring loudspeaker or earphones at any time when any switchgear or controlling apparatus of the radio-frequency heating apparatus is operating, then provided that not more than one further click is heard during the period of two seconds immediately following the first, the readings of the measuring apparatus appearing within that period of two seconds shall be disregarded for the purpose of these Regulations. Interpretation of results 10 The field-strength expressed in decibels above 1 microvolt per metre will be given by the sum of: ( a ) the reading(s) of the attenuator(s), ( b ) the field-strength calibration constant (if any) appropriate to the frequency at which the measurement is being made, and ( c ) the reading of the indicating meter of the valve-voltmeter, if calibrated in decibels. If the result obtained is x decibels, the field strength expressed in microvolts per metre is given by the antilog to the base 10 of x/20 11 If the maximum reading obtained on any main test exceeds the maximum reading obtained on either of the check tests made next before or next after that main test by at least 10 dB, the readings obtained on that main test are to be regarded as not materially affected by extraneous noise or signals. Otherwise the readings obtained on that main test are to be regarded as materially affected by extraneous noise or signals, and the results of that main test shall be disregarded for the purpose of these Regulations. PART 3 Method and conditions of measuring terminal voltage General 1 1 Where a radio-frequency heating apparatus is being tested for the purpose of this regulation, it shall be connected with an appropriate source of electric power. 2 The radio-frequency heating apparatus shall be tested under its normal conditions of installation with a work load similar to that being treated at the time of the complaint. 3 The measurement of terminal voltage shall be made at any convenient point within the boundaries of the user's premises but as near to the boundary as practicable. Connexions to be made to the electric supply line terminals of the radio-frequency heating apparatus and the input terminals of the measuring set 2 The following connexions shall be made: The electric supply line terminal of the radio-frequency heating apparatus which is the terminal being tested shall be connected through the isolation capacitor C and the 1450 ohm resistor shown in Fig. 1. An inductor L shall be connected between the input terminal of the measuring set and the screening of the measuring set. The impedance of the capacitor C at the frequency of measurement shall be less than 10 ohms. The impedance of the inductor L at the frequency of measurement shall be greater than 1000 ohms. Tests 3 A set of tests as mentioned in sub-paragraphs (a), (b) and (c) of paragraph 8 of Part 2 of this Schedule shall be made in each case with the receiver of the testing apparatus connected with one of the electric supply line terminals of the radio-frequency heating apparatus and another set or other sets of tests as mentioned in those sub-paragraphs shall be made with the receiver of the testing apparatus connected with the other or each of the others of such terminals. 4 Paragraph 9 of Part 2 of this Schedule shall apply. Interpretation of results 5 The terminal voltage, expressed in decibels above 1 microvolt, will be given by the sum of: ( a ) the reading(s) of the attenuator(s), ( b ) the terminal voltage calibration constant (if any) appropriate to the frequency at which the measurement is being made, ( c ) the reading of the indicating meter of the valve-voltmeter, if calibrated in decibels and ( d ) 30 decibels to take into account the loss in the measuring circuit shown in Fig. 1. If the result obtained is x decibels, the voltage expressed in microvolts is given by the antilog to the base 10 of x/20. 6 Paragraph 11 of Part 2 of this Schedule shall apply.

Mineral Workings (Offshore Installations) Act 1971 Application of Act 1 1 This Act shall apply to the underwater exploitation and underwater exploration of mineral resources — a in or under the shore or bed of waters to which this Act applies, other than inland waters, and b in or under the bed of such inland waters as may for the time being be specified for the purposes of this paragraph by Order in Council. 2 In this Act — a " waters to which this Act applies " means the waters in or adjacent to the United Kingdom up to the seaward limits of territorial waters, and the waters in any designated area within the meaning of the Continental Shelf Act 1964, b " inland waters " means waters within the United Kingdom, other than estuaries and tidal rivers. 3 For purposes of this Act " underwater exploitation " or " underwater exploration" means exploitation or exploration from or by means of any floating or other installation which is maintained in the water, or on the foreshore or other land intermittently covered with water, and is not connected with dry land by a permanent structure providing access at all times and for all purposes; and, subject to the provisions of section 12 of this Act, in this Act — a " exploration " means exploration with a view to exploitation ; and b " offshore installation " means any installation which is maintained, or is intended to be established, for underwater exploitation or exploration to which this Act applies. 4 The power of making Orders in Council under this section shall include power to vary or revoke any Order in Council made under this section. Registration of offshore installations 2 1 The Secretary of State may make regulations for the registration of offshore installations. 2 Regulations under this section may make provision — a for all matters relevant to the maintenance of a register of offshore installations, b without prejudice to paragraph (a) above, for the cases in which an installation is to be or may be exempted from registration, for the period for which any registration of exemption is to remain effective without renewal, the alteration or cancellation in any prescribed circumstances of registration or exemptions or of any conditions attached thereto, the persons by whom and manner in which applications in connection with any registration or exemption are to be made, and the information and evidence to be furnished in connection with any such application, c for the marking or other means of identification of any installation, whether registerable or exempted from registration, d for the issue of certificates of registration or exemption, and the custody, surrender, production or display of the certificates or copies of them, e for requiring the payment of fees in connection with the making of applications under the regulations, the issue of certificates or other matters, f for matters arising out of the termination of any registration or exemption, or any conditions attached thereto, g for any other incidental matters. Construction and survey regulations for offshore installations 3 1 The Secretary of State may make regulations — a requiring offshore installations or parts of offshore installations to be certified by such persons and in such manner as may be provided by the regulations to be, in respect of such matters affecting safety as may be so provided, fit for the purpose or purposes specified by the regulations, b imposing requirements as to the survey, testing and inspection of installations or parts of installations in respect of matters covered or required to be covered by a certificate of fitness, c imposing any prohibition or restriction as respects installations or parts of installations which, in any respect, fail to comply with any provisions of the regulations. 2 Regulations under this section may make provision — a for the issue of certificates of fitness, and the custody, surrender, production or display of the certificates or copies of them, b for requiring the payment of fees in connection with the making of applications under the regulations, the carrying out of surveys or tests, the issue of certificates or other matters, c for matters arising out of the termination or modification of any certificate of fitness, d for any other incidental matters. 3 The regulations may provide for exempting, or authorising the Secretary of State to exempt, any installation or part of an installation from all or any of the provisions of the regulations, either in a particular case, or in a specified class or description of cases. 4 It shall be the duty of the owner of the offshore installation, and of the installation manager and of the concession owner, to ensure that the provisions of regulations under this section are complied with, and, if regulations under this section are contravened in any respect in relation to an offshore installation when it is within waters to which this Act applies, the owner of the offshore installation, the installation manager and the concession owner shall each be guilty of an offence under this section, and shall be liable — a on summary conviction to a fine not exceeding £400, b on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine, or both. Masters of offshore installations 4 1 Every offshore installation, so long as it is in waters to which this Act applies, shall be under the charge of a person appointed to be or act as manager of the installation, and the owner of the installation shall appoint to be installation manager — a a person who, to the best of the knowledge and belief of the owner, has the skills and competence suitable for the appointment, and b another or others to act where necessary in place of the installation manager, and shall inform the Secretary of State of any appointment under this subsection by giving notice in the prescribed form and containing the prescribed particulars. 2 The Secretary of State may, if he thinks fit, make regulations prescribing requirements to be fulfilled as respects an installation manager appointed under paragraph (a) or paragraph (b) of subsection (1) above, including requirements as to qualifications, experience, health or age; and the regulations may make different provision for managers of different types of installations or managers whose responsibilities differ in other respects, and different provision for managers appointed under the said paragraphs (a) and (b) respectively. 3 The owner may, under subsection (1)(a) above, appoint two or more persons to be managers in rotation, and the persons appointed under subsection (1)(b) above shall act where necessary in place of any of them. 4 If at any time the owner is satisfied that an installation manager appointed in pursuance of subsection (1) above does not have the requisite skills and competence, he shall terminate the appointment as soon as practicable, and shall give the Secretary of State notice in the prescribed form of the action taken by him. 5 It shall be the duty of the owner, in order to ensure that an installation manager appointed under subsection (1)(a) above is on the installation when it is manned, from time to time to place a person so appointed on the installation, and to ensure that he remains there until relieved, or so long as it is manned. 6 If the owner fails to comply, or to ensure compliance with the provisions of this section, he shall be guilty of an offence under this section, and liable on summary conviction to a fine not exceeding £400. 7 The operation of this section may be excluded in whole or in part in relation to any class or description of installation by regulations under this Act, or in relation to any particular installation by directions of the Secretary of State given in such manner and to such persons as he thinks appropriate. 8 In this Act references to the manager of an offshore installation or to an installation manager are to be taken, except in so far as the context otherwise requires, as references to the person for the time being in charge of the installation and appointed as required by paragraph (a) or (b) of subsection (1) above. Masters of offshore installations: further provisions 5 1 The manager of an offshore installation shall not be absent from the installation at any time when it is manned, except in case of sudden sickness or other cause beyond his control, or for other sufficient reason, and a person failing to comply with this subsection shall be guilty of an offence under this section, and liable on summary conviction to a fine not exceeding £400. 2 Except as otherwise provided by this Act, the manager of an installation shall have in relation to it general responsibility for matters affecting safety, health or welfare or, where connected with safety, health or welfare, the maintenance of order and discipline, and for the discharge of that responsibility shall exercise authority over all persons in or about the installation: Provided that this subsection shall not extend to any matters for which another person is responsible as master, captain or person in charge of any vessel, aircraft or hovercraft. 3 If a person subject to the authority of the manager of an offshore installation wilfully disobeys a lawful command given him by the manager in exercise of that authority, he shall be liable on summary conviction to a fine not exceeding £50. 4 The manager of an offshore installation shall not permit the installation to be used in any manner, or permit any operation to be carried out on or from the installation, if the seaworthiness or stability of the installation is likely to be endangered by its use in that manner, or by the carrying out of that operation or by its being carried out in the manner proposed, and it shall be the duty of the owner of the installation to ensure that the provisions of this subsection are complied with by the installation manager. If an installation manager or owner fails to comply, or ensure compliance, with this subsection he shall be guilty of an offence under this section, and liable — a on summary conviction, to a fine not exceeding £400, b on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine, or both. 5 Where at an offshore installation there is an emergency or apprehended emergency endangering the seaworthiness or stability of the installation or otherwise involving a risk of death or serious personal injury, the installation manager may take or require to be taken any such measures as are necessary or expedient to meet or avoid the emergency ; and no regulation or condition having effect by virtue of this Act shall apply to prohibit or restrict the taking of any such measures by virtue of this subsection. 6 If the installation manager has reasonable cause to believe that it is necessary or expedient for the purpose of securing the safety of an offshore installation or persons in or about it, or maintaining order and discipline among those persons, the installation manager may cause any of those persons to be put ashore in the United Kingdom ; and where any of those persons has done or is about to do any act endangering or likely to endanger the safety of the installation or persons in or about it or the maintenance of order and discipline among those persons, or the installation manager with reasonable cause suspects him of having done or being about to do any such act, the installation manager may take or cause to be taken such other reasonable measures against him, by restraint of his person or otherwise, as the installation manager thinks necessary or expedient: Provided that this subsection shall not extend to any matters for which another person is responsible as master, captain or person in charge of any vessel, aircraft or hovercraft. 7 A person shall not be kept under restraint by virtue of subsection (6) above for longer than twenty-four hours unless — a the intention is that he shall be put ashore in the United Kingdom in accordance with that subsection at the earliest opportunity ; and b within those twenty-four hours or as soon as practicable afterwards notice of his being kept under restraint and of the reason for it is sent to the prescribed authority in the United Kingdom. 8 The manager of an offshore installation shall notify the owner as soon as practicable of any event which occurs at the installation and which the owner is by any regulation or condition having effect by virtue of this Act required to notify to the Secretary of State. If a person fails to comply with the provisions of this subsection he shall be guilty of an offence under this section, and liable on summary conviction to a fine not exceeding £100. 9 The operation of this section may be excluded in whole or in part in relation to any class or description of installation by regulations under this Act, or in relation to any particular installation by directions of the Secretary of State given in such manner and to such persons as he thinks appropriate. Safety regulations 6 1 The Secretary of State may make regulations for the safety, health and welfare of persons on Offshore installations in waters to which this Act applies, and generally, and whether or not by way of supplementing the preceding sections of this Act, for the safety of such installations and the prevention of accidents on or near them. 2 The regulations may have effect as respects — a persons whether or not present in the course of their employment, b the transport of persons and things to or from an installation, c vessels, aircraft or hovercraft in the neighbourhood of an installation, and d any operation or work whether oh or near an installation, or in the water, or on or below the shore or bed of the sea or other waters. 3 Without prejudice to the generality of the preceding provisions of this section, the regulations may provide for any of the matters set out in the Schedule to this Act, and may contain such supplemental or incidental provisions as appear to the Secretary of State to be expedient. 4 The Secretary of State may appoint as inspectors to discharge the functions conferred by the regulations, and generally to assist the Secretary of State in the execution of this Act, such number of persons appearing to him to be qualified for the purpose as he may from time to time consider necessary or expedient, and may make to or in respect of any person so appointed such payments by way of remuneration, allowance or other payments as the Secretary of State may with the approval of the Minister for the Civil Service determine. Regulations: general provisions 7 1 Before making regulations under this Act the Secretary of State shall consult with organisations in the United Kingdom appearing to him to be representative of those persons who will be affected by the regulations. 2 Subject to subsection (3) below, regulations under this Act — a may provide for the creation of offences and for their punishment on summary conviction or on conviction on indictment, and b may afford, in respect of any description of offence created by the regulations, such defence, if any, as may be specified in the regulations. 3 The punishment for an offence created by regulations under this Act shall be — a on summary conviction a fine not exceeding £400, b on conviction on indictment imprisonment for a term not exceeding two years, or a fine, or both, but without prejudice to any further restriction on the punishments which can be awarded contained in the regulations, and without prejudice to the exclusion of proceedings on indictment by the regulations. 4 The operation of any regulations made under this Act may be excluded in whole or in part in relation to any class or description of installation by the regulations, or in relation to any particular installation by directions of the Secretary of State given in such manner and to such persons as he thinks appropriate. 5 Any exemption or exclusion by regulations under this Act, or by directions of the Secretary of State under this Act, may be made subject to the imposition of conditions specified by the regulations or directions. 6 Where in pursuance of this section a person is exempted or excluded from the requirements of any provision of this Act, or of regulations under this Act, but subject to a condition, and the condition is not observed, the exemption or exclusion shall not have effect, and proceedings may be brought in respect of any breach of duty as if the exemption or exclusion had not had effect. 7 Regulations made under this Act may make different provision for different circumstances, and in particular — a may make provision as respects installations which are registered vessels which is different from that made for other installations, and b may make provision for installations in transit which is different from provision made for installations on station. 8 Regulations made under this Act shall be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. Application of existing law to offshore installations in territorial waters and designated areas 8 1 Section 3 of the Continental Shelf Act 1964 (application of criminal and civil law to installations outside territorial waters) shall have effect as if any references in that section to an installation in a designated area included references to any offshore installation either in territorial waters of the United Kingdom or in a designated area. 2 So far as relates to questions arising out of acts or omissions taking place on, under or above — a an offshore installation in territorial waters of the United Kingdom, or b territorial waters of the United Kingdom within five hundred metres of an offshore installation, subsection (2) of the said section 3 (power to confer jurisdiction on courts in any part of the United Kingdom) shall apply as if the words " in a designated area, or in any part of such an area " were omitted. 3 It is hereby declared that, notwithstanding that the said section 3 may affect individuals or bodies corporate outside the United Kingdom, it applies to any individual whether or not he is a British subject, and to any body corporate whether or not incorporated under the law of any part of the United Kingdom. 4 So far as relates to any provision of an Order in Council or regulation concerning aircraft on or in the neighbourhood of offshore installations, section 59 of the Civil Aviation Act 1949 (extra-territorial effect) shall apply to ail aircraft, and not only to British aircraft registered in the United Kingdom and shall apply to the doing of anything in relation to any aircraft by any person, irrespective of nationality or, in the case of a body corporate, of the law under which it was incorporated. 5 This section, and the said section 3 of the Continental Shelf Act 1964, shall apply to installations notwithstanding that they are for the time being in transit. Offences: general provisions 9 1 Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. In this subsection " director ", in relation to a body corporate established by or under any enactment for the purpose of carrying on under public ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate. 2 In proceedings for an offence under this Act an averment in any process of the fact that anything was done or situated within waters to which this Act applies shall, until the contrary is proved, be sufficient evidence of that fact as stated in the averment. 3 In proceedings for an offence under section 3, section 4 or section 5 of this Act, it shall be a defence for the accused to prove — a that he has used all due diligence to enforce the execution of this Act, and of any relevant regulation made under this Act, and b that any relevant contravention was committed without his consent, connivance or wilful default. 4 Proceedings for any offence under this Act may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom. 5 A constable shall on any offshore installation in waters to which this Act applies have all the powers, protection and privileges which he has in the area for which he acts as constable. This subsection is without prejudice to any other enactment or rule of law affording any power, protection or privilege to constables. Prosecutions 10 1 Subject to the provisions of this section, this section has effect as respects — a any offence alleged to have been committed on, under or above an offshore installation in territorial waters or in a designated area, or on, under or above any waters within five hundred metres of such an installation; or b any offence under this Act alleged to have been committed in territorial waters or in a designated area ; or c any offence under section 5 of the Continental Shelf Act 1964 (discharge of oil); or d any offence committed on or as respects an aircraft which is not a British aircraft registered in the United Kingdom, being an offence created by virtue of section 8(4) of this Act. 2 An offence shall not be one within subsection (1) above if it is an offence under, or under any provision having effect under — a the Merchant Shipping Acts 1894 to 1971, or any enactment to be construed as one with the Merchant Shipping Act 1894, or b the Customs and Excise Act 1952, or any enactment to be construed as one with that Act, or c the Oil in Navigable Waters Acts 1955 to 1971, or any enactment to be construed as one with the Oil in Navigable Waters Act 1955, or d except where it is created by virtue of section 8(4) of this Act, the Civil Aviation Acts 1949 to 1968, or any enactment to be construed as one with the Civil Aviation Act 1949. 3 No proceedings shall be instituted in England and Wales for any offence within subsection (1) above except — a in the case of an offence under this Act, by the Secretary of State or by a person authorised in that behalf by the Secretary of State, or b in the case of any offence, by or with the consent of the Director of Public Prosecutions: Provided that this subsection shall not apply to an offence if prosecution of that offence in England and Wales requires the consent of the Attorney General. 4 No proceedings shall be instituted in Northern Ireland for any offence within subsection (1) above except — a in the case of an offence under this Act, by the Secretary of State or by a person authorised in that behalf by the Secretary of State, or b in the case of any offence, by or with the consent of the Attorney General for Northern Ireland. 5 Subsections (3) and (4) above shall not prevent the issue or execution of a warrant for the arrest of any person in respect of an offence, or the remanding in custody or on bail of any person charged with an offence. 6 Section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) shall not apply to any proceedings for an offence within subsection (1) above. Civil liability for breach of statutory duty 11 1 This section has effect as respects — a a duty imposed on any person by any provision of this Act, or b a duty imposed on any person by any provision of regulations made under this Act which expressly applies the provisions of this section. 2 Breach of any such duty shall be actionable so far, and only so far, as it causes personal injury, and references in section 1 of the Fatal Accidents Act 1846, as it applies in England and Wales, and in Northern Ireland, to a wrongful act, neglect or default shall include references to any breach of a duty which is so actionable. 3 Subsection (2) above is without prejudice to any action which lies apart from the provisions of this Act. 4 Neither section 9(3) of this Act, nor any defences afforded by regulations made in pursuance of section 7(2)(b) of this .Act, shall afford a defence in any civil proceedings, whether brought by virtue of this section or not. 5 So far as the provisions of this section impose a liability on a concession owner, those provisions and the other provisions of this Act to which they relate shall bind the Crown, and accordingly, for the purposes of those provisions, and of any regulations or conditions having effect under any of those provisions, persons in the service of the Crown shall be taken to be employed whether or not they would be so taken apart from this subsection: Provided that this subsection shall not give any right of action to a person as being a member of the armed forces of the Crown. 6 Nothing in the last preceding subsection shall authorise proceedings to be brought against Her Majesty in her private capacity, and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act. 7 In this section " personal injury " includes any disease and any impairment of a person's physical or mental condition and includes any fatal injury. Interpretation 12 1 In this Act, unless the context otherwise requires — " concession owner " means the person having the right to exploit or explore the mineral resources in connection with which the offshore installation is, or has been, or is to be used, " designated area " has the same meaning as in the Continental Shelf Act 1964, " installation manager " has the meaning given by section 4(8) of this Act, " offence under this Act " includes an offence under regulations made under this Act, " offshore installation " has the meaning given by section 1(3) of this Act, but subject to subsections (2) and (3) below, " owner ", in relation to an offshore installation, means the person who has registered the installation pursuant to regulations under section 2 of this Act or, if there is no such person, the person for the time being having the management of the installation, or of its main structure, " prescribed " means prescribed by regulations under this Act, " underwater exploitation " and " underwater exploration " have the meaning given by section 1(3) of this Act. 2 References in this Act to an offshore installation include references to any part of an offshore installation capable of being manned by one or more persons, but regulations under this Act may provide that any provision of this Act shall not apply to such a part of an installation, or shall apply subject to such modifications or exceptions as may be prescribed by the regulations. 3 References in this Act to an offshore installation do not include an installation which at the relevant time consists exclusively of a pipe-line, whether or not any part of it previously formed part of an offshore installation. 4 It is hereby declared that, notwithstanding that this Act may affect individuals or bodies corporate outside the United Kingdom, it applies to any individual whether or not he is a British subject, and to any body corporate whether or not incorporated under the law of any part of the United Kingdom. 5 Any reference in this Act to a contravention of a provision of this Act or of regulations made under this Act includes a reference to a failure to comply with such a provision. 6 Any reference in this Act to any enactment or Act of Parliament includes a reference to an enactment or Act of the Parliament of Northern Ireland. 7 Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment. Financial provisions 13 1 There shall be paid out of money provided by Parliament — a any expenses incurred by the Secretary of State under this Act, and b any increase in money payable under any other Act which is an increase attributable to this Act. 2 Any receipts of the Secretary of "State under this Act shall be paid into the Consolidated Fund. Short title, commencement and saving 14 1 This Act may be cited as the Mineral Workings (Offshore Installations) Act 1971. 2 This Act shall come into force on such date as the Secretary of State may by order in a -statutory instrument appoint, and an order under this subsection may appoint different dates for different provisions of this Act, or for different purposes. 3 Nothing in this Act shall be taken to restrict the powers of the Parliament of Northern Ireland to make laws; and any laws made by that Parliament with respect to any matter with respect to which it has that power shall have effect notwithstanding anything in this Act. SCHEDULE Subject Matter of Regulations Section 6. 1 1 Measures to ensure the safety of the installation, and of any other structures associated with the operations carried out from the installation. 2 Measures to ensure safety when an installation or any part of an installation is being assembled or dismantled in the sea or other waters. 2 The movement of, and precautions to be taken by, vessels, aircraft and hovercraft in the neighbourhood of offshore installations. 3 Provisions as to the manner in which or occasions on which any operation or work is to be or may be carried out, or as to the safety or suitability of any place where it is carried out. 4 1 Provisions as to the equipment, facilities or materials which are to be or may be supplied or used, whether the provision has reference to sufficiency, to suitability, to safety during use or while not in use, or to any other matter. 2 The application of — a the Anchors and Chain Cables Act 1967, b the Employers' Liability (Compulsory Insurance) Act 1969, or any corresponding enactment in force in Northern Ireland, subject to such modifications or extensions as may be prescribed by the regulations. 3 Any provision corresponding to anything in the Acts mentioned in sub-paragraph (2) above. 5 1 Limits on hours of employment in any specified operation or in any specified circumstances. 2 The employment at installations of persons who are under the age of eighteen, or who have not received the prescribed instruction or training. 6 Training. 7 Emergency equipment and emergency procedures. 8 1 Accidents, injuries and disease. 2 Medical treatment and medical stores. 3 Accommodation, provisioning and water. Inspectors and inquiries 9 Powers and duties to be exercised by, and facilities to be accorded to, inspectors appointed by the Secretary of State under this Act, and other persons acting at the direction of the Secretary of State, and in particular — a powers to board, and to obtain access to all parts of, any offshore installation, to obtain information and to inspect and take copies from any log book or other document, b powers to test equipment and, in special circumstances, to dismantle, test to destruction or take possession of any article of equipment. c powers to require, in connection with the survey or inspection of any installation, part of an installation or equipment, the carrying out of procedures and the conduct of tests by such person as may be prescribed by the regulations, d rights to require conveyance to and from any offshore installation, including conveyance of any equipment required by an inspector for testing, or any equipment of which he has taken possession in special circumstances, e duties to provide inspectors and others with reasonable accommodation and means of subsistence while on any offshore installation, f any powers exercisable in case of immediate or apprehended danger. 10 1 Casualties or other accidents involving loss of life or danger to life, and in particular — a the making of special reports by inspectors, and b the holding of public inquiries. 2 In the case of any public inquiry held in pursuance of regulations under this Act, provision — a conferring on the person holding the inquiry, and any person assisting him in the inquiry, powers of entry and inspection, b conferring on any such person powers of summoning witnesses to give evidence or produce documents, c powers to take evidence on oath and administer oaths or require the making of declarations, d authorising the Secretary of State to make payments to the person holding the inquiry, to any assessor appointed to assist him and to witnesses summoned to the inquiry, e as to the persons by whom, and the manner in which, costs of any such inquiry, including the remuneration of the person or persons holding the inquiry, are to be defrayed. 3 The provision as respects costs under sub-paragraph (2)(e) above may include — a provision for the treatment of any such costs as expenses of the Secretary of State under this Act, b provision requiring any such costs to be defrayed by any person who appears to the person or persons holding the inquiry to be, by reason of any act or default on his part or on the part of any servant or agent of his, responsible in any degree for the occurrence of the accident. Supplemental 11 1 The keeping of an official log book, and of other records. 2 The creation of any right to inspect, or take extracts from, any such records, and the admissibility in evidence of, or of certified extracts of, any such records. 12 The making of returns and the giving of information, and in particular the making of returns to the Registrar General of Shipping and Seamen of deaths, including presumed deaths; and the duties of the Registrar General as respects such returns. 13 The display and posting of copies of, or of digests of, this Act and of regulations made under this Act. 14 The punishment of forgery or falsification of documents, and of other offences as respects forged or falsified documents, where the documents are, or purport to be, made under or for the purposes of the regulations. 15 The regulations may, in prescribing standards of safety, or in imposing other requirements, refer to, and make obligations depend on, the provisions of any recognised industrial code of practice as for the time being in force.

Immigration Act 1971 PART I Regulation of Entry into and Stay in United Kingdom General principles 1 1 All those who are in this Act expressed to have the right of abode in the United Kingdom shall be free to live in, and to come and go into and from, the United Kingdom without let or hindrance except such as may be required under and in accordance with this Act to enable their right to be established or as may be otherwise lawfully imposed on any person. 2 Those not having that right may live, work and settle in the United Kingdom by permission and subject to such regulation and control of their entry into, stay in and departure from the United Kingdom as is imposed by this Act; and indefinite leave to enter or remain in the United Kingdom shall, by virtue of this provision, be treated as having been given under this Act to those in the United Kingdom at its coming into force, if they are then settled there (and not exempt under this Act from the provisions relating to leave to enter or remain). 3 Arrival in and departure from the United Kingdom on a local journey from or to any of the Islands (that is to say, the Channel Islands and Isle of Man) or the Republic of Ireland shall not be subject to control under this Act, nor shall a person require leave to enter the United Kingdom on so arriving, except in so far as any of those places is for any purpose excluded from this subsection under the powers conferred by this Act; and in this Act the United Kingdom and those places, or such of them as are not so excluded, are collectively referred to as " the common travel area ". 4 The rules laid down by the Secretary of State as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons not having the right of abode shall include provision for admitting (in such cases and subject to such restrictions as may be provided by the rules, and subject or not to conditions as to length of stay or otherwise) persons coming for the purpose of taking employment, or for purposes of study, or as visitors, or as dependants of persons lawfully in or entering the United Kingdom. 5 The rules shall be so framed that Commonwealth citizens settled in the United Kingdom at the coming into force of this Act and their wives and children are not, by virtue of anything in the rules, any less free to come into and go from the United Kingdom than if this Act had not been passed. Statement of right of abode, and related amendments as to citizenship by registration 2 1 A person is under this Act to have the right of abode in the United Kingdom if — a he is a citizen of the United Kingdom and Colonies who has that citizenship by his birth, adoption, naturalisation or (except as mentioned below) registration in the United Kingdom or in any of the Islands; or b he is a citizen of the United Kingdom and Colonies born to or legally adopted by a parent who had that citizenship at the time of the birth or adoption, and the parent either — i then had that citizenship by his birth, adoption, naturalisation or (except as mentioned below) registration in the United Kingdom or in any of the Islands; or ii had been born to or legally adopted by a parent who at the time of that birth or adoption so had it; or c he is a citizen of the United Kingdom and Colonies who has at any time been settled in the United Kingdom and Islands and had at that time (and while such a citizen) been ordinarily resident there for the last five years or more ; or d he is a Commonwealth citizen born to or legally adopted by a parent who at the time of the birth or adoption had citizenship of the United Kingdom and Colonies by his birth in the United Kingdom or in any of the Islands. 2 A woman is under this Act also to have the right of abode in the United Kingdom if she is a Commonwealth citizen and either — a is the wife of any such citizen of the United Kingdom and Colonies as is mentioned in subsection (1)(a), (b) or (c) above or any such Commonwealth citizen as is mentioned in subsection (1)(d); or b has at any time been the wife — i of a person then being such a citizen of the United Kingdom and Colonies or Commonwealth citizen; or ii of a British subject who but for his death would on the date of commencement of the British Nationality Act 1948 have been such a citizen of the United Kingdom and Colonies as is mentioned in subsection (1)(a) or (b); but in subsection (1)(a) and (b) above references to registration as a citizen of the United Kingdom and Colonies shall not, in the case of a woman, include registration after the passing of this Act under or by virtue of section 6(2) (wives) of the British Nationality Act 1948 unless she is so registered by virtue of her marriage to a citizen of the United Kingdom and Colonies before the passing of this Act. 3 In relation to the parent of a child born after the parent's death, references in subsection (1) above to the time of the child's birth shall be replaced by references to the time of the parent's death; and for purposes of that subsection — a " parent" includes the mother of an illegitimate child; and b references to birth in the United Kingdom shall include birth on a ship or aircraft registered in the United Kingdom, or on an unregistered ship or aircraft of the Government of the United Kingdom, and similarly with references to birth in any of the Islands; and c references to citizenship of the United Kingdom and Colonies shall, in relation to a time before the year 1949, be construed as references to British nationality and, in relation to British nationality and to a time before the 31st March 1922, "the United Kingdom" shall mean Great Britain and Ireland ; and d subject to section 8(5) below, references to a person being settled in the United Kingdom and Islands are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain. 4 In subsection (1) above, any reference to registration in the United Kingdom shall extend also to registration under arrangements made by virtue of section 8(2) of the British Nationality Act 1948 (registration in independent Commonwealth country by United Kingdom High Commissioner), but, in the case of a registration by virtue of section 7 (children) of that Act, only if the registration was effected before the passing of this Act. 5 The law with respect to registration as a citizen of the United Kingdom and Colonies shall be modified as provided by Schedule 1 to this Act. 6 In the following provisions of this Act the word " patrial " is used of persons having the right of abode in the United Kingdom. General provisions for regulation and control 3 1 Except as otherwise provided by or under this Act, where a person is not patrial — a he shall not enter the United Kingdom unless given leave to do so in accordance with this Act; b he may be given leave to enter the United Kingdom (or, when already there, leave to remain in the United Kingdom) either for a limited or for an indefinite period; c if he is given a limited leave to enter or remain in the United Kingdom, it may be given subject to conditions restricting his employment or occupation in the United Kingdom, or requiring him to register with the police, or both. 2 The Secretary of State shall from time to time (and as soon as may be) lay before Parliament statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons required by this Act to have leave to enter, including any rules as to the period for which leave is to be given and the conditions to be attached in different circumstances ; and section 1(4) above shall not be taken to require uniform provision to be made by the rules as regards admission of persons for a purpose or in a capacity specified in section 1(4) (and in particular, for this as well as other purposes of this Act, account may be taken of citizenship or nationality). If a statement laid before either House of Parliament under this subsection is disapproved by a resolution of that House passed within the period of forty days beginning with the date of laying (and exclusive of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days), then the Secretary of State shall as soon as may be make such changes or further changes in the rules as appear to him to be required in the circumstances, so that the statement of those changes be laid before Parliament at latest by the end of the period of forty days beginning with the date of the resolution (but exclusive as aforesaid). 3 In the case of a limited leave to enter or remain in the United Kingdom, — a a person's leave may be varied, whether by restricting, enlarging or removing the limit on its duration, or by adding, varying or revoking conditions, but if the limit on its duration is removed, any conditions attached to the leave shall cease to apply; and b the limitation on and any conditions attached to a person's leave may be imposed (whether originally or on a variation) so that they will, if not superseded, apply also to any subsequent leave he may obtain after an absence from the United Kingdom within the period limited for the duration of the earlier leave. 4 A person's leave to enter or remain in the United Kingdom shall lapse on his going to a country or territory outside the common travel area (whether or not he lands there), unless within the period for which he had leave he returns to the United Kingdom in circumstances in which he is not required to obtain leave to enter; but, if he does so return, his previous leave (and any limitation on it or conditions attached to it) shall continue to apply. 5 A person who is not patrial shall be liable to deportation from the United Kingdom — a if, having only a limited leave to enter or remain, he does not observe a condition attached to the leave or remains beyond the time limited by the leave; or b if the Secretary of State deems his deportation to be conducive to the public good; or c if another person to whose family he belongs is or has been ordered to be deported. 6 Without prejudice to the operation of subsection (5) above, a person who is not patrial shall also be liable to deportation from the United Kingdom if, after he has attained the age of seventeen, he is convicted of an offence for which he is punishable with imprisonment and on his conviction is recommended for deportation by a court empowered by this Act to do so. 7 Where it appears to Her Majesty proper so to do by reason of restrictions or conditions imposed on citizens of the United Kingdom and Colonies when leaving or seeking to leave any country or the territory subject to the government of any country, Her Majesty may by Order in Council make provision for prohibiting persons who are nationals or citizens of that country and are not patrial from embarking in the United Kingdom, or from doing so elsewhere than at a port of exit, or for imposing restrictions or conditions on them when embarking or about to embark in the United Kingdom; and Her Majesty may also make provision by Order in Council to enable those who are not patrial to be, in such cases as may be prescribed by the Order, prohibited in the interests of safety from so embarking on a ship or aircraft specified or indicated in the prohibition. Any Order in Council under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament. 8 When any question arises under this Act whether or not a person is patrial, or is entitled to any exemption under this Act, it shall lie on the person asserting it to prove that he is. 9 A person seeking to enter the United Kingdom and claiming to be patrial by virtue of section 2(1)(c) or (d) or section 2(2) above shall prove it by means of such certificate of patriality as may be specified in the immigration rules, unless in the case of a woman claiming to be patrial by virtue of section 2(2) she shows that she is a citizen of the United Kingdom and Colonies and is patrial by virtue of section 2(2) apart from any reference therein to section 2(1)(c) or (d). Administration of control 4 1 The power under this Act to give or refuse leave to enter the United Kingdom shall be exercised by immigration officers, and the power to give leave to remain in the United Kingdom, or to vary any leave under section 3 (3)(a) (whether as regards duration or conditions), shall be exercised by the Secretary of State; and, unless otherwise allowed by this Act, those powers shall be exercised by notice in writing given to the person affected, except that the powers under section 3(3)(a) may be exercised generally in respect of any class of persons by order made by statutory instrument. 2 The provisions of Schedule 2 to this Act shall have effect with respect to — a the appointment and powers of immigration officers and medical inspectors for purposes of this Act; b the examination of persons arriving in or leaving the United Kingdom by ship or aircraft, and the special powers exercisable in the case of those who arrive as, or with a view to becoming, members of the crews of ships and aircraft; and c the exercise by immigration officers of their powers in relation to entry into the United Kingdom, and the removal from the United Kingdom of persons refused leave to enter or entering or remaining unlawfully; and d the detention of persons pending examination or pending removal from the United Kingdom; and for other purposes supplementary to the foregoing provisions of this Act. 3 The Secretary of State may by regulations made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make provision as to the effect of a condition under this Act requiring a person to register with the police; and the regulations may include provision — a as to the officers of police by whom registers are to be maintained, and as to the form and content of the registers; b as to the place and manner in which anyone is to register and as to the documents and information to be furnished by him, whether on registration or on any change of circumstances; c as to the issue of certificates of registration and as to the payment of fees for certificates of registration; and the regulations may require anyone who is for the time being subject to such a condition to produce a certificate of registration to such persons and in such circumstances as may be prescribed by the regulations. 4 The Secretary of State may by order made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make such provision as appears to him to be expedient in connection with this Act for records to be made and kept of persons staying at hotels and other premises where lodging or sleeping accommodation is provided, and for persons (whether patrial or not) who stay at any such premises to supply the necessary information. Procedure for, and further provisions as to, deportation 5 1 Where a person is under section 3(5) or (6) above liable to deportation, then subject to the following provisions of this Act the Secretary of State may make a deportation order against him, that is to say an order requiring him to leave and prohibiting him from entering the United Kingdom; and a deportation order against a person shall invalidate any leave to enter or remain in the United Kingdom given him before the order is made or while it is in force. 2 A deportation order against a person may at any time be revoked by a further order of the Secretary of State, and shall cease to have effect if he becomes patrial. 3 A deportation order shall not be made against a person as belonging to the family of another person if more than eight weeks have elapsed since the other person left the United Kingdom after the making of the deportation order against him ; and a deportation order made against a person on that ground shall cease to have effect if he ceases to belong to the family of the other person, or if the deportation order made against the other person ceases to have effect. 4 For purposes of deportation the following shall be those who are regarded as belonging to another person's family — a where that other person is a man, his wife and his or her children under the age of eighteen; and b where that other person is a woman, her children under the age of eighteen ; and for purposes of this subsection an adopted child, whether legally adopted or not, may be treated as the child of the adopter and, if legally adopted, shall be regarded as the child only of the adopter; an illegitimate child (subject to the foregoing rule as to adoptions) shall be regarded as the child of the mother ; and " wife " includes each of two or more wives. 5 The provisions of Schedule 3 to this Act shall have effect with respect to the removal from the United Kingdom of persons against whom deportation orders are in force and with respect to the detention or control of persons in connection with ' deportation. 6 Where a person is liable to deportation under section 3(5)(c) or (6) above but, without a deportation order being made against him, leaves the United Kingdom to live permanently abroad, the Secretary of State may make payments of such amounts as he may determine to meet that person's expenses in so leaving the United Kingdom, including travelling expenses for members of his family or household. Recommendations by court for deportation 6 1 Where under section 3(6) above a person convicted of an offence is liable to deportation on the recommendation of a court, he may be recommended for deportation by any court having power to sentence him for the offence unless the court commits him to be sentenced or further dealt with for that offence by another court: Provided that in Scotland the power to recommend a person for deportation shall be exercisable only by the sheriff or the High Court of Justiciary, and shall not be exercisable by the latter on an appeal unless the appeal is against a conviction on indictment or against a sentence upon such a conviction. 2 A court shall not recommend a person for deportation unless he has been given not less than seven days notice in writing stating that a person is not liable to deportation if he is patrial, describing the persons who are patrial and stating (so far as material) the effect of section 3(8) above and section 7 below ; but the powers of adjournment conferred by section 14(3) of the Magistrates' Courts Act 1952, section 26 of the Criminal Justice (Scotland) Act 1949 or any corresponding enactment for the time being in force in Northern Ireland shall include power to adjourn, after convicting an offender, for the purpose of enabling a notice to be given to him under this subsection or, if a notice was so given to him less than seven days previously, for the purpose of enabling the necessary seven days to elapse. 3 For purposes of section 3(6) above — a a person shall be deemed to have attained the age of seventeen at the time of his conviction if, on consideration of any available evidence, he appears to have done so to the court making or considering a recommendation for deportation ; and b the question whether an offence is one for which a person is punishable with imprisonment shall be determined without regard to any enactment restricting the imprisonment of young offenders or first offenders; and for purposes of deportation a person who on being charged with an offence is found to have committed it shall, notwithstanding any enactment to the contrary and notwithstanding that the court does not proceed to conviction, be regarded as a person convicted of the offence, and references to conviction shall be construed accordingly. 4 Notwithstanding any rule of practice restricting the matters which ought to be taken into account in dealing with an offender who is sentenced to imprisonment, a recommendation for deportation may be made in respect of an offender who is sentenced to imprisonment for life. 5 Where a court recommends or purports to recommend a person for deportation, the validity of the recommendation shall not be called in question except on an appeal against the recommendation or against the conviction on which it is made ; but — a except in Scotland, the recommendation shall be treated as a sentence for the purpose of any enactment providing an appeal against sentence ; and b in Scotland, a person recommended for deportation may, without prejudice to any other form of appeal under any rule of law, appeal against the recommendation in the same manner as against a conviction. 6 A deportation order shall not be made on the recommendation of a court so long as an appeal or further appeal is pending against the recommendation or against the conviction on which it was made ; and for this purpose an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing that appeal or, in Scotland, until the expiration of twenty-eight days from the date of the recommendation. 7 For the purpose of giving effect to any of the provisions of this section in its application to Scotland, the High Court of Justiciary shall have power to make rules by act of adjournal. Exemption from deportation for certain existing residents 7 1 Notwithstanding anything in section 3(5) or (6) above but subject to the provisions of this section, a Commonwealth citizen or citizen of the Republic of Ireland who was such a citizen at the coming into force of this Act and was then ordinarily resident in the United Kingdom — a shall not be liable to deportation under section 3(5)(b) if at the time of the Secretary of State's decision he had at all times since the coming into force of this Act been ordinarily resident in the United Kingdom and Islands; and b shall not be liable to deportation under section 3(5)(a), (b) or (c) if at the time of the Secretary of State's decision he had for the last five years been ordinarily resident in the United Kingdom and Islands ; and c shall not on conviction of an offence be recommended for deportation under section 3(6) if at the time of the conviction he had for the last five years been ordinarily resident in the United Kingdom and Islands. 2 A person who has at any time become ordinarily resident in the United Kingdom or in any of the Islands shall not be treated for the purposes of this section as having ceased to be so by reason only of his having remained there in breach of the immigration laws. 3 The "last five years" before the material time under subsection (1)(b) or (c) above is to be taken as a period amounting in total to five years exclusive of any time during which the person claiming exemption under this section was undergoing imprisonment or detention by virtue of a sentence passed for an offence on a conviction in the United Kingdom and Islands, and the period for which he was imprisoned or detained by virtue of the sentence amounted to six months or more. 4 For purposes of subsection (3) above — a " sentence " includes any order made on conviction of an offence; and b two or more sentences for consecutive (or partly consecutive) terms shall be treated as a single sentence; and c a person shall be deemed to be detained by virtue of a sentence — i at any time when he is liable to imprisonment or detention by virtue of the sentence, but is unlawfully at large; and ii (unless the sentence is passed after the material time) during any period of custody by which under any relevant enactment the term to be served under the sentence is reduced. In paragraph (c)(ii) above " relevant enactment" means section 67 of the Criminal Justice Act 1967 (or, before that section operated, section 17(2) of the Criminal Justice Administration Act 1962) and any similar enactment which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands. 5 Nothing in this section shall be taken to exclude the operation of section 3(8) above in relation to an exemption under this section. Exceptions for seamen, aircrews and other special cases 8 1 Where a person arrives at a place in the United Kingdom as a member of the crew of a ship or aircraft under an engagement requiring him to leave on that ship as a member of the crew, or to leave within seven days on that or another aircraft as a member of its crew, then unless either — a there is in force a deportation order made against him; or b he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the United Kingdom; or c an immigration officer requires him to submit to examination in accordance with Schedule 2 to this Act; he may without leave enter the United Kingdom at that place and remain until the departure of the ship or aircraft on which he is required by his engagement to leave. 2 The Secretary of State may by order exempt any person or class of persons, either unconditionally or subject to such conditions as may be imposed by or under the order, from all or any of the provisions of this Act relating to those who are not patrial. An order under this subsection, if made with respect to a class of persons, shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 3 The provisions of this Act relating to those who are not patrial shall not apply to any person so long as he is a member of a mission (within the meaning of the Diplomatic Privileges Act 1964), a person who is a member of the family and forms part of the household of such a member, or a person otherwise entitled to the like immunity from jurisdiction as is conferred by that Act on a diplomatic agent. 4 The provisions of this Act relating to those who are not patrial, other than the provisions relating to deportation, shall also not apply to any person so long as either — a he is subject, as a member of the home forces, to service law; or b being a member of a Commonwealth force or of a force raised under the law of any associated state, colony, protectorate or protected state, is undergoing or about to undergo training in the United Kingdom with any body, contingent or detachment of the home forces; or c he is serving or posted for service in the United Kingdom as a member of a visiting force or of any force raised as aforesaid or as a member of an international headquarters or defence organisation designated for the time being by an Order in Council under section 1 of the International Headquarters and Defence Organisations Act 1964. 5 Where a person having a limited leave to enter or remain in the United Kingdom becomes entitled to an exemption under this section, that leave shall continue to apply after he ceases to be entitled to the exemption, unless it has by then expired; and a person is not to be regarded for purposes of this Act as having been settled in the United Kingdom and Islands at any time when he was entitled to an exemption under subsection (3) or (4)(b) or (c) above or, unless the order otherwise provides, under subsection (2) or to any corresponding exemption under the former immigration laws or under the immigration laws of any of the Islands. 6 In this section " the home forces " means any of Her Majesty's forces other than a Commonwealth force or a force raised under the law of any associated state, colony, protectorate or protected state ; " Commonwealth force " means a force of any country to which provisions of the Visiting Forces Act 1952 apply without an Order in Council under section 1 of the Act; and " visiting force " means a body, contingent or detachment of the forces of a country to which any of those provisions apply, being a body, contingent or detachment for the time being present in the United Kingdom on the invitation of Her Majesty's Government in the United Kingdom. Further provisions as to common travel area 9 1 Subject to subsection (5) below, the provisions of Schedule 4 to this Act shall have effect for the purpose of taking account in the United Kingdom of the operation in any of the Islands of the immigration laws there. 2 Persons who lawfully enter the United Kingdom on a local journey from a place in the common travel area after having either — a entered any of the Islands or the Republic of Ireland on coming from a place outside the common travel area; or b left the United Kingdom while having a limited leave to enter or remain which has since expired ; if they are not patrial (and are not to be regarded under Schedule 4 to this Act as having leave to enter the United Kingdom), shall be subject in the United Kingdom to such restrictions on the period for which they may remain, and such conditions restricting their employment or occupation or requiring them to register with the police or both, as may be imposed by an order of the Secretary of State and may be applicable to them. 3 Any provision of this Act applying to a limited leave or to conditions attached to a limited leave shall, unless otherwise provided, have effect in relation to a person subject to any restriction or condition by virtue of an order under subsection (2) above as if the provisions of the order applicable to him were terms on which he had been given leave under this Act to enter the United Kingdom. 4 Section 1(3) above shall not be taken to affect the operation of a deportation order; and, subject to Schedule 4 to this Act, a person who is not patrial may not by virtue of section 1(3) enter the United Kingdom without leave on a local journey from a place in the common travel area if either — a he is on arrival in the United Kingdom given written notice by an immigration officer stating that, the Secretary of State having issued directions for him not to be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good as being in the interests of national security, he is accordingly refused leave to enter the United Kingdom ; or b he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the United Kingdom. 5 If it appears to the Secretary of State necessary so to do by reason of differences between the immigration laws of the United Kingdom and any of the Islands, he may by order exclude that island from section 1(3) above for such purposes as may be specified in the order, and references in this Act to the Islands other than any reference in section 2 shall apply to an island so excluded so far only as may be provided by order of the Secretary of State. 6 The Secretary of State shall also have power by order to exclude the Republic of Ireland from section 1(3) for such purposes as may be specified in the order. 7 An order of the Secretary of State under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. Entry otherwise than by sea or air 10 1 Her Majesty may by Order in Council direct that any of the provisions of this Act shall have effect in relation to persons entering or seeking to enter the United Kingdom on arrival otherwise than by ship or aircraft as they have effect in the case of a person arriving by ship or aircraft; and any such Order may make such adaptations or modifications of those provisions, and such provisions supplementary thereto, as appear to Her Majesty to be necessary or expedient for the purposes of the Order. 2 The provision made by an Order in Council under this section may include provision for excluding the Republic of Ireland from section 1 (3) of this Act either generally or for any specified purposes. 3 No recommendation shall be made to Her Majesty to make an Order in Council under this section unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament. Construction of references to entry, and other phrases relating to travel 11 1 A person arriving in the United Kingdom by ship or aircraft shall for purposes of this Act be deemed not to enter the United Kingdom unless and until he disembarks, and on disembarkation at a port shall further be deemed not to enter the United Kingdom so long as he remains in such area (if any) at the port as may be approved for this purpose by an immigration officer ; and a person who has not otherwise entered the United Kingdom shall be deemed not to do so as long as he is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to this Act. 2 In this Act " disembark " means disembark from a ship or aircraft, and " embark " means embark in a ship or aircraft; and, except in subsection (1) above, — a references to disembarking in the United Kingdom do not apply to disembarking after a local journey from a place in the United Kingdom or elsewhere in the common travel area; and b references to embarking in the United Kingdom do not apply to embarking for a local journey to a place in the United Kingdom or elsewhere in the common travel area. 3 Except in so far as the context otherwise requires, references in this Act to arriving in the United Kingdom by ship shall extend to arrival by any floating structure, and " disembark " shall be construed accordingly; but the provisions of this Act specially relating to members of the crew of a ship shall not by virtue of this provision apply in relation to any floating structure not being a ship. 4 For purposes of this Act " common travel area " has the meaning given by section 1(3), and a journey is, in relation to the common travel area, a local journey if but only if it begins and ends in the common travel area and is not made by a ship or aircraft which — a in the case of a journey to a place in the United Kingdom, began its voyage from, or has during its voyage called at, a place not in the common travel area ; or b in the case of a journey from a place in the United Kingdom, is due to end its voyage in, or call in the course of its voyage at, a place not in the common travel area. 5 A person who enters the United Kingdom lawfully by virtue of section 8(1) above, and seeks to remain beyond the time limited by section 8(1), shall be treated for purposes of this Act as seeking to enter the United Kingdom. PART II Appeals The appellate authorities Immigration Appeal Tribunal and adjudicators 12 The Immigration Appeal Tribunal and adjudicators provided for by the Immigration Appeals Act 1969 shall continue for purposes of this Act, and — a members of the Tribunal shall continue to be appointed by the Lord Chancellor and adjudicators by the Secretary of State; and b the provisions of Schedule 1 to that Act shall continue to apply, as set out in Schedule 5 to this Act with the required adaptation of references to that Act, but with the substitution also of references to the Minister for the Civil Service for references to the Treasury. Appeals to adjudicator or Tribunal in first instance Appeals against exclusion from United Kingdom 13 1 Subject to the provisions of this Part of this Act, a person who is refused leave to enter the United Kingdom under this Act may appeal to an adjudicator against the decision that he requires leave or against the refusal. 2 Subject to the provisions of this Part of this Act, a person who, on an application duly made, is refused a certificate of patriality or an entry clearance may appeal to an adjudicator against the refusal. 3 A person not holding a certificate of patriality shall not be entitled to appeal on the ground that he is patrial by virtue of section 2(1)(c) or (d) or section 2(2) above against a decision that he requires leave to enter the United Kingdom unless in the case of a woman who is a citizen of the United Kingdom and Colonies the ground of appeal is that she is patrial by virtue of section 2(2) apart from any reference therein to section 2(1)(c) or (d); and a person shall not be entitled to appeal against a refusal of leave to enter so long as he is in the United Kingdom, unless he was refused leave at a port of entry and at a time when he held a current entry clearance or was a person named in a current work permit. 4 An appeal against a refusal of leave to enter shall be dismissed by the adjudicator if he is satisfied that the appellant was at the time of the refusal an illegal entrant, and an appeal against a refusal of an entry clearance shall be dismissed by the adjudicator if he is satisfied that a deportation order was at the time of the refusal in force in respect of the appellant. 5 A person shall not be entitled to appeal against a refusal of leave to enter, or against a refusal of an entry clearance, if the Secretary of State certifies that directions have been given by the Secretary of State (and not by a person acting under his authority) for the appellant not to be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good, or if the leave to enter or entry clearance was refused in obedience to any such directions. Appeals against conditions 14 1 Subject to the provisions of this Part of this Act, a person who has a limited leave under this Act to enter or remain in the United Kingdom may appeal to an adjudicator against any variation of the leave (whether as regards duration or conditions), or against any refusal to vary it; and a variation shall not take effect so long as an appeal is pending under this subsection against the variation, nor shall an appellant be required to leave the United Kingdom by reason of the expiration of his leave so long as his appeal is pending under this subsection against a refusal to enlarge or remove the limit on the duration of the leave. 2 Subject to the provisions of this Part of this Act, a person who, on ceasing to be entitled to an exemption under any provision of section 8 above other than section 8(1), or on ceasing while in the United Kingdom to be patrial, is given a limited leave to remain may appeal to an adjudicator against any provision limiting the duration of the leave or attaching a condition to it; and so long as an appeal is pending under this subsection against any provision, effect shall not be given to that provision. 3 A person shall not be entitled to appeal under subsection (1) above against any variation of his leave which reduces its duration, or against any refusal to enlarge or remove the limit on its duration, if the Secretary of State certifies that the appellant's departure from the United Kingdom would be conducive to the public good, as being in the interests of national security or of the relations between the United Kingdom and any other country or for other reasons of a political nature, or the decision questioned by the appeal was taken on that ground by the Secretary of State (and not by a person acting under his authority). 4 A person shall not be entitled to appeal under subsection (1) above against any variation made by statutory instrument, or against any refusal of the Secretary of State to make a statutory instrument. Appeals in respect of deportation orders 15 1 Subject to the provisions of this Part of this Act, a person may appeal to an adjudicator against — a a decision of the Secretary of State to make a deportation order against him by virtue of section 3(5) above; or b a refusal by the Secretary of State to revoke a deportation order made against him. 2 A deportation order shall not be made against a person by virtue of section 3(5) above so long as an appeal may be brought against the decision to make it nor, if such an appeal is duly brought, so long as the appeal is pending; but, in calculating the period of eight weeks limited by section 5(3) above for making a deportation order against a person as belonging to the family of another person, there shall be disregarded any period during which there is pending an appeal against the decision to make it. 3 A person shall not be entitled to appeal against a decision to make a deportation order against him if the ground of the decision was that his deportation is conducive to the public good as being in the interests of national security or of the relations between the United Kingdom and any other country or for other reasons of a political nature. 4 A person shall not be entitled to appeal under this section against a refusal to revoke a deportation order, if the Secretary of State certifies that the appellant's exclusion from the United Kingdom is conducive to the public good or if revocation was refused on that ground by the Secretary of State (and not by a person acting under his authority). 5 A person shall not be entitled to appeal under this section against a refusal to revoke a deportation order so long as he is in the United Kingdom, whether because he has not complied with the requirement to leave or because he has contravened the prohibition on entering. 6 On an appeal against a decision to make a deportation order against a person as belonging to the family of another person, or an appeal against a refusal to revoke a deportation order so made, the appellant shall not be allowed, for the purpose of showing that he does not or did not belong to another person's family, to dispute any statement made with a view to obtaining leave for the appellant to enter or remain in the United Kingdom (including any statement made to obtain an entry clearance) unless the appellant shows that the statement was not so made by him or by any person acting with his authority and that, when he took the benefit of the leave, he did not know any such statement had been made to obtain it or, if he did know, was under the age of eighteen. 7 An appeal under this section shall be to the Appeal Tribunal in the first instance, instead of to an adjudicator, if — a it is an appeal against a decision to make a deportation order and the ground of the decision was that the deportation of the appellant is conducive to the public good; or b it is an appeal against a decision to make a deportation order against a person as belonging to the family of another person, or an appeal against a refusal to revoke a deportation order so made; or c there is pending a related appeal to which paragraph (b) above applies. 8 Where an appeal to an adjudicator is pending under this section, and before the adjudicator has begun to hear it a related appeal is brought, the appeal to the adjudicator shall be dealt with instead by the Appeal Tribunal and be treated as an appeal duly made to the Tribunal in the first instance. 9 In relation to an appeal under this section in respect of a deportation order against any person (whether an appeal against a decision to make or against a refusal to revoke the order), any other appeal under this section is a " related appeal" if it is an appeal in respect of a deportation order against another person as belonging to the- family of the first-mentioned person. Appeals against validity of directions for removal 16 1 Subject to the provisions of this Part of this Act, where directions are given under this Act for a person's removal from the United Kingdom either — a on the ground that he is an illegal entrant or on the ground specifically that he has entered the United Kingdom in breach of a deportation order; or b under the special powers conferred by Schedule 2 to this Act in relation to members of the crew of a ship or aircraft or persons coming to the United Kingdom to join a ship or aircraft as a member of the crew; then he may appeal to an adjudicator against those directions on the ground that in the facts of his case there was in law no power to give them on the ground on which they were given. 2 A person shall not be entitled to appeal under this section so long as he is in the United Kingdom, unless he is appealing against directions given by virtue of a deportation order (whether on the ground specifically that he has returned in breach of that order or on the ground that he is an illegal entrant) and is appealing on the ground that he is not the person named in that order. 3 Where a person appeals under this section against directions given by virtue of a deportation order, he shall not be allowed to dispute the original validity of that order. 4 An appeal under this section against directions given as mentioned in subsection (1)(b) shall be dismissed by the adjudicator, notwithstanding that the ground of appeal may be made out, if he is satisfied that there was power to give the like directions on the ground that the appellant was an illegal entrant. Appeals against removal on objection to destination 17 1 Subject to the provisions of this Part of this Act, where directions are given under this Act for a person's removal from the United Kingdom either — a on his being refused leave to enter ; or b on a deportation order being made against him; or c on his having entered the United Kingdom in breach of a deportation order; he may appeal to an adjudicator against the directions on the ground that he ought to be removed (if at all) to a different country or territory specified by him. 2 Where a person appeals under section 13(1) above on being refused leave to enter the United Kingdom, and either — a before he does so, directions have been given for his removal from the United Kingdom to any country or territory; or b before or after he does so, the Secretary of State or an immigration officer serves on him notice that any directions which may be given for his removal by virtue of the refusal will be for his removal to a country or territory or one of several countries or territories specified in the notice ; then he may on that appeal object to the country or territory to which he would be removed in pursuance of the directions, or to that specified in the notice (or to one or more of those specified), and claim that he ought to be removed (if at all) to a different country or territory specified by him. 3 Where a person appeals under section 15 above against a decision to make a deportation order against him, and before or after he does so the Secretary of State serves on him notice that any directions which may be given for his removal by virtue of the deportation order will be for his removal to a country or territory or one of several countries or territories specified in the notice, then he may on that appeal object to the country or territory specified in the notice (or to one or more of those specified), and claim that he ought to be removed (if at all) to a different country or territory specified by him. 4 Where by virtue of subsection (2) or (3) above a person is able to object to a country or territory on an appeal under section 13(1) or 15, and either he does not object to it on that appeal or his objection to it on that appeal is not sustained, then he shall not be entitled to appeal under this section against any directions subsequently given by virtue of the refusal or order in question, if their effect will be his removal to that country or territory. 5 A person shall not be entitled to appeal under this section against any directions given on his being refused leave to enter the United Kingdom, unless either he is also appealing under section 13(1) against the decision that he requires leave to enter or he was refused leave at a port of entry and at a time when he held a current entry clearance or was a person named in a current work permit. Notice of matters in respect of which there are rights of appeal 18 1 The Secretary of State may by regulations provide — a for written notice to be given to a person of any such decision or action taken in respect of him as is appealable under this Part of this Act (whether or not he is in the facts of his case entitled to appeal) or would be so appealable but for the ground on which it is taken; b for any such notice to include a statement of the reasons for the decision or action and, where the action is the giving of directions for the removal of any person from the United Kingdom, of the country or territory to which he is to be removed ; c for any such notice to be accompanied by a statement containing particulars of the rights of appeal available under this Part of this Act and of the procedure by which those rights may be exercised; d for the form of any such notice or statement and the way in which a notice is to be or may be given. 2 For the purpose of any proceedings under this Part of this Act a statement included in a notice in pursuance of regulations under this section shall be conclusive of the person by whom and of the ground on which any decision or action was taken. 3 The power to make regulations under this section shall be exercisable by statutory instrument, and any statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament. Determination of appeals by adjudicators 19 1 Subject to sections 13(4) and 16(4) above, and to any restriction on the grounds of appeal, an adjudicator on an appeal to him under this Part of this Act — a shall allow the appeal if he considers — i that the decision or action against which the appeal is brought was not in accordance with the law or with any immigration rules applicable to the case; or ii where the decision or action involved the exercise of a discretion by the Secretary of State or an officer, that the discretion should have been exercised differently; and b in any other case, shall dismiss the appeal. 2 For the purposes of subsection (1)(a) above the adjudicator may review any determination of a question of fact on which the decision or action was based; and for the purposes of subsection (1)(a)(ii) no decision or action which is in accordance with the immigration rules shall be treated as having involved the exercise of a discretion by the Secretary of State by reason only of the fact that he has been requested by or on behalf of the appellant to depart, or to authorise an officer to depart, from the rules and has refused to do so. 3 Where an appeal is allowed, the adjudicator shall give such directions for giving effect to the determination as the adjudicator thinks requisite, and may also make recommendations with respect to any other action which the adjudicator considers should be taken in the case under this Act; and, subject to section 20(2) below, it shall be the duty of the Secretary of State and of any officer to whom directions are given under this subsection to comply with them. 4 Where in accordance with section 15 above a person appeals to the Appeal Tribunal in the first instance, this section shall apply with the substitution of references to the Tribunal for references to an adjudicator. Appeals from adjudicator to Tribunal, and review of decisions Appeal to Tribunal from determination of adjudicator 20 1 Subject to any requirement of rules of procedure as to leave to appeal, any party to an appeal to an adjudicator may, if dissatisfied with his determination thereon, appeal to the Appeal Tribunal, and the Tribunal may affirm the determination or make any other determination which could have been made by the adjudicator. 2 Directions given by an adjudicator under section 19(3) above need not be complied with so long as an appeal can be brought against his determination and, if such an appeal is duly brought, so long as the appeal is pending; and if the Tribunal affirm his determination allowing the appeal, they may alter or add to his directions and recommendations under section 19(3) or replace them with their own directions and recommendations, and the provisions of that subsection shall apply to directions given by them accordingly. 3 Where an appeal is dismissed by an adjudicator but allowed by the Tribunal, section 19(3) above shall apply with the substitution of references to the Tribunal for references to the adjudicator. Reference of cases for further consideration 21 1 Where in any case — a an adjudicator has dismissed an appeal, and there has been no further appeal to the Appeal Tribunal, or the Tribunal has dismissed an appeal made to them in the first instance by virtue of section 15 above; or b the Appeal Tribunal has affirmed the determination of an adjudicator dismissing an appeal, or reversed the determination of an adjudicator allowing an appeal; the Secretary of State may at any time refer for consideration under this section any matter relating to the case which was not before the adjudicator or Tribunal. 2 Any reference under this section shall be to an adjudicator or to the Appeal Tribunal, and the adjudicator or Tribunal shall consider the matter which is the subject of the reference and report to the Secretary of State the opinion of the adjudicator or Tribunal thereon. Supplementary Procedure 22 1 The Secretary of State may make rules (in this Act referred to as " rules of procedure ") — a for regulating the exercise of the rights of appeal conferred by this Part of this Act; b for prescribing the practice and procedure to be followed on or in connection with appeals thereunder, including the mode and burden of proof and admissibility of evidence on such an appeal; and c for other matters preliminary or incidental to or arising out of such appeals, including proof of the decisions of adjudicators or the Appeal Tribunal. 2 Rules of procedure may include provision — a enabling the Tribunal, on an appeal from an adjudicator, to remit the appeal to an adjudicator for determination by him in accordance with any directions of the Tribunal, or for further evidence to be obtained with a view to determination by the Tribunal; or b enabling any functions of the Tribunal which relate to matters preliminary or incidental to an appeal, or which are conferred by Part II of Schedule 2 to this Act, to be performed by a single member of the Tribunal; or c conferring on adjudicators or the Tribunal such ancillary powers as the Secretary of State thinks necessary for the purposes of the exercise of their functions. 3 The rules of procedure shall provide that any appellant shall have the right to be legally represented. 4 Where on an appeal under this Part of this Act it is alleged — a that a passport or other travel document, certificate of patriality, entry clearance or work permit (or any part thereof or entry therein) on which a party relies is a forgery; and b that the disclosure to that party of any matters relating to the method of detection would be contrary to the public interest; then (without prejudice to the generality of the power to make rules of procedure) the adjudicator or Tribunal shall arrange for the proceedings to take place in the absence of that party and his representatives while the allegation at (b) above is inquired into by the adjudicator or Tribunal and, if it appears to the adjudicator or Tribunal that the allegation is made out, for such further period as appears necessary in order to ensure that those matters can be presented to the adjudicator or Tribunal without any disclosure being directly or indirectly made contrary to the public interest. 5 If under the rules of procedure leave to appeal to the Tribunal is required in cases where an adjudicator dismisses an appeal under section 13 above, then the authority having power to grant leave to appeal shall grant it — a in any case where the appeal was against a decision that the appellant required leave to enter the United Kingdom, and the authority is satisfied that at the time of the decision he held a certificate of patriality; and b in any case where the appeal was against a refusal of leave to enter, and the authority is satisfied that at the time of the refusal the appellant held an entry clearance and that the dismissal of the appeal was not required by section 13(4). 6 A person who is required under or in accordance with rules of procedure to attend and give evidence or produce documents before an adjudicator or the Tribunal, and fails without reasonable excuse to comply with the requirement, shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100. 7 The power to make rules of procedure shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. Financial support for organisations helping persons with rights of appeal 23 The Secretary of State may with the consent of the Treasury make grants to any voluntary organisation which provides advice or assistance for, or other services for the welfare of, persons who have rights of appeal under this Part of this Act. PART III Criminal Proceedings Illegal entry and similar offences 24 1 A person who is not patrial shall be guilty of an offence punishable on summary conviction with a fine of not more than £200 or with imprisonment for not more than six months, or with both, in any of the following cases: — a if contrary to this Act he knowingly enters the United Kingdom in breach of a deportation order or without leave; b if, having only a limited leave to enter or remain in the United Kingdom, he knowingly either — i remains beyond the time limited by the leave; or ii fails to observe a condition of the leave ; c if, having lawfully entered the United Kingdom without leave by virtue of section 8(1) above, he remains without leave beyond the time allowed by section 8(1); d if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to a medical officer of health, or to attend, or submit to a test or examination, as required by such an officer; e if, without reasonable excuse, he fails to observe any restriction imposed on him under Schedule 2 or 3 to this Act as to residence or as to reporting to the police or to an immigration officer; f if he disembarks in the United Kingdom from a ship or aircraft after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from the United Kingdom; g if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this Act. 2 A constable or immigration officer may arrest without warrant anyone who has, or whom he, with reasonable cause, suspects to have, committed or attempted to commit an offence under this section other than an offence under subsection (1)(d) above. 3 The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under subsection (1)(a), (b)(i) and (c) above. 4 In proceedings for an offence against subsection (1)(a) above of entering the United Kingdom without leave, — a any stamp purporting to have been imprinted on a passport or other travel document by an immigration officer on a particular date for the purpose of giving leave shall be presumed to have been duly so imprinted, unless the contrary is proved ; b proof that a person had leave to enter the United Kingdom shall lie on the defence if, but only if, he is shown to have entered within six months before the date when the proceedings were commenced. Assisting illegal entry, and harbouring 25 1 Any person knowingly concerned in making or carrying out arrangements for securing or facilitating the entry into the United Kingdom of anyone whom he knows or has reasonable cause for believing to be an illegal entrant shall be guilty of an offence, punishable on summary conviction with a fine of not more than £400 or with imprisonment for not more than six months, or with both, or on conviction on indictment with a fine or with imprisonment for not more than seven years, or with both. 2 Without prejudice to subsection (1) above a person knowingly harbouring anyone whom he knows or has reasonable cause for believing to be either an illegal entrant or a person who has committed an offence under section 24(1)(b) or (c) above, shall be guilty of an offence, punishable on summary conviction with a fine of not more than £400 or with imprisonment for not more than six months, or with both. 3 A constable or immigration officer may arrest without warrant anyone who has, or whom he, with reasonable cause, suspects to have, committed an offence under subsection (1) above. 4 The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under this section. 5 Subsection (1) above shall apply to things done outside as well as to things done in the United Kingdom where they are done — a by a citizen of the United Kingdom and Colonies; b by a British subject by virtue of section 2 of the British Nationality Act 1948 (continuance of certain subjects of the Republic of Ireland as British subjects); c by a British subject without citizenship by virtue of section 13 or 16 of that Act (which relate respectively to British subjects whose citizenship had not been ascertained at the commencement of that Act and to persons who had ceased to be British on loss of British nationality by a parent); d by a British subject by virtue of the British Nationality Act 1965 ; or e by a British protected person (within the meaning of the British Nationality Act 1948). 6 Where a person convicted on indictment of an offence under subsection (1) above is at the time of the offence — a the owner or one of the owners of a ship, aircraft or vehicle used or intended to be used in carrying out the arrangements in respect of which the offence is committed ; or b a director or manager of a company which is the owner or one of the owners of any such ship, aircraft or vehicle; or c captain of any such ship or aircraft; then subject to subsections (7) and (8) below the court before which he is convicted may order the forfeiture of the ship, aircraft or vehicle. In this subsection (but not in subsection (7) below) " owner " in relation to a ship, aircraft or vehicle which is the subject of a hire-purchase agreement, includes the person in possession of it under that agreement and, in relation to a ship or aircraft, includes a charterer. 7 A court shall not order a ship or aircraft to be forfeited under subsection (6) above on a person's conviction, unless — a in the case of a ship, it is of less than 500 tons gross tonnage or, in the case of an aircraft (not being a hovercraft), it is of less than 5,700 kilogrammes operating weight; or b the person convicted is at the time of the offence the owner or one of the owners, or a director or manager of a company which is the owner or one of the owners, of the ship or aircraft; or c the ship or aircraft, under the arrangements in respect of which the offence is committed, has been used for bringing more than 20 persons at one time to the United Kingdom as illegal entrants, and the intention to use the ship or aircraft in bringing persons to the United Kingdom as illegal entrants was known to, or could by the exercise of reasonable diligence, have been discovered by, some person on whose conviction the ship or aircraft would have been liable to forfeiture in accordance with paragraph (b) above. In this subsection " operating weight" means in relation to an aircraft the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances, in accordance with the certificate of airworthiness in force in respect of the aircraft. 8 A court shall not order a ship, aircraft or vehicle to be forfeited under subsection (6) above, where a person claiming to be the owner of the ship, aircraft or vehicle or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made. General offences in connection with administration of Act 26 1 A person shall be guilty of an offence punishable on summary conviction with a fine of not more than £200 or with imprisonment for not more than six months, or with both, in any of the following cases — a if, without reasonable excuse, he refuses or fails to submit to examination under Schedule 2 to this Act; b if, without reasonable excuse, he refuses or fails to furnish or produce any information in his possession, or any documents in his possession or control, which he is on an examination under that Schedule required to furnish or produce; c if on any such examination or otherwise he makes or causes to be made to an immigration officer or other person lawfully acting in the execution of this Act a return, statement or representation which he knows to be false or does not believe to be true; d if, without lawful authority, he alters any certificate of patriality, entry clearance, work permit or other document issued or made under or for the purposes of this Act, or uses for the purposes of this Act, or has in his possession for such use, any passport, certificate of patriality, entry clearance, work permit or other document which he knows or has reasonable cause to believe to be false ; e if, without reasonable excuse, he fails to complete and produce a landing or embarkation card in accordance with any order under Schedule 2 to this Act; f if, without reasonable excuse, he fails to comply with any requirement of regulations under section 4(3) or of an order under section 4(4) above ; g if, without reasonable excuse, he obstructs an immigration officer or other person lawfully acting in the execution of this Act. 2 The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under subsection (1)(c) and (d) above. Offences by persons connected with ships or aircraft or with ports 27 A person shall be guilty of an offence punishable on summary conviction with a fine of not more than £200 or with imprisonment for not more than six months, or with both, in any of the following cases — a if, being the captain of a ship or aircraft, — i he knowingly permits a person to disembark in the United Kingdom when required under Schedule 2 or 3 to this Act to prevent it, or fails without reasonable excuse to take any steps he is required by or under Schedule 2 to take in connection with the disembarkation or examination of passengers or for furnishing a passenger list or particulars of members of the crew; or ii he fails, without reasonable excuse, to comply with any directions given him under Schedule 2 or 3 with respect to the removal of a person from the United Kingdom; b if, as owner or agent of a ship or aircraft, — i he arranges, or is knowingly concerned in any arrangements, for the ship or aircraft to call at a port other than a port of entry contrary to any provision of Schedule 2 to this Act; or ii he fails, without reasonable excuse, to take any steps required by an order under Schedule 2 for the supply to passengers of landing or embarkation cards; or iii he fails, without reasonable excuse, to make arrangements for the removal of a person from the United Kingdom when required to do so by directions given under Schedule 2 or 3 to this Act; c if, as owner or agent of a ship or aircraft or as a person concerned in the management of a port, he fails, without reasonable excuse, to take any steps required by Schedule 2 in relation to the embarkation or disembarkation of passengers where a control area is designated. Proceedings 28 1 Where the offence is one to which, under section 24, 25 or 26 above, an extended time limit for prosecutions is to apply, then — a an information relating to the offence may in England and Wales be tried by a magistrates' court if it is laid within six months after the commission of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by a chief officer of police to be the date on which evidence sufficient to justify proceedings came, to the notice of an officer of his police force; and b summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commission of the offence and not more than two months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and c a complaint charging the commission of the offence may in Northern Ireland be heard and determined by a magistrates' court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland. 2 For purposes of subsection (1)(b) above proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay; and a certificate of the Lord Advocate as to the date on which such evidence as is mentioned in subsection (1)(b) came to his knowledge shall be conclusive evidence. 3 For the purposes of the trial of a person for an offence under this Part of this Act, the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be. 4 Any powers exercisable under this Act in the case of any person may be exercised notwithstanding that proceedings for an offence under this Part of this Act have been taken against him. PART IV Supplementary Contributions for expenses of persons returning abroad 29 1 The Secretary of State may, in such cases as he may with the approval of the Treasury determine, make payments of such amount as may be so determined to meet or provide for expenses of persons who are not patrial in leaving the United Kingdom for a country or territory where they intend to reside permanently, including travelling expenses for members of their families or households. 2 The Secretary of State shall, so far as practicable, administer this section so as to secure that a person's expenses in leaving the United Kingdom are not met by or out of a payment made by the Secretary of State unless it is shown that it is in that person's interest to leave the United Kingdom and that he wishes to do so. Return of mental patients 30 1 In the following enactments (which provide in relation to England, Wales and Northern Ireland and in relation to Scotland, respectively, for aliens receiving treatment for mental illness as in-patients to be removed, where proper arrangements have been made, to a country or territory outside the United Kingdom and Islands), that is to say, — a section 90 of the Mental Health Act 1959 ; and b section 82 of the Mental Health (Scotland) Act 1960; there shall in each case be substituted for the words " any patient being an alien " the words "any patient who is not patrial within the meaning of the Immigration Act 1971 and ". 2 Under section 90 of the Mental Health Act 1959 (as under section 82 of the Mental Health (Scotland) Act 1960) the Secretary of State shall only authorise the removal of a patient if it appears to him to be in the interests of the patient; and accordingly in section 90 after the words " and for his care or treatment there " there shall be inserted the words " and that it is in the interests of the patient to remove him ". Expenses 31 There shall be defrayed out of moneys provided by Parliament any expenses incurred by a Secretary of State under or by virtue of this Act — a by way of administrative expenses (including any additional expenses under the British Nationality Acts 1948 to 1965 which are attributable to Schedule 1 to this Act); or b in connection with the removal of any person from the United Kingdom under Schedule 2 or 3 to this Act or the departure with him of his dependants, or his or their maintenance pending departure ; or c on account of the remuneration, allowances and other sums payable to or in respect of the adjudicators and members of the Immigration Appeal Tribunal, or of the remuneration of the officers and servants appointed for the adjudicators or Tribunal, or of the expenses of the adjudicators or Tribunal; or d on the making of any grants or payments under section 23 or 29 above. General provisions as to Orders in Council, etc. 32 1 Any power conferred by Part I of this Act to make, an Order in Council or order (other than a deportation order) or to give any directions includes power to revoke or vary the Order in Council, order or directions. 2 Any document purporting to be an order, notice or direction made or given by the Secretary of State for the purposes of this Act and to be signed by him or on his behalf, and any document purporting to be a certificate of the Secretary of State so given and to be signed by him, shall be received in evidence, and shall, until the contrary is proved, be deemed to be made or issued by him. 3 Prima facie evidence of any such order, notice, direction or certificate as aforesaid may, in any legal proceedings or proceedings under Part II of this Act, be given by the production of a document bearing a certificate purporting to be signed by or on behalf of the Secretary of State and stating that the document is a true copy of the order, notice, direction or certificate. 4 Where an order under section 8(2) above applies to persons specified in a schedule to the order, or any directions of the Secretary of State given for the purposes of this Act apply to persons specified in a schedule to the directions, prima facie evidence of the provisions of the order or directions other than the schedule and of any entry contained in the schedule may, in any legal proceedings or proceedings under Part II of this Act, be given by the production of a document purporting to be signed by or on behalf of the Secretary of State and stating that the document is a true copy of the said provisions and of the relevant entry. Interpretation 33 1 For purposes of this Act, except in so far as the context otherwise requires — " aircraft " includes hovercraft, " airport " includes hover-port and " port" includes airport; " captain " means master (of a ship) or commander (of an aircraft); " certificate of patriality " means such a certificate as is referred to in section 3(9) above; " crew ", in relation to a ship or aircraft, means all persons actually employed in the working or service of the ship or aircraft, including the captain, and " member of the crew " shall be construed accordingly ; " entrant " means a person entering or seeking to enter the United Kingdom, and " illegal entrant" means a person unlawfully entering or seeking to enter in breach of a deportation order or of the immigration laws, and includes also a person who has so entered; " entry clearance " means a visa, entry certificate or other document which, in accordance with the immigration rules, is to be taken as evidence of a person's eligibility, though not patrial, for entry into the United Kingdom (but does not include a work permit); " immigration laws " means this Act and any law for purposes similar to this Act which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands; " immigration rules " means the rules for the time being laid down as mentioned in section 3(2) above ; " the Islands " means the Channel Islands and the Isle of Man, and " the United Kingdom and Islands" means the United Kingdom and the Islands taken together; " legally adopted " means adopted in pursuance of an order made by any court in the United Kingdom and Islands or by any adoption specified as an overseas adoption by order of the Secretary of State under section 4 of the Adoption Act 1968 ; " limited leave " and " indefinite leave " mean respectively leave under this Act to enter or remain in the United Kingdom which is, and one which is not, limited as to duration; " settled " shall be construed in accordance with section 2(3)(d) above but, where used in relation to the United Kingdom only, as if any reference in section 2(3)(d) or in section 8(5) to the Islands were omitted ; " ship " includes every description of vessel used in navigation ; " work permit " means a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not patrial, for entry into the United Kingdom for the purpose of taking employment. 2 It is hereby declared that, except as otherwise provided in this Act, a person is not to be treated for the purposes of any provision of this Act as ordinarily resident in the United Kingdom or in any of the Islands at a time when he is there in breach of the immigration laws. 3 The ports of entry for purposes of this Act, and the ports of exit for purposes of any Order in Council under section 3(7) above, shall be such ports as may from time to time be designated for the purpose by order of the Secretary of State made by statutory instrument. 4 For purposes of this Act an appeal under Part II shall, subject to any express provision to the contrary, be treated as pending during the period beginning when notice of appeal is duly given and ending when the appeal is finally determined or withdrawn; and in the case of an appeal to an adjudicator, the appeal shall not be treated as finally determined so long as a further appeal can be brought by virtue of section 20 nor, if such an appeal is duly brought, until it is determined or withdrawn. 5 This Act shall not be taken to supersede or impair any power exercisable by Her Majesty in relation to aliens by virtue of Her prerogative. Repeal, transitional and temporary 34 1 Subject to the following provisions of this section, the enactments mentioned in Schedule 6 to this Act are hereby repealed, as from the coming into force of this Act, to the extent mentioned in column 3 of the Schedule ; and — a this Act, as from its coming into force, shall apply in relation to entrants or others arriving in the United Kingdom at whatever date before or after it comes into force; and b after this Act comes into force anything done under or for the purposes of the former immigration laws shall have effect, in so far as any corresponding action could be taken under or for the purposes of this Act, as if done by way of action so taken, and in relation to anything so done this Act shall apply accordingly. 2 Without prejudice to the generality of subsection (1)(a) and (b) above, a person refused leave to land by virtue of the Aliens Restriction Act 1914 shall be treated as having been refused leave to enter under this Act, and a person given leave to land by virtue of that Act shall be treated as having been given leave to enter under this Act; and similarly with the Commonwealth Immigrants Acts 1962 and 1968. 3 A person treated in accordance with subsection (2) above as having leave to enter the United Kingdom — a shall be treated as having an indefinite leave, if he is not at the coming into force of this Act subject to a condition limiting his stay in the United Kingdom; and b shall be treated, if he is then subject to such a condition, as having a limited leave of such duration, and subject to such conditions (capable of being attached to leave under this Act), as correspond to the conditions to which he is then subject, but not to conditions not capable of being so attached. This subsection shall have effect in relation to any restriction or requirement imposed by Order in Council under the Aliens Restriction Act 1914 as if it had been imposed by way of a landing condition. 4 Notwithstanding anything in the foregoing provisions of this Act, the former immigration laws shall continue to apply, and this Act shall not apply, — a in relation to the making of deportation orders and matters connected therewith in any case where a decision to make the order has been notified to the person concerned before the coming into force of this Act; b in relation to removal from the United Kingdom and matters connected therewith (including detention pending removal or pending the giving of directions for removal) in any case where a person is to be removed in pursuance of a decision taken before the coming into force of this Act or in pursuance of a deportation order to the making of which paragraph (a) above applies; c in relation to appeals against any decision taken or other thing done under the former immigration laws, whether taken or done before the coming into force of this Act or by virtue of this subsection. 5 Subsection (1) above shall not be taken as empowering a court on appeal to recommend for deportation a person whom the court below could not recommend for deportation, or as affecting any right of appeal in respect of a recommendation for deportation made before this Act comes into force, or as enabling a notice given before this Act comes into force and not complying with section 6(2) to take the place of the notice required by section 6(2) to be given before a person is recommended for deportation. 6 So long as section 2 of the Southern Rhodesia Act 1965 remains in force, this Act shall have effect subject to such provision as may (before or after this Act comes into force) be made by Order in Council under and for the purposes of that section. Commencement, and interim provisions 35 1 Except as otherwise provided by this Act, Parts I to III of this Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and references to the coming into force of this Act shall be construed as references to the beginning of the day so appointed. 2 Section 25 above, except section 25(2), and section 28 in its application to offences under section 25(1) shall come into force at the end of one month beginning with the date this Act is passed. 3 The provisions of section 28(1) and (2) above shall have effect, as from the passing of this Act, in relation to offences under section 4A (unauthorised landing) of the Commonwealth Immigrants Act 1962 as amended by the Commonwealth Immigrants Act 1968, other than offences committed six months or more before the passing of this Act, as those provisions are expressed to have effect in relation to offences to which the extended time limit for prosecutions is to apply under sections 24, 25 and 26 above ; but where proceedings for an offence under section 4A of the Commonwealth Immigrants Act 1962 would have been out of time but for this subsection, section 4A(4) (under which, in certain cases, a person not producing a passport duly stamped by an immigration officer is presumed for purposes of that section to have landed in contravention of it, unless the contrary is proved) shall not apply. 4 Section 1(2A)(d) of the Commonwealth Immigrants Act 1962 (which was inserted by section 1 of the Commonwealth Immigrants Act 1968, and excludes from the control on immigration under those Acts, among other persons, certain persons registered in the United Kingdom or in an independent country of the Commonwealth as citizens of the United Kingdom and Colonies) shall not apply — a to a woman registered after the passing of this Act under or by virtue of section 6(2) (wives) of the British Nationality Act 1948, unless so registered either — i by virtue of her marriage to a citizen of the United Kingdom and Colonies before the passing of this Act; or ii by virtue of her marriage to such a citizen who at the time of her registration or at his death before that time was excluded from the control on immigration under the Commonwealth Immigrants Acts 1962 and 1968 by section 1(2) of the 1962 Act; nor b to anyone registered after the passing of this Act under or by virtue of section 7 (children) of the British Nationality Act 1948, unless so registered in the United Kingdom. 5 So much of section 1 of the Aliens Restriction (Amendment) Act 1919 as limits the duration of that section, and section 5 of the Commonwealth Immigrants Act 1962 in so far as it limits the duration of Part I of that Act, shall cease to have effect on the passing of this Act. Power to extend to Islands 36 Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such exceptions, adaptations and modifications, if any, as may be specified in the Order, to any of the Islands ; and any Order in Council under this subsection may be varied or revoked by a further Order in Council. Short title and extent 37 1 This Act may be cited as the Immigration Act 1971. 2 It is hereby declared that this Act extends to Northern Ireland, and (without prejudice to any provision of Schedule 1 to this Act as to the extent of that Schedule) where an enactment repealed by this Act extends outside the United Kingdom, the repeal shall be of like extent. SCHEDULES SCHEDULE 1 Registration as Citizen by reason of Residence, Crown Service etc. Section 2. 1 The law with respect to registration as a citizen of the United Kingdom and Colonies shall be modified as follows: — a in the British Nationality Act 1948, immediately before section 6, there shall be inserted as section 5A the provisions set out in Appendix A to this Schedule, and no person shall be entitled to be registered under or by virtue of section 6(1) of that Act except in the transitional cases allowed for by paragraph 2 below ; and b in section 8 of the British Nationality Act 1948 (registration outside United Kingdom) — i after the words " foregoing sections " there shall be inserted in subsection (1) the words " or, subject to subsection (1A) of this section, under section 5A " and in subsection (2) the words " or under section 5A of this Act" ; and ii there shall be omitted in subsection (1) the words from " and as if " onwards (except for purposes of registration by virtue of paragraph 2 below), and there shall be inserted as subsections (1A) and (1B) the provisions set out in Appendix B to this Schedule ; and c for section 9 of the British Nationality Act 1948 there shall be substituted the provisions set out in Appendix C to this Schedule (which insert in the section a reference to the new section 5A and add a requirement for the taking in certain cases of an oath of allegiance). 2 Notwithstanding anything in paragraph 1 above or any repeal made by this Act (but subject to paragraph 3 below), a person who would but for this Act have been entitled under or by virtue of section 6(1) of the British Nationality Act 1948 to be registered as a citizen of the United Kingdom and Colonies shall be entitled to be so registered in the United Kingdom if he satisfies the Secretary of State that at the date of his application to be registered he had throughout the last five years or, if it is more than five years, throughout the period since the coming into force of this Act been ordinarily resident in the United Kingdom without being subject, by virtue of any law relating to immigration, to any restriction on the period for which he might remain. 3 1 A person in respect of whom a recommendation for deportation is at the date of his application in force shall not be entitled to be registered as a citizen of the United Kingdom and Colonies by virtue of paragraph 2 above. 2 Where, in accordance with any regulations relating to appeals, a person, when he applies to be so registered by virtue of paragraph 2 above, has been given notice of a decision to make a deportation order in respect of him, he shall not be entitled to be so registered by virtue of that paragraph, unless before the date of his application an appeal by him against that decision has been finally determined in his favour or the Secretary of State has notified him that the order will not be made. 3 References in this paragraph to recommendations for deportation, deportation orders and other matters shall include any such recommendation, order or matter under the enactments repealed by this Act; and accordingly this paragraph shall apply for purposes of paragraph 2 above in place of the corresponding provision made by section 12(1) of the Commonwealth Immigrants Act 1962 and section 18 of the Immigration Appeals Act 1969. 4 1 Paragraph 2 above shall apply in relation to a colony or protectorate with the substitution for references to the United Kingdom and to the Secretary of State of references to that colony or protectorate and to the Governor; and in relation to a colony or protectorate paragraph 3 (1) and (2) shall have effect (with any necessary adaptations) with reference to deportation from the colony or protectorate. 2 In this paragraph " colony ", " protectorate " and " Governor " have the same meanings as they have for purposes of the British Nationality Act 1948, except that "colony" does not include an associated state. 5 1 It is hereby declared that this Schedule extends to each of the associated states ; and in the application of paragraphs 2 and 3 to an associated state — a in paragraph 2 references to the associated state shall be substituted for references to the United Kingdom; and b paragraph 3(1) and (2) shall have effect (with any necessary adaptations) with reference to deportation from the associated state. 2 In paragraph 4 of Schedule 3 to the West Indies Act 1967 (which provides for a person other than the Secretary of State to be given in relation to an associated state certain functions of the Secretary of State, including those under sections of the British Nationality Act 1948 listed in paragraph 4(3)(a)) there shall be inserted at the beginning of sub-paragraph (3)(a) the words " section 5A except as regards registration under section 5A(1) and " : and where by virtue of that paragraph the functions of the Secretary of State under section 6(1) of the British Nationality Act 1948 are exercisable by another person the reference in paragraph 2 above to the Secretary of State shall have effect as a reference to that person. APPENDIX A TO SCHEDULE 1 Provisions to have effect as section 5A of British Nationality Act 1948 5A 1 Subject to the provisions of subsections (5) and (6) below, a citizen of any country mentioned in section 1(3) of this Act, being a person of full age and capacity, shall be entitled, on making application therefor to the Secretary of State in the prescribed manner, to be registered as a citizen of the United Kingdom and Colonies if he satisfies the Secretary of State that — a he is patrial within the meaning of the Immigration Act 1971 by virtue of section 2(1)(d) of that Act or of the reference thereto in section 2(2); and b he fulfils the condition in subsection (3) below. 2 On an application made to the Secretary of State in the prescribed manner, the Secretary of State may cause to be registered as a citizen of the United Kingdom and Colonies any person of full age and capacity who satisfies the Secretary of State that — a he is a citizen of a country mentioned in section 1(3) of this Act or of Eire ; and b he fulfils the condition in subsection (3) below; and c he is of good character ; and d he has sufficient knowledge of the English or Welsh language ; and e he intends in the event of his being registered to reside in the United Kingdom or a colony or protectorate or to enter into or continue in relevant employment. 3 The condition that a person is required by subsection (1)(b) or (2)(b) above to fulfil is that throughout the period of five years ending with the date of his application to be registered, or such shorter period so ending as the Secretary of State may in the special circumstances of any particular case accept, he has been ordinarily resident in the United Kingdom, or engaged in relevant employment, or partly the one and partly the other. 4 For purposes of this section " relevant employment " means — a Crown service under Her Majesty's Government in the United Kingdom ; or b service under an international organisation of which Her Majesty's Government in the United Kingdom is a member ; or c service in the employment of a society, company or body of persons established in the United Kingdom ; and in subsection (2)(e) includes service in the employment of a society, company or body of persons established either in the United Kingdom or in a colony or protectorate. 5 A person shall not be registered under this section wholly or partly by reason of service within subsection (4)(b) or (c) above unless it seems to the Secretary of State fitting that he should be so registered by reason of his close connection with the United Kingdom or, if he is applying for registration under subsection (2), his close connection with the United Kingdom and Colonies. 6 A person who has renounced citizenship of the United Kingdom and Colonies under this Act shall not be entitled to be registered as a citizen thereof under subsection (1) above, but may be so registered with the approval of the Secretary of State. 7 Where a person is a British subject without citizenship by virtue of section 13 or 16 of this Act or (being a woman) is a British subject by virtue of section 1 of the British Nationality Act 1965 by virtue of her having satisfied the Secretary of State that she has been married to a man who was, or but for his death would have been, a British subject as aforesaid, this section shall apply to that person as it applies to a citizen of a country mentioned in section 1(3) of this Act. APPENDIX B TO SCHEDULE 1 Provisions to have effect as section 8(1A) and (1B) of British Nationality Act 1948 1A Except in the Channel Islands and the Isle of Man, subsection (1) above shall not apply to the functions of the Secretary of State as regards registration under section 5A(1) of this Act; and in its application to any of those islands that section shall have effect as if a reference to that island were substituted in section 5A(5) for the first reference to the United Kingdom. 1B Subject to subsection (1A) above, section 5A of this Act shall in its application to any colony or protectorate, have effect as if for the references in subsection (3) and in subsection (4)(c) to the United Kingdom there were substituted references to that colony or protectorate, and as if for the reference to the English or Welsh language in subsection (2)(d) there were substituted a reference to the English language or any other language in current use in that colony or protectorate. APPENDIX C TO SCHEDULE 1 Provisions to have effect as section 9 of British Nationality Act 1948 9 1 A person registered under any of the three last foregoing sections or under section 5A of this Act shall, on taking an oath of allegiance in accordance with subsection (2) below if so required by that subsection, be a citizen of the United Kingdom and Colonies by registration as from the date on which he is registered. 2 A person of full age and capacity shall on registration as mentioned in subsection (1) above, if not already a citizen of a country of which Her Majesty is Queen nor a British subject by virtue of section 1 of the British Nationality Act 1965, take an oath of allegiance in the form specified in the First Schedule to this Act. SCHEDULE 2 Administrative Provisions as to Control on Entry etc. Section 4. PART I General Provisions Immigration officers and medical inspectors 1 1 Immigration officers for the purposes of this Act shall be appointed by the Secretary of State, and he may arrange with the Commissioners of Customs and Excise for the employment of officers of customs and excise as immigration officers under this Act. 2 Medical inspectors for the purposes of this Act may be appointed by the Secretary of State or, in Northern Ireland, by the Minister of Health and Social Services or other appropriate Minister of the Government of Northern Ireland in pursuance of arrangements made between that Minister and the Secretary of State, and shall be fully qualified medical practitioners. 3 In the exercise of their functions under this Act immigration officers shall act in accordance with such instructions (not inconsistent with the immigration rules) as may be given them by the Secretary of State, and medical inspectors shall act in accordance with such instructions as may be given them by the Secretary of State or, in Northern Ireland, as may be given in pursuance of the arrangements mentioned in sub-paragraph (2) above by the Minister making appointments of medical inspectors in Northern Ireland. 4 An immigration officer or medical inspector may board any ship or aircraft for the purpose of exercising his functions under this Act. 5 An immigration officer, for the purpose of satisfying himself whether there are persons he may wish to examine under paragraph 2 below, may search any ship or aircraft and anything on board it, or any vehicle taken off a ship or aircraft on which it has been brought to the United Kingdom. Examination by immigration officers, and medical examination 2 1 An immigration officer may examine any persons who have arrived in the United Kingdom by ship or aircraft (including transit passengers, members of the crew and others not seeking to enter the United Kingdom) for the purpose of determining — a whether any of them is or is not patrial; and b whether, if he is not, he may or may not enter the United Kingdom without leave ; and c whether, if he may not, he should be given leave and for what period and on what conditions (if any), or should be refused leave. 2 Any such person, if he is seeking to enter the United Kingdom, may be examined also by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector. 3 A person, on being examined under this paragraph by an immigration officer or medical inspector, may be required in writing by him to submit to further examination; but a requirement under this sub-paragraph shall not prevent a person who arrives as a transit passenger, or as a member of the crew of a ship or aircraft, or for the purpose of joining a ship or aircraft as a member of the crew, from leaving by his intended ship or aircraft. 3 1 An immigration officer may examine any person who is embarking or seeking to embark in the United Kingdom for the purpose of determining whether he is patrial and, if he is not, for the purpose of establishing his identity. 2 So long as any Order in Council is in force under section 3(7) of this Act, an immigration officer may examine any person who is embarking or seeking to embark in the United Kingdom for the purpose of determining — a whether any of the provisions of the Order apply to him ; and b whether, if so, any power conferred by the Order should be exercised in relation to him and in what way. Information and documents 4 1 It shall be the duty of any person examined under paragraph 2 or 3 above to furnish to the person carrying out the examination all such information in his possession as that person may require for the purpose of his functions under that paragraph. 2 A person on his examination under paragraph 2 or 3 above by an immigration officer shall, if so required by the immigration officer — a produce either a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship ; and b declare whether or not he is carrying or conveying documents of any relevant description specified by the immigration officer, and produce any documents of that description which he is carrying or conveying. In paragraph (b), " relevant description" means any description appearing to the immigration officer to be relevant for the purposes of the examination. 3 Where under sub-paragraph (2)(b) above a person has been required to declare whether or not he is carrying or conveying documents of any description, he and any baggage belonging to him or under his control may be searched with a view to ascertaining whether he is doing so by the immigration officer or a person acting under the directions of the officer : Provided that no woman or girl shall be searched except by a woman. 4 An immigration officer may examine any documents produced pursuant to sub-paragraph (2)(b) above or found on a search under sub-paragraph (3), and may for that purpose detain them for any period not exceeding seven days ; and if on examination of any document so produced or found the immigration officer is of the opinion that it may be needed in connection with proceedings on an appeal under this Act or for an offence, he may detain it until he is satisfied that it will not be so needed. 5 The Secretary of State may by order made by statutory instrument make provision for requiring passengers disembarking or embarking in the United Kingdom, or any class of such passengers, to produce to an immigration officer, if so required, landing or embarkation cards in such form as the Secretary of State may direct, and for requiring the owners or agents of ships and aircraft to supply such cards to those passengers. Notice of leave to enter or of refusal of leave 6 1 Subject to sub-paragraph (3) below, where a person examined by an immigration officer under paragraph 2 above is to be given a limited leave to enter the United Kingdom or is to be refused leave, the notice giving or refusing leave shall be given not later than twelve hours after the conclusion of his examination (including any further examination) in pursuance of that paragraph; and if notice giving or refusing leave is not given him before the end of those twelve hours, he shall (if not patrial) be deemed to have been given indefinite leave to enter the United Kingdom and the immigration officer shall as soon as may be give him written notice of that leave. 2 Where on a person's examination under paragraph 2 above he is given notice of leave to enter the United Kingdom, then at any time before the end of twelve hours from the conclusion of the examination he may be given a further notice in writing by an immigration officer cancelling the earlier notice and refusing him leave to enter. 3 Where in accordance with this paragraph a person is given notice refusing him leave to enter the United Kingdom, that notice may at any time be cancelled by notice in writing given him by an immigration officer; and where a person is given a notice of cancellation under this sub-paragraph, the immigration officer may at the same time give him a limited leave to enter, but in the absence of a notice giving a limited leave the notice of cancellation shall be deemed to be a notice giving him indefinite leave to enter. 4 Where an entrant is a member of a party in charge of a person appearing to the immigration officer to be a responsible person, any notice to be given in relation to that entrant in accordance with this paragraph shall be duly given if delivered to the person in charge of the party. Power to require medical examination after entry 7 If, on a person's examination by an immigration officer under paragraph 2 above, the immigration officer — a determines that he may be given leave to enter the United Kingdom; but b is of opinion, on the advice of a medical inspector or, where no medical inspector is available, on that of any other fully qualified medical practitioner, that a further medical test or examination may be required in the interests of public health; then the immigration officer, on giving that person leave to enter the United Kingdom, may by notice in writing require him to report his arrival to such medical officer of health as may be specified in the notice and thereafter to attend at such place and time, and submit to such test or examination (if any), as that medical officer of health may require. Removal of persons refused leave to enter and illegal entrants 8 1 Where a person arriving in the United Kingdom is refused leave to enter, an immigration officer may, subject to sub-paragraph (2) below — a give the captain of the ship or aircraft in which he arrives directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or b give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents ; or c give those owners or agents directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either — i a country of which he is a national or citizen ; or ii a country or territory in which he has obtained a passport or other document of identity ; or iii a country or territory in which he embarked for the United Kingdom ; or iv a country or territory to which mere is reason to believe that he will be admitted. 2 No directions shall be given under this paragraph in respect of anyone after the expiration of two months beginning with the date on which he was refused leave to enter the United Kingdom. 9 Where an illegal entrant is not given leave to enter or remain in the United Kingdom, an immigration officer may give any such directions in respect of him as in a case within paragraph 8 above are authorised by paragraph 8(1). 10 1 Where it appears to the Secretary of State either — a that directions might be given in respect of a person under paragraph 8 or 9 above, but that it is not practicable for them to be given or that, if given, they would be ineffective ; or b that directions might have been given in respect of a person under paragraph 8 above but that the time limited by paragraph 8(2) has passed ; then the Secretary of State may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 8(1)(c). 2 Where the Secretary of State may give directions for a person's removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Secretary of State to any country or territory to which he could be removed under sub-paragraph (1). 3 The costs of complying with any directions given under this paragraph shall be defrayed by the Secretary of State. 11 A person in respect of whom directions are given under any of paragraphs 8 to 10 above may be placed, under the authority of an immigration officer, on board any ship or aircraft in which he is to be removed in accordance with the directions. Seamen and aircrews 12 1 If, on a person's examination by an immigration officer under paragraph 2 above, the immigration officer is satisfied that he has come to the United Kingdom for the purpose of joining a ship or aircraft as a member of the crew, then the immigration officer may limit the duration of any leave he gives that person to enter the United Kingdom by requiring him to leave the United Kingdom in a ship or aircraft specified or indicated by the notice giving leave. 2 Where a person (not being patrial) arrives in the United Kingdom for the purpose of joining a ship or aircraft as a member of the crew and, having been given leave to enter as mentioned in sub-paragraph (1) above, remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so, an immigration officer may — a give the captain of that ship or aircraft directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or b give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are 'the owners or agents ; or c give those owners or agents directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either — i a country of which he is a national or citizen ; or ii a country or territory in which he has obtained a passport or other document of identity ; or iii a country or territory in which he embarked for the United Kingdom ; or iv a country or territory where he was engaged as a member of the crew of the ship or aircraft which he arrived in the United Kingdom to join ; or v a country or territory to which there is reason to believe that he will be admitted. 13 1 Where a person being a member of the crew of a ship or aircraft is examined by an immigration officer under paragraph 2 above, the immigration officer may limit the duration of any leave he gives that person to enter the United Kingdom — a in the manner authorised by paragraph 12 (1) above ; or b if that person is to be allowed to enter the United Kingdom in order to receive hospital treatment, by requiring him, on completion of that treatment, to leave the United Kingdom in accordance with arrangements to be made for his repatriation ; or c by requiring him to leave the United Kingdom within a specified period in accordance with arrangements to be made for his repatriation. 2 Where a person (not being patrial) arrives in the United Kingdom as a member of the crew of a ship or aircraft, and either — A having lawfully entered the United Kingdom without leave by virtue of section 8(1) of this Act, he remains without leave beyond the time allowed by section 8(1), or is reasonably suspected by an Emigration officer of intending to do so; or B having been given leave limited as mentioned in sub-paragraph (1) above, he remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so ; an immigration officer may — a give the captain of the ship or aircraft in which he arrived directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or b give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents ; or c give those owners or agents directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either — i a country of which he is a national or citizen ; or ii a country or territory in which he has obtained a passport or other document of identity ; or iii a country in which he embarked for the United Kingdom ; or iv a country or territory in which he was engaged as a member of the crew of the ship or aircraft in which he arrived in the United Kingdom ; or v a country or territory to which there is reason to believe that he will be admitted. 14 1 Where it appears to the Secretary of State that directions might be given in respect of a person under paragraph 12 or 13 above, but that it is not practicable for them to be given or that, if given, they would be ineffective, then the Secretary of State may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 12(2)(c) or 13(2)(c). 2 Where the Secretary of State may give directions for a person's removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Secretary of State to any country or territory to which he could be removed under sub-paragraph (1). 3 The costs of complying with any directions given under this paragraph shall be defrayed by the Secretary of State. 15 A person in respect of whom directions are given under any of paragraphs 12 to 14 above may be placed, under the authority of an immigration officer, on board any ship or aircraft in which he is to be removed in accordance with the directions. Detention of persons liable to examination or removal 16 1 A person who may be required to submit to examination under paragraph 2 above may be detained under the authority of an immigration officer pending his examination and pending a decision to give or refuse him leave to enter. 2 A person in respect of whom directions may be given under any of paragraphs 8 to 14 above may be detained under the authority of an immigration officer pending the giving of directions and pending his removal in pursuance of any directions given. 3 A person on board a ship or aircraft may, under the authority of an immigration officer, be removed from the ship or aircraft for detention under this paragraph ; but if an immigration officer so requires the captain of a ship or aircraft shall prevent from disembarking in the United Kingdom any person who has arrived in the United Kingdom in the ship or aircraft and been refused leave to enter, and the captain may for that purpose detain him in custody on board the ship or aircraft. 4 The captain of a ship or aircraft, if so required by an immigration officer, shall prevent from disembarking in the United Kingdom or before the directions for his removal have been fulfilled any person placed on board the ship or aircraft under paragraph 11 or 15 above, and the captain may for that purpose detain him in custody on board the ship or aircraft. 17 1 A person liable to be detained under paragraph 16 above may be arrested without warrant by a constable or by an immigration officer. 2 If — a a justice of the peace is by written information on oath satisfied that there is reasonable ground for suspecting that a person liable to be arrested under this paragraph is to be found on any premises ; or b in Scotland, a sheriff, or a magistrate or justice of the peace, having jurisdiction in the place where the premises are situated is by evidence on oath so satisfied ; he may grant a warrant authorising any constable acting for the police area in which the premises are situated, or in Northern Ireland any constable, at any time or times within one month from the date of the warrant to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting that person. 18 1 Persons may be detained under paragraph 16 above in such places as the Secretary of State may direct (when not detained in accordance with paragraph 16 on board a ship or aircraft). 2 Where a person is detained under paragraph 16, any immigration officer, constable or prison officer, or any other person authorised by the Secretary of State, may take all such steps as may be reasonably necessary for photographing, measuring or otherwise identifying him. 3 Any person detained under paragraph 16 may be taken in the custody of a constable, or of any person acting under the authority of an immigration officer, to and from any place where his attendance is required for the purpose of ascertaining his citizenship or nationality or of making arrangements for his admission to a country or territory other than the United Kingdom, or where he is required to be for any other purpose connected with the operation of this Act. 4 A person shall be deemed to be in legal custody at any time when he is detained under paragraph 16 or is being removed in pursuance of sub-paragraph (3) above. 19 1 Where a person is refused leave to enter the United Kingdom and directions are given in respect of him under paragraph 8 or 10 above, then subject to the provisions of this paragraph the owners or agents of the ship or aircraft in which he arrived shall be liable to pay the Secretary of State on demand any expenses incurred by the latter in respect of the custody, accommodation or maintenance of that person at any time alter his arrival while he was detained or liable to be detained under paragraph 16 above. 2 Sub-paragraph (1) above shall not apply to expenses in respect of a person who, when he arrived in the United Kingdom, held a certificate of patriality or a current entry clearance or was the person named in a current work permit; and for this purpose a document purporting to be a certificate of patriality, entry clearance or work permit is to be regarded as being one unless its falsity is reasonably apparent. 3 If, before the directions for a person's removal under paragraph 8 or 10 above have been carried out, he is given leave to enter the United Kingdom, or if he is afterwards given that leave in consequence of the determination in his favour of an appeal under this Act (being an appeal against a refusal of leave to enter by virtue of which the directions were given), or it is determined on an appeal under this Act that he does not require leave to enter (being an appeal occasioned by such a refusal), no sum shall be demanded under sub-paragraph (1) above for expenses incurred in respect of that person and any sum already demanded and paid shall be refunded. 4 Sub-paragraph (1) above shall not have effect in relation to directions which, in consequence of an appeal under this Act, have ceased to have effect or are for the time being of no effect; and the expenses to which that sub-paragraph applies include expenses in conveying the person in question to and from the place where he is detained or accommodated unless the journey is made for the purpose of attending an appeal by him under this Act. 20 1 Subject to the provisions of this paragraph, in either of the following cases, that is to say, — a where directions are given in respect of an illegal entrant under paragraph 9 or 10 above; and b where a person has lawfully entered the United Kingdom without leave by virtue of section 8(1) of this Act, but directions are given in respect of him under paragraph 13(2)(A) above or, in a case within paragraph 13(2)(A), under paragraph 14 ; the owners or agents of the ship or aircraft in which he arrived in the United Kingdom shall be liable to pay the Secretary of State on demand any expenses incurred by the latter in respect of the custody, accommodation or maintenance of that person at any time after his arrival while he was detained or liable to be detained under paragraph 16 above. 2 If, before the directions for a person's removal from the United Kingdom have been carried out, he is given leave to remain in the United Kingdom, no sum shall be demanded under sub-paragraph (1) above for expenses incurred in respect of that person and any sum already demanded and paid shall be refunded. 3 Sub-paragraph (1) above shall not have effect in relation to directions which, in consequence of an appeal under this Act, are for the time being of no effect; and the expenses to which that sub-paragraph applies include expenses in conveying the person in question to and from the place where he is detained or accommodated unless the journey is made for the purpose of attending an appeal by him under this Act. Temporary admission or release of persons liable to detention 21 1 A person liable to detention or detained under paragraph 16 above may, under the written authority of an immigration officer, be temporarily admitted to the United Kingdom without being detained or be released from detention; but this shall not prejudice a later exercise of the power to detain him. 2 So long as a person is at large in the United Kingdom by virtue of this paragraph, he shall be subject to such restrictions as to residence and as to reporting to the police or an immigration officer as may from time to time be notified to him in writing by an immigration officer. 22 1 A person detained under paragraph 16(1) above pending examination may, if seven days have elapsed since the date of his arrival in the United Kingdom, be released on bail by an adjudicator on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before an immigration officer at a time and place named in the recognizance or bail bond or at such other time or place as may in the meantime be notified to him in writing by an immigration officer. 2 The conditions of a recognizance or bail bond taken under this paragraph may include conditions appearing to the adjudicator to be likely to result in the appearance of the person bailed at the required time and place; and any recognizance shall be with or without sureties as the adjudicator may determine. 3 In any case in which an adjudicator has power under this paragraph to release a person on bail, the adjudicator may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by the adjudicator; and on the recognizance or bail bond being so taken the person to be bailed shall be released. 23 1 Where a recognizance entered into under paragraph 22 above appears to an adjudicator to be forfeited, the adjudicator may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as the adjudicator thinks fit; and an order under this sub-paragraph shall specify a magistrates' court or, in Northern Ireland, court of summary jurisdiction, and — a the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified ; and b the adjudicator shall, as soon as practicable, give particulars of the recognizance to the clerk of that court. 2 Where a person released on bail under paragraph 22 above as it applies in Scotland fails to comply with the terms of his bail bond, an adjudicator may declare the bail to be forfeited, and any bail so forfeited shall be transmitted by the adjudicator to the sheriff court having jurisdiction in the area where the proceedings took place, and shall be treated as having been forfeited by that court. 3 Any sum the payment of which is enforceable by a magistrates' court in England or Wales by virtue of this paragraph shall be treated for the purposes of the Justices of the Peace Act 1949 and, in particular, section 27 thereof as 'being due under a recognizance forfeited by such a court and as being Exchequer moneys. 4 Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the Administration of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance. 24 1 An immigration officer or constable may arrest without warrant a person who has been released by virtue of paragraph 22 above — a if he has reasonable grounds for believing that that person is likely to break the condition of his recognizance or bail bond that he will appear at the time and place required or to break any other condition of it, or has reasonable ground to suspect that that person is breaking or has broken any such other condition ; or b if, a recognizance with sureties having been taken, he is notified in writing by any surety of the surety's belief that that person is likely to break the first-mentioned condition, and of the surety's wish for that reason to be relieved of his obligations as a surety ; and paragraph 17(2) above shall apply for the arrest of a person under this paragraph as it applies for the arrest of a person under paragraph 17. 2 A person arrested under this paragraph — a if not required by a condition on which he was released to appear before an immigration officer within twenty-four hours after the time of his arrest, shall as soon as practicable be brought before an adjudicator or, if that is not practicable within those twenty-four hours, before a justice of the peace acting for the petty sessions area in which he is arrested or, in Scotland, the sheriff; and b if required by such a condition to appear within those twenty-four hours before an immigration officer, shall be brought before that officer. 3 An adjudicator, justice of the peace or sheriff before whom a person is brought by virtue of sub-paragraph (2)(a) above — a if of the opinion that that person has broken or is likely to break any condition on which he was released, may either — i direct that he be detained under the authority of the person by whom he was arrested; or ii release him, on his original recognizance or on a new recognizance, with or without sureties, or, in Scotland, on his original bail or on new bail; and b if not of that opinion, shall release him on his original recognizance or bail. 25 The power to make rules of procedure conferred by section 22 of this Act shall include power to make rules with respect to applications to an adjudicator under paragraphs 22 to 24 above and matters arising out of such applications. Supplementary duties of those connected with ships or aircraft or with ports 26 1 The owners or agents of a ship or aircraft employed to carry passengers for reward shall not, without the approval of the Secretary of State, arrange for the ship or aircraft to call at a port in the United Kingdom other than a port of entry for the purpose of disembarking passengers, if any of the passengers on board may not enter the United Kingdom without leave and have not been given leave, or for the purpose of embarking passengers unless the owners or agents have reasonable cause to believe all of them to be patrial. 2 The Secretary of State may from time to time give written notice to the owners or agents of any ships or aircraft designating control areas for the embarkation or disembarkation of passengers in any port in the United Kingdom, and specifying the conditions and restrictions (if any) to be observed in any control area ; and where by notice given to any owners or agents a control area is for the time being designated for the embarkation or disembarkation of passengers at any port, the owners or agents shall take all reasonable steps to secure that, in the case of their ships or aircraft, passengers do not embark or disembark, as the case may be, at the port outside the control area and that any conditions or restrictions notified to them are observed. 3 The Secretary of State may also from time to time give to any persons concerned with the management of a port in the United Kingdom written notice designating control areas in the port and specifying conditions or restrictions to be observed in any control area; and any such person shall take all reasonable steps to secure that any conditions or restrictions as notified to him are observed. 27 1 The captain of a ship or aircraft arriving in the United Kingdom — a shall take such steps as may be necessary to secure that persons on board do not disembark there unless either they have been examined by an immigration officer, or they disembark in accordance with arrangements approved by an immigration officer, or they are members of the crew who may lawfully enter the United Kingdom without leave by virtue of section 8(1) of this Act; and b where the examination of persons on board is to be carried out on the ship or aircraft, shall take such steps as may be necessary to secure that those to be examined are presented for the purpose in an orderly manner. 2 The Secretary of State may by order made by statutory instrument make provision for requiring captains of ships or aircraft arriving in the United Kingdom, or of such of them as arrive from or by way of countries or places specified in the order, to furnish to immigration officers — a a passenger list showing the names and nationality or citizenship of passengers arriving on board the ship or aircraft; b particulars of members of the crew of the ship or aircraft; and for enabling an immigration officer to dispense with the furnishing of any such list or particulars. PART II Effect of Appeals Stay on directions for removal 28 1 Where a person in the United Kingdom appeals under section 13(1) of this Act on being refused leave to enter, any directions previously given by virtue of the refusal for his removal from the United Kingdom shall cease to have effect, except in so far as they have already been carried out, and no directions shall be so given so long as the appeal is pending. 2 Where a person in the United Kingdom appeals under section 16 or 17 of this Act against any directions given under Part I of this Schedule for his removal from the United Kingdom, those directions, except in so far as they have already been carried out, shall be of no effect so long as the appeal is pending. 3 Notwithstanding sub-paragraph (1) or (2) above, the provisions of Part I of this Schedule with respect to detention and persons liable to detention shall apply to a person appealing under section 13(1), 16 or 17 of this Act as if there were in force directions for his removal from the United Kingdom, except that he shall not be detained on board a ship or aircraft so as to compel him to leave the United Kingdom while the appeal is pending. 4 In calculating the period of two months limited by paragraph 8(2) above for the giving of directions under that paragraph for the removal of a person from the United Kingdom, there shall be disregarded any period during which there is pending an appeal by him under section 13(1) or 17 of this Act. 5 For purposes of sub-paragraphs (1) to (3) above (but not for purposes of sub-paragraph (4)), where an appeal to an adjudicator is dismissed, an appeal shall not be regarded as pending unless forthwith after the dismissal — a the appellant duly gives notice of appeal against the determination of the adjudicator ; or b in a case in which leave to appeal against that determination is required and the adjudicator has power to grant leave, the appellant duly applies for and obtains the leave of the adjudicator. 6 Where directions are given under Part I of this Schedule for anyone's removal from the United Kingdom, and directions are also so given for the removal with him of persons belonging to his family, then if any of them appeals under section 13(1), 16 or 17 of this Act, the appeal shall have the like effect under this paragraph in relation to the directions given in respect of each of the others as it has in relation to the directions given in respect of the appellant. Grant of bail pending appeal 29 1 Where a person (in the following provisions of this Schedule referred to as " an appellant") has an appeal pending under section 13(1), 16 or 17 of this Act and is for the time being detained under Part I of this Schedule, he may be released on bail in accordance with this paragraph. 2 An immigration officer not below the rank of chief immigration officer or a police officer not below the rank of inspector may release an appellant on his entering into a recognizance or, in Scot-, land, bail bond conditioned for his appearance before an adjudicator or the Appeal Tribunal at a time and place named in the recognizance or bail bond. 3 An adjudicator may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before that or any other adjudicator or the Appeal Tribunal at a time and place named in the recognizance or bail bond; and where an adjudicator dismisses an appeal but grants leave to the appellant to appeal to the Tribunal, or, in a case in which leave to appeal is not required, the appellant has duly given notice of appeal to the Tribunal, the adjudicator shall, if the appellant so requests, exercise his powers under this sub-paragraph. 4 Where an appellant has duly applied for leave to appeal to the Appeal Tribunal, the Tribunal may release him on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before the Tribunal at a time and place named in the recognizance or bail bond ; and where — a the Tribunal grants leave to an appellant to appeal to the Tribunal; or b in a case in which leave to appeal is not required, the appellant has duly given notice of appeal to the Tribunal; the Tribunal shall, if the appellant so requests, release him as aforesaid. 5 The conditions of a recognizance or bail bond taken under this paragraph may include conditions appearing to the person fixing the bail to be likely to result in the appearance of the appellant at the time and place named ; and any recognizance shall be with or without sureties as that person may determine. 6 In any case in which an adjudicator or the Tribunal has power or is required by this paragraph to release an appellant on bail, the adjudicator or Tribunal may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by the adjudicator or the Tribunal; and on the recognizance or bail bond being so taken the appellant shall be released. Restrictions on grant of bail 30 1 An appellant shall not be released under paragraph 29 above without the consent of the Secretary of State if directions for the removal of the appellant from the United Kingdom are for the time being in force, or the power to give such directions is for the time being exercisable. 2 Notwithstanding paragraph 29(3) or (4) above, an adjudicator and the Tribunal shall not be obliged to release an appellant unless the appellant enters into a proper recognizance, with sufficient and satisfactory sureties if required, or in Scotland sufficient and satisfactory bail is found if so required ; and an adjudicator and the Tribunal shall not be obliged to release an appellant if it appears to the adjudicator or the Tribunal, as the case may be — a that the appellant, having on any previous occasion been released on bail (whether under paragraph 24 or under any other provision), has failed to comply with the conditions of any recognizance or bail bond entered into by him on that occasion; b that the appellant is likely to commit an offence unless he is retained in detention ; c that the release of the appellant is likely to cause danger to public health; d that the appellant is suffering from mental disorder and that his continued detention is necessary in his own interests or for the protection of any other person ; or e that the appellant is under the age of seventeen, that arrangements ought to be made for his care in the event of his release and that no satisfactory arrangements for that purpose have been made. Forfeiture of recognizances 31 1 Where under paragraph 29 above (as it applies in England and Wales or in Northern Ireland) a recognizance is entered into conditioned for the appearance of an appellant before an adjudicator or the Tribunal, and it appears to the adjudicator or the Tribunal, as the case may be, to be forfeited, the adjudicator or Tribunal may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as the adjudicator or Tribunal thinks fit. 2 An order under this paragraph shall, for the purposes of this sub-paragraph, specify a magistrates' court or, in Northern Ireland, court of summary jurisdiction ; and the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified. 3 Where an adjudicator or the Tribunal makes an order under this paragraph the adjudicator or Tribunal shall, as soon as practicable, give particulars of the recognizance to the clerk of the court specified in the order in pursuance of sub-paragraph (2) above. 4 Any sum the payment of which is enforceable by a magistrates' court in England or Wales by virtue of this paragraph shall be treated for the purposes of the Justices of the Peace Act 1949 and, in particular, section 27 thereof as being due under a recognizance forfeited by such a court and as being Exchequer moneys. 5 Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the Administration of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance. 32 Where under paragraph 29 above (as it applies in Scotland) a person released on bail fails to comply with the terms of a bail bond conditioned for his appearance before an adjudicator or the Tribunal, the adjudicator or Tribunal may declare the bail to be forfeited, and any bail so forfeited shall be transmitted by the adjudicator or the Tribunal to the sheriff court having jurisdiction in the area where the proceedings took place, and shall be treated as having been forfeited by that court. Arrest of appellants released on bail 33 1 An immigration officer or constable may arrest without warrant a person who has been released by virtue of this Part of this Schedule — a if he has reasonable grounds for believing that that person is likely to break the condition of his recognizance or bail bond that he will appear at the time and place required or to break any other condition of it, or has reasonable ground to suspect that that person is breaking or has broken any such other condition ; or b if, a recognizance with sureties having been taken, he is notified in writing by any surety of the surety's belief that that person is likely to break the first-mentioned condition, and of the surety's wish for that reason to be relieved of his obligations as a surety ; and paragraph 17(2) above shall apply for the arrest of a person under this paragraph as it applies for the arrest of a person under paragraph 17. 2 A person arrested under this paragraph — a if not required by a condition on which he was released to appear before an adjudicator or Tribunal within twenty-four hours after the time of his arrest, shall as soon as practicable be brought before an adjudicator or, if that is not practicable within those twenty-four hours, before a justice of the peace acting for the petty sessions area in which he is arrested or, in Scotland, the sheriff; and b if required by such a condition to appear within those twenty-four hours before an adjudicator or before the Tribunal, shall be brought before that adjudicator or before the Tribunal, as the case may be. 3 An adjudicator, justice of the peace or sheriff before whom a person is brought by virtue of sub-paragraph (2)(a) above — a if of the opinion that that person has broken or is likely to break any condition on which he was released, may either — i direct that he be detained under the authority of the person by whom he was arrested ; or ii release him on his original recognizance or on a new recognizance, with or without sureties, or, in Scotland, on his original bail or on new bail; and b if not of that opinion, shall release him on his original recognizance or bail. SCHEDULE 3 Supplementary Provisions as to Deportation Section 5. Removal of persons liable to deportation 1 1 Where a deportation order is in force against any person, the Secretary of State may give directions for his removal to a country or territory specified in the directions being either — a a country of which he is a national or citizen ; or b a country or territory to which there is reason to believe that he will be admitted. 2 The directions under sub-paragraph (1) above may be either — a directions given to the captain of a ship or aircraft about to leave the United Kingdom requiring him to remove the person in question in that ship or aircraft; or b directions given to the owners or agents of any ship or aircraft requiring them to make arrangements for his removal in a ship or aircraft specified or indicated in the directions ; or c directions for his removal in accordance with arrangements to be made by the Secretary of State. 3 In relation to directions given under this paragraph, paragraphs 11 and 16(4) of Schedule 2 to this Act shall apply, with the substitution of references to the Secretary of State for references to an immigration officer, as they apply in relation to directions for removal given under paragraph 8 of that Schedule. 4 The Secretary of State, if he thinks fit, may apply in or towards payment of the expenses of or incidental to the voyage from the United Kingdom of a person against whom a deportation order is in force, or the maintenance until departure of such a person and his dependants, if any, any money belonging to that person ; and except so far as they are paid as aforesaid, those expenses shall be defrayed by the Secretary of State. Detention or control pending deportation 2 1 Where a recommendation for deportation made by a court is in force in respect of any person, and that person is neither detained in pursuance of the sentence or order of any court nor for the time being released on bail by any court having power so to release him, he shall, unless the court by which the recommendation is made otherwise directs, be detained pending the making of a deportation order in pursuance of the recommendation, unless the Secretary of State directs him to be released pending further consideration of his case. 2 Where notice has been given to a person in accordance with regulations under section 18 of this Act of a decision to make a deportation order against him, and he is neither detained in pursuance of the sentence or order of a court nor for the time being released on bail by a court having power so to release him, he may be detained under the authority of the Secretary of State pending the making of the deportation order. 3 Where a deportation order is in force against any person, he may be detained under the authority of the Secretary of State pending his removal or departure from the United Kingdom (and if already detained by virtue of sub-paragraph (1) or (2) above when the order is made, shall continue to be detained unless the Secretary of State directs otherwise). 4 In relation to detention under sub-paragraph (2) or (3) above, paragraphs 17 and 18 of Schedule 2 to this Act shall apply as they apply in relation to detention under paragraph 16 of that Schedule. 5 A person liable to be detained under sub-paragraph (2) or (3) above shall, while not so detained, be subject to such restrictions as to residence and as to reporting to the police as may from time to time be notified to him in writing by the Secretary of State. Effect of appeals 3 Part II of Schedule 2 to this Act, so far as it relates to appeals under section 16 or 17, shall apply for purposes of this Schedule as if the references in paragraph 28(2), (3) and (6) and in paragraph 29(1) to Part I of that Schedule were references to this Schedule ; and paragraphs 29 to 33 shall apply in like manner in relation to appeals under section 15(1)(a). SCHEDULE 4 Integration with United Kingdom Law of Immigration Law of Islands Section 9. Leave to enter 1 1 Where under the immigration laws of any of the Islands a person is or has been given leave to enter or remain in the island, or is or has been refused leave, this Act shall have effect in relation to him, if he is not patrial, as if the leave were leave (of like duration) given under this Act to enter or remain in the United Kingdom, or, as the case may be, as if he had under this Act been refused leave to enter the United Kingdom. 2 Where under the immigration laws of any of the Islands a person has a limited leave to enter or remain in the island subject to any such conditions as are authorised in the United Kingdom by section 3(1) of this Act (being conditions imposed by notice given to him, whether the notice of leave or a subsequent notice), then on his coming to the United Kingdom this Act shall apply, if he is not patrial, as if those conditions related to his stay in the United Kingdom and had been imposed by notice under this Act. 3 Without prejudice to the generality of sub-paragraphs (1) and (2) above, anything having effect in the United Kingdom by virtue of either of those sub-paragraphs may in relation to the United Kingdom be varied or revoked under this Act in like manner, and subject to the like appeal (if any), as if it had originated under this Act as mentioned in that sub-paragraph. 4 Where anything having effect in the United Kingdom by virtue of sub-paragraph (1) or (2) above ceases to have effect or is altered in effect as mentioned in sub-paragraph (3) or otherwise by anything done under this Act, sub-paragraph (1) or (2) shall not thereafter apply to it or, as the case may be, shall apply to it as so altered in effect. 5 Nothing in this paragraph shall be taken as conferring on a person a right of appeal under this Act against any decision or action taken in any of the Islands. 2 Notwithstanding section 3(4) of this Act, leave given to a person under this Act to enter or remain in the United Kingdom shall not continue to apply on his return to the United Kingdom after an absence if he has during that absence entered any of the Islands in circumstances in which he is required under the immigration laws of that island to obtain leave to enter. Deportation 3 1 Subject to sub-paragraph (2) below, where under the immigration laws of any of the Islands, a person is or has been ordered to leave the island and forbidden to return, then, if he is not patrial, this Act shall have effect in relation to him as if the order were a deportation order made against him under this Act. 2 The Secretary of State shall not by virtue of sub-paragraph (1) above have power to revoke a deportation order made in any of the Islands, but may in any particular case direct that sub-paragraph (1) shall not apply in relation to an order so made ; and nothing in this paragraph shall render it unlawful for a person in respect of whom such an order is in force in any of the Islands to enter the United Kingdom on his way from that island to a place outside the United Kingdom. Illegal entrants 4 Notwithstanding anything in section 1(3) of this Act, it shall not be lawful for a person who is not patrial to enter the United Kingdom from any of the Islands where his presence was unlawful under the immigration laws of that island, unless he is given leave to enter. SCHEDULE 5 The Adjudicators and the Tribunal Section 12. PART I The Adjudicators 1 There shall be such number of adjudicators as the Secretary of State may with the consent of the Minister for the Civil Service determine, and the Secretary of State shall appoint one of them as chief adjudicator. 2 1 An adjudicator shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment. 2 An adjudicator may at any time by notice in writing to the Secretary of State resign his office. 3 The Secretary of State shall pay — a to the adjudicators, such remuneration and allowances as he may, with the approval of the Minister for the Civil Service, determine; b as regards any of the adjudicators in whose case he may so determine with the approval of the Minister for the Civil Service, such pension, allowance or gratuity to or in respect of him, or such sums towards the provision of such pension, allowance or gratuity, as may be so determined; and, if a person ceases to be an adjudicator and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may, with the approval of the said Minister, pay to that person a sum of such amount as the Secretary of State may, with the approval of that Minister, determine. 4 In Part III of Schedule 1 to the House of Commons Disqualification Act 1957 (which lists offices the holders of which are disqualified for membership of the House of Commons), and in the said Part III as it applies by virtue of Schedule 3 to that Act in relation to the Senate and House of Commons of Northern Ireland, there shall be inserted at the appropriate point the words " Adjudicator appointed for the purposes of the Immigration Act 1971 ". 5 The adjudicators shall sit at such times and in such places as the Secretary of State may direct; and the chief adjudicator shall allocate duties among the adjudicators and have such other functions as may be conferred on him by the Secretary of State. PART II The Tribunal Members 6 The Tribunal shall consist of such number of members as the Lord Chancellor may determine, and the Lord Chancellor shall appoint one of them to be president. 7 The president and such number of the other members of the Tribunal as the Lord Chancellor may determine shall be barristers, advocates or solicitors, in each case of not less than seven years standing. 8 1 A member of the Tribunal shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment. 2 Any member of the Tribunal may at any time by notice in writing to the Lord Chancellor resign his office. 9 The Secretary of State shall pay — a to the members of the Tribunal, such remuneration and allowances as he may, with the approval of the Minister for the Civil Service, determine ; b as regards any member in whose case he may so determine with the approval of the Minister for the Civil Service, such pension, allowance or gratuity to or in respect of him, or such sums towards the provision of such pension, allowance or gratuity, as may be so determined ; and, if a person ceases to be a member of the Tribunal and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may, with the approval of the said Minister, pay to that person a sum of such amount as the Secretary of State may, with the approval of that Minister, determine. 10 In Part II of Schedule 1 to the House of Commons Disqualification Act 1957 (which lists bodies of which all members are disqualified for membership of the House of Commons), and in the said Part II as it applies by virtue of Schedule 3 to that Act in relation to the Senate and House of Commons of Northern Ireland, there shall be inserted at the appropriate point the words " The Immigration Appeal Tribunal ". Proceedings 11 For the purpose of hearing and determining appeals under Part II of this Act or any matter preliminary or incidental to any such appeal, the Tribunal shall sit at such times and in such place or places as the Lord Chancellor may direct, and may sit in two or more divisions. 12 Subject to rules of procedure, the Tribunal shall be deemed to be duly constituted if it consists of three members (or a greater uneven number of members) of whom at least one is qualified as mentioned in paragraph 7 of this Schedule; and the determination of any question before the Tribunal shall be according to the opinion of the majority of the members hearing the case. 13 The Lord Chancellor may appoint members of the Tribunal who are qualified as mentioned in paragraph 7 of this Schedule to act on behalf of the president in his temporary absence or inability to act. 14 The president or, in his absence, the member qualified as mentioned in paragraph 7 of this Schedule (or, if there is more than one such member present, the senior of them) shall preside at a sitting of the Tribunal. PART III Staff and Expenses 15 The Secretary of State may appoint such officers and servants for the adjudicators and the Tribunal as he may, with the approval of the Minister for the Civil Service as to remuneration and numbers, determine. 16 The remuneration of officers and servants appointed as aforesaid, and such expenses of the adjudicators and the Tribunal as the Secretary of State may with the approval of the Minister for the Civil Service determine, shall be defrayed by the Secretary of State. SCHEDULE 6 Repeals Section 34. Chapter Short title Extent of repeal 4 & 5 Geo. 5. c. 12 . The Aliens Restriction Act 1914. The whole Act. 9 & 10 Geo. 5. c. 92 . The Aliens Restriction (Amendment) Act 1919. Section 1. Section 2(1). Section 13(3). Section 14(1). 11 & 12 Geo. 6. c. 56 . The British Nationality Act 1948. Section 6(1). In section 6(2), the words from "and, if" to "Act". Section 8(1) from "and as if" onwards. 6 & 7 Eliz. 2. c. 10 . The British Nationality Act 1958. Section 3(2). In section 5(3) the words from " including " to " this Act ". 10 & 11 Eliz. 2. c. 21 . The Commonwealth Immigrants Act 1962. The whole Act, except section 12(2) and (4) and section 20(1) and (3). In section 12(2) the words from the beginning to " six, and ". 1964 c. 81 . The Diplomatic Privileges Act 1964. Section 5(1). 1965 c. 34 . The British Nationality Act 1965. Section 2(3). 1967 c. 4 . The West Indies Act 1967. In Schedule 3, paragraph 3. 1967 c. 80 . The Criminal Justice Act 1967. Section 58. 1968 c. 9 . The Commonwealth Immigrants Act 1968. The whole Act. 1968 c. 19 . The Criminal Appeal Act 1968. In section 51(1), the definition of " recommendation for deportation ". 1968 c. 59 . The Hovercraft Act 1968. In paragraph 1 of the Schedule, sub-paragraph (f) and the words from " and 1962 " to " 1968 ". 1969 c. 21 . The Immigration Appeals Act 1969. The whole Act. 1970 c. 58 . The Expiring Laws Continuance Act 1970. The whole Act.

The Superannuation (Pest Infestation Laboratory and Civil Service) Transfer Rules 1971 The Minister for the Civil Service, in exercise of the powers conferred on him by section 33 of the Superannuation Act 1965, and of all other powers enabling him in that behalf, hereby makes the following Rules: — 1 These Rules may be cited as the Superannuation (Pest Infestation Laboratory and Civil Service) Transfer Rules 1971, and shall come into operation on 17th November 1971. 2 The Interpretation Act 1889shall apply for the interpretation of these Rules as it applies for the interpretation of an Act of Parliament. 3 1 Subject to the provisions of paragraph (3) below, where a person was on 1st November 1970 taken into the civil service of the State as an officer of the Ministry of Agriculture, Fisheries and Food or of the Ministry of Public Building and Works after having been employed by the Agricultural Research Council in their Pest Infestation Laboratory, and his employment by the Council was, in the opinion of the Minister for the Civil Service, of the same nature and for the same purpose as his employment in the service of the State, his service in employment by the Council, not being service before he attained the age of eighteen years, may be reckoned for the purposes of the Superannuation Acts 965 and 1967 as employment in an unestablished capacity within the meaning of section 99(1) of the Superannuation Act 1965. 2 Where a person to whom the foregoing paragraph applies was, before he was taken into the civil service of the State, subject to a superannuation scheme operated under the Federated Superannuation System for Universities or subject to the Superannuation Scheme administered by the Agricultural Research Council for members of its Clerical and Technical Staff, it shall be a condition of the making of any payment under the Superannuation Acts 1965 and 1967 in respect of that person's service, so far as that payment is dependant on the provisions of the foregoing paragraph, that any policies of insurance purchased in respect of him under either of those Superannuation Schemes have, within three months after the coming into operation of these Rules or within such longer period as the Minister for the Civil Service may allow in any particular case, been assigned to such person and in such manner as the Minister may direct. 3 These Rules shall not apply to a person who a had the opportunity, while he was employed by the Agricultural Research Council, to become a member of the Superannuation Scheme administered by the Agricultural Research Council for members of its Clerical and Technical Staff, but refused to become a member of that Scheme; or b was, immediately prior to his employment by the Agricultural Research Council, employed in an established capacity in the civil service of the State and while so employed exercised an option to remain subject to a superannuation scheme operated under the Federated Superannuation System for Universities, and remained subject to that scheme while he was employed by the Agricultural Research Council; or c was employed in the civil service of the State immediately prior to his employment by the Agricultural Research Council and during the whole of both such employments was eligible for superannuation benefits under, or by reference to, the Superannuation Acts 1965 and 1967. 4 These Rules shall not have effect so as to authorise an increase in an annual superannuation allowance or pension so far as the allowance or pension is payable in respect of a period before the coming into operation of these Rules. Given under the official seal of the Minister for the Civil Service on 26th October 1971. K. H. McNeill Authorised by the Minister for the Civil Service

Mines Management Act 1971 Managers' assistants. 1 1 The owner of a mine of any such class or description as may be prescribed may appoint, in addition to the manager and any under-manager, one or more persons to assist the manager in the management and control of the mine by carrying out such duties as may be assigned to them by the manager; and in determining what officials and others require to be appointed by the manager under section 13 of the Mines and Quarries Act 1954 account shall be taken of activities undertaken in person by persons appointed under this subsection as if those activities were undertaken in person by the manager. 2 Subject to the provisions of this section, a person appointed by the owner of a mine under subsection (1) above may, by written instructions given to him by the manager, be given (in relation either to the whole mine or to any specified part of it) such statutory responsibilities of the manager as may be specified in the instructions, and for the discharge of those responsibilities shall, subject to anything to the contrary in the instructions, have the same authority over other persons as the manager has; and any such instructions may be varied or cancelled by further written instructions so given, but not otherwise. 3 In section 3(2) and (3) of the Mines and Quarries Act 1954 (which relate to the rights of a mine manager with respect to instructions given by or on' behalf of the owner) any reference to an under-manager shall include a manager's assistant; and sections 152, 155 and 164 of that Act, together with section 9 of the Mines and Quarries (Tips) Act 1969 (which relate to the liability of the manager of a mine and others for contraventions of the Mines and Quarries Acts 1954 and 1969 and of regulations etc.) shall apply to a manager's assistant at a mine as they apply to the manager. In this subsection " manager's assistant" means a person having written instructions under subsection (2) above, but the references to a manager's assistant do not apply to any such person in relation to a matter or to a part of the mine to which those instructions do not extend. 4 There shall be excepted from the statutory responsibilities that may be given to a person by instructions under subsection (2) above — a responsibility for the making of any appointment; and b responsibility for the giving of any notice under or by virtue of sections 116 to 118 of the Mines and Quarries Act 1954 (notification of accidents, dangerous occurrences and diseases); and c responsibility for the making of transport rules or support rules, or of tipping rules within the meaning of the Mines and Quarries (Tips) Act 1969; and d such other responsibilities as may be prescribed. 5 Regulations may also provide that a person shall not be capable of being given, or having, by virtue of instructions under subsection (2) above, any statutory responsibilities specified in the regulations, unless he has such qualifications or satisfies such other conditions as may be prescribed; and where provision is so made by regulations, and a mine or any part thereof is worked, or any operations in a mine are carried on, by a contractor, then neither the contractor nor any person employed by him shall be capable of being given, or having, those statutory responsibilities, notwithstanding that he has the prescribed qualifications or satisfies the prescribed conditions. 6 If any person, knowing that under subsection (5) above he is not capable of having a statutory responsibility of the manager, acts in the discharge of that responsibility as having been given to him by instructions under subsection (2), he shall be guilty of an offence. 7 Where the manager of a mine gives any instructions under subsection (2) above, he shall forthwith send to the inspector for the district a copy of the instructions and, if they give any person any statutory responsibility or additional statutory responsibility, a notice giving such particulars with respect to his qualifications as may be specified by the Secretary of State; and if he fails so to do he shall be guilty of an offence. Under-managers. 2 1 If at a mine to which this section applies — a an under-manager has written instructions from the manager specifying the times when the under-manager is required to be on duty at the mine; and b while those instructions are in force there is any contravention in relation to which section 152(1) of the Mines and Quarries Act 1954 applies; then in any proceedings which by virtue of section 152(1) are taken in respect of the contravention against the under-manager as such, it shall be a defence for him to prove — i that the contravention did not take place at a time when he was required by those instructions to be, or was, on duty at the mine as under-manager; and ii that no act or omission of his caused or contributed to the contravention. 2 Any instructions given to an under-manager for purposes of this section may be varied or cancelled by further written instructions given to him by the manager, but not otherwise. 3 Where instructions are given for purposes of this section specifying times when an under-manager is required to be on duty at a mine, the manager of the mine shall preserve a copy of the instructions for three years after they cease to be operative; and if he fails to do so, he shall be guilty of an offence. 4 This section shall apply to mines of any such class or description as may be prescribed, other than a mine the working whereof is unlawful unless there is at least one under-manager. Interpretation etc. 3 1 In this Act the expression " mine" and other expressions to which a meaning is assigned by the Mines and Quarries Act 1954 for purposes of that Act shall be construed as if contained in that Act, and in the following provisions of that Act references to that Act shall extend also to this Act, namely, — a section 141(1) to (3) (power to make regulations); b sections 144 and 145 (inspectors); c section 175 (service of notices); and d section 179 (application to the Crown). 2 Any provision of the Mines and Quarries Act 1954 which relates generally to offences under that Act shall have effect in relation to offences under section 1(6) or (7) or section 2(3) of this Act as if those subsections were contained in that Act. 3 Section 135 of the Mines and Quarries Act 1954 (which requires that copies of that Act and of other instruments shall be provided at a mine or quarry) shall, in its application to a mine to which section 1 or 2 of this Act applies, have effect as if any reference in the section to that Act included a reference to this Act. Citation and extent. 4 1 This Act may be cited as the Mines Management Act 1971, and the Mines and Quarries Acts 1954 and 1969 and this Act may be cited together as the Mines and Quarries Acts 1954 to 1971. 2 This Act does not extend to Northern Ireland.

The Driver's Hours (Passenger and Goods Vehicles) (Modifications) Order 1971 The Secretary of State for the Environment, in exercise of his powers under sections 96(12), 101 and 157 of the Transport Act 1968 and of all other enabling powers, and after consultation with representative organisations in accordance with section 101(6) of that Act, hereby makes the following Order: — PART I GENERAL Commencement, citation and interpretation 1 This Order shall come into operation on the 29th May 1971 and may be cited as the Drivers' Hours (Passenger and Goods Vehicles) (Modifications) Order 1971. 2 1 In this Order, “ the Act ” means the Transport Act 1968 and any other expression which is also used in Part VI of the Act has the same meaning as in that Part . 2 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament, and as if for the purposes of section 38 of that Act this Order were an Act of Parliament and the Order revoked by Article 3 below were an Act of Parliament thereby repealed. PART II DRIVERS OF PASSENGER VEHICLES 3 The Drivers' Hours (Passenger Vehicles) (Modifications) Order 1970 is hereby revoked. 4 1 Where during any working day, or during each working day which falls wholly or partly within any working week, a driver spends all or the greater part of the time when he is driving vehicles to which Part VI of the Act applies in driving one or more passenger vehicles, then, as respects that driver and that working day or working week (as the case may be), the provisions of section 96 of the Act (permitted driving time and periods of duty of drivers of certain vehicles) and of section 103 thereof (interpretation of Part VI of the Act) mentioned in paragraphs (2) to (8) below shall have effect with the modifications or amendments respectively specified in those paragraphs. 2 Section 96(2) (interval for rest between periods of duty) shall have effect as if for the words from “if on any working day” onwards there were substituted the following words: — if on any working day a driver has been driving a vehicle or vehicles to which this Part of this Act applies — a for a period of five and a half hours and the end of that period does not mark the end of the working day; or b for periods amounting in the aggregate to five and a half hours and there has not been between any of those periods an interval of not less than half an hour in which the driver was able to obtain rest and refreshment and the end of the last of those periods does not mark the end of the working day, there shall, as respects the period mentioned in paragraph ( a ) above, at the end of that period or, in the case of the periods mentioned in paragraph ( b ) above, at the end of the last of those periods, be such an interval as aforesaid; but the requirements of the foregoing provisions of this subsection need not be satisfied in relation to a driver who, within any continuous period of eight and a half hours in the working day, drives for periods amounting in the aggregate to not more than seven and three-quarter hours, being periods of driving between which there is a period of, or there are periods amounting in the aggregate to, not less than forty-five minutes during which the driver has not been driving, if — i the end of the last of those periods of driving marks the end of the working day, or ii at the end of the last of those periods there is such an interval as is mentioned in paragraph ( b ) above. . 3 Section 96(3) (the working day of a driver) shall have effect as if for paragraph ( c ) there were substituted the following paragraph: — c if during that day all or the greater part of the time when he is driving vehicles to which this Part of this Act applies is spent in driving one or more passenger vehicles, shall not exceed sixteen hours. . 4 Section 96(4) (interval for rest between working days) shall have effect as if for paragraphs ( a ) and ( b ) there were substituted the words “shall not be of less than ten hours except that on not more than three occasions in any working week the said interval may be of less than ten hours but not of less than eight and a half hours;” . 5 Section 96(5) and (8)(b) (maximum duty periods in a working week) shall not apply. 6 Section 96(6) (off-duty periods in a working week) shall have effect as if for the words from “in the case of each working week of a driver” onwards there were substituted the following words: — in the case of every two successive working weeks of a driver, a period of not less than twenty-four hours for which he is off duty, being a period either falling wholly in those weeks or beginning in the second of those weeks and ending in the first of the next two successive weeks; but where the requirements of the foregoing provisions of this subsection have been satisfied in the case of any two successive working weeks by reference to a period ending in the first of the next two successive weeks, no part of that period (except any part after the expiration of the first twenty-four hours of it) shall be taken into account for the purpose of satisfying those requirements in the case of the said next two successive weeks. . 7 For section 96(7) there shall be substituted the following subsections: — 7 If in the case of the working week of any driver the following requirements are satisfied, that is to say, that — a the driver does not drive any vehicle to which this Part of this Act applies for a period of, or for periods amounting in the aggregate to, more than four hours in more than two of the periods of twenty-four hours beginning at midnight which make up that working week (any such period of twenty-four hours in which the driver does drive for a period of, or for periods amounting in the aggregate to, more than four hours being in this subsection, and in subsection (7B) below, referred to as “ a full time day ”) ; and b the provisions of subsection (7B) of this section are complied with in relation to him as respects each full time day in that week, then, subject to subsection (7A) of this section, the provisions of subsections (1) to (4) of this section shall not apply to that driver in that week, and where the said requirements are satisfied in the case of two successive working weeks of that driver the provisions of subsection (6) of this section shall not apply to him as respects those working weeks. 7A Where in the case of the working week of a driver the requirements mentioned in subsection (7) above are satisfied but there is a working day of the driver which falls partly in that working week and partly in a working week in the case of which the said requirements are not satisfied, then the provisions of subsections (1), (2) and (3) of this section shall nevertheless have effect in relation to the whole of that working day. 7B The following provisions shall apply as respects each full time day in a working week of a driver in the case of which the requirement mentioned in subsection (7)( a ) above is satisfied, that is to say — a each period of duty of that driver shall fall wholly within the full time day; b there shall be an interval for rest of not less than ten hours immediately before his first period of duty and immediately after his last period of duty in the full time day or, if there is only one such period of duty therein, immediately before and after that period of duty; c the driver shall not in the full time day drive a vehicle or vehicles to which this Part of this Act applies for periods amounting in the aggregate to more than ten hours; d if in the full time day the driver has been driving a vehicle or vehicles to which this Part of this Act applies — i for a period of five and a half hours and the end of that period of driving does not mark the end of his period of duty, or of the last of his periods of duty, in that day, or ii for periods amounting in the aggregate to five and a half hours and there has not been between any of those periods of driving an interval of not less than half an hour in which the driver was able to obtain rest and refreshment and the end of the last of those periods of driving does not mark the end of his period of duty, or of the last of his periods of duty, in that day, there shall be such an interval as aforesaid at the end of the period of driving mentioned in sub-paragraph (i) above or of the last of the periods of driving mentioned in sub-paragraph (ii) above: provided however that the foregoing requirements of this paragraph need not be satisfied in relation to a driver who, within any continuous period of eight and a half hours falling wholly within the full time day, drives for periods amounting in the aggregate to not more than seven and three-quarter hours, being periods of driving between which there is a period of, or there are periods amounting in the aggregate to, not less than forty-five minutes during which the driver has not been driving, if the end of the last of those periods of driving marks the end of his period, or of the last of his periods, of duty in that day, or at the end of the last of those periods of driving there is such an interval as is mentioned in sub-paragraph (ii) above; and e the period during which the driver is on duty in the full time day or, if there is more than one such period, the period between the beginning of his first period of duty in that day and the end of his last period of duty therein, shall not exceed 16 hours. . 8 The definition of “working day” in section 103 shall have effect for the purposes of subsections (1) to (4) and (6) to (8) of section 96 as if for the words from “eleven hours” to the words “nine and a half hours” there were substituted the words “ten hours or (where permitted by virtue of section 96(4) of this Act) of not less than eight and a half hours” . PART III DRIVERS OF GOODS VEHICLES 5 The Drivers' Hours (Goods Vehicles) (Modifications) Order 1970 shall have effect as though — a in Article 3(2) (exemptions from certain of the provisions of section 96 for drivers of light goods vehicles), after sub-paragraph (d) there were added the following sub-paragraph: — or e solely in connection with the carrying on by him or by his employer of the business of cinematography or of radio or television broadcasting; ; and b in Article 4 (exemptions for drivers engaged on building, construction and civil engineering work) — in the heading, after the word “engaged” there were inserted the words “in quarrying operations or” ; and in the exemption provided by that Article, after the words “in the course of” , where they first occur, there were inserted the words “operations of quarrying or of” . Signed by authority of the Secretary of State. John Peyton Minister for Transport Industries Department of the Environment 17th May 1971

The Northern Pennines Rural Development Board (Dissolution) Order 1971 The Minister of Agriculture, Fisheries and Food in exercise of the power conferred on him by subparagraphs (1)(b) and (3) of paragraph 6 of Part I of Schedule 5 to the Agriculture Act 1967 (as having effect under section 45(5) of that Act), and of all other powers enabling him in that behalf, hereby orders as follows: — Citation and commencement 1 This order may be cited as the Northern Pennines Rural Development Board (Dissolution) Order 1971 and shall come into operation on 31st March 1971. Interpretation 2 1 In this Order — “ the Act ” means the Agriculture Act 1967 ; “ the Board ” means the Northern Pennines Rural Development Board established by the Northern Pennines Rural Development Board Order 1969 , and “ the Board area ” has the meaning assigned to it in article 2(1) of that Order ; “ the Minister ” means the Minister of Agriculture, Fisheries and Food . 2 The Interpretation Act 1889 shall apply to the interpretation of this order as it applies to the interpretation of an Act of Parliament. Dissolution of the Board 3 1 On the coming into operation of this order the Board shall be dissolved, and accordingly the Board area shall thereupon cease to be a Rural Development Board area for the purposes of the Act or any other enactment. 2 The provisions contained in the Schedule to this order, being provisions which appear to the Minister expedient in consequence of and incidental to the dissolution of the Board, shall have effect. In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th February 1971. J. M. L. Prior Minister of Agriculture, Fisheries and Food SCHEDULE CONSEQUENTIAL AND INCIDENTAL PROVISIONS Transfer of assets and liabilities 1 1 On the coming into operation of this order the property, rights, obligations and liabilities of the Board shall, by virtue of this order and without further assurance, be transferred to the Minister. 2 Without prejudice to the generality of the foregoing, where an applicant has served notice on the Board under subsection (6) of section 49 of the Act requiring the Board to purchase an estate or interest in respect of which consent to its transfer has been previously refused by the Board under that section, subsections (7) and (8) thereof shall have effect as if for each reference therein to the Board there were substituted a reference to the Minister. Matters pending under sections 49 and 52 of the Act 2 1 Any application pending for consent to the transfer of land in the Board area made under section 49 of the Act, and any application pending for a licence to plant trees in the Board area made under section 52 of the Act, shall lapse. 2 Any refusal of such consent under section 49 of the Act, and any refusal of such a licence under section 52 of the Act, made before the coming into operation of this order shall, subject to paragraph 1(2) above, cease to have effect; and insofar as any licence under the last-mentioned section was granted subject to conditions the conditions shall cease to have effect. 3 Any appeal pending to the Minister against refusal of consent under section 49 of the Act, and any appeal pending to the Minister against refusal, or against the conditions, of a licence under section 52 of the Act, shall lapse. 4 The lapse, in consequence of the dissolution of the Board by virtue of this order, of any consent under section 49 of the Act, and any licence under section 52 of the Act, shall not render unlawful any action which would but for this order be unlawful under either of those sections without such a consent or licence. Cancellation of local land charges 3 On the dissolution of the Board by virtue of this order any entry registered by any local authority within the Board area pursuant to section 45(6) of the Act, controlling sales of land and controlling afforestation within that area, shall be cancelled by the proper officer of that authority. Board's annual report and accounts 4 The Board's financial year current on the date of the dissolution of the Board by virtue of this order shall be deemed to end on that date, and section 53 of the Act (Board's annual reports and accounts) shall have effect accordingly.

The Rent Assessment Committees (England and Wales) Regulations 1971 The Secretary of State for the Environment (as respects England, except Monmouthshire) and the Secretary of State for Wales (as respects Wales and Monmouthshire) in exercise of their powers under section 50(1) (as read with section 114(1)) of the Rent Act 1968, section 56(1) of the Housing Act 1969 and section 6(3) of the Rent (Control of Increases) Act 1969, and of all other powers enabling them in that behalf, and after consultation with the Council on Tribunals, hereby make the following regulations — Citation and commencement 1 These regulations may be cited as the Rent Assessment Committees (England and Wales) Regulations 1971 and shall come into operation on 2nd August 1971. Interpretation 2 1 The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament. 2 In these regulations, unless the context otherwise requires — “ chairman ” means the chairman of a committee; “ committee ” means a rent assessment committee, constituted under Schedule 5 to the Rent Act 1968, to which a reference is made; “ hearing ” means the meeting or meetings of a committee to hear oral representations made in relation to a reference; “ party ” means , in the case where a reference is subject to a hearing, any person who is entitled under regulation 3(3) of these regulations to receive notice of the hearing and, in the case where a reference is not to be subject to a hearing, any person who is entitled to make representations in writing to the committee; “ reference ” means a matter or an application, as the case may be, which is referred by a rent officer to a rent assessment committee under Schedule 6 or Schedule 7 to the Rent Act 1968, or Part II of Schedule 2 to the Housing Act 1969. 3 For the purpose of any of these regulations relating to procedure at a hearing, any reference to a party shall be construed as including a reference to a person authorised by a party to make oral representations on his behalf pursuant to paragraph 8, or paragraph 12(1), of Schedule 6, or paragraph 7(3) of Schedule 7, to the Rent Act 1968, or paragraph 13 of Schedule 2 to the Housing Act 1969, as the case may be. Hearings 3 1 A hearing by a committee shall be in public unless, for special reasons, the committee decide otherwise; but nothing in these regulations shall prevent a member of the Council on Tribunals in that capacity from attending any hearing. 2 Such hearing shall be on such date and at such time and place as the committee shall appoint. 3 Notices of such date, time and place shall be given by the committee, not less than 10 days before the said date — a where the reference is an application for a certificate of fair rent referred pursuant to paragraph 2 or paragraph 6 of Schedule 7 to the Rent Act 1968, to the applicant and, in a case to which paragraph 9 of the said Schedule applies, to the tenant; b where the reference is an application supported by a certificate of fair rent referred pursuant to paragraph 11 of Schedule 6 to the Rent Act 1968, to the applicant; and c in every other case, to the landlord and to the tenant. 4 At the hearing — a the parties shall be heard in such order, and, subject to the provisions of these regulations, the procedure shall be such as the committee shall determine; b a party may call witnesses, give evidence on his own behalf and crossexamine any witnesses called by the other party. Documents, etc 5 1 The committee shall, where the reference is to be subject to a hearing, take all reasonable steps to ensure that there is supplied to each of the parties before the date of the hearing — a a copy of, or sufficient extracts from or particulars of, any document relevant to the reference which has been received from the rent officer or from a party (other than a document which is in the possession of such party, or of which he has previously been supplied with a copy by the rent officer); and b a copy of any document which embodies the results of any enquiries made by or for the committee for the purposes of that reference, or which contains relevant information in relation to fair rents previously determined for other dwelling-houses and which has been prepared for the committee for the purposes of that reference. 2 Where at any hearing — i any document relevant to the reference is not in the possession of a party present at that hearing; and ii that party has not been supplied with a copy of, or sufficient extracts from or particulars of, that document by the rent officer or by the committee in accordance with the provisions of paragraph (1) of this regulation, then unless — a that party consents to the continuation of the hearing; or b the committee consider that that party has a sufficient opportunity of dealing with that document without an adjournment of the hearing, the committee shall adjourn the hearing for a period which they consider will afford that party a sufficient opportunity of dealing with that document. 6 Where a reference is not to be subject to a hearing, the committee shall supply to each of the parties a copy of, or sufficient extracts from or particulars of, any such document as is mentioned in paragraph (1)(a) of regulation 5 of these regulations (other than a document excepted from that paragraph) and a copy of any such document as is mentioned in paragraph (1)(b) of that regulation, and they shall not reach their decision until they are satisfied that each party has been given a sufficient opportunity of commenting upon any document of which a copy, or from which extracts or of which particulars, has or have been so supplied, and upon the other's case. Inspection of dwelling-house 7 1 The committee may of their own motion, and shall at the request of one of the parties (subject in either case to any necessary consent being obtained) inspect the dwelling-house which is the subject of the reference. 2 An inspection may be made before, during or after the close of the hearing, or at such stage in relation to the consideration of the representations in writing, as the committee shall decide, and the committee shall give to the parties and their representatives an opportunity to attend. 3 Notice of an inspection shall be given as though it were notice of a hearing, save that the requirements for such notice may be dispensed with or relaxed in so far as the committee are satisfied that the parties have received sufficient notice. 4 Where an inspection is made after the close of a hearing, the committee shall, if they consider that it is expedient to do so on account of any matter arising from the inspection, reopen the hearing; and if the hearing is to be reopened paragraph (3) of regulation 3 of these regulations shall apply as it applied to the original hearing, save in so far as its requirements may be dispensed with or relaxed with the consent of the parties. Adjournment 8 The committee at their discretion may of their own motion, or at the request of the parties, or one of them, at any time and from time to time postpone or adjourn a hearing; but they shall not do so at the request of one party only unless, having regard to the grounds on which and the time at which such request is made and to the convenience of the parties, they deem it reasonable to do so. Such notice of any postponed or adjourned hearing as is reasonable in the circumstances shall be given to the parties by the committee. Non-appearance 9 If a party does not appear at a hearing the committee, on being satisfied that the requirements of these regulations regarding the giving of notice of hearings have been duly complied with, may proceed to deal with the reference upon the representations of any party present and upon the documents and information which they may properly consider. Decisions 10 1 The decision of the committee upon a reference shall be recorded in a document signed by the chairman (or in the event of his absence or incapacity, by another member of the committee) which shall contain the reasons for the decision, but shall contain no reference to the decision being by a majority (if that be the case) or to any opinion of a minority. 2 The chairman (or in the event of his absence or incapacity, either of the other members of the committee) shall have power, by certificate under his hand, to correct any clerical or accidental error or omission in the said document. 3 A copy of the said document and of any such correction shall be sent by the committee to the parties and to the rent officer. Giving of notices, etc 11 Where any notice or other written matter is required under the provisions of these regulations to be given or supplied by the committee (including any such matter to be supplied to a party for the purposes of a reference to which regulation 6 of these regulations applies) it shall be sufficient compliance with the regulations if such notice or matter is sent by post in a prepaid letter and addressed to the party for whom it is intended at his usual or last known address, or if that party has appointed an agent to act on his behalf in relation to the reference, to that agent at the address of the agent supplied to the committee. Peter Walker Secretary of State for the Environment 29th June 1971 Peter Thomas Secretary of State for Wales 29th June 1971

The Probation (Compensation) (Amendment) Regulations 1971 1 These Regulations may be cited as the Probation (Compensation) (Amendment) Regulations 1971 and shall come into operation on 10th August 1971. 2 In these Regulations any reference to the principal Regulations is a reference to the Probation (Compensation) Regulations 1965 . 3 1 Nothing in Regulation 4 of these Regulations shall affect the entitlement of any person to compensation under the principal Regulations where that entitlement has been determined before the date of the coming into operation of these Regulations. 2 Notwithstanding anything contained in the principal Regulations, Regulations 5, 6, 7 and 8 of these Regulations shall apply with effect from the date of the coming into operation of these Regulations in relation to any compensation under the principal Regulations awarded before that date. 4 After Regulation 2(1) of the principal Regulations (interpretation) there shall be inserted the following provision: — 1A Except as provided in Regulations 6(2) and 12(2) of these Regulations, the expression “ relevant employment ” shall not include service in the armed forces of the Crown . . 5 For Regulation 8(1)(a) of the principal Regulations (deductions to be made in calculating resettlement compensation) there shall be substituted the following provision: — a unemployment, sickness or injury benefit under any Act relating to national insurance claimable by him in respect of such week (excluding any amount claimable by him in respect of any dependant); . 6 After Regulation 33 of the principal Regulations (reduction of compensation) there shall be inserted the following Regulation: — Deduction in respect of national insurance benefit 33A 1 Where in any week a person is entitled to long-term compensation for loss or diminution of emoluments and is also entitled to unemployment, sickness or injury benefit under any Act relating to national insurance, other than a benefit claimable by him in respect of a dependant, there shall be deducted from the long-term compensation payable for that week a sum equal to the amount by which the aggregate of such national insurance benefits claimable in respect of that week, the weekly rate at which the long-term compensation would be payable but for this Regulation, and the weekly rate of any superannuation benefit taken into account for the purpose of Regulation 15(4) of these Regulations, exceeds two-thirds of the weekly rate of the net emoluments of the employment which he has lost or in which the emoluments have been diminished: Provided that this paragraph shall not apply in relation to any such sickness or injury benefit insofar as an equivalent sum is deducted from the emoluments of his current employment and such deduction from those emoluments has not occasioned an increase in his long-term compensation. 2 For the purposes of paragraph (1) of this Regulation the expression “ weekly rate ” means seven three hundred and sixty-fifths of the relevant annual rate . . 7 In Regulation 34 of the principal Regulations (certain changes in circumstances to be notified to the compensating authority) there shall be inserted after sub-paragraph (c) the following provision: — or d a person entitled to long-term compensation is receiving or starts to receive any benefit, any increase in benefit or any further benefit under any Act relating to national insurance, . 8 In Regulation 35(7) (review of awards of compensation) for the words “Regulation 32 or 33” there shall be substituted the words “Regulation 32, 33 or 33A” . R. Maudling One of Her Majesty's Principal Secretaries of State Home Office, Whitehall 8th July 1971

The Members' Contributory Pension Fund (Increase of Benefits) Order 1971 Whereas it appears from the Report dated 3rd July 1970 made by the Government Actuary under Schedule 2 to the Ministerial Salaries and Members' Pensions Act 1965 that there is a surplus in the operation of the contributory pension scheme established by Part II of that Act: Now, therefore, the Minister for the Civil Service, in exercise of the powers conferred on him by section 15 of the Ministerial Salaries and Members' Pensions Act 1965 and article 2(1)(c) of the Minister for the Civil Service Order 1968 , and of all other powers enabling him in that behalf, hereby makes the following Order: — 1 This Order may be cited as the Members' Contributory Pension Fund (Increase of Benefits) Order 1971, and shall come into operation on the day following the day on which it is approved by a resolution of the Commons House of Parliament. 2 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 3 All the rates of benefit under Part II of the Ministerial Salaries and Members' Pensions Act 1965 shall, in respect of any period after the date of the coming into operation of this Order, be increased by one fifth of the rates in force immediately before that date. Given under the Official Seal of the Minister for the Civil Service on 30th March 1971. K. H. McNeill Authorised by the Minister for the Civil Service

The Brucellosis Payments Scheme 1971 The Minister of Agriculture, Fisheries and Food and the Secretaries of State for Scotland and Wales respectively, acting jointly, in pursuance of subsections (1), (2), (9) and (10) of section 106 of the Agriculture Act 1970 and of all their other enabling powers, with the consent of the Treasury, hereby make the following scheme: Citation, commencement and extent 1 This scheme, which may be cited as the Brucellosis Payments Scheme 1971, shall come into operation on 10th December 1971 and shall apply to Great Britain. Interpretation 2 1 In this scheme, unless the context otherwise requires — “ accredited herd ” means a herd of cattle in Great Britain which, to the satisfaction of the appropriate Minister, either — has been found to be free from brucellosis by means of a series of diagnostic tests carried out by him or on his behalf and has been, since the date of commencement of such tests, the subject of adequate precautions against the introduction or re-introduction and consequent spreading of brucellosis, or has been wholly constituted by the transfer of animals from other accredited herds in Great Britain or from such similar herds outside Great Britain as the Minister of Agriculture, Fisheries and Food, in relation to herds in England and Wales, or the Secretary of State, in relation to herds in Scotland, may either generally or in any special case allow, and has been, since being so constituted, the subject of such precautions as aforesaid; and “ accredited ” and “ unaccredited ” shall be construed accordingly ; “ area eradication agreement ” means a voluntary arrangement between the appropriate Minister and the owner of a herd kept in an eradication area, providing for the eradication of brucellosis from the herd upon terms which include the slaughter by the owner of any reactors found in the herd, the payment to him of a replacement grant, but no other compensation, for each reactor so slaughtered, and the taking by him of precautions against the introduction or re-introduction and consequent spreading of brucellosis ; “ the appropriate Minister ” means the Minister of Agriculture, Fisheries and Food or, in relation to herds kept in Scotland or sums required for making payments to producers in Scotland, the Secretary of State ; “ beef cow scheme ” means a scheme made under section 12 of the Agriculture Act 1967 ; “ beef incentive payments ” means incentive payments made under paragraph 4 of this scheme ; “ board ” means a board constituted by a scheme relating to the marketing of milk made or having effect as if made under the Agricultural Marketing Act 1958 ; “ dairy incentive payments ” means incentive payments made under paragraph 5 of this scheme ; “ eradication area ” means an area which is for the time being an eradication area for purposes connected with the control of brucellosis by virtue of an order made under section 5 of the Diseases of Animals Act 1950 and to which the Brucellosis (Area Eradication) (England and Wales) Order 1971 or the Brucellosis (Area Eradication) (Scotland) Order 1971 , or any order revoking and substantially re-enacting either of those orders, for the time being applies ; “ first compulsory test ” means the first compulsory blood test made by or on behalf of the appropriate Minister for the presence of brucellosis in a herd kept in an eradication area ; “ hill cattle scheme ” means a scheme made under section 13(1)(b) of the Hill Farming Act 1946 ; “ incentive payments ” has the meaning assigned to it by paragraph 3 of this scheme ; “ prescribed date ” means a prescribed date for the purposes of a beef cow scheme ; “ qualifying day ” means a qualifying day for the purposes of a hill cattle scheme ; “ reactor ” means an animal which, when tested for brucellosis by or on behalf of the appropriate Minister, gives rise to a reaction consistent with its being affected with that disease ; “ replacement grant ” means a grant made by the appropriate Minister to the owner of a slaughtered reactor at a flat rate unrelated to the value of the animal ; “ test ” means a test made by or on behalf of the appropriate Minister for the purpose of determining whether brucellosis is present in a herd . 2 The Interpretation Act 1889 shall apply to the interpretation of this scheme as it applies to the interpretation of an Act of Parliament. Incentive payments for herds in eradication areas 3 Payments, to be known as incentive payments, may be made in accordance with the provisions of this scheme in respect of herds of cattle which are kept in eradication areas and from which brucellosis is being, or has been, eradicated under area eradication agreements. Beef incentive payments 4 1 Incentive payments may be made by the appropriate Minister in respect of a herd which qualifies for subsidy payments under a hill cattle or beef cow scheme by way of supplement to such subsidy payments, and shall be subject to the terms and conditions governing the subsidy payments to which they are supplemental. 2 Such incentive payments may be made in respect of a herd when a qualifying day for the purposes of a hill cattle scheme or a prescribed date for the purposes of a beef cow scheme, as the case may be, falls within the appropriate qualifying period specified in paragraph 6 below. 3 The amount of any such incentive payment shall be £5 for each animal which qualifies for the subsidy payment to which the incentive payment is supplemental. 4 Where in the case of any herd (except such a herd as is referred to in paragraph 6(5) below) the period referred to in sub-paragraph (2) above contains only one qualifying day for the purposes of a hill cattle scheme, or only one prescribed date for the purposes of a beef cow scheme, and incentive payments made in respect of the herd are supplemental to subsidy payments made under that scheme, an additional incentive payment of £5 per animal may be made in respect of the first qualifying day or the first prescribed date, as the case may be, after the termination of that period. Dairy incentive payments 5 1 Incentive payments in respect of a herd from which milk is produced shall be made by a board to the producer of that milk, if he is registered as a milk producer under the scheme constituting the board, at a rate of 0.8p for each gallon of milk which is — a produced from cows in the herd, and b made the subject of a payment to or by him under that scheme, and c either sold under the provisions of that scheme, or deemed for the purposes of any payments under the scheme to have been produced from that herd, during the appropriate qualifying period specified in paragraph 6 below. 2 Every board shall keep or cause to be kept records of payments made by them under this paragraph and of the administrative cost of making such payments in such form as may be approved by the appropriate Minister and shall make such records available for inspection at all reasonable times by any duly authorised officer, servant or agent of the appropriate Minister or the Comptroller and Auditor General. 3 Every board shall submit to the appropriate Minister, in such form as he may specify, a statement, certified by the board's auditors, of payments made by the board under this scheme and of the administrative cost of making such payments. 4 Any such statement as is referred to in the preceding sub-paragraph shall be rendered annually and at such lesser intervals, and covering such periods, as the appropriate Minister may specify in a written notice to that board. Qualifying periods for incentive payments 6 1 Subject to paragraphs 7 and 8(2) below, the qualifying period for incentive payments in respect of a herd shall commence in the case of beef incentive payments with the appropriate date specified in relation to that herd in sub-paragraph (2) below and in the case of dairy incentive payments with the beginning of the first calendar month after that date. 2 The date referred to in sub-paragraph (1) above shall be — a where the owner of the herd has entered into an area eradication agreement within such period after the first compulsory test as appears to the appropriate Minister to be reasonable for the purpose, the date of that test; b where the owner has entered into such an agreement after the expiry of that period, the date of the first test after the agreement has been entered into. 3 Subject to sub-paragraph (5) below, the qualifying period shall end in the case of beef incentive payments one year after the appropriate date specified in relation to that herd in sub-paragraph (4) below, and in the case of dairy incentive payments with the expiry of the twelfth complete calendar month after that date. 4 The date referred to in sub-paragraph (3) above shall be — a in the case of such a herd as is referred to under head (a) of the definition of an accredited herd in paragraph 2 above, the date of the last test before it becomes an accredited herd; b in the case of such a herd as is referred to under head (b) of that definition, the date on which the first animal to be comprised in the herd is moved on to the premises where the herd is to be kept. 5 Where an area eradication agreement ceases to apply to a herd before the end of the qualifying period as determined in accordance with sub-paragraphs (3) and (4) above, the qualifying period shall end in the case of beef incentive payments with the date on which the agreement ceases to apply to the herd and in the case of dairy incentive payments with the expiry of the calendar month in which that date occurs, without prejudice to the resumption of such payments under a further area eradication agreement. 6 For the purposes of this paragraph the date of a test is the date when samples are first taken from cattle for use in the test. Interrupted agreements 7 Where an area eradication agreement has ceased to apply to a herd before the end of the qualifying period and a further such agreement is subsequently entered into in respect of the same herd — a any beef incentive payments falling due under the subsequent agreement shall be reduced by the amount of any such payments made under the previous agreement, and b the qualifying period for dairy incentive payments under the subsequent agreement shall be reduced by the length of the qualifying period under the previous agreement, the commencement of the subsequent qualifying period being deferred accordingly. Reductions to take account of previous payments directed against brucellosis 8 1 Any beef incentive payments falling due under this scheme shall be reduced by the difference between — a the amount of any subsidy payments made in respect of the same herd under a hill cattle scheme or beef cow scheme at a rate determined by reference to the fact that the animals were comprised in a herd which was, or which was subsequently to become, an accredited herd as defined in that scheme, and b the amount of the corresponding subsidy payments which would have been made under that scheme if the herd were never such an accredited herd. 2 A qualifying period for dairy incentive payments under this scheme shall be reduced by the sum of — a five-eighths (rounded off to the nearest month) of any period before 1st April 1971 in respect of which payments have been made in respect of the same herd under a scheme, other than this scheme, made under section 106(2) of the Agriculture Act 1970, and b the whole of any period commencing on or after 1st April 1971 in respect of which such payments have been made, the commencement of the qualifying period being deferred accordingly. Advance payments 9 1 Where an unaccredited herd is in the opinion of the appropriate Minister likely to be eligible for incentive payments under this scheme, and the total number of reactors in the herd disclosed by the first compulsory test and subsequent tests made before the herd becomes accredited amounts to 10 per cent or more of the number of animals tested at the first compulsory test, the appropriate Minister may, on application by the owner of the herd made at such time and in such manner as the appropriate Minister may from time to time require, make to him an advance payment of incentive payments — a in the case of a herd which is, in the opinion of the appropriate Minister, wholly or predominantly eligible for beef incentive payments, at the rate of £5 for each animal in the herd which has been tested, and found not to be a reactor, at the relevant test; b in the case of a herd which is, in the opinion of the appropriate Minister, wholly or predominantly eligible for dairy incentive payments, at the rate of £6.50 for each such animal. 2 Where an advance payment has been made under sub-paragraph (1) above — a the amount of any beef incentive payments falling due during the year after the date of the entry of the herd in the Register of Brucellosis Accredited Herds kept jointly by the Minister of Agriculture, Fisheries and Food and the Secretary of State shall be reduced by such part of the advance payment as, in the opinion of the appropriate Minister, represents an advance payment of beef incentive payments; b the amount of any dairy incentive payments falling due during the period of 12 calendar months commencing, at the discretion of the board making the payments, with either the first or second calendar month after they have been notified by the appropriate Minister of the entry of the herd in the said Register, shall be reduced, so far as possible by equal instalments, by such part of the advance payment as, in the opinion of the appropriate Minister, represents an advance payment of dairy incentive payments. 3 Where, as a result of the insufficiency of dairy incentive payments in any month, a board is not able to reduce such payments in accordance with the preceding sub-paragraph, the part of any advance payment thereby unaccounted for, unless otherwise recovered by or on behalf of the appropriate Minister, shall be accounted for by the reduction of such payments in respect of subsequent months as the opportunity arises. 4 For the purposes of this paragraph “ the relevant test ” means the test at which the total number of reactors disclosed by that and previous tests, if any, first exceeds 10 per cent of the number of animals tested at the first compulsory test . In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th November 1971. J. M. L. Prior Minister of Agriculture, Fisheries and Food Gordon Campbell Secretary of State for Scotland 29th November 1971 Given under my hand on 30th November 1971. Peter Thomas Secretary of State for Wales We approve, P. L. Hawkins Walter Clegg Two of the Lords Commissioners of Her Majesty's Treasury 3rd December 1971

The Fire Services (Compensation) (Amendment) Regulations 1971 1 These Regulations may be cited as the Fire Services (Compensation) (Amendment) Regulation 1971 and shall come into operation on 10th August 1971. 2 In these Regulations any reference to the principal Regulations is a reference to the Fire Services (Compensation) Regulations 1965 . 3 1 Notwithstanding anything contained in the principal Regulations, Regulations 4, 5 and 6 of these Regulations shall apply with effect from the date of the coming into operation of these Regulations in relation to any compensation under the principal Regulations awarded before that date. 2 Nothing in Regulation 7 of these Regulations shall affect the entitlement of any person to compensation under the principal Regulations where that entitlement has been determined before the date of the coming into operation of these Regulations. 4 For Regulation 6(1)(a) of the principal Regulations (deductions to be made in calculating resettlement compensation) there shall be substituted the following provision: — a unemployment, sickness or injury benefit under any Act relating to national insurance claimable by him in respect of such week (excluding any amount claimable by him in respect of any dependant); . 5 After Regulation 26 of the principal Regulations (adjustment of compensation) there shall be inserted the following Regulation: — Deduction in respect of national insurance benefit 26A 1 Where in any week a person is entitled to long-term compensation for loss or diminution of emoluments and is also entitled to unemployment, sickness or injury benefit under any Act relating to national insurance, other than a benefit claimable by him in respect of a dependant, there shall be deducted from the long-term compensation payable for that week a sum equal to the amount by which the aggregate of such national insurance benefits claimable in respect of that week, the weekly rate at which the long-term compensation would be payable but for this Regulation, and the weekly rate of any superannuation benefit taken into account for the purpose of Regulation 13(4) of these Regulations, exceeds two-thirds of the weekly rate of the net emoluments of the employment which he has lost or in which the emoluments have been diminished: Provided that this paragraph shall not apply in relation to any such sickness or injury benefit in so far as an equivalent sum is deducted from the emoluments of his current employment and such deduction from those emoluments has not occasioned an increase in his long-term compensation. 2 For the purposes of paragraph (1) of this Regulation the expression “ weekly rate ” means seven three hundred and sixty-fifths of the relevant annual rate . . 6 In Regulation 27 of the principal Regulations (certain changes in circumstances to be notified to the compensating authority) there shall be inserted after sub-paragraph (c) the following provision: — or, d a person entitled to long-term compensation is receiving or starts to receive any benefit, any increase in benefit or any further benefit under any Act relating to national insurance, . 7 After Regulation 37(2) of the principal Regulations (interpretation) there shall be inserted the following provision: — 2A Except as provided in Regulations 4(2) and 10(2) of these Regulations, the expression “ relevant employment ” shall not include service in the armed forces of the Crown . . R. Maudling One of Her Majesty's Principal Secretaries of State Home Office, Whitehall 8th July 1971

The Rules of the Supreme Court (Amendment No. 2) 1971 We, the Rule Committee of the Supreme Court, being the authority having for the time being power under section 99(4) of the Supreme Court of Judicature (Consolidation) Act 1925 to make, amend or revoke rules regulating the practice and procedure of the Supreme Court of Judicature, hereby exercise those powers and all other powers enabling us in that behalf as follows: — 1 1 These Rules may be cited as the Rules of the Supreme Court (Amendment No. 2) 1971 and shall come into operation on 2nd August 1971. 2 In these Rules a rule referred to by number means the rule so numbered in Order 104 of the Rules of the Supreme Court 1965, as amended , and a form referred to by number means the form so numbered in Appendix A to those Rules. 3 The Interpretation Act 1889 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament. 2 In rule 1, after the definition of “the Act of 1965” there shall be inserted the following definitions: — “ the Act of 1970 ” means the Matrimonial Proceedings and Property Act 1970 ; “ the Act of 1971 ” means the Attachment of Earnings Act 1971 3 Rule 7 shall be amended as follows: — a In the side-note for the words “Parts IV and V” there shall be substituted the words “Part IV” . b In paragraph (1) the words “and Part V thereof” shall be omitted. c In paragraph (2) the words “and in Part V thereof” and the definition of “appropriate county court registrar” shall be omitted and in paragraph (b) of the definition of “proper officer” for the words “under any provision of sections 19 to 27 of the Matrimonial Causes Act 1950” there shall be substituted the words “or having effect as if made under Part II or III of the Act of 1965 or Part I of the Act of 1970” . 4 In rules 10(3), for sub-paragraph (c) there shall be substituted the following sub-paragraph: — c send notice of the variation or discharge to any registrar of a county court — i who has given notice to the proper officer of proceedings taken in that court for the enforcement of the registered order, or ii to whom any payment is to be made under an attachment of earnings order made by the High Court for the enforcement of the registered order. 5 In rule 11(1)(b) for the words “under any provision of sections 19 to 27 of the Matrimonial Causes Act 1950” there shall be substituted the words “or has effect as if made under Part II or III of the Act of 1965 or Part I of the Act of 1970” . 6 In the title of Part V for the words “PART II OF THE ACT OF 1958” there shall be substituted the words “THE ACT OF 1971” . 7 Rule 13 shall be amended as follows: — 1 In the title after the word “ order ” there shall be inserted the words “ by person entitled to payments ” . 2 For paragraph (1) there shall be substituted the following paragraph: — 1 Where the person to whom payments are required to be made under a maintenance order desires to apply to the High Court under section 3 of the Act of 1971 for an attachment of earnings order to secure those payments, the application must be made by summons, which shall, if the maintenance order is registered in the High Court under Part I of the Act of 1958, be an ordinary summons. The defendant or respondent to the summons (in this Part of this Order referred to as “ the defendant ”) shall be the person liable to make payments under the maintenance order and any application under section 10 of the Act of 1970 for leave to enforce payment of any arrears which became due more than 12 months before the issue of the summons shall be made by the summons. 3 In paragraph (2)(f), sub-paragraphs (ii) and (iii) shall be omitted and sub-paragraphs (iv) and (v) shall be renumbered accordingly. 8 For rule 14 there shall be substituted the following rule: — Application for attachment of earnings order by person liable to make payments 14 An application by the person liable to make payment under a maintenance order of the High Court for an attachment of earnings order to secure those payments may be made on the making of the maintenance order or an order of the High Court varying the maintenance order . 9 Rule 15 shall be amended as follows: — 1 At the end of paragraph (1) there shall be added the words “and the particulars of the defendant required to be given in the first paragraph of that form shall, so far as they are known to the Court, be the prescribed particulars for the purposes of section 6(3) of the Act of 1971.” 2 The following paragraph shall be substituted for paragraph (5): — 5 The Court shall cause a certified copy of an attachment of earnings order and of any order varying or discharging such an order to be sent to the appropriate county court registrar and, in the case of an attachment of earnings order or an order varying such an order, the copy shall be indorsed with a statement of the amount of the arrears, if any, due and unpaid under the related maintenance order at the time when the attachment of earnings order was made or varied. In this paragraph and in rule 16(2) “ the appropriate county court registrar ” means — a the registrar of the county court within the district of which the debtor resides, and b any registrar of another county court who is specified in the attachment of earnings order as the collecting officer for the purposes of the order or who has given notice to the proper officer of proceedings taken in that court for the enforcement of the related maintenance order. 10 Rule 16 shall be amended as follows: — 1 In paragraph (1) — a for the words “section 9(2) of the Act of 1958” there shall be substituted the words “section 8 or 11 of the Act of 1971” , b for the words “the said section 9(2)” there shall be substituted the words “section 12(1) of the said Act” , and c after sub-paragraph (c) there shall be added the following sub-paragraph: — d was made by a divorce county court and has been removed into the High Court for enforcement. 2 In paragraph (2)(a) for the words “the registrar of any county court to whom any payment was directed to be made by the order” there shall be substituted the words “the appropriate county court registrar” . 11 Rule 17 shall be amended as follows: — 1 In the title after the word “ order ” there shall be added the words “ under section 10(2) of the Act of 1971” . 2 Paragraph (1) shall be omitted and paragraph (2) and (3) shall stand as paragraphs (1) and (2) respectively. 3 In paragraph (1) as so re-numbered for the words from “section 9(4)” to “thereof by” there shall be substituted the words “section 10(2) of the Act of 1971 to be given by the collecting officer under” and for the words “the said section 9(4)” there shall be substituted the words “the said section 10(2)” . 4 In paragraph (2) as so re-numbered for the words “the said section 9(4)” there shall be substituted the words “the said section 10(2)” . 12 For rule 18 there shall be substituted the following rule: — Discharge or variation by court of own motion 18 1 Subject to paragraph (7), the powers conferred by section 9(1) of the Act of 1971 may be exercised by the Court of its own motion in the circumstances mentioned in the following paragraphs. 2 Where it appears to the Court that a person served with an attachment of earnings order directed to him has not the defendant in his employment, the Court may discharge the order. 3 Where an attachment of earnings order which has lapsed under section 9(4) of the Act of 1971 is again directed to a person who appears to the Court to have the debtor in his employment, the Court may make such consequential variations in the order as it thinks fit. 4 Where, after an attachment of earnings order has been made, a writ of fieri facias is issued to enforce the related maintenance order, the Court may discharge or vary the attachment of earnings order. 5 Where, after an attachment of earnings order has been made, it appears to the Court that the related maintenance order has ceased to have effect, whether by virtue of the terms of the maintenance order or under section 21 of the Act of 1970 or otherwise, the Court may discharge or vary the attachment of earnings order. 6 Where an attachment of earnings order has been made by the High Court under Part II of the Act of 1958, the Court may vary the order so as to bring it into conformity with the provisions of the Act of 1971 or replace it by an attachment of earnings order having effect as if made under the corresponding power in that Act. 7 Before discharging or varying an order of its own motion under any of the foregoing paragraphs, the Court shall, unless it thinks it unnecessary in the circumstances to do so, give the defendant and the person entitled to payments under the related maintenance order an opportunity of being heard on the question whether the order should be varied or discharged, and for that purpose the proper officer may give them notice of a date, time and place at which the question will be considered. 13 In rule 19 for the words “section 12(1) of the Act of 1958” there shall be substituted the words “section 16(1) of the Act of 1971” . 14 The following rule shall be added after rule 19: — Interpretation of Part V 20 In this Part of this Order expressions used in the Act of 1971 have the same meaning as in that Act and “ proper officer ” has the same meaning as in Part IV of this Order. 15 Form 104 shall be amended as follows: — a For the Words “Maintenance Orders Act 1958” , wherever they appear, there shall be substituted the words “Attachment of Earnings Act 1971” . b In the first paragraph the words “aged years, whose national insurance number is and ” shall be omitted. c In the second paragraph the words from “at the time” to “and that” shall be omitted. d The note shall be deleted. 16 In the title of Form 105 for the words “section 9(4) of the Maintenance Orders Act 1958” there shall be substituted the words “section 10(2) of the Attachment of Earnings Act 1971” . 17 Form 106 shall be revoked. Hailsham of St. Marylebone, C Widgery, C.J Denning, M. R George Baker, P Cyril Salmon, L.J John Pennycuick, V-C John R. Willis, J Nigel Bridge, J James Fox-Andrews Oliver Lodge W. O. Carter H. Montgomery-Campbell Dated 13th May 1971

The Mines and Quarries (Tips) Regulations 1971 Whereas in pursuance of Part I of Schedule 2 to the Mines and Quarries Act 1954 the Secretary of State has published notice of his intention to make the following regulations and has not received any objection to the draft thereof in respect to which he is required to refer the draft regulations for inquiry and report: Now, therefore, the Secretary of State in exercise of his powers under sections 141 and 143 of the Mines and Quarries Act 1954 and sections 1 and 4 to 8 of the Mines and Quarries (Tips) Act 1969 and all other powers in that behalf enabling him hereby makes the following regulations: — PART I GENERAL Citation and commencement 1 These regulations may be cited as the Mines and Quarries (Tips) Regulations 1971 and shall come into operation on 1st October 1971. Interpretation 2 1 In these regulations — “ the 1954 Act ” means the Mines and Quarries Act 1954 ; “ the 1969 Act ” means the Mines and Quarries (Tips) Act 1969 ; “ classified tip ” means a tip to which Part I of the 1969 Act applies, being a tip of any of the following classes — the tip consists of refuse accumulated or deposited wholly or mainly in a solid state and not in solution or suspension and — the superficial area of the land covered by the refuse exceeds 10,000 square metres; or the height of the tip exceeds 15 metres; or the average gradient of the land covered by the refuse exceeds 1 in 12; the tip consists of refuse accumulated or deposited wholly or mainly in solution or suspension and — any part of the tip (other than any wall or other structure retaining or confining it but including any liquid in it) is more than 4 metres above the level of any part of the neighbouring land within 50 metres of the perimeter of the tip; or the volume of the tip (other than any wall or other structure retaining or confining it but including any liquid in it) exceeds 10,000 cubic metres: Provided that for the purposes of determining whether refuse has been accumulated or deposited wholly or mainly in a solid state or wholly or mainly in solution or suspension any wall or other structure retaining or confining the tip shall be excluded And in these regulations “ active classified tip ” and “ closed classified tip ” shall be construed accordingly ; “ dangerous occurrence ” in relation to a tip means any occurrence in which any movement of material or any fire or any other event indicates that the tip is, or is likely to become, insecure ; “ height ” in relation to a tip means the vertical distance between the horizontal planes passing through the lowest and highest points of the tip ; “ the person having responsibility for a tip ” means — in the case of a tip which is associated with a quarry, the owner of the quarry; and in the case of an active tip which is associated with a mine, the manager of the mine; and in the case of a closed tip which is associated with a mine, the owner of the mine; “ watercourse ” includes all rivers, streams, ditches, drains, sewers, culverts, cuts, dykes, sluices and passages, through which water flows . 2 Expressions to which meanings are assigned by the Mines and Quarries Acts 1954 and 1969 or by these regulations shall (unless the contrary intention appears) have the same meanings in any document issued under the provisions of these regulations. 3 The Interpretation Act 1889 shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament. Exemptions 3 An inspector may by notice served on the person having responsibility for a tip exempt — a in the case of an active tip, the mine or quarry with which the tip is associated or any part thereof including the tip; or b in the case of a closed tip, the tip or any part thereof from the application of any of the provisions of these regulations if he is satisfied that the application of that provision is inappropriate in relation to the mine or quarry as the case may be or any part thereof or the closed tip or any part thereof or that the security of the tip will not be prejudiced in consequence of the granting of the exemption. PART II GENERAL PROVISIONS RELATING TO TIPS Drainage of Tips 4 1 Tipping operations from every mine and quarry shall be carried out in such a way as to secure that the operations and the tip resulting from them do not cause an accumulation of water in under or near the tip which may make the tip insecure. 2 Every active and closed tip shall be kept efficiently drained. Supervision of Tips 5 1 For every active tip there shall be appointed by the person having responsibility for the tip a competent person to supervise or effect the carrying out of tipping operations on the tip. 2 For every active and closed tip there shall be appointed by the person having responsibility for the tip a competent person to supervise or effect — a any provision of a system of drainage for the tip; b the maintenance in proper order of the drainage of the tip; and c the making and keeping of the tip secure. 3 For every active and closed tip other than a classified tip there shall be appointed by the person having responsibility for the tip a competent person to supervise or effect the regular inspection of the tip and of the premises on which it is situated and to the best of his ability of its drainage. 4 Every competent person so appointed under this regulation shall record in a book provided for that purpose by the owner of the mine or quarry with which the tip is associated a report of every defect revealed by any inspection of the tip, the premises on which it is situated and its drainage in pursuance of this regulation. 5 The person having responsibility for a tip shall record in a book provided for that purpose by the owner of the mine or quarry with which the tip is associated the action taken to remedy any defect revealed by any inspection of the tip, the premises on which it is situated and its drainage in pursuance of this regulation. 6 1 It shall be the duty of the owner and, without prejudice to the provisions of section 14 of the 1954 Act, of the manager of every mine and of the owner of every quarry to ensure to the best of his ability that every person appointed by him in pursuance of these regulations to carry out supervision or inspections understands the nature and scope of any duties which fall to be performed by that person by virtue of these regulations. 2 It shall be the duty of the owner of every mine and quarry with which is associated a closed tip, with respect to each report, record or other item of information on or relating to the tip which, in pursuance of any provision of the Mines and Quarries Acts 1954 and 1969 or regulations, is entered in a book which by or by virtue of those Acts is required to be provided by him for that purpose, to secure that there is promptly brought — a to his notice; or b to the notice of any person to whom written instructions have been given by the owner in pursuance of section 1 of the 1954 Act specifying as, or including amongst, the matters with respect to which that person is charged with securing the fulfilment in relation to the tip of statutory responsibilities of the owner, matters of the class to which the provision relates any matter disclosed by the report, record or other item of information which either is of an abnormal or unusual nature as regards the tip or, not being of such a nature, is of a kind which will or may necessitate the taking of any steps by the owner or any other person. Notification of beginning and ending of Tipping Operations 7 Every class and description of mines and quarries are hereby prescribed for the purposes of section 4(1) (2) of the 1969 Act. Notification of intention whether to begin a Classified Tip 8 1 If at any time tipping operations from a mine or quarry are to be begun on premises which at that time are not the site of a tip to which Part I of the 1969 Act applies, the owner of the mine or quarry shall, in addition to the notice required to be given under section 4 of the 1969 Act, give notice to the inspector for the district stating whether it is intended that the resulting tip is or is not to be a classified tip not less than thirty days, or such shorter period as the inspector may permit, before the beginning of the operations. 2 Where an owner of a mine or quarry has given notice as aforesaid that it is intended that the resulting tip is not to be a classified tip an inspector may at any time before tipping operations are begun for the purpose of ensuring the security of the resulting tip or for securing that the land on which the tipping operations are to be carried out is satisfactory for the purpose by notice served on the owner direct that the resulting tip shall be treated for the purposes of these regulations as a classified tip, and any such notice shall, if it is so specified therein, become operative forthwith. 3 The provisions of Part XV of the 1954 Act with respect to references upon notices served by inspectors shall apply to a notice served by an inspector under the last preceding paragraph, and the relevant ground of objection shall be that compliance with the notice is unnecessary for the purpose of ensuring the security of the resulting tip or for securing that the land on which the tipping operations are to be carried out is satisfactory for the purpose. 4 Where an owner of a mine or quarry has given notice as aforesaid that it is intended that the resulting tip is to be a classified tip, the tip shall be treated for the purposes of these regulations as being a classified tip. PART III PROVISIONS RELATING TO ACTIVE CLASSIFIED TIPS Procedure before beginning Tipping Operations 9 1 If at any time before tipping operations from a mine or quarry are begun on premises which at that time are not the site of a tip to which Part I of the 1969 Act applies an owner of a mine or quarry gives notice pursuant to regulation 8(1) that it is intended that the resulting tip is to be a classified tip or an inspector gives a direction pursuant to regulation 8(2) that the resulting tip shall be treated for the purposes of these regulations as a classified tip, then the owner shall, not less than thirty days, or such shorter period as the inspector may permit, before the beginning of the tipping operations, obtain or make and thereafter keep, until the premises become the site of an active classified tip (in relation to which regulation 13 applies to impose a like duty on the manager of the mine or the owner of the quarry), at the office at the mine or quarry or as such other place as may be approved by an inspector — a a geological map of the district in which it is intended that the tip shall be situated, being a map on the scale of 1/10,000 or, if a map on so large a scale is not available, a map on the nearest scale which shows the boundaries of the premises on which it is intended that the tip shall be situated and the neighbouring land within 250 metres of the said boundaries; b such accurate sections on a scale of not less than 1/1250 of the strata underlying the intended tip as may be necessary to show any variation in the thickness or character of the strata, which may affect the security of the tip, and to show, so far as it can be ascertained, the position of any known fault which may affect the security of the tip; c an accurate plan of the premises on which it is intended that the tip shall be situated and of the neighbouring land within 250 metres of the boundaries of the said premises being a plan — i on a scale of not less than 1/2500 contoured and orientated to and correlated with the Ordnance Survey National Grid and marked with squares corresponding to the 100 metre squares shown on Ordnance Survey sheets on the scale of 1/2500; and ii showing all mine workings (whether abandoned or not), previous landslips, springs, artesian wells, watercourses and other natural and other topographical features which might affect the security of the intended tip or might be relevant for determining whether the land on which the tipping operations are to be carried out is satisfactory for the purpose. 2 If at any time before tipping operations from a mine or quarry are begun on premises which at that time are not the site of a tip to which Part I of the 1969 Act applies an owner of a mine or quarry gives notice pursuant to regulation 8(1) that it is intended that the resulting tip is to be a classified tip or an inspector gives a direction pursuant to regulation 8(2) that the resulting tip shall be treated for the purposes of these regulations as a classified tip, tipping operations shall not be begun until the following conditions have been satisfied — a the owner of the mine or quarry has obtained a report from a person competent to make the report on the method of carrying out the intended tipping operations and on every other matter which might affect the security of the tip or might be relevant for determining whether the land on which the tipping operations are to be carried out is satisfactory for the purpose containing in particular — i the designed total amount of the refuse to be deposited and average amount per week; ii an account of any surveys, tests, boreholes and ground water measurements made for the purposes of the report and the results thereof; iii details of the site preparation, drainage and foundations of the intended tip; iv accurate plans on a scale of not less than 1/2500 and sections on a scale of not less than 1/1250 of the intended tip or on such larger scale as an inspector may direct in either case by notice served on the owner of the mine or quarry, recording the design of the tip including in particular the superficial area of the land to be covered by the refuse, the gradients in respect of any such land, the designed height of the tip, the designed contours and boundaries of the tip, the designed position and nature of construction of any wall or other structure retaining or confining the tip and the nature and location of the types of refuse to be deposited; v a specification of the intended tip showing the method of depositing and (where necessary) compacting the refuse; vi the nature and extent of inspection, supervision and safety measures that in the opinion of the person making the report are necessary to be carried out during the tipping operations to ensure the security of the intended tip; b the owner of the mine or quarry has given notice to the inspector for the district that he has obtained the said report and any supplementary report required to be obtained under paragraph (3) hereof; c the owner of the mine or quarry has preserved the said reports at the office at the time or quarry or at such other place as may be approved by an inspector; and d a period of thirty days has expired beginning with the date on which the last of the notices referred to in this regulation became operative or such shorter period as the inspector for the district may permit. 3 If an inspector is of opinion that additional surveys, tests, boreholes or ground water measurements ought to be made before tipping operations are begun or that provision ought to have been made in any report under this regulation for any matter for which provision was not made in the report or that different provision ought to have been made in the report, he may serve on the owner of the mine or quarry a notice stating that he is of that opinion, specifying the additional surveys, tests, boreholes or ground water measurements which in his opinion ought to be made or the matter for which, in his opinion, provision or, as the case may be, different provision ought to have been made in the report and the nature of the provision which, in his opinion, ought to be made, and requiring the owner to make additional surveys, tests, boreholes or ground water measurements and to obtain a supplementary report from the person who made any previous report under this regulation or from some other person competent to make the report in accordance with the tenor of the notice, and any such notice shall, if it is so specified there, become operative forthwith. 4 The provisions of Part XV of the 1954 Act with respect to references upon notices served by inspectors shall apply to a notice served under the last preceding paragraph, and the relevant ground of objection shall be that adequate surveys, tests, boreholes or ground water measurements have already been made or that adequate provision is already made in the report for ensuring the security of the intended tip or for determining whether the land on which the tipping operations are to be carried out is satisfactory for the purpose. Tipping Rules 10 1 In the case of any mine or quarry with which is associated an active classified tip, the manager of the mine or, as the case may be, the owner of the quarry shall make tipping rules with respect to tipping operations on that tip and the nature of the refuse to be deposited on that tip and such rules shall in particular specify the following matters — a the manner in which tipping operations on that tip are to be carried out; b the nature and extent of supervision of such tipping operations and the precautions to be taken in carrying out such tipping operations in order to avoid a dangerous occurrence in relation to the tip and in order to keep the tip secure and which of the persons employed at the mine or quarry has been appointed under regulation 5(1) to carry out that supervision and which of them are to take those precautions; c the nature and frequency of inspections of the tip and of the premises on which it is situated and of the drainage of the tip that in the opinion of the person making the rules are necessary to be carried out during such tipping operations to ensure the security of the tip, additional to the inspections required by other provisions of these regulations, and which of the persons employed at the mine or quarry are to carry out those inspections; d the action to be taken in respect of any defect revealed by any of those inspections. 2 Where after the coming into operation of these regulations tipping operations are begun on premises which at that time are not the site of a tip to which Part I of the 1969 Act applies, the tipping rules shall be made upon the beginning of the operations. Inspections 11 In the case of any mine or quarry with which is associated an active classified tip — a the manager of the mine or, as the case may be, the owner of the quarry shall make and ensure the efficient carrying out of arrangements whereby a competent person appointed for that purpose by the manager of the mine, or, as the case may be, by the owner of the quarry shall inspect weekly every such tip and the premises on which it is situated and to the best of his ability inspect the drainage of the tip and shall carry out such other inspections as are required by tipping rules; b a person who has carried out an inspection in pursuance of this regulation shall forthwith make and sign a full and accurate report of the inspection, and every such report, or a copy of such report, shall, until the expiration of three years after such inspection, be kept at the office at the mine or quarry or at such other place as may be approved by an inspector and be open to inspection by, or by a person authorised in that behalf in writing by, any person employed at that mine or quarry; c a person who has carried out an inspection in pursuance of this regulation shall forthwith record in a book provided for that purpose by the owner of the mine or quarry a report of every defect revealed by the inspection; d the person having responsibility for a tip shall record in a book provided for that purpose by the owner of the mine or quarry the action taken to remedy any defect revealed by any inspection carried out in pursuance of this regulation. Reports 12 1 In the case of any mine or quarry with which is associated an active classified tip it shall not be lawful (subject to paragraph (3) below) for tipping operations to be carried out at that tip unless a report has been obtained in the last two preceding years from a person competent to make the report on the tip and on every matter which might affect the security of the tip. 2 A special supplementary report on the tip and on every matter which might affect the security of the tip shall be obtained from a person competent to make the report as soon as practicable after a dangerous occurrence has occurred in relation to the tip, or after such a change in the design of the tip or in the nature or location of the types of refuse deposited or such a variation to or departure from its specification, as might affect its security, has been made. 3 Where after the coming into operation of these regulations tipping operations are begun on premises which at that time are not the site of a tip to which Part I of the 1969 Act applies, the first report (other than a special supplementary report) for the purposes of this regulation shall be obtained not more than two years after the date on which the tipping operations begin. 4 Every report obtained for the purposes of this regulation shall contain in particular — a an opinion whether the tip is secure; b an opinion whether, so far as the person making the report can ascertain, there have been any changes in the design of the tip or in the nature or location of the types of refuse deposited or any variation to or departure from the specification since the original design and specification (other than those noted in a previous report under these regulations) with details of them; c an opinion whether, so far as the person making the report can ascertain, there has occurred or is likely to occur any subsidence or other surface movement which may affect the security of the tip with details of the subsidence or other surface movement and its effect or probable effect on the security of the tip; d an account of any surveys, tests, boreholes and ground water measurements made for the purposes of the report and the results thereof; e the nature and extent of inspection, supervision and safety measures that in the opinion of the person making the report are necessary to be carried out during tipping operations to ensure the security of the tip. Reports, Plans and Sections. of Tips and Geological Map 13 In the case of any mine or quarry with which is associated an active classified tip it shall be the duty of the manager of the mine or, as the case may be, of the owner of the quarry to keep at the office at the mine or quarry or at such other place as may be approved by an inspector — a any report on or relating to every such tip obtained under these regulations; b any directions relating to every such tip made by an inspector or the Secretary of State under or by virtue of the Mines and Quarries Acts 1954 and 1969; c accurate plans and sections of every such tip showing clearly and accurately the extent of the tip up to a date not more than fifteen months past or such other date as an inspector may require in any particular case, accurate plans of the premises on which every such tip is situated and of the neighbouring land within 250 metres of the boundaries of the said premises and such accurate sections of the strata underlying every such tip as may be necessary to show any variation in the thickness or character of the strata which may affect the security of the tip; d a geological map of the district in which every such tip is situated, being a map on the scale of 1/10,000 or, if a map on so large a scale is not available, a map on the nearest scale which shows the boundaries of the premises on which the tip is situated and the neighbouring land within 250 metres of the said boundaries. Records of Refuse tipped 14 In the case of any mine or quarry with which is associated an active classified tip — a it shall be the duty of the manager of the mine or, as the case may be, of the owner of the quarry to make and ensure the efficient carrying out of arrangements whereby a weekly record of the nature, quantity and location of the types of refuse deposited at every such tip is entered by a competent person appointed by him in a book provided for that purpose by the owner of the mine or quarry; b it shall be the duty of the manager of the mine or, as the case may be, of the owner of the quarry to make and ensure the efficient carrying out of arrangements whereby an annual record of the nature, quantity and location of the types of refuse deposited at every such tip is made by a competent person appointed by him, and every such record, or a copy of such record, shall, until the tip ceases to be an active classified tip, be kept at the office at the mine or quarry or at such other place as may be approved by an inspector and be open to inspection by, or by a person authorised in that behalf in writing by, any person employed at that mine or quarry. Notification of change in design or specification of tips 15 Where such a change in the design of an active classified tip or in the nature or location of the types of refuse deposited or such a variation to or departure from its specification, as might affect its security, has been made, it shall be the duty of the manager of the mine or of the owner of the quarry with which the tip is associated to give notice forthwith of the change, variation or departure to the inspector for the district. Transitional provisions for existing tips 16 Regulations 10(1), 11 (in so far as it refers to tipping rules), 12(1) and 13(c) and (d)shall not apply in relation to any tip which is an active classified tip at the date of the coming into operation of these regulations until twelve months after the said date. PART IV PROVISIONS RELATING TO CLOSED CLASSIFIED TIPS Inspections 17 1 In the case of any mine or quarry with which is associated a closed classified tip the owner of the mine or quarry shall make and ensure the efficient carrying out of arrangements whereby a competent person appointed for that purpose by the owner shall inspect every such tip and the premises on which it is situated and to the best of his ability inspect the drainage of the tip — a where the tip consists of refuse accumulated or deposited wholly or mainly in solution or suspension, at intervals not exceeding six months; b where the tip consists of refuse accumulated or deposited wholly or mainly in a solid state and not in solution or suspension, at intervals not exceeding twelve months. 2 A person who has carried out an inspection in pursuance of this regulation shall forthwith make and sign a full and accurate report of the inspection, and every such report, or a copy of such report, shall, until the expiration of three years after such inspection, be kept at the office at the mine or quarry or at such other place as may be approved by an inspector and be open to inspection by, or by a person authorised in that behalf in writing by, any person employed at that mine or quarry. 3 A person who has carried out an inspection in pursuance of this regulation shall forthwith record in a book provided for that purpose by the owner of the mine or quarry a report of every defect revealed by the inspection. 4 The person having responsibility for a tip shall record in a book provided for that purpose by the owner of the mine or quarry the action taken to remedy any defect revealed by any inspection carried out in pursuance of this regulation. 5 Every entry made in any such book as aforesaid or a copy of that entry shall be preserved — a where the tip consists of refuse accumulated or deposited wholly or mainly in solution or suspension, until the expiration of five years after the date on which it was made or until a report has been obtained for the purposes of regulation 18, whichever is the earlier; b where the tip consists of refuse accumulated or deposited wholly or mainly in a solid state and not in solution or suspension, until the expiration of ten years after the date on which it was made or until a report has been obtained as aforesaid, whichever is the earlier. Reports 18 1 In the case of any mine or quarry with which is associated a closed classified tip the owner of the mine or quarry shall obtain — a a report from a person competent to make the report on the tip and on every matter which might affect the security of the tip — i where the tip consists of refuse accumulated or deposited wholly or mainly in solution or suspension, at intervals not exceeding five years; ii where the tip consists of refuse accumulated or deposited wholly or mainly in a solid state and not in solution or suspension, at intervals not exceeding ten years; and b a special supplementary report on the tip and on every matter which might affect the security of the tip from a person competent to make the report as soon as practicable after a dangerous occurrence has occurred in relation to the tip. 2 Every report obtained for the purposes of this regulation shall contain in particular — a an opinion whether the tip is secure; b details of any subsidence or other surface movement that has occurred which may affect the security of the tip; c an account of any surveys, tests, boreholes and ground water measurements made for the purposes of the report and the results thereof; d the nature and extent of inspection, supervision and safety measures that in the opinion of the person making the report are necessary to be carried out to ensure the security of the tip. 3 The owner shall obtain the first report under sub-paragraph (a) paragraph (1) of this regulation — a where no report has been obtained from a person competent to make the report on the tip under any other provisions of these regulations — within two years after the tip becomes a classified tip or, in the case of a tip which is a classified tip at the date of the coming into operation of these regulations, within two years after the said date; b where a report has been obtained from a person competent to make the report on the tip under any other provisions of these regulations and the tip consists of refuse accumulated or deposited wholly or mainly in solution or suspension — within five years after the report has been obtained; c where a report has been obtained as aforesaid and the tip consists of refuse accumulated or deposited wholly or mainly in a solid state and not in solution or suspension — within ten years after the report has been obtained. Reports, Plans and Section of Tips and Geological Maps 19 1 In the case of any mine or quarry with which is associated a closed classified tip, it shall be the duty of the owner of the mine or quarry to make and ensure the efficient carrying out of arrangements whereby correct particulars of any operations carried out at every such tip which might affect its security are recorded by a competent person appointed by him in a book provided by him for that purpose and (where necessary) on plans, drawings and sections attached thereto. 2 For the purposes of this regulation “ operations ” includes surveys and tests as well as building, engineering, mining and other operations . 20 1 In the case of any mine or quarry with which is associated a closed classified tip it shall be the duty of the owner of the mine or quarry to keep at the office at the mine or quarry or at such other place as may be approved by an inspector — a any reports on or relating to every such tip obtained under these regulations; b any directions relating to every such tip made by an inspector or the Secretary of State under or by virtue of the Mines and Quarries Acts 1954 and 1969; c accurate plans and sections of every such tip showing clearly and accurately the extent of the tip up to the date on which it ceased to be used for the deposit of refuse from the mine or quarry, accurate plans of the premises on which every such tip is situated and of the neighbouring land within 250 metres of the boundaries of the said premises and such accurate sections of the strata underlying every such tip as may be necessary to show any variation in the thickness or character of the strata which may affect the security of the tip; d a geological map of the district in which every such tip is situated, being a map on the scale of 1/10,000 or, if a map on so large a scale is not available, a map on the nearest scale which shows the boundaries of the premises on which the tip is situated and the neighbouring land within 250 metres of the said boundaries; e all records (or copies thereof) of refuse deposited at every such tip made pursuant to regulation 14(b); f all records of operations carried out at every such tip made pursuant to regulation 19. 2 In the case of any tip which is a closed classified tip at the date of the coming into operation of these regulations, sub-paragraphs ( c ) and ( d ) of paragraph (1) of this regulation shall not apply until two years after the said date, and in the case of any tip which becomes a closed classified tip after the said date by virtue of a direction given by an inspector under these regulations, the said sub-paragraphs of paragraph (1) of this regulation shall not apply until two years after the direction becomes operative. PART V RESUMPTION OF TIPPING OPERATIONS AT CLOSED TIPS Procedure before resumption 21 1 If at any time tipping operations from a mine or quarry are to be resumed at a tip which at that time is a closed tip but not a classified tip, the owner of the mine or quarry shall, in addition to the notice required to be given under section 4 of the 1969 Act, give notice to the inspector for the district stating whether it is intended that the tip is or is not become a classified tip not less than thirty days or such shorter period as the inspector may permit, before the resumption of the operations. 2 The provisions of paragraphs (2) to (4) of regulation 8 shall apply in relation to such a notice as they apply in relation to a notice under regulation 8(1) as if the references in the said paragraphs to the resulting tip were a reference to the closed tip and as if the reference in regulation 8(2) to the beginning of tipping operations were a reference to the resumption of tipping operations. 22 1 If at any time tipping operations from a mine or quarry are to be resumed at a tip which at that time is a closed classified tip or if an owner of a mine or quarry with which is associated a closed tip, at which tipping operations are to be resumed but which is not a classified tip, gives notice pursuant to regulation 21(1) that it is intended that the tip is to become a classified tip, or if an inspector before tipping operations from a mine or quarry are resumed at a closed tip which is not a classified tip gives a direction by virtue of regulation 21(2) that the tip shall be treated for the purposes of these regulations as a classified tip — a the owner of the mine or quarry, with which the tip is associated, shall, not less than thirty days, or such shorter period as the inspector may permit, before the resumption of tipping operations at that tip from the mine or quarry, obtain or make and thereafter keep, until the premises become the site of an active classified tip, at the office at the the mine or quarry or at such other place as may be approved by an inspector such maps, sections and plans as are required to be obtained or made and kept by regulation 9(1); b tipping operations shall not be resumed at that tip from the mine or quarry until such conditions are satisfied as are specified in regulation 9(2); but nothing in this sub-paragraph shall require the owner to obtain a report within two years of any report already obtained on the tip and on every matter which might affect the security of the tip under the provisions of regulations 9(2)(a), 9(3) and 12(1), unless such a change in the design of the tip or in the nature or location of the types of refuse deposited or such a variation to or departure from its specification, as might affect its security, has been made. 2 The provisions of regulation 9(3) and (4) shall apply as if the reference in regulation 9(3) to the reports under that regulation were a reference to the reports required to be obtained by virtue of sub-paragraph ( b ) of paragraph (1) of this regulation and as if the reference in regulation 9(3) to the beginning of tipping operations were a reference to their resumption. Tipping Rules 23 Where after the coming into operation of these regulations tipping operations are resumed at a tip which at that time is a closed classified tip tipping rules shall be made upon the resumption of the operations. PART VI MISCELLANEOUS PROVISIONS Transmission of plans etc relating to tips ceasing to be associated with a mine or quarry 24 In the event of the abandonment of a mine or quarry, the owner of the mine or quarry shall within three months thereafter send to the inspector for the district — a all such plans, drawings and sections relating to tips associated with the mine or quarry as were required to be kept by virtue of section 6 of the 1969 Act; b all such other plans relating to tips associated with the mine or quarry as were required to be kept under these regulations; c all such reports or records relating to tips associated with the mine or quarry as were required to be kept by virtue of regulations 13, 14(b) and 20. 25 Before an owner of a mine or quarry with which is associated a tip to which Part I of the 1969 Act applies parts with the exclusive occupation of the whole of the premises on which the tip is situated, he shall send to the inspector for the district all such plans, drawings, sections, reports and records relating to the tip as are referred to in regulation 24 or an accurate copy thereof. Directions 26 1 An inspector may at any time not already provided for in these regulations by notice served on the person having responsibility for a tip which is not a classified tip for the purpose of ensuring the security of the tip direct that the tip shall be treated for the purposes of all or any of these regulations as a classified tip and any such notice shall, if it is so specified therein, become operative forthwith. 2 The provisions of Part XV of the 1954 Act with respect to references upon notices served by inspectors shall apply to a notice served by an inspector under the last preceding paragraph, and the relevant ground of objection shall be that compliance with the notice is wholly, or to a particular extent, unnecessary for the purpose of ensuring the security of the tip. Conduct of employees 27 1 Without prejudice to the generality of section 3(3) of the 1954 Act, every person employed at a tip to which Part I of the 1969 Act applies shall obey any instruction given to him by any person upon whom duties are laid by these regulations, being an instruction given by that person for the purpose of the performance of those duties. 2 No person so employed shall impede or obstruct any other person in the performance of such duties. 3 Regulation 2(1) of the Coal and Other Mines (General Duties and Conduct) Regulations 1956 shall not apply to any such instruction and regulation 2(2) of those regulations shall not apply to such duties. Application of other regulations 28 Any reference in any other regulations to the 1954 Act shall, except where the context otherwise requires, include a reference to Part I of the 1969 Act where such a reference is appropriate for the purpose of ensuring the security of tips to which the said Part I applies. Revocation 29 The Mines and Quarries (Notification of Tipping Operations) Regulations 1969 are hereby revoked. John Eden Minister for Industry Department of Trade and Industry Dated 17th August 1971

The Children and Young Persons (Termination of Transitional Provisions) Order 1971 In exercise of the powers conferred upon me by section 72(2) of the Children and Young Persons Act 1969, I hereby make the following Order: — 1 This Order may be cited as the Children and Young Persons (Termination of Transitional Provisions) Order 1971 and shall come into operation on 15th April 1971. 2 The day specified for the purposes of section 72(2) of the Children and Young Persons Act 1969 (transitional provisions) shall be 15th April 1971, being the day on and after which the transitional provisions set out in Part II of Schedule 4 to the said Act of 1969 will, in the opinion of the Secretary of State, be unnecessary in consequence of the coming into force of provisions of the Social Work (Scotland) Act 1968. R. Maudling One of Her Majesty's Principal Secretaries of State Home Office, Whitehall 1st April 1971

The Diseases of Animals (Extension of Definitions) Order 1971 The Minister of Agriculture, Fisheries and Food, acting in relation to England and Wales, and the Secretary of State, acting in relation to Scotland, in pursuance of section 84(3)(a) of the Diseases of Animals Act 1950 , as read with the Transfer of Functions (Animal Health) Order 1955, and of all their other enabling powers, hereby order as follows: — Citation and extent 1 This order, which may be cited as the Diseases of Animals (Extension of Definitions) Order 1971, shall apply throughout Great Britain. Interpretation 2 1 In this order — “ the Act ” means the Diseases of Animals Act 1950, as amended or extended by any subsequent enactment ; “ brucellosis ” means the disease caused by brucella abortus , otherwise known as epizootic abortion or contagious abortion . 2 The Interpretation Act 1889 applies to the interpretation of this order as it applies to the interpretation of an Act of Parliament. “Disease” to include brucellosis 3 1 For all the purposes of the Act, except section 8 (which requires outbreaks of disease to be reported to the police and affected animals to be isolated), the definition of the expression “ disease ” in section 84(3)(a) of the Act is hereby extended to include brucellosis . 2 Nothing in this order affects the operation of the Epizootic Abortion Order of 1922. In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th March 1971. J. M. L. Prior Minister of Agriculture, Fisheries and Food Given under the Seal of the Secretary of State for Scotland on 26th March 1971. Gordon Campbell Secretary of State for Scotland

The Clean Air (Measurement of Grit and Dust from Furnaces) Regulations 1971 The Secretary of State for the Environment, in exercise of his powers under section 7(2) of the Clean Air Act 1956and of all other powers enabling him in that behalf, hereby makes the following regulations: — Title and commencement 1 These regulations may be cited as the Clean Air (Measurement of Grit and Dust from Furnaces) Regulations 1971 and shall come into operation on 1st March 1971. Interpretation 2 The Interpretation Act 1889shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament. Measurement of grit and dust emitted from furnaces 3 Where, by virtue of a direction served by the local authority under section 7(1) of the Clean Air Act 1956 as amended by section 5(1) of the Clean Air Act 1968 the provisions of subsection (2) of the first-mentioned section apply to a furnace, the occupier of the building in which the furnace is situated shall comply with the requirements set out in the schedule hereto. Revocation 4 The Clean Air (Measurement of Grit and Dust) Regulations 1968 are hereby revoked: Provided that such revocation shall not affect any notice given, measurement made or recorded or any thing duly done under those regulations; and every such notice given, measurement made or recorded or thing duly done shall have effect as if it had been given, made, recorded or done under these regulations. Peter Walker Secretary of State for the Environment 1st February 1971 SCHEDULE ADAPTATIONS TO CHIMNEYS AND PROVISION AND MAINTENANCE OF APPARATUS 1 1 Where the occupier receives not less than 6 weeks notice in writing from the local authority requiring adaptations to the chimney serving a furnace and the provision of apparatus for the purpose of making and recording the measurements of grit and dust emitted from the furnace, he shall, within the period specified in the notice, make such adaptations to the chimney as are necessary for the making and recording of such measurements by one of the procedures described in British Standard 3405, 1961, published by the British Standards Institution, and provide the apparatus therein mentioned. 2 All apparatus provided for the purposes of this paragraph shall be maintained in good working order. MAKING AND RECORDING MEASUREMENTS 2 1 When the requirements of paragraph 1 of this Schedule have been complied with the occupier, on receiving not less than 28 days notice in writing from the local authority requiring him to make and record measurements of grit and dust emitted from a furnace, shall within the period specified in the notice make and record such measurements in accordance with the procedure detailed in pages 13 to 26 of the publication “Measurement of Solids in Flue Gases” by P. G. W. Hawksley, S. Badzioch and J. H. Blackett, published in 1961 by the British Coal Utilisation Research Association. 2 Before making any measurements the occupier shall give to the local authority not less than 48 hours notice in writing of the date on which and the time at which he proposes to commence to do so. 3 The occupier shall, in relation to each chimney to which these regulations apply, keep a written record containing the following particulars — a the date on which any measurements were made; b the number of furnaces discharging into the chimney on that date; c the measurements in terms of pounds per hour of grit and dust emitted and the percentage of grit contained in the solids emitted; and shall transmit a copy of such particulars to the local authority within 14 days from the making of the measurements in respect of which the particulars are recorded. 4 A notice served for the purpose of this paragraph may require the making of measurements from time to time or at stated intervals: Provided that an occupier shall not be required to make measurements in respect of any one chimney more than once in any period of 3 months unless in the opinion of the local authority the true level of emission of grit and dust cannot be determined without the making of further measurements. 3 Anything required to be done by an occupier under the provisions of this schedule may be done on his behalf by any other person.

The Smoke Control Areas (Exempted Fireplaces) Order 1971 The Secretary of State for the Environment, in exercise of his powers under section 11(4) of the Clean Air Act 1956 and of all other powers enabling him in that behalf, hereby orders as follows: — Title and commencement 1 This order may be cited as the Smoke Control Areas (Exempted Fireplaces) Order 1971 and shall come into operation on 24th August 1971. Interpretation 2 The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament. Class of fireplace exempted from section 11 of the Clean Air Act 1956 3 The class of fireplace described in column (1) of the schedule hereto shall, subject to the conditions specified in column (2), be exempted from the provisions of section 11 of the Clean Air Act 1956.(which empowers a local authority to declare the whole or any part of their district to be a smoke control area) Peter Walker Secretary of State for the Environment 30th July 1971 SCHEDULE (1) (2) Class ofFireplace Conditions The fireplace known as the Rayburn CB 34 and manufactured by Glynwed Foundries Limited The fireplace shall be installed, maintained and operated so as to minimise the emmision of smoke and in accordance with the manufacturer's instructions.No fuel shall be used other than selected washed coal singles

The Double Taxation Relief (Taxes on Income) (Federal Republic of Germany) Order 1971 At the Court at Buckingham Palace, the 25th day of May 1971 Present, The Queen's Most Excellent Majesty in Council Whereas a draft of this Order was laid before the Commons House of Parliament in accordance with the provisions of section 497(8) of the Income and Corporation Taxes Act 1970, and an Address has been presented to Her Majesty by that House praying that an Order may be made in the terms of this Order: Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 497 of the said Income and Corporation Taxes Act 1970, and section 39 of the Finance Act 1965, as amended, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 This Order may be cited as the Double Taxation Relief (Taxes on Income) (Federal Republic of Germany) Order 1971. 2 It is hereby declared — a that the arrangements specified in the Protocol set out in the Schedule to this Order have been made with the Government of the Federal Republic of Germany with a view to affording relief from double taxation in relation to income tax, corporation tax, or capital gains tax and taxes of a similar character imposed by the laws of the Federal Republic of Germany varying the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Federal Republic of Germany) Order 1967 ; and b that it is expedient that those arrangements should have effect. N. E. Leigh SCHEDULE PROTOCOL AMENDING THE COVENTION BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE FEDERAL REPUBLIC OF GERMANY FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION, SIGNED AT BONN ON THE 26th NOVEMBER, 1964 The United Kingdom of Great Britain and Northern Ireland and the Federal Republic of Germany; Desiring to conclude a Protocol to amend the Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion, signed at Bonn on the 26th November, 1964 (hereinafter referred to as “ the Convention ”) ; Have agreed as follows: ARTICLE 1 Article I of the Convention shall be deleted and replaced by the following: Article I 1 The taxes which are the subject of the present Convention are: a in the Federal Republic of Germany: the Einkommensteuer (income tax) including the Ergänzungsabgabe (surcharge) thereon, the Körperschaftsteuer (corporation tax) including the Ergänzungsabgabe (surcharge) thereon, the Vermögensteuer (capital tax), and the Gewerbesteuer (trade tax) (hereinafter referred to as “ Federal Republic tax ”) ; b in the United Kingdom of Great Britain and Northern Ireland: the income tax (including surtax), the corporation tax, and the capital gains tax (hereinafter referred to as “ United Kingdom tax ”) . 2 The present Convention shall also apply to any identical or substantially similar taxes which are imposed by either Contracting Party after the date of signature of the present Convention in addition to, or in place of, the existing taxes. ARTICLE 2 Sub-paragraphs (a) and (b) of paragraph (1) of Article II of the Convention shall be deleted and replaced by the following: a the term “ United Kingdom ” means Great Britain and Northern Ireland, including any area outside the territorial sea of the United Kingdom which in accordance with international law has been or may hereafter be designated, under the laws of the United Kingdom concerning the Continental Shelf, as an area within which the rights of the United Kingdom with respect to the sea bed and sub-soil and their natural resources may be exercised ; b the term “ the Federal Republic ”, when used in a geographical sense, means the territory in which the Basic Law for the Federal Republic of Germany is in force, as well as any area adjacent to the territorial waters of the Federal Republic of Germany designated, in accordance with international law as related to the rights which the Federal Republic of Germany may exercise with respect to the sea bed and sub-soil and their natural resources, as domestic area for tax purposes ; ARTICLE 3 Paragraph (2) of Article II of the Convention shall be deleted and replaced by the following: 2 Where under any provision of this Convention income from a source in one of the territories is relieved from tax in that territory if it is subject to tax in the other territory, and, under the law in force in that other territory, the said income is subject to tax by reference to the amount thereof which is remitted to or received in that other territory and not by reference to the full amount thereof, then the relief to be allowed under this Convention in the first-mentioned territory shall apply only to so much of the income as is remitted to or received in the other territory. ARTICLE 4 1 Paragraph (1) of Article VI of the Convention shall be deleted and replaced by the following: 1 Dividends paid by a company resident in one of the territories to a resident of the other territory may also be taxed in the former territory. Tax shall not, however, be charged in that former territory at a rate in excess of 15 per cent on the gross amount of such dividends provided that those dividends either are subject to tax in the other territory or, being dividends paid by a company which is resident in the United Kingdom, are exempt from Federal Republic tax under the provisions of sub-paragraph (a) of paragraph (2) of Article XVIII. 2 Paragraph (4) of Article VI of the Convention shall be deleted and replaced by the following: 4 The term “ dividends ” as used in this Article means income from shares, jouissance shares or jouissance rights, mining shares, founders' shares or other rights, not being debt-claims, participating in profits, as well as income from other corporate rights assimilated to income from shares by the taxation law of the territory of which the company making the distribution is a resident; in the case of the United Kingdom, the term includes any item (other than interest or royalties exempt from United Kingdom tax under the provisions of Article VII of this Convention) which under the law of the United Kingdom is treated as a distribution of a company; in the case of the Federal Republic the term includes income arising from participation in the capital and profits of a company resident in the Federal Republic, and the income derived by a sleeping partner from his participation as such . 3 Paragraph (6) of Article VI of the Convention shall be deleted and replaced by the following: 6 If the recipient of dividends is a company and if those dividends are exempt from tax in the territory of which that company is a resident, the provisions of the second sentence of paragraph (1) and the provisions of paragraph (2) of this Article shall not apply to the dividends to the extent that they can have been paid only out of income which accrued to the company paying the dividends in a period ending twelve months or more before the said recipient acquired the shares in respect of which the dividends are paid. Provided that this paragraph shall not apply if the shares were not acquired primarily for the purpose of securing the benefit of this Article. ARTICLE 5 The following new paragraph shall be added at the end of Article VII of the Convention: 6 Any provision in the law of either of the territories which relates only to interest paid to a non-resident company or only to royalties so paid shall not operate so as to require interest or royalties paid to a company which is a resident of the other territory to be left out of account as a deduction in computing the taxable profits of the company paying the interest or royalties, unless the debt-claim in respect of which the interest is paid, or the right or property giving rise to the royalties, as the case may be, was created or assigned mainly for the purpose of taking advantage of this paragraph and not for bona fide commercial reasons. ARTICLE 6 Article VIII of the Convention shall be deleted and replaced by the following: Article VIII 1 Capital gains from the alienation of immovable property, as defined in paragraph (2) of Article XII , may be taxed in the territory in which such property is situated. 2 Capital gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of one of the territories has in the other territory or of movable property pertaining to a fixed base available to a resident of one of the territories in the other territory for the purpose of performing professional services, including such gains from the alienation of such a permanent establishment (alone or together with the whole enterprise) or of such a fixed base, may be taxed in the other territory. However, gains from the alienation of movable property of the kind referred to in paragraph (3) of Article XVI shall be taxable only in the territory in which such movable property is taxable according to the said Article. 3 Capital gains from the alienation of any property other than those mentioned in paragraphs (1) and (2) of this Article, shall be taxable only in the territory of which the alienator is a resident. Provided that this paragraph shall not affect the liability to United Kingdom tax on such gains of individuals who remain ordinarily resident in the United Kingdom and who are not subject to tax in the Federal Republic in respect of those gains. ARTICLE 7 Paragraph (3) of Article XII of the Convention shall be deleted and replaced by the following: 3 The provisions of paragraphs (1) and (2) of this Article shall apply to income derived from the direct use or from the letting of immovable property or the use in any other form of such property, including income from agricultural or forestry enterprises. ARTICLE 8 Article XVII of the Convention shall be deleted and replaced by the following: Article XVII 1 Subject to the provisions of paragraph (3) of this Article, individuals who are residents of the Federal Republic shall be entitled to the same personal allowances, reliefs and reductions for the purposes of United Kingdom tax as British subjects not resident in the United Kingdom. 2 Subject to the provisions of paragraph (3) of this Article, individuals who are residents of the United Kingdom shall be entitled to the same personal allowances, reliefs and reductions for the purposes of Federal Republic tax as German nationals not resident in the Federal Republic. 3 Nothing in this Convention shall entitle an individual who is a resident of one of the territories and whose income from the other territory consists solely of dividends, interest or royalties (or solely of any combination thereof) to the personal allowances, reliefs and reductions of the kind referred to in this Article for the purposes of taxation in that other territory. ARTICLE 9 Article XVIII of the Convention shall be deleted and replaced by the following: Article XVIII 1 Subject to the provisions of the law of the United Kingdom regarding the allowance as a credit against United Kingdom tax of tax payable in a territory outside the United Kingdom (which shall not affect the general principle hereof): a Federal Republic tax payable under the laws of the Federal Republic and in accordance with this Convention, whether directly or by deduction, on profits, income or chargeable gains from sources within the Federal Republic (excluding in the case of a dividend, tax payable in respect of the profits out of which the dividend is paid) shall be allowed as a credit against any United Kingdom tax computed by reference to the same profits, income or chargeable gains by reference to which the Federal Republic tax is computed; b in the case of a dividend paid by a company which is a resident of the Federal Republic to a company which is a resident of the United Kingdom and which controls directly or indirectly at least 25 per cent of the voting power in the Federal Republic company, the credit shall take into account (in addition to any Federal Republic tax creditable under the provisions of sub-paragraph ( a ) of this paragraph) the Federal Republic tax payable by the company in respect of the profits out of which such dividend is paid. For the purposes of this paragraph the term “ Federal Republic tax ” shall not include Gewerbesteuer (trade tax) computed on a basis other than profits or Vermögensteuer (capital tax) . 2 Tax shall be determined in the case of a resident of the Federal Republic as follows: a Unless the provisions of sub-paragraph ( b ) below apply, there shall be excluded from the basis upon which Federal Republic tax is imposed any item of income from sources within the United Kingdom and any item of capital situated within the United Kingdom which, according to this Convention, may be taxed in the United Kingdom provided that capital gains referred to in paragraph (1) of Article VIII shall be so excluded only if they are subject to tax in the United Kingdom. The Federal Republic, however, retains the right to take into account in the determination of its rate of tax the items of income and capital so excluded. The first sentence of this sub-paragraph shall in the case of income from dividends apply only to such dividends as are paid to a company limited by shares ( Kapitalgesellschaft ) being a resident of the Federal Republic by a company limited by shares being a resident of the United Kingdom at least 25 per cent of the voting shares of which are owned by the first-mentioned company. There shall also be excluded from the basis upon which Federal Republic tax is imposed any participation the dividends on which are excluded, or if paid would be excluded, from the tax basis according to the foregoing sentence. b Subject to the provisions of German tax law regarding credit for foreign tax, there shall be allowed as a credit against Federal Republic tax on income payable in respect of the following items of income from sources within the United Kingdom: i the United Kingdom tax payable under the laws of the United Kingdom and in accordance with this Convention on dividends not dealt with in sub-paragraph ( a ) above; ii the United Kingdom tax payable under the laws of the United Kingdom and in accordance with this Convention on remuneration and pensions within the meaning Article IX paid out of any fund established in the United Kingdom to an individual who is a German national without being also a national of the United Kingdom. 3 For the purposes of this Article: a profits or remuneration arising from the exercise of a profession or employment in one of the territories shall be deemed to be income from sources within that territory; b the services of an individual whose services are wholly or mainly performed in ships or aircraft operated by a resident of one of the territories shall be deemed to be performed in that territory; and c any remuneration or pension within the meaning of paragraphs (1) or (2) of Article IX shall be deemed, notwithstanding the foregoing provisions of this paragraph, to be income from a source within the territory of the Contracting Party in whose territory the fund is established out of which the remuneration or pension is paid. ARTICLE 10 The following new Article shall be inserted immediately after Article XVIII of the Convention: Article XVIII A 1 Where a resident of one of the territories considers that the actions of one or both of the Contracting Parties result or will result for him in taxation not in accordance with this Convention, he may, notwithstanding the remedies provided by the national laws of those territories, present his case to the taxation authority of the territory of which he is a resident. 2 The taxation authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at an appropriate solution, to resolve the case by mutual agreement with the taxation authority of the other territory, with a view to the avoidance of taxation not in accordance with the Convention. 3 The taxation authorities of the territories shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the application of the Convention. 4 Nothing in this Convention shall prevent tax in one of the territories from being deducted at source at the rates which would apply if this Convention were not in force. Where the income concerned is exempt from tax in such territory under the provisions of this Convention or where the amount of tax so deducted exceeds the amount of tax chargeable under the provisions of this Convention, the tax so deducted or the excess amount of tax shall be refunded upon application to be made by the recipient of such income to the tax office concerned. The refund shall be made if it is applied for within a period of three years from the day on which the income has been received or within such longer period as it permitted under the law in force in the territory concerned. 5 The taxation authorities of the territories may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraphs or for the purpose of applying the provisions of the Convention. ARTICLE 11 Article XIX of the Convention shall be deleted and replaced by the following: Article XIX 1 The taxation authorities of the territories shall exchange such information as is necessary for carrying out the provisions of this Convention or for the prevention of fraud or for the administration of statutory provisions against legal avoidance in relation to the taxes which are the subject of the Convention. Any information so exchanged shall be treated as secret but may be disclosed to persons (including a court or administrative body) concerned with the assessment, collection, enforcement or prosecution in respect of taxes which are the subject of the Convention. 2 In no case shall the provisions of paragraph (1) of this Article be construed so as to impose on the taxation authority of either territory the obligation: a to carry out administrative measures at variance with the laws or administrative practice prevailing in either territory; b to supply particulars which are not obtainable under the laws or in the normal course of the administration in that or the other territory; or c to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information the disclosure of which would be contrary to public policy. ARTICLE 12 Article XXIV of the Convention shall be deleted and replaced by the following: Article XXIV This Convention shall continue in effect indefinitely but either Contracting Party may, on or before the thirtieth day of June in any calendar year, but not earlier than in the calendar year 1971, give, through diplomatic channels, notice of termination to the other Contracting Party and, in such event, this Convention shall cease to be effective: a in the United Kingdom: i as respects income tax (including surtax) and capital gains tax, for any year of assessment beginning on or after 6th April in the calendar year next following that in which the notice is given; and ii as respects corporation tax, for any financial year beginning on or after 1st April in the calendar year next following that in which the notice is given; b in the Federal Republic: for any period of assessment following the year in which the notice is given. ARTICLE 13 This Protocol shall also apply to Land Berlin, provided that the Government of the Federal Republic of Germany has not made a contrary declaration to the Government of the United Kingdom within three months from the date of entry into force of this Protocol. ARTICLE 14 1 This Protocol shall be ratified and the instruments of ratification shall be exchanged at Bonn as soon as possible. 2 This Protocol shall enter into force after the expiration of thirty days following the date on which the instruments of ratification are exchanged . 3 Upon the entry into force of this Protocol it shall be regarded as an integral part of the Convention, and the competent authority in either territory may publish the text of the Convention as amended by this Protocol. 4 Upon the entry into force of this Protocol, it shall have effect: a in the United Kingdom: i as respects income tax (including surtax) and capital gains tax, for any year of assessment beginning on or after 6th April, 1969; and ii as respects corporation tax, for any financial year beginning on or after 1st April, 1969; b in the Federal Republic: as respects Federal Republic taxes, which are levied for the assesment period 1969 and for subsequent periods. 5 Where any greater relief from tax would have been afforded by any provision of the Convention, unamended, than is due under the Convention as amended by this Protocol, any such provision as aforesaid shall continue to have effect for any year of assessment or financial year or period of assessment beginning before the entry into force of this Protocol, provided that this paragraph shall not entitle a resident to the Federal Republic to a credit for a greater amount of United Kingdom tax than he is required to bear. 6 Notwithstanding paragraph (5) of this Article where any greater relief from United Kingdom tax would have been afforded by paragraph (2) of Article XVIII of the Convention, unamended, in respect of dividends paid by a company which is a resident of the Federal Republic than is afforded by Article 9 of this Protocol, the aforesaid paragraph (2) of Article XVIII shall continue to have effect as respects United Kingdom tax for any year of assessment or any financial year beginning before the date of entry into force of this Protocol only in respect of dividends paid before the said date. In witness whereof the undersigned, duly authorised thereto, have signed this Protocol. Done in duplicate at London this 23rd day of March 1970, in the English and German languages, both texts being equally authoritative. For the United Kingdom of Great Britain and Northern Ireland: G. M. THOMSON For the Federal Republic of Germany: K. G. V. HASE

Prevention of Oil Pollution Act 1971 General provisions for preventing oil pollution Discharge of certain oils into sea outside territorial waters 1 1 If any oil to which this section applies or any mixture containing such oil is discharged from a ship registered in the United Kingdom into any part of the sea outside the territorial waters of the United Kingdom, the owner or master of the ship shall, subject to the provisions of this Act, be guilty of an offence. 2 This section applies — a to crude oil, fuel oil and lubricating oil; and b to heavy diesel oil, as defined by regulations made under this section by the Secretary of State ; and shall also apply to any other description of oil which may be specified by regulations made by the Secretary of State, having regard to the provisions of any Convention accepted by Her Majesty's Government in the United Kingdom in so far as it relates to the prevention of pollution of the sea by oil, or having regard to the persistent character of oil of that description and the likelihood that it would cause pollution if discharged from a ship into any part of the sea outside the territorial waters of the United Kingdom. 3 Regulations made by the Secretary of State may make exceptions from the operation of subsection (1) of this section, either generally or with respect to particular classes of ships, particular descriptions of oil or mixtures containing oil or the discharge of oil or mixtures in particular circumstances or into particular areas of the sea, and may do so either absolutely or subject to any specified conditions. 4 A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £50,000 or on conviction on indictment to a fine. Discharge of oil into United Kingdom waters 2 1 If any oil or mixture containing oil is discharged as mentioned in. the following paragraphs into waters to which this section applies, then, subject to the provisions of this Act, the following shall be guilty of an offence, that is to say — a if the discharge is from a vessel, the owner or master of the vessel, unless he proves that the discharge took place and was caused as mentioned in paragraph (b) of this subsection ; b if the discharge is from a vessel but takes place in the course of a transfer of oil to or from another vessel or a place on land and is caused by the act or omission of any person in charge of any apparatus in that other vessel or that place, the owner or master of that other vessel or, as the case may be, the occupier of that place; c if the discharge is from a place on land, the occupier of that place, unless he proves that the discharge was caused as mentioned in paragraph (d) of this subsection ; d if the discharge is from a place on land and is caused by the act of a person who is in that place without the permission (express or implied) of the occupier, that person; e if the discharge takes place otherwise than as mentioned in the preceding paragraphs and is the result of any operations for the exploration of the sea-bed and subsoil or the exploitation of their natural resources, the person carrying on the operations. 2 This section applies to the following waters, that is to-say. — a the whole of the sea within the seaward limits of the territorial waters of the United Kingdom ; and b all other waters (including inland waters) which are within those limits and are navigable by sea-going ships. 3 In this Act " place on land" includes anything resting on the bed or shore of the sea, or of any other waters to which this section applies, and also includes anything afloat (other than a vessel) if it is anchored or attached to the bed or shore of the sea or of any such waters ; and " occupier in relation to any such thing as is mentioned in the preceding provisions of this subsection, if it has no occupier, means the owner thereof, and, in relation to a railway wagon or road vehicle, means the person in charge of the wagon or vehicle and not the occupier of the land on which the wagon or vehicle stands. 4 A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £50,000 or on conviction on indictment to a fine. Discharge of certain oils from pipe-lines or as the result of exploration etc. in designated areas 3 1 If any oil to which section 1 of this Act applies, or any mixture containing such oil, is discharged into any part of the sea — a from a pipe-line ; or b (otherwise than from a ship) as the result of any operation for the exploration of the sea-bed and subsoil or the exploitation of their natural resources in a designated area, then, subject to the following provisions of this Act, the owner of the pipe-line or, as the case may be, the person carrying on the operations' shall be guilty of an offence unless the discharge was from a place in his occupation and he proves that it was due to the act of a person who was there without his permission (express or implied). 2 In this section " designated area " means an area for the time being designated by an Order made under section 1 of the Continental Shelf Act 1964. 3 A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £50,000 or on conviction on indictment to a fine. Equipment in ships to prevent oil pollution 4 1 For the purpose of preventing or reducing discharges of oil and mixtures containing oil into the sea, the Secretary of State may make regulations- requiring ships registered in the United Kingdom to be fitted with such equipment and to comply with such other requirements as may be specified in the regulations. 2 Without prejudice to the generality of subsection (1) of this section, where any regulations made thereunder require ships to be fitted with equipment of a specified description, the regulations may provide that equipment of that description — a shall not be installed in a ship to which the regulations apply unless it is of a type tested and approved by a person appointed by the Secretary of State ; b while installed in such a ship, shall not be treated as satisfying the requirements of the regulations unless, at such times as may be specified in the regulations, it is submitted for testing and approval by a person so appointed. 3 The Secretary of State may appoint persons to carry out tests for the purposes of any regulations made under this section, and, in respect of the carrying out of such tests, may charge such fees as, with the approval of the Treasury, may be ore-scribed by the regulations. 4 Every surveyor of ships shall be taken to be a person appointed by the Secretary of State to carry out tests for the purposes of any regulations made under this section, in so far as they relate to tests required in accordance with paragraph (b) of subsection (2) of this section. 5 If, in the case of any ship, the provisions of any regulations made under this section which apply to that ship are contravened, the owner or master of the ship shall be guilty of an offence. 6 A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,000 or on conviction on indictment to a fine. Defences of owner or master charged with offence under s. 1 or s. 2 5 1 Where a person is charged with an offence under section 1 of this Act, or is charged with an offence under section 2 of this Act as the owner or master of a vessel, it shall be a defence to prove that the oil or mixture was discharged for the purpose of securing the safety of any vessel, or of preventing damage to any vessel or cargo, or of saving life, unless the court is satisfied that the discharge of the oil or mixture was not necessary for that purpose or was not a reasonable step to take in the circumstances. 2 Where a person is charged as mentioned in subsection (1) of this section, it shall also be a defence to prove — a that the oil or mixture escaped in consequence of. damage to the vessel, and that as soon as practicable after the damage occurred all reasonable steps were taken for preventing, or (if it could not be prevented) for stopping or reducing, the escape of the oil or mixture, or b that the oil or mixture escaped by reason of leakage, that neither the leakage nor any delay in discovering it was due to any want of reasonable care, and that as soon as practicable after the escape was discovered all reasonable steps were taken for stopping or reducing it. Defences of other persons charged with offences under s. 2 or s. 3 6 1 Where a person is charged, in respect of the escape of any oil or mixture containing oil, with an offence under section 2 or 3 of this Act — a as the occupier of a place on land; or b as a person carrying on operations for the exploration of the sea-bed and subsoil or the exploitation of their natural resources; or c as the owner of a pipe-line, it shall be a defence to prove that neither the escape nor any delay in discovering it was due to any want of reasonable care and that as soon as practicable after it was discovered all reasonable steps were taken for stopping or reducing it. 2 Where a person is charged with an offence under section 2 of this Act in respect of the discharge of a mixture containing oil from a place on land, it shall also, subject to subsection (3) of this section, be a defence to prove — a that the oil was contained in an effluent produced by operations for the refining of oil; b that it was not reasonably practicable to dispose of the effluent otherwise than by discharging it into waters to which that section applies; and c that all reasonably practicable steps had been taken for eliminating oil from the effluent. 3 If it is proved that, at a time to which the charge relates, the surface of the waters into which the mixture was discharged from the place on land, or land adjacent to those waters, was fouled by oil, subsection (2) of this section shall not apply unless the court is satisfied that the fouling was not caused, or contributed to, by oil contained in any effluent discharged at or before that time from that place. Protection of acts done in exercise of certain powers of harbour authorities etc. 7 1 Where any oil, or mixture containing oil, is discharged in consequence of — a the exercise of any power conferred by sections 530 to 532 of the Merchant Shipping Act 1894 (which relate to the removal of wrecks by harbour, conservancy and lighthouse authorities); or b the exercise, for the purpose of preventing an obstruction or danger to navigation, of any power to dispose of sunk, stranded or abandoned vessels which is exercisable by a harbour authority under any local enactment ; and apart from this subsection the authority exercising the power, or a person employed by or acting on behalf of the authority, would be guilty of an offence under section 1 or section 2 of this Act in respect of that discharge, the authority or person shall not foe convicted of that offence unless it is shown that they or he failed to take such steps (if any) as were reasonable in the circumstances for preventing, stopping or reducing the discharge. 2 Subsection (1) of this section shall apply to the exercise of any power conferred by section 13 of the Dockyard Ports Regulation Act 1865 (which relates to the removal of obstructions to dockyard ports) as it applies to the exercise of any such power as is mentioned in paragraph (a) of that subsection, and shall, as so applying, have effect as if references to the authority exercising the power were references to the Queen's harbour master for the port in question. Discharge of certain ballast water into harbours 8 1 A harbour authority may appoint a place within their jurisdiction where the ballast water of vessels in which a cargo of petroleum-spirit has been carried may be discharged into the waters of the harbour, at such tunes, and subject ,to such conditions, as the authority may determine; and, where a place is so appointed, the discharge of ballast water from such a vessel shall not constitute an offence under section 2 of this Act, if the ballast water is discharged at that place, and at a time and in accordance with the conditions so determined, and the ballast water contains no oil other than petroleum-spirit. 2 In this Act — " harbour authority " means a person or body of persons empowered by an enactment to make charges in respect of vessels entering a harbour in the United Kingdom or using facilities therein; " harbour in the United Kingdom " means a port, estuary, haven, dock, or other place which fulfils the following conditions, that is to say. — that it contains waters to which section 2 of this Act applies, and that a person or body of persons is empowered by an enactment to make charges in respect of vessels entering that place or using facilities therein. In this subsection " enactment" includes a local enactment, and " charges" means any charges with the exception of light dues, local light dues and any other charges payable in respect of lighthouses, buoys or beacons, and of charges in respect of pilotage. Facilities in harbour for disposal of oil residues 9 1 The powers exercisable by a harbour authority in respect of any harbour in the United Kingdom shall include power to provide facilities for enabling vessels using the harbour to discharge or deposit oil residues (in this Act referred to as " oil reception facilities"). 2 Any power of a harbour authority to provide oil reception facilities shall include power to join with any other person in providing them, and references in this section to the provision of oil reception facilities by a harbour authority shall be construed accordingly; and any such power shall also include power to arrange for the provision of such facilities by any other person. 3 A harbour authority providing oil reception facilities, or a person providing such facilities by arrangement with a harbour authority, may make reasonable charges for the use of the facilities, and may impose reasonable conditions in respect of the use thereof. 4 Subject to the following provisions of this section, any oil reception facilities provided by, or by arrangement with, a harbour authority shall be open to all vessels using the harbour on payment of any charges, and subject to compliance with any conditions, imposed in accordance with subsection (3) of this section. 5 Where in the case of any harbour in the United Kingdom it appears to the Secretary of State, after consultation with the harbour authority and with any organisation appearing to the Secretary of State to be representative of owners of ships registered in the United Kingdom. — a if the harbour has oil reception facilities, that those facilities are inadequate, or b if the harbour has no such facilities, that the harbour has need of such facilities, the Secretary of State may direct the harbour authority to provide, or arrange for the provision of, such oil reception facilities as may be specified in the direction. 6 Notwithstanding the provisions of subsection (4) of this section, a harbour authority providing oil reception facilities, or a person providing such facilities by arrangement with a harbour authority, shall not be obliged to make those facilities available for use by tankers, or for the reception of oil residues discharged for the purpose of enabling a vessel to undergo repairs ; and the requirements of tankers, and the reception of oil residues so discharged, shall be disregarded by the Secretary of State in exercising his powers under subsection (5) of this section. 7 Nothing in this section shall be construed as requiring a harbour authority to allow untreated ballast water (that is to say, ballast water which contains oil and has not been subjected to an effective process for separating the oil from the water) to be discharged into any oil reception facilities provided by, or by arrangement with, the authority; and the Secretary of State shall exercise his powers under subsection (5) of this section accordingly. 8 Any harbour authority failing to comply with any direction given under subsection (5) of this section within the period specified in the direction, or within any extended period allowed by the Secretary of State (whether before or after the end of the period so specified), shall be guilty of an offence, and liable on summary conviction to a fine not exceeding £10 for each day during which the default continues, from the day after the end of the period specified in the direction, or any extended period allowed by the Secretary of State, as the case may be, until the last day before that on which the facilities are provided in accordance with the direction. 9 Subsections (1), (2), (5) and (8) of this section shall have effect in relation to arrangements for disposing of oil residues discharged or deposited by vessels using a harbour's oil reception facilities, and to the making of such arrangements, as those subsections have effect in relation to oil reception facilities and the provision of such facilities. Restrictions on transfer of oil at night 10 1 No oil shall be transferred between sunset and sunrise to or from a vessel in any harbour in the United Kingdom unless the requisite notice has been given in accordance with this section or the transfer is for the purposes of a fire brigade. 2 A general notice may be given to the harbour master of a harbour that transfers of oil between sunset and sunrise will be frequently carried out at a place in the harbour within such period, not ending later than twelve months after the date on which the notice is given, as is specified in the notice; and if such a notice is given it shall be the requisite notice for the purposes of this section as regards transfers of oil at that place within the period specified in the notice. 3 Subject to subsection (2) of this section, the requisite notice for the purposes of this section shall be a notice given to the harbour master not less than three hours nor more than ninety-six hours before the transfer of oil begins. 4 In the case of a harbour which has no harbour master, references in this section to the harbour master shall be construed as references to the harbour authority. 5 If any oil is transferred to or from a vessel in contravention of this section, the master of the vessel, and, if the oil is transferred from or to a place on land, the occupier of that place, shall be liable on summary conviction to a fine not exceeding. £100. Duty to report discharge of oil into waters of harbours 11 1 If any oil or mixture containing oil — a is discharged from a vessel into the waters of a harbour in the United Kingdom; or b is found to be escaping or to have escaped from a vessel into any such waters; or c is found to be escaping or to have escaped into any such waters from a place on land ; the owner or master of the vessel, or the occupier of the place on land, as the case may be, shall forthwith report the occurrence to the harbour master, or, if the harbour has no harbour master, to the harbour authority. 2 A report made under subsection (1) of this section by the owner or master of a vessel shall state whether the occurrence falls within paragraph (a) or paragraph (b) of that subsection. 3 If a person fails to make a report as required by this-section he shall be liable on summary conviction to a fine not exceeding £200. Shipping casualties Shipping casualties 12 1 The powers conferred by this section shall be exercisable where — a an accident has occurred to or in a ship ; and b in the opinion of the Secretary of State oil from the ship will or may cause pollution on a large scale in the United Kingdom or in the waters in or adjacent to the United Kingdom up to the seaward limits of territorial waters; and c in the opinion of the Secretary of State the use of the powers conferred by this section is urgently needed. 2 For the purpose of preventing or reducing oil pollution, or the risk of oil pollution, the Secretary of State may give directions as respects the ship or its cargo — a to the owner of the ship, or to any person in possession of the ship ; or b to the master of the ship ; or c to any salvor in possession of the ship, or to any person who is the servant or agent of any salvor in possession of the ship, and who is in charge of the salvage operation. 3 Directions under subsection (2) of this section may require the person to whom they are given to take, or refrain from taking, any action of any kind whatsoever, and without prejudice to the generality of the preceding provisions of this subsection the directions may require — a that the ship is to be, or is not to be, moved, or is to be moved to a specified place, or is to be removed from a specified area or locality ; or b that the ship is not to be moved to a specified place or area, or over a specified route; or c that any oil or other cargo is to be, or is not to be, unloaded or discharged ; or d that specified salvage measures are to be, or are not to be, taken. 4 If in the opinion of the Secretary of State the powers conferred by subsection (2) of this section are, or have proved to be, inadequate for the purpose, the Secretary of State may, for the purpose of preventing or reducing oil pollution, or the risk of oil pollution, take, as respects the ship or its cargo, any action of any kind whatsoever, and without prejudice to the generality of the preceding provisions of this subsection the Secretary of State may — a take any such action as he has power to require to be taken by a direction under this section; b undertake operations for the sinking or destruction of the ship, or any part of it, of a kind which is not within the means of any person to whom he can give directions ; c undertake operations which involve the taking over of control of the ship. 5 The powers of the Secretary of State under subsection (4) of this section shall also be exercisable by such persons as may be authorised in that behalf by the Secretary of State. 6 Every person concerned with compliance with directions given, or with action taken, under this section shall use his best endeavours to avoid any risk to human life. 7 The provisions of this section and of section 16 of this Act are without prejudice to any rights or powers of Her Majesty's Government in the United Kingdom exercisable apart from those sections whether under international law or otherwise. 8 It is hereby declared that any action taken as respects a ship which is under arrest or as respects the cargo of such a ship, being action duly taken in pursuance of a direction given under this section, or being any action taken under subsection (4) or (5) of this section — a does not constitute contempt of court; and b does not in any circumstances make the Admiralty Marshal liable in any civil proceedings. 9 In this section, unless the context otherwise requires — " accident " includes the loss, stranding, abandonment of or damage to a ship; and " specified ", in relation to a direction under this section, means specified by the direction; and the reference in subsection (8) of this section to the Admiralty Marshal includes a reference to the Admiralty Marshal of the Supreme Court of Northern Ireland. Right to recover in respect of unreasonable loss or damage 13 1 If any action duly taken by a person in pursuance of a direction given to him under section 12 of this Act, or any action taken under subsection (4) or (5) of that section — a was not reasonably necessary to prevent or reduce oil pollution, or risk of oil pollution ; or b was such that the good it did or was likely to do was disproportionately less than the expense incurred, or damage suffered, as a result of the action, a person incurring expense or suffering damage as a result of, or by himself taking, the action shall be entitled to recover compensation from the Secretary of State. 2 In considering whether subsection (1) of this section applies, account shall be taken of — a the extent and risk of oil pollution if the action had not been taken; b the likelihood of the action being effective; and c the extent of the damage which has been caused by the action. 3 Any reference in this section to the taking of any action includes a reference to a compliance with a direction not to take some specified action. 4 The Admiralty jurisdiction of the High Court, of the Court of Session and of the Supreme Court of Northern Ireland shall include jurisdiction to hear and determine any claim arising under this section. Offences in relation to s. 12 14 1 If the person to whom a direction is duly given under section 12 of this Act contravenes, or fails to comply with, any requirement of the direction, he shall be guilty of an offence. 2 If a person wilfully obstructs any person who is — a acting on behalf of the Secretary of State in connection with the giving or service of a direction under section 12 of this Act; b acting in compliance with a direction under that section; or c acting under subsection (4) or (5) of that section; he shall be guilty of an offence. 3 In proceedings for an offence under subsection (1) of this section, it shall be a defence for the accused to prove that he has used all due diligence to ensure compliance with the direction, or that he had reasonable cause for believing that compliance with the direction would have involved a serious risk to human life. 4 A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £50,000, or on conviction on indictment to a fine. Service of directions under s. 12 15 1 If the Secretary of State is satisfied that a company or other body is not one to whom section 412 or section 437 of the Companies Act 1948 (service of notices) applies so as to authorise the service of a direction on that body under either of those sections, he may give a direction under section 12 of this Act — a to that body, as the owner of, or the person in possession of, a ship, by serving the direction on the master of the ship ; or b to that body, as a salvor, by serving the direction on the person in charge of the salvage operations. 2 For the purpose of giving or serving a direction under section 12 of this Act to or on any person on a ship, a person acting on behalf of the Secretary of State shall have the right to go on board the ship. 3 In the application of subsection (1) of this section to Northern Ireland, for references to sections 412 and 437 of the Companies Act 1948 there shall be substituted references to sections 361 and 385 of the Companies Act (Northern Ireland) 1960. Application of ss. 12 to 15 to certain foreign and other ships 16 1 Her Majesty may by Order in Council provide that sections 12 to 15 of this Act, together with any other provisions of this Act, shall apply to a ship — a which is not a ship registered in the United Kingdom; and b which is for the time being outside the territorial waters of the United Kingdom; in such cases and circumstances as may be specified in the Order, and subject to such exceptions, adaptations and modifications, if any, as may be so specified. 2 An Order in Council under subsection (1) of this section may contain such transitional and other consequential provisions as appear to Her Majesty to be expedient. 3 Except as provided by an Order in Council under subsection (1) of this section, no direction under section 12 of this Act shall apply to a ship which is not registered in the United Kingdom and which is for the time being outside the territorial waters of the United Kingdom, and no action shall be taken under subsection (4) or (5) of section 12 of this Act as respects any such ship. 4 No direction under section 12 of this Act shall apply to any vessel of Her Majesty's navy or to any Government ship (within the meaning of section 80 of the Merchant Shipping Act 1906) and no action shall be taken under subsection (4) or (5) of that section as respects any such vessel or ship. Enforcement Oil records 17 1 The Secretary of State may make regulations requiring oil record books to be carried in ships registered in the United Kingdom and requiring the master of any such ship to record in the oil record book carried by it — a the carrying out, on board or in connection with the ship, of such of the following operations as may be prescribed, that is to say, operations relating to — i the loading of oil cargo, or ii the transfer of oil cargo during a voyage, or iii the discharge of oil cargo, or iv the ballasting of oil tanks (whether cargo or bunker fuel tanks) and the discharge of ballast from, and cleaning of, such tanks, or v the separation of oil from water, or from other substances, in any mixture containing oil, or vi the disposal of any oil or water, or any other substance, arising from operations relating to any of the matters specified in the preceding sub-paragraphs, or vii the disposal of any other oil residues; b any occasion on which oil or a mixture containing oil is discharged from the ship for the purpose of securing the safety of any vessel, or of preventing damage to any vessel or cargo, or of saving life; c any occasion on which oil or a mixture containing oil is found to be escaping, or to have escaped, from the ship in consequence of damage to the ship, or by reason of leakage. 2 The Secretary of State may make regulations requiring the keeping of records relating to the transfer of oil to and from vessels while they are within the seaward limits of the territorial waters of the United Kingdom; and the requirements of any regulations made under this subsection shall be in addition to the requirements of any regulations made under subsection (1) of this section. 3 Any records required to be kept by regulations made under subsection (2) of this section shall, unless the vessel is a barge, be kept by the master of the vessel, and shall, if the vessel is a barge, be kept, in so far as they relate to the transfer of oil to the barge, by the person supplying the oil and, in so far as they relate to the transfer of oil from the barge, by the person to whom the oil is delivered. 4 Regulations under this section requiring the carrying of oil record books or the keeping of records may — a prescribe the form of the oil record books or records and the nature of the entries to be made in them; b require the person providing or keeping the books or records to retain them for a prescribed period; c require that person, at the end of the prescribed period, to transmit the books or records to a place or person determined by or under the regulations; d provide for the custody or disposal of the books or records after their transmission to such a place or person. 5 If any ship fails to carry such an oil record book as it is required to carry under this section the owner or master shall be liable on summary conviction to a fine not exceeding £500 if any person fails to comply with any requirements imposed on him by or under this section, he shall be liable on summary conviction to a fine not exceeding £500 ; and if any person makes an entry in any oil record book carried or record kept under this section which is to his knowledge false or misleading in any material particular, he shall be liable on summary conviction to a fine not exceeding £500, or imprisonment for a term not exceeding six months, or both, or on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both. 6 In any proceedings under this Act — a any oil record book carried or record kept in pursuance of regulations made under this section shall be admissible as evidence, and in Scotland shall be sufficient evidence, of the facts stated in it; b any copy of an entry in such an oil record book or record which is certified by the master of the ship in which the book is carried or by the person by whom the record is required to be kept to be a true copy of, the entry shall be admissible as evidence, and in Scotland shall be sufficient evidence, of the facts stated in the entry; c any document purporting to be an oil record book carried or record kept in pursuance of regulations made under this section, or purporting to be such a certified copy as is mentioned in the preceding paragraph, shall, unless the contrary is proved, be presumed to be such a book, record or copy, as the case may be. Powers of inspection 18 1 The Secretary of State may appoint any person as an inspector to report to him — a whether the prohibitions, restrictions and obligations imposed by virtue of this Act (including prohibitions so imposed by the creation of offences under any provision of this Act other than section 3) have been complied with; b what measures (other than measures made obligatory by regulations made under section 4 of this Act) have been taken to prevent the escape of oil and mixtures containing oil; c whether the oil reception facilities provided in harbours are adequate; and any such inspector may be so appointed to report either in a particular case or in a class of cases specified in his appointment. 2 Every surveyor of ships shall be taken to be a person appointed generally under the preceding subsection to report to the Secretary of State in every kind of case falling within that subsection. 3 Section 729 of the Merchant Shipping Act 1894 (powers of inspectors) shall apply to persons appointed or taken to be' appointed under subsection (1) of this section as it applies to the inspectors referred to in that section and shall, as so applying, have effect as if — a in paragraph (a) of subsection (1) of that section, the reference to a ship included any vessel, and the reference to that Act were a reference to this Act and any regulations made under this Act; and b any power under that section to inspect premises included power to inspect any apparatus used for transferring oil. 4 Any power of an inspector, under section 729 as applied by the preceding subsection, to inspect a vessel shall include power to test any equipment with which the vessel is required to be fitted in pursuance of regulations made under section 4 of this Act. 5 Any power of an inspector, under section 729 as so applied, to require the production of any oil record book required to be carried or records required to be kept in pursuance of regulations made under section 17 of this Act shall include power to copy any entry therein and require the master to certify the copy as a true copy of the entry; and in subsection (3) of section 729, as so applied, the reference to making a declaration shall be construed as a reference to the certification of such a copy. 6 Without prejudice to any powers exercisable by virtue of the preceding provisions of this section, in the case of a vessel which is for the time being in a harbour in the United Kingdom the harbour master, and any other person appointed by the Secretary of State under this subsection (either generally or in relation to a particular vessel), shall have power — a to go on board and inspect the vessel or any part thereof, or any of the machinery, boats, equipment or articles on board the vessel, for the purpose of ascertaining the circumstances relating to an alleged discharge of oil or a mixture containing oil from the vessel into the waters of the harbour ; b to require the production of any oil record book required to be carried or records required to be kept in pursuance of regulations made under section 17 of this Act; and c to copy any entry in any such book or record and require the master to certify the copy as a true copy of the entry. 7 A person exercising any powers conferred by subsection (6) of this section shall not unnecessarily detain or delay the vessel from proceeding on any voyage. 8 If any person fails to comply with any requirement duly made in pursuance of paragraph (b) or paragraph (c) of subsection (6) of this section, he shall be liable on summary conviction to a fine not exceeding £10; and if any person wilfully obstructs a person acting in the exercise of any power conferred by virtue of this section, he shall be liable on summary conviction to a fine not exceeding £100. Prosecutions 19 1 Proceedings for an offence under this Act may, in England or Wales, be brought only — a by or with the consent of the Attorney General, or b if the offence is one to which subsection (2) of this section applies, by the harbour authority, or c unless the offence is one mentioned in paragraph (b), (c) or (d) of subsection (2) of this section, by the Secretary of State or a person authorised by any general or special direction of the Secretary of State. 2 This subsection applies to the following offences — a any offence under section 2 of this Act which is alleged to have been committed by the discharge of oil, or a mixture containing oil, into the waters of a harbour in the United Kingdom; b any offence in relation to such a harbour under section 10 or section 11 of this Act; c any offence under section 17 of this Act relating to the keeping of records of the transfer of oil within such a harbour ; and d any offence under section 18 of this Act in respect of a failure to comply with a requirement of a harbour master, or in respect of obstruction of a harbour master acting in the exercise of any power conferred by virtue of that section. 3 The preceding provisions of this section shall apply in relation to any part of a dockyard port within the meaning of the Dockyard Ports Regulation Act 1865 as follows, that is to say — a if that part is comprised in a harbour in the United Kingdom, the reference to the harbour authority shall be construed as including a reference to the Queen's harbour master for the port; b if that part is not comprised in a harbour in the United Kingdom, the references to such a harbour shall be construed as references to such a dockyard port and the reference to the harbour authority as a reference to the Queen's harbour master for the port. 4 Where, immediately before the date on which (apart from this subsection) the time for bringing summary proceedings for an offence under this Act would expire, the person to be charged is outside the United Kingdom, the time for bringing the proceedings shall be extended until the end of the period of two months beginning with the date on which he next enters the United Kingdom. 5 Proceedings for any offence under this Act may (without prejudice to any jurisdiction exercisable apart from this subsection) be taken against a person at any place at which he is for the time being. 6 If a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the Sea Fisheries Regulation Act 1966 or any of its officers is authorised in that behalf under subsection (1) of this section, the committee may institute proceedings for any offence under this Act committed within the district of the committee. 7 The preceding provisions of this section do not apply in relation to an offence under section 3 of this Act, but proceedings for such an offence may — a in England and Wales, be brought only by or with the consent of the Director of Public Prosecutions; and b in Northern Ireland, be brought only by or with the consent of the Attorney General for Northern Ireland ; and any such proceedings may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom. 8 Where a body corporate is guilty of an offence under section 3 of this Act and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. In this subsection, " director " in relation to a body corporate established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate. Enforcement and application of fines 20 1 Where a fine imposed by a court in proceedings against the owner or master of a vessel for an offence under this Act is not paid at the time ordered by the court, the court shall, in addition to any other powers for enforcing payment, have power to direct the amount remaining unpaid to be levied by distress or poinding and sale of the vessel, her tackle, furniture and apparel. 2 Where a person is convicted of an offence under section 1 or section 2 of this Act, and the court imposes a fine in respect of the offence, then if it appears to the court that any person has incurred, or will incur, expenses in removing any pollution, or making good any damage, which is attributable to the offence, the court may order the whole or part of the fine to be paid to that person for or towards defraying those expenses. Enforcement of Conventions relating to oil pollution 21 1 Her Majesty may by Order in Council empower such persons as may be designated by or under the Order to go oh board any Convention ship while the ship is within a harbour in the United Kingdom, and to require production of any oil record book required to be carried in accordance with the Convention. 2 An Order in Council under this section may, for the purposes of the Order, and with any necessary modifications, apply any of the provisions of this Act relating to the production and inspection of oil record books and the taking of copies of entries therein, and to the admissibility in evidence of such oil record books and copies, including any provisions of the Merchant Shipping Act 1894 applied by those provisions, and including any penal provisions of this Act in so far as they relate to those matters. 3 Her Majesty, if satisfied that the government of any country has accepted, or denounced, the Convention, or that the Convention extends, or has ceased to extend, to any territory, may by Order in Council make a declaration to that effect. 4 In this section " the Convention " means any Convention accepted by Her Majesty's Government in the United Kingdom in so far as it relates to the prevention of pollution of the sea by oil; and " Convention ship " means a ship registered in — a a country the government of which has been declared by an Order in Council under the preceding subsection to have accepted the Convention, and has not been so declared to have denounced it; or b a territory to which it has been so declared that the Convention extends, not being a territory to which it has been so declared that the Convention has ceased to extend. Miscellaneous and supplementary Power to apply certain provisions to ships registered outside United Kingdom 22 1 Her Majesty may by Order in Council direct that, subject to such exceptions and modifications as may be specified in the Order, any regulations made under section 4 or section 17(1) of this Act shall apply to ships registered in countries and territories other than the United Kingdom at any time when they are in a harbour in the United Kingdom, or are within the seaward limits of the territorial waters of the United Kingdom while on their way to or from a harbour in the United Kingdom. 2 An Order in Council under subsection (1) of this section shall not be made so as to impose different requirements in respect of ships of different countries or territories; but if Her Majesty is satisfied, as respects any country or territory, that ships registered there are required, by the law of that country, or territory, to comply with provisions which are substantially the same as, or equally effective with, the requirements imposed' by virtue of the Order, Her Majesty may by Order in Council direct that those requirements shall not apply to any ship registered in that country or territory if the ship complies with such of those provisions as are applicable thereto under the law of that country or territory. 3 No regulation shall by virtue of an Order in Council under this section apply to any ship as being within a harbour' in the United Kingdom, or on her way to or from such a harbour, if the ship would not have been within the harbour, or, as the case may be, on her way to or from the harbour, but for stress of weather or any other circumstances which neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled. Power of Secretary of State to grant exemptions 23 The Secretary of State may exempt any vessels or classes of vessels from any of the provisions of this Act or of any regulations made thereunder, either absolutely or subject to such conditions as he thinks fit. Application of Act to Government ships 24 1 The provisions of this Act do not apply to vessels of Her Majesty's navy, nor to Government ships in the service of the Secretary of State while employed for the purposes of Her Majesty's navy. 2 Subject to subsection (1) of this section and subsection (4) of section 16 of this Act — a provisions of this Act which are expressed to apply only to ships registered in the United Kingdom apply to Government ships so registered and also to Government ships not so registered but held for the purposes of Her Majesty's Government in the United Kingdom; b provisions of this Act which are expressed to apply to vessels generally apply to Government ships. 3 In this section " Government ships " has the same meaning as in section 80 of the Merchant Shipping Act 1906. Provisions as to Isle of Man, Channel Islands, colonies and dependencies 25 1 Her Majesty may by Order in Council direct that such of the provisions of this Act, other than section 3, or of any enactment for the time being in force amending or replacing them, as may be specified in the Order shall extend, with such exceptions and modifications, if any, as may be specified in the Order, to the Isle of Man, any of the Channel Islands, or any colony. 2 The Foreign Jurisdiction Act 1890 shall have effect as if the provisions of this Act, other than section 3, were included among the enactments which, by virtue of section 5 of that Act, may be extended by Order in Council to foreign countries in which for the time being Her Majesty has jurisdiction. 3 Her Majesty may by Order in Council direct that, subject to such exceptions and modifications as may be specified in the Order, the provisions of this Act which (apart from sections 22 and 24 of this Act) apply only to ships registered in the United Kingdom shall apply also to ships registered in any country or territory specified in the Order, being a country or territory to which the provisions of this Act can be extended by virtue of either of the preceding subsections. Annual report 26 The Secretary of State shall, as soon as possible after the end of each calendar year, make a report on the exercise and performance of his functions under this Act during that year, which shall include such observations as he may think fit to make on the operation during that year of this Act and of any Convention accepted by Her Majesty's Government in the United Kingdom in so far as it relates to the prevention of pollution of the sea by oil, and the Secretary of State shall lay a copy of every such report before each House of Parliament. General provisions as to Orders in Council, regulations and orders 27 1 Any power to make regulations or an order under this Act shall be exercisable by statutory instrument. 2 Any statutory instrument made by virtue of this Act, other than an Order in Council under section 25 or an order under section 34 of this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament. 3 Any Order in Council, or other order, made under any provision of this Act may be varied or revoked by a subsequent Order in Council or order made thereunder. 4 Where a power to make regulations is conferred by any provision of this Act, regulations made under that power may be made with respect to all or with respect to any one or more of the classes of vessel or other matters to which the provision relates, and different provision may be made by any such regulations for different classes of vessel or otherwise for different classes of case or different circumstances. Financial provisions 28 1 There shall be defrayed out of moneys provided by Parliament any administrative expenses of the Secretary of State under this Act. 2 Any fees received by the Secretary of State under this Act shall be paid into the Consolidated Fund. Interpretation 29 1 In this Act — " barge " includes a lighter and any similar vessel; " harbour authority " and " harbour in the United Kingdom " have the meanings assigned to them by section 8(2) of this Act; " harbour master " includes a dock master or pier master, and any person specially appointed by a harbour authority for the purpose of enforcing the provisions of this Act in relation to the harbour ; " local enactment " means a local or private Act, or an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure ; " oil " means oil of any description and includes spirit produced from oil of any description, and also includes coal tar; " oil reception facilities " has the meaning assigned to it by section 9(1) of this Act; " oil residues " means any waste consisting of, or arising from, oil or a mixture containing oil; " outside the territorial waters of the United Kingdom " means outside the seaward limits of those waters; " petroleum-spirit " has the same meaning as in the Petroleum (Consolidation) Act 1928 ; " place on land " has the meaning assigned to it by section 2(3) of this Act; " sea " includes any estuary or arm of the sea; " transfer ", in relation to oil, means transfer in bulk. 2 Any reference in any provision of this Act to a mixture containing oil shall be construed as a reference to any mixture of oil (or, as the case may be, of oil of a description referred to in that provision) with water or with any other substance. 3 Any reference in the provisions of this Act other than section 11 to the discharge of oil or a mixture containing oil, or to its being discharged, from a vessel, place or thing, except where the reference is to its being discharged for a specified purpose, includes a reference to the escape of the oil or mixture, or (as the case may be) to its escaping, from that vessel, place or thing. 4 For the purposes of any provision of this Act relating to the discharge of oil or a mixture containing oil from a vessel, any floating craft (other than a vessel) which is attached to a vessel shall be treated as part of the vessel. 5 Any power conferred by this Act to test any equipment on board a vessel shall be construed as including a power to require persons on board the vessel to carry out such work as may be requisite for the purpose of testing the equipment; and any provision of this Act as to submitting equipment for testing shall be construed accordingly. 6 Subject to the preceding subsections, expressions used in this Act and in the Merchant Shipping Act 1894, have the same meanings in this Act as in that Act. 7 Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended by or under any other enactment. Provisions as to Northern Ireland 30 1 This Act extends to Northern Ireland and the following provisions of this section shall have effect with respect to the application of this Act to Northern Ireland. 2 References in section 9 of this Act to the Secretary of State shall be construed as references to the Ministry of Commerce for Northern Ireland (in this section referred to as " the Ministry of Commerce "). 3 In relation to places on land in Northern Ireland, and to apparatus located in Northern Ireland otherwise than on board a vessel. — a persons appointed by the Secretary of State as inspectors under section 18 of this Act, and surveyors of ships in their capacity as persons so appointed, shall have no powers of entry or inspection ; but b persons appointed by the Ministry of Commerce shall have the like powers as (but for the preceding paragraph) persons appointed by the Secretary of State would have by virtue of that section, and the provisions of that section shall have effect in relation to persons appointed by the Ministry of Commerce as, in England and Wales, they have effect in relation to persons appointed by the Secretary of State. 4 Subsection (1) of section 19 of this Act shall apply to proceedings in Northern Ireland as it applies to proceedings in England and Wales, but with the substitution, for references to the Attorney General, of references to the Attorney General for Northern Ireland; except that, in relation to proceedings for an offence under section 2 of this Act — a if the alleged offence relates to the discharge of oil or a mixture containing oil from a vessel in a harbour or inland waterway in Northern Ireland, the references in that subsection to the Secretary of State shall be construed as references to the Secretary of State or the Ministry of Commerce; b if the alleged offence relates to the discharge of oil or a mixture containing oil from a place on land in Northern Ireland, or from apparatus located in Northern Ireland otherwise than on board a vessel, the references in that subsection to the Secretary of State shall be construed as references to the Ministry of Commerce. 5 In the definition of " local enactment" in subsection (1) of section 29 of this Act the reference to a local or private Act includes a reference to a local or private Act of the Parliament of Northern Ireland, and the reference to an order confirmed by Parliament includes a reference to an order confirmed by that Parliament; and the reference in that subsection to the Petroleum (Consolidation) Act 1928 shall be construed as a reference to the Petroleum (Consolidation) Act (Northern Ireland) 1929. 6 The provisions of this Act, so far as they relate to matters with respect to which the Parliament of Northern Ireland has power to make laws, shall not be taken to restrict that power, and any laws made by that Parliament in the exercise of that power shall have effect notwithstanding anything in those provisions. Application to hovercraft 31 The enactments and instruments with respect to which provision may be made by an Order in Council under section 1(1)(h) of the Hovercraft Act 1968 shall include this Act and any instrument made under it. Saving for other restrictions, rights of action etc. 32 Subject to section 33 of the Interpretation Act 1889 (offence under two or more laws) nothing in this Act shall affect any restriction imposed by or under any other enactment, whether contained in a public general Act or in a local or private Act, or shall derogate from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act. Repeals and savings 33 1 The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. 2 In so far as any instrument made or other thing done under any enactment repealed by this Act could have been made or done under any provision of this Act it shall have effect as if made or done under that provision ; and references in any such instrument to any such enactment shall be construed as referring to the corresponding provision of this Act or, as the case may be, to this Act. 3 Nothing in the foregoing provisions of this section shall be taken as prejudicing the operation of section 38 of the Interpretation Act 1889 (which relates to the effect of repeals). Short title and commencement 34 1 This Act may be cited as the Prevention of Oil Pollution Act 1971. 2 This Act shall come into force on such day as the Secretary of State may by order appoint; but the day so appointed shall not be earlier than the day or, if more than one, the latest day, appointed under section 12(3) of the Oil in Navigable Waters Act 1971 for the coming into force of the provisions of that Act. SCHEDULE Enactments Repealed Chapter Short Title Extent of Repeal 3 & 4 Eliz. 2. c. 25 . The Oil in Navigable Waters Act 1955. The whole Act. 1963 c. 28 . The Oil in Navigable Waters Act 1963. The whole Act. 1964 c. 29 . The Continental Shelf Act 1964. Section 5. 1966 c. 38 . The Sea Fisheries Regulation Act 1966. Section 21(7). 1971 c. 21 . The Oil in Navigable Waters Act 1971. The whole Act. 1971 c. 61 . The Mineral Workings (Offshore Installations) Act 1971. Section 10(1)(c).

Welsh National Opera Company Act 1971 Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — Contributions towards expenses of Welsh National Opera Company. 1 The power conferred on a local authority by section 132 of the Local Government Act 1948 to contribute towards the expenses of an entertainment held in the area of another authority shall, in relation to the Welsh National Opera Company, be exercisable by any local authority in Wales (including Monmouthshire), whether or not the place in which that Company performs is convenient for residents in their area, and whether or not the other authority consent. Consequential increases in rate support grant. 2 Any increase attributable to this Act in the sums payable by way of rate support grant under the enactments relating to local government in England and Wales shall be defrayed out of moneys provided by Parliament. Short title. 3 This Act may be cited as the Welsh National Opera Company Act 1971.

Fire Precautions Act 1971 Premises for which fire certificates are required Uses of premises for which fire certificate is compulsory 1 1 A certificate issued under this Act by the fire authority (in this Act referred to as a " fire certificate ") shall, subject to any exemption conferred by or under this Act, be required in respect of any premises which are put to a use for the time being designated under this section (in this Act referred to as a " designated use "). 2 For the purposes of this section the Secretary of State may by order designate particular uses of premises, but shall not so designate any particular use unless it falls within at least one of the following classes of use, that is to say — a use as, or for any purpose involving the provision of, sleeping accommodation; b use as, or as part of, an institution providing treatment or care; c use for purposes of entertainment, recreation or instruction or for purposes of any club, society or association; d use for purposes of teaching, training or research ; e use for any purpose involving access to the premises by members of the public, whether on payment or otherwise. 3 An order under this section may provide that a fire certificate shall not by virtue of this section be required for premises of any description specified in the order, notwithstanding that they are or form part of premises which are put to a designated use. 4 For the purposes of any provision made in an order under this section by virtue of subsection (3) above a description of premises may be framed by reference to the purpose for which premises are used or the frequency of their use for any purpose or by reference to any other circumstances whatsoever; and different provision may be made in pursuance of that subsection in relation to different designated uses. 5 An order under this section may include such supplementary and incidental provisions as appear to the Secretary of State to be necessary or expedient for the purposes of the order. 6 An order under this section may be varied or revoked by a subsequent order thereunder. 7 The power to make orders under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 8 Without prejudice to any exemption conferred by or under this Act, where premises consisting of a part of a building are put to a designated use, any other part of the building which is occupied together with those premises in connection with that use of them shall for the purposes of this Act be treated as forming part of the premises put to that use. Premises exempt from s. 1 2 No fire certificate shall by virtue of section 1 of this Act be required in respect of premises of any of the following descriptions, that is to say — a office premises, shop premises or railway premises within the meaning of the Offices, Shops and Railway Premises Act 1963, or premises which are deemed to be such premises for the purposes of that Act; b any premises constituting, or forming part of, a factory within the meaning of the Factories Act 1961 or to which any provisions of that Act apply by virtue of section 124 (institutions) or section 125 (docks, etc.) thereof; c any premises which for the purposes of the Mines and Quarries Act 1954 are deemed to form part of a mine or quarry; d any premises appropriated to, and used solely or mainly for, public religious worship ; e any premises consisting of or comprised in a house which is occupied as a single private dwelling. Power of fire authority to make fire certificate compulsory for use of certain premises as a dwelling 3 1 This section applies to any premises not for the time being excluded by subsection (2) below which have been, are being or are to be used as a dwelling if — a the premises consist of or comprise a room which has been, is being or is to be used as living accommodation and which — i is below the ground floor of the building which constitutes or comprises the premises; or ii is two or more floors above the ground floor of that building ; or iii is a room of which the floor is six metres or more above the surface of the ground on any side of that building; or b explosive or highly flammable materials of any prescribed kind have been, are being or are to be kept anywhere under, in or on the building which constitutes or comprises the premises in a quantity or aggregate quantity greater than the quantity prescribed for the purposes of this paragraph as the maximum in relation to materials of that kind. 2 This section does not apply to — a any premises consisting of or comprised in a house which is occupied as a single private dwelling; or b any premises consisting of or comprised in a house which is occupied by persons who do not form a single household. 3 If in the case of any premises it appears to the fire authority that they are premises to which this section applies, the authority may serve a notice under this section relating to those premises on either — a the occupier of the premises ; or b the owner of the premises ; or c a person (whether the occupier or owner of the premises or not) having the overall management of the building constituting or comprising the premises. 4 A notice under this section shall be in the prescribed form and shall — a specify the premises to which it relates; and b give particulars of the facts by reason of which it appears to the fire authority that this section applies to the premises; and c specify one of the positions mentioned in subsection (3) above and state that the person on whom the notice is served is being served with it as the occupier of that position; and d indicate that on the coming into force of the notice a fire certificate will, in the circumstances mentioned in subsection (6) below, be required in respect of the premises to which the notice relates ; and e state the right of appeal against the notice conferred by section 4 of this Act and the time within which such an appeal may be brought. 5 Before a fire authority serve a notice under this section relating to any premises, they shall, if they are not the local authority for the area in which the premises are situated, consult that local authority. 6 A fire certificate shall be required in respect of any premises which, while this section applies to them and there is in force a notice under this section relating to them, are used as a dwelling. 7 Where, in the case of any premises, there is in force a notice under this section relating to them and it appears to the fire authority that the notified person has ceased to occupy the specified position, they may serve a fresh notice under this section in respect of the premises; and on the coming into force of a notice served by virtue of this subsection, the previous notice relating to the premises shall cease to have effect. 8 In this Act — a " the notified persons ", in relation to any premises in respect of which a notice under this section is in force, means the person on whom that notice was served; and b " the specified position ", in relation to a notice served under this section, means the position specified in the notice in pursuance of subsection (4)(c) above. Right of appeal against, and coming into force of, notices under s. 3 4 1 Where a notice under section 3 of this Act is served in respect of any premises, the person on whom it is served may within twenty-one days from the service of the notice appeal to the court on either or both of the following grounds, that is to say — a that the premises to which the notice relates are not premises to which section 3 applies; or b that he does not occupy the specified position. 2 On an appeal under this section the court, if satisfied as to either of the grounds mentioned in subsection (1) above, shall by order cancel the notice, but shall otherwise by order confirm it. 3 A notice served under section 3 of this Act shall come into force only if it does so by virtue of subsection (4) below. 4 A notice served under section 3 of this Act shall, unless previously withdrawn by the fire authority, come into force — a where no appeal under this section is brought against it within the time mentioned in subsection (1) above, at the end of twenty-one days from the expiration of that time; b where such an appeal is so brought but is withdrawn or dismissed for want of prosecution, at the end of twenty-one days from the date of withdrawal or dismissal of the appeal; c where such an appeal is so brought, is not withdrawn or dismissed as aforesaid, and is finally determined by the confirmation of the notice, at the end of twenty-one days from the date of the final determination of the appeal. Fire certificates Application for, and issue of, fire certificate 5 1 An application for a fire certificate with respect to any premises must be made to the fire authority in the prescribed form and — a must specify the particular use or uses of the premises which it is desired to have covered by the certificate; and b must give such information as may be prescribed about the premises and any prescribed matter connected with them; and c if the premises consist of part of a building, must, in so far as it is available to the applicant, give such information as may be prescribed about the rest of the building and any prescribed matter connected with it. 2 On receipt of an application for a fire certificate with respect to any premises the fire authority may require the applicant within such time as they may specify — a to furnish them with such plans of the premises as they may specify; and b if the premises consist of part of a building, to furnish them, in so far as it is possible for him to do so, with such plans of such other part or parts of the building as they may specify ; and if the applicant fails to furnish the required plans within that time or such further time as the authority may allow, the application shall be deemed to have been withdrawn at the end of that time or further time, as the case may be. 3 Where an application for a fire certificate with respect to any premises has been duly made and all such plans (if any) as are required to be furnished under subsection (2) above in connection with it have been duly furnished, it shall be the duty of the fire authority to cause to be carried out an inspection of the relevant building (including any part of it which consists of premises to which any exemption conferred by or under this Act applies), and if the fire authority are satisfied as regards any use of the premises which is specified in the application that — a the means of escape in case of fire with which the premises are provided : and b the means (other than means for fighting fire) with which the relevant building is provided for securing that the means of escape with which the premises are provided can be safely and effectively used at all material times; and c the means for fighting fire (whether in the premises or affecting the means of escape) with which the relevant building is provided for use in case of fire by persons in the building; and d the means with which the relevant building is provided for giving to persons in the premises warning in case of fire, are such as may reasonably be required in the circumstances of the case in connection with that use of the premises, the authority shall issue a certificate covering that use. 4 Where the fire authority, after causing to be carried out under subsection (3) above an inspection of the relevant building, are, as regards any use of the premises specified in the application, not satisfied that the means mentioned in that subsection are such as may reasonably be required in the circumstances of the case in connection with that use, they shall by notice served on the applicant — a inform him of that fact and of the steps which would have to be taken (whether by way of making alterations to any part of the relevant building or of otherwise providing that building or, as the case may be, the premises with any of those means) to satisfy them as aforesaid as regards that use ; and b notify him that they will not issue a fire certificate covering that use unless those steps are taken (whether by the applicant or otherwise) within a specified time; and if at the end of that time or such further time as may be allowed by the authority or by any order made by a court on, or in proceedings arising out of, an appeal under section 9 of this Act against the notice, a certificate covering that use has not been issued, it shall be deemed to have been refused. Contents of fire certificate 6 1 Every fire certificate issued with respect to any premises shall specify — a the particular use or uses of the premises which the certificate covers; and b the means of escape in case of fire with which the premises are provided ; and c the means (other than means for fighting fire) with which the relevant building is provided for securing that the means of escape with which the premises are provided can be safely and effectively used at all material times; and d the type, number and location of the means for fighting fire (whether in the premises or affecting the means of escape) with which the relevant building is provided for use in case of fire by persons in the building; and e the type, number and location of the means with which the relevant building is provided for giving to persons in the premises warning in case of fire, and may, where appropriate, do so by means of or by reference to a plan. 2 A fire certificate issued with respect to any premises may impose such requirements as the fire authority consider appropriate in the circumstances — a for securing that the means of escape in case of fire with which the premises are provided are properly maintained and kept free from obstruction; b for securing that the means with which the relevant building is provided as mentioned in subsection (1)(c) to (e) above are properly maintained ; c for securing that persons employed to work in the premises receive appropriate instruction or training in what to do in case of fire, and that records are kept of instruction or training given for that purpose ; d for limiting the number of persons who may be in the premises at any one time ; and e as to other precautions to be observed in the relevant building in relation to the risk, in case of fire, to persons in the premises. 3 Any requirements imposed by virtue of subsection (2) above by a fire certificate issued with respect to any premises — a may, in so far as they apply to the premises, be framed either so as to apply to the whole of the premises or so as to apply to one or more parts of them ; and b where the premises do not constitute the whole of the relevant building, may (where appropriate) be framed either so as to apply to the whole of the rest of that building or so as to apply to one or more parts of the rest of it, and different requirements may, in either case, be imposed in relation to different parts; and a fire certificate covering more than one use of the premises to which it relates may by virtue of subsection (2) above impose different requirements in relation to different uses of the premises or of any part of the premises. 4 For the purposes of this Act a fire certificate issued with respect to any premises shall be treated as requiring every matter specified in the certificate in accordance with subsection (1)(b), (c), (d) or (e) above to be kept in accordance with its specification in the certificate; and references in this Act to requirements imposed by a fire certificate shall be construed accordingly. 5 In so far as a requirement imposed by a fire certificate issued with respect to any premises requires anything to be done or not to be done to or in relation to any part of the relevant building, the person responsible for any contravention thereof shall (subject to any provision included in the certificate in pursuance of this subsection) be the occupier of that part; but if as regards any such requirement, in so far as it requires anything to be done or not to be done to or in relation to any part of the relevant building, the fire authority consider it appropriate in the circumstances to provide that some other person or persons shall be responsible for any contravention thereof instead of, or in addition to, the occupier of that part, they may so provide in the certificate and, if the certificate covers more than one use of the premises, may in pursuance of this subsection make different provision therein in relation to different uses of the premises. 6 Subject to subsection (7) below, a fire authority — a shall not issue a fire certificate which would have the effect of making a person responsible under or by virtue of subsection (5) above for contraventions of a requirement imposed by the certificate, or make in a fire certificate any amendment which would have that effect, unless (in either case) they have previously consulted the person in question about his proposed responsibility for contraventions of the requirement; and b shall not amend a fire certificate so as to vary any requirement imposed by it, in a case where any person already responsible under or by virtue of subsection (5) above for contraventions of that requirement is to continue to be so responsible when the variation takes effect, unless they have previously consulted that person about the proposed variation ; but, without prejudice to any right of appeal conferred by section 9 of this Act, a fire certificate shall not be invalidated by any failure of the fire authority by whom it is issued to comply with the requirements of this subsection. 7 Where a fire authority propose to issue a new fire certificate with respect to any premises as an alternative to amending an existing fire certificate, and the new certificate would have the effect of reimposing without variation a requirement imposed by the existing certificate and of making any person who is responsible under or by virtue of subsection (5) above for contraventions of the existing requirement continue to be so responsible for contraventions of it as reimposed, the authority shall not be required under subsection (6) above to consult that person by reason only of that fact. 8 A fire certificate issued with respect to any premises other than premises in relation to which a notice under section 3 of this Act is in force shall be sent to the occupier of the premises and shall be kept in the premises so long as it is in force. 9 A fire certificate issued with respect to any premises in relation to which a notice under section 3 of this Act is in force shall be sent to the notified person and, if that person is not the occupier of the premises, a copy of the certificate shall be sent to the occupier of the premises; and so long as the certificate is in force — a the certificate shall be kept in the relevant building; and b where a copy of the certificate is by this subsection required to be sent to the occupier of the premises, the copy shall be kept in the premises. Offences in relation to foregoing provisions 7 1 Subject to subsection (3) below and section 9(3) of this Act, if any premises are at any time put to a designated use, being premises such that, where they are put to that use, a fire certificate is by virtue of section 1 of this Act required in respect of them, then, if no fire certificate covering that use is at that time in force in respect of the premises, the occupier of the premises shall be guilty of an offence. 2 Subject to subsection (3) below and section 9(3) of this Act, if any premises are used as a dwelling at any time while section 3 of this Act applies to them and a notice under that section relating to them is in force, then, if no fire certificate covering that use is at that time in force in respect of the premises, the notified person shall, unless he proves that at that time he no longer occupied the specified position, be guilty of an offence. 3 A person shall not be guilty of an offence under subsection (1) or (2) above by reason of any premises being put to a designated use or used as a dwelling at a time after an application for a fire certificate with respect to them covering that use has been duly made and before the certificate is granted or refused. 4 Subject to section 9(4) and (5) of this Act, if, while a fire certificate is in force in respect of any premises, any requirement imposed thereby is contravened by reason of anything done or not done to or in relation to any part of the relevant building, every person who under or by virtue of section 6(5) of this Act is responsible for that contravention shall be guilty of an offence: Provided that a person shall not be convicted of an offence under this subsection unless it is proved that his responsibility for contraventions of the requirement in question had been made known to him before the occurrence of the contravention in respect of which he is charged. 5 A person guilty of an offence under subsection (1), (2) or (4) above shall be liable — a on summary conviction, to a fine not exceeding £400 ; b on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both. 6 In the event of a contravention of subsection (8) of section 6 of this Act in the case of a fire certificate required by that subsection to be kept in any premises or of a contravention of subsection (9) of that section in the case of a copy of a fire certificate required by subsection (9)(b) of that section to be kept in any premises, the occupier of the premises shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50. 7 If, while there is in force a notice under section 3 of this Act relating to any premises, there occurs a contravention of subsection (9) of section 6 of this Act in the case of a fire certificate issued with respect to those premises and required by paragraph (a) of that subsection to be kept in the relevant building, the notified person shall, unless he proves that at the material time he no longer occupied the specified position, be guilty of an offence and liable on summary conviction to a fine not exceeding £50. Change of conditions affecting adequacy of certain matters specified in fire certificate, etc. 8 1 So long as a fire certificate is in force with respect to any premises, the fire authority may cause any part of the relevant building to be inspected at any reasonable time for the purpose of ascertaining whether there has been a change of conditions by reason of which any of the matters mentioned in section 6(1)(b) to (e) of this Act have become inadequate in relation to any use of the premises covered by the certificate; but where a building or part of a building is used as at dwelling or consists of premises of any other description prescribed for the purposes of this subsection, an inspection of the building or, as the case may be, of such a part shall not be made under this subsection as of right unless twenty-four hours' notice has been given to the occupier of the building or, as the case may be, of the part in question. For the purposes of this subsection a description of premises may be framed in any of the ways mentioned in section 1(4) of this Act. 2 If, while a fire certificate is in force with respect to any premises — a it is proposed to make a material extension of, or material structural alteration to, the premises; or b it is proposed to make a material alteration in the internal arrangement of the premises or in the furniture or equipment with which the premises are provided; or c the occupier of the premises proposes to begin to keep explosive or highly flammable materials of any prescribed kind anywhere under, in or on the relevant building in a quantity or aggregate quantity greater than the quantity prescribed for the purposes of this paragraph as the maximum in relation to materials of that kind, the occupier shall, before the carrying out of the proposals is begun, give notice of the proposals to the fire authority; and if the carrying out of the proposals is begun without such notice having been given, the occupier shall be guilty of an offence. 3 If, while a fire certificate is in force with respect to any premises not constituting the whole of the relevant building, any person who as occupier of any other part of that building is under section 6(5) of this Act responsible for contraventions of any requirement imposed by the certificate proposes to begin to keep explosive or highly flammable materials of any prescribed kind anywhere under, in or on that building in a quantity or aggregate quantity greater than the quantity prescribed for the purposes of this subsection as the maximum in relation to materials of that kind, that person shall, before the carrying out of the proposals is begun, give notice of the proposals to the fire authority; and if the carrying out of the proposals is begun without such notice having been given, that person shall be guilty of an offence. 4 If the fire authority are satisfied, as regards any premises with respect to which a notice under subsection (2) above has been given to them, that the carrying out of the proposals notified would result in any of the matters mentioned in section 6(1)(b) to (e) of this Act becoming inadequate in relation to any use of the premises covered by the relevant fire certificate, they may by notice served on the occupier within two months from the receipt of the notice under subsection (2) — a inform the occupier of the steps which would have to be taken in relation to the relevant building (whether by way of making alterations to any part of the relevant building or otherwise) to prevent the matters in question from becoming in their opinion inadequate in relation to that use in the event of the proposals being carried out; and b give him such directions as the fire authority consider appropriate for securing, as regards any of the proposals which may be specified in the directions, that that proposal, or any stage of it which may be so specified, is not carried out until such of those steps as may be so specified in relation to that proposal or stage have been taken (whether by him or otherwise); and if those steps are duly taken in connection with the carrying out of the proposals, the fire authority shall amend the fire certificate or issue a new one. 5 If the fire authority are satisfied (whether as a result of an Inspection made under subsection (1) above or otherwise) that, as regards any premises with respect to which a fire certificate is in force, any of the matters mentioned in section 6(1)(b) to (e) of this Act has, in consequence of a change of conditions, become inadequate in relation to any use of the premises covered by the certificate, they may by notice served on the occupier — a inform him of that fact and of the steps which would have to be taken in relation to the relevant building (whether by way of making alterations to any part of the relevant building or otherwise) to make the matter in question adequate in their opinion in relation to that use; and b notify him that if those steps are not taken (whether by him or otherwise) within such period as may be specified in the notice, the fire certificate may be cancelled; and if those steps are duly taken, the fire authority shall, if necessary, amend the fire certificate or issue a new one. 6 If the fire authority consider (whether as a result of an inspection made under subsection (1) above or otherwise) that, as regards any premises with respect to which a fire certificate is in force, it would, in consequence of a change of conditions or of the coming into force of any regulations made under section 12 of this Act, be appropriate to amend the certificate for any of the following purposes, that is to say — a to vary or revoke any requirement which the certificate imposes by virtue of section 6(2) of this Act; or b to add to the requirements which the certificate so imposes; or c to alter the effect of the certificate as to the person or persons responsible under or by virtue of section 6(5) of this Act for contraventions of any requirement imposed (whether by virtue of section 6(2) or otherwise) by the certificate, the authority may, subject to section 6(6) of this Act, make such amendments in the certificate as they think appropriate for that purpose or issue a new certificate embodying those amendments. 7 If any person contravenes a direction given to him in pursuance of subsection (4)(b) above, he shall be guilty of an offence; and the fire authority may cancel the fire certificate issued with respect to any premises if they are satisfied that there has been such a contravention as aforesaid by the occupier, whether or not proceedings are brought in respect of the contravention. 8 A person guilty of an offence under subsection (2), (3) or (7) above shall be liable — a on summary conviction, to a fine not exceeding £400 ; b on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both. 9 Where a notice has been served under subsection (5) above in connection with any premises and the steps mentioned in it in accordance with paragraph (a) of that subsection are not taken within the period specified in the notice in accordance with paragraph (b) of that subsection or such longer period as may be allowed by the fire authority or by any order made by a court on, or in proceedings arising out of, an appeal under section 9 of this Act against the notice, the fire authority may cancel the fire certificate in force with respect to the premises or, if it covers two or more uses of the premises, may either cancel it or amend it so as to remove from those uses one or more of them (and in that case may make in it all such amendments as they think appropriate in connection with the removal of the use or uses in question). 10 Where there is in force a notice under section 3 of this Act relating to any premises, the foregoing provisions of this section shall apply to them subject to the following modifications, that is to say — a in subsection (2), the first reference to the occupier shall be read as a reference to the occupier or the notified person, the second reference to the occupier shall be read as a reference to the occupier or the notified person, as the case may be, and the third reference to the occupier shall be read as a reference to the person required by that subsection to give notice of the proposals; b in subsections (4) and (7), references to the occupier shall, if the notice under subsection (2) was given by the notified person, be read as references to that person ; and c in subsection (5), references to the occupier shall be read as references to the notified person. 11 Where the fire authority are satisfied, as regards any premises with respect to which a notice under subsection (2) above has been given to them, that the carrying out of the proposals notified would not result in any of the matters mentioned in section 6(1)(b) to (e) of this Act becoming inadequate, they shall, on production of the fire certificate in force with respect to the premises, cause to be attached to it a copy of the notice together with a written statement that they are so satisfied. 12 Where in pursuance of this section the fire authority amend a fire certificate of which by virtue of section 6(9) of this Act a copy is required to be kept in the premises to which the certificate relates, they shall cause the copy to be similarly amended; and where in pursuance of subsection (11) above the fire authority cause any document to be attached to such a fire certificate, they shall cause the like document to be attached to the copy of the certificate required to be kept in the premises to which the certificate relates. Right of appeal as regards matters arising out of ss. 5 to 8 9 1 A person who is aggrieved — a by anything mentioned in a notice served under section 5(4) of this Act as a step which would have to be taken as a condition of the issue of a fire certificate with respect to any premises, or by the period allowed by such a notice for the taking of any steps mentioned in it; or b by the refusal of the fire authority to issue a fire certificate with respect to any premises; or c by the inclusion of anything in, or the omission of anything from, a fire certificate issued with respect to any premises by the fire authority; or d by the refusal of the fire authority to cancel or to amend a fire certificate issued with respect to any premises; or e by any direction given in pursuance of section 8(4)(6) of this Act; or f by anything mentioned in a notice served under section 8(5) of this Act with respect to any premises as a step which must be taken if the fire authority are not to become entitled to cancel the fire certificate relating to the premises, or by the period allowed by such a notice for the taking of any steps mentioned in it; or g by the amendment or cancellation in pursuance of section 8(6), (7) or (9) of this Act of a fire certificate issued with respect to any premises, may, within twenty-one days from the relevant date, appeal to the court; and on any such appeal the court may make such order as it thinks fit. 2 In this section " the relevant date " means — a in relation to a person aggrieved by any such refusal, direction, cancellation or amendment as is mentioned in subsection (1) above or by any matter mentioned in paragraph (a) or (f) of that subsection, the date on which he was first served by the fire authority with notice of the refusal, direction, cancellation, amendment or matter in question ; b in relation to a person aggrieved by the inclusion of anything in, or the omission of anything from, a fire certificate issued with respect to any premises, the date on which the inclusion or omission was first made known to him; and for the purposes of paragraph (b) above a person who is served with a fire certificate or a copy of, or of any part of, a fire certificate shall be taken to have had what the certificate or that part of it does and does not contain made known to him at the time of the service on him of the certificate or copy. 3 Where an appeal is brought under this section against the refusal of the fire authority to issue a fire certificate with respect to any premises or the cancellation or amendment in pursuance of section 8(7) or (9) of this Act of a fire certificate issued with respect to any premises, a person shall not be guilty of an offence under section 7(1) or (2) of this Act by reason of the premises in question being put to a designated use or used as a dwelling at a time between the relevant date and the final determination of the appeal. 4 Where an appeal is brought under this section against the inclusion in a fire certificate of anything which has the effect of making the certificate impose a requirement, a person shall not be guilty of an offence under section 7(4) of this Act by reason of a contravention of that requirement which occurs at a time between the relevant date and the final determination of the appeal. 5 Where an appeal is brought under this section against — a the inclusion in a fire certificate, in pursuance of subsection (5) of section 6 of this Act, of a provision making any person responsible for contraventions of any requirement imposed by the certificate; or b the omission from a fire certificate of a provision which, if included in pursuance of that subsection, would prevent any person from being, as the occupier of any premises, responsible under that subsection for contraventions of any requirement imposed by the certificate, that person shall not be guilty of an offence under section 7(4) of this Act by reason of a contravention of that requirement which occurs at a time between the relevant date and the final determination of the appeal. Premises involving excessive risk to persons in case of fire Court's power to prohibit or restrict use of certain premises until excessive risk to persons in case of fire is reduced 10 1 This section applies to — a any premises which are being or are proposed to be put to a use (whether designated or not) which falls within at least one of the classes of use mentioned in section 1(2) of this Act, other than premises of any description falling within section 2 of this Act; and b any premises to which section 3 of this Act for the time being applies. 2 If as regards any premises to which this section applies the fire authority are satisfied that the risk to persons in case of fire is so serious that, until steps have been taken to reduce the risk to a reasonable level, the use of the premises ought to be prohibited or restricted, the authority may make a complaint or, in Scotland, a summary application to the court; and the court on being similarly satisfied may by order prohibit or restrict, to the extent appropriate in the circumstances of the case, the use of the premises until such steps have been taken as, in the opinion of the court, are necessary to reduce the risk to a reasonable level. 3 As regards premises in Scotland any reference in subsection (2) above to the fire authority includes a reference to an inspector appointed by the authority under section 18 of this Act and duly authorised by a general resolution of the authority to act for the purposes of this section. Building and other regulations about fire precautions Building regulations as to provision of means of escape in case of fire etc., and related power to amend local Acts 11 1 The power of the Secretary of State under section 4 of the Public Health Act 1961 to make building regulations for all or any of the matters set out in sections 61 and 62 of the Public Health Act 1936 shall include power to impose requirements as to the provision of means of escape from buildings in case of fire and means (other than means for fighting fire) for securing that such means of escape can be safely and effectively used at all material times. 2 Section 62 of the Public Health Act 1936 (application of regulations under certain provisions of section 61(1) of that Act to existing buildings) shall apply to regulations made by virtue of subsection (1) above as it applies to regulations made under section 61(1)(a) to (c) of that Act; and the reference in section 4(1) of the Public Health Act 1961 to matters set out in the said section 62 shall be construed accordingly. 3 The Secretary of State may by order repeal or amend any provision — a in any local Act passed before this Act, or in any Act passed before this Act and confirming a provisional order; or b in any order or other instrument made under an Act of Parliament before the passing of this Act, where it appears to him that that provision is inconsistent with, or has become unnecessary in consequence of, the foregoing provisions of this section; and subsections (4) and (5) of section 82 (power to amend local Acts) of the Public Health Act 1961 shall apply to orders under this section as they apply to orders under that. 4 The definition of " building " in section 43(1) of this Act shall not apply for the purposes of this section. 5 This section does not extend to Scotland, and does not apply to any part of Greater London other than the outer London boroughs. Power of Secretary of State to make regulations about fire precautions 12 1 In the case of any particular use of premises which he has power to designate under section 1 of this Act the Secretary of State may by regulations make provision as to the precautions which, as regards premises put to that use, or any specified class of such premises, are to be taken or observed in relation to the risk to persons in case of fire, but so that nothing in any regulations made under this section shall apply to premises of any description falling within any paragraph of section 2 of this Act other than paragraph (d). 2 The Secretary of State may by regulations make provision as to the precautions which are to be taken or observed in relation to the risk to persons in case of fire as regards premises which, while section 3 of this Act applies to them and a notice under that section is in force in relation to them, are used as a dwelling, or any specified class of such premises. 3 Without prejudice to the generality of the powers conferred on the Secretary of State by subsections (1) and (2) above, regulations made by him under this section may in particular, as regards any premises to which they apply, impose requirements — a as to the provision, maintenance and keeping free from obstruction of means of escape in case of fire ; b as to the provision and maintenance of means for securing that any means of escape can be safely and effectively used at all material times ; c as to the provision and maintenance of means for fighting fire and means for giving warning in case of fire; d as to the internal construction of the premises and the materials used in that construction ; e for prohibiting altogether the presence or use in the premises of furniture or equipment of any specified description, or prohibiting its presence or use unless specified standards or conditions are complied with; f for securing that persons employed to work in the premises receive appropriate instruction or training in what to do in case of fire; g for securing that, in specified circumstances, specified numbers of attendants are stationed in specified parts of the premises ; and h as to the keeping of records of instruction or training given, or other things done, in pursuance of the regulations. 4 Regulations under this section — a may impose requirements on persons other than occupiers of premises to which they apply; and b may, as regards any of their provisions, make provision as to the person or persons who are to be responsible for any contravention thereof; and c may provide that if any specified provision of the regulations is contravened, the person or each of the persons who under the regulations is or are responsible for the contravention shall be guilty of an offence under this section. 5 It shall be the duty of the Secretary of State, before making any regulations under this section, to consult with such persons or bodies of persons as appear to him requisite. 6 A person guilty of an offence under this section by virtue of subsection (4)(c) above shall be liable — a on summary conviction, to a fine not exceeding £400 ; b on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both. 7 While there are in force under this section any regulations applying to premises put to a particular use, or to any specified class of such premises, a fire authority — a in determining under subsection (3) of section 5 of this Act whether to issue a fire certificate covering that use with respect to any premises to which the regulations apply, shall proceed on the footing that, as regards any matter mentioned in paragraphs (a) to (d) of that subsection about which provision is made in the regulations, no more can reasonably be required in the circumstances of the case than is required by the regulations ; and b shall not in any fire certificate covering that use issued with respect to any premises to which the regulations apply impose in pursuance of section 6(2) of this Act in relation to that use any requirement as to any matter about which provision is made in the regulations which is more onerous than the requirements of the regulations as to that matter. 8 Where there are in force under this section any regulations applying to premises put to a particular use, or to any specified class of such premises, and a fire certificate covering that use is in force with respect to any premises to which the regulations apply, then — a so long as the requirements as to any matter which are imposed by the fire certificate in relation to that use are complied with, no person shall be guilty of an offence under the regulations by reason of any contravention of a requirement of the regulations as to that matter; b if as a result of an inspection made under section 8(1) of this Act it appears to the fire authority that any of the matters mentioned in section 6(1)(b) to (e) of this Act is not in conformity with any provision made in the regulations about that matter, the authority shall by notice served on the occupier — i inform him of that fact and of the steps which would have to be taken in relation to the relevant building (whether by way of making alterations to any part of the relevant building or otherwise) to bring the matter in question into conformity with that provision; and ii notify him that if those steps are not taken (whether by himself or otherwise) within such period as may be specified in the notice, the fire certificate may be cancelled; and if those steps are duly taken, the fire authority shall, if necessary, amend the fire certificate or issue a new one. 9 Where there is in force a notice under section 3 of this Act relating to any premises, subsection (8)(b) above shall apply to them subject to the modification that the first reference to the occupier shall be read as a reference to the occupier or the notified person, and the other references to the occupier shall be read as references to the occupier or the notified person, as the case may be. 10 Sections 8(9) and 9 of this Act shall (with the necessary modifications) have effect in a case where a notice is served under subsection (8)(b) above with respect to any premises as they have effect in a case where a notice is served under section 8(5); and where in pursuance of this section the fire authority amend a fire certificate of which by virtue of section 6(9) of this Act a copy is required to be kept in the premises to which the certificate relates, they shall cause the copy to be similarly amended. 11 No regulations shall after the coming into operation of this subsection be made by virtue of section 2(1)(a) of the Cinematograph Act 1952 under the Cinematograph Act 1909; but any regulations so made which are in force when this subsection comes into operation shall have effect as if made under this section, and may be amended or revoked accordingly. 12 In consequence of subsection (11) above — a the following provisions of the Cinematograph Act 1952 (which relate to the power of the Secretary of State to make safety regulations) are hereby repealed, that is to say section 2(1)(a) and, in section 5(1), paragraph (c) from the words " and regulations " onwards, paragraph (d) from the word " except" onwards, and the proviso; and b in section 4(2) of that Act (control of cinematograph exhibitions for children), after the word " 1909 " there shall be inserted the words " and any regulations made or having effect as if made under section 12 of the Fire Precautions Act 1971. " Exercise of certain powers of fire authority in England and Wales where building regulations as to means of escape apply 13 1 Where an application is made for a fire certificate with respect to any premises and — a the relevant building is a building to which ait the time of its erection building regulations imposing requirements as to means of escape in case of fire applied; and b in connection with the erection of that building plans were, in accordance with building regulations, deposited with a local authority, the fire authority shall not in pursuance of section 5(4) of this Act make the issue of a certificate conditional on the making to the building of structural or other alterations relating to escape from the premises unless — i there are in force under section 12 of this Act regulations applying to the premises in relation to any use of the premises specified in the application, being regulations which impose requirements as to means of escape in case of fire or means for securing that any means of escape can be safely and effectively used at all material times, and the fire authority are satisfied that alterations to the relevant building are necessary to bring the premises into compliance with the regulations in respect of those requirements; or ii the fire authority are satisfied that the means of escape in case of fire with which the premises are provided or the means of the sort mentioned in section 5(3)(b) of this Act with which the relevant building is provided are inadequate in relation to any use of the premises so specified by reason of matters or circumstances of which particulars were not required by or under the building regulations to be supplied to the local authority in connection with the deposit of plans. 2 Where an application is made for a fire certificate with respect to any premises in the circumstances described in subsection (1)(a) and (b) above and since the erection of the building plans have, in accordance with building regulations, been deposited with a local authority in connection with any proposals relating to the building, subsection (1) above shall have effect in relation to that application as if in paragraph (ii) the reference to the deposit of plans included a reference to the deposit of plans in connection with those proposals. 3 Where, while a fire certificate is in force with respect to any premises, the fire authority receive notice under subsection (2) of section 8 of this Act of any proposals falling within that subsection to which building regulations imposing requirements as to means of escape in case of fire apply, and in connection with those proposals plans have, in accordance with building regulations, been deposited with a local authority, the fire authority shall not in pursuance of subsection (4) of that section make the carrying out of those proposals conditional on the making to the relevant building of structural or other alterations relating to escape from the premises unless — a there are in force under section 12 of this Act regulations applying to the premises in relation to any use of the premises covered by the certificate, being regulations which impose requirements such as are mentioned in subsection (1)(i) above, and the fire authority are satisfied that the carrying out of the proposals in compliance with the requirements of the building regulations will not of itself ensure that, when the proposals have been carried out, the premises will comply with the regulations under section 12 in respect of the requirements such as are mentioned in subsection (1)(i) above which the regulations under section 12 impose; or b the fire authority are satisfied that, by reason of matters or circumstances of which particulars are not required by or under the building regulations to be supplied to the local authority in connection with the deposit of plans, the carrying out of the proposals in compliance with the requirements of the building regulations will not of itself ensure that, when the proposals have been carried out, the means of escape in case of fire with which the premises will then be provided and the means of the sort mentioned in section 5(3)(b) of this Act with which the relevant building will then be provided will be adequate in relation to every use of the premises covered by the certificate. 4 In this section " structural or other alterations relating to escape from the premises", in relation to any such premises as are mentioned in this section, means structural or other alterations directly connected with the provision of the premises with adequate means of escape in case of fire or the provision of the relevant building with adequate means of the sort mentioned in section 5(3)(b) of this Act. 5 References in this section to building regulations shall, in any particular case in relation to which there is in force a direction under section 6 of the Public Health Act 1961 dispensing with or relaxing any requirement in such regulations, be construed as references to building regulations as they apply in that case. 6 This section does not extend to Scotland. Exercise of certain powers of fire authority in Scotland where building standards regulations as to means of escape apply 14 1 Subject to subsection (2) below, where — a building standards regulations imposing requirements as to means of escape in case of fire apply to any building ; or b the sheriff, on an appeal to him under section 16 of the Building (Scotland) Act 1959 — i against an order under section 10 of that Act requiring the execution of operations necessary to make a building conform to a provision of building standards regulations with respect to requirements of the means of escape in case of fire, or ii against an order under section 11 of that Act requiring the building to be made to conform to such a provision, has varied the order by determining that such operations shall be executed as are necessary to make the building conform to a different standard, or, as the case may be, that the building should conform to a different standard, and the fire authority are satisfied that the building so conforms, then the fire authority shall not, for the purposes of section 5 or 8 of this Act, specify any alterations in respect of that building to a standard higher than that of the said regulations or, as the case may be, than that determined by the sheriff. 2 The restrictions imposed on the fire authority by the foregoing subsection shall not apply where — a there are in force under section 12 of this Act regulations applying to the building in relation to any use of the building, being regulations which impose requirements as to means of escape from fire or means for securing that any means of escape can be safely and effectively used at all material times, and the fire authority are satisfied that alterations to the building are necessary to bring the building into compliance with the regulations in respect of those requirements; or b the fire authority are satisfied that the means of escape in case of fire with which the building is provided or the means of the sort mentioned in section 5 (3) (b) of this Act with which the building is provided are inadequate in relation to any use of the building by reason of matters or circumstances of which particulars were not required by or under the building standards regulations. 3 In this section " building standards regulations " has the same meaning as in the Building (Scotland) Act 1959. Consultation between fire and other authorities Duty of local authority to consult fire authority before dispensing with or relaxing certain requirements of building regulations 15 1 Where, in the case of any requirement as to structural fire precautions contained in building regulations or any requirement imposed by such regulations by virtue of section 11 of this Act, the power to dispense with or relax that requirement conferred by section 6(1) of the Public Health Act 1961 is by virtue of section 6(2) of that Act exercisable by a local authority, then, before exercising that power in relation to any premises or proposed premises, the local authority, if they are not the fire authority, shall consult the fire authority. 2 This section does not extend to Scotland. Duty of local authority to consult fire authority in certain cases before passing plans 16 1 Where it is proposed to erect a building or to make any extension of or structural alteration to a building and, in connection with the proposals, plans are, in accordance with building regulations, deposited with a local authority, then, if it appears to the local authority likely — a that the first use to which any premises constituting or comprised in the building or, as the case may be, the building as extended will be put after the proposals are carried out will be a use which at the time of the deposit of the plans was a designated use ; or b that the first use to which any such premises will be put after the proposals are carried out will be use as a dwelling, and that one or more of the conditions set out in section 3(1)(a) and (b) of this Act will then be fulfilled as regards those premises, the local authority, if they are not the fire authority, shall consult the fire authority before passing the plans. 2 Where it is proposed, to change the use to which a building or part of a building is put and, in connection with that proposal, plans are, in accordance with building regulations, deposited with a local authority, then, if it appears to the local authority likely — a that the first use to which any premises constituting or comprised in the building will be put after the time when that change of use occurs will be a use which at the time of the deposit of the plans was a designated use; or b that the first use to which any such premises will be put after the time when that change of use occurs will be use as a dwelling, and that one or more of the conditions set out in section 3(1)(a) and (b) of this Act will then be fulfilled as regards those premises, the local authority, if they are not the fire authority, shall consult the fire authority before passing the plans. 3 This section does not extend to Scotland. Duty of fire authorities to consult other authorities before requiring alterations to buildings 17 1 Before a fire authority — a serve on the applicant for a fire certificate with respect to any premises a notice under section 5(4) of this Act informing him that they will not issue a certificate unless alterations are made to the relevant building ; or b serve in respect of any premises a notice under section 8(4) or (5) or section 12(8)(b) of this Act mentioning as a step which would have to be taken anything involving the making of alterations to the relevant building, the authority shall — i if the premises are situated in England or Wales (else where than in Greater London) or in an outer London borough and the fire authority are not the local authority for the area in which the premises are situated, consult that local authority ; and ii if the premises are situated in Scotland, consult the buildings authority (within the meaning of section 1 of the Building (Scotland) Act 1959) for the area in which the premises are situated. 2 For the avoidance of doubt it is hereby declared that a local authority or buildings authority who have in accordance with this section been consulted by a fire authority proposing to serve any such notice as is mentioned in subsection (1) above may be a person aggrieved within the meaning of section 9 of this Act. Enforcement Enforcement of Act 18 It shall be the duty of every fire authority to enforce within their area the provisions of this Act and of regulations made under this Act, and for that purpose to appoint inspectors; but nothing in this section shall be taken to authorise a fire authority in Scotland to institute proceedings for any offence. Powers of inspectors 19 1 Subject to the provisions of this section, any of the following persons (in this section referred to as " inspectors ") namely an inspector appointed under section 18 of this Act and a fire inspector, may do anything necessary for the purpose of carrying this Act and regulations thereunder into effect and, in particular, shall, so far as may be necessary for that purpose, have power to do at any reasonable time any of the following things, namely — a to enter any such premises as are mentioned in subsection (2) below, and to inspect the whole or any part thereof and anything therein ; b to make such inquiry as may be necessary for any of the purposes mentioned in subsection (3) below; c to require the production of, and to inspect, any fire certificate in force with respect to any premises or any copy of any such certificate; d to require any person having responsibilities in relation to any such premises as are referred to in paragraph (a) above (whether or not the owner or occupier of the premises or a person employed to work therein) to give him such facilities and assistance with respect to any matters or things to which the responsibilities of that person extend as are necessary for the purpose of enabling the inspector to exercise any of the powers conferred on him by this subsection. 2 The premises referred to in subsection (1)(a) above are the following, namely — a any premises requiring a fire certificate or to which any regulations made under section 12 of this Act apply; b any premises such as are mentioned in section 10(1)(a) of this Act; c any premises to which section 3 of this Act for the time being applies; d any premises not falling within any of the foregoing paragraphs which form part of a building comprising any premises so falling; and e any premises which the inspector has reasonable cause to believe to be premises falling within any of the foregoing paragraphs. 3 The purposes referred to in subsection (1)(b) above are the following, namely — a to ascertain, as regards any premises, whether they fall within any of paragraphs (a) to (d) of subsection (2) above; b to identify the owner or occupier of any premises falling within any of those paragraphs; c to ascertain whether, in the case of any premises to which section 3 of this Act for the time being applies, any person has the overall management of the building constituting or comprising the premises and, if so, to identify that person; d to ascertain, as regards any premises falling within any of the said paragraphs (a) to (d), whether the provisions of this Act and regulations made under section 12 thereof are complied with, and, where a fire certificate is in force in respect of any such premises, whether the requirements imposed by the certificate are complied with. 4 An inspector shall, if so required when visiting any premises in the exercise of powers conferred by this section, produce to the occupier of the premises some duly authenticated document showing his authority. 5 In the case of premises used as a dwelling or premises of any other description prescribed for the purposes of this subsection, no power of entry conferred by subsection (1) above shall be exercised as of right unless twenty-four hours' notice has been given to the occupier; and for the purposes of this subsection a description of premises may be framed in any of the ways mentioned in section 1(4) of this Act. 6 A person who — a intentionally obstructs an inspector in the exercise or performance of his powers or duties under this Act; or b without reasonable excuse fails to comply with any requirement imposed by an inspector under subsection (1)(d) above, shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50. Exercise on behalf of fire inspectors of their powers by officers of fire brigades 20 1 The like powers as are in relation to any premises conferred by section 19 of this Act on a fire inspector shall be exercisable by an officer of the fire brigade maintained by the fire authority when authorised in writing by such an inspector for the purpose of reporting to him on any matter falling within his duties under this Act; and subsections (4) and (6) of that section shall, with the necessary modifications, apply accordingly. 2 A fire inspector shall not authorise an officer of a fire brigade under this section except with the consent of the fire authority who maintain that brigade. Restriction on disclosure of information 21 If a person discloses (otherwise than in the performance of his duty or for the purposes of any legal proceedings, including an arbitration, or for the purposes of a report of any such proceedings) any information obtained by him in any premises entered by him in the exercise of powers conferred by this Act, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100. Offences, penalties and legal proceedings Falsification of documents, false statements etc. 22 1 If a person — a with intent to deceive, forges a fire certificate or makes or has in his possession a document so closely resembling a fire certificate as to be calculated to deceive; or b for the purpose of procuring the issue of a fire certificate, makes any statement or gives any information which he knows to be false in a material particular or recklessly makes any statement or gives any information which is so false ; or c in purported compliance with any obligation to give information to which he is subject under or by virtue of this Act, or in response to any inquiry made by virtue of section 19(1)(b) of this Act, gives any information which he knows to be false in a material particular or recklessly gives any information which is so false ; or d makes in any register, book, notice or other document required by or by virtue of regulations made under this Act to be kept, served or given, an entry which he knows to be false in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400. 2 If a person with intent to deceive pretends to be — a an inspector within the meaning of section 19 of this Act, or b a person by whom the powers conferred by that section on a fire inspector are exercisable by virtue of section 20 of this Act, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100. 3 In this section in its application to England and Wales the expression " forges " has the same meaning as in the Forgery Act 1913. Offences by bodies corporate 23 1 Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly. 2 Where the affairs of a body corporate are managed by its members, this section shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. Offences due to fault of other person 24 Where the commission by any person of an offence under this Act or any regulations made thereunder is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person. Defence available to persons charged with offences 25 In any proceedings for an offence under this Act or under regulations made thereunder, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence. Appeals to magistrates' courts 26 1 Where any provision of this Act provides for an appeal to a magistrates' court, the procedure shall be by way of complaint for an order, and the Magistrates' Courts Act 1952 shall apply to the proceedings. 2 For the purposes of any such provision of this Act the making of the complaint shall be deemed to be the bringing of the appeal. Appeal from order made on complaint 27 1 A person aggrieved by an order made by a magistrates' court on determining a complaint under this Act may appeal therefrom to the Crown Court; and for the avoidance of doubt it is hereby declared that a fire authority or local authority may be a person aggrieved within the meaning of this section. 2 Before the coming into force of section 3 of the Courts Act 1971 subsection (1) above shall have effect as if for the reference to the Crown Court there were substituted a reference to a court of quarter sessions. Power of county court or sheriff, where notice under s. 3 is in force, to modify agreements and leases and apportion expenses 28 1 Where there is in force a notice under section 3 of this Act relating to any premises (in this section referred to as " the relevant premises "), this section shall apply to any premises consisting of or comprised in the relevant building. 2 A person who. by reason of the terms and conditions of an agreement or lease relating to any premises to which this section applies, is prevented from carrying out or doing with respect to the premises any structural or other alterations or other thing whose carrying out or doing is requisite — a as being a step mentioned in a notice served in connection with the relevant premises under any of the following provisions of this Act, namely sections 5(4), 8(4), 8(5) and 12(8)(b); or b in order to secure compliance with a requirement imposed by a fire certificate issued with respect to the relevant premises; or c in order to secure compliance with a provision of regulations under section 12 of this Act which is, or will become, applicable to the premises by virtue of there being in force a notice under section 3 of this Act relating to the relevant premises, may apply to the county court within whose jurisdiction the premises are situated, and the court may make such an order setting aside or modifying any of the terms and conditions of the agreement or lease as the court considers just and equitable in the circumstances of the case. References in this subsection to the terms and conditions of an agreement or lease relating to any premises include references to the terms and conditions on or subject to which by virtue of section 12 of the Rent Act 1968 a statutory tenant retains possession of any premises. 3 Where, in the case of any premises to which this section applies, the carrying out or doing with respect to those premises of any structural or other alterations or other thing whose carrying out or doing is requisite as mentioned in subsection (2) above involves a person having an interest in the premises in expense or in increased expense, and he alleges that the whole or part of the expense or, as the case may be, the increase, ought to be borne by some other person having an interest in the premises, the first-mentioned person may apply to the county court within whose jurisdiction the premises are situated, and the court may by order give such directions — a with respect to the persons by whom the expense or increase is to be borne, and the proportions in which it is to be borne by them ; and b if need be, for modification of the terms of any agreement or lease relating to the premises so far as concerns rent payable in respect of the premises, as the court considers just and equitable in the circumstances of the case: Provided that on an application under this subsection the court shall not direct the whole or any part of the expense or increase to be borne by a person other than the applicant by reason only of that other person being a statutory tenant of the premises or any part of the premises. 4 In this section " statutory tenant" has the same meaning as in the Rent Act 1968. 5 In the application of this section to Scotland — a for references to the county court there shall be substituted references to the sheriff; b in subsection (2), for the reference to section 12 of the Rent Act 1968 there shall be substituted a reference to section 12 of the Rent (Scotland) Act 1971; c " statutory tenant" has the same meaning as in section 133(1) of the Rent (Scotland) Act 1971; d subsection (4) shall be omitted: Provided that until the said Act of 1971 comes into force this subsection shall have effect as if in paragraph (b) for the reference to section 12 of the Rent (Scotland) Act 1971 there were substituted a reference to sections 15(1) and 16(2) of the Increase of Rent and Mortgage Interest (Restrictions) Act 1920, and in paragraph (c) for the reference to section 133(1) of the Rent (Scotland) Act 1971 there were substituted a reference to section 39(1) of the Housing (Repairs and Rents) (Scotland) Act 1954. Amendments of other Acts Extension of ss. 24 and 33 of Fire Services Act 1947 29 In sections 24 and 33(1) of the Fire Services Act 1947 (which authorise the appointment of inspectors and the holding of inquiries for obtaining information as to the performance by fire authorities of their functions under that Act) the references to that Act shall be read as including references to this Act. Provisions as to ss. 59 and 60 of Public Health Act 1936 and certain similar enactments 30 1 Where building regulations imposing requirements as to the provision of means of escape in case of fire are applicable to a proposed building or proposed extension of a building or would be so applicable but for a direction under section 6 of the Public Health Act 1961 dispensing with such requirements, none of the following provisions shall apply in relation thereto, that is to say — a subsection (1) of section 59 (exits, entrances etc. in the case of certain public, and other, buildings) of the Public Health Act 1936 ; b section 60 (means of escape from fire in the case of certain high buildings) of that Act; and c any provision of a local Act which has effect in place of any of the provisions mentioned in paragraphs (a) and (b) above. 2 So long as a fire certificate is in force with respect to any premises, any provision of a local Act which apart from this subsection would apply in the case of those premises shall not apply in their case in so far as it relates to any matter in relation to which requirements are imposed by that certificate; and so long as any regulations made under section 12 of this Act apply to any premises, any provision of a local Act which apart from this subsection would apply in the case of those premises shall not apply in their case in so far as it relates to any matter about which provision is made in the regulations. 3 While this subsection applies to any premises, none of the following provisions shall apply to the premises, that is to say — a subsections (2) to (4) of section 59 of the Public Health Act 1936; b section 60 of that Act; c section 35 (means of escape in buildings in inner London) of the London Building Acts (Amendment) Act 1939; and d any provision of a local Act which is for the time being designated for the purposes of this paragraph under subsection (5) below. 4 Subsection (3) above applies to — a any premises in respect of which a fire certificate is for the time being in force ; b any premises to which a notice for the time being in force under section 3 of this Act relates ; and c any premises to which any regulations made under section 12 of this Act apply. 5 Where it appears to the Secretary of State, as regards any provision contained in a local Act, that it is unnecessary or would be impracticable for that provision to apply to premises while they are premises to which subsection (3) above applies, he may by order designate that provision for the purposes of subsection (3)(d) above. 6 An order under subsection (5) above may be varied or revoked by a subsequent order thereunder. 7 The power to make orders under subsection (5) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 8 This section does not extend to Scotland. Suspension of terms and conditions of licences dealing with same matters as fire certificates or regulations 31 1 Where any enactment provides for the licensing of premises of any class or description and the authority responsible for issuing licences thereunder is required or authorised to impose terms, conditions or restrictions in connection with the issue of such licences, then, in the case of any premises of that class or description — a so long as there is in force with respect to the premises a fire certificate covering the use of the premises by reason of which a licence under that enactment is required, any term, condition or restriction imposed in connection with the issue under that enactment of any licence with respect to those premises shall be of no effect in so far as it relates to any matter in relation to which requirements are or could be imposed by that certificate; and b without prejudice to paragraph (a) above, so long as there are in force under section 12 of this Act any regulations applying to the premises in respect of that use, any term, condition or restriction imposed as aforesaid shall be of no effect in so far as it relates to any matter about which provision is made in the regulations. 2 References in this section to the issue of licences include references to their renewal, transfer or variation. Provision for securing exercise of local Act powers in conformity with this Act 32 A person required by or under a local Act to do any thing in relation to any premises shall not be treated as having acted in contravention of that Act by reason of his failure to do that thing in so far as the failure is attributable to the fact that remedying it would involve a contravention of this Act or of regulations made under section 12 thereof. Amendment of Offices, Shops and Railway Premises Act 1963 33 1 Section 29 of the Offices, Shops and Railway Premises Act 1963 (which provides for the issue of fire certificates under that section and which, with section 30 of that Act, enables the appropriate authority in that connection to stipulate for the making of specified alterations to premises) shall be amended as follows: — a after subsection (9) there shall be inserted as subsection (9A) — 9A In the case of premises consisting of or comprised in a building to which building regulations (within the meaning of section 4 of the Public Health Act 1961) imposing requirements as to means of escape in case of fire apply, the appropriate authority shall not for the purposes of this or the next following section specify any structural alterations in respect of those premises beyond such as may be necessary to bring the premises into compliance with the regulations in respect of those requirements. ; b for subsection (10), there shall be substituted the following — 10 In the case of premises consisting of or comprised in a building to which building standards regulations (within the meaning of the Building (Scotland) Act 1959) imposing requirements as to means of escape in case of fire apply, the appropriate authority shall not for the purposes of this or the next following section specify any structural alterations in respect of those premises to a standard higher than that of the said regulations. ; c after subsection (11) there shall be added as subsection (12) — 12 References in subsection (9A) above to building regulations shall, in any particular case in relation to which there is in force a direction under section 6 of the Public Health Act 1961 dispensing with or relaxing any requirement in such regulations, be construed as references to building regulations as they apply in that case. 2 In subsection (3) of section 83 of the Offices, Shops and Railway Premises Act 1963 (application to Crown), after the words " sections 29(2) to (8)" there shall be inserted the word " (9A) ". Modification of Rent Act 1968 and corresponding Scottish Acts 34 The provisions of Part I of the Schedule to this Act shall have effect for purposes of the modification, in connection with certain provisions of this Act, of the Rent Act 1968 ; the provisions of Part II of that Schedule shall have effect until the Rent (Scotland) Act 1971 comes into force for purposes of the modification, in connection with those provisions, of the enactments applicable to Scotland which correspond to the Rent Act 1968 ; and the provisions of Part III of that Schedule shall have effect after the Rent (Scotland) Act 1971 comes into force for purposes of the modification, in connection with certain provisions of this Act, of the said Act of 1971. Miscellaneous and general Power to apply Act to vessels and movable structures 35 The Secretary of State may by regulations apply any of the provisions of this Act, subject to such modifications as may be prescribed, to — a vessels remaining moored or on dry land for such periods or in such circumstances as may be prescribed; and b tents and other movable structures of any prescribed description. Power of local authorities to make loans to meet expenditure on certain alterations to buildings occasioned by this Act 36 1 Where there is in force a notice under section 3 of this Act relating to any premises, any person proposing to incur expenditure in making to any part of the relevant building any structural or other alterations the making of which is requisite as being a step mentioned in a notice served in connection with those premises under section 5(4), 8(5) or 12(8)(b) of this Act, may apply for a loan to the local authority in whose area the premises are situated. 2 Subject to this section, if the local authority consider that the applicant — a can reasonably be expected to meet obligations assumed by him in pursuance of this section in respect of a loan of the amount of the expenditure to which the application relates; or b cannot reasonably be expected to meet obligations so assumed by him in respect of a loan of that amount, but can reasonably be expected to meet obligations so assumed by him in respect of a loan of a smaller amount, the local authority may, if they think fit, offer to enter into a contract with the applicant for a loan by the local authority to the applicant of the appropriate amount, to be secured to the local authority by a mortgage of the applicant's interest in the relevant building or the part of it to which the application relates. In this subsection " the appropriate amount ", in a case falling within paragraph (a) above, means the amount of the expenditure to which the application relates, and in a case falling within paragraph (b) above means the smaller amount there referred to. 3 The local authority shall not make an offer under the foregoing provisions of this section unless they are satisfied — a that the applicant's interest in the relevant building or the part of it to which the application relates amounts to an estate in fee simple absolute in possession or an estate for a term of years absolute which will not expire before the date for final repayment of the loan; and b that, according to a valuation made on behalf of the local authority, the amount of the principal of the loan does not exceed the value which it is estimated the mortgaged security will bear when the proposed alterations have been carried out. 4 Subject to subsection (5) of this section, every loan under this section shall bear interest at the rate which, on the date of the contract to make the loan, is the rate for the time being determined by the Treasury in accordance with section 5 of the National Loans Act 1968 in respect of local loans made on the security of local rates on that date and for the same period as that loan. In this subsection " local loans " and " made on the security of local rates " have the same meanings as in section 6(2) of the National Loans Act 1968. 5 Where, on the date of a contract for a loan under this section, there are two or more rates of interest for the time being determined by the Treasury as mentioned in subsection (4) above, the reference in that subsection to the rate so determined shall be read as a reference to such one of those rates as may be specified in a direction given by the Treasury for the purposes of this section. 6 The Treasury shall cause any direction given under subsection (5) above to be published in the London and Edinburgh Gazettes as soon as may be after giving it. 7 Subject to the foregoing provisions of this section, the contract offered by the local authority under this section shall require proof of title and shall contain such other reasonable terms as the local authority may specify in their offer. 8 The local authority's offer may in particular include any such terms as are described in section 43(3)(c) of the Housing (Financial Provisions) Act 1958 (repayment of principal and interest), and provision for the advance being made by instalments from time to time as the alterations progress. 9 In its application to Scotland this section shall have effect subject to the following modifications — a in subsection (2), for the words " mortgage of " there shall be substituted the words " heritable security over ", and at the end there shall be inserted the words " and ' heritable security ' means any security capable of being constituted over any interest in land by disposition or assignation of that interest in security of any debt and of being recorded in the Register of Sasines "; b in subsection (3)(a), for the words from " an estate in fee simple " to " years absolute " there shall be substituted the words " ownership or a lease "; c in subsection (3)(b), for the words " mortgaged security " there shall be substituted the words " security subjects "; d in subsection (8), for the words " 43(3)(c) of the Housing (Financial Provisions) Act 1958 " there shall be substituted the words " 49(3)(c) of the Housing (Financial Provisions) (Scotland) Act 1968 ". General provisions as to regulations 37 1 Any power of the Secretary of State to make regulations under this Act shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 2 Any power conferred by this Act to make regulations includes power to make different provision in relation to different circumstances. 3 Regulations made under this Act may grant or provide for the granting of exemptions from any of the provisions of the regulations, either unconditionally or subject to conditions. Service of documents 38 1 Any notice or other document required or authorised by or by virtue of this Act to be served on any person may be served on him either by delivering it to him or by leaving it at his proper address or by sending it by post. 2 Any notice or other document so required or authorised to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm. 3 For the purposes of this section, and of section 26 of the Interpretation Act 1889 in its application to this section, the proper address of any person, in the case of the secretary or clerk of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm, shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served. 4 If the name or the address of any owner or occupier of premises on whom any such notice or other document as aforesaid is to be served cannot after reasonable inquiry be ascertained by the person seeking to serve it, the document may be served by addressing it to the person on whom it is to be served by the description of " owner " or " occupier " of the premises (describing them) to which the notice relates, and by delivering it to some responsible person resident or appearing to be resident on the premises, or, if there is no such person to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises. Expenses 39 There shall be paid out of moneys provided by Parliament any expenditure incurred by the Secretary of State under or by virtue of this Act and any increase attributable to any provision of this Act in the sums payable under any other enactment out of moneys so provided. Application to Crown, etc. 40 1 Subject to the provisions of this section — a the following provisions of this Act, namely sections 1, 2, 3 (except subsection (5)), 4, 6 and 12(1) to (3) and (4) (a) and (b), shall apply to premises occupied by the Crown; and b the following provisions of this Act, namely sections 1, 2, 3 (except subsection (5)), 4 to 8, 10, 12, 19 to 21 and 32, shall apply to premises owned by the Crown but not occupied by it. 2 No fire certificate shall by virtue of subsection (1) above be required in respect of premises of any of the following descriptions, that is to say — a any premises constituting, or forming part of, a prison within the meaning of the Prison Act 1952 or constituting, or forming part of, a remand centre, detention centre or Borstal institution provided by the Secretary of State under section 43 of that Act; b any premises constituting, or forming part of, a prison within the meaning of the Prisons (Scotland) Act 1952 or constituting, or forming part of, a remand centre, detention centre. Borstal institution or young offenders institution provided by the Secretary of State under section 31 of that Act; c any premises constituting, or forming part of, a special hospital within the meaning of the Mental Health Act 1959 or a State hospital within the meaning of the Mental Health (Scotland) Act 1960 ; d any premises occupied solely for purposes of the armed forces of the Crown. 3 Any provision of this Act which, by virtue of subsection (1) above, applies to premises occupied or owned by the Crown shall, in its application to any such premises, have effect with the substitution, for any reference to the fire authority, of a reference to a fire inspector or any person authorised by the Secretary of State to act for the purposes of this section. 4 As regards any premises falling within subsection (1)(a) above, any power exercisable by virtue of subsection (3) above by a fire inspector shall be exercisable also by an officer of the fire brigade maintained by the fire authority if and so far as he is authorised in writing by such an inspector to exercise that power ; but a fire inspector shall not authorise an officer of a fire brigade under this subsection except with the consent of the fire authority who maintain that brigade. 5 If a person with intent to deceive pretends to be a person by whom any powers exercisable by a fire inspector by virtue of subsection (3) above are exercisable by virtue of subsection (4) above, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100. 6 In relation to any premises falling within subsection (1)(b) above section 20(1) of this Act shall have effect as if for the reference to an officer of the fire brigade maintained by the fire authority there were substituted a reference to any person. 7 Section 341 of the Public Health Act 1936 (power to apply provisions of that Act to Crown property) shall have effect as if sections 11 and 15 of this Act were contained in that Act. 8 To such extent, if any, as they so provide, regulations under section 35 of this Act shall bind the Crown. 9 Nothing in this Act shall be taken to authorise the entry of premises occupied by the Crown. 10 This Act shall apply to premises in Scotland occupied by a Regional Hospital Board or the Board of Management of a hospital or group of hospitals as if they were premises occupied by the Crown. 11 Any premises used for the purposes of a visiting force or of a headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 shall be exempt from the operation of this Act to the extent to which the premises would be exempt therefrom if the premises were occupied by the Crown solely for purposes of the armed forces of the Crown. In this subsection " visiting force " means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952. Application to premises occupied by U.K. Atomic Energy Authority 41 Sections 17, 18, 30, 31 and 36 of this Act shall not apply to any premises occupied by the United Kingdom Atomic Energy Authority, and in the application of other provisions of this Act to any such premises — a for any reference to the fire authority there shall be substituted a reference to a fire inspector or any person authorised by the Secretary of State to act for the purposes of this section ; and b for the reference in section 20(1) to an officer of the fire brigade maintained by the fire authority there shall be substituted a reference to any person. Powers of Parliament of Northern Ireland 42 Notwithstanding anything in the Government of Ireland Act 1920 the Parliament of Northern Ireland shall have power to make laws for purposes similar to the purposes of any of the following provisions of this Act, that is to say section 40 and so much of section 35 as relates to vessels. Interpretation 43 1 In this Act — " building " includes a temporary or movable building and also includes any permanent structure and any temporary structure other than a movable one; " building regulations " means regulations under section 4 of the Public Health Act 1961; " contravention " includes failure to comply, and " contravene " has a corresponding meaning ; " the court ", except in section 28 of this Act and the Schedule thereto, means, in relation to premises in England or Wales, a magistrates' court acting for the petty sessions area in which they are situated and, in relation to premises in Scotland, the sheriff within whose jurisdiction they are situated ; " designated use " has the meaning assigned by section 1(1) of this Act; " fire authority ", in relation to any premises or proposed premises, means the authority discharging in the area in which the premises are or are to be situated the functions of fire authority under the Fire Services Act 1947; " fire certificate " has the meaning assigned by section 1(1) of this Act; " fire inspector " means an inspector or assistant inspector appointed under section 24 of the Fire Services Act 1947; " furniture " includes furnishings (including wall-coverings and ceiling-coverings of all sorts, as well as floor-coverings) ; " local authority " means — as respects England and Wales, the council of a county borough, London borough or county district, the Common Council of the City of London or the Council of the Isles of Scilly ; as respects Scotland, the council of a county or the town council of a burgh; " notice " means a notice in writing; " the notified person " and " the specified position " have the meanings assigned by section 3(8) of this Act; " owner " — as respects England and Wales, means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises were let at a rackrent; and as respects Scotland, means the person for the time being entitled to receive or who would, if the same were let, be entitled to receive, the rents of the premises in connection with which the word is used and includes a trustee, factor, tutor or curator, and in the case of public or municipal property, applies to the persons to whom the management thereof is entrusted; " premises " means building or part of a building; " prescribed " means prescribed by regulations made under this Act by the Secretary of State ; " the relevant building ", in relation to — any premises in relation to which a notice under section 3 of this Act is in force; or any premises which are the subject of an application for a fire certificate ; or any premises with respect to which a fire certificate is in force, means the building constituting or comprising the premises in question. 2 Except in so far as this Act otherwise expressly provides, the provisions of this Act shall not be construed as affecting any requirement or restriction imposed by or under any other enactment, whether contained in a public general Act or in a local or private Act. 3 Except in so far as the context otherwise requires, any reference in this Act to any enactment is a reference to it as amended, and includes a reference to it as applied, by or under any other enactment, including this Act. Short title, extent and commencement 44 1 This Act may be cited as the Fire Precautions Act 1971. 2 This Act, except section 42, does not extend to Northern Ireland. 3 This Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different dates may be appointed under this subsection for different purposes. SCHEDULE Modification of Rent Act 1968 and Corresponding Scottish Acts Section 34. PART I Modifications of Rent Act 1968 Steps mentioned in certain notices under this Act to count as improvements for certain purposes of Rent Act 1968 1 1 The following provisions of this paragraph apply where a dwelling which is the subject of a regulated or controlled tenancy consists of or is comprised in premises with respect to which there has been issued a fire certificate covering (in whatever terms) the use of the dwelling as a dwelling. 2 Subject to the following provisions of this paragraph, the amount of any expenditure incurred by the landlord or a superior landlord in taking in relation to the relevant building a step mentioned in a notice served in connection with the premises under section 5(4), 8(4) or (5) or 12(8)(b) of this Act shall for the purposes of the Rent Act 1968 be treated (whether or not apart from this paragraph it would be so treated) as expenditure incurred by the landlord or superior landlord on an improvement effected in the dwelling. 3 If from the taking in relation to the relevant building of any such step as is referred to in sub-paragraph (2) above there accrues benefit not only to the dwelling but also to other premises of the landlord or superior landlord comprised in the relevant building, the amount to be treated as mentioned in that sub-paragraph shall be so much only of the expenditure as may be determined, by agreement in writing between the landlord and the tenant or by the county court, to be properly apportionable to the dwelling, having regard to the benefit accruing, from the taking of the step, to the dwelling and to the other premises. 4 Any apportionment made by the county court under sub-paragraph (3) above shall be final and conclusive. 5 For the purposes of this paragraph the amount of any expenditure shall be treated as diminished by the amount of any grant paid in respect of that expenditure under any enactment. 6 Any such step as is referred to in sub-paragraph (2) above shall for the purposes of the following provisions, namely — a sections 25(3) and 59 of the Rent Act 1968 (right of tenant in certain cases to challenge amount of expenditure on improvements); and b section 53 of the Housing Act 1969 (by virtue of which the provisions of sections 21(5) and 25(1) of the Rent Act 1968. as to the effect of improvements on the limit of rent before registration do not apply to improvements with respect to which a grant under Part I of the Housing Act 1969. is payable or has been paid), be treated (whether or not apart from this paragraph it would be so treated) as an improvement; but no application shall be made under section 25(3) or 59 of the Rent Act 1968 on the ground that an improvement consisting of such a step was unnecessary. 7 The power of the Lord Chancellor under section 106 of the Rent Act 1968 to make rules and give directions for the purpose of giving effect to certain provisions of that Act shall extend to the provisions of this paragraph. 8 Expressions used in this paragraph and in the Rent Act 1968 have the same meaning in this paragraph as in that Act. 2 1 In relation to a dwelling-house consisting of or comprised in premises — a with respect to which there has been issued a fire certificate covering (in whatever terms) the use of the dwelling-house as a dwelling ; or b which are the subject of an application for a fire certificate specifying as a use of the premises which it is desired to have covered by the certificate a use such that, if a certificate covering that use were issued, it would cover (in whatever terms) the use of the dwelling-house as a dwelling, section 45 of, and Schedule 7 to, the Rent Act 1968 (which relate to certificates of fair rent) shall have effect as if in subsection (1)(a) of that section the reference to making improvements in the dwelling-house included a reference to taking in relation to the relevant building any steps mentioned in a notice served, in connection with the premises under section 5(4), 8(4) or (5) or 12(8)(b) of this Act; and any step mentioned in such a notice shall for the purposes of the said section 45 and Schedule 7, in their application to such a dwelling-house, be treated (whether or not apart from this paragraph it would be so treated) as an improvement. 2 In this paragraph " dwelling-house " has the same meaning as in the Rent Act 1968. Modification of Rent Act 1968 in cases where rent is increased by virtue of section 28(3)(b) of this Act 3 1 Where, in the case of any premises consisting of a dwelling-house let on a protected tenancy which is a regulated tenancy, the rent payable in respect of the premises is increased by an order of a court made by virtue of section 28(3)(b) of this Act and that increase takes effect while a rent for the dwelling-house is registered under Part IV of the Rent Act 1968, being a rent that was so registered before the completion of the alterations or other things falling within section 28(3) of this Act of which the expense was taken into account by the court in making the order, then — a the contractual rent limit for any contractual period beginning while the registration of that rent continues to have effect shall be what it would be for that period under section 20(2) of that Act if the rent so registered had been simultaneously increased by the same amount (and the reference in section 47(3)(a) of that Act to the limit imposed by section 20(2) shall be construed accordingly); and b if the regulated tenancy of the dwelling-house becomes a statutory tenancy, section 22(2) of that Act (limit of rent during statutory periods of regulated tenancy, and provision for increase up to that limit) shall have effect, in relation to any statutory period of that tenancy beginning while the registration of that rent continues to have effect, as if the rent so registered had been simultaneously increased by the same amount. 2 Where, in the case of any premises consisting of a dwelling-house let on a protected tenancy which is a regulated tenancy, the rent payable in respect of the premises is increased by an order of a court made by virtue of section 28(3)(b) of this Act and that increase takes effect while no rent for the dwelling-house is registered under Part IV of the Rent Act 1968, then for any contractual period for which the contractual rent limit is that specified in section 20(3) of that Act, the contractual rent limit shall be increased by an amount equal to the increase effected by the order in the rent payable for that period. 3 Where, in the case of any premises consisting of a dwelling-house let on a protected tenancy which is a regulated tenancy, the rent payable in respect of the premises is increased by an order of a court made by virtue of section 28(3)(b) of this Act, the contractual rent limit shall not be increased under section 21(5) of the Rent Act 1968 by reference to any expenditure taken into account by the court in making the order. 4 Part III of the Rent Act 1968 (rents under regulated tenancies) shall be amended by the insertion of the words "and paragraph 3 of Part I of the Schedule to the Fire Precautions Act 1971 — a in section 20 (limit of rent during contractual periods), after the words " section 47(3) of this Act" in subsection (2), and after the word " below " in subsection (3); and b in section 22 (limit of rent during statutory periods), after the words " section 47(3) of this Act" in subsection (2). 5 Expressions used in this paragraph and in Part III of the Rent Act 1968 have the same meaning in this paragraph as in that Part. 4 1 Where, in the case of any premises consisting of a dwelling let on a protected tenancy which is a controlled tenancy, the rent payable in respect of the premises is increased by an order of a court made by virtue of section 28(3)(b) of this Act then — a the rent limit under any controlled tenancy of the dwelling for any rental period beginning with or after the date on which that increase takes effect shall be increased by an amount per annum equal to the amount per annum of the increase effected by the order in the rent payable in respect of the dwelling ; and b the increase effected by the order in the rent payable in respect of the dwelling for any rental period shall, notwithstanding anything in section 53 of the Rent Act 1968 (procedure for increasing rents under controlled tenancies) be recoverable without the service of any notice of increase. 2 Where, in the case of any premises consisting of a dwelling let on a protected tenancy which is a controlled tenancy, the rent payable in respect of the premises is increased by an order of a court made by virtue of section 28(3)(b) of this Act, the rent limit shall not be increased under section 56 of the Rent Act 1968 by reference to any expenditure taken into account by the court in making the order. 3 In section 52(3) of the Rent Act 1968 (which mentions the provisions of that Act under which the rent limit is subject to adjustment), after the word "below" there shall be inserted the words " and paragraph 4(1) of Part I of the Schedule to the Fire Precautions Act 1971 ". 4 Expressions used in this paragraph and in Part V of the Rent Act 1968 (rents under controlled tenancies) have the same meaning in this paragraph as in that Part. PART II Modifications of Acts Applicable to Scotland which Correspond to the Rent Act 1968 until the Rent (Scotland) Act 1971 comes into force Steps mentioned in certain notices under this Act to count as improvements for certain purposes of Acts applicable to Scotland which correspond to the Rent Act 1968 until the Rent (Scotland) Act 1971 comes into force 1 1 The following provisions of this paragraph apply where a dwelling-house which is let on or subject to a regulated or an existing controlled tenancy consists of or is comprised in premises with respect to which there has been issued a fire certificate covering (in whatever terms) the use of the dwelling-house as a dwelling. 2 Subject to the following provisions of this paragraph, the amount of any expenditure incurred by the landlord in taking in relation to the relevant building a step mentioned in a notice served in connection with the premises under section 5(4), 8(4) or (5) or 12(8)(b) of this Act shall be treated (whether or not apart from this paragraph it would be so treated) — a in the case of a dwelling-house let on or subject to an existing controlled tenancy, as expenditure on the improvement or structural alteration of the dwelling-house for the purposes of section 2(1)(a) of the Act of 1920, and b in the case of a dwelling-house let on or subject to a regulated tenancy, as an amount expended on an improvement effected in the dwelling-house for the purposes respectively of sections 4(5) and 6(6) of the Rent Act 1965. 3 If from the taking in relation to the relevant building of any such step as is referred to in sub-paragraph (2) above there accrues benefit not only to the dwelling-house but also to other premises of the landlord comprised in the relevant building, the amount to be treated as mentioned in that sub-paragraph shall be so much only of the expenditure as may be determined, by agreement in writing between the landlord and the tenant or by the sheriff, to be properly apportionable to the dwelling-house, having regard to the benefit accruing, from the taking of the step, to the dwelling-house and to the other premises. 4 Any apportionment made by the sheriff under sub-paragraph (3) above shall be final and conclusive. 5 For the purposes of this paragraph the amount of any expenditure shall be treated as diminished by the amount of any grant paid in respect of that expenditure under any enactment. 6 Any such step as is referred to in sub-paragraph (2) above shall for the purposes of the following provisions, namely — a section 6(7) of the Rent Act 1965 (right of tenant of regulated tenancy to challenge amount of expenditure on improvements on ground that expenditure was unnecessary or unreasonable); b section 54 of the Housing (Scotland) Act 1969 (by virtue of which the provisions of sections 4(5) and 6(6) of the Rent Act 1965 as to the effect of improvements on the limit of rent before registration do not apply to improvements with respect to which a grant under Part II of the Housing (Financial Provisions) (Scotland) Act 1968 is payable), be treated (whether or not apart from this paragraph it would be so treated) as an improvement; but no application shall be made under section 6(7) of the Rent Act 1965 on the ground that an improvement consisting of such a step was unnecessary. 7 No step such as is referred to in sub-paragraph (2) above shall be treated as an improvement or structural alteration for the purposes of the proviso to section 2(1)(a) of the Act of 1920 (right of tenant of existing controlled tenancy to challenge amount of expenditure on ground that expenditure was unnecessary). 8 The power of the Court of Session under section 17(1) as read with section 18 of the Act of 1920 to make an act of sederunt and give directions for the purpose of giving effect to the provisions of that Act shall extend to the provisions of this paragraph. 2 In relation to a dwelling-house consisting of or comprised in premises — a with respect to which there has been issued a fire certificate covering (in whatever terms) the use of the dwelling-house as a dwelling ; or b which are the subject of an application for a fire certificate specifying as a use of the premises which it is desired to have covered by the certificate a use such that, if a certificate covering that use were issued, it would cover (in whatever terms) the use of the dwelling-house as a dwelling, Schedule 4 to the Rent Act 1965 (which relates to certificates of fair rent) shall have effect as if in paragraph 1(a) of that Schedule the reference to making improvements in the dwelling-house included a reference to taking in relation to the relevant building any steps mentioned in a notice served in connection with the premises under section 5(4), 8(4) or (5) or 12(8)(b) of this Act; and any step mentioned in such a notice shall, for the purposes of the said Schedule 4, in its application to such a dwelling-house, be treated (whether or not apart from this paragraph it would be so treated) as an improvement. Modification of Acts applicable to Scotland which correspond to the Rent Act 1968 until the Rent (Scotland) Act 1971 comes into force in cases where rent is increased by virtue of section 28(3)(b) of this Act 3 1 Where, in the case of any premises consisting of a dwelling-house let on a regulated tenancy, the rent payable in respect of the premises is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act and that increase takes effect while a rent for the dwelling-house is registered under Part II of the Rent Act 1965, being a rent that was so registered before the completion of the alterations or other things falling within section 28(3) of this Act of which the expense was taken into account by the sheriff in making the order, then — a the contractual rent limit for any contractual period beginning while the registration of that rent continues to have effect shall be what it would be for that period under section 3(2) of that Act if the rent so registered had been simultaneously increased by the same amount (and the reference in section 28(2) of that Act to the limit imposed by section 3(2) shall be construed accordingly); and b if the regulated tenancy of the dwelling-house becomes a statutory tenancy, section 7 of that Act (limit of rent during statutory periods of regulated tenancy, and provision for increase up to that limit) shall have effect, in relation to any statutory period of that tenancy beginning while the registration of that rent continues to have effect, as if the rent so registered had been simultaneously increased by the same amount. 2 Where, in the case of any premises consisting of a dwelling-house let on a regulated tenancy, the rent payable in respect of the premises is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act and that increase takes effect while no rent for the dwelling-house is registered under Part II of the Rent Act 1965, then for any contractual period for which the contractual rent limit is that specified in section 3(3) of that Act, the contractual rent limit shall be increased by an amount equal to the increase effected by the order in the rent payable for that period. 3 Where, in the case of any premises consisting of a dwelling-house let on a regulated tenancy, the rent payable in respect of the premises is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act, the contractual rent limit shall not be increased under section 4(5) of the Rent Act 1965 by reference to any expenditure taken into account by the sheriff in making the order. 4 The Rent Act 1965 shall be amended as follows — a in section 3 (limit on contractual rent) i at the beginning of subsection (2) there shall be inserted the words "Subject to paragraph 3 of Part II of the Schedule to the Fire Precautions Act 1971 ii in subsection (3) after the words " section 4 of this Act " there shall be inserted the words " and paragraph 3 of Part II of the Schedule to the Fire Precautions Act 1971 "; b at the beginning of section 7 (effect of registration of rent recoverable for statutory purposes) there shall be inserted the words " Subject to paragraph 3 of Part II of the Schedule to the Fire Precautions Act 1971 ". 5 In this paragraph, "contractual rent limit" means the limit of rent specified in subsection (2) or, as the case may be, subsection (3) of section 3 of the Rent Act 1965 which is payable for any contractual period of a regulated tenancy of a dwelling-house. 4 1 Where, in the case of any premises consisting of a dwelling-house let on an existing controlled tenancy, the rent payable in respect of the premises is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act then — a the rent limit under any existing controlled tenancy of the dwelling-house for any rental period beginning with or after the date on which that increase takes effect shall be increased by an amount per annum equal to the amount per annum of the increase effected by the order in the rent payable in respect of the dwelling-house ; and b the increase effected by the order in the rent payable in respect of the dwelling-house for any rental period shall, notwithstanding anything in section 3(2) of the Act of 1920 (procedure for increasing rents under existing controlled tenancies), be recoverable without the service of any notice of increase. 2 Where, in the case of any premises consisting of a dwelling-house let on an existing controlled tenancy, the rent payable in respect of the premises is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act, the rent limit shall not be increased under section 2(1)(a) of the Act of 1920 by reference to any expenditure taken into account by the sheriff in making the order. Interpretation of Part II 5 Expressions used in this Part of this Schedule and in the Rent Act 1965 have the same meaning in this Part as in that Act. PART III Modifications of Rent (Scotland) Act 1971 Steps mentioned in certain notices under this Act to count as improvements for certain purposes of Rent (Scotland) Act 1971 1 1 The following provisions of this paragraph apply where a dwelling-house which is let on or subject to a regulated or a controlled tenancy consists of or is comprised in premises with respect to which there has been issued a fire certificate covering (in whatever terms) the use of the dwelling-house as a dwelling. 2 Subject to the following provisions of this paragraph, the amount of any expenditure incurred by the landlord in taking in relation to the relevant building a step mentioned in a notice served in connection with the premises under section 5(4), 8(4) or (5) or 12(8)(b) of this Act shall be treated (whether or not apart from this paragraph it would be so treated) — a in the case of a dwelling-house let on or subject to a controlled tenancy, as expenditure on the improvement or structural alteration of the dwelling-house for the purposes of paragraph 1(3)(a) of Schedule 8 to the Act of 1971, and b in the case of a dwelling-house let on or subject to a regulated tenancy, as an amount expended on an improvement effected in the dwelling-house for the purposes respectively of sections 20(5) and 24(1) of the Act of 1971. 3 If from the taking in relation to the relevant building of any such step as is referred to in sub-paragraph (2) above there accrues benefit not only to the dwelling-house but also to other premises of the landlord comprised in the relevant building, the amount to be treated ais mentioned in that sub-paragraph shall be so much only of the expenditure as may be determined, by agreement in writing between the landlord and the tenant or by the sheriff, to be properly apportionable to the dwelling-house, having regard to the benefit accruing, from the taking of the step to the dwelling-house and to the other premises. 4 Any apportionment made by the sheriff under sub-paragraph (3) above shall be final and conclusive. 5 For the purposes of this paragraph the amount of any expenditure shall be treated as diminished by the amount of any grant paid in respect of that expenditure under any enactment. 6 Any such step as is referred to in sub-paragraph (2) above shall, for the purposes of section 24(3) of the Act of 1971 (right of tenant of regulated tenancy in certain circumstances to challenge amount of expenditure on improvements), be treated (whether or not apart from this paragraph it would be so treated) as an improvement; but no application shall foe made under the said section 24(3) on the ground that an improvement consisting of such a step was unnecessary. 7 No application shall be made under the proviso to paragraph 1(3)(a) of Schedule 8 to the Act of 1971 on the ground that the expenditure on such a step as is referred to in sub-paragraph (2) above was unnecessary. 8 The power of the Court of Session under section 124 of the Act of 1971 to make an act of sederunt and give directions for the purpose of giving effect to the provisions of that Act shall extend to the provisions of this paragraph. 9 Expressions used in this paragraph and in the Act of 1971 have the same meaning in this paragraph as in that Act. 2 In relation to a dwelling-house consisting of or comprised in premises — a with respect to which there has been issued a fire certificate covering (in whatever terms) the use of the dwelling-house as a dwelling; or b which are the subject of an application for a fire certificate specifying as a use of the premises which it is desired to have covered by the certificate a use such that, if a certificate covering that use were issued, it would cover (in whatever terms) the use of the dwelling-house as a dwelling, section 41 of, and Schedule 7 to, the Act of 1971 (which relate to certificates of fair rent) shall have effect as if in subsection (1)(a) of that section the reference to making improvements in the dwelling-house included a reference to taking in relation to the relevant building any steps mentioned in a notice served in connection with the premises under section 5(4), 8(4) or (5) or 12(8)(b) of this Act; and any step mentioned in such a notice shall, for the purposes of the said section 41 and Schedule 7, in their application to such a dwelling-house, be treated (whether or not apart from this paragraph it would be so treated) as an improvement. Modification of Rent (Scotland) Act 1971 in cases where rent is increased by virtue of section 28(3)(b) of this Act 3 1 Where, in the case of any premises consisting of a dwelling-house let on a regulated tenancy, the rent payable in respect of the premises is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act and that increase takes effect while a rent for the dwelling-house is registered under Part IV of the Act of 1971, being a rent that was so registered before the completion of the alterations or other things falling within section 28(3) of this Act of which the expense was taken into account by the sheriff in making the order, then — a the contractual rent limit for any contractual period beginning while the registration of that rent continues to have effect shall be what it would be for that period under section 19(2) of that Act if the rent so registered had been simultaneously increased by the same amount (and the reference in section 43(3)(a) of that Act to the limit imposed by section 19(2) shall be construed accordingly); and b if the regulated tenancy of the dwelling-house becomes a statutory tenancy, section 21(2) of that Act (limit of rent during statutory periods of regulated tenancy, and provision for increase up to that limit) shall have effect, in relation to any statutory period of that tenancy beginning while the registration of that rent continues to have effect, as if the rent so registered had been simultaneously increased by the same amount. 2 Where, in the case of any premises consisting of a dwelling-house let on a regulated tenancy, the rent payable in respect of the premises is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act and that increase takes effect while no rent for the dwelling-house is registered under Part IV of the Act of 1971, then for any contractual period for which the contractual rent limit is that specified in section 19(3) of that Act, the contractual rent limit shall be increased by an amount equal to the increase effected by the order in the rent payable for that period. 3 Where, in the case of any premises consisting of a dwelling-house let on a regulated tenancy, the rent payable in respect of the premises is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act, the contractual rent limit shall not be increased under section 20(5) of the Act of 1971 by reference to any expenditure taken into account by the sheriff in making the order. 4 Part III of the Act of 1971 (rents under regulated tenancies) shall be amended by the insertion of the words " and paragraph 3 of Part III of the Schedule to the Fire Precautions Act 1971 " — a in section 19 (limit of rent during contractual periods), after the words " section 43(3) of this Act" in subsection (2), land after the word " below " in subsection (3) ; b in section 21 (limit of rent during statutory periods), after the words " section 43(3) of this Act" in subsection (2). 5 Expressions used in this paragraph and in Part III of the Act of 1971 have the same meaning in this paragraph as in that Part. 4 1 Where, in the case of any premises consisting of a dwelling-house let on a controlled tenancy, the rent payable in respect of the premises is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act then — a the rent limit under any controlled tenancy of the dwelling-house for any rental period beginning with or after the date on which that increase takes effect shall be increased by an amount per annum equal to the amount per annum of the increase effected by the order in the rent payable in respect of the dwelling-house; and b the increase effected by the order in the rent payable in respect of the dwelling-house for any rental period shall, notwithstanding anything in section 58 of the Act of 1971 (notice of increase of rent), be recoverable without the service of any notice of increase. 2 Where, in the case of any premises consisting of a dwelling-house let on a controlled tenancy, the rent payable in respect of the premises is increased by an order of the sheriff made by virtue of section 28(3)(b) of this Act, the rent limit Shall not be increased under paragraph 1(3)(a) of Schedule 8 to the Act of 1971 by reference to any expenditure taken into account by the sheriff in making the order. 3 Expressions used in this paragraph and in Part V of the Act of 1971 (rents under controlled tenancies) have the same meaning in this paragraph as in that Part. Meaning of " the Act of 1971" 5 In this Part of this Schedule, " the Act of 1971 " means the Rent (Scotland) Act 1971.

The Pensions (Preservation of Increases) Order 1971 The Minister for the Civil Service by virtue of the powers conferred on him by section 6 of the Pensions (Increase) Act 1971 hereby makes the following Order: — Citation and commencement 1 1 This order may be cited as the Pensions (Preservation of Increases) Order 1971. 2 This order shall come into operation on 1st September 1971. Construction 2 1 The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament. 2 In this order — a “ the 1971 Act ” means the Pensions (Increase) Act 1971 , “ the 1944 Act ” means the Pensions (Increase) Act 1944 , and similarly with other expressions of the same kind; b “ average emoluments ” and “ final emoluments ” mean, in relation to a pension payable in respect of a person's service in an office or employment, the average rate of the relevant emoluments over a period of service in the office or employment and the rate of the relevant emoluments in the office or employment received immediately before the pension begins, respectively ; c “ averaging period ” , in relation to a pension computed by reference to average emoluments, means the period of service by reference to which the average emoluments fall to be determined ; d “ the supplement ” means the addition to the 1971 rate which is dealt with by Article 9 of this order (in accordance with section 6(5) of the 1971 Act) ; and (without prejudice to any further operation of section 31 of the Interpretation Act 1889) this order is to be construed in accordance with the definitions and other interpretative provisions repeated from the 1971 Act in Part I of Schedule 1 to this order. 3 Any reference in this order to a rate of pension or emoluments is a reference to the annual rate. 4 This order has effect subject to any provision made in the exercise of the powers conferred by section 5(3) of the 1971 Act. Interpretation and use of Tables 3 1 In the Tables annexed to this order the expression “up to”, where used with reference to a date, is to be read as including that date, but in a head or line preceded by one operating by reference to an earlier date as excluding the time up that earlier date, except in any case to which the preceding head or line does not apply; and similarly where the expression “up to” is used with reference to a rate of pension. 2 To find from the relevant Table the 1971 rate (with or without supplement) for any pension, the head or line to be used is that relevant to the date when the pension begins; and the basic rate or other rate on which the Table operates for that pension is to be multiplied by the figure given in the column headed by the multiplication sign, and to the result so obtained there is to be added any amount given in a column headed by the £ sign. 3 The Tables giving the 1971 rate include in a separate division figures indicating, in terms of the basic rate of a pension to which the Table applies, where the 1971 rate (with or without supplement) or the 1969 standard is the higher; but this division is not to be treated as having operative effect, and the indications given are not applicable in cases where the comparison is affected either — a by apportionment of any increase or of the supplement; or b by a reduction in the 1971 rate on account of a war increase in the pension; unless the apportionment or reduction affects only a 1944 element to be derived from another Table. Except in cases where the comparison is so affected, in this division of any Table — i a single figure indicates the basic rate up to which the 1971 rate, with or without supplement according to the column, would be used as being higher than the 1969 standard and above which the 1969 standard would be used; ii a pair of figures indicates, for cases where the 1971 rate depends on variable factors other than the basic rate, by the lower figure the basic rate up to which the 1971 rate would be used in all cases, and by the higher figure the basic rate at or above which it would not be used; iii the expression “nil” is accordingly used to indicate that the 1969 standard is always higher than the alternative, and the expression “not relevant” (or the abbreviation “n/r”) is used to indicate that the 1969 standard cannot be the higher; iv a dash is used to indicate that variable factors prevent the giving of an indication; v where in a pair of figures one figure is replaced by a dash, the figure given is to be treated as the higher or lower figure of a pair according to its position on the right or on the left. Application of order, and revocation of superseded provisions 4 1 This order applies to the pensions specified in Schedule 2 to the order, except that it does not apply either — a to any pension that qualified for an increase under the 1920 Act; or b to any lump sum or gratuity other than a gratuity specified in section 9(8) of the 1971 Act (which is repeated in Part II of Schedule 1 to this order). 2 Schedule 2 to this order notes for each description of pension the Act under or by reference to which increases dealt with by this order were first payable on pensions of that description, and references in this order to a pension being, or not being, within the 1944 Act or another Act of the series are to be construed as references to its being, or not being, noted in that Schedule as within the Act mentioned. 3 In relation to pensions that are not within the 1944 Act, this order is to have effect as if provisions applying only to pensions beginning on or before 1st April 1947, or relating to a 1944 element, were omitted. 4 This order does not apply to pensions other than those to which it is applied by paragraph (1) above, and in particular it does not apply to pensions which would not be noted in Schedule 2 as within the 1962 Act or an earlier Act (the 1969 standard for these pensions being in all cases higher than the 1971 rate and no supplement being payable). 5 There is hereby revoked any order specified in Schedule 3 to this order, or so much of it as is there included (the provisions there included being provisions which are superseded by there being treated as relevant increases for purposes of section 6 of the 1971 Act and this order any increases of pension authorised by those provisions by reference to the relevant increases.) Ascertainment of 1971 rate 5 1 Except as otherwise provided in this order, the 1971 rate of a pension (unless that rate is, in accordance with section 6(3) of the 1971 Act, to be taken to be the rate at which the pension is being paid on 31st August 1971) shall as ascertained in accordance with the following provisions of this Article from the Tables annexed to this order. 2 For earnings-related pensions based on final emoluments, the Tables to be used are as follows: — a for a pension beginning on or before 31st March 1952 — i if it is based on emoluments of less than £1,365, Table I is to be used; ii if it is based on emoluments of £1,365 or over, Table II is to be used, but in the case of a pension beginning after 31st December 1947 and based on emoluments less than £1,500 is to be applied as if the basic rate were that appropriate to a pension based on emoluments of £1,500; b for a pension beginning on or after 1st April 1952 (but not after 1st April 1961) Table IA and IIA is to be used. For a pension beginning after 1st April 1961 the 1969 standard is in all cases higher than the 1971 rate, and accordingly a 1971 rate is not given. 3 For earnings-related pensions based on average emoluments with an averaging period beginning on or before 1st January 1947, the Tables to be used are as given in sub-paragraphs ( a ) and ( b ) below, but in cases within paragraph ( c ) are to be applied as there mentioned: — a for a pension beginning on or before 31st March 1952 — i if it is based on average emoluments of less than £1,500, Table I is to be used, unless it begins after 1st January 1948 and sub-paragraph (iii) below applies; ii if it is based on average emoluments of £1,500 or over, Table III is to be used; iii if it is based on average emoluments less than £1,500 and begins after 1st January 1948, Table III is to be used, but to be applied as if the basic rate were that appropriate to a pension based on emoluments of £1,500, where the 1971 rate so obtained is less than under Table I (as will happen if the emoluments are over £1,365 multiplied by the figure represented in Table III by the symbol Q); b for a pension beginning on or after 1st April 1952, Table IIIA and IVA is to be used, but the basic rate is to be treated as increased, as mentioned in the notes to the Table, according to the proportion of the averaging period falling before the time there indicated; c in the case of pensions beginning on or after 1st April 1947, but with an averaging period beginning before 1st April 1946 — i if the pension begins on or before 31st March 1952, the rate given by Table I or III is to be increased by the addition of the adjusted 1944 element, if any, to be derived from Table V; ii if the pension begins on or after 1st April 1952, the multiplier in Table IIIA and IVA is to be applied to the basic rate further increased (after the increase referred to in paragraph ( b ) above) by the adjusted 1944 element, if any, to be derived from Table V. 4 For earnings-related pensions based on average emoluments with an averaging period beginning after 1st January 1947, the Tables to be used are as follows: — a for a pension beginning on or before 31st March 1952 — i if it is based on average emoluments of less than £1,365, Table I is to be used; ii if it is based on average emoluments of £1,365 or over, Table II is to be used, but in the case of a pension based on emoluments of less than £1,500 is to be applied as if the basic rate were that appropriate to a pension based on emoluments of £1,500; b for a pension beginning on or after 1st April 1952 — i if it is based on average emoluments of less than £1,500, with an averaging period beginning on or before 1st April 1951, Table IIIA and IVA is to be used, but the basic rate is to be treated as increased, as mentioned in the notes to the Table, according to the proportion of the averaging period falling before the time there indicated; ii otherwise Table IA and IIA is to be used, unless the pension begins after 1st April 1961. For a pension beginning after 1st April 1961 (and not based on average emoluments of less than £1,500 with an averaging period beginning on or before 1st April 1951) the 1969 standard is in all cases higher than the 1971 rate, and accordingly a 1971 rate is not given in Table IA and IIA. 5 For flat-rate pensions the Tables to be used are as follows: — a for a pension which is not within the 1944 Act, or which became payable only on or after 1st January 1966 — i if it begins on or before 31st March 1952, Table I is to be used; and ii if it begins on or after 1st April 1952 (but not after 1st April 1961) Table IA and IIA is to be used; b for a pension which is within the 1944 Act and became payable on or before 31st December 1965 — i if it begins on or before 31st March 1952, Table IV is to be used; ii if it begins on or after 1st April 1952, Table IIIA and IVA is to be used, but the multiplier is to be applied to the basic rate increased by the 1944 element or adjusted 1944 element to be derived from Table V. For a pension beginning after 1st April 1961 and not within paragraph ( b ) above, the 1969 standard is in all cases higher than the 1971 rate, and accordingly a 1971 rate is not given in Table IA and IIA. 6 In relation to any of the following, that is to say — a pensions payable under the Police Pensions Act 1921; b pensions payable under any Police Pension repealed by the Police Pensions Act 1948 of the Police and Firemen (War Service) Act 1939 in respect of service which is treated as approved service in a police force; and c pensions payable under the Police Pensions Act 1948 otherwise than in respect of overseas service within the meaning of the Police (Overseas Service) Act 1945; paragraphs (2), (3) and (4) above shall have effect as if references to 1st January 1947 were references to 2nd July 1948, and references to 31st December 1947 and to 1st January 1948 were references to 1st July 1949, and as if paragraphs (2)( a ) and (3)( a ) each required Table I to be used for any pension beginning on or before 1st July 1949. Effect on 1971 rate of war increases (Tables I, II and III) 6 1 Where a pension within the 1944 Act is based on final emoluments and begins on or before 1st April 1947, or is based on average emoluments and begins on or before 31st March 1947, and there has been a war increase in the basic rate of the pension, then the operation of Table I, II or III, if it applies in relation to the pension, shall be modified in accordance with the rules applicable to the case which are contained in the notes to Table V. 2 For the purpose of the provisions of this order relating to pensions within the 1944 Act, “ war increase ” means any increase which may have resulted from an addition after 3rd September 1939 to the emoluments on which the pension is based, being an addition which the pension authority are satisfied was an addition by way of war bonus or other similar allowance . Apportionments for 1971 rate in case of double pension (Tables I, II, III and IV ) 7 1 Where a pensioner is in receipt of a pension within the 1944 Act, and — a the pension — i is an earnings-related pension beginning on or before 1st April 1947 if it is based on final emoluments, or on or before 31st March 1947 if it is based on average emoluments; and ii is not one for which head 1 of Table I, II or III is excluded by the rules as to war increases contained in the notes to Table V; or b the pension is an earnings-related pension based on average emoluments which begins after 31st March 1947 but on or before 31st March 1952, with an averaging period beginning before 1st April 1946, and is not one for which the adjusted 1944 element obtained from note 3 to Table V would be nil; or c the pension is a flat-rate pension beginning on or before 31st March 1952 and became payable on or before 31st December 1965; then, if the pensioner is in receipt also of another pension which is aggregable under paragraph (4) below, Table I, II, III or IV is not to be used to find the 1971 rate of the pension, but that rate shall be arrived at by adding together the adjusted 1944 element, if any, to be derived from Table V, the adjusted 1952 element to be derived from Table VI and the adjusted basic rate. For this purpose the adjusted basic rate is 1.8887 times the basic rate or, if the basic rate is more than £1,000, is the sum of 1·7170 times the basic rate and £171·70, except for pensions within sub-paragraph ( b ) above which begin after 1st January 1948 and for which, but for this Article, Table III would be used to find the 1971 rate; and for those pensions the adjusted basic rate is the rate given by Table IIIA and IVA as the 1971 rate for a pension beginning on 1st April 1952 and not within the 1944 Act. 2 Where a pensioner is in receipt of a pension beginning on or before 31st March 1952, and either — a the pension is within the 1944 Act, but paragraph (1) above does not operate in relation to it; or b the pension is within the 1952 Act; then, if the pensioner is in receipt also of another aggregable pension, the 1971 rate given for the pension first referred to by Table I, II or III shall be reduced by the amount, if any, required by the rules contained in the notes to Table VI. 3 For purposes of this Article a person for whose benefit a pension is payable shall be deemed to be in receipt of the pension notwithstanding that it is payable to some other person; and — a where a man and his wife are in receipt, one of a substituted pension, and the other of the original pension, then in relation to the 1971 rate of either pension paragraph (1) or (2) above shall apply as if the one in receipt of the original pension were in receipt also of the substituted pension (instead of the one actually in receipt of it); and b where a pensioner is in receipt of a pension described in paragraph (1) or (2) above and payable in respect of the services of the pensioner's deceased husband or wife, and another person is in receipt of a pension so described payable in respect of those services but payable for his benefit to that pensioner, then in relation to the 1971 rate of any of the pensions paragraph (1) or (2) above shall apply as if the person in receipt of it were in receipt also of any other of them; and c where a pensioner is in receipt of a pension described in paragraph (1) above and payable in respect of the services of the pensioner's deceased husband, and a person under the age of 16 who is dependent on her is also in receipt of a pension so described payable in respect of those services (whether or not payable for his benefit to that pensioner), then in relation to the 1971 rate of any of the pensions paragraph (1) above shall apply as if the person in receipt of it were in receipt also of any other of them. 4 The following pensions are aggregable for purposes of this Article: — a any pension within the 1944 Act which either — i is an earnings-related pension based on final emoluments that begins on or before 1st April 1947; or ii is an earnings-related pension based on average emoluments, that either begins on or before 31st March 1947 or begins at any time before the year 1969 but with an averaging period beginning before 1st April 1946; or iii is a flat rate pension that either begins on or before 1st April 1947 or became payable on or before 31st December 1965; b subject to paragraph (6) below, any service pension of which the rate is increasable by an amount corresponding to the 1944 element; c any pension in the case of which an increase is payable under any scheme (wherever in force and whether or not authorised by or under any enactment) which was determined for the corresponding purpose of the 1944 Act and 1947 Act to be similar to the provisions of those Acts. 5 In relation to the 1952 element the following pensions are also aggregable for purposes of this Article: — a any pension within the 1952 Act that begins on or before 31st March 1952; b subject to paragraph (6) below, any service pension of which the rate is increasable by an amount corresponding to the 1952 element; c any pension in the case of which an increase is payable under any scheme (wherever in force and whether or not authorised by or under any enactment) which was determined for the corresponding purpose of the 1952 Act to be similar to the provisions of that Act. 6 In paragraphs (4) and (5) above “ service pension ” means a pension granted under any Order in Council, Royal Warrant or Order of Her Majesty in respect of service in Her Majesty's naval, military or air forces, whether that service has been rendered by the pensioner or by any other person; but there shall be disregarded — a the whole of any service pension granted solely on account of death or disablement which is attributable to service in those forces, or granted partly on account of death or disablement which is so attributable but without any specific part of the pension being referable to the death or disablement; and b so much as is specifically referable to the death or disablement of any other pension granted partly on account of death or disablement which is so attributable. For purposes of sub-paragraphs ( a ) and ( b ) above a person's death or disablement shall be treated as attributable to service in Her Majesty's naval, military or air forces, if it is wholly or partly due to any wound, injury or disease which has been caused or aggravated by service in those forces. 7 In the case of a pension aggregable by virtue of paragraph (4)( c ) or (5)( c ) above, account may be taken of it to such greater or less extent as was determined, by the determination there referred to, to have been appropriate for the corresponding purpose of the 1944 Act and 1947 Act or of the 1952 Act, as the case may be. Adaptations for 1971 rate for derivative pensions under Superannuation Acts 1965 and 1967 8 1 Where a pension payable under Part III or IV of the Superannuation Act 1965 enures for the benefit of more than one child or dependant, the pension shall be treated for the purpose of determining the 1971 rate (including any purpose of Article 7 of this order) as a number of separate pensions equal to the number of those children or dependants; and the amount of each pension shall be deemed for that purpose to be a sum ascertained — a where the whole of the pension is paid to the same person, by dividing the amount of the pension by the number of children or dependants; and b where different parts of the pension are paid to different persons, by dividing each part by the number of children or dependants for whose benefit that part is paid. 2 Where two or more pensions are payable either — a under Part III or IV of the Superannuation Act 1965 in respect of children or dependants of the same person; or b in accordance with a warrant issued or having effect as issued under section 18 of that Act is respect of children of the same person; and the pensions are paid to one person for the benefit of the pensioners but the case is not within Article 7(3)(b) of this order, that Article shall apply as if the same pensioner were in receipt of both or all those pensions. Amount of supplement 9 1 Where a pension begins on or before 1st April 1961, and any qualifying condition is satisfied other than one of the conditions specified in section 3(3)(b), (c) and (d) of the 1971 Act (which relate to pensioners in receipt of derivative pensions while of an age less than 16 or receiving education or training) the addition to be made to the 1971 rate in accordance with section 6(5) of that Act shall, subject to paragraph (2) below, be of the amount which — a is given by reference to the 1971 rate in Table VII annexed to this order; and b is incorporated by reference to the basic rate in Tables I, II, IA and IIA, IV and IIIA and IVA for the pensions (or some of the pensions) to which those Tables apply. 2 Where the supplement may be added to the 1971 rate of a pension, and the pensioner is in receipt also of another aggregable pension, then the amount of the supplement shall be reduced by the amount, if any, required by the rules contained in the notes to Table VII. 3 For purposes of paragraph (2) above, a person for whose benefit a pension is payable shall be deemed to be in receipt of the pension notwithstanding that it is payable to some other person; and, where a man and his wife are in receipt, one of a substituted pension, and the other of the original pension, then in relation to the supplement payable on either pension paragraph (2) above shall apply as if the one in receipt of the original pension were in receipt also of the substituted pension (instead of the one actually in receipt of it). 4 The following pensions are aggregable for purpose of paragraph (2) above: — a any pension in the case of which the supplement may be added to the 1971 rate; b subject to paragraph (5) below, any service pension of which the rate is increasable by an amount corresponding to the supplement; c any pension in the case of which an increase is payable under any scheme (wherever in forced and whether or not authorised by any enactment) which was determined for the corresponding purpose of the 1962 Act to be similar to the provisions of that Act. 5 Article 7(6) above shall apply for purposes of paragraph (4) of this Article as it applies for purposes of Article 7(4) and (5). 6 In the case of a pension aggregable by virtue of paragraph (4)( c ) above the provisions of this Article and of Table VII as to the reduction of the supplement where the pensioner is in receipt of more than one pension shall apply subject to the like modifications, if any, as were directed to have effect for the corresponding purpose of the Act of 1962. Continuation for certain earnings-related pensions of increase under 1944 Act and 1956 Act 10 1 In respect of any period beginning on or after 1st September 1971 the rate of an earnings-related pension based on average emoluments and beginning after the year 1968 may, if it falls within paragraph (2) or (3) below, be increased (in accordance with section 6(6) of the 1971 Act) by the amount indicated in that paragraph, and any increase under section 1 or 2 of the 1971 Act shall be calculated by reference to the rate of pension as so increased as if it were the basic rate. 2 A pension within the 1944 Act, if the averaging period began on or before 1st April 1946, may be increased by the addition of the adjusted 1944 element, if any, to be derived from Table V by applying paragraph (1)(a) and (b) and paragraph (2) (but not paragraph (1)(c)) of note 3 to that Table. 3 A pension within the 1956 Act or any earlier Act, if the averaging period began on or before the earlier relevant date, may be increased or further increased (after any increase authorised by paragraph (2) above) by the appropriate fraction of the basic rate or, if that is more than £1,000, by the appropriate fraction of £1,000, subject however to the restriction imposed by paragraph (5) below in the case of a pension based on average emoluments of less than £1,500. The appropriate fraction for this purpose is one-tenth of the fraction that results from dividing by the total number of half-years in the averaging period the number of them ending on or before the later relevant date (any incomplete half-year at the end of the period being disregarded). 4 The dates referred to in paragraph (3) above are as follows: — a in relation to a pension based on average emoluments of £1,500 or over, the earlier relevant date is 1st January 1947 and the later relevant date is 31st December 1947; b in relation to a pension based on average emoluments of less than £1,500, the earlier relevant date is 1st April 1951 and the later relevant date is 31st March 1952. 5 A pension based on average emoluments of less than £1,500 is not to be increased under paragraph (2) above — a if the averaging period began after 1st January 1947, by more than would raise its basic rate to that appropriate to a pension based on average emoluments of £1,500; or b if the averaging period began on or before 1st January 1947, by more than would raise its basic rate to that appropriate to a pension based on average emoluments of £1,500 plus the addition that could be made to it under paragraph (2). Given under the official seal of the Minister for the Civil Service on 9th August 1971. J. E. Herbecq Authorised by the Minister for the Civil Service SCHEDULE 1 PROVISIONS REPEATED FROM 1971 ACT Article 2 PART I INTERPRETATIVE PROVISIONS Meaning of “pension” and “beginning” 8 1 For purposes of this Act “ pension ” includes (subject to section 9 below) — a any allowance or other benefit payable (either in respect of the services of the pensioner or in respect of the services of any other person) by virtue of any superannuation scheme, whether contained in an enactment or otherwise, including a superannuation scheme providing benefits in the case of injury or death; and b any compensation payable in respect of retirement from an office or employment in pursuance of the provisions of an enactment, any compensation payable in respect of the loss, abolition or relinquishment of an office or employment occasioned by an alteration in the organisation of a department or service or by a transfer or other reorganisation of the functions of local authorities, and any compensation payable in respect of a diminution in the emoluments of an office or employment which has been occasioned as aforesaid. 2 A pension shall be deemed for purposes of this Act to begin on the day following the last day of the service in respect of which the pension is payable (whenever the pension accrues or becomes payable), except that — a an earnings-related pension based, directly or indirectly, on emoluments received for a period not ending with the last day of that service, other than a substituted pension, is to be deemed to begin on the day following the last day of that period; and b a substituted pension is to be deemed to begin on the same day as the original pension, or, if earlier, on the day from which the surrender of the original pension takes effect. Other definitions 17 1 For purposes of this Act, unless the context otherwise requires, — “ basic rate ” means the annual rate of a pension apart from any increase under or by reference to this Act or any enactment repealed by this Act, or any corresponding increase made otherwise than under or by reference to this Act or an enactment repealed by it ; “ derivative pension ” and “ principal pension ” mean a pension which is not, and one which is, payable in respect of the pensioner's own services ; “ earnings-related pension ” means a pension computed by reference to a rate of emoluments (whether actual emoluments or not and whether final or average emoluments), or payable at alternative rates one of which is so computed, and includes a derivative pension computed by reference to the rate of an earnings-related pension ; “ flat rate ” means a rate fixed otherwise than by reference to a rate of emoluments or to the rate of another pension , and “ flat-rate pension ” means a pension payable at a flat rate only, but includes a derivative pension computed by reference to the rate of a flat-rate pension ; “ substituted pension ” means a pension granted in consideration of the surrender of the whole or part of another pension (“the original pension”) . ). PART II GRATUITIES TO WHICH ORDER APPLIES 9 8 The gratuities to which subsection (7) above applies are — a any gratuity granted by way of periodical payments under any of the following enactments: — i section 23 of the Local Government and other Officers' Superannuation Act 1922; ii paragraph 4 of Part I of Schedule 1 to the Local Government (Clerks) Act 1931; iii section 11 of the Local Government Superannuation Act 1937 or of the Local Government Superannuation (Scotland) Act 1937; b any gratuity granted by way of periodical payments or by way of an annuity under section 18 of the Local Government Superannuation Act 1953; c any gratuity granted by way of periodical payments or by way of an annuity under any local Act (or provisional order confirmed by Parliament) corresponding to any of the enactments mentioned in paragraphs ( a ) and ( b ) above. Any question whether a local Act or provisional order corresponds to any of the enactments mentioned in paragraphs ( a ) and ( b ) above shall be determined, in the event of dispute, by the Secretary of State. SCHEDULE 2 PENSIONS TO WHICH ORDER APPLIES Article 4 [NOTE: The paragraphs in this Schedule are numbered to match the corresponding paragraphs in Schedule 2 to the 1971 Act. They incorporate references to the 1944 Act, etc. , and this indicates the Act “within” which the pensions are for purposes of this order.] PART I STATE PENSIONS Ministerial and parliamentary 2 A pension payable under the Lord Chancellor's Pension Act 1832.[1962 Act.] 3 A pension payable under Mr. Speaker Morrison's Retirement Act 1959. [1962 Act.] Civil service 4 A pension payable under the Superannuation Acts 1965 and 1967: — a payable under Part III or IV of the Superannuation 1965. [1952 Act]; b payable otherwise than under Part III or IV of that Act. [1944 Act.] Administration of justice 5 A pension payable under any of the following: — a the Appellate Jurisdiction Act 1876 (Lords of Appeal); b section 14 of the Supreme Court of Judicature (Consolidation) Act 1925 (higher judiciary in England and Wales); c the Judges' Pensions (Scotland) Act 1808 (higher judiciary in Scotland); d section 19 of the Supreme Court of Judicature Act (Ireland) 1877 (higher judiciary in Northern Ireland). [1962 Act.] 6 A pension payable out of the Consolidated Fund or out of moneys provided by Parliament under Part I of the Administration of Justice (Pensions) Act 1950 (widows and children of judges and senior officials in the legal system, including the Chairman and Deputy Chairman of the Monopolies Commission). [1952 Act.] 7 A pension payable under section 9 of the County Courts Act 1934 (county court judges). [1944 Act.] 8 A pension payable under section 20 of the Sheriff Courts (Scotland) Act 1907 (sheriffs and salaried sheriffs-substitute). [1944 Act.] 9 A pension payable under section 34(1) of the Courts-Martial (Appeals) Act 1951 (Judge Advocate General). [1959 Act.] 10 A pension payable under section 4(5) of the Criminal Justice Administration Act 1956 (Recorder of Manchester or Liverpool). [1962 Act.] 13 A pension payable under the Police Magistrates (Superannuation) Acts 1915 and 1929. [1944 Act.] Police and firemen 14 A pension payable by a Secretary of State under the Police (Overseas Service) Act 1945 to a person who at the time of his retirement was engaged as mentioned in section 1(1) of the Act. [1952 Act.] This paragraph includes a substituted pension not so payable if the original pension is so payable. 15 A pension payable by a Secretary of State under the Police Pensions Act 1948 to a person who at the time of his retirement was engaged as mentioned in section 1(1) of the Police (Overseas Service) Act 1945. [1944 Act.] This paragraph includes a substituted pension not so payable if the original pension is so payable. 16 A pension payable by a Secretary of State in accordance with a scheme in force under section 26 of the Fire Services Act 1947. [1956 Act.] This paragraph does not apply to a flat-rate pension, except where the rate depends on section 27(3) of that Act. Teachers 17 A pension payable under the Elementary School Teachers (Superannuation) Acts 1898 to 1912. [1944 Act.] 18 A pension payable under the Teachers (Superannuation) Acts 1918 to 1956. [1944 Act.] This paragraph does not include — a a pension specified in paragraph 56 of this Schedule; or b so much of any pension payable under the said Acts of 1918 to 1956 as would not have been payable apart from an election under section 10(1) of the Teachers (Superannuation) Act 1956. 19 A pension payable under the Education (Scotland) Acts 1939 to 1967. [1944 Act.] This paragraph does not include a pension granted under Regulation 45 of the Teachers (Superannuation) (Scotland) Regulations 1957. 20 A pension payable under regulations made under section 1 of the Teachers' Superannuation Act 1967. [1944 Act.] 21 A pension payable under the Teachers Superannuation (Scotland) Act 1968. [1944 Act.] National health service 22 A pension payable by a Secretary of State under or by virtue of any of the following: — a section 6 of the National Health Service Act 1946 or of the National Health Service (Scotland) Act 1947 (former officers of voluntary hospitals). [1952 Act]; b section 67 or 68 of the National Health Service Act 1946 or section 66 or 67 of the National Health Service (Scotland) Act 1947 (former officers of hospital authorities and others engaged in health services). [1944 Act.] 23 A pension payable by a Secretary of State in consequence of any change affecting the National Health Service and payable in pursuance of an order under section 11(9) of the National Health Service Act 1946. [1959 Act]. National insurance 24 A pension payable by a Secretary of State in pursuance of regulations made under section 67 of the National Insurance Act 1946 (loss of employment or diminution of emoluments attributable to passing of that Act of former employees of approved societies etc.). [1952 Act.] 25 A pension payable in pursuance of rules made under section 3 of the Superannuation (Miscellaneous Provisions) Act 1948 (former employees of approved societies etc.). [1952 Act.] This paragraph does not include a pension payable under the Superannuation Acts 1965 and 1967. Diplomatic, colonial and overseas service 27 A pension payable under the Governors Pensions Acts 1957 and 1967 and beginning before 18th December 1947. [1944 Act.] Any other pension payable under those Acts. [1952 Act.] 28 A pension payable under the Judges Pensions (India and Burma) Act 1948. [1944 Act.] 29 A pension payable under the Diplomatic Salaries &c. Act 1869. [1944 Act.] Service in Ireland 30 A pension payable under Schedule 8 to the Government of Ireland Act 1920 (former Irish civil servants). [1944 Act.] 31 A pension payable to or in respect of an existing Irish officer within the meaning of the Government of Ireland Act 1920, under the Superannuation Acts 1834 to 1965. [1944 Act.] 32 A pension payable under the enactments relating to pensions of the Royal Irish Constabulary. [1944 Act.] This paragraph does not include a pension payable under regulations made under section 1 of the Royal Irish Constabulary (Windows' Pensions) Act 1954. Miscellaneous 34 A pension payable under the following (compensation to tax collectors and assessors for loss of employment) — a section 29 of the Finance Act 1932 [1944 Act]; or b section 60 of the Finance ( No. 2) Act 1945 or section 62 of the Finance Act 1946. [1952 Act.] 36 A widow's pension payable by a Secretary of State in accordance with a scheme framed by the then Army Council under the Injuries in War (Compensation) Act 1914 (Session 2) for established civil servants employed abroad within the sphere of military operations. [1944 Act.] PART II PENSIONS OUT OF LOCAL FUNDS Local government service 39 A pension payable by a local authority in respect of service ending with local government service. [1944 Act.] This paragraph does not include — a a pension payable, in respect of service as a member of a fire brigade, in accordance with a scheme in force under section 26 of the Fire Services Act 1947; b a pension within paragraph 45 of this Schedule; c a pension payable by a police authority under regulations made under section 60(2) of the Local Government Act 1958 or section 85(4) of the London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government etc.). Administration of justice 40 A pension payable under section 33 of the Justices of the Peace Act 1949 (stipendiary magistrates). [1959 Act.] 41 A pension payable by a local authority under Part I of the Administration of Justice (Pensions) Act 1950 (widows and children of stipendiary magistrates and of chairmen and deputy chairmen of London Sessions). [1959 Act.] 42 A pension payable under section 22 of the Administration of Justice (Pensions) Act 1950 (chairmen and deputy chairmen of London Sessions). [1962 Act.] Police and firemen 43 A pension payable under any of the following: — a the Police Pensions Act 1948, or any enactment repealed by that Act or by the Police Pensions Act 1921; b section 34 of the Police Act 1964; c section 26 of the Police (Scotland) Act 1967; other than a pension within paragraph 14 or 15 above, or a pension payable by a Secretary of State under the Police Pensions Act 1948 to a person who at the time of his retirement was engaged in service in respect of which the provisions of section 5 of the Overseas Service Act 1958 had effect, or serving as an inspector or assistant inspector of constabulary under the Police Act 1964 or the Police (Scotland) Act 1967, or engaged in central service pursuant to section 43 of the Police Act 1964 or section 38 of the Police (Scotland) Act 1967, or a substituted pension of which the original pension is so payable. [1944 Act.] This paragraph does not include a derivative pension other than a substituted pension, nor a substituted pension if the original pension was a derivative pension. 44 A pension payable by a local authority, in respect of service as a member of a fire brigade, in accordance with a scheme in force under section 26 of the Fire Services Act 1947: — a payable in respect of whole-time service [1944 Act]; b payable in respect of part-time service ending on or after 10th July 1956, other than a derivative pension [1962 Act]. This paragraph does not apply to a flat-rate pension, except where the rate depends on section 27(3) of that Act. 45 A pension payable by a local authority in respect of — a service as a professional fireman (as defined by the Fire Brigade Pensions Act 1925); or b service which, by or under any enactment, is treated as approved service in a fire brigade; other than a pension payable in accordance with a scheme in force under section 26 of the Fire Services Act 1947. [1944 Act.] 46 A derivative pension payable under the Police Pensions Act 1921 in respect of a person to whom the National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 applied at the time of that person's death or retirement. [1944 Act.] Court and police staffs 47 A pension payable by a local authority in England or Wales under any enactment other than section 15(1) to (7) of the Superannuation (Miscellaneous Provisions) Act 1967 in respect of — a service as a justices' clerk or as the employee of a justices' clerk [1944 Act]; or b service as a person employed by a magistrates' courts committee to assist a justices' clerk. [1956 Act.] 49 A pension payable by the Greater London Council under any enactment in respect of service in the employment of the standing joint committee for the county of London as clerk of the peace or deputy clerk of the peace or in any other capacity. [1944 Act.] 50 A pension payable under section 15(1) to (7) of the Superannuation (Miscellaneous Provisions) Act 1967 (metropolitan civil staffs). [1944 Act.] 51 A pension payable by a local authority, or by a police authority in England or Wales other than a local authority, under any enactment other than section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 in respect of service ending with — a service as a civilian employed under section 10 of the Police Act 1964 by such a police authority; or b service as a traffic warden employed by such a police authority under section 2 of the Road Traffic and Roads Improvement Act 1960 or section 81(9) of the Road Traffic Regulation Act 1967. [1962 Act.] Probation and after-care service 53 A pension payable in accordance with regulations under Schedule 4 to the Local Government Superannuation Act 1953 in respect of service as a probation officer or as a person appointed to assist a probation officer in the performance of his duties by a probation and after-care committee, by the Secretary of State or, before 1st July 1944, by a probation officer. [1944 Act.] 54 A pension payable by a local authority in England and Wales in respect of service as a member of the staff of an approved probation home or an approved probation hostel. [1956 Act.] Teachers and school staff 56 A pension payable by a local authority under section 14(3)(b) of the Teachers (Superannuation) Act 1925. [1944 Act.] 57 A pension payable by a local authority in England or Wales under any enactment in respect of service as an employee of the managers of a non-provided school within the meaning of the Education Act 1921 or a voluntary school within the meaning of the Education Act 1944. [1944 Act.] 58 A pension payable by a local authority in England or Wales under any enactment in respect of service as an employee of the governing body of any school or educational institution (other than a public elementary school or a county or voluntary school) if the whole cost of maintaining the school or educational institution after deducting such part of the cost (if any) as is met by the governing body fell or falls to be met by the local authority. [1944 Act.] 59 A pension payable by a local authority in respect of service as a member of the staff of an approved school. [1944 Act.] Miscellaneous 60 A pension payable by a local authority under any enactment in respect of service as a registration officer as defined in section 40 of the Local Government Superannuation Act 1937 or section 34 of the Local Government Superannuation (Scotland) Act 1937. [1944 Act.] 61 A pension payable under section 6 of the Coroners (Amendment) Act 1926 (county and borough coroners.) [1944 Act.] 62 A pension payable by a local authority in respect of service as a clerk, officer or servant employed under section 47 of the Local Government Act 1948: or section 92 of the General Rate Act 1967 by a local valuation panel. [1952 Act.] 64 A pension payable by a local authority by way of such compensation as is mentioned in section 8(1)(b) of the 1971 Act. [1944 Act.] PART III OTHER PENSIONS 65 A pension payable by the trustees of a trustee savings bank or by the Inspection Committee of trustee savings banks. [1944 Act.] 66 A pension payable in respect of service with, or as compensation for loss of employment on the winding up of, the Raw Cotton Commission. [1952 Act.] 67 A pension payable by the Greater London Council or the council of a London borough under section 80(9) to (11) of the London Passenger Transport Act 1933. [1944 Act.] 68 A pension payable by the council of the London borough of Southwark in respect of employment in the borough market, Southwark. [1944 Act.] SCHEDULE 3 PROVISIONS REVOKED Article 4(5) Trustee savings banks Article 5 of the Trustee Savings Banks (Pensions) Order 1955 . The Trustee Savings Banks (Increase of Pensions) Order 1956 . The Trustee Savings Banks (Increase of Pensions) Order 1959 . The Trustee Savings Banks (Increase of Pensions) Order 1963 . Metropolitan civil staffs The Metropolitan Police Staffs (Increase of Superannuation Allowances) Order 1956 . The Metropolitan Police Staffs (Increase of Superannuation Allowances) Order 1960 . The Metropolitan Police Staffs (Increase of Superannuation Allowances) Order 1963 . The Metropolitan Police Staffs (Increase of Superannuation Allowances) Order 1966 . TABLE I (1) 1971 rate     (2) Choice of 1969 standard or 1971 rate Basic rate X £ £ Date of beginning Basic rate (£) 1. Without supplement 2. With supplement ( with 1969 factor ) 1. Without supplement 2. With supplement 1. Beginning up to 31st March/1st April 1947 Up to £55·71 3·3768 — 27·376 Up to 1944 (3·052) 93 120 Up to £100 2·5755 44·643 72·019 1945 (2·583) 212 252 Up to £133·33 1·8887 113·323 140·699 1946 (2·348) 321 381 Up to £200 2·4038 44·643 72·019 1947 (2·327) 336 399 Over £200 1·8887 147·664 175·040 2. Beginning up to 31st March 1948 Up to £78 2·4611 — 27·376 Up to 1944 (3·052) nil nil Over £78 1·8887 44·643 72·019 1945 (2·583) nil 103         1946 (2·348) 97 156         1947 (2·327) 101 164         1948 (2·179) 153 248 3. Beginning up to 31st March 1949 Up to £63 2·4611 — 27·376 1948 (2·179) 124 218 Over £63 1·8887 36·057 63·433 1949 (2·119) 156 275 4. Beginning up to 31st March 1950 Up to £48 2·4611 — — 1949 (2·119) 119 238 Over £48 1·8887 27·472 54·848 1950 (2·059) 161 322 5. Beginning up to 31st March 1951 Up to £33 2·4611 — — 1950 (2·059) 110 271 Up to £1,000 1·8887 18·887 46·263 1951 (1·886) 1,127 1,289 Over £1,000 1·7170 190·589 217·965 6. Beginning up to 31st March 1952 Up to £18 2·4611 — — 1951 (1·886) 1,077 1,239 Up to £1,000 1·8887 10·302 37·678 1952 (1·728) not relevant not relevant Over £1,000 1·7170 182·004 209·380 NOTE: — In the case of earnings-related pensions beginning on or after 1st April 1947, but with an averaging period beginning before 1st April 1946, there is to be added to the 1971 rate as given by heads 2 to 6 of this Table the adjusted 1944 element, if any, to be derived from Table V. In these cases, the right-hand division of the Table does not apply; and (the 1944 element being variable) alternatives are not given. With the maximum 1944 element (taken on the basis of a continuous averaging period of 40 years), the entry in head 1 would apply also in head 2 for years up to 1947, the figures given above would be increased for 1948 by about £350, for 1949 by about £450 and for 1950 by about £600 and the 1969 standard becomes not relevant in 1951. TABLE II (1) 1971 rate       (2) Choice of 1969 standard or 1971 rate Basic rate X £ £ Date of beginning Basic rate (£) 1. Without supplement 2. With supplement ( with 1969 factor ) 1. Without supplement 2. With supplement 1. Beginning up to 31st March/1st April 1947 Up to £55·71 3·3768 — 27·376 Up to 1944 (3·052) 93 120 Up to £100 2·5755 44·643 72·019 1945 (2·583) 212 252 Up to £133·33 1·8887 113·323 140·699 1946 (2·348) 321 381 Up to £200 2·4038 44·643 72·019 1947 (2·327) 336 399 Over £200 1·8887 147·664 175·040 2. Beginning up to 1st January 1948/31st December 1947 Up to £78 2·4611 — 27·376 Up to 1944 (3·052) Nil Nil Over £78 1·8887 44·643 72·019 1945 (2·583) Nil 103         1946 (2·348) 97 156         1947 (2·327) 101 164         1948 (2·179) 153 248 3· Beginning up to 31st March 1948 Up to £78 2·2894 — 27·376 1948 (2·179) 96 155 Over £78 1·7170 44·643 72·019 4. Beginning up to 31st March 1949 Up to £63 2·2894 — 27·376 1948 (2·179) 78 137 Over £63 1·7170 36·057 63·433 1949 (2·119) 89 157 5. Beginning up to 31st March 1950 Up to £48 2·2894 — — 1949 (2·119) 68 136 Over £48 1·7170 27·472 54·848 1950 (2·059) 80 160 6. Beginning up to 31st March 1951 Up to £33 2·2894 — — 1950 (2·059) 55 135 Over £33 1·7170 18·887 46·263 1951 (1·886) 111 273 7. Beginning up to 31st March 1952 Up to £18 2·2894 — — 1951 (1·886) 60 222 Over £18 1·7170 10·302 37·678 1952 (1·728) 938 3,431 TABLE IA AND IIA A. WITH SUPPLEMENT (1) 1971 rate   (2) Choice of 1969 standard or 1971 rate Basic rate X £ Date of beginning ( with 1969 factor ) £ 1. Beginning on 1st April 1952 Up to £71·429 2·1003 — 1952 (1·728) 2,493 Over £71·429 1·7170 27·376 2. Beginning up to 1st April 1953 Up to £72·727 2·0628 — 1952 (1·728) 657 Over £72·727 1·6864 27·376 1953 not relevant. 3. Beginning up to 1st April 1954 Up to £74·074 2·0253 — 1953 (1·675) 1,418 Over £74·074 1·6557 27·376 1954 not relevant. 4. Beginning up to 1st April 1955 Up to £75·472 1·9878 — 1954 (1·645) 1,371 Over £75·472 1·6250 27·376 1955 not relevant. 5. Beginning up to 1st July 1955 Up to £76·923 1·9503 — Not relevant. Over £76·923 1·5944 27·376 6. Beginning up to 1st April 1956 Up to £76·923 1·9337 — Not relevant. Over £76·923 1·5809 27·144 7. Beginning up to 1st July 1956 Up to £66·667 1·8689 — Not relevant. Over £66·667 1·5228 23·072 8. Beginning up to 1st April 1957 Up to £66·667 1·8529 — Not relevant. Over £66·667 1·5098 22·875 9. Beginning up to 1st July 1957 Up to £56 1·7588 — 1957 (1·448) 934 Over £56 1·4282 18·514 10. Beginning up to 1st April 1958 Up to £56 1·7436 — 1957 (1·448) 571 Over £56 1·4159 18·354 1958 not relevant. 11. Beginning up to 1st July 1958 Up to £40 1·6873 — 1958 (1·404) 332 Over £40 1·3653 12·880 12. Beginning up to 1st April 1959 Up to £40 1·6726 — 1958 (1·404) 252 Over £40 1·3534 12·768 1959 (1·397) 292 13. Beginning up to 1st July 1959 Up to £28 1·6177 — 1959 (1·397) 94 Over £28 1·3042 8·778 14. Beginning up to 1st April 1960 Up to £28 1·6035 — 1959 (1·397) 83 Over £28 1·2927 8·701 1960 (1·383) 96 15. Beginning up to 1st July 1960 Up to £16 1·5499 — 1960 (1·383) 35 Over £16 1·2448 4.882 16. Beginning up to 1st April 1961 Up to £16 1·5362 — 1960 (1·383) 32 Over £16 1·2338 4·838 1961 (1·338) 46 In the cases given below the 1971 rate is to be used, and the 1969 standard is not relevant; in all other cases in this Table, the 1969 standard is to be used and the 1971 rate is not relevant. B. WITHOUT SUPPLEMENT 1971 rate Beginning ( dates inclusive ) X 1st January 1953 — 1st April 1953 1·6864 1st January 1954 — 1st April 1954 1·6557 1st January 1955 — 1st April 1955 1·6250 2nd April 1955 — 1st July 1955 1·5944 2nd July 1955 — 1st April 1956 1·5809 2nd April 1956 — 1st July 1956 1·5228 2nd July 1956 — 1st April 1957 1·5098 1st January 1958 — 1st April 1958 1·4159 TABLE III (1) 1971 rate     (2) Choice of 1969 standard or 1971 rate Basic rate X £ Date of beginning Basic rate (£)       ( with 1969 factor ) ( a ) No 1944 element ( b ) With 1944 element 1. Without supplement 2. With supplement 1. Without supplement 2. With supplement 1. Beginning up to 31st March 1947 Up to £55·71 3·3768 — Up to 1944 (3·052)     93 120 Up to £100 2·5755 44·643 1945 (2·583)     212 252 Up to £133·33 1·8887 113·323 1946 (2·348)     321 381 Up to £200 2·4038 44·643 1947 (2·327)     336 399 Over £200 1·8887 147·664 2. Beginning up to 1st January 1948 Up to 1944 (3·052) Nil Nil     Up to £78 2·4611 — 1945 (2·583) Nil 103     Over £78 1·8887 44·643 1946 (2·348) 97 156           1947 (2·327) 101 164 101/331 164/394       1948 (2·179) 153 248 153/500 248/595 3. Beginning up to 31st March 1948 Up to £78 0·5723 + — 1948 (2·179) 128/154 207/249 128/500 207/595 1·7170Q Over £78 1·7170Q 44·643 4. Beginning up to 31st March 1949 Up to £63 0·5723 + 1·7170Q — 1948 (2·179) 95/124 168/217 95/458 168/552 Over £63 1·7170Q 36·057 1949 (2·119) 108/154 190/271 108/571 190/688 5. Beginning up to 31st March 1950 Up to £48 0·5723 + 1·7170Q — 1949 (2·119) 79/117 159/232 79/519 159/635 Over £48 1·7170Q 27·472 1950 (2·059) 93/154 187/307 93/687 187/840 6. Beginning up to 31st March 1951 Up to £33 0·5723 + 1·7170Q — 1950 (2·059) 63/105 154/256 63/617 154/768 Up to £1,000 1·7170Q 18·887 1951 (1·886) 144/1,052 353/1,214 144/1,601 353/1,763 Over £1,000 1·7170 18·887 + 171·702q 7. Beginning up to 31st March 1952 Up to £18 0·5723 + 1·7170Q — 1951 (1·886) 76/838 279/1,151 76/1,522 279/1,684 1·7170Q Up to £1,000 10·302 1952 (1·728) 3,781/ — 6,274/ — 3,781/ — 6,274/ — Over £1,000 1·7170 10·302 + 171·702q NOTES: — Except in relation to pensions mentioned in Article 5(6) of this Order, symbol q represents the fraction that results from dividing by the total number of half-years in the averaging period the number of them ending on or before 31st December 1947; the symbol Q represents the number obtained by dividing by ten times the total number of half-years in the period the sum of ten times that number and the number ending on or before 31st December 1947 (or is 1+q/10 ). Any incomplete half-year at the end of the period is to be disregarded. In the application of head 5 or any later head of this Table to a pension mentioned in Article 5(6) of this Order (and beginning on or after 2nd July 1949), the symbols Q and q have a corresponding meaning, but 1st July 1949 is to be substituted for 31st December 1947. The 1971 rate with supplement cannot be given in this Table; the amount of the supplement is £27·376 or, if the 1971 rate is less than £124.44, then eleven-fiftieths of the 1971 rate. The right-hand division of this Table assumes, for the higher figures, a continuous averaging period not longer than forty years. It does not apply to pensions based on average emoluments of less than £1,500, or to a pension mentioned in Article 5(6) of this Order. TABLE IV (1) 1971 rate       (2) Choice or 1969 standard or 1971 rate Basic rate X £ £ Date of beginning Basic rate (£) 1. Without supplement 2. With supplement ( with 1969 factor ) 1. Without supplement 2. With supplement 1. Beginning up to 31st March 1948 Up to £55·71 3·3768 — 27·376 Up to 1944 (3·052) 93 120 Up to £100 2·5755 44&·643 72·019 1945 (2·583) 212 252 Up to £133·33 1·8887 113·323 140·699 1946 (2·348) 321 381 Up to £200 2·4038 44·643 72·019 1947 (2·327) 336 399 Over £200 1·8887 147·664 175·040 1948 (2·179) 508 603 2. Beginning up to 31st March 1949 Up to £45 3·3768 — 27·376 1948 (2·179) 479 573 Up to £100 2·5755 36·057 63·433 1949 (2·119) 603 722 Up to £133·33 1·8887 104·738 132·114 Up to £200 2·4038 36·057 63·433 Over £200 1·8887 139·080 166·456 3. Beginning up to 31st March 1950 Up to £34·28 3·3768 — — 1949 (2·119) 566 685 Up to £100 2·5755 27·472 54·848 1950 (2·059) 766 927 Up to £133·33 1·8887 96·153 123·529 Up to £200 2·4038 27·472 54·848 Over £200 1·8887 130·495 157·871 4. Beginning up to 31st March 1951 Up to £23·57 3·3768 — — 1950 (2·059) 715 876 Up to £100 2·5755 18·887 46·263 1951 (1·886) 1,737 1,899 Up to £133·33 1·8887 87·568 114·944 Up to £200 2·4038 18·887 46·263 Up to £1,000 1·8887 121·910 149·286 Over £1,000 1·7170 293·612 320·988 5. Beginning up to 31st March 1952 Up to £12·85 3·3768 — — 1951 (1·886) 1,686 1,848 Up to £100 2·5755 10·302 37·678 1952 (1·728) n/r n/r Up to £133·33 1·8887 78·983 106·359 Up to £200 2·4038 10·302 37·678 Up to £1,000 1·8887 113·322 140·698 Over £1,000 1·7170 285·024 312·400 TABLE IIIA AND IVA A: PENSIONS BEGINNING 1ST APRIL 1952 TO 1ST APRIL 1961 (1) 1971 rate and Supplement Pensions beginning ( a ) 1971 rate ( b ) Supplement 1. Normal 2. Small pensions X £ 1971 rate (£) X On 1.4.52 1·7170 27·376 124·44 0·22 Up to 1.4.53 1·6864 27·376 124·44 0·22 Up to 1.4.54 1·6557 27·376 124·44 0·22 Up to 1.4.55 1·6250 27·376 124·44 0·22 Up to 1.7.55 1·5944 27·376 124·44 0·22 Up to 1.4.56 1·5809 27·144 123·38 0·22 Up to 1.7.56 1·5228 23·072 100·31 0·23 Up to 1.4.57 1·5098 22·875 99·46 0·23 Up to 1.7.57 1·4282 18·514 80·50 0·23 Up to 1.4.58 1·4159 18·354 79·80 0·23 Up to 1.7.58 1·3653 12·880 53·67 0·24 Up to 1.4.59 1·3534 12·768 53·20 0·24 Up to 1.7.59 1·3042 8·778 36·58 0·24 Up to 1.4.60 1·2927 8·701 36·25 0·24 Up to 1.7.60 1·2448 4·882 19·53 0·25 Up to 1.4.61 1·2338 4·838 19·35 0·25 NOTES: — This part of the Table gives the 1971 rate for the classes of pension described below, by applying the multiplier not to the basic rate but to the adjusted rate specified for each class of pension. The supplement is of the amount given in column 3, unless the 1971 rate is less than the amount given in the first division of column 4: it is then obtained by multiplying the 1971 rate by the factor given in the second division of that column. As to the choice of 1969 standard or 1971 rate, see the next division of the Table. Relevant rate of pension For flat-rate pensions within the 1944 Act (which became payable on or before 31st December 1965), the rate to be used is the basic rate with the addition of the 1944 element to be derived from Table V: see note 1 to that Table (or, in a case of apportionment, note 5). For earnings-related pensions within the 1944 Act (based on average emoluments and with an averaging period beginning before 1st April 1946), the rate to be used is the basic rate with the addition both — of the adjusted 1944 element to be derived from Table V: see note 3 to that Table (or, in a case of apportionment, note 4); and of the amount given by paragraph ( c ) or ( d ) below. For any earnings-related pension based on average emoluments of £1,500 or over and with an averaging period beginning on or before 1st January 1947, the rate to be used is the basic rate with the addition (further to the addition, if any, under paragraph (b) above) of the appropriate fraction of that rate or, if the rate is more than £1,000, of the appropriate fraction of £1,000; the appropriate fraction for this paragraph is one-tenth of the figure that results from dividing by the total number of half-years in the averaging period the number of them ending on or before 31st December 1947 (any incomplete half-year at the end of the period being disregarded). In relation to pensions mentioned in Article 5(6) of this Order, this paragraph applies with the substitution for 1st January 1947 and for 31st December 1947 of 2nd July 1948 and of 1st July 1949. For any earnings-related pension based on average emoluments of less than £1,500 and with an averaging period beginning on or before 1st April 1951, the rate to be used is the basic rate with the addition (further to the addition, if any, under paragraph (b) above) either of the appropriate fraction of the basic rate or, if it is less, of the amount that would raise the basic rate — where the averaging period began on or before 1st January 1947, to the basic rate appropriate to a pension based on emoluments of £1,500 plus the addition that would be made to it under paragraph (c) above; or where the averaging period began after 1st January 1947, to the basic rate appropriate to a pension based on emoluments of £1,500; the appropriate fraction for this paragraph is one-tenth of the figure that results from dividing by the total number of half-years in the averaging period the number of them ending on or before 31st March 1952 (any incomplete half-year at the end of the period being disregarded). In relation to pensions mentioned in Article 5(6) of this Order, this paragraph applies with the substitution for 1st January 1947 of 2nd July 1948. (2) Choice of 1969 standard or 1971 rate Except for pensions beginning at the periods mentioned below in the central panel, 1971 rate is to be used, and the 1969 standard is not relevant. For earnings-related pensions the upper limits here given assume an averaging period of 40 years or less. Where the restriction in paragraph (d)(i) or (ii) above operates, this division of the Table does not apply (but for pensions not within the 1944 Act Table IA and IIA applied tox the basic rate appropriate to emoluments of £1,500 will give the 1971 rate with or without supplement, and the choice between that rate and the 1969 standard). ( a ) Pensions within 1944 Act ( basic rate ) Beginning ( b ) Pensions not within 1944 Act ( basic rate ) Flat-rate Average earnings Average earnings ( with 1969 factor ) : Average earnings Average earnings 1. Without £ 1,500 or over less than £ 1,500 all pensions £ 1,500 or over less than £ 1,500 2. With 1. Without 2. With 1. Without 2. With 1. Without 2. With 1. Without supplement supplement supplement supplement 2. With supplement n/r n/r 2,838/ — 5,326/ — n/r n/r On 1.4.52 (1·728) 2,838/ — 5,326/ — n/r n/r 2,430 3,087 — 1,332/ — n/r n/r 2.4.52 to 31.12.52 (1·728) — 1,332/ — n/r n/r 5,147 6,565 1,225/ — 2,643/ — n/r n/r 2.4.53 to 31.12.53 (1·675) — /7,400 2,643/8,818 n/r n/r 4,885 6,256 1,017/ — 2,389/ — n/r n/r 2.4.54 to 31.12.54 (1·645) — /6,819 2,389/8,191 n/r n/r 4,326 5,260 — /8,634 2,068/9,568 n/r n/r 2.4.57 to 1.7.57 (1·448) — /5,498 2,068/6,432 n/r n/r 2,645 3,216 — /5,224 953/5,796 — n/r 2.7.57 to 31.12.57 (1·448) — /3,307 953/3,878 — n/r 2,116 2,448 — /4,082 477/4,415 — 627/ — 2.4.58 to 1.7.58 (1·404) — /2,601 477/2,934 — 627/ — 1,605 1,857 — /3,064 324/3,316 — 379/ — 2.7.58 to 31.12.58 (1·404) — /1,940 324/2,192 — 379/ — 1,863 2,155 — /3,556 389/3,848 — 478/ — 1.1.59 to 1.4.59 (1·397) — /2,252 389/2,544 — 478/ — 843 937 — /1,570 106/1,665 — 113/ — 2.4.59 to 1.7.59 (1·397) — /1,001 106/1,096 — 113/ — 744 827 — /1,370 92/1,454 — 96/ — 2.7.59 to 31.12.59 (1·397) nil 92/631 — 96/ — 859 955 — /1,583 107/1,679 — 114/ — 1.1.60 to 1.4.60 (1·383) — /1,003 107/1,099 — 114/ — 540 575 — /923 37/1,006 — 39/ — 2.4.60 to 1.7.60 (1·383) nil 37/93 nil 39/122 496 528 — /730 34/804 — /924 35/ — 2.7.60 to 31.12.60 (1·383) nil 34/75 nil 35/93 710 756 — /1,261 50/1,308 — 52/ — 1.1.61 to 1.4.61 (1·338) nil 50/232 nil 52/564 B: PENSIONS BEDINNING 2ND APRIL 1961 OR LATER (1) 1971 rate   (2) Choice of 1969 standard or 1971 rate Pensions within 1944 Act ( basic rate ) Pensions beginning 1971 rate Beginning ( with Average earnings Average earnings X 1969 factor ) Flat-rate £1,500 or over less than £1,500 2.4.61 to 1.7.61 1·1872 1961(1·338) 472 — /618 — /739 Up to 1.4.62 1·1766 1961(1·338) 437 — /520 — /616     1962(1·282) 669 — /1,145 — Up to 1.7.62 1·1544 1962(1·282) 542 — /770 — /979 Up to 1.4.63 1·1440 1962(1·282) 497 — /620 — /768     1963(1·258) 602 — /970 nil Up to 1.7.63 1·1220 1963(1·258) 495 — /576 — /691 Up to 1.4.64 1·1016 1963(1·258) 422 — /421 — /488     1964(1·218) 567 — /756 — /968 Up to 1.7.64 1·08 1964(1·218) 469 — /479 — /560 Up to 1.7.65 1·06 1964(1·218) 402 — /361 — /411     1965(1·162) 623 — /853 — Up to 1.7.66 1·04 1965(1·162) 511 — /506 — /617     1966(1·118)   — /1,154 — Up to 1.7.67 1·02 1966(1·118)   — /689 — /928     1967(1·091)   — /1,186 — Up to 31.12.68 1·00 1967(1·091)   — /696 — /958     1968(1·042)   — — NOTES: — This part of the Table gives (so far as relevant) the 1971 rate for the same classes of pension as the first part. No supplement is payable on pensions beginning after 1st April 1961; and (assuming for earnings-related pensions a continuous averaging period of 40 years of less) the 1969 standard will be higher than the 1971 rate for any pension not within the 1944 Act. The rate of pension to be used in finding the 1971 rate is not the basic rate, but the rate given in paragraphs ( a ) to ( d ) under the heading “Relevant rate of pension” in the notes to the first division of the Table: where the restriction in paragraph ( d )(i) or (ii) operates, the right-hand division here does not apply. TABLE V Rate of pension X £ Up to £100 0·4 — Up to £133·33 — 40 Up to £200 0·3 — Over £200 — 60 Notes 1. The 1944 element for any pension, when it is to be ascertained in accordance with this Table, is to be obtained by applying the Table to the basic rate of the pension or, where the basic rate of an earnings-related pension includes a war increase, to the basic rate less the war increase (referred to in this Table as “ the pre-war rate ”) ; but, where an adjusted 1944 element is required, the amount so arrived at is to be dealt with in accordance with such of the following notes as is applicable. A. War increases for earnings-related pensions (effect on head 1 of Table I, II or III) 2. — (1) Where head 1 of Table I, II or III would, in accordance with Article 5 of this order, be used to find the 1971 rate of an earnings-related pension, but the basic rate includes a war increase equal to or greater than the 1944 element ascertained in accordance with note 1 above, then the Table applies as if head 1 were omitted. (2) Where head 1 of Table I, II or III is to be used to find the 1971 rate of an earnings-related pension, and the basic rate includes a war increase less than the 1944 element ascertained in accordance with note 1 above, then the 1971 rate is to be obtained — by applying that head to the pre-war rate instead of the basic rate; and by adding to the resulting figure an amount equal to 0·1717 times the war increase. In a case within this paragraph the 1971 rate with supplement is not to be taken from head 1 of Table I or II if the pre-war rate is less than £36·32, but is to be obtained by adding to the 1971 rate the amount given by Table VII (namely, £27·376 or, if the 1971 rate is less than £124·44, then eleven-fiftieths of the 1971 rate). B. Adjusted 1944 element for earnings-related pensions with averaging period partly before 1st April 1946 3. — (1) In the case of an earnings-related pension beginning on or after 1st April 1947 and based on average emoluments with an averaging period that begins but does not end before 1st April 1946, the adjusted 1944 element required to find the 1971 rate by using Table I, III or IIIA and IVA is to be obtained as follows, unless note 5 applies: — the 1944 element is to be ascertained in accordance with note 1 above, except that the Table is to be applied to the 1946 basic rate, reduced by any war increase included in it, if that rate as so reduced is less than £200; if the amount so obtained for the 1944 element is less than a war increase included in the 1946 basic rate, the adjusted 1944 element is nil, but otherwise the amount so obtained less the amount of any war increase so included shall be reduced in accordance with paragraph (2) below; the adjusted 1944 element — where it is to be added to a rate obtained by using Table I or III is 1·7170 times the reduced amount obtained under paragraph (2), with any addition which is to be made under paragraph (3) below; where it is to be added to the basic rate in order to obtain the 1971 rate from Table IIIA and IVA is that reduced amount. (2) The amount mentioned in paragraph (1)( b ) above is to be reduced by multiplying it by the fraction that results from dividing by the total number of years in the averaging period the number of them beginning before 1st April 1946 (any incomplete year at the end of the period being disregarded). (3) Where the adjusted 1944 element obtained under this note is to be dealt with as mentioned in paragraph (1)( c )(i) above, and the basic rate to which Table I or III is being applied is less than the £78, £63, £48, £33 or £18 mentioned in the first column in the relevant head of the Table, an amount equal to 0·5723 times the difference or, if less, to 0·5723 times the reduced amount given by paragraph (1)( b ) above shall be added to the adjusted 1944 element as given by paragraph (1)( c ). (4) The 1946 basic rate of a pension is that at which the pension could have been granted if based on the average rate of emoluments for the years of the averaging period beginning before 1st April 1946. C. Adjusted 1944 element in cases of apportionment 4. — (1) Where the adjusted 1944 element of a pension is required in order to find the 1971 rate in accordance with Article 7(1) of this order, then subject to paragraphs (2) and (3) below it is to be found as follows: — there shall be found in accordance with note 1 above the amount of the 1944 element for a pension of a basic rate (not containing any war increase) equal to the sum of the basic rates of the aggregable pensions; the amount so arrived at shall be apportioned between the aggregable pensions in proportion to their basic rates; the adjusted 1944 element for the pension in question — if it is an earnings-related pension and the basic rate contains a war increase equal to or greater than the amount apportioned to the pension, is nil; if it is an earnings-related pension and the basic rate contains a war increase less than the amount apportioned to the pension, is 1·7170 times the difference between that amount and the war increase; otherwise is 1·7170 times the amount apportioned to the pension. (2) If the pension in question or another aggregable pension is one described in note 3(1) above, then in relation to it references in paragraph (1)above to the basic rate are references to the 1946 basic rate (as defined in note 3(4); and if the pension in question is one so described, the amount arrived at under paragraph (1)( c )(ii) or (iii) shall be reduced in accordance with paragraph (2) of note 3. (3) The pensions aggregable for this purpose are limited to those aggregable under Article 7(4), and there shall be disregarded any pension relevant by virtue only of Article 7(3)(b). 5. Where Table IIIA and IVA is to be used to obtain the 1971 rate of a pension, and the multiplier is to be applied to the basic rate increased by a 1944 element, then if the pensioner is, or would for purposes of Article 7 of this order be treated as being, in receipt also of another pension which for purposes of Article 7 is aggregable under Article 7(4), note 4 above shall apply as it applies where the adjusted 1944 element is required in order to find the 1971 rate in accordance with Article 7(1), except that the adjusted 1944 element under note 4(1)( c )(ii) or (iii) shall be the actual difference between the amount apportioned to the pension and the war increase or the actual amount apportioned to the pension, as the case may be, instead of 1·7170 times that difference or amount. TABLE VI 1952 element Pensions beginning 1. Normal 2. Small pensions ( minimum rate for normal increase )   £ £ Up to 31st March 1948 44·643 78 Up to 31st March 1949 36·057 63 Up to 31st March 1950 27·472 48 Up to 31st March 1951 18·887 33 Up to 31st March 1952 10·302 18 Notes 1. — (1) This Table gives the amount of the 1952 element for the purpose of apportioning increases under Article 7 of this order. (2) Column 2 gives the full amount of the 1952 element for pensions beginning at the time stated in column 1, unless the relevant rate of pension is less than the figure given in column 3 of this Table; if it is less, the full amount of the 1952 element is obtained by multiplying the relevant rate by the figure 0·5723. 2. — (1) On an apportionment under Article 7 the 1952 element is to be reduced if, but only if, the full amounts of the 1952 elements that would be included in the aggregable pensions together exceed the sum given in column 2 of this Table for the period when they begin (or if they do not all begin in the same period, the earlier or earliest of the periods when any of them begins). (2) On an apportionment under Article 7(1), if no reduction is to be made in the 1952 element that may be included in the pension in accordance with note 1 above, the full amount that may be so included shall be treated as the adjusted amount; but if a reduction is to be made, the adjusted amount is to be obtained by apportioning between the aggregable pensions the sum given in column 2 of this Table for the period mentioned in sub-paragraph (1) above, the apportionment being made according to the full amounts of the 1952 element which would be included in each pension if there were no reduction. (3) Where the 1952 element is to be reduced on an apportionment under Article 7(2), the 1971 rate as obtained by use of Table I, II, III or IV shall be reduced by deducting from the aggregate amount of the 1952 elements that would be included in the aggregable pensions if there were no reduction the sum given in column 2 of this Table for the period mentioned in sub-paragraph (1) above, and reducing the rate by a proportionate part of the resulting figure, the apportionment being made on the same basis as under sub-paragraph (2) above. 3. — (1) In determining the adjusted 1952 element for any pension there shall be disregarded a pension relevant only by virtue of Article 7(3)(c) of this order. (2) In these notes “ relevant rate ” means in relation to any pension, the basic rate increased by the appropriate 1944 element, if any; and the appropriate 1944 element for this purpose is — on an apportionment under Article 7(1), the adjusted 1944 element obtained under note 4 to Table V, before multiplication by any factor of 1·7170; and on an apportionment under Article 7(2), is the 1944 element as given by note 1 to that Table reduced by the amount of any war increase or, for a pension described in note 3 to that Table, the reduced amount obtained under paragraph (2) of that note. (3) Where any of the aggregable pensions is not one to which this order applies these notes shall have effect in relation to it with the necessary adaptations of the expressions used as if it were such a pension. TABLE VII Supplement Pensions beginning 1. Normal 2. Small pensions £ 1971 rate (£) X Up to 1st July 1955 27·376 124·44 0·22 Up to 1st April 1956 27·144 123·38 0·22 Up to 1st July 1956 23·072 100·31 0·23 Up to 1st April 1957 22·875 99·46 0·23 Up to 1st July 1957 18·514 80·50 0·23 Up to 1st April 1958 18·354 79·80 0·23 Up to 1st July 1958 12·880 53·67 0·24 Up to 1st April 1959 12·768 53·20 0·24 Up to 1st July 1959 8·778 36·58 0·24 Up to 1st April 1960 8·701 36·25 0·24 Up to 1st July 1960 4·882 19·53 0·25 Up to 1st April 1961 4·838 19·35 0·25 Notes 1. Except for cases within note 2 below, column 2 of this Table gives the amount of the supplement for pensions beginning at the time stated in column 1, unless the 1971 rate is less than the figure given in the first division of column 3; if it is less, the amount of the supplement is obtained by multiplying the 1971 rate by the figure given in the second division of column 3. 2. — (1) If — the pensioner is, or is to be treated for purposes of Article 9(2) of this order as being, in receipt of another aggregable pension; and the supplements that would be payable on the pensions if note 1 applied together exceed the sum given in column 2 of this Table for the period when they begin (or if they do not all begin in the same period, the earlier or earliest of the periods when any of them begins); then the amount of the supplement is to be obtained by apportioning between those pensions the sum given in column 3 of the Table for that period, the apportionment being made according to the amounts of the supplements that would be payable if note 1 applied. (2) The 1971 rate with supplement included (as given in any of the other Tables) may be adjusted to give effect to sub-paragraph (1) above by deducting from the aggregate amount of the supplements that would be payable on the pensions if note 1 applied the sum to be apportioned under sub-paragraph (1), and reducing the rate by a proportionate part of the resulting figure, the apportionment being made on the same basis as under sub-paragraph (1). (3) Where any of the aggregable pensions is not one to which this order applies, this note shall have effect in relation to it with the necessary adaptations of the expressions used as if it were such a pension.

The London Authorities (Parks and Open Spaces) (Staff) Order 1971 The Secretary of State for the Environment, in exercise of his powers under sections 84 and 85 of the London Government Act 1963 and of all other powers enabling him in that behalf, hereby makes the following order: — Title, Commencement and interpretation 1 This order may be cited as the London Authorities (Parks and Open Spaces) (Staff) Order 1971, and shall come into operation on 1st April 1971. 2 1 The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament. 2 In this order — “ officer ” includes the holder of any place, situation or employment ; “ Parks order ” means the London Authorities (Parks and Open Spaces) Order 1971 ; “ transferred park ” means a park or open space transferred by article 4 of the Parks order ; and “ transferee authority ” has the same meaning as in the Parks order . Transfer of staff 3 1 Any officer of the Greater London Council who is employed wholly or mainly in or in connection with a park or parks transferred to a transferee authority shall be transferred to the employment of that transferee authority. 2 a Where, immediately before 1st April 1971, any officer has not taken up the duties of his employment he shall be deemed, in the application of paragraph (1), to be discharging such duties, and to be employed in the transferred park in which he would be employed if he had taken up such duties. b Where any officer is, immediately before 1st April 1971, absent from his normal duties for the purpose of undergoing training, paragraph (1) shall apply — i if it was part of the arrangements under which he is so absent that at the completion of such training he should be employed in a place, situation or employment different from the place, situation or employment which he occupied prior to the commencement of the training, as if he was, immediately before 1st April 1971, occupying such different place, situation or employment; ii otherwise, as if he was, immediately before 1st April 1971, occupying the place, situation or employment which he occupied immediately prior to the commencement of such training. c Where any officer is, immediately before 1st April 1971, absent from his normal duties otherwise than for the purpose of undergoing training he shall be deemed, in the application of paragraph (1), to be discharging such duties, and to be discharging them in the transferred park in which he normally discharges them. 3 a Any question whether an officer is employed in the manner described in paragraph (1) shall be determined by a tribunal established under section 12 of the Industrial Training Act 1964 References to such tribunal may be made as soon as may be and in any case not later than 30th April 1971. b Where any question that an officer is not, or is, employed in the manner described in paragraph (1) is outstanding on 1st April 1971 the officer shall not be transferred until the expiration of the second week following that in which the decision of the tribunal is notified. Officers appointed before 1st April 1971 4 Where a transferee authority, before 1st April 1971, with the consent of the Greater London Council, appoint to hold any place, situation or employment before or as from that day any person (hereinafter referred to as “ the officer ”) who, but for that appointment, would fall to be transferred under article 3(1), the officer in that appointment shall be deemed to have been transferred by article 3(1) . Saving for certain staff 5 Subject to article 4, nothing in article 3 applies — a to any person who will, by virtue of any agreement entered into between him and any authority before 1st April 1971, enter into the employment of that authority on that date; or b to any person as regards any employment which is to be terminated on 31st March 1971. Secondary transfers 6 Any officer transferred by article 3(1) to a transferee authority may, before 1st July 1971, be transferred by the said authority with the agreement of any other such authority and of the officer to the employment of that authority, and this order shall continue to apply to him. Protection of staff 7 1 a Every officer transferred (or deemed to have been transferred) by article 3(1) to the employment of a transferee authority shall, so long as he continues in that employment by virtue of the transfer or appointment and until he is served with a statement in writing of new terms and conditions of employment, enjoy terms and conditions of employment not less favourable than those he enjoyed immediately before 1st April 1971. The said new terms and conditions shall be such that — i so long as the officer is engaged in duties reasonably comparable to those in which he was engaged immediately before 1st April 1971, the scale of his salary or remuneration, and ii the other terms and conditions of his employment, are not less favourable than those he enjoyed immediately before 1st April 1971, and any question whether duties are reasonably comparable as aforesaid shall be determined by a tribunal established under section 12 of the Industrial Training Act 1964. The statement of new terms and conditions shall contain information that any question shall be so determined and as to the person and address to whom any question should be referred. b A statement of new terms and conditions of employment shall not be served in respect of any officer in relation to whom a question has been referred under article 3(3)(a) until the decision of the tribunal has been notified. c If after service of a statement of new terms and conditions of employment upon him a question is referred in respect of an officer under article 3(3)(a), the statement shall cease to have effect, sub-paragraph ( a ) of this paragraph shall have effect as if the statement had not been served, and no new statement shall be served until the decision on the question has been notified. 2 A written statement given in accordance with section 4(1) of the Contracts of Employment Act 1963 shall not be regarded as a statement of new terms and conditions of employment for the purposes of paragraph (1) unless the statement so indicates. Saving for dispensations 8 Any dispensation from the requirements of any regulation granted to the Grater London Council shall have effect, in relation to any officer transferred (or deemed to have been transferred) by article 3(1), as if it had been granted to the authority to whose employment he has been transferred (or is deemed to have been transferred). Saving for extensions of service 9 Any extension of service under section 7(1) of the Local Government Superannuation Act 1937 effective on 1st April 1971 in relation to an officer transferred (or deemed to have been transferred) by article 3(1) shall continue to have effect as if it had been made by the authority to whose employment he has been transferred (or is deemed to have been transferred). Appointment of assessor 10 On any reference under article 3(3)(a) or 7 the tribunal may, if they think fit, appoint a person having special knowledge or experience in relation to the subject matter of the reference to sit with them as assessor. Superannuation 11 1 Where an officer who, immediately before his transfer (or deemed transfer) to an authority by article 3(1) — a was subject to an election in consequence of which he did not participate in the benefits of the superannuation fund maintained by the Greater London Council under Part I of the Local Government Superannuation Act 1937; and b had an expectation of a gratuity payable according to years of service, that election shall remain in effect and such a gratuity shall, subject to terms and conditions which are not less beneficial, be payable by that authority in respect of his previous service and of any service rendered to that authority. 2 Section 35 of the Local Government Superannuation Act 1937 shall apply to an expectation under this article as it applies to a right under that Act. Protection of housing accommodation 12 Where, immediately before 1st April 1971, an officer of the Greater London Council occupied a dwelling (whether as a tenant or otherwise) provided by that Council in connection with, or as a term of, his employment and — a he is transferred (or deemed to have been transferred) by this order but the dwelling is not transferred by the Parks order; or b he is so transferred (or deemed to have been transferred) to any authority but the dwelling is transferred by the Parks order to another authority; or c he is not so transferred (or deemed to have been transferred) but the dwelling is transferred by the Parks order, nothing in this order shall prejudice that occupation and for the purposes of that occupation the authority in whom the dwelling is vested shall permit the authority by whom the officer is employed to deal with the dwelling as if it were vested in that authority, and that authority shall make any necessary payment to the authority in whom the dwelling is vested to take account of the occupation of the dwelling by the officer. Peter Walker Secretary of State for the Environment 11th February 1971

The National Freight Corporation (Alteration of Pension Schemes) (No.1) Order 1971 The Secretary of State for the Environment, in exercise of his powers under section 74 of the Transport Act 1962 as read with section 136 of the Transport Act 1968 and of all other enabling powers, hereby makes the following Order: — Commencement, citation and interpretation 1 1 This Order shall come into operation on the 31st January 1971, and may be cited as the National Freight Corporation (Alteration of Pension Schemes) ( No. 1) Order 1971. 2 In this Order, unless the context otherwise requires — “ the Corporation ” means the National Freight Corporation ; “ funded scheme ” means a pension scheme (not being an insurance scheme) where the pensions are payable out of a fund held by any person for the purposes of the scheme ; “ insurance scheme ” means a pension scheme where the pensions are provided by means of contracts or policies made or effected with an insurance company carrying on life assurance business within the meaning of the Insurance Companies Act 1958 (including contracts or policies made or effected with such a company for the purpose of implementing any form of private superannuation fund) ; “ the Male Wages Grades Scheme ” means the pension scheme established by the British Transport Commission (Male Wages Grades Pensions) Regulations 1954 , as amended , (as that scheme now has effect subject to the provisions of any Order made under section 74 of the Transport Act 1962) ; “ the New Fund ” means the National Freight Corporation (Wages Grades) Pension Fund which is a funded pension scheme established by the Corporation, with the consent of the Secretary of State, under the terms of an Interim Trust Deed executed by the Corporation and N.F.C. Trustees Limited on the 12th January 1971 ; “ the persons administering ”, in relation to a pension scheme, means the persons responsible for administering the scheme under the terms thereof, and includes the trustees (if any) of the scheme ; “ the service ” means whole time employment with the Corporation or with a subsidiary of the Corporation ; and “ term ”, in relation to a pension scheme to which this Order applies, includes any rule or provision of the scheme, or of any statutory provision relating to the scheme, or of any deed or other instrument made for the purposes of the scheme . 3 The Interpretation Act 1889. shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. Application of Order 2 1 This Order shall apply to the New Fund, the Male Wages Grades Scheme and the other pension schemes mentioned in this Order. 2 A pension scheme to which this Order applies shall be construed and have effect as if the relevant provisions of this Order were terms of the scheme, any other term thereof, whether expressed or implied, to the contrary notwithstanding. Application of interavailability provisions to New Fund 3 The provisions of the British Transport Reorganisation (Pensions of Employees) (No. 1) Order 1964 (so far as applicable) and of Articles 3 and 4 of the British Transport (Pensions of Employees) (No. 1) Order 1969 (which relate to the interavailability of pension schemes in the publicly owned transport industry) shall on and after the 1st February 1971 apply in relation to the New Fund as if that fund were an established scheme as defined in Article 2 of the said (No. 1) Order of 1969. Alterations in the terms of the Male Wages Grades Scheme 4 1 This Article shall apply to the Male Wages Grades Scheme. 2 Any person in the service who is a member of the Male Wages Grades Scheme and who becomes a member of the New Fund on or after the 1st February 1971 shall, on becoming such a member, cease to be a member of the Male Wages Grades Scheme. 3 The terms of the Male Wages Grades Scheme which require persons to become members of Section B of that Scheme shall not apply to — a any person referred to in paragraph (2) of this Article, or b any other person who becomes a member of the New Fund on or after the 1st February 1971. 4 A person who becomes a member of the New Fund on or after the 1st February 1971 shall at all times after becoming a member thereof be ineligible for membership either Section A or Section B of the Male Wages Grades Scheme. 5 Where a person ceases to be a member of the Male Wages Grades Scheme under the foregoing provisions of this Article, the New Fund shall be credited by the Corporation with a sum equal to the contributions paid by such person to the Male Wages Grades Scheme. 6 Where under the foregoing provisions of this Article a person who has a right of re-admission to the Male Wages Grades Scheme becomes ineligible for membership thereof, that right of re-admission shall terminate. Alterations in the terms of certain schemes for providing pensions and other benefits 5 1 This Article shall apply to the pension schemes listed in Schedule 1 to this Order. 2 A person who becomes a member of the New Fund on or after the 1st February 1971 shall, so long as he is a contributing member of the New Fund, be ineligible for membership of a pension scheme to which this Article applies. 3 Where a member of a pension scheme to which this Article applies becomes a member of the New Fund on or after the 1st February 1971, the following provisions shall have effect: — a upon the date of his admission to membership of the New Fund he shall cease to be a member of that pension scheme, his right to receive benefit from that scheme shall cease, and (except as hereinafter provided) his liability to pay contributions to that scheme (where the scheme is a contributory scheme) shall cease; and b as soon as may be after that date the persons administering that pension scheme shall pay to the New Fund an appropriate transfer value in respect of the accrued pension rights of that member in that scheme. 4 Where under the foregoing provisions of this Article a person who has a right of re-admission to a pension scheme to which this Article applies becomes ineligible for membership thereof, that right of re-admission shall not be exercisable so long as the ineligibility continues. Alterations in the terms of certain insurance schemes 6 1 This Article shall apply to the pension schemes listed in Schedule 2 to this Order. 2 Where a member of a pension scheme to which this Article applies becomes a member of the New Fund on or after the 1st February 1971, the following provisions shall have effect: — a upon the date of his admission to membership of the New Fund he shall (subject to this Order) cease to be liable to pay contributions to that scheme; and b as soon as may be after that date the Corporation shall make such arrangements as may be appropriate to secure to that member by means of insurance policies his accrued pension rights in that scheme. 3 Any such insurance policy as is referred to in paragraph (2) of this Article may provide that the policy may be surrendered, by or at the request of the member in whose favour it is issued, upon condition that the sum payable as consideration for the surrender is paid to the New Fund, but in all other respects every such insurance policy shall be non-assignable and non-commutable. Alteration as respects a part of a particular pension scheme 7 1 This Article shall apply to the pension scheme known as the London, Midland and Scottish Railway (London and North Western) Provident and Pension Society and Supplemental Pension Fund. 2 Where a member of the pension scheme to which this Article applies becomes a member of the New Fund on or after the 1st February 1971, the following provisions shall have effect: — a upon the date of his admission to membership of the New Fund he shall cease to be entitled to receive from that scheme any benefit payable on retirement or death and (subject to this Order) such adjustment as may be appropriate shall be made in respect of the liability of that member to pay contributions to that scheme after that date; and b as soon as may be after that date the persons administering that pension scheme shall pay to the New Fund an appropriate transfer value in respect of the accrued pension rights of that member in that scheme to such benefits. Ascertainment of transfer values 8 1 Where under any of the foregoing provisions of this order there falls to be paid in relation to a member of a pension scheme to which this Order applies a transfer value in respect of his accrued pension rights in that scheme, then — a if the scheme is a funded scheme, the amount to be paid shall be ascertained by first determining the portion of the funds of that scheme properly attributable to the accrued pension rights of that member in that scheme and then by deducting therefrom such sum as may be necessary to cover the cost actually incurred by the persons administering that scheme in making the apportionment and the payment and also an amount equal to any income tax which may then become payable by virtue of regulations made, or having effect as if made, under section 208 of the Income and Corporation Taxes Act 1970; b if the scheme is not a funded scheme, the amount to be paid shall be ascertained by first determining a sum representing the value of the accrued pension rights of that member in that scheme and then by deducting therefrom such sum as may be necessary to cover the cost actually incurred by the persons administering that scheme in making the determination and the payment. 2 Any payment of a transfer value under any provision of this Order may take the form of a transfer of securities, deposits or other assets, valued as at the date of the transfer, and any question whether a transfer value shall be paid in cash or in the form of such a transfer as aforesaid shall be determined in each case when the transfer value falls to be paid. Consequential provisions 9 1 Where under the foregoing provisions of this Order a person ceases to be a member of a pension scheme to which this Order applies and which is a contributory scheme, or otherwise ceases to be liable to pay contributions to that scheme, or where under those provisions an adjustment falls to be made in respect of the liability of a member of such a pension scheme to pay contributions to that scheme, such cessation or adjustment (as the case may be) shall be without prejudice to the obligation of that person to pay any outstanding contributions to that scheme in respect of any period before such cessation or adjustment and at the rate appropriate to that period, or to the right of his employer to deduct such contributions from his emoluments. 2 Where under the foregoing provisions of this Order a person ceases to be a member of a pension scheme to which this Order applies, his rights to benefit from that scheme shall, except as otherwise provided in this Order, terminate with the cessation of his membership of that scheme. Determination of questions 10 Where under the foregoing provisions of this Order any matter or thing is to be determined in relation to a member of a pension scheme to which this Order applies who becomes a member of the New Fund, that matter or thing shall be determined by agreement between the persons administering that pension scheme on the one hand and the persons administering the New Fund on the other hand or, in default of such agreement, by the Secretary of State. Safeguarding of existing rights 11 No person who is a member of, or has a right of re-admission to, a pension scheme to which this Order applies (other than the New Fund) shall be required by a term of his employment in the service to become a member of the New Fund. Signed by authority of the Secretary of State 25th January 1971. John Peyton Minister for Transport Industries Department of the Environment SCHEDULE 1 SCHEMES FOR PROVIDING PENSIONS AND OTHER BENEFITS British Railways (Wages Grades) Pension Fund. British Road Services (Male Wages Grades) Group Pension Fund. Great Eastern Railway New Pension Fund. Great Eastern Railway New Pension Supplemental Fund. Great Northern Railway Superannuation Fund. London Brighton and South Coast Railway Pension Fund. North Eastern Railway Servants' Pension Society (Tables A and B only). SCHEDULE 2 INSURANCE SCHEMES Colonial Mutual Life Assurance Society Ltd. : — Barrack & Fenton Ltd. Cowan & Co. Crouchers Ltd. D. West & Sons Ltd. Direct Transport (Wellingbro.) Ltd. Donaldson Wright. F. Crowther & Son (Wakefield) Ltd. Fisher Renwick Ltd. G. H. Atkins & Sons. Harding Bros. Transport Ltd. H. & G. Dutfield Ltd. Harold Wood & Sons Ltd. H. W. Hawker Ltd. J. & G. Barrack Ltd. J. Gupwell Transport Ltd. J. Keetch & Son. Macks Hauliers. Munro's Motor Transport Co. P.X. Ltd. R. Keetch & Son Ltd. Robin Hood Transport Ltd. S. Oatley & Sons Ltd. Swindon Transport Ltd. Tees-side Motor Transport Ltd. Topham Bros. Union Road Transport. Wm. Clarke (Nottingham) Ltd. W. Hesford Ltd. W. Hill. W. Wisely & Sons Ltd. Youngs Express Deliveries. Eagle Star Insurance Co. Ltd.: — Fairclough Staff Pension Scheme. T. M. Fairclough & Son Ltd. Group Life Assurance Scheme. Equity & Law Life Assurance Society Ltd.: — E. & E. J. Shaw Ltd. Pension & Life Assurance Scheme. Legal & General Assurance Society Ltd.: — Castle Bros. (Hauliers) Ltd. Staff Assurance Scheme. C. Scott's Road Services Ltd. Life Assurance Scheme. National Employer's Life Assurance Co. Ltd.: — F. Crowther & Son (Wakefield) Ltd. National Mutual Life Association of Australasia: — Castleford Transport Ltd. Pension Scheme. Northern Assurance Co. Ltd.: — James Express Carriers Ltd. Norwich Union Life Insurance Society Ltd.: — Corringdon Ltd. Tartan Arrow Service Ltd. Pension Fund. Phoenix Assurance Co. Ltd.: — Davies & Brownlow Ltd. Staff Pension Scheme. Provident Mutual Life Assurance Association: — Hay's Wharf Cartage Co. Ltd., Pickfords Ltd. & Carter Paterson & Co. Ltd. and Associated Cartage Companies Pension Scheme. Prudential Assurance Co. Ltd.: — J. Gerrard Transport Ltd. Scheme. Scottish Widows' Fund and Life Assurance Society: — C. H. Ward & Sons Ltd. Sun Life Assurance Society Ltd.: — R. J. Weeks & Co. Ltd. Staff Superannuation Scheme. The Tayforth Group Operatives Pension Fund. Sun Life of Canada: — D. M. Smith Road Transport Staff Scheme. H. & R. Duncan Ltd. T. Brown Transport Pension Scheme. Northern Motor Utilities Pension Scheme.

The Stopping up of Accesses to Premises (Procedure) Regulations 1971 The Secretary of State for the Environment (as respects England excluding Monmouthshire) and the Secretary of State for Wales (as respect Wales including Monmouthshire) make these Regulations in exercise of their powers under section 2 of the Highways Act 1971 and of all other enabling powers: — Commencement, citation, interpretation 1 1 These Regulations shall come into operation on the 1st November 1971, and may be cited as the Stopping up of Accesses to Premises (Procedure) Regulations 1971. 2 In these Regulations, unless the context otherwise requires — “ order ” means an order to which these Regulations apply; “ owner ”, in relation to any premises, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the premises under a lease the unexpired term whereof exceeds three years; “ the premises ” means the premises to which a private means of access is to be stopped up pursuant to an order, or, where the order relates to means of access to two or more premises, both or all of those premises. 3 The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament. Application of Regulations 2 These Regulations apply to orders under section 2 of the Highways Act 1971 and have effect for prescribing the procedure to be followed in connection with the making of such orders by the Secretary of State and with the making of such orders by a local highway authority and their confirmation by that authority or by the Secretary of State. Publication and contents of notice 3 When the Secretary of State proposes to make an order, or when a local highway authority have made an order, the Secretary of State or, as the case may be, the local highway authority, shall publish in at least one local newspaper circulating in the area in which the premises are situated a notice which shall — a state the general effect of the order proposed by the Secretary of State or made by the local highway authority; b name a place in the said area where a copy of the said order, as proposed or made, and of any map or plan referred to therein may be inspected free of charge at all reasonable hours during a period specified in the notice, being a period of not less than 28 days from the date of publication of the notice; c state that, within the said period, objections to the said order may be made in writing (the ground of each objection being stated) addressed, in the case of an order proposed to be made by the Secretary of State, to the Secretary of State, and in the case of an order made by a local highway authority, to that authority, at the address specified in the notice. Persons to be served with notice 4 1 Not later than the day on which the notice under Regulation 3 above is first published, the highway authority publishing the notice shall serve on the owner and the occupier of each of the premises affected by the order — a a copy of the said notice; b a copy of the order as proposed or made, as the case may be; c subject to paragraph (2) below, a copy of any map or plan referred to in the order; and d a statement of the authority's reasons for proposing to make, or for having made, the order so far as it affects the premises of such owner and occupier. 2 If the order provides for the stopping up of means of access to two or more premises, it shall be sufficient for the highway authority to serve on each owner and occupier a copy of that part of the map or plan referred to in the order which relates to the premises of which he is the owner or occupier. New means of access to be shown on map or plan 5 If it appears to a highway authority, when preparing an order, that a new means of access to any premises is likely to have to be provided by that authority to take the place of a means of access to be stopped up under the order, then that authority shall indicate in the map or plan referred to in the order the proposed route of that new means of access, and shall serve on the owner and occupier of the land which will be required for the provision of that new means of access (if different from the owner and occupier of the premises) a copy of the notice and the other documents referred to in Regulation 4 above. Submission of local highway authority's order for confirmation 6 1 If any objection to an order made by a local highway authority is received by that authority within the period specified in Regulation 3 above and that objection is not withdrawn, the local highway authority, before proceeding further with the order, shall forward the following documents to the Secretary of State — a the original order as made together with two copies thereof; b three copies of each statement of objections and of any correspondence which the authority have had with any objector since the receipt by them of his objection; c in a case where the authority desire modifications to be made to the order, three copies of a statement of those modifications and of the authority's reasons therefor; and shall at the same time notify each objector in writing of the action taken by them under this Regulation. 2 If in a case where there are no unwithdrawn objections to an order made by a local highway authority the authority desire the order to be confirmed with modifications they shall forward to the Secretary of State the order as made, together with two copies thereof and three copies of a statement of the modifications which the authority desire and of their reasons therefor. Consideration of objections by Secretary of State 7 Before the Secretary of State makes an order or confirms an order made by a local highway authority, he shall, in the case of his own order, consider any objections received by him within the period specified in Regulation 3 above, and in the case of an order made by a local highway authority, consider any objections transmitted to him by that authority under Regulation 6 above and also any proposals of that authority for modifying the order, and shall in either case, if he has caused a local inquiry to be held in connection with the order, consider the report of the person who held the inquiry. Modifications 8 The Secretary of State may make or confirm an order with modifications, whether in consequence of objections or otherwise, but where the modifications will in his opinion make a substantial change in the order as proposed or made, then, before making or confirming the order, he shall take such steps as appear to him to be appropriate for informing any person who appears to him to be likely to be affected by the proposed modifications and for giving such person an opportunity of making representations to him with respect thereto, and shall consider any representations made to him by such person. Service of notice of making by Secretary of State or confirmation of order 9 The Secretary of State or local highway authority, as the case may be, by whom the notice referred to in paragraph 1 of Schedule 2 to the Highways Act 1959 (as applied by section 16 of the Highways Act 1971) is required to be published, shall serve a copy of that notice and of the order, as made or confirmed, upon the owner and occupier of each of the premises to which the order relates and also upon the owner and occupier of any other land affected by the route of any new means of access to premises shown upon the map or plan referred to in the order in accordance with Regulation 5 above. Peter Walker Secretary of State for the Environment 19th October 1971 Peter Thomas Secretary of State for Wales 19th October 1971

The Motor Vehicles (International Motor Insurance Card) Regulations 1971 The Secretary of State for the Environment in exercise of his powers under sections 211 and 215 of the Road Traffic Act 1960, and section 37(1) of the Vehicles (Excise) Act 1971, and of all other enabling powers and after consultation with representative organisations in accordance with the provisions of section 260(2) of the Road Traffic Act 1960, hereby makes the following Regulations: — Title and commencement 1 These Regulations may be cited as the Motor Vehicles (International Motor Insurance Card) Regulations 1971 and shall come into operation on the 10th June 1971. Revocation 2 The Motor Vehicles (International Motor Insurance Card) Regulations 1969 are hereby revoked. Interpretation 3 1 In these Regulations — “ the Act ” means the Road Traffic Act 1960 ; “ authorised insurer ” has the same meaning as in Part VI of the Act ; “ British Bureau ” means the Motor Insurers' Bureau incorporated under the Companies Act 1929, and having its registered office at Aldermary House, Queen Street, London, E.C.4 ; “ chief officer of police ”, and “ police area ”, in relation to England and Wales, have the same meanings as in the Police Act 1964, and, in relation to Scotland, have the same meanings as in the Police (Scotland) Act 1967 ; “ Foreign Bureau ” means a central organisation set up by motor insurers in any country outside the United Kingdom, the Isle of Man and the Channel Islands for the purpose of giving effect to international arrangements for the insurance of motorists against third-party risks when entering countries where insurance against such risks is compulsory, and with which organisation the British Bureau has entered into such an arrangement ; “ hired motor vehicle ” means a motor vehicle which is: — designed for private use and with seats for not more than eight persons excluding the driver, and specified in an insurance card, and last brought into Great Britain by a person making only a temporary stay therein, and owned and let for hire by a person whose business includes the letting of vehicles for hire and whose principal place of business is outside the United Kingdom; “ hiring visitor ” means a person to whom a hired motor vehicle is let on hire, who is making only a temporary stay in Great Britain and is named as the insured or user of that vehicle in the insurance card in which that vehicle is specified ; “ insurance card ” means an international motor insurance card issued under the authority of a Foreign Bureau or of the British Bureau which is green in colour and — comprises two pages either in English or a foreign language containing the particulars specified in the page marked “original” and in the middle page set out in Part I of Schedule 1 to these Regulations and which in the case of each entry into the United Kingdom from a country outside thereof of the motor vehicle specified in the card during the period of validity so specified has attached thereto one or more pages green in colour and, either in English or a foreign language, containing the particulars specified in Part II of the said Schedule, each of which said pages is hereinafter referred to as a “ duplicate page ” ; or until the 31st December 1977, is either in English or a foreign language in the form specified in Part I of Schedule 2 to these Regulations and which in the case of each entry into the United Kingdom from a country outside thereof of the motor vehicle specified in the card during the period of validity so specified has attached thereto one or more pages green in colour and, either in English or a foreign language, in the form specified in Part II of the said Schedule, each of which said pages is hereinafter referred to as a “ duplicate page ” ; “ the Secretary of State ” means the Secretary of State for the Environment ; “ trade licence ” has the same meaning as in the Vehicles (Excise) Act 1971 ; “ visitor ” means a person bringing a motor vehicle into Great Britain, making only a temporary stay therein and named in an insurance card as the insured or user of the vehicle, and includes a hiring visitor who brings a hired motor vehicle into Great Britain, but no other hiring visitor . 2 Any reference in these Regulations to any provision in an Act of Parliament or in subordinate legislation shall be construed as a reference to that provision as amended by any other such provision. 3 The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament and as if for the purposes of section 38 of that Act these Regulations were an Act of Parliament and the Regulations revoked by Regulation 2 of these Regulations were an Act of Parliament thereby repealed. Validity of insurance card 4 1 An insurance card shall be valid for the purposes of these Regulations only if — a the motor vehicle specified in the card is brought into the United Kingdom during the period of validity so specified; b the application of the card in Great Britain is indicated thereon; c all relevant information provided for in the card has been inscribed therein; d the card has been duly signed by the visitor, by the insurer named in the card and, in the case of a hired motor vehicle, by every hiring visitor who is named in the card as the insured or user thereof; and e in the case of a card in the form of Part I of Schedule 2 to these Regulations, the card bears on page 1 thereof the name of the Foreign Bureau or the British Bureau, as the case may be, under whose authority the card was issued. 2 The information required to be inscribed in paragraphs 2, 7 and 8 in the page of the card shown in Schedule 1 to these Regulations and marked “original” and in paragraphs 2, 3 and 8 on page 3 of the card in the form in Schedule 2 to these Regulations is: — a in the said paragraph 2, the name of the Foreign Bureau or the British Bureau, as the case may be, under whose authority the card was issued; and b in the said paragraph 3 or 7, the name and address of the insured visitor and of every person who is, as respects a hired motor vehicle, a hiring visitor; and c in the said paragraph 8, the name and address of the insurer authorised to issue the card by the Foreign Bureau or the British Bureau, as the case may be, and by whom the card was issued. Third-party risks arising out of the use of motor vehicles by visitors 5 1 As respects the use on a road of a motor vehicle specified in a valid insurance card, being use by the visitor to whom the card was issued, or by any hiring visitor named therein, or by any other person on the order or with the permission of the said visitor or of any such hiring visitor, section 201 of the Act shall have effect as though the said card were a policy of insurance complying with the requirements of and having effect for the purposes of Part VI of the Act in relation to such use; Provided that where the said motor vehicle remains in the United Kingdom after the expiry of the period of validity specified in the card, then as respects any period whilst it so remains during which the vehicle is in Great Britain the said card shall not be regarded as having ceased to be in force for the purposes of the said section 201 by reason only of effluxion of the period of validity specified in the card. For the purposes of this paragraph a motor vehicle shall be deemed not to have left the United Kingdom whilst it is only in transit between different parts of the United Kingdom. 2 Any reference in this Regulation and in the next two following Regulations to the use on a road of a motor vehicle shall not include any use of the vehicle for the purpose of delivering it to or for the visitor at some place other than the place of entry of the vehicle into Great Britain, which is authorised under a trade licence. 6 1 For the purposes of sections 226, 230 and 231 of the Act, a valid insurance card shall have effect as though it were a certificate of insurance issued by an authorised insurer and in relation to any claim in respect of any such liability as is required to be covered by a policy of insurance under section 203 of the Act and arising out of the use on a road of a motor vehicle specified in such a card by the visitor to whom it was issued, by any hiring visitor named therein, or by any other person on the order or with the permission of the said visitor or of any such hiring visitor, the person against whom the claim is made shall in lieu of making the statement and giving the particulars referred to in section 209(1) of the Act, give to the person making the claim, on his demand, the serial letter or letters (if any) and serial number shown in the card, the name of the Bureau under whose authority it was issued and the name and address of the person specified therein as the insured. 2 Any person making or intending to make any such claim as is mentioned in the preceding paragraph of this Regulation shall give notice of the claim in writing to the British Bureau as soon as practicable after the happening of the event out of which the claim arose specifying the nature of the claim and against whom it is made or intended to be made. 3 Where owing to the presence on the road of a motor vehicle specified in an insurance card, an accident occurs involving personal injury to a person other than the driver of the vehicle, and by reason of section 226 or 230 of the Act, as modified by paragraph (1) of this Regulation, the insurance card, together with a duplicate page, is produced to a police constable or at a police station, that police constable or a police constable at that station may detach the duplicate page from the card and arrange for its retention for the purposes of recording or producing insurance particulars relating to the accident. 7 In any civil proceedings in respect of any such liability as is required to be covered by a policy of insurance under section 203 of the Act and arising out of the use on a road of a motor vehicle specified in a valid insurance card, the production of the duplicate page detached by a police constable in pursuance of paragraph (3) of the last preceding Regulation shall be evidence that the person specified in the card as the insured has duly signed the form of authority specified in paragraph (3) on the middle page of the card shown in Schedule 1 to these Regulations or specified in paragraph (4) on page 4 of the card when in the form in Part I of Schedule 2 to these Regulations unless the contrary is proved. Production of insurance card on application for excise licence 8 Any visitor or hiring visitor applying for a licence under the Vehicles (Excise) Act 1971 for a motor vehicle specified in a valid insurance card in which he is named as the insured may, during the period of validity specified in the card, in lieu of producing to the licensing authority such evidence as is required by Regulation 9 of the Motor Vehicles (Third Party Risks) Regulations 1961 , as amended , produce such a card to the licensing authority. Requirements in connection with duplicate pages 9 The chief officer of police of each police area shall without charge: — a furnish to the Secretary of State, or the British Bureau on request or to an authorised insurer on request by the British Bureau any information relating to the contents of a duplicate page which may have been detached by a police constable under Regulation 6(3) of these Regulations in connection with an accident in that area; and b forward to the British Bureau or to an authorised insurer on request by the British Bureau any such duplicate page and the British Bureau or the authorised insurer, as the case may be, shall as soon as practicable, return the duplicate page to the chief officer of police by whom it was forwarded. Special provision for motor vehicles from Northern Ireland 10 In the case of a motor vehicle brought from Northern Ireland into Great Britain by a person making only a temporary stay in Great Britain, a policy of insurance or a security which complies with the Road Traffic Act (Northern Ireland) 1970: and which covers the driving of the motor vehicle in Great Britain and any certificate of insurance or certificate of security issued in pursuance of that Act and the Regulations made thereunder in respect of such policy of security shall have effect as a policy of insurance or a security or a certificate of insurance or certificate of security respectively for the purposes of Part VI of the Act, and of the Motor Vehicles (Third Party Risks) Regulations 1961, as amended. Signed by authority of the Secretary of State.10th May 1971. John Peyton Minister for Transport Industries Department of the Environment SCHEDULE 1 (See Regulation 3) PART I PARTICULARS TO BE SHOWN IN PAGES OF INSURANCE CARD PART II PARTICULARS TO BE SHOWN IN DUPLICATE PAGE SCHEDULE 2 (See Regulation 3) (In this Schedule, references to the Convention of 1949 are references to the Convention on Road Traffic concluded at Geneva in the year 1949 .) PART I Alternative form of insurance card until 31 December 1977 PART II ALTERNATIVE FORM OF DUPLICATE PAGE UNTIL 31 DECEMBER, 1977

Pensions (Increase) Act 1971 PART I General Provisions Present increases 1 1 Subject to the provisions of this Act, the annual rate of an official pension may, if any qualifying condition is satisfied, be increased by the pension authority in respect of any period beginning on or after 1st September 1971, as follows: — a a pension beginning before the year 1969 may be increased by the amount necessary to bring the rate up to the 1969 standard, that is to say, to the rate arrived at by applying to the basic rate of pension the multiplier given in Schedule 1 for the year in which the pension began, and by a further 18 per cent, of the rate as so increased; b a pension beginning on or before 1st April 1969 but not earlier than that year may be increased by 18 per cent, of the basic rate ; c a pension beginning in the six months following 1st April 1969 may be increased by 16 per cent, of the basic rate; d a pension beginning in the six months following 1st October 1969 may be increased by 14 per cent, of the basic rate; e a pension beginning in the six months following 1st April 1970 may be increased by 10 per cent, of the basic rate; f a pension beginning in the six months following 1st October 1970 may be increased by 6 per cent, of the basic rate. 2 In the case of a pension beginning before the year 1969 the increase authorised by subsection (1)(a) above shall take the place of those authorised by the Pensions (Increase) Acts 1920 to 1969, but in the cases provided for by section 6 below shall be of the larger amount there specified by reference to increases that might have been made under those Acts. Future reviews and increases 2 1 Subject to the provisions of this section, the Minister for the Civil Service, as soon as may be after 31st March in the year 1973 and every second year thereafter, shall review the rates of official pensions against any rise there may have been in the cost of living during the review period, that is to say, the two years ending with that date ; and if it is found that in the review period the cost of living has risen by four per cent, or more, then the Minister shall by order provide that the annual rate of an official pension may, if a qualifying condition is satisfied, be increased in accordance with the order in respect of any period beginning on or after 1st September next following the review period. 2 Subject to subsection (3) below, the increases to be provided for by an order under this section shall be as follows: — a for pensions beginning on or before the first day of the review period the increase shall be in the proportion (to the nearest one-tenth of one per cent.) in which the cost of living has risen during the review period; and b for pensions beginning in the half year following that day or in any of the succeeding half years up to that ending with the day after the end of the review period, the increases shall be in the proportion (to the nearest one-tenth of one per cent.) in which the cost of living is found to have risen between the basis period for that half year and the end of the review period, if the cost of living in the basis period is taken as the mean of the monthly figures. For purposes of paragraph (b) above, the basis period for any half year is the six months ending with the first month of the half year or, if the cost of living is lower in the half year than in those six months, is the half year itself. 3 Where the rise referred to in subsection (2)(b) above is less for any half year than four per cent., there shall only be an increase for pensions beginning in that half year if there is one for pensions beginning in a later half year, and the increase (if there is one) shall be four per cent.; but where this subsection prevents there being an increase for pensions beginning in any half year, then the order made in respect of the next review period shall for those pensions authorise, instead of an increase calculated in accordance with subsection (2)(a) above, such increase as would result if that prevented by this subsection had been made and were followed by one calculated in accordance with subsection (2)(a) by reference to the rate as so increased. 4 Where on any review under this section (including a review made by virtue of this subsection) it is not found that the cost of living has risen by four per cent, or more in the review period, then there shall be a further review in the next year for the same review period extended by twelve months ; and if on a review made by virtue of this subsection it is found that the cost of living has risen by four per cent, or more in the (extended) review period, the provisions of this section shall apply accordingly, and later reviews shall be made at intervals of two years thereafter until this subsection again applies. 5 On any review under this section the cost of living shall be assessed by such means as the Minister thinks appropriate. 6 The increases in the rate of a pension that may be provided for by an order under this section are to be calculated, except as otherwise stated in this Part of this Act, by reference to the basic rate of the pension as authorised to be increased by section 1 above or by any earlier order under this section ; but an order under this section may be made so as to incorporate the effect, in whole or in part, of section 1 above or of any earlier order under this section, and may repeal or amend any provision of that section or of any such order accordingly. 7 An order under this section shall be made by statutory instrument, which shall be laid before Parliament after it is made. Qualifying conditions 3 1 A pension shall not be increased under this Part of this Act unless one of the conditions laid down by this section (in this Act referred to as " qualifying conditions ") is satisfied. 2 A pension payable in respect of the pensioner's own services shall not be increased unless the pensioner — a has attained the age of sixty years ; or b has retired on account of physical or mental infirmity from the office or employment in respect of which, or on retirement from which, the pension is payable; or c is a woman who has at least one dependant; or the pension authority are satisfied that the pensioner is disabled by physical or mental infirmity. 3 A pension payable in respect of the services of any person other than the pensioner, not being the pensioner's deceased husband, shall not be increased unless the pensioner — a has attained the age of sixty years ; or b has not attained the age of sixteen years ; or c is receiving full-time instruction at an educational establishment; or d is undergoing training for a trade, profession or vocation in such circumstances that he is required to devote the whole of his time to that training for a period of not less than two years ; or e is a woman who has at least one dependant; or the pension authority are satisfied that the pensioner is disabled by physical or mental infirmity. 4 A pension payable in respect of the services of the pensioner's deceased husband shall not be increased unless the pensioner — a has attained the age of forty years ; or b has at least one dependant; or the pension authority are satisfied that the pensioner is disabled by physical or mental infirmity. 5 For the purposes of this section, a pensioner shall be deemed to be disabled by physical or mental infirmity if he is permanently incapacitated by such infirmity from engaging in any regular full-time employment. 6 Subject to subsection (7) below, " dependant" in this section means, in relation to a pensioner, a person who the pension authority are satisfied is wholly or mainly supported by the pensioner and who either has not attained the age of sixteen years or is receiving full-time instruction at an educational establishment or is undergoing training as mentioned in subsection (3)(d) above. 7 Where a pension payable to a woman at 31st August 1971 is then payable at a rate increased under the Pensions (Increase) Acts 1920 to 1969 by reason only that she is, and has since 1st April 1956 been, wholly or mainly supporting another person, being either — a her, or her deceased husband's, father, mother, brother, sister, child, uncle or aunt; or b the child of any such person as is mentioned in paragraph (a) above; or c her step-father or step-mother; or d a person undergoing training for any trade, profession or vocation; then so long as the pension authority are satisfied that she continues wholly or mainly to support that person and, if this subsection applies only by virtue of paragraph (d), that person continues to undergo training for a trade, profession or vocation, that person shall be deemed for purposes of this section to be the woman's dependant. In this subsection " child" includes a step-child and an illegitimate child, and includes also a child adopted in pursuance of an order made by any court in the United Kingdom or adopted in accordance with the law of the place where the adopter was domiciled at the time of the adoption. 8 The Minister for the Civil Service may by order made by statutory instrument provide for reducing (or further reducing) the age sixty in subsection (2)(a) or (3)(a) above, or in both, to any age not less than fifty-five, and this section shall have effect subject to any such order for the time being in force; but a statutory instrument under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament. Effect of re-employment 4 1 Where a person has been in receipt of an official pension in respect of any service, and in consequence of any further service rendered by him the pension falls to be recalculated as to its basic rate and to be treated for purposes of this Act as beginning at a later date, then the rate of the pension as recalculated, with any increase under this Part of this Act apart from this section, may be further increased up to the rate, if it is higher, at which the pension would have been payable with any such increase if — a the further service had not been rendered; and b where the pension is one of those specified in subsection (4) below and the recalculation is on the basis there mentioned, the length of the previous service had been increased by the length of the further service. 2 Where a person has terminated his service in circumstances such that he is or may become eligible for an official pension, but has not been in receipt of that pension before rendering further service in consequence of which the pension falls to be recalculated or to be calculated on a different basis, subsection (1) above shall apply as it would apply if he had been in receipt of the pension before rendering the further service. 3 Where the basic rate of a derivative pension, not being a substituted pension, falls to be calculated by reference to that of a principal pension which is authorised to be increased under subsection (1) or (2) above (or which would have been, if the further service had been terminated by retirement), the derivative pension may be increased in the way in which subsection (1) above authorises (or would have authorised) the principal pension to be increased ; and for this purpose the reference in subsection (1)(b) to the pension is to be taken as a reference to the principal pension, not the derivative pension. 4 Subsection (1)(b) above shall apply to pensions specified in paragraphs 4, 18 to 21 and 50 of Schedule 2 to this Act, and also to those specified in paragraphs 22(b) and 23 if computed under the Superannuation Acts 1834 to 1949, but shall apply only in a case where the recalculation falls to be made by reference — a to the aggregate of the further service and the previous service; and b to emoluments attributed to a period immediately preceding the termination of the further service not lower than the emoluments by reference to which the pension was to be calculated before the further service. Scope of Act, and general powers to extend and adapt increases 5 1 For purposes of this Act " official pension " means, subject to subsection (2) below, any of the pensions specified in Schedule 2; and in the case of a pension specified in Part II of the Schedule it shall be the duty of a pension authority, except as otherwise provided by section 9(7) below, to increase the pension in accordance with this Act. 2 The Minister for the Civil Service may by regulations provide that this Act shall have effect in relation to any pensions not specified in Schedule 2 as if they were specified in such Part of that Schedule as may be directed by the regulations; and regulations under this subsection — a may include such incidental, consequential and supplemental provisions as appear to the Minister to be expedient; and b may in particular make provision for securing that the cost of increasing any pension is borne by the appropriate authority. 3 The Minister for the Civil Service, if satisfied in the case of any official pension that it is proper so to do, may by regulations direct (either generally or in relation to a particular review under section 2 above) that the provisions of this Act shall apply in relation to that pension subject to such modifications, adaptations and exceptions as may be specified in the regulations. The power conferred by this subsection on the Minister for the Civil Service may be exercised also, with his consent, by the Lord Chancellor or the Secretary of State. 4 Any regulations under this section may provide for increases to take effect from a date before the making of the regulations. Preservation for certain purposes of benefit of previous Acts 6 1 If in the case of an official pension beginning before the year 1969 the 1969 standard is less than the 1971 rate of the pension with the addition (if any) to be made to that rate under subsection (5) below, then the increase that may be made in the pension under section 1(1)(a) above shall be of the amount necessary to bring the annual rate up to 118 per cent, of the 1971 rate or, if subsection (5) below applies, to 118 per cent, of the 1971 rate with the addition under that subsection. 2 For any pension that qualified for an increase under the Pensions (Increase) Act 1920, the 1971 rate shall be taken to be the annual rate at which it is being paid on 31st August 1971 (or, if payment is then suspended, was last paid before that date). 3 Where an official pension not falling within subsection (2) above is being paid on 31st August 1971 at a rate which includes any relevant increases, then the annual rate at which it is then being paid shall be taken as the 1971 rate, unless it is shown that the rate should have been revised or there is a change of circumstances that would affect the 1971 rate if ascertained under subsection (4) below. 4 Subject to the provisions of this section, the Minister for the Civil Service shall by order prescribe tables and rules for ascertaining, for any pension to which subsection (1) above may apply (other than a pension falling within subsection (2) above), the annual rate at which it would be payable if paid with any relevant increases; and the rate so ascertained shall be taken to be the 1971 rate, unless subsection (3) above applies. 5 Where a pension beginning on or before 1st April 1961 is one that (but for this Act) might have been increased under section 1 of the Pensions (Increase) Act 1962, and any of the qualifying conditions other than those specified in section 3(3)(b), (c) and (d) above is satisfied, then there shall for purposes of this section be made to the 1971 rate as ascertained under subsection (4) above an addition of the amount prescribed by order of the Minister for the Civil Service as corresponding to that of the increase provided for by section 2 of that Act (additional increase for pensioners over 70); and where subsection (3) above applies, the like addition shall be made to the 1971 rate given by that subsection, unless the pensioner had attained the age of 70 on or before 31st August 1971. 6 The annual rate of official pensions beginning after the year 1968 may, if any qualifying condition is satisfied, be increased by the pension authority in respect of any period beginning on or after 1st September 1971 by such amounts as may be prescribed by order of the Minister for the Civil Service as corresponding to those of any increases that might (but for this Act) have been made in the case of those pensions under the Pensions (Increase) Acts 1944 and 1947 or the Pensions (Increase) Act 1956; and where the rate of a pension may be increased under this subsection, any increase under section 1 or 2 above shall be calculated by reference to the rate as so increased as if it were the basic rate. 7 Orders made for the purposes of this section shall include such provision as may be necessary to enable the pensions to which subsections (1), (5) and (6) relate to be identified without reference to the Pensions (Increase) Acts 1920 to 1969, except that pensions which qualified for an increase under the Pensions (Increase) Act 1920 need not be otherwise identified. 8 This section shall have effect subject to any provision made in the exercise of the powers conferred by section 5(3) above; and accordingly an order under this section may disregard any provision made in the exercise of corresponding powers conferred by the Pensions (Increase) Acts 1920 to 1969 or of powers conferred by section 17 of the Ministerial Salaries and Members' Pensions Act 1965 (past Prime Ministers), and may also disregard section 7(1) of the Judicial Pensions Act 1959. 9 An order under this section shall take no account of any provision of the Pensions (Increase) Acts 1920 to 1969 whereby a fraction of a pound was to be treated as a whole pound and may make such other departures from the effect of those Acts as in the opinion of the Minister will, without materially reducing the rate of any pension, simplify the tables or rules or make for ease of calculation. 10 For purposes of this section, " relevant increase " means, in relation to any pension, any increase that might (but for this Act) have been made in the annual rate of the pension under section 1 of any of the following Acts, that is to say the Pensions (Increase) Act 1944, the Pensions (Increase) Act 1952, the Pensions (Increase) Act 1956, the Pensions (Increase) Act 1959, the Pensions (Increase) Act 1962, the Pensions (Increase) Act 1965 and the Pensions (Increase) Act 1969; but an order under this section may for purposes of subsection (4) treat as a relevant increase any increase authorised by or under any enactment by reference to a relevant increase, and may repeal or amend the provision authorising it accordingly. 11 An order made (or purporting to be made) under this section shall have effect notwithstanding any error or omission in reproducing the effect of any Act or instrument, but may be amended by a further order for the purpose of correcting any such error or omission; and any such amendment may be made so as to have effect from such date as may be specified in the further order (including a date before the making of that order), and with such savings and transitional provisions as the Minister thinks proper. 12 An order under this section shall be made by statutory instrument; and if an order made by virtue of subsection (11) above has the effect of reducing the rate of any pension, the statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament. Administrative provisions 7 1 In this Act " pension authority " means, except as otherwise provided in Part III of Schedule 2 to this Act, the authority by whom the pension is payable; but the Minister for the Civil Service or, with his approval, the Secretary of State may by regulations provide that, in relation to any class of pensions specified in the regulations, all or any of the functions of the pension authority under this Act shall be performed on behalf of the pension authority by such other authority as may be so specified. 2 The provisions of Schedule 3 to this Act shall have effect with regard to the manner in which the cost of increases under this Act is to be borne in the cases there mentioned and with regard to other incidental and consequential matters. 3 Subject to the provisions of this Act, any provision made by or under any enactment shall, in so far as it relates to the apportionment of the cost of a pension between two or more authorities or funds, or to the manner in which a pension is to be paid or borne, or to the proof of title to sums payable on account of a pension, or in so far as it prohibits or restricts the assignment or charging of a pension or its application towards the payment of debts, have effect in relation to any increase of the pension under this Act as it has effect in relation to the pension: Provided that this subsection, in so far as it relates to the apportionment of the cost of an increase under this Act, shall have effect subject to any agreement between the authorities concerned. 4 Except as provided by subsection (3) above or by Schedule 3 to this Act, an increase of a pension under this Act shall not be treated as part of the pension for the purposes of any provision made by or under any enactment; and in calculating the rate of a derivative pension, any increase under this Act of the principal pension shall be disregarded. Meaning of " pension", and other supplementary provisions 8 1 For purposes of this Act " pension " includes (subject to section 9 below) — a any allowance or other benefit payable (either in respect of the services of the pensioner or in respect of the services of any other person) by virtue of any superannuation scheme, whether contained in an enactment or otherwise, including a superannuation scheme providing benefits in the case of injury or death; and b any compensation payable in respect of retirement from an office or employment in pursuance of the provisions of an enactment, any compensation payable in respect of the loss, abolition or relinquishment of an office or employment occasioned by an alteration in the organisation of a department or service or by a transfer or other reorganisation of the functions of local authorities, and any compensation payable in respect of a diminution in the emoluments of an office or employment which has been occasioned as aforesaid. 2 A pension shall be deemed for purposes of this Act to begin on the day following the last day of the service in respect of which the pension is payable (whenever the pension accrues or becomes payable), except that — a an earnings-related pension based, directly or indirectly, on emoluments received for a period not ending with the last day of that service, other than a substituted pension, is to be deemed to begin on the day following the last day of that period ; and b a substituted pension is to be deemed to begin on the same day as the original pension, or, if earlier, on the day from which the surrender of the original pension takes effect. 3 Where an earnings-related pension beginning before the year 1969 may be payable either at a rate fixed, directly or indirectly, by reference to emoluments or at a flat rate, the 1969 standard and, if relevant, the 1971 rate of the pension according to either of its rates shall be determined without regard to the other. Gratuities and lump sums 9 1 References in this Act to a pension shall not apply to any payment made by way only of a return of contributions, with or without interest; but, subject to that, this Act shall apply in relation to any allowance, benefit or compensation whether it takes the form of periodical payments or of a gratuity or other lump sum. 2 In relation to a lump sum — a references to the time when a pension begins shall apply in accordance with section 8(2) above as in the case of a pension taking the form of periodical payments; and b references to increasing a pension in respect of a period beginning at any time shall have effect as references to increasing any sum becoming payable at or after that time on account of the lump sum or any instalment of it; and c references to the rate of a pension shall have effect as references to the amount of the lump sum or an instalment of it, as the case may require. 3 In respect of any lump sum or instalment of a lump sum which becomes payable between 1st April and 1st September 1971 there may be paid under section 1 above on or after 1st September 1971 the same increase as if it became payable on that date. 4 In respect of any lump sum or instalment of a lump sum which becomes payable in the half year ending with the day following the last day of a review period, or in any of the preceding half years beginning in the review period other than the first such half year, but for which the beginning date (as determined under section 8(2) above) fell before the half year in question, the order made under section 2 in respect of the review period shall authorise payment of an increase proportionate (to the nearest one-tenth of one per cent.) to any rise which the cost of living in that half year shows over the cost in the half year following the first day of the review period or, if the beginning date fell after the last-mentioned half year, then over the cost in the half year in which the beginning date fell. The cost of living in any half year is to be taken for purposes of this subsection as the mean of the monthly figures. 5 For purposes of section 4 above any addition to a lump sum which would have resulted from treating the length of the previous service as being increased by the length of the further service in accordance with section 4(1)(b) shall be supposed not to have become payable until the day following that on which the further service in fact terminated. 6 Nothing in section 6 above shall apply to any lump sum. 7 The provisions of this section relating to lump sums shall not apply to the gratuities specified in subsection (8) below, and in relation to those gratuities section 6 above shall have effect as if they had all been included in section 6(1) of the Pensions (Increase) Act 1962 (and not only those payable in respect of local government service); but section 5(1) above shall not require a local authority to increase any such gratuity. 8 The gratuities to which subsection (7) above applies are — a any gratuity granted by way of periodical payments under any of the following enactments: — i section 23 of the Local Government and other Officers' Superannuation Act 1922 ; ii paragraph 4 of Part I of Schedule 1 to the Local Government (Clerks) Act 1931; iii section 11 of the Local Government Superannuation Act 1937 or of the Local Government Superannuation (Scotland) Act 1937 ; b any gratuity granted by way of periodical payments or by way of an annuity under section 18 of the Local Government Superannuation Act 1953 ; c any gratuity granted by way of periodical payments or by way of an annuity under any local Act (or provisional order confirmed by Parliament) corresponding to any of the enactments mentioned in paragraphs (a) and (b) above. Any question whether a local Act or provisional order corresponds to any of the enactments mentioned in paragraphs (a) and (b) above shall be determined, in the event of dispute, by the Secretary of State. PART II Special Extensions Overseas government pensions (India, Pakistan and Burma) 10 The Secretary of State, with the approval of the Minister for the Civil Service, may by regulations direct that, in relation to any of the following pensions, that is to say. — a any of the pensions specified in Schedule 4 to this Act; and b any pension of which the cost is to be reimbursed in whole or in part by Her Majesty's Government in the United Kingdom to the Government of India, Pakistan or Burma under arrangements made in pursuance of section 1 of the Overseas Aid Act 1966, or in respect of which the Secretary of State determines, with the consent of the Minister, that Her Majesty's Government would be prepared to enter into arrangements for the cost to be so reimbursed; the provisions of Part I of this Act shall, with such modifications, adaptations and exceptions as may be specified in the regulations, apply as if the pension were an official pension specified in Part I of Schedule 2. Other overseas government pensions 11 1 The Secretary of State may, with the approval of the Minister for the Civil Service, make regulations authorising the payment by the Secretary of State, in respect of pensions to which this section applies or any class of such pensions, of supplements of such amount as may be specified in the regulations in accordance with this section. 2 This section applies — a to any pension described in Schedule 5 to this Act and falling within subsection (3) below ; and b to any pension payable by the Secretary of State under section 5(1) of the Superannuation (Miscellaneous Provisions) Act 1967 (former officers of government of Palestine); and c to any pension of which the cost is to be reimbursed in whole or in part by Her Majesty's Government in the United Kingdom to the government of an overseas territory (other than the government of India, Pakistan or Burma) under arrangements made in pursuance of section 1 of the Overseas Aid Act 1966, or in respect of which the Secretary of State determines, with the consent of the Minister for the Civil Service, that Her Majesty's Government would be prepared to enter into arrangements for the cost to be so reimbursed ; except that it does not apply to compensation which is payable either by way of lump sum or by instalments over a fixed period and which appears to the Secretary of State to be payable in consequence of constitutional changes or circumstances arising from such changes in any territory or territories. 3 This section shall apply to a pension by virtue of subsection (2)(a) above if the pension — a is payable to or in respect of a person who is certified by the Secretary of State, with the consent of the Minister for the Civil Service (or has been certified by any Minister under section 3 of the Pensions (Increase) Act 1962) as having been an overseas officer in relation to any territory in or for which any services giving rise to the pension were rendered ; and b in the case of a derivative pension, is payable either by the government of an overseas territory or in accordance with an enactment, scheme or other instrument specified in the regulations as being approved by the Secretary of State for the purposes of this section. 4 The supplements which may be authorised by regulations under this section in the case of pensions of any class are supplements, in respect of a period beginning on or after 1st September 1971, of amounts which, when account is taken of any increase or supplement payable in respect of the pensions apart from this section and other additions to the value of those pensions, appear to the Secretary of State to correspond as nearly as may be with the increases payable under Part I of this Act on official pensions. 5 Regulations under this section may make different provision in relation to different classes of pension, and — a may prescribe the manner in which applications for supplements under this section are to be made and the evidence required in connection with such applications ; and b contain such other incidental provisions as the Secretary of State thinks fit. 6 The consent of the Minister for the Civil Service under subsection (3) above may be given generally in respect of persons of such descriptions as may be specified in the consent and subject to such limitations (if any) as may be so specified. 7 For the purposes of this section " overseas territory " means any territory or country outside the United Kingdom, and " government of an overseas territory " includes a government constituted for two or more overseas territories and any authority established for the purpose of providing or administering services which are common to, or relate to matters of common interest to, two or more overseas territories. Other overseas pensions 12 1 Where it appears to the Secretary of State just so to do having regard to things done by, or to the responsibilities of, the government of any overseas territory at a time when Her Majesty exercised jurisdiction there through Her Majesty's Government in the United Kingdom, the Secretary of State may, with the approval of the Minister for the Civil Service, make regulations authorising the payment by the Secretary of State, in respect of pensions to which this section applies or any class of such pensions, of supplements of such amounts as may be specified in the regulations in accordance with this section. 2 This section applies to pensions payable wholly or partly in respect of service in the overseas territory, being service rendered to any authority or institution in the overseas territory other than the government of the overseas territory, and rendered by a person who is certified by the Secretary of State, with the consent of the Minister for the Civil Service, as having been an overseas officer in relation to that territory: Provided that this section does not apply to a derivative pension unless it is payable either by the government of the overseas territory or in accordance with an enactment, scheme or other instrument specified in the regulations as being approved by the Secretary of State for the purposes of this section. 3 The consent of the Minister for the Civil Service under subsection (2) above may be given generally in respect of persons of such descriptions as may be specified in the consent and subject to such limitations (if any) as may be so specified. 4 Subsections (4), (5) and (7) of section 11 of this Act shall apply in relation to this section as they apply in relation to that. Pensions under approved pension schemes, 13 1 The Minister for the Civil Service may make regulations for conferring on persons who — a are or have been employed in the civil service of the State; and b were recruited and are or were so employed in a territory outside the United Kingdom ; and c are or were subject to a superannuation scheme approved by the Minister for purposes of this section ; such benefits (enjoyable after the termination of the employment) as appear to the Minister to be appropriate having regard to the benefits provided by Part I of this Act for persons whose superannuation benefits are regulated under the Superannuation Act 1965 and to the circumstances of that territory. 2 The Minister for the Civil Service may make regulations for conferring on persons who — a are or have been employed in the civil service of the State or in any capacity listed in Schedule 6 to this Act; and b are or were subject to a superannuation scheme operated under the Federated Superannuation System for Universities, to the Federated Superannuation Scheme for Nurses and Hospital Officers or to any other scheme approved by the Minister for the purposes of this section; such benefits (enjoyable after the termination of the employment) as appear to the Minister to be appropriate having regard to the benefits provided by Part I of this Act for persons whose superannuation benefits are regulated under the Superannuation Act 1965. 3 The Minister for the Civil Service may also make regulations for empowering or requiring a local authority to provide such benefits as aforesaid for persons who are or have been employed by the authority or, in connection with functions afterwards transferred to the authority, have been employed by another local authority, and who are or were subject to any such superannuation scheme as is mentioned in subsection (2)(b) above. 4 Any power to make regulations conferred by this section on the Minister for the Civil Service shall be exercisable also, with his approval, by the Secretary of State. 5 Regulations under this section may make different provision for different classes of person, and may provide for benefits to take effect from a date before the making of the regulations. PART III Supplementary Adjustment of police pensions 14 1 Regulations made under section 1 of the Police Pensions Act 1948 so as to take effect from 1st September 1971 may, notwithstanding anything in section 3 of that Act, include provisions relating to pensions payable to or in respect of persons who have been members of a police force, but have ceased to be so or died before the date when the regulations come into operation, in so far as those provisions appear to the Secretary of State to be necessary or expedient in connection with the passing of this Act. 2 Regulations made under section 1 of the Police Pensions Act 1948, and stating that they contain only such provisions as appear to the Secretary of State to be necessary or expedient in connection with the passing of this Act, may be made to take effect from 1st September 1971 although made after that date; and regulations made under that section with respect only to derivative pensions, other than substituted pensions, and stating that they contain only such provisions as appear to the Secretary of State to be necessary or expedient in connection with an order under section 2 above, may be made to take effect from the same 1st September as that order, although made after that date. 3 Where it appears to the Secretary of State expedient to postpone the operation of this Act with respect to any pensions pending the making with respect to them of provision under section 5(3) above, or the making with respect to them under section 1 of the Police Pensions Act 1948 of such provision as may be necessary or expedient in connection with the passing of this Act (or pending consideration of the question of making any such provision), he may by regulations under section 1 of that Act provide that, so long as the regulations remain in force, the provisions of this Act other than this section shall not affect those pensions. 4 Subsections (2) and (3) above shall apply in relation to regulations under section 34 or 35 of the Police Act 1964, or under section 26 or 27 of the Police (Scotland) Act 1967, as they apply in relation to regulations under section 1 of the Police Pensions Act 1948. 5 In any case in which by subsection (2) above regulations under section 1 of the Police Pensions Act 1948 are authorised to be made with retrospective effect, then whether or not they are so made, they may be made without compliance with section 1(7) of that Act (which requires regulations under the section to be approved in draft by both Houses of Parliament); but where by virtue of this subsection any regulations are made without compliance with section 1(7), the statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament; and this subsection shall apply to regulations made by virtue of subsection (3) above as it applies to those authorised by subsection (2) to be made with retrospective effect. Adjustment of fire service pensions 15 1 Any order of the Secretary of State varying the Firemen's Pension Scheme with effect from 1st September 1971 may include provisions relating to pensions payable to or in respect of persons who have been members of a fire brigade, but have ceased to be so or died before the date when the order comes into operation, in so far as those provisions appear to the Secretary of State to be necessary or expedient in connection with the passing of this Act. 2 Any order of the Secretary of State varying the Firemen's Pension Scheme with effect from any 1st September from which an order under section 2 above takes effect may make such provision as appears to the Secretary of State to be necessary or expedient in connection with the order under section 2 for increasing any flat-rate pensions, notwithstanding that the pensions are payable to or in respect of persons who have ceased to be members of a fire brigade or died before the date when the order varying the Scheme comes into operation. 3 An order of the Secretary of State varying the Firemen's Pension Scheme, and stating that it contains only such provisions as appear to him to be necessary or expedient in connection with the passing of this Act, may be made to take effect from 1st September 1971, although made after that date; and an order of the Secretary of State varying the Scheme, and stating that it contains only such provisions as appear to him to be necessary or expedient in connection with an order under section 2 above, may be made to take effect from the same 1st September as that order, although made after that date. 4 Where a pension payable under the Firemen's Pension Scheme is or has been granted at the higher of a flat rate and a rate fixed by reference to emoluments, then — a no increase shall be made by virtue of section 1 or 2 above in the flat rate or in any substituted pension computed by reference to the flat rate ; and b the flat rate may be increased by virtue of subsection (2) above as if the pension were a flat-rate pension. 5 Where a pension payable under the Firemen's Pension Scheme, or any such pension as is mentioned in paragraph 45 or 46 of Schedule 2 to this Act, is or has been granted at the higher of a flat rate and a rate fixed by reference to emoluments, the grant shall have effect, in relation to any period beginning on or after 1st September 1971, as a grant at whichever rate is for the time being the higher after account is taken of the operation of this Act. 6 Where it appears to the Secretary of State expedient to postpone the operation of this Act with respect to any pensions payable under the Firemen's Pension Scheme pending the making with respect to them of provision under section 5(3) above, or the making with respect to them under section 26 of the Fire Services Act 1947 of such provision as may be necessary or expedient in connection with the passing of this Act (or pending consideration of the question of making any such provision), he may by order under section 26 of that Act provide that, so long as the order remains in force, the provisions of this Act other than this section shall not affect those pensions; and any order made by virtue of this subsection may be revoked or varied by a further order under section 26. 7 The order to be made under section 6 above may omit any special provision which, apart from this subsection, would be required for pensions payable under the Firemen's Pension Scheme or for pensions mentioned in paragraph 45 or 46 of Schedule 2 to this Act, if it appears to the Minister for the Civil Service, having regard in particular to any changes or proposed changes in the Scheme, that the provision is more appropriately or conveniently made by regulations under section 5(3) above. 8 In this section " the Firemen's Pension Scheme " means a scheme in force under section 26 of the Fire Services Act 1947; but nothing in this section shall authorise any alteration of provisions of the Scheme having effect by virtue of section 27(3) of that Act (which provides for certain features of previous arrangements to be incorporated in the Scheme where a person has so elected under the section), and subsection (4)(a) above shall not prevent an increase being made under this Act in the rate of a pension where the rate depends on section 27(3). Expenses 16 There shall be defrayed out of moneys provided by Parliament — a any expenditure incurred by a government department under or by virtue of this Act; and b any increase attributable to any provision of this Act in the sums payable out of moneys so provided under any other enactment. Interpretation 17 1 For purposes of this Act, unless the context otherwise requires. — " basic rate " means the annual rate of a pension apart from any increase under or by reference to this Act or any enactment repealed by this Act, or any corresponding increase made otherwise than under or by reference to this Act or an enactment repealed by it; " derivative pension " and " principal pension " mean a pension which is not, and one which is, payable in respect of the pensioner's own services; " earnings-related pension " means a pension computed by reference to a rate of emoluments (whether actual emoluments or not and whether final or average emoluments), or payable at alternative rates one of which is so computed, and includes a derivative pension computed by reference to the rate of an earnings-related pension; " flat rate " means a rate fixed otherwise than by reference to a rate of emoluments or to the rate of another pension, and " flat-rate pension" means a pension payable at a flat rate only, but includes a derivative pension computed by reference to the rate of a flat-rate pension; " local authority " and " local government service " have the meanings given by Schedule 3 to this Act; " pension " has the meaning given by section 8 above, "official pension" that given by section 5(1), and " pension authority " that given by section 7(1), and the time when a pension " begins" is that stated in section 8(2); " qualifying condition " means one of the conditions laid down by section 3 above ; " substituted pension " means a pension granted in consideration of the surrender of the whole or part of another pension (" the original pension "). 2 References in this Act to an enactment include an enactment in a local Act and a provisional order confirmed by Parliament. 3 Any power to make regulations which is conferred by this Act is a power exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. Repeal, and transitional provisions 18 1 The enactments mentioned in Schedule 7 to this Act are hereby repealed to the extent specified in column 3 of the Schedule, but without prejudice to the operation of the repealed provisions as respects any period ending on or before 31st August 1971. 2 Where at 31st August 1971 authority to increase or supplement any pensions is given by regulations under any enactment repealed by subsection (1) above, being an enactment corresponding to any provision of Part II of this Act, then in respect of any period between that date and the coming into force of regulations under that provision there may be paid on those pensions the like increase or supplement, and the cost shall be defrayed in the same way, as if this Act had not been passed ; and the first regulations made with respect to any pensions under any provision of Part II may take effect from 1st September 1971, notwithstanding that they are made after that date (but not so as to reduce any increase or supplement payable by virtue of this subsection in respect of a period before they come into force). 3 Where at 31st August 1971 there are in force with respect to any official pensions (other than pensions to which section 14(3) or 15(6) above applies) regulations under any enactment repealed by subsection (1) above, being an enactment corresponding to section 5(3) above, then unless or until regulations come into force under section 5(3) with respect to those pensions, or the Minister for the Civil Service by order made by statutory instrument directs that this subsection shall not apply to them, those pensions shall not be increased in accordance with this Act, but the like increases may be paid as if this Act had not been passed. 4 Except as otherwise provided by or under this Act, the repeal by this Act of the Pensions (Increase) Acts 1920 to 1969 shall not affect the operation of any provision made otherwise than by or under those Acts and authorising increases in pensions by reference to increases under those Acts or any of them. 5 The enactments mentioned in Schedule 8 to this Act are hereby repealed to the extent specified in column 3 of the Schedule, but subject to the saving in Part II of the Schedule. Short title and extent 19 1 This Act may be cited as the Pensions (Increase) Act 1971. 2 This Act extends to Great Britain only, except that — a it extends to Northern Ireland in relation to pensions payable under Schedule 8 to the Government of Ireland Act 1920 (former Irish civil servants) or payable to or in respect of an existing Irish officer within the meaning of that Act under the Superannuation Acts 1834 to 1965, or payable under or by virtue of any other Act extending to Northern Ireland out of the Consolidated Fund of the United Kingdom or out of moneys provided by the Parliament of the United Kingdom; and b it extends to Northern Ireland, the Isle of Man and the Channel Islands in relation to pensions payable by the trustees of a trustee savings bank or by the Inspection Committee of trustee savings banks ; and c section 18(5) and Part II of Schedule 8 extend to Northern Ireland. SCHEDULES SCHEDULE 1 Table for conversion of basic rate to 1969 standard Section 1. [Note: — The year to be taken is that in which the pension is, under section 8(2), to be treated as beginning.] Year Multiplier Year Multiplier Year Multiplier Any year up to 1951 1.886 1960 1.383 1952 1.728 1961 1.338 1944 3.052 1953 1.675 1962 1.282 1945 2.583 1954 1.645 1963 1.258 1946 2.348 1955 1.574 1964 1.218 1947 2.327 1956 1.501 1965 1.162 1948 2.179 1957 1.448 1966 1.118 1949 2.119 1958 1.404 1967 1.091 1950 2.059 1959 1.397 1968 1.042 SCHEDULE 2 Official Pensions Sections 4, 5, 7 and 15. PART I State Pensions Ministerial and parliamentary 1 A pension payable under section 3 of the Ministerial Salaries Consolidation Act 1965 (Prime Ministers). 2 A pension payable under the Lord Chancellor's Pension Act 1832. 3 A pension payable under Mr. Speaker Morrison's Retirement Act 1959 or the Hon. Lady Hylton-Foster's Annuity Act 1965. Civil Service 4 A pension payable under the Superannuation Acts 1965 and 1967. Administration of justice 5 A pension payable under any of the following: — a the Appellate Jurisdiction Act 1876 (Lords of Appeal); b section 14 of the Supreme Court of Judicature (Consolidation) Act 1925 (higher judiciary in England and Wales); c the Judges' Pensions (Scotland) Act 1808 (higher judiciary in Scotland); d section 19 of the Supreme Court of Judicature Act (Ireland) 1877 (higher judiciary in Northern Ireland). 6 A pension payable out of the Consolidated Fund or out of moneys provided by Parliament, under Part I of the Administration of Justice (Pensions) Act 1950 (widows and children of judges and senior officials in the legal system, including the Chairman and Deputy Chairman of the Monopolies Commission). 7 A pension payable under section 9 of the County Courts Act 1934 (county court judges). 8 A pension payable under section 20 of the Sheriff Courts (Scotland) Act 1907 or section 1 of the Sheriffs' Pensions (Scotland) Act 1961 (sheriffs and salaried sheriffs-substitute). 9 A pension payable under section 34(1) of the Courts-Martial (Appeals) Act 1951 (Judge Advocate General). 10 A pension payable under section 4(5) of the Criminal Justice Administration Act 1956 (Recorder of Manchester or Liverpool). 11 A pension payable under the Superannuation (President of the Industrial Court) Act 1954. 12 A pension payable under section 2(6) of the Lands Tribunal Act 1949 to a former member of the Lands Tribunal. 13 A pension payable under the Police Magistrates (Superannuation) Acts 1915 and 1929. Police and firemen 14 A pension payable by a Secretary of State under the Police (Overseas Service) Act 1945 to a person who at the time of his retirement was engaged as mentioned in section 1(1) of the Act. This paragraph includes a substituted pension not so payable if the original pension is so payable. 15 A pension payable by a Secretary of State under the Police Pensions Act 1948 to a person who at the time of his retirement — a was engaged as mentioned in section 1(1) of the Police (Overseas Service) Act 1945 ; or b was engaged in service in respect of which the provisions of section 5 of the Overseas Service Act 1958 had effect; or c was serving as an inspector or assistant inspector of constabulary under the Police Act 1964 or the Police (Scotland) Act 1967; or d was engaged in central service pursuant to section 43 of the Police Act 1964 or section 38 of the Police (Scotland) Act 1967. This paragraph includes a substituted pension not so payable if the original pension is so payable. 16 A pension payable by a Secretary of State in accordance with a scheme in force under section 26 of the Fire Services Act 1947. This paragraph does not apply to a flat-rate pension, except where the rate depends on section 27(3) of that Act. Teachers 17 A pension payable under the Elementary School Teachers (Superannuation) Acts 1898 to 1912. 18 A pension payable under the Teachers (Superannuation) Acts 1918 to 1956. This paragraph does not include — a a pension specified in paragraph 56 of this Schedule ; or b so much of any pension payable under the said Acts of 1918 to 1956 as would not have been payable apart from an election under section 10(1) of the Teachers (Superannuation) Act 1956. 19 A pension payable under the Education (Scotland) Acts 1939 to 1967. This paragraph does not include a pension granted under Regulation 45 of the Teachers (Superannuation) (Scotland) Regulations 1957. 20 A pension payable under regulations made under section 1 or section 7 of the Teachers' Superannuation Act 1967. 21 A pension payable under the Teachers Superannuation (Scotland) Act 1968. National health service 22 A pension payable by a Secretary of State under or by virtue of any of the following: — a section 6 of the National Health Service Act 1946 or of the National Health Service (Scotland) Act 1947 (former officers of voluntary hospitals) ; b section 67 or 68 of the National Health Service Act 1946 or section 66 or 67 of the National Health Service (Scotland) Act 1947 (former officers of hospital authorities and others engaged in health services). 23 A pension payable by a Secretary of State in consequence of any change affecting the National Health Service and payable — a in pursuance of an order under section 11(9) of the National Health Service Act 1946 ; or b under regulations made under section 60(2) of the Local Government Act 1958, section 85(4) of the London Government Act 1963 or section 35 of the Health Services and Public Health Act 1968. National insurance 24 A pension payable by a Secretary of State in pursuance of regulations made under section 67 of the National Insurance Act 1946 (loss of employment or diminution of emoluments attributable to passing of that Act. of former employees of approved societies etc.). 25 A pension payable in pursuance of rules made under section 3 of the Superannuation (Miscellaneous Provisions) Act 1948 (former employees of approved societies etc.). This paragraph does not include a pension payable under the Superannuation Acts 1965 and 1967. 26 A pension payable under section 79 of the National Insurance Act 1965 (National Insurance Commissioners). Diplomatic, colonial and overseas service 27 A pension payable under the Governors Pensions Acts 1957 and 1967. 28 A pension payable under the Judges Pensions (India and Burma) Act 1948. 29 A pension payable under the Diplomatic Salaries &c. Act 1869. Service in Ireland 30 A pension payable under Schedule 8 to the Government of Ireland Act 1920 (former Irish civil servants). 31 A pension payable to or in respect of an existing Irish officer within the meaning of the Government of Ireland Act 1920, under the Superannuation Acts 1834 to 1965. 32 A pension payable under the enactments relating to pensions of the Royal Irish Constabulary. This paragraph does not include a pension payable under regulations made under section 1 of the Royal Irish Constabulary (Widows' Pensions) Act 1954. Miscellaneous 33 A pension payable by a Secretary of State in respect of service as officer of a local valuation panel, under regulations made under section 85(4) of the London Government Act 1963. 34 A pension payable under section 29 of the Finance Act 1932, section 60 of the Finance (No. 2) Act 1945 or section 62 of the Finance Act 1946 (compensation to tax collectors and assessors for loss of employment). 35 A pension payable by way of residual compensation under Part IV of the Gas (Staff Compensation) Regulations 1949 as amended by the Gas (Staff Compensation) (Amendment) Regulations 1951 (gas meter examiners and others employed by local authorities before nationalisation). 36 A widow's pension payable by a Secretary of State in accordance with a scheme framed by the then Army Council under the Injuries in War (Compensation) Act 1914 (Session 2) for established civil servants employed abroad within the sphere of military operations. 37 A pension payable by a Secretary of State under regulations-made under section 17(5) of the Reserve Forces Act 1966 (civilian employees of Territorial and Auxiliary Forces Associations). 38 A pension payable by a Secretary of State in respect of service with the St. Andrew's Ambulance Association, by reference to regulations made under section 4 of the Public Expenditure and Receipts Act 1968. PART II Pensions out of Local Funds Local government service 39 A pension payable by a local authority in respect of service ending with local government service, other than a pension within paragraph 44, 45 or 52 of this Schedule or within the exception from paragraph 44. Administration of justice 40 A pension payable under section 33 of the Justices of the Peace Act 1949 (stipendiary magistrates). 41 A pension payable by a local authority under Part I of the Administration of Justice (Pensions) Act 1950 (widows and children of stipendiary magistrates and of chairmen and deputy chairmen of London Sessions). 42 A pension payable under section 22 of the Administration of Justice (Pensions) Act 1950 (chairmen and deputy chairmen of London Sessions). Police and firemen 43 A pension payable (otherwise than as mentioned in paragraph 14 or 15 above) under any of the following: — a the Police Pensions Act 1948, or any enactment repealed by that Act or by the Police Pensions Act 1921; b section 34 or 35 of the Police Act 1964 ; c section 26 or 27 of the Police (Scotland) Act 1967. This paragraph does not include a derivative pension other than a substituted pension, nor a substituted pension if the original pension was a derivative pension. 44 A pension payable by a local authority, in respect of service as a member of a fire brigade, in accordance with a scheme in force under section 26 of the Fire Services Act 1947. This paragraph does not apply to a flat-rate pension, except where the rate depends on section 27(3) of that Act. 45 A pension payable by a local authority, otherwise than as mentioned in paragraph 44 above, in respect of — a service as a professional fireman (as defined by the Fire Brigade Pensions Act 1925); or b service which, by or under any. enactment, is treated as approved service in a fire brigade. 46 A derivative pension payable under the Police Pensions Act 1921 in respect of a person to whom the National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 applied at the time of that person's death or retirement. Court and police staffs 47 A pension payable by a local authority in England or Wales under any enactment other than section 15(1) to (7) of the Superannuation (Miscellaneous Provisions) Act 1967 in respect of — a service as a justices' clerk or as the employee of a justices' clerk ; or b service as a person employed by a magistrates' courts committee to assist a justices' clerk. 48 A pension payable by the Greater London Council in respect of service ending with employment by the committee of magistrates for the inner London area. 49 A pension payable by the Greater London Council under any enactment in respect of service in the employment of the standing joint committee for the county of London as clerk of the peace or deputy clerk of the peace or in any other capacity. 50 A pension payable under section 15(1) to (7) of the Superannuation (Miscellaneous Provisions) Act 1967 (metropolitan civil staffs). 51 A pension payable by a local authority, or by a police authority in England or Wales other than a local authority, under any enactment other than section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 in respect of service ending with — a service as a civilian employed under section 10 of the Police Act 1964 by such a police authority; or b service as a traffic warden employed by such a police authority under section 2 of the Road Traffic and Roads Improvement Act 1960 or section 81(9) of the Road Traffic Regulation Act 1967. 52 A pension payable by a police authority under regulations made under section 60(2) of the Local Government Act 1958, section 85(4) of the London Government Act 1963 or section 4 of the Public Expenditure and Receipts Act 1968 (compensation for loss of employment or emoluments due to reorganisation of local government etc.). Probation and after-care service 53 A pension payable in accordance with regulations under Schedule 4 to the Local Government Superannuation Act 1953 in respect of service as a probation officer or as a person appointed to assist a probation officer in the performance of his duties by a probation and after-care committee, by the Secretary of State or, before 1st July 1944, by a probation officer. 54 A pension payable by a local authority in England and Wales in respect of service as a member of the staff of an approved probation home or an approved probation hostel. 55 A pension payable by a probation and after-care committee under regulations made under section 60(2) of the Local Government Act 1958 or section 85(4) of the London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government). Teachers and school staff 56 A pension payable by a local authority under section 14(3)(b) of the Teachers (Superannuation) Act 1925. 57 A pension payable by a local authority in England or Wales under any enactment in respect of service as an employee of the managers of a non-provided school within the meaning of the Education Act 1921 or a voluntary school within the meaning of the Education Act 1944. 58 A pension payable by a local authority in England or Wales under any enactment in respect of service as an employee of the governing body of any school or educational institution (other than a public elementary school or a county or voluntary school) if the whole cost of maintaining the school or educational institution after deducting such part of the cost (if any) as is met by the governing body fell or falls to be met by the local authority. 59 A pension payable by a local authority in respect of service as a member of the staff of an approved school. Miscellaneous 60 A pension payable by a local authority under any enactment in respect of service as a registration officer as defined in section 40 of the Local Government Superannuation Act 1937 or section 34 of the Local Government Superannuation (Scotland) Act 1937. 61 A pension payable under section 6 of the Coroners (Amendment) Act 1926 (county and borough coroners). 62 A pension payable by a local authority in respect of service as a clerk, officer or servant employed under section 47 of the Local Government Act 1948 or section 92 of the General Rate Act 1967 by a local valuation panel. 63 A pension payable by a local authority in respect of service ending with service as a rent officer or deputy rent officer under section 22 or 24 of the Rent Act 1965 or section 40 of the Rent Act 1968. 64 A pension payable by a local authority by way of such compensation as is mentioned in section 8(1)(b) of this Act. PART III Other Pensions 65 A pension payable by the trustees of a trustee savings bank or by the Inspection Committee of trustee savings banks. 66 A pension payable in respect of service with, or as compensation for loss of employment on the winding up of, the Raw Cotton Commission. In relation to a pension within this paragraph the Minister for the Civil Service shall be taken to be the pension authority. 67 A pension payable by the Greater London Council or the council of a London borough under section 80(9) to (11) of the London Passenger Transport Act 1933. 68 A pension payable by the council of the London borough of Southwark in respect of employment in the borough market, Southwark. SCHEDULE 3 Further Administrative, Incidental and Consequential Provisions Sections 7 and 17. Liability for cost of increase of certain local authority, police and fire service pensions 1 1 Where a pension to which this paragraph applies is increased under this Act, the cost of the increase shall be defrayed by the pension authority; but where the pension authority are not the last employing authority, the last employing authority shall reimburse to the pension authority that cost or so much of it as is not required by paragraph 2 below to be reimbursed by some other authority or to be borne by the pension authority. 2 For the purposes of this paragraph, " the last employing authority " means, in relation to a pension, the authority to whom the latest services in respect of which the pension is payable were rendered, unless the functions in connection with which they were rendered have been transferred to another authority ; and where they have been so transferred, " the last employing authority " means the authority by whom those functions are for the time being exercisable. 3 Any question who are the last employing authority for the purposes of this paragraph shall, in default of agreement, be determined by the Secretary of State. 4 Nothing in this paragraph shall affect the operation in relation to increases under this Act of the provisions of section 14 of the Police Act 1890 and section 10 of the Police Pensions Act 1921 as to the payment of pensions partly out of the police fund and partly out of moneys provided by Parliament. 5 This paragraph applies to the pensions specified in the following paragraphs of Schedule 2 to this Act, that is to say, paragraphs 39, 44, 45, 47, 48, 49, 51, 53, 54, 56 to 60, 62 and 63. 2 1 Where a pension to which this paragraph applies is increased under this Act, and by virtue of section 7(3) any part of the cost of the increase would, but for paragraph 1 above, be apportioned to a fund not administered by the pension authority, that part of the cost shall be reimbursed to the pension authority; and the cost of reimbursement shall be defrayed and borne as if it were the cost of an increase under this Act on a separate pension payable out of that fund in respect of the employment giving rise to the apportionment to that fund. 2 Where a pension to which this paragraph applies is increased under this Act, and — a the pension is payable partly in respect of service in respect of which another such pension was payable (" the previous service ") and partly in respect of further service rendered after the termination of the previous service; and b different authorities are the last employing authority in relation to the two pensions, but the cost of the final pension does not fall to be apportioned ; then so much of the cost of the increase as is referable to the previous service on an apportionment made according to the length of that service as compared with that of the further service shall be reimbursed to the pension authority by the authority who are the last employing authority in relation to the earlier pension (or, if the pension authority are that authority, shall be borne by the pension authority and shall not be reimbursed in accordance with paragraph 1 above by the last employing authority). 3 Paragraphs 1(2) and (3) above shall apply for purposes of this paragraph as they apply for purposes of paragraph 1. 4 This paragraph applies to the same pensions as paragraph 1 above, except that it does not apply to pensions specified in paragraphs 44, 45 and 56 of Schedule 2. Pensions of former civil servants payable by Post Office 3 It shall be the duty of the Post Office to increase in accordance with this Act any pension which is payable under the Superannuation Acts 1965 and 1967 but in relation to which the Post Office are the pension authority by virtue of section 44 of the Post Office Act 1969 ; and where under that Act part of a pension so payable is to be paid by the Post Office and part is not, this Act shall apply as if the two parts were separate pensions. Re-employed teachers 4 Any reference to the Pensions (Increase) Acts 1920 to 1969 (or any of them) which is contained — a in regulation 50 of the Teachers' Superannuation Regulations 1967, as inserted by regulation 13 of the Teachers' Superannuation (Amendment) Regulations 1970 ; or b in regulation 50 of the Teachers Superannuation (Scotland) Regulations 1969 ; shall have effect, in relation to any period after 31st August 1971, as a reference to Part I of this Act (but without prejudice to the power to vary or revoke those regulations). Retired staff of former approved schools etc. 5 In Schedule 3 to the Children and Young Persons Act 1969 (which relates to the arrangements to take effect on an institution ceasing under section 46 to be an approved school, remand home, approved probation hostel or approved probation home), for paragraph 1(3) there shall be substituted — 3 In respect of any such superannuation or other benefits as are referred to in sub-paragraph (2)(b) of this paragraph, being benefits to which a person became entitled before the specified date and to which the Pensions (Increase) Act 1971 does not apply, the section 46 order may contain such provisions for securing the payment of additional amounts (calculated by reference to increases under that Act or under any enactment repealed by it) as the Secretary of State considers appropriate having regard to any arrangements obtaining with respect to those benefits before the specified date. Meaning of " local authority " and " local government service " 6 1 For the purposes of this Act " local authority " means — a in England and Wales the Greater London Council, the Common Council of the City of London, the council of a county, county borough, London borough or county district and any other local authority within the meaning of the Local Loans Act 1875 ; and b in Scotland any county council, town council or district council and any other authority to whom section 270 of the Local Government (Scotland) Act 1947 applies. 2 References in this Act to a local authority shall apply also — a to any joint board or joint committee established under or by virtue of any Act if all the constituent authorities are local authorities ; and b to any other joint committee established by a combination scheme under section 5(1) and (2) of the Local Government and other Officers' Superannuation Act 1922 or under section 2 of the Local Government Superannuation Act 1937 or the Local Government Superannuation (Scotland) Act 1937; and c in relation to cases where they are the employing authority for purposes of the Local Government Superannuation Act 1937 or the Local Government Superannuation (Scotland) Act 1937, any passenger transport executive established under section 9(1) of the Transport Act 1968. 7 1 For the purposes of this Act " local government service " means service under any local authority, but includes service which by virtue of any enactment mentioned in sub-paragraph (2) below is, for superannuation purposes, treated as service under a local authority. 2 The enactments referred to in sub-paragraph (1) above are — a the following enactments (which relate to war service), that is to say. — i sections 2 and 3 of the Local Government (Emergency Provisions) Act 1916 ; ii section 12(3) of the Local Government Superannuation Act 1937 or of the Local Government Superannuation (Scotland) Act 1937; iii section 3 of the Local Government Staffs (War Service) Act 1939 ; and b section 51(4) (firemen employed in training institutions) of the London County Council (General Powers) Act 1949. SCHEDULE 4 Overseas Government Pensions (India, Pakistan and Burma) Section 10. 1 A pension which would be payable out of the revenues of India or Pakistan but for arrangements to which section 1 of the Pensions (India, Pakistan and Burma) Act 1955 applies. 2 A pension payable out of the revenues of India or Pakistan to a person resident outside India, Pakistan, Burma and Aden in respect of any relevant services to the Crown, being either — a service which ended before 15th August 1947 ; or b service of which the termination was attributable to the passing of the Indian Independence Act 1947 ; or c service which began at a time earlier than 15th August 1947 and was rendered by a person who in the opinion of the Secretary of State was at that time domiciled outside Asia. The service relevant to this paragraph is service by virtue of which the pensioner has pension rights in relation to any of the funds listed below and any other service in a civil capacity ; it is immaterial whether the service was rendered by the pensioner or by another person, and " pension rights " includes, in relation to any person, all forms of right to, or eligibility for, the present or future payment of a pension to or in respect of that person. List of funds The Bengal Military Fund and Orphans' Society ; The Bombay Military Fund ; The Madras Military Fund ; The Madras Medical Fund ; The Indian Navy Fund ; The Indian Civil Service Family Pension Fund (Untransferred); The Superior Services (India) Family Pension Fund (Untransferred); The Indian Military Widows' and Orphans' Fund (Untransferred) ; The Indian Military Services Family Pension Fund (Untransferred); The Bengal and Madras Service Family Pension Fund. 3 A derivative pension payable in respect of service in respect of which the principal pension would have fallen within any paragraph of this Schedule or within section 10(b) of this Act, and by virtue of which the pensioner has pension rights in relation to any of the funds listed below; " pension rights " includes all forms of right to, or eligibility for, payment of a pension. List of funds The Indian Civil Service Family Pension Fund (Transferred); The Superior Services (India) Family Pension Fund (Transferred); The Indian Military Widows' and Orphans' Fund (Transferred); The Indian Military Service Family Pension Fund (Transferred). 4 A pension payable from the revenues of Burma to a person resident outside Burma, India, Pakistan and Aden and payable in respect of service in a civil capacity in Burma, being either — a service which ended before 4th January 1948 ; or b service of which the termination was attributable to the passing of the Burma Independence Act 1947 ; or c service which began at a time earlier than 4th January 1948 and was rendered by a person who in the opinion of the Secretary of State was at that time domiciled outside Asia. 5 A pension payable to or in respect of a member of the staff of the High Commissioner for India or the High Commissioner for Pakistan who at some time before he was transferred to the staff of the High Commissioner had been an officer or servant on the permanent establishment of the Secretary of State in Council of India. 6 A pension payable to or in respect of a person who was appointed to the staff of the Auditor of the Accounts of the Secretary of State for India in Council before the 1st April 1937. 7 A pension payable to or in respect of a European officer or European warrant officer of the Royal Indian Marine. SCHEDULE 5 Other Overseas Government Pensions Section 11. 1 A pension in respect of service under the government of an overseas territory by a person who — a was at any time selected for initial appointment to service under the government of an overseas territory by a Minister of the Crown in the United Kingdom, or was recruited by the Crown Agents for Oversea Governments and Administrations ; or b was at any time recruited to a post for which, in the opinion of the Secretary of State, a normal channel of recruitment would have been either the Colonial Office or the Crown Agents for Oversea Governments and Administrations ; or c was at any time a member of Her Majesty's Overseas Civil Service or Her Majesty's Overseas Judiciary ; or d was at any time a designated officer under an Overseas Service Aid Scheme Agreement. 2 A pension in respect of service under the Sudan Government by a person who, in the opinion of the Secretary of State, entered the service of that Government in a pensionable capacity before 17th July 1954. 3 A pension in respect of service under the Egyptian Government by a person who, in the opinion of the Secretary of State, entered the service of that Government in a pensionable capacity before 15th March 1922, and who was a British subject when he entered such service. 4 A pension for the payment of which the Crown assumed responsibility under the Instrument of Cession of Sarawak dated 21st May 1946 or the North Borneo Transfer Agreement dated 26th June 1946. 5 A pension in respect of service in any of the armed forces of the Crown raised in an overseas territory, not being a pension payable under any warrant or other instrument made by virtue of Her Majesty's prerogative in respect of such forces. 6 A pension in respect of service in an auxiliary or special police force raised in an overseas territory, not being a pension payable to or in respect of a person who at the time of his retirement either — a was engaged as mentioned in section 1(1) of the Police (Overseas Service) Act 1945 ; or b was engaged in service in respect of which the provisions of section 5 of the Overseas Service Act 1958 had effect; nor a pension payable under any warrant or other instrument made by virtue of Her Majesty's prerogative in respect of such forces. SCHEDULE 6 Employments Relevant to Section 13(2) Section 13. The following employments shall be included in section 13(2)(a) of this Act, namely. — a employment in the College of Domestic Arts of South Wales and Monmouthshire; b employment by the Wheat Commission ; c employment (otherwise than as a constable) under the Commissioner of Police of the Metropolis or the Receiver for the metropolitan police district, being employment remunerated out of the Metropolitan Police Fund; d service as a justices' clerk for the inner London area or other officer employed by the committee of magistrates for that area, other than service to which Regulation 2(1) of the Superannuation (Inner London Magistrates' Courts) Regulations 1965 applies; e employment as an officer of a Regional Hospital Board, Board of Governors of a teaching hospital (or, in Scotland, Board of Management), Executive Council or other body constituted under the National Health Service Act 1946 or the National Health Service (Scotland) Act 1947 and any other employment as an officer engaged in health services provided under either of those Acts or otherwise (but not including health services provided by a local health authority or other local authority) ; f practice as a medical practitioner providing general medical services or as a dental practitioner providing general dental services (within the meaning of the National Health Service Act 1946 or the National Health Service (Scotland) Act 1947); g employment to which the Oversea Superannuation Scheme applied; h any other employment specified for this purpose by regulations of the Minister for the Civil Service. SCHEDULE 7 Consequential Repeals Section 18. Chapter Short Title Extent of Repeal 10 & 11 Geo. 5. c. 36 . The Pensions (Increase) Act 1920. The whole Act. 14 & 15 Geo. 5. c. 32 . The Pensions (Increase) Act 1924. The whole Act. 7 & 8 Geo. 6. c. 21 . The Pensions (Increase) Act 1944. The whole Act. 10 & 11 Geo. 6. c. 7 . The Pensions (Increase) Act 1947. The whole Act. 11 & 12 Geo. 6. c. 24 . The Police Pensions Act 1948. In Schedule 1, paragraphs 15 and 20. 12, 13 & 14 Geo. 6. c. 44 . The Superannuation Act 1949. Section 48(1) to (4). Section 62(3). 15 & 16 Geo. 6 & 1 Eliz. 2. c. 45 . The Pensions (Increase) Act 1952. The whole Act. 1 & 2 Eliz. 2. c. 25 . The Local Government Superannuation Act 1953. In Schedule 4, paragraph 4. 2 & 3 Eliz. 2. c. 25 . The Pensions (Increase) Act 1954. The whole Act. 3 & 4 Eliz. 2. c. 22 . The Pensions (India, Pakistan and Burma) Act 1955. Section 3(1), except the words preceding paragraph (a) and except paragraph (c). In Schedule 2, Parts I and II. 4 & 5 Eliz. 2. c. 39 . The Pensions (Increase) Act 1956. The whole Act. 6 & 7 Eliz. 2. c. 64 . The Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958. In Schedule 4, paragraphs 5 and 19. 7 & 8 Eliz. 2. c. 50 . The Pensions (Increase) Act 1959. The whole Act. 8 & 9 Eliz. 2. c. 9 . The Judicial Pensions Act 1959. Section 7(1) and (2). 10 & 11 Eliz. 2. c. 30 . The Northern Ireland Act 1962. Section 26(2). 11 & 12 Eliz. 2. c. 2 . The Pensions (Increase) Act 1962. The whole Act. 1965 c. 11 . The Ministerial Salaries and Members' Pensions Act 1965, Section 17. 1965 c. 58 . The Ministerial Salaries Consolidation Act 1965. Section 3(3) from "but" onwards. 1965 c. 78 . The Pensions (Increase) Act 1965. The whole Act. 1969 c. 7 . The Pensions (Increase) Act 1969. The whole Act. SCHEDULE 8 Repeals of Spent Provisions Section 18. PART I Outright Repeals Chapter Short Title Extent of Repeal 1 & 2 Geo. 6. c. 31 . The Scottish Land Court Act 1938. Section 1(3) 11 & 12 Geo. 6. c. 26 . The Local Government Act 1948. In section 140, in subsection (1), the words " the Central Valuation Committee, the Railway Assessment Authority ", and subsection (3)(f) with the preceding " and ". 11 & 12 Geo. 6. c. 33 . The Superannuation (Miscellaneous Provisions) Act 1948. Section 13, so far as unrepealed. 8 & 9 Eliz. 2. c. 9 . The Judicial Pensions Act 1959. Section 3(2). Section 7(3). Section 9(3). 1967 c. 73 . The National Insurance Act 1967. In Schedule 7, paragraph 7. 1969 c. 44 . The National Insurance Act 1969. Section 10(2). 1969 c. 63 . The Police Act 1969. Section 5. 1970 c. 51 . The National Insurance (Old persons' and widows' pensions and attendance allowance) Act 1970. Section 8(6). PART II Repeals with saving for Existing Pensions Chapter Short Title Extent of Repeal No repeal included in this Part of this Schedule shall affect the operation of any enactment (including an enactment of the Parliament of Northern Ireland) in relation to pensions for service ending before the passing of this Act. 8 Edw. 7. c. 38 . The Irish Universities Act 1908. Section 16(8). 9 & 10 Geo. 5. c. 19 . The Local Government (Ireland) Act 1919. Section 8. 10 & 11 Geo. 5. c. 67 . The Government of Ireland Act 1920. Section 9(4). Sections 54 and 55. Sections 57 to 59. In section 68, subsection (1) from the words " or any Act" onwards and subsection (2). Schedule 8. 13 Geo. 5. Sess. 2. c. 2 . The Irish Free State (Consequential Provisions) Act 1922 (Session 2). In Schedule 1, paragraph 7(2). 25 & 26 Geo.5. c. 23 . The Superannuation Act 1935. Section 18(2). 12, 13 & 14 Geo.6. c. 44 . The Superannuation Act 1949. Section 56. 10 & 11 Eliz. 2. c. 30 . The Northern Ireland Act 1962. Section 26(1) and (3). 1965 c. 74 . The Superannuation Act 1965. Section 101.

The Rules of the Supreme Court (Amendment No. 4) 1971 We, the Rule Committee of the Supreme Court, being the authority having for the time being power under section 99(4) of the Supreme Court of Judicature (Consolidation) Act 1925 to make, amend or revoke rules regulating the practice and procedure of the Supreme Court of Judicature, hereby exercise those powers and all other powers enabling us in that behalf as follows: — PART I CITATION, COMMENCEMENT AND INTERPRETATION 1 1 These Rules may be cited as the Rules of the Supreme Court (Amendment No. 4) 1971. 2 Parts I and III of these Rules and rules 45, 46 and 48 shall come into operation on 31st August 1971, and the remainder shall come into operation on 1st October 1971. 3 In these Rules an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965, as amended . 4 The Interpretation Act 1889 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament. PART II AMENDMENTS CONSEQUENTIAL ON THE RECONSTITUTION OF THE HIGH COURT 2 Order 1 shall be amended as follows: — 1 In rule 4(2), for the words “registrar of the Probate, Divorce and Admiralty Division” there shall be substituted the words “the Admiralty Registrar or any registrar of the Family Division” . 2 The following rule shall be inserted after rule 4: — Construction of references to proceedings in Queen's Bench Division, etc 4A In these Rules, unless the context otherwise requires — a any reference to proceedings in the Queen's Bench Division shall be construed as including a reference to proceedings in the Commercial Court but not to proceedings in the Admiralty Court; and b any reference to a master, if it relates only to a master of the Queen's Bench Division, shall in relation to any Admiralty cause or matter be construed as including the Admiralty Registrar. 3 In Order 4, rule 9, for paragraph (2) there shall be substituted the following paragraph: — 2 Paragraph (1) shall apply in relation to registrars of the Family Division, and as between masters of the Queen's Bench Division and the Admiralty Registrar, as it applies in relation to masters. 4 In Order 11, rule 1, the following sub-paragraph shall be inserted after sub-paragraph (1): — m if the action is a probate action within the meaning of Order 76. 5 Order 12 shall be amended as follows: — 1 In rule 8, for paragraph (2) there shall be substituted the following paragraph: — 2 An application under this rule must be made — a in an action in the Queen's Bench Division, by summons: b in any other action, by summons or motion. 2 In rule 9, the following paragraph shall be inserted after paragraph (3): — 3A Where an originating summons to which an appearance is required is issued out of the principal registry of the Family Division, the appropriate office for entering an appearance is in all cases that registry; and where an originating summons by which proceedings assigned to the Family Division are begun is issued out of a district registry, the appropriate office for entering an appearance is in all cases the district registry. 6 Order 28 shall be amended as follows: — 1 In rule 2, the following sub-paragraph shall be inserted at the end of paragraph (1): — c of the principal registry of the Family Division, where the cause or matter is assigned to the Family Division 2 In rule 9(3), after the words “Queen's Bench Division” there shall be inserted the words “or the Family Division” . 7 Order 32 shall be amended as follows: — 1 In rule 8(1), after the word “masters” there shall be inserted the words “the Admiralty Registrar” . 2 In rule 10, after the word “master” there shall be inserted the words “or to the Admiralty Registrar” . 8 Order 34 shall be amended as follows: — 1 In rule 3, sub-paragraph (e) of paragraph (5) shall be deleted. 2 In rule 4, the word “or” shall be inserted at the end of sub-paragraph (a); in sub-paragraph (b), for the words “the senior judge of the Chancery Division” there shall be substituted the words “the Vice-Chancellor” and the word “or” shall be deleted; and sub-paragraph (c) shall be deleted. 9 Order 35 shall be amended as follows: — 1 In rule 10, after the word “Division” where it first occurs there shall be inserted the word “and” , and the words “and of any probate action so tried” shall be deleted. 2 In rule 12, after the word “action” there shall be inserted the words “in the Queen's Bench Division” . 10 Order 37 shall be amended as follows: — 1 In rule 1(1), after the words “assessed by a master” there shall be inserted the words “or, in an Admiralty cause or matter, by the Admiralty Registrar.” 2 In rule 2(b), there shall be inserted at the end the words “except in an Admiralty cause or matter, when the certificate shall be filed in the Admiralty Registry.” 11 In Order 43, the following rule shall be added after rule 8: — Guardian's accounts 9 The accounts of a person appointed guardian of a minor's estate must be verified and passed in the same manner as that provided by Order 30 in relation to a receiver's account or in such other manner as the Court may direct. 12 In Order 46, rule 6(6)(b), for sub-paragraph (b) there shall be substituted the following sub-paragraph: — b where that cause or matter is proceeding in the principal registry of the Family Division, that registry; . 13 In Order 50, rule 9, after the words “a master” there shall be inserted the words “and the Admiralty Registrar” . 14 In Order 51, rule 2, after the words “a master” there shall be inserted the words “and the Admiralty Registrar” . 15 Order 54 shall be amended as follows: — 1 In rule 1(1), there shall be inserted at the beginning the words “Subject to rule 11” . 2 The following rule shall be inserted at the end: — Applications relative to the custody etc. , of minors 11 An application by a parent or guardian of a minor for a writ of habeas corpus ad subjiciendum relative to the custody, care or control of the minor must be made in the Family Division, and this Order shall accordingly apply to such applications with the appropriate modifications. 16 Order 56 shall be amended as follows: — 1 In rule 1(1), there shall be inserted at the beginning the words “Except where they relate to affiliation proceedings” . 2 The following rule shall be inserted after rule 4: — Appeals relating to affiliation proceedings 4A Appeals from a court of quarter sessions by case stated which relate to affiliation proceedings shall be heard and determined by a Divisional Court of the Family Division, and the foregoing provisions of this Order shall accordingly apply to such appeals with the substitution of references to the principal registry of the Family Division for references to the Crown Office and such other modifications as may be appropriate. 3 For rule 5 there shall be substituted the following rule: — Appeal from magistrates' court by case stated 5 1 Except as provided by paragraph (2), all appeals from a magistrates' court by case stated shall be heard and determined by a Divisional Court of the Queen's Bench Division. 2 An appeal by way of case stated against an order or determination of a magistrates' court shall be heard and determined by a Divisional Court of the Family Division if the order or determination appealed against was made or given in affiliation proceedings, or on an application under section 14 of the Matrimonial Proceedings and Property Act 1970 or if it relates to the enforcement of — a an order for the payment of money made by virtue of the Matrimonial Proceedings (Magistrates' Courts) Act 1960, b an order for the payment of money to a wife for her maintenance or for her maintenance and that of any child or children of hers, registered in a court in England or Wales under Part II of the Maintenance Orders Act 1950 or the Maintenance Orders (Facilities for Enforcement) Act 1920 or confirmed by such a court under the last-mentioned Act, or c an order for alimony, maintenance or other payments made or having effect as if made under Part II or III of the Matrimonial Causes Act 1965 or Part I of the Matrimonial Proceedings and Property Act 1970 and registered in a magistrates' court under the Maintenance Orders Act 1958. 17 Order 57 shall be amended as follows: — 1 In rule 2(3), there shall be inserted at the beginning the words “Except where it relates to proceedings in the Admiralty Court” . 2 The words “or the Admiralty Registry, as the circumstances of the case require” shall be deleted from rules 2(4)(c) and 3(a) and inserted in rules 2(4)(a), 3(b), 4(1) and (2) and 6 after the words “the Crown Office” . 3 In rule 2(4), after the words “Queen's Bench Division” there shall be inserted the words “(including the Admiralty Court)” . 4 In rule 5, after the words “the Crown Office” there shall be inserted the words “or the principal registry of the Family Division, as the circumstances of the case require” . 18 Order 58 shall be amended as follows: — 1 In rule 1(1), after the words “master of the Queen's Bench Division” there shall be inserted the words “the Admiralty Registrar or a” . 2 In rule 2(1), the words from “including” to “1882” in sub-paragraph (a) shall be omitted; and at the end there shall be inserted the following paragraph: — In this paragraph “master of the Queen's Bench Division” does not include the Admiralty Registrar. 3 In rule 2(2), the words from the beginning to “1882” shall be omitted, and for the words “any such registrar” there shall be substituted the words “a registrar of the Family Division” ; and in sub-paragraph (a), for the words “the said section 17” , there shall be substituted the words “section 17 of the Married Women's Property Act 1882” . 4 In rule 7(1), after the words “Queen's Bench Division” there shall be inserted the words “(including the Admiralty Court)” . 19 In Order 59, rule 5(5)(c), the words “in a probate cause or” shall be omitted. 20 In Order 61, rule 2, the following paragraph shall be added at the end: — 6 In this rule, references to a tribunal other than the Lands Tribunal include references to a judge of the Commercial Court acting as an arbitrator or umpire under section 4 of the Administration of Justice Act 1970 21 In Order 62, rule 1(1), in the fifth definition, the words “or Admiralty proceedings (as so defined)” shall be deleted; and for the definition of “registrar” there shall be substituted the following definition: — “ registrar ” (except where the context otherwise requires) means the Admiralty Registrar or a registrar of the Family Division; . 22 In Order 68, rule 1(1), after the words in brackets, there shall be inserted the words “and in every cause or matter taken in the Admiralty Court” . 23 Order 72 shall be amended as follows: — 1 In the title, the words “in the Queen's Bench Division” shall be omitted. 2 In rule 2(1), for the words after “provisions of this Order” there shall be substituted the words “for trial in the Commercial Court, and one of the Commercial Judges shall be in charge of that list.” 3 In rule 4(1), for the words “Commercial List” there shall be substituted the words “Commercial Court” . 4 In rule 5(3), for the words “commercial list” there shall be substituted the words “Commercial Court” ; and for the words “that list” where they first appear there shall be substituted the words “the commercial list.” 24 Order 74 shall be amended as follows: — 1 In the title, for the date “1965” there shall be substituted the date “1970” . 2 In rule 1(1), for the words “1965 shall be assigned to the Probate, Divorce and Admiralty Division” there shall be substituted the words “1970 shall be assigned to the Queen's Bench Division and taken by the Admiralty Court” . 3 In rule 1(2), the words from “and proceedings” to the end shall be deleted. 4 In rule 2(1), for the words “Probate, Divorce and Admiralty Division” there shall be substituted the words “Queen's Bench Division constituted so far as practicable of Admiralty Judges” . 25 Order 75 shall be amended as follows: — 1 In rule 1(2), in the definition of “limitation action”, for the date “1960” there shall be substituted the date “1970” . 2 In rule 2(1), for the words “section 56(3)” there shall be substituted the words “section 56(2)” ; for the words “Probate, Divorce and Admiralty Division” there shall be substituted the words “Queen's Bench Division” ; and at the end there shall be added the words “and taken by the Admiralty Court” . 3 In rule 22(7), rule 24(2), rule 25(5) and rule 35(1), for the words “the judge in person” there shall be substituted the words “a judge in person” ; and in rule 35(1), for the words “the judge” where they first appear there shall be substituted the words “a judge” . 4 In rule 26(3) and rule 30(6), for the words “President of the Probate, Divorce and Admiralty Division” there shall be substituted the words “Lord Chief Justice” . 5 Rule 29 shall be omitted. 6 In rule 33(1), for the words “Probate, Divorce and Admiralty Division and” there shall be substituted the words “Queen's Bench Division and taken by the Admiralty Court, and shall” . 7 In rule 36(3), the words “as it applies in relation to Queen's Bench proceedings so begun but” shall be omitted. 8 In rule 42(3), the words after “or in such other manner as may be agreed upon” shall be omitted: 26 For Order 76 there shall be substituted the following Order: — ORDER 76 CONTENTIOUS PROBATE PROCEEDINGS Application and interpretation 1 1 This Order applies to probate causes and matters, and the other provisions of these Rules apply to those causes and matters subject to the provisions of this Order. 2 In these Rules “ probate action ” means an action for the grant of probate of the will, or letters of administration of the estate, of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against the validity of an alleged will, not being an action which is non-contentious or common form probate business. 3 In this Order, “ will ” includes a codicil. Requirements in connection with issue of writ 2 1 A probate action must be begun by writ, and the writ must be issued out of the Central Office. 2 Before a writ beginning a probate action is issued it must be indorsed with — a a statement of the nature of the interest of plaintiff and of the defendant in the estate of the deceased to which the action relates; and b a memorandum signed by a master of the Chancery Division showing that the writ has been produced to him for examination and that two copies of it have been lodged with him. Parties to action for revocation of grant 3 Every person who is entitled or claims to be entitled to administer the estate of a deceased person under or by virtue of an unrevoked grant of probate of his will or letters of administration of his estate shall be made a party to any action for revocation of the grant. Lodgment of grant in action for revocation 4 1 Where, at the commencement of an action for the revocation of a grant of probate of the will or letters of administration of the estate of a deceased person, the probate or letters of administration, as the case may be, have not been lodged in court, then — a if the action is commenced by a person to whom the grant was made, he shall lodge the probate or letters of administration in the office of the Chief Master within 7 days after the issue of the writ; b if any defendant to the action has the probate or letters of administration in his possession or under his control, he shall lodge it or them in the office of the Chief Master within 14 days after the service of the writ upon him. In this paragraph “ court ” includes the principal registry of the Family Division or a district probate registry. 2 Any person who fails to comply with paragraph (1) may, on the application of any party to the action, be ordered by the Court to lodge the probate or letters of administration in the office of the Chief Master within a specified time; and any person against whom such an order is made shall not be entitled to take any step in the action without the leave of the Court until he has complied with the order. Affidavit of testamentary scripts 5 1 Unless the Court otherwise directs, the plaintiff and every defendant who has entered an appearance in a probate action must wear an affidavit — a describing any testamentary script of the deceased person, whose estate is the subject of the action, of which he has any knowledge or, if such be the case, stating that he knows of no such script, and b if any such script of which he has knowledge is not in his possession or under his control, giving the name and address of the person in whose possession or under whose control it is or, if such be the case, stating that he does not know the name or address of that person. 2 Any affidavit required by this rule must be filed, and an office copy thereof and any testamentary script referred to therein which is in the possession or under the control of the deponent, must be lodged in the judge's chambers within 14 days after the entry of appearance by a defendant to the action or, if no defendant enters an appearance therein and the Court does not otherwise direct, before an order is made for the trial of the action. 3 Where any testamentary script required by this rule to be lodged in the judge's chambers or any part thereof is written in pencil, then, unless the Court otherwise directs, a facsimile copy of that script, or of the page or pages thereof containing the part written in pencil, must also be lodged in the judge's chambers and the words which appear in pencil in the original must be underlined in red ink in the copy. 4 Except with the leave of the Court, a party to a probate action shall not be allowed to inspect an affidavit filed, are any testamentary script lodged, by any other party to the action under this rule, unless and until an affidavit sworn by him containing the information referred to in paragraph (1) has been filed. 5 In this rule “ testamentary script ” means a will or draft thereof, written instructions for a will made by or at the request or under the instructions of the testator and any document purporting to be evidence of the contents, or to be a copy, of a will which is alleged to have been lost or destroyed. Default of appearance 6 1 Order 13 shall not apply in relation to a probate action. 2 Where any of several defendants to a probate action fails to enter an appearance, the plaintiff, upon filing an affidavit proving due service of the writ, or notice of the writ, on that defendant may, after the time limited for appearing, proceed with the action as if that defendant had entered an appearance. 3 Where the defendant, or all the defendants, to a probate action, fails or fail to enter an appearance, then, unless on the application of the plaintiff the Court orders the action to be discontinued, the plaintiff may after the time limited for appearing by the defendant apply to the Court for an order for trial of the action. 4 Before applying for an order under paragraph (3) the plaintiff must file an affidavit proving due service of the writ, or notice of the writ, on the defendant and, if no statement of claim is indorsed on the writ, he must lodge a statement of claim in the judge's chambers. 5 Where the Court grants an order under paragraph (3), it may direct the action to be tried on affidavit evidence. Service of statement of claim 7 The plaintiff in a probate action must, unless the Court gives leave to the contrary or unless a statement of claim is indorsed on the writ, serve a statement of claim on every defendant who enters an appearance in the action and must do so before the expiration of 6 weeks after entry of appearance by that defendant or of 8 days after the filing by that defendant of an affidavit under rule 5, whichever is the later. Counterclaim 8 1 Notwithstanding anything in Order 15, rule 2(1), a defendant to a probate action who alleges that he has any claim or is entitled to any relief or remedy in respect of any matter relating to the grant of probate of the will, or letters of administration of the estate, of the deceased person which is the subject of the action must add to his defence a counterclaim in respect of that matter. 2 If the plaintiff fails to serve a statement of claim, any such defendant may, with the leave of the Court, serve a counterclaim and the action shall then proceed as if the counterclaim were the statement of claim. Contents of pleadings 9 1 Where the plaintiff in a probate action disputes the interest of a defendant he must allege in his statement of claim that he denies the interest of that defendant. 2 In a probate action in which the interest by virtue of which a party claims to be entitled to a grant of letters of administration is disputed, the party disputing that interest must show in his pleading that if the allegations made therein are proved he would be entitled to an interest in the estate. 3 Without prejudice to Order 18, rule 7, any party who pleads that at the time when a will, the subject of the action, was alleged to have been executed the testator did not know and approve of its contents must specify the nature of the case on which he intends to rely, and no allegation in support of that plea which would be relevant in support of any of the following other please, that is to say: — a that the will was not duly executed, b that at the time of the execution of the will the testator was not of sound mind, memory and understanding, and c that the execution of the will was obtained by undue influence or fraud, shall be made by that party unless that other plea is also pleaded. Default of pleadings 10 1 Order 19 shall not apply in relation to a probate action. 2 Where any party to a probate action fails to serve on any other party a pleading which he is required by these Rules to serve on that other party, then, unless the Court orders the action to be discontinued or dismissed, that other party may, after the expiration of the period fixed by or under these Rules for service of the pleading in question, apply to the Court for an order for trial of the action; and if an order is made the Court may direct the action to be tried on affidavit evidence. Discontinuance and dismissal 11 1 Order 21 shall not apply in relation to a probate action. 2 At any stage of the proceedings in a probate action the Court may, on the application of the plaintiff or of any party to the action who has entered an appearance therein, order the action to be discontinued or dismissed on such terms as to costs or otherwise as it thinks just, and may further order that a grant of probate of the will, or letters of administration of the estate, of the deceased person, as the case may be, which is the subject of the action, be made to the person entitled thereto. 3 An application for an order under this rule may be made by motion or summons or by notice under Order 25, rule 7. Compromise of action: trial on affidavit evidence 12 Where, whether before or after the service of the defence in a probate action, the parties to the action agree to a compromise, the Court may order the trial of the action on affidavit evidence. Transmission of documents and orders between Family Registry and Chancery Chambers 13 1 If after a probate action has been commenced a master of the Chancery Division so requests, the principal registrar of the Family Division shall send him any documents in the custody of the principal registry of the Family Division, or of any district probate registry, which are relevant to that action. 2 Immediately after an order for the grant or revocation of probate or administration has been drawn up and entered, the chief registrar of the Chancery Division shall send an office copy of the order to the principal registry of the Family Division, together with any document of which probate or administration with the will annexed is to be granted. Application for order to bring in will, etc 14 1 Any application in a probate action for an order under section 26 of the Court of Probate Act 1857 shall be for an order requiring a person to bring a will or other testamentary paper into the office of the Chief Master or to attend in court for examination. 2 An application under paragraph (1) shall be made by summons in the action, which must be served on the person against whom the order is sought. 3 Any application in a probate action for the issue of a subpoena under section 23 of the Court of Probate Act 1858 shall be for the issue of a subpoena requiring a person to bring into the office of the Chief Master a will or other testamentary paper. 4 An application under paragraph (3) may be made ex parte and must be supported by an affidavit setting out the grounds of the application. 5 An application under paragraph (3) shall be made to a master who may, if the application is granted, authorise the issue of a subpoena accordingly. 6 Any person against whom a subpoena is issued under the said section 23 and who denies that the will or other testamentary paper referred to in the subpoena is in his possession or under his control may file an affidavit to that effect. Administration pendente lite 15 1 An application under section 163 of the Act for an order for the grant of administration may be made by summons issued in the Chancery Division. 2 Where an order for a grant of administration is made under the said section 163, Order 30, rules 2, 4 and 6 and (subject to sub-section (2) of the said section) rule 3, shall apply as if the administrator were a receiver appointed by the Court; and every application relating to the conduct of the administration shall be made in the Chancery Division. 27 In Order 80, paragraph (1) of rule 3, and rules 4 and 5, shall be omitted. 28 In Order 81, rule 10(2), for the words “or district registrar” there shall be substituted the words “or the Admiralty Registrar or a district registrar” . 29 Order 89, rule 1, shall be amended as follows: — 1 In paragraph (1), for the words from the beginning to “by which they” there shall be substituted the words “the originating summons by which proceedings under section 17 of the Married Women's Property Act 1882” . 2 In paragraph (2), the words from the beginning to “a master” shall be omitted. 3 In paragraph (3), the words “a master and” shall be omitted. 30 Order 91 shall be omitted, and Order 90 shall be re-numbered as Order 91; and the following Order shall be inserted after Order 89: — ORDER 90 MISCELLANEOUS PROCEEDINGS IN THE FAMILY DIVISION I GENERAL Interpretation 1 In this Order, “ principal registry ” means the principal registry of the Family Division, and “ registrar ” means a registrar of that Division. Assignment and commencement of proceedings 2 All proceedings to which this Order relates shall be assigned to the Family Division and, except as provided by rules 3 and 5, shall be begun in the principal registry. II PROCEEDINGS CONCERNING MINORS Application to make minor a ward of court 3 1 An application to make a minor a ward of court must be made by originating summons issued out of the principal registry or out of a district registry as defined by the matrimonial causes rules. 2 Where there is no person other than the minor who is a suitable defendant, an application may be made ex parte to a registrar for leave to issue either an ex parte originating summons or an originating summons with the minor as defendant thereto; and, except where such leave is granted, the minor shall not be made a defendant to an originating summons under this rule in the first instance. 3 Particulars of any summons under this rule issued in a district registry shall be sent by the district registrar to the principal registry for recording in the register of wards. When minor ceases to be a ward of court 4 1 A minor who, by virtue of section 9(2) of the Law Reform (Miscellaneous Provisions) Act 1949, becomes a ward of court on the issue of a summons under rule 3 shall cease to be a ward of court — a if an application for an appointment for the hearing of the summons is not made within the period of 21 days after the issue of the summons, at the expiration of that period; b if an application for such an appointment is made within that period, on the determination of the application made by the summons unless the Court hearing it orders that the minor be made a ward of court. 2 Nothing in paragraph (1) shall be taken as affecting the power of the Court under section 9(3) of the said Act to order that any minor who is for the time being a ward of court shall cease to be a ward of court. 3 If no application for an appointment for the hearing of a summons under rule 3 is made within the period of 21 days after the issue of the summons, a notice stating whether the applicant intends to proceed with the application made by the summons must be left at the registry in which the matter is proceeding immediately after the expiration of that period. Applications under Guardianship of Minors Act 1971 5 Where there is pending any proceeding by reason of which a minor is a ward of court, any application under the Guardianship of Minors Act 1971 (hereafter in this Part of this Order referred to as “ the Act of 1971 ”) with respect to that minor may be made by summons in that proceeding, but except in that case any such application must be made by originating summons issued out of the principal registry or out of a district registry as defined by the matrimonial causes rules. Defendants to guardianship summons 6 1 Where the minor with respect to whom an application under the Act of 1971 is made is not the plaintiff, he shall not, unless the Court otherwise directs, be made a defendant to the summons or, if the application is made by ordinary summons, be served with the summons, but, subject to paragraph (2) any other person appearing to be interested in, or affected by, the application shall be made a defendant or be served with the summons, as the case may be, including, where the application is made under section 5 of the Act of 1971 with respect to a minor who has been received into the care of a local authority under section 1 of the Children Act 1948, that authority. 2 The Court may dispense with service of the summons (whether originating or ordinary) on any person and may order it to be served on any person not originally served. Guardianship proceedings may be in chambers 7 Applications under the Act of 1971 may be disposed of in chambers. Applications for consent to marriage 8 1 Subject to paragraph (2), the provisions of this Order relating to applications under the Act of 1971 shall apply with the necessary modifications to applications under section 3 of the Marriage Act 1949 for obtaining the Court's consent to the marriage of a minor. 2 Where an application under the said section 3 is made in consequence of a refusal to give consent to a marriage every person who has refused consent shall be made a defendant to the summons and rule 6(1) shall not apply. Appeals and applications affecting minors 9 1 Every appeal to the High Court — a under section 16(2) or (3) of the Act of 1971 from a county court or magistrates' court, or b under section 10 of the Adoption Act 1958 from a magistrates' court, shall be heard and determined by a Divisional Court of the Family Division. 2 Order 55, rule 4(2), shall apply to any appeal under this rule, and subject thereto, rule 16 of this Order (except paragraph (2) thereof) shall apply with the necessary modifications to any such appeal as it applies to appeals under the Matrimonial Proceedings (Magistrates' Courts) Act 1960. 3 After entry of an appeal from a county court or magistrates' court under the Act of 1971 the Divisional Court may, on an application made ex parte or otherwise, make any order with respect to the custody or maintenance of the minor in question pending the appeal or otherwise as it thinks proper. Removal of guardianship proceedings from a county court 10 1 An application for an order under section 16(1) of the Act of 1971 for the removal of an application from a county court into the High Court shall be made by an originating summons issued out of the principal registry and, unless the Court otherwise directs, the summons need not be served on any person. 2 The application may be heard by a registrar, but, if an order is made for the removal to the High Court of an application to the county court, that application shall be heard by a single judge of the Family Division. 3 Where an order is made under the said section 16(1), the plaintiff must send a copy of the order to the registrar of the county court from which the proceedings are ordered to be removed. 4 On receipt by the proper officer of the documents referred to in Order 16, rule 19, of the County Court Rules 1936, that officer must forthwith file the said documents and give notice to all parties that the application removed is proceeding in the High Court. 5 The application so removed shall proceed in the High Court as if it had been made by originating summons issued out of the principal registry. Drawing up and service of orders 11 The provisions of the matrimonial causes rules relating to the drawing up and service of orders shall apply to proceedings under this Part of this Order as if they were proceedings under those rules. Jurisdiction of registrars 12 1 In proceedings to which this Part of this Order applies a registrar may transact all such business and exercise all such authority and jurisdiction as may be transacted and exercised by a judge in chambers. 2 Paragraph (1) is without prejudice to the power of the judges to reserve to themselves the transaction of any such business or the exercise of any such authority or jurisdiction. III OTHER PROCEEDINGS Application for declaration affecting matrimonial status 13 1 Where, apart from costs, the only relief sought in any proceedings is a declaration with respect to the matrimonial status of any person, the proceedings shall be begun by petition. 2 The petition shall state — a the names of the parties and the residential address of each of them at the date of presentation of the petition; b the place and date of any ceremony of marriage to which the application relates; c whether there have been any previous proceedings between the parties with reference to the marriage or the ceremony of marriage to which the application relates or with respect to the matrimonial status of either of them and, if so, the nature of those proceedings; d all other material facts alleged by the petitioner to justify the making of the declaration and the grounds on which he alleges that the Court has jurisdiction to make it; and shall conclude with a prayer setting out the declaration sought and any claim for costs. 3 Nothing in the foregoing provisions shall be construed — a as conferring any jurisdiction to make a declaration in circumstances in which the Court could not otherwise make it, or b as affecting the power of the Court to refuse to make a declaration notwithstanding that it has jurisdiction to make it. 4 This rule does not apply to proceedings to which rule 14 applies. Application under section 39 of Matrimonial Causes Act 1965 14 1 A petition under section 39 of the Matrimonial Causes Act 1965 shall, in addition to stating the grounds on which the petitioner relies, set out the date and place of birth of the petitioner and the maiden name of his mother, and, if the petitioner is known by a name other than that which appears in the certificate of his birth, that fact shall be stated in the petition and in any decree made thereon. 2 The petition shall be supported by an affidavit by the petitioner verifying the petition and giving particulars of every person whose interest may be affected by the proceedings and his relationship to the petitioner; Provided that if the petitioner is under 16, the affidavit shall, unless otherwise directed, be made by his next friend. 3 An affidavit for the purposes of paragraph (2) may contain statements of information or belief with the sources and grounds thereof. 4 On filing the petition, the petitioner shall issue and serve on the Attorney-General a summons for directions as to the persons, other than the Attorney-General, who are to be made respondents to the petition. 5 It shall not be necessary to serve the petition on the Attorney-General otherwise than by delivering a copy of it to him in accordance with sub-section (6) of the said section 39. 6 The Attorney-General may file an answer to the petition within 21 days after directions have been given under paragraph (4) and no directions for trial shall be given until that period has expired. 7 A respondent who files an answer shall at the same time lodge in the divorce registry as many copies of the answer as there are other parties to the proceedings and a registrar shall send one of the copies to each of those parties. Further proceedings on petition under rule 13 or 14 15 1 Unless a judge otherwise directs, all proceedings on any petition to which rules 13 or 14 relates shall take place in London. 2 Subject to rules 2, 13 and 14 and paragraph (1) of this rule, the matrimonial causes rules shall apply with the necessary modifications to the petition as if it were a petition in a matrimonial cause. Appeals under the Matrimonial Proceedings (Magistrates' Courts) Act 1960 16 1 Every appeal to the High Court under the Matrimonial Proceedings (Magistrates' Courts) Act 1960 shall be entered by lodging two copies of the notice of motion in the principal registry. 2 Order 55, rule 4(2), shall apply to the appeal as if for the period of 28 days therein specified there were substituted a period of 6 weeks. 3 Notwithstanding anything in Order 10, rule 5, notice of the motion need not be served personally. 4 On entering the appeal or as soon as practicable thereafter, the appellant shall, unless otherwise directed, lodge in the principal registry — a two certified copies of the summons and of the order appealed against, b two copies of the clerk's notes of the evidence, c two copies of the justices' reasons for their decision, d a certificate that notice of the motion has been duly served on the clerk and on every party affected by the appeal, and e where the notice of the motion includes an application to extend the time for bringing the appeal, a certificate (and a copy thereof) by the appellant's solicitor, or the appellant if he is acting in person, setting out the reasons for the delay and the relevant dates. 5 If the clerk's notes of the evidence are not produced, the Court may hear and determine the appeal on any other evidence or statement of what occurred in the proceedings before the magistrates' court as appears to the Court to be sufficient. 6 The Court shall not be bound to allow the appeal on the ground merely of misdirection or improper reception or rejection of evidence unless, in the opinion of the Court, substantial wrong or miscarriage of justice has been thereby occasioned. 7 A registrar may dismiss an appeal to which this rule applies for want of prosecution or, with the consent of the parties, may dismiss the appeal or give leave for it to be withdrawn, and may deal with any question of costs arising out of the dismissal or withdrawal. 31 Order 104 shall be amended as follows: — 1 In rule 1, the definitions of “the Act of 1925” and “the chief registrar” shall be deleted; and for the definition of “the divorce registry” there shall be substituted: — “ the principal registry ” means the principal registry of the Family Division; . 2 In rules 1, 2, 4, 5 and 6, for the words “the divorce registry” wherever they appear there shall be substituted the words “the principal registry” . 3 In rule 2, paragraph (7) shall be omitted. 4 In rule 3, the definition of “guardianship order” shall be deleted. 5 In rule 4(1), for the words from the beginning to “together, in either case, with” there shall be substituted the words “An application for the registration of an English order may be made by lodging with a registrar of the Family Division a certified copy of the order, together with” . 6 In rule 4, for paragraph (3) there shall be substituted the following paragraph: — 3 The prescribed officer for the purposes of the Act of 1950 shall be the senior registrar. 7 In rule 4(4), the words “the chief registrar or” and the words “as the case may be” shall be deleted. 8 In rule 4, for paragraph (5) there shall be substituted the following paragraph: — 5 The fact that the order has been registered in the Court of Session or the Supreme Court of Northern Ireland shall be noted in the court minutes. 9 In rule 4(6), the words “other than a guardianship order” shall be deleted. 10 In rule 4(8), for the words “the appropriate registrar shall give notice of the discharge or variation” there shall be substituted the words “the registrar or district registrar by whom the discharge or variation was ordered shall give notice thereof” ; and the second sentence shall be deleted. 11 In rule 4, for paragraph (9) there shall be substituted the following paragraph: — 9 Where the registration of an English order registered in the Court of Session or the Supreme Court of Northern Ireland is cancelled under section 24(1) of the Act of 1950, the prescribed officer to whom notice of the cancellation is to be sent under section 24(3) of that Act shall be the senior registrar; and on receipt of such notice he shall cause particulars of it to be entered in Part I of the register. 12 In rule 5, for paragraph (1) there shall be substituted the following paragraph: — 1 In relation to a Scottish or Northern Irish order the prescribed officer for the purposes of section 17(2) of the Act of 1950 shall be the senior registrar. 13 In rule 5(2), for the words “the chief registrar or the senior registrar, as the case may be” there shall be substituted the words “the senior registrar” . 14 In rule 5(4), for the words “the registrar to whom a certified copy of the order was sent for registration” there shall be substituted the words “the senior registrar” . 15 In rule 5(3) and (5), for the words “the chief master in the case of a guardianship order and before a registrar of the divorce registry in any other case” , wherever they appear, there shall be substituted the words “a registrar of the principal registry” . 16 In rule 5(6), the words “(other than a guardianship order)” shall be deleted. 17 In rule 6, the number “(1)” at the beginning shall be deleted, and for the words “the registrar” where they first appear there shall be substituted the words “a registrar of the principal registry” ; and paragraph (2) shall be omitted. 18 In rule 7, for the definition of “proper officer” there shall be substituted the following definition: — “ proper officer ” means — in the case of an order registered in the High Court under the Maintenance Orders (Facilities for Enforcement) Act 1920 or Part II of the Act of 1950, the senior registrar; in the case of an order made by a magistrates' court which is to be or has been registered in the High Court under Part I of the Act of 1958, the senior registrar or the district registrar to whom a certified copy of the order has been sent pursuant to section 2(4)(c) of that Act; and in any other case, the senior registrar or, where the order was made in a cause or matter proceedings in a district registry, the registrar of that registry. 19 In rule 8(1)(b) and (2), the words “and, in the case of an order made under section 3(2), 5(4) or 6 of the Act of 1925, the duplicate order” wherever they appear shall be deleted. 20 In rule 8(5), for sub-paragraphs (a) and (b) there shall be substituted the words “enter particulars of the registration in the court minutes” . 21 For rule 11 there shall be substituted the following rule: — Appeal from variation etc., of order by magistrates' court 11 An appeal to the High Court under section 4(7) of the Act of 1958 shall be heard and determined by a Divisional Court of the Family Division, and Order 90, rule 9, shall apply as it apples in relation to an appeal from a magistrates; court under the Guardianship of Minors Act 1971. 22 In rule 17(1), the words from “if the related maintenance order” to “in any other case” shall be deleted. 32 In Order 107, rule 1(1), for the words “registrar of the Probate, Divorce and Admiralty Division” there shall be substituted the words “the Admiralty Registrar or any registrar of the Family Division” . 33 In Order 109, rule 2, for paragraph (2) there shall be substituted the following paragraph: — 2 An appeal under the said section 13 from an order or decision of a magistrates' court under section 54(3) of the Magistrates' Courts Act 1952 shall be heard and determined by a Divisional Court of the Family Division. 34 Order 112 shall be omitted. 35 Appendix A shall be amended as follows: — 1 In Form No. 4 (General form of writ of summons for use in probate action) — a in the heading, for the words “Probate, Divorce and Admiralty Division (Probate)” there shall be substituted the words “Chancery Division (Probate)” . b the paragraph headed “DIRECTIONS FOR ENTERING APPEARANCE” shall be deleted, and the following paragraph shall be inserted in its place: — DIRECTIONS FOR ENTERING APPEARANCE The defendant may enter an appearance in person or by a solicitor either (1) by handing in the appropriate forms, duly completed, at the Central Office, Royal Courts of Justice, Strand, London, WC2A 2LL or (2) by sending them to that Office by post. The appropriate forms may be obtained by sending a postal order for [ insert current price ] with an addressed envelope, foolscap size, to the Clerk of Accounts, Vote Office, Royal Courts of Justice, Strand, London WC2A 2LL. 2 In Form No. 14 (Memorandum of Appearance), in the paragraph beginning “To be completed in duplicate” , for the words “(probate action)” there shall be substituted the words “(Family Division proceedings)” . 3 In Form No. 87 (Notice of motion for writ of habeas corpus ad subjiciendum ), Form No. 88 (Notice directed by Court of adjourned application for writ of habeas corpus ), Form No. 89 (Writ of habeas corpus ad subjiciendum ) and Form No. 90 (Notice to be served with writ of habeas corpus ad subjiciendum ), after the words “Queen's Bench Division” wherever they appear there shall be inserted the words “[ or Family Division as the case may be ]” . 4 In Form No. 104 (Attachment of earnings order under the Maintenance Orders Act 1958), for the words “Division” in the heading there shall be substituted the words “Family Division” . 36 In Appendix B, Form No. 1 (Writ of summons in action in rem issued out of Admiralty Registry) and Form No. 2 (Writ of summons in action in rem issued out of district registry) for the words “Probate, Divorce and Admiralty Division” there shall be substituted the words: — Queen's Bench Division Admiralty Court . 37 1 Where on the date when section 1 of the Administration of Justice Act 1970 comes into force any proceedings are pending in one Division which, if begun after that date, would have been required by that section to be assigned to another Division, the power conferred on the Court by Order 4, rule 3, to transfer the proceedings to that other Division may at any time be exercised by the Court of its own motion. 2 Unless the Court has already exercised its power under paragraph (1), it shall, on the first application in any such proceedings after the coming into force of the said section 1, consider whether or not to exercise that power. 3 Where by virtue of paragraph (1) the Court makes an order under Order 4, rule 3, of its own motion, the order need not be drawn up; but the Court shall given notice thereof to the parties to the proceedings. 4 On the coming into force of the said section 1, all proceedings which involve the exercise of the High Court's Admiralty jurisdiction or its jurisdiction as a prize court, shall be treated as having been assigned to the Queen's Bench Division. 38 In the Rules of the Supreme Court, for — a the references to the Probate, Divorce and Admiralty Division specified in the first column of the schedule to these Rules; b the references to the principal probate registry (or, as the case may be, divorce registry), specified in the second column of the said schedule; and c the references to the principal (or, as the case may be, senior) probate registrar specified in the third column of the said schedule, there shall be substituted references to the Family Division, the principal registry of the Family Division and the principal registrar of the Family Division respectively. 39 The Arrangement of Orders at the beginning of the Rules of the Supreme Court 1965 shall be amended as follows: — 1 In the title of Order 72, the words “in the Queen's Bench Division” shall be omitted. 2 In the title of Order 74, for the date “1965” there shall be substituted the date “1970” . 3 For the title of Order 76 there shall be substituted the title “contentious Probate Proceedings” . 4 For the title of Order 90 there shall be substituted the title “Miscellaneous Proceedings in the Family Division” . 5 For the title of Order 91 there shall be substituted the title “Revenue Proceedings in Chancery Division” . 6 The entry relating to Order 112 shall be omitted. PART III DISCOVERY AND RELATED PROCEDURES 40 The following rule shall be inserted in Order 24 after rule 7: — Application under section 31 or 32(1) of Administration of Justice Act 1970 7A 1 An application for an order under section 31 of the Administration of Justice Act 1970 for the disclosure of documents before the commencement of proceedings shall be made by originating summons and the person against whom the order is sought shall be made defendant to the summons. 2 An application after the commencement of proceedings for an order under section 32(1) of the said Act for the disclosure of documents by a person who is not a party to the proceedings shall be made by summons, which must be served on that person personally and on every party to the proceedings other than the applicant. 3 A summons under paragraph (1) or (2) shall be supported by an affidavit which must — a in the case of a summons under paragraph (1), state the grounds on which it is alleged that the applicant and the person against whom the order is sought are likely to be parties to subsequent proceedings in the High Court in which a claim for personal injuries is likely to be made; b in any case, specify or describe the documents in respect of which the order is sought and show, if practicable by reference to any pleading served or intended to be served in the proceedings, that the documents are relevant to an issue arising or likely to arise out of a claim for personal injuries made or likely to be made in the proceedings and that the person against whom the order is sought is likely to have or have had them in his possession, custody or power. 4 A copy of the supporting affidavit shall be served with the summons on every person on whom the summons is required to be served. 5 An order under the said section 31 or 32(1) for the disclosure of documents may be made conditional on the applicant's giving security for the costs of the person against whom it is made or on such other terms, if any, as the Court thinks just, and shall require the person against whom the order is made to make an affidavit stating whether any documents specified or described in the order are, or at any time have been, in his possession, custody or power and, if not then in his possession, custody or power, when he parted with them and what has become of them. 6 No person shall be compelled by virtue of such an order to produce any documents which he could not be compelled to produce — a in the case of a summons under paragraph (1), if the subsequent proceedings had already been begun, or b in the case of a summons under paragraph (2), if he had been served with a writ of subpoena duces tecum to produce the documents at the trial. 7 In this rule “ a claim for personal injuries ” means a claim in respect of personal injuries to a person (including any disease contracted by him and any impairment of his physical or mental condition) or in respect of a person's death. 8 For the purposes of rules 10 and 11 an application for an order under the said section 31 or 32(1) shall be treated as a cause or matter between the applicant and the person against whom the order is sought. 41 In Order 24, rule 8, for the words “rule 3 or rule 7” there shall be substituted the words “rule 3, 7 or 7A” . 42 The following rule shall be inserted in Order 29 after rule 7: — Inspection etc. of property under section 21 of Administration of Justice Act 1969 or section 32(2) of Administration of Justice Act 1970 7A 1 The power conferred by section 21(1) of the Administration of Justice Act 1969 to make an order in respect of property pending the commencement of proceedings in the High Court shall be exercisable only in respect of property as to which it appears to the Court that it may become the subject matter of subsequent proceedings involving a claim for personal injuries. 2 An application for an order under the said section 21(1) shall be made by originating summons and the person against whom the order is sought shall be made defendant to the summons. 3 An application after the commencement of proceedings for an order under section 32(2) of the Administration of Justice Act 1970 in respect of property which is not the property of or in the possession of any party to the proceedings shall be made by summons, which must be served on the person against whom the order is sought personally and on every party to the proceedings other than the applicant. 4 A summons under paragraph (2) or (3) shall be supported by an affidavit which must — a in the case of a summons under paragraph (2), state the grounds on which it is alleged that the applicant and the person against whom the order is sought are likely to be parties to subsequent proceedings in the High Court in which a claim for personal injuries is likely to be made; b in any case, specify or describe the property in respect of which the order is sought and show, if practicable by reference to any pleading served or intended to be served in the proceedings, that it is or may become the subject matter of the proceedings or that it is property as to which any question arises in the proceedings. 5 A copy of the supporting affidavit shall be served with the summons on every person on whom the summons is required to be served. 6 An order made under the said section 21 or 32(2) may be made conditional on the applicant's giving security for the costs of the person against whom it is made or on such other terms, if any, as the Court thinks just. 7 No such order shall be made if it appears to the Court — a that compliance with the order, if made, would result in the disclosure of information relating to a secret process, discovery or invention not in issue in the proceedings, and b that the application would have been refused on that ground if — i in the case of a summons under paragraph (2), the subsequent proceedings had already been begun, or ii in the case of a summons under paragraph (3), the person against whom the order is sought were a party to the proceedings. 8 In this rule “ a claim for personal injuries ” means a claim in respect of personal injuries to a person (including any disease contracted by him and any impairment of his physical or mental condition) or in respect of a person's death. The following paragraph shall be added to Order 62, rule 3 43 12 Where an application is made in accordance with Order 24, rule 7A, or Order 29, rule 7A, for an order under section 21 of the Administration of Justice Act 1969 or section 31 or 32 of the Administration of Justice Act 1970, the person against whom the order is sought shall be entitled, unless the Court otherwise directs, to his costs of and incidental to the application and of complying with any order made thereon and he may, after giving the application 7 days' notice of his intention to do so, tax such costs and, if they are not paid within 4 days after taxation, sign judgment for them. 44 The following paragraph shall be added to Appendix 1 to Order 62: — 6 Where a party is entitled by virtue of rule 3(12) to require any costs to be taxed, the requisite document for the purposes of rule 21 is a copy of the notice given by him pursuant to rule 3(12). PART IV MISCELLANEOUS AMENDMENTS 45 Order 15, rule 6, shall be amended as follows: — 1 For paragraph (2)(b) there shall be substituted the following paragraph: — b order any of the following persons to be added as a party, namely — i any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon, or ii any person between whom and any party to the cause or matter there may exist a question or issue arising out of or relating to or connected with any relief or remedy claimed in the cause or matter which in the opinion of the Court it would be just and convenient to determine as between him and that party as well as between the parties to the cause or matter. 2 In paragraph (3) for the word “defendant” there shall be substituted the word “party” and at the end there shall be added the following words: — or, as the case may be, the question or issue to be determined as between him and any party to the cause or matter. 46 Order 62 shall be amended as follows: — 1 In rule 13(1) — a for the words from the beginning to “(Taxing Office)” there shall be substituted the words “A principal clerk of the Supreme Court (Taxing Office) authorised in that behalf by the Lord Chancellor” ; and b in sub-paragraph (a) the words from “if the amount” to “£350” shall be omitted 2 In Appendix 3, Part III, paragraph 7, for the figures “£4 10s. (£4.50)” there shall be substituted the figures “£6 10s. (£6.50)” . 47 In Order 63, rules 6, 7 and 8 shall be revoked except in relation to any instrument creating a power of attorney, or any copy of such an instrument, filed or deposited in the Central Office before 1st October 1971. 48 The following rule shall be inserted in Order 77 after rule 8: — Joinder of Commissioners of Inland Revenue under Order 15, rule 6(2)(b)(ii) 8A Nothing in Order 15, rule 6(2)(b)(ii), shall be construed as enabling the Commissioners of Inland Revenue to be added as a party to any cause or matter except with their consent signified in writing or in such manner as may be authorised. Halisham of St. Marylebone, C Widgery, C. J Denning, M. R George Baker, P Cyril Salmon, L. J John Pennycuick, V-C James Fox-Andrews Oliver Lodge H. Mongomery-Campbell Dated 23rd July 1971 SCHEDULE AMENDMENT OF REFERENCES IN CONSEQUENCE OF THE RE-NAMING OF THE PROBATE, DIVORCE AND ADMIRALTY DIVISION AS THE FAMILY DIVISION Rule 38 1. 2. 3. References to Probate, Divorce and Admiralty Division References to principal probate registry References to principal (or senior) probate registrar Order 17, rule 4. Order 1, rule 4(1). Order 59, rule 5(5)(c). Order 30, rule 4(4). Order 4, rule 6(1). Order 104, rule 1. Order 32, rules 7(2), 8(1), 10, 11(1), 12, 23 and 24(1). Order 30, rule 2(4). Order 32, rules 2(3)(c) and 7(1). Appendix A, Form No. 37. Order 50, rule 9. Order 41, rule 9(3). Order 51, rule 2. Order 56, rule 6(1)(a). Order 56, rule 6(1)(a). Order 57, rules 2(4)(c) and 3(a). Order 57, rules 2(4)(c) and 3(a). Order 59, rules 5(5)(c) and 16(2A) and (6). Order 58, rules 1(1), 2(2) and 7(2). Order 62, rules 7(6), 12(1) and (7), 21(5)(a), 22(4)(a), 34(1) and (5), 35(7). Order 62, rules 1(1), 2(2), 12(7), 21(1), (3)(a), and (4), 22(1) and (2), 23(4), 24(1), Appendix 1, paragraph 1 and Appendix 2, items 4 and 37. Order 67, rules 1(2), Table(e). Order 89, rule 1(1). Order 99, rule 6(2). Order 64, rules 2(1) and 7(1)(c). Appendix A, Forms No. 6 and 14. Order 80, rule 13(2)(b). Order 89, rule 1(2). Order 106, rule 2(2).

The Atomic Energy Authority Act 1971 (Appointed Day) Order 1971 The Secretary of State, in exercise of his powers under section 24(2) of the Atomic Energy Authority Act 1971, and all other powers in that behalf enabling him, hereby orders as follows: 1 This Order may be cited as the Atomic Energy Authority Act 1971 (Appointed Day) Order 1971. 2 The appointed day for the purposes of sections 1 and 2 of the Atomic Energy Authority Act 1971 shall be 1st April 1971. John Davies Secretary of State for Trade and Industry Dated 20th March 1971

The Air Corporations (General Staff, Pilots and Officers Pensions) (Amendment) Regulations 1970 The Board of Trade, in exercise of their powers under section 24 of the Air Corporations Act 1967 and of all other powers enabling them in that behalf, after consulting with each of the Corporations and with such organisations representative of the employees to whom the Regulations will relate as appear to the Board to be appropriate, hereby make the following Regulations: — 1 1 These Regulations shall come into operation on 1st June 1970 and may be cited as the Air Corporations (General Staff, Pilots and Officers Pensions) (Amendment) Regulations 1970. 2 These Regulations — a shall be construed as one with the Air Corporations (General Staff Pensions) Regulations 1948 ; b may be cited together with the Air Corporations (Pensions) Regulations 1948 to 1969 as the Air Corporations (Pensions) Regulations 1948 to 1970. 3 The Interpretation Act 1889 shall apply for the purpose of the interpretation of these Regulations as it applies for the purpose of the interpretation of an Act of Parliament. 2 1 The Joint Pension Scheme established and maintained by virtue of the Air Corporations (Pensions) Regulations 1948 to 1969 shall be in accordance with the provisions of the Trust Deed and Amending Deeds, copies of which are set out in the Schedules to those Regulations as further amended by a Deed dated 10th March 1970 a copy of which is set out in the Schedule to these Regulations. 2 The said Deed dated 10th March 1970 is accordingly confirmed and shall come into operation on 1st June 1970. 3 BEA Airtours Limited (being a subsidiary of the British European Airways Corporation) whose employees are admitted to the Scheme by virtue of the said Deed dated 10th March 1970, and each of their employees who is a member of the Scheme shall, for the purpose of providing funds from which benefits under the said Scheme may be paid, pay contributions in accordance with the provisions of the said Trust Deeds. 4 Contributions and benefits shall be paid in respect of the service of such an employee with BEA Airtours Limited before the coming into force of these Regulations in accordance with the provisions of the said Trust Deeds. Geoffrey Parker An Under Secretary of the Board of Trade 18th May 1970 SCHEDULE THIS DEED is made the tenth day of March One thousand nine hundred and seventy BETWEEN BRITISH OVERSEAS AIRWAYS CORPORATION whose principal office is situate at Speedbird House, Heathrow Airport (London) Hounslow in the County of Middlesex and BRITISH EUROPEAN AIRWAYS CORPORATION whose principal office is situate at Bealine House Ruislip in the County of Middlesex BOAC RESTAURANTS LIMITED and BEA HELICOPTERS LIMITED (hereinafter called “ the Employers ”) of the first part BEA AIRTOURS LIMITED (hereinafter called “ Airtours ”) of the second part Rankin Lorimer Weir Derek Harding Glover Angus John Dore Betts Robert Gilchrist Cunningham Ralph Arthur Fuller Charles Victor Green Cyril Alfred Herring Oliver James Hinch Reginald Banwell Johnson Charles George Klimcke Thomas Nisbet and John Charles William Springbett the Management Trustees for the time being of The Airways Corporations Joint Pension Scheme (hereinafter called “ the Management Trustees ”) of the third part and AIRWAYS CORPORATIONS JOINT PENSION FUND TRUSTEES LIMITED (hereinafter called “ the Custodian Trustees ” which expression shall include the Custodian Trustees for the time being) of the fourth part AND IS supplemental to the various Deeds set out in the Air Corporations Pensions Regulations 1948 to 1969. WHEREAS 1 Airtours is a subsidiary of British European Airways Corporation for the purposes of Section 24 of the Air Corporations Act 1967. 2 The parties hereto are desirous of extending the Airways Corporations Joint Pension Scheme so as to enable employees of Airtours to be admitted to membership of the Scheme. 3 At a meeting of the Management Trustees held on the tenth day of September One thousand nine hundred and sixty nine the said Rankin Lorimer Weir and the said Robert Gilchrist Cunningham were appointed to execute this Deed in accordance with the provisions of Clause 18 of the Trust Deed. NOW IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: — Airtours shall be deemed to be a party to the various Deeds set out in the Air Corporations Pensions Regulations 1948 to 1969. Airtours shall enjoy all the rights and shall assume all the obligations of an Employer arising under the Trust Deed and Rules of the Scheme. The Trust Deed shall be amended as follows: — a In Clause 1 of the Trust Deed for the definition of “Employer” there shall be substituted the following definition: — “ Employer ” means whichever of the following persons or bodies is the Employer of a Member for the time being: — British Overseas Airways Corporation British European Airways Corporation BOAC Restaurants Limited BEA Helicopters Limited BEA Airtours Limited b In Clauses 19A and 19A(a) the words “BRL or Helicopters” shall be deleted and replaced by the words “BRL, Helicopters or Airtours” . Save as expressly altered amended or varied hereby the Trust Deed and the Schedules thereto as heretofore amended shall continue and remain in force and shall have effect as if the alterations amendments or variations herein set out were where applicable inserted therein. This Deed is conditional on its being confirmed by Regulations made by the Board of Trade under Section 24 of the Air Corporations Act 1967 and if so confirmed shall come into force on such date as may be specified in that behalf in such Regulations. IN WITNESS WHEREOF the parties of the first and second and fourth parts have caused their respective Common Seals to be hereunto affixed and the Management Trustees have hereunto set their hands and seals the day and year first before written. THE COMMON SEAL OF BRITISH OVERSEAS AIRWAYS CORPORATION was hereunto affixed in the presence of: D.H. GLOVER Member R.M. FORREST Secretary THE COMMON SEAL OF BRITISH EUROPEAN AIRWAYS CORPORATION was hereunto affixed in the presence of: M.J. LESTER Secretary THE COMMON SEAL OF BOAC RESTAURANTS LIMITED was hereunto affixed in the presence of: D.H. GLOVER Director D.G. DODSON Secretary THE COMMON SEAL OF BEA HELICOPTERS LIMITED was hereunto affixed in the presence of: J.A. CAMERON Director R.D. KEEFE Secretary THE COMMON SEAL OF BEA AIRTOURS LIMITED was hereunto affixed in the presence of: W. BAILLIE Director R.L. NORTHRIDGE Secretary SIGNED SEALED AND DELIVERED by the said RANKIN LORIMER WEIR in the presence of: R.L. WEIR CHRISTINE LOOSEN (Secretary) 21, Windsor Road Bray, Berks SIGNED SEALED AND DELIVERED by the said ROBERT GILCHRIST CUNNINGHAM in the presence of: R.G. CUNNINGHAM M.C. SLATER (Secretary) 1, Burlington Road Isleworth, Middlesex THE COMMON SEAL OF AIRWAYS CORPORATIONS JOINT PENSION FUND TRUSTEES LIMITED was hereunto affixed in the presence of: R.L. WEIR Director H. BROMAGE Secretary

Trees Act 1970 Modification of restriction on power to make tree preservation orders. 1 1 This section applies to land in respect of which — a the Forestry Commissioners have made advances under section 4 of the Forestry Act 1967 (financing of afforestation); or b there is in force a forestry dedication covenant or (in Scotland) a forestry dedication agreement, being a covenant or agreement entered into with the Commissioners under section 5 of that Act. 2 A tree preservation order may be made in respect of land to which this section applies, but only if — a there is not in force in respect of the land a plan of operations or other working plan approved by the Forestry Commissioners under such a covenant or agreement; and b the Commissioners consent to the making of the order. 3 Where a tree preservation order is made in respect of land to which this section applies, the order shall not have effect so as to prohibit, or to require any consent for, the cutting down of a tree in accordance with a plan of operations or other working plan approved by the Forestry Commissioners, and for the time being in force, under such a covenant or agreement or under a woodlands scheme made under the powers contained in the Forestry Act 1967. 4 In the last foregoing subsection, " tree preservation order " has the same meaning as in the Town and Country Planning Act 1962 or, in relation to Scotland, the Town and Country Planning (Scotland) Act 1947. 5 Section 29(3) of the said Act of 1962 and section 26(3) of the said Act of 1947 (which prohibit the making of a tree preservation order in respect of land to which this section applies) are hereby repealed. 6 A reference in this section to any provision of the Forestry Act 1967 includes a reference to the corresponding provision (replaced by that Act) in the Forestry Acts 1919 to 1951. Modification of restriction on power to attach conditions to felling licence. 2 In section 12 of the Forestry Act 1967 (which, for cases where a felling licence from the Forestry Commissioners is required and is granted by them, specifies conditions which may be attached to the grant but, by subsection (2), prohibits the imposition of conditions in the case of land subject to a forestry dedication covenant or agreement), at the end of subsection (2) there shall be added the words " and the felling is in accordance with a plan of operations or other working plan approved by the Commissioners and in force under the covenant or agreement ". Citation and extent. 3 1 This Act may be cited as the Trees Act 1970. 2 This Act does not extend to Northern Ireland.

The Evidence (the Netherlands) Order 1970 At the Court at Buckingham Palace, the 25th day of February 1970 Present, The Queen's Most Excellent Majesty in Council Whereas Her Majesty in Council is satisfied that there exist in the Netherlands public registers kept under the authority of the law of the Netherlands and recognised by the courts thereof as authentic records, and that those registers are regularly and properly kept: Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on Her by section 5(1) of the Oaths and Evidence (Overseas Authorities and Countries) Act 1963 and all other powers in that behalf in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 This Order may be cited as the Evidence (the Netherlands) Order 1970. 2 This Order extends to all parts of the United Kingdom. 3 The registers of the Netherlands specified in the first column of the Schedule to this Order shall be deemed to be public registers kept under the authority of the law of the Netherlands and recognised by the courts thereof as authentic records and to be documents of such a public nature as to be admissible as evidence of the matters regularly recorded therein. 4 For the purposes of the preceding Article all matters recorded in the registers shall be deemed, until the contrary is proved, to be regularly recorded therein. 5 Subject to any requirements of rules of court, a document which purports to be issued in the Netherlands as an official copy of an entry in a register specified in the first column of the Schedule to this Order and which purports to be authenticated as such in the manner specified in that Schedule, shall, without evidence as to the custody of the register or of inability to produce it and without any further or other proof, be received as evidence that the register contains such an entry. 6 Nothing in this Order shall be taken to prohibit or restrict the admission in evidence of any copy, extract, summary, certificate or other document whatsoever which, apart from the provisions of this Order, would be admissible as evidence of any particular matter, or to affect any power which, otherwise than by virtue of this Order, is exercisable by any court with respect to the admission of documents in evidence. W.G. Agnew SCHEDULE Register Certifying Officer Mode of Authentication Register of Births Civil Registrar (De ambtenaar van de burgerlijke stand), Clerk to a District Court (De Griffier van de Arrondissementsrechtbank) or Keeper of the National Archives (De rijksarchivaris in de provincie). The signature of the certifying officer. Register of Marriages and Divorces Civil Registrar (De ambtenaar van de burgerlijke stand), Clerk to a District Court (De Griffier van de Arrondissementsrechtbank) or Keeper of the National Archives (De rijksarchivaris in de provincie). The signature of the certifying officer. Register of Deaths Civil Registrar (De ambtenaar van de burgerlijke stand), Clerk to a District Court (De Griffier van de Arrondissementsrechtbank) or Keeper of the National Archives (De rijksarchivaris in de provincie). The signature of the certifying officer.

The Children and Young Persons Act 1969 (Commencement No. 3) (Amendment) Order 1970 In exercise of the powers conferred on me by sections 69(3) and 73(3) of the Children and Young Persons Act 1969, I hereby make the following Order: — 1 This Order may be cited as the Children and Young Persons Act 1969 (Commencement No. 3) (Amendment) Order 1970. 2 In Schedule 3 to the Children and Young Persons Act 1969 (Commencement No. 3) Order 1970 (transitional provisions) there shall be inserted after paragraph 2 the following paragraph: — 2A. Without prejudice to the operation of sub-paragraph (1) of paragraph 12 of Schedule 4 to the Act, nothing in any provision of the Act brought into force by this Order shall affect the operation of section 102(1)(a) of the Act of 1933 in relation to such proceedings as are mentioned in sub-paragraph (2) of the said paragraph 12; but the said section 102(1)(a) shall have effect in relation to such proceedings as if a care order were among the orders mentioned therein. . R. Maudling One of Her Majesty's Principal Secretaries of State Home Office Whitehall 11th December 1970

The Consular Relations (Privileges and Immunities) (Japan) Order 1970 At the Court at Buckingham Palace, the 17th day of December 1970 Present, The Queen's Most Excellent Majesty in Council Whereas a draft of this Order has been laid before and approved by resolution of each House of Parliament in accordance with section 14(1) of the Consular Relations Act 1968 (hereinafter referred to as “ the Act ”): Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on Her by section 3(1) of the Act or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 This Order may be cited as the Consular Relations (Privileges and Immunities) (Japan) Order 1970 and shall come into operation on 1st January 1971. 2 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 3 The like exemption from dues and taxes as is accorded under Article 32 in Schedule 1 to the Act to the residence of the career head of a consular post shall be extended to the residence of a consular officer or consular employee of Japan of which Japan or any person acting on its behalf is the owner or lessee, provided that the officer or employee — a is a national of Japan, and b does not carry on any private gainful occupation in the United Kingdom, and c is not permanently resident in the United Kingdom, and d is a full-time officer or employee of Japan. W.G. Agnew

The Smallholdings (Contributions Towards Losses) Regulations 1970 The Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by paragraphs (a) to (e) of subsection (2) and paragraphs (a) and (b) of subsection (3) of section 52, subsections (2) and (3) of section 60, subsections (1), (2) and (3) of section 62 and section 63 of the Agriculture Act 1970, and of all other powers enabling them in that behalf, and with the approval of the Treasury, hereby make the following regulations: — Citation and commencement 1 These regulations may be cited as the Smallholdings (Contributions Towards Losses) Regulations 1970, and shall come into operation on 1st August 1970. Interpretation 2 1 Except in so far as the context otherwise requires, any reference in these regulations to a regulation or a Schedule bearing a number is a reference to the regulation or Schedule bearing that number in these regulations. 2 In these regulations, unless the context otherwise requires — “ the Act ” means the Agriculture Act 1970; “ the Act of 1926 ” means the Small Holdings and Allotments Act 1926; “ the Act of 1931 ” means the Agricultural Land (Utilisation) Act 1931; “ the Act of 1947 ” means the Agriculture Act 1947; “ contribution ” means an annual contribution payable by the Minister to a relevant authority towards their losses in respect of smallholdings land or cottage holdings land and, in relation to a contribution adjusted pursuant to regulation 5, means the contribution as so adjusted; “ cottage holdings authority ” means a county council or a county borough council who immediately before the commencement of Part III of the Act held land for the purposes of cottage holdings or the Greater London Council; “ cottage holdings land ” means land held by a cottage holdings authority immediately before the commencement of Part III of the Act for the purposes of cottage holdings; “ the Minister ” means the Minister of Agriculture, Fisheries and Food and includes the Minister by his former style and title of the Minister of Agriculture and Fisheries and “ the appropriate Minister ” means, in relation to England, except Monmouthshire, the Minister and, in relation to Wales, including Monmouthshire, the Minister and the Secretary of State for Wales acting jointly; “ relevant authority ”, in relation to a contribution, means the small holdings authority or the cottage holdings authority to whom it is payable; “ smallholdings land ” means any land held by a smallholdings authority immediately before the commencement of Part III of the Act for the purposes of smallholdings. 3 Except in so far as the context otherwise requires any reference in these regulations to any enactment shall be construed as a reference to that enactment as amended, extended or applied by any other enactment. 4 The Interpretation Act 1889 applies for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament. Contributions to which the regulations apply 3 These regulations shall have effect in relation to contributions payable in respect of — 1 smallholdings land, being contributions payable by virtue of an undertaking given by the Minister under section 2 of the Act of 1926 or under section 58 of the Act of 1947 either before or after these regulations come into operation; and 2 cottage holdings land, being contributions payable by virtue of an undertaking given by the Minister under section 2 of the Act of 1926 as applied by section 12 of the same Act or by section 12 of the Act of 1931. Payment of contributions 4 1 Payment of all contributions to a relevant authority shall be made by the Minister in two equal half-yearly instalments on such dates in each year as may be agreed by the appropriate Minister with the authority. 2 Application for payment of contributions shall be made to the Minister yearly not less than one month before the first instalment for the year is due to be paid and shall be signed by the Treasurer, Accountant or other authorised officer of the relevant authority and shall be in the form set out in Schedule 1 or in a form substantially to the like effect. 3 In this regulation, “ year ” means a period of twelve months ending on 31st March. Reporting of disposals of land and adjustment of contributions 5 1 Where any smallholdings land is sold, exchanged, appropriated for other purposes or let otherwise than under section 44 of the Act by a smallholdings authority or where any cottage holdings land is sold, exchanged or appropriated for other purposes by a cottage holdings authority, the smallholdings authority or the cottage holdings authority, as the case may be, shall forthwith after the completion of the sale, exchange, appropriation or letting, furnish particulars thereof to the appropriate Minister in a statement in the form set forth in Schedule 2, adapted as required in accordance with the notes to the Schedule, or in a form substantially to the like effect, which statement shall be signed by the Treasurer, Accountant or other authorised officer of the authority; and the appropriate Minister may adjust, in such manner as he thinks fit having regard to any such particulars, the amount or aggregate amount of any contributions payable to that authority in relation to smallholdings land where the land sold, exchanged, appropriated or let was smallholdings land or in relation to cottage holdings land where the land sold, exchanged or appropriated was cottage holdings land, in a case where the land sold, exchanged, appropriated or let is land which has been or formed part of — i land in respect of which payments have been made under section 27 of the Land Settlement (Facilities) Act 1919; or ii land in the case of which contributions have been made or undertaken to be made under section 2 of the Act of 1926 or section 58 of the Act of 1947 in connection with proposals and estimates relating to that land. 2 In this regulation — a the reference to adjustment of the amount or aggregate amount of any contributions shall be construed as including a reference to terminating all or any contributions; and b in relation to cottage holdings land sold, exchanged or appropriated, the reference to section 2 of the Act of 1926 shall be construed as if it included a reference to that section as applied to cottage holdings by section 12 of that Act or by section 12 of the Act of 1931. Furnishing of particulars 6 The relevant authority shall furnish any other particulars which the appropriate Minister may require at any time for the purpose of satisfying the appropriate Minister that contributions payable to that authority should continue to be paid. Reduction or withholding of contributions 7 The appropriate Minister, in any case where the relevant authority do not comply with any requirements imposed on them by or under Part III of the Act or section 58 of the Act of 1947 in relation to land held by them for the purposes of smallholdings, or by or under Part III of the Act in relation to land held by them for the purposes of cottage holdings, may determine that contributions which otherwise would be payable to them shall be withheld or reduced and the Minister shall withhold or reduce such contributions accordingly. Inspection of Accounts 8 Any person authorised by the appropriate Minister in that behalf shall have power at all reasonable times to inspect the books and other documents of the relevant authority relating to transactions in connection with which any contributions are payable to that authority. Regulations not applying to certain authorities 9 Regulations 4, 5, 6, 7 and 8 shall not apply — a to a smallholdings authority to whom no contributions are payable in respect of smallholdings land on the date on which these regulations come into operation, or b to a cottage holdings authority to whom no contributions are payable in respect of cottage holdings land on that date, and shall cease to apply to any such authority when contributions cease to be payable to that authority. Revocation 10 1 The regulations specified in column 1 of Schedule 3 are hereby revoked to the extent shown in column 2 of the Schedule. 2 Section 38 of the Interpretation Act 1889 shall apply as if these regulations were an Act of Parliament and as if any regulations revoked by these regulations were Acts of Parliament repealed by an Act of Parliament. In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th July 1970. J.M.L. Prior Minister of Agriculture, Fisheries and Food Given under my hand on 14th July 1970. Peter Thomas Secretary of State for Wales We approve Bernard Weatherill Walter Clegg Two of the Lords Commissioners of Her Majesty's Treasury 15th July 1970 SCHEDULE 1 Regulation 4(2) FORM OF APPLICATION FOR PAYMENT OF CONTRIBUTIONS SCHEDULE 2 Regulation 5(1) FORM OF CERTIFICATE OF SALE, EXCHANGE, APPROPRIATION OR LETTING OF LAND SCHEDULE 3 Regulation 10(1) Column 1 Column 2 Regulations Revoked Extent of Revocation The Small Holdings and Cottage Holdings (Contributions Towards Losses) Regulations 1927 The whole The Smallholdings (Contributions Towards Losses) Regulations 1949 as amended Regulation 11, in Regulation 12(1) the words from “The amount of any annual contribution” to “and (b)” , Regulations 12(2) and 16, in Regulation 17(2) the words “or in any other respect do not comply with any requirement imposed on them by or under Part IV of the said Act in relation to smallholdings provided by them” , and Schedules 4 and 5. The Smallholdings (Contributions Towards Losses) (Amendment) Regulations 1959 The whole

The Consular Relations (Merchant Shipping) (Kingdom of Denmark) Order 1970 At the Court at Buckingham Palace, the 17th day of December 1970 Present, The Queen's Most Excellent Majesty in Council Her Majesty, by virtue and in exercise of the powers conferred on Her by sections 4, 5, 6 and 16(2) of the Consular Relations Act 1968 or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 This Order may be cited as the Consular Relations (Merchant Shipping) (Kingdom of Denmark) Order 1970 and shall come into operation on 1st January 1971. 2 1 For the purposes of Articles 3 and 4 of this Order and for the purposes of section 6 of the Consular Relations Act 1968 as applied by virtue of Article 5 of this Order a ship shall be treated as belonging to the Kingdom of Denmark if it is registered at a port in the Kingdom of Denmark. 2 Nothing in this Order shall apply to any ship of war. 3 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 3 Proceedings relating to the remuneration or any contract of service of the master or a member of the crew of any ship belonging to the Kingdom of Denmark shall not be entertained by any court in the United Kingdom unless a consular officer of the Kingdom of Denmark has been notified of the intention to invoke the jurisdiction of that court and has not objected within a period of two weeks from the date of such notification and a statement to that effect is included among the details on which the claim is based at the time when the proceedings are commenced. 4 Where an offence is alleged to have been committed on board any ship belonging to the Kingdom of Denmark by the master or a member of the crew, proceedings for the offence instituted otherwise than at the request or with the consent of a consular officer of the Kingdom of Denmark shall not be entertained by any court in the United Kingdom, unless — a the offence is alleged to have been committed — i by or against a person who is a citizen of the United Kingdom and Colonies, a citizen of Southern Rhodesia, a British subject by virtue of section 2, 13 or 16 of the British Nationality Act 1948 or the British Nationality Act 1965, or a British protected person within the meaning of the said Act of 1948; or ii against a person other than the master or a member of the crew; or b the offence is one involving the tranquillity or safety of a port, or the law relating to safety of life at sea, public health, oil pollution, wireless telegraphy, immigration or customs, or in regard to which the prosecution is instituted by a private person; or c the offence is one punishable (on a first conviction) with imprisonment for a term that may extend to five years or with a more severe sentence. 5 The Kingdom of Denmark is designated for the purposes of section 6 of the Consular Relations Act 1968 (which relates to detention on board ship for disciplinary offences). W. G. Agnew

The Consular Relations (Merchant Shipping) (Spanish State) Order 1970 At the Court at Buckingham Palace, the 17th day of December 1970 Present, The Queen's Most Excellent Majesty in Council Her Majesty, by virtue and in exercise of the powers conferred on Her by sections 4, 5, 6 and 16(2) of the Consular Relations Act 1968 or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 This Order may be cited as the Consular Relations (Merchant Shipping) (Spanish State) Order 1970 and shall come into operation on 1st January 1971. 2 1 For the purposes of Articles 3 and 4 of this Order and for the purposes of section 6 of the Consular Relations Act 1968 as applied by virtue of Article 5 of this Order a ship shall be treated as belonging to the Spanish State if it is registered in Spain. 2 Nothing in this Order shall apply to any ship of war. 3 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 3 Proceedings relating to the remuneration or any contract of service of the master or a member of the crew of any ship belonging to the Spanish State shall not be entertained by any court in the United Kingdom unless a consular officer of the Spanish State has been notified of the intention to invoke the jurisdiction of that court and has not objected within a period of two weeks from the date of such notification and a statement to that effect is included among the details on which the claim is based at the time when proceedings are commenced. 4 Where an offence is alleged to have been committed on board any ship belonging to the Spanish State by the master or a member of the crew, proceedings for the offence instituted otherwise than at the request or with the consent of a consular officer of the Spanish State shall not be entertained by any court in the United Kingdom, unless — a the offence is alleged to have been committed — i by or against a person who is a citizen of the United Kingdom and Colonies, a citizen of Southern Rhodesia, a British subject by virtue of sections 2, 13 and 16 of the British Nationality Act 1948 or the British Nationality Act 1965, or a British protected person within the meaning of the said Act of 1948; or ii against a person other than the master or a member of the crew; or b the offence is one involving the tranquillity or safety of a part, or the law relating to safety of life at sea, public health, oil pollution, wireless telegraphy, immigration or customs; or c the offence is one punishable (on a first conviction) with imprisonment for a term that may extend to five years or with a more severe sentence. 5 The Spanish State is designated for the purposes of section 6 of the Consular Relations Act 1968 (which relates to detention on board ship for disciplinary offences). W. G. Agnew

The Chartered Associations (Girl Guides Association) Protection Order 1970 At the Court at Buckingham Palace, the 17th day of December 1970 Present, The Queen's Most Excellent Majesty in Council Upon application of the Girl Guides Association (being an association incorporated by Royal Charter and not being an association representative of any profession or business), made after notice thereof had been given in such manner and accompanied by such particulars as had been directed by the Secretary of State, Her Majesty, in pursuance of the powers conferred on Her by section 1 of the Chartered Associations (Protection of Names and Uniforms) Act 1926, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 1 This Order may be cited as the Chartered Associations (Girl Guides Association) Protection Order 1970 and shall come into operation on 1st January 1971. 2 The Chartered Associations (Girl Guides Association) Protection Order 1927 , is hereby revoked. 2 1 The name “The Girl Guides Association” and the special names and designations specified in paragraph 1 of the Schedule hereto, being special names and designations used by the association for members thereof or for members of any organisation constituted by the association in pursuance of their Charter, are hereby protected under the Chartered Associations (Protection of Names and Uniforms) Act 1926. 2 The badges to be worn with uniform and the badges to be worn without uniform used by the said association specified respectively in paragraphs 2 and 3 of the Schedule hereto are hereby protected under the said Act. W.G. Agnew SCHEDULE 1 Names and designations — Brownie Guide Girl Guide Ranger Guide Lone Guide Post Brownie Guide Post Guide Post Ranger Guide Lone Ranger Guide Extension Brownie Guide Extension Ranger Guide Guider Trefoil Guild. 2 Badges worn with uniform — a an embroidered cloth or metal badge showing a Brownie figure super-imposed on an outline trefoil; b a metal gold or silver badge with or without enamel or an embroidered cloth badge in the form of a trefoil, with the letter “G” in each of the side petals; c a decoration consisting of a small representation in silver of a fish, hung as an order round the neck by means of a ribbon consisting of two stripes, dark blue and light blue respectively. 3 Badges worn without uniform — a a metal badge showing a Brownie figure superimposed on an outline trefoil; b a metal gold or silver badge with or without enamel with the letter “G” in each of the side petals.

The Police (Compensation) (Amendment) Regulations 1970 Whereas the Minister for the Civil Service has determined under section 60(2) of the Local Government Act 1958 (read with Article 2(1) of the Minister for the Civil Service Order 1968 that the Secretary of State is the appropriate Minister in relation to members of police forces: Now, therefore, in exercise of the powers conferred on me by the said section 60(2) (as extended by Schedule 9 to, and read with section 58(4) of, the Police Act 1964), I hereby make the following Regulations: — 1 These Regulations may be cited as the Police (Compensation) (Amendment) Regulations 1970 and shall come into operation on 1st August 1970. 2 In these Regulations any reference to the principal Regulations is a reference to the Police (Compensation) Regulations 1965 , as amended . 3 1 Notwithstanding anything contained in the principal Regulations, Regulations 4, 5 and 6 of these Regulations shall apply with effect from the date of the coming into operation of these Regulations in relation to any compensation under the principal Regulations awarded before that date. 2 Nothing in Regulation 7 of these Regulations shall affect the entitlement of any person to compensation under the principal Regulations where that entitlement has been determined before the date of the coming into operation of these Regulations. 4 For Regulation 6(1)(a) of the principal Regulations (deductions to be made in calculating resettlement compensation) there shall be substituted the following provision: — a unemployment, sickness or injury benefit under any Act relating to national insurance claimable by him in respect of such week (excluding any amount claimable by him in respect of any dependant); . 5 After Regulation 26 of the principal Regulations (adjustment of compensation) there shall be inserted the following Regulation: — Deduction in respect of national insurance benefit 26A 1 Where in any week a person is entitled to long-term compensation for loss or diminution of emoluments and is also entitled to unemployment, sickness or injury benefit under any Act relating to national insurance, other than a benefit claimable by him in respect of a dependant, there shall be deducted from the long-term compensation payable for that week a sum equal to the amount by which the aggregate of such national insurance benefits claimable in respect of that week, the weekly rate at which the long-term compensation would be payable but for this Regulation, and the weekly rate of any superannuation benefit taken into account for the purpose of Regulation 13(4) of these Regulations, exceeds two-thirds of the weekly rate of the net emoluments of the employment which he has lost or in which the emoluments have been diminished: Provided that this paragraph shall not apply in relation to any such sickness or injury benefit in so far as an equivalent sum is deducted from the emoluments of his current employment and such deduction from those emoluments has not occasioned an increase in his long-term compensation. 2 For the purposes of paragraph (1) of this Regulation the expression “ weekly rate ” means seven three hundred and sixty-fifths of the relevant annual rate. . 6 In Regulation 27 of the principal Regulations (certain changes in circumstances to be notified to the compensating authority) there shall be inserted after sub-paragraph (c) the following provision: — or, d a person entitled to long-term compensation is receiving or starts to receive any benefit, any increase in benefit or any further benefit under any Act relating to national insurance, . 7 After Regulation 38(2) of the principal Regulations (which relates to interpretation) there shall be inserted the following provision: — 2A Except as provided in Regulations 4(2) and 10(2) of these Regulations, the expression “ relevant employment ” shall not include service in the armed forces of the Crown. . R. Maudling One of Her Majesty's Principal Secretary of State Home Office Whitehall 29th June 1970

Guyana Republic Act 1970 Operation of existing law. 1 1 All law to which this section applies, whether being a rule of law or a provision of an Act of Parliament or of any other enactment or instrument whatsoever, which was in force on 23rd February 1970, or, having been passed or made before that date, comes or has come into force thereafter, shall, unless and until provision to the contrary is made by Parliament or some other authority having power in that behalf, have the same operation in relation to Guyana, and persons and things belonging to or connected with Guyana, as it would have apart from this subsection if Guyana had not become a republic. 2 This section applies to law of, or of any part of, the United Kingdom, the Channel Islands and the Isle of Man, and, in relation only to any enactment of the Parliament of the United Kingdom or any Order in Council made by virtue of any such enactment whereby any such enactment applies in relation to Guyana, to law of any other country or territory to which that enactment or Order extends. 3 This section shall be deemed to have had effect from 23rd February 1970. Short title. 2 This Act may be cited as the Guyana Republic Act 1970.

The Children and Young Persons Act 1969 (Abolition of Approved School Orders) Order 1970 In exercise of the powers conferred upon me by section 7(5) of the Children and Young Persons Act 1969, I hereby make the following Order: — 1 This Order may be cited as the Children and Young Persons Act 1969 (Abolition of Approved School Orders) Order 1970 and shall come into operation on 31st December 1970. 2 The day specified for the purposes of section 7(5) of the Children and Young Persons Act 1969 (which provides that an order sending a person to an approved school shall not be made after such day as the Secretary of State may by order specify) shall be 31st December 1970. R. Maudling One of Her Majesty's Principal Secretaries of State Home Office Whitehall 7th October 1970

The Iron and Steel (Pension Schemes) Regulations 1970 The Minister of Technology (hereinafter referred to as “ the Minister ”) in exercise of his powers under section 40 of the Iron and Steel Act 1949, as revived and amended by section 31 of the Iron and Steel Act 1967, and after consultation with the British Steel Corporation and such organisations as appear to him to be representative of persons concerned, hereby makes the following regulations: — Citation, commencement and interpretation 1 1 These regulations may be cited as the Iron and Steel (Pension Schemes) Regulations 1970, shall come into operation on 17th August 1970 and, subject to paragraph (2) hereof, shall have effect as from that date. 2 Regulations 3, 4 and 5 shall have effect as from 28th July 1967. 3 In these regulations — “ the principal regulations ” means the Iron and Steel (Pension Schemes) Regulations 1967 . and other expressions to which a meaning is assigned by the Act or by the principal regulations have the same meaning. 4 The Interpretation Act 1889 applies for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament. 5 No modification effected by these regulations in a provision of the principal regulations affects the previous operation of that provision and in particular any approval of the Minister given for the purpose of such a provision shall continue in force. Modifications to the principal regulations 2 The principal regulations shall have effect subject to the modifications specified in regulations 3 to 5 of these regulations. 3 For regulation 2 the following regulation shall be substituted: — 2. — 1 The Corporation may for the purposes of section 40(1)(a) of the Act — a establish and administer any pension scheme which has been approved by the Minister; b with the like approval participate in any pension scheme established and administered by some other person. 2 For the purposes of any such scheme the Corporation may contribute to any pension fund or execute or maintain any policy of assurance, bond, indemnity or other similar instrument. 4 1 In paragraph (2) of regulation 3, after the words “for or in relation to the publicly-owned company” there shall be inserted the words “and for which he is eligible” ; and for the words “the 28th July 1969” there shall be substituted the words “the 28th July 1972” . 2 In paragraph (3) of regulation 3, after the words “for or in relation to that company” there shall be inserted the words “and for which he is eligible” ; and for the words “the 28th July 1969” there shall be substituted the words “the 28th July 1972” . 5 The following regulation shall be added: — Modification of pension schemes 9 1 The pension schemes to which this regulation applies referred to in sub-paragraphs (a) to (c) of paragraph (4) hereof shall have effect as if any reference therein to service as an officer of a publicly-owned company included a reference to service after the date as from which this regulation has effect with any other publicly-owned company or with the Corporation. 2 The pension schemes to which this regulation applies referred to in sub-paragraph (d) of paragraph (4) hereof shall have effect as if any reference therein to service as an officer of the Corporation included a reference to service after the said date as an officer of any publicly-owned company. 3 For the purposes of any pension scheme to which this regulation applies the service of any person as a whole-time member of the Corporation, being a person who was subject to such a scheme when he became such a member, may be treated as if it were service as an officer of the Corporation. 4 This regulation applies to — a a publicly-owned company's pension scheme; b a holding company's pension scheme; c the publicly-owned company's part of a divided pension scheme; d the pension schemes referred to in regulation 8; e the British Steel Corporation Staff Superannuation Scheme approved by the Minister on 7th July 1969; f any other pension scheme approved by the Minister and having effect by virtue of regulation 2(1)(a). Transfer of certain pension rights 6 1 As from the date of the coming into operation of these regulations: — a the other employer's part of each of the pension schemes divided pursuant to regulation 5 of the principal regulations and which are referred to in Parts I and II of the schedule to these regulations shall cease to apply to and in respect of persons who, after 31st October 1967 and before the first mentioned date, become officers of the Corporation; b the publicly-owned company's part of each of the said divided pension schemes shall apply to and in respect of such persons: and the following provisions of this regulation shall apply to the said parts. 2 In relation to the pension schemes referred to in Part I of the schedule — a as soon as practicable after the date of the coming into operation of these regulations the benefits and liabilities subsisting under policies of assurance for the purposes of the other employer's part as at the said date shall for the purposes of paragraph (1) be apportioned between the publicly-owned company's part and the other employer's part and every such apportionment shall, unless agreed between The British Independent Steel Producers' Association and the Corporation, be determined by an actuary appointed by the Minister; b the benefits apportioned under sub-paragraph (a) to the publicly-owned company's part shall be transferred to the trustees holding office for the purposes of the publicly-owned company's part on the trusts applying to that part as soon as the apportionment has been effected, and the liabilities so apportioned shall from the date on which the said benefits are transferred have effect against the said trustees; and c where the benefits and liabilities under a policy of assurance have been apportioned in accordance with this paragraph, the assurer shall amend the existing policy so that it will relate solely to the benefits and liabilities apportioned to the publicly-owned company's part, and shall issue in favour of the trustees for the purposes of the other employer's part another policy to provide for the benefits and liabilities so apportioned to that part. 3 In relation to the pension schemes referred to in Part II of the schedule, the benefits subsisting under policies of assurance for the purposes of the other employer's part shall be transferred to the trustees holding office for the purposes of the publicly-owned company's part on the trusts applying to that part, and the liabilities subsisting under such policies shall have effect against the said trustees. 4 In this regulation a reference to benefits subsisting under policies of assurance shall be construed as rights by virtue of the policies to receive monies payable under those policies on the occurrence of events specified therein, and references to liabilities so subsisting shall be construed as obligations under those policies to pay premiums. John Davies Minister of Technology Dated 3rd August 1970 SCHEDULE Regulation 6 PART I The British Iron and Steel Federation Staff Pension Fund. The Q Scheme of the British Iron and Steel Federation. The British Iron and Steel Federation Non-Contributory Pension Scheme. The British Iron and Steel Corporation Limited Pension and Life Assurance Scheme. The British Iron and Steel Federation Staff Life Assurance Scheme. The British Iron and Steel Federation Staff Supplementary Life Assurance Scheme. PART II The British Iron and Steel Federation Pension and Life Assurance Scheme. The British Iron and Steel Federation 1955 Supplementary Pension Scheme.

The Consular Relations (Privileges and Immunities) (French Republic) Order 1970 At the Court at Buckingham Palace, the 17th day of December 1970 Present, The Queen's Most Excellent Majesty in Council Whereas a draft of this Order has been laid before and approved by resolution of each House of Parliament in accordance with section 14(1) of the Consular Relations Act 1968 (hereinafter referred to as “ the Act ”): Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on Her by section 3(1) of the Act or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 This Order may be cited as the Consular Relations (Privileges and Immunities) (French Republic) Order 1970 and shall come into operation on 1st January 1971. 2 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 3 The like exemption from dues and taxes as is accorded under Article 32 in Schedule 1 to the Act to the residence of the career head of a consular post shall be extended to the residence of a consular officer or consular employee of the French Republic of which the French Republic or any person acting on its behalf is the owner or lessee. 4 1 Paragraph 2 of Article 50 in Schedule 1 to the Act (exemption from customs duties) shall be applied in regard to consular employees of the French Republic who satisfy the conditions set out in paragraph (2) of this Article as if the words “in respect of articles imported at the time of first installation” were omitted. 2 The conditions referred to in paragraph (1) of this Article are that the consular employee concerned — a is not a citizen of the United Kingdom and Colonies, a person who is a British subject by virtue of section 2, 13 or 16 of the British Nationality Act 1948 or the British Nationality Act 1965, or a British protected person within the meaning of the said Act of 1948, and b does not carry on any private gainful occupation in the United Kingdom, and c is not permanently resident in the United Kingdom. W. G. Agnew

Tonga Act 1970 Operation of existing law. 1 1 The following provisions of this section shall have effect on and after 4th June 1970 (the date on which Tonga ceases to be a protected state and becomes an independent State within the Commonwealth); and that day is in the following provisions of this Act referred to as the appointed day. 2 Subject to the following provisions of this Act, all law which, whether being a rule of law or a provision of an Act of Parliament or of any other enactment or instrument whatsoever, is in force on the appointed day or has been passed or made before that day and comes into force thereafter, shall, unless and until provision to the contrary is made by Parliament or some other authority having power in that behalf, have the same operation in relation to Tonga, and persons and things belonging to or connected with Tonga, as it would have apart from this subsection if there had been no change in the status of Tonga on the appointed day. 3 Part I of the Schedule to this Act (which relates to enactments applicable to Commonwealth countries having fully responsible status) and Part II of that Schedule (which relates to enactments excepted from the operation of the preceding subsection) shall have effect in relation to the enactments therein mentioned; but that Schedule shall not extend to Tonga as part of its law. 4 Subsection (2) of this section applies to law of, or of any part of, the United Kingdom, the Channel Islands and the Isle of Man and, in relation only to any enactment of the Parliament of the United Kingdom or any Order in Council made by virtue of any such enactment whereby any such enactment applies in relation to Tonga, to the law of any other country or territory to which that enactment or Order extends. Consequential modifications of British Nationality Acts. 2 1 The British Nationality Acts 1948 to 1965 shall have effect on and after the appointed day as if — a in section 1(3) of the British Nationality Act 1948 (Commonwealth countries having separate citizenship) there were added at the end the words " and Tonga "; and b in Schedule 2 to the British Protectorates, Protected States and Protected Persons Order 1969 the entry relating to Tonga were omitted. 2 Nothing in subsection (1) of this section shall affect the meaning of " protected state " in any law or instrument passed or made before the passing of this Act, not being a law or instrument contained in or made under any of the British Nationality Acts 1948 to 1965. 3 In accordance with section 3(3) of the West Indies Act 1967, it is hereby declared that this section extends to all associated states. Provisions as to Orders in Council and other instruments. 3 An Order in Council or other instrument made under any Act of Parliament passed before the appointed day which varies or revokes a previous Order in Council or instrument in consequence of the change, on the appointed day, in the status of Tonga may, if made after the appointed day, be so made as to take effect on the appointed day. Short title and interpretation. 4 1 This Act may be cited as the Tonga Act 1970. 2 References in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment. SCHEDULE Amendments not affecting the Law of Tonga Section 1. PART I Extension of certain enactments applicable to Commonwealth countries having fully responsible status Diplomatic immunities 1 In section 1(6) of the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952, before the word " and " in the last place where it occurs there shall be inserted the word " Tonga ". 2 In section 1(5) of the Diplomatic Immunities (Conferences with Commonwealth Countries and Republic of Ireland) Act 1961, before the word " and " in the last place where it occurs there shall be inserted the word " Tonga ". Financial 3 In section 2(4) of the Import Duties Act 1958, before the words " together with " there shall be inserted the word " Tonga ". Armed forces 4 In the definitions of " Commonwealth force " in section 225(1) of the Army Act 1955 and section 223(1) of the Air Force Act 1955, and in the definition of " Commonwealth country " in section 135(1) of the Naval Discipline Act 1957, at the end there shall be added the words " or Tonga ". 5 In the Visiting Forces (British Commonwealth) Act 1933, section 4 (attachment and mutual powers of command) shall apply in relation to forces raised in Tonga as it applies in relation to forces raised in Dominions within the meaning of the Statute of Westminster 1931. 6 In the Visiting Forces Act 1952, in section 1(1)(a) (countries to which that Act applies), at the end there shall be added the words " Tonga or " , and, until express provision with respect to Tonga is made by Order in Council under section 8 of that Act (application to visiting forces of law relating to home forces), any such Order for the time being in force shall be deemed to apply to visiting forces of Tonga. 7 1 In section 84(2) of the Offices, Shops and Railway Premises Act 1963 (exclusion of application to visiting forces) before the words " and any country " there shall be inserted the word " Tonga ". 2 In section 78(2) of the Office and Shop Premises Act (Northern Ireland) 1966 (exclusion of application to visiting forces) before the words " and any country " there shall be inserted the word " Tonga ". 3 For the purposes of section 6 of the Government of Ireland Act 1920 (conflict of laws) the last preceding sub-paragraph shall be deemed to be contained in an Act passed before the day appointed for the purposes of that section. Commonwealth Institute 8 In section 8(2) of the Imperial Institute Act 1925, as amended by the Commonwealth Institute Act 1958 (power to vary the provisions of the said Act of 1925 if an agreement for the purpose is made with the governments of certain territories which for the time being are contributing towards the expenses of the Commonwealth Institute), at the end there shall be added the words " and Tonga ". PART II Exceptions from section 1(2) 9 Section 1(2) of this Act shall not apply — a to the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957, or b to the Fugitive Offenders Act 1967. 10 Notwithstanding anything in section 1(2) of this Act, the Colonial Development and Welfare Act 1959 shall not apply in relation to Tonga as if it were a colony within the meaning of that Act.

The British Transport (Amalgamation of Railways' Pension Funds) (No. 1) Order 1970 The Minister of Transport makes this Order in exercise of his powers under section 74 of the Transport Act 1962 and of all other enabling powers: — Commencement, citation and interpretation 1 1 This Order shall come into operation on the 6th April 1970, and may be cited as the British Transport (Amalgamation of Railways' Pension Funds) (No. 1) Order 1970. 2 In this Order, unless the context otherwise requires — “ the amalgamated fund ” has the meaning given in Article 2 of this Order ; “ the amalgamation date ” means the 6th April 1970 ; “ the Board ” means the British Railways Board ; “ existing fund ” means a pension fund specified in column (1) of Schedule 1 to this Order ; “ the Management Committee ” has the meaning given in Article 6 of this Order ; “ the Minister ” means the Minister of Transport ; “ section ”, in relation to the amalgamated fund, means one of the sections of that fund specified in column (2) of Schedule 1 to this Order ; “ Sectional Committees ” has the meaning given in Article 4 of this Order and “ a Sectional Committee ” means one of those committees . 3 References in this Order to a section of the amalgamated fund as corresponding to an existing fund are references to the section specified in column (2) of Schedule 1 to this Order opposite to the name of that fund in column (1) of that Schedule. 4 Unless the context otherwise requires, references in this Order to the provisions of any enactment or instrument shall be construed as references to those provisions as amended, re-enacted or modified by or under any subsequent enactment or instrument. 5 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. Amalgamation of pension funds 2 1 On the amalgamation date the four existing pension funds specified in column (1) of Schedule 1 to this Order shall be amalgamated and become one pension fund to be known as the British Railways Superannuation Fund (which pension fund is in this Order referred to as “ the amalgamated fund ”) . 2 The amalgamated fund shall be vested in the Board and shall consist of the four sections specified in column (2) of the said Schedule, each section corresponding to the existing fund specified in column (1) of the said Schedule opposite to the name of that section in column (2) of that Schedule. 3 On and after the amalgamation date the Board shall, subject to the provisions of this Order, hold all the assets of the existing funds as assets of the amalgamated fund on trust and subject to provisions which correspond, as respects each of the said sections, to the provisions which were, immediately before the amalgamation date, applicable to the existing fund to which such section corresponds. Members and beneficiaries of the amalgamated fund 3 On the amalgamation date all persons who immediately before that date — a were contributing or non-contributing members of an existing fund shall become contributing or non-contributing members (as the case may be) of the corresponding section of the amalgamated fund, b were in receipt of, or contingently entitled to, benefit from an existing fund shall become entitled immediately or contingently (as the case may be) to the same benefit from the corresponding section of the amalgamated fund, c were eligible for admission, or had rights of readmission, to an existing fund shall be similarly eligible for admission, or have similar rights of admission, to the corresponding section of the amalgamated fund; and all the persons aforesaid shall have the same rights against and the same obligations towards the amalgamated fund as they had against or towards their existing fund. Application of existing statutory provisions etc 4 1 Subject to the provisions of this Order, on and after the amalgamation date, a all statutory provisions, rules and other instruments which immediately before that date had effect as respects an existing fund (including, in particular, but without prejudice to the generality of the foregoing, the provisions conferring powers to alter the rules or scheme of the fund) shall have the like effect as respects the corresponding section of the amalgamated fund; b the committees of management of the existing funds shall continue in existence as committees for the management of the corresponding sections of the amalgamated fund (in this Order referred to as “ Sectional Committees ”) and the existing provisions relating to their appointment, constitution and functions shall remain effective ; c the existing members of the said committees shall continue in office as members of the corresponding Sectional Committees until new appointments fall to be made under the provisions aforesaid. 2 Without prejudice to the generality of paragraph (1) of this Article, the provisions of the British Transport Reorganisation (Pensions of Employees) (No. 1) Order 1964 (so far as applicable) and of Articles 3 and 4 of the British Transport (Pensions of Employees) (No. 1) Order 1969 shall on and after the amalgamation date apply in relation to the amalgamated fund as they apply immediately before that date to each of the existing funds. Investment 5 1 The provisions of this Article shall have effect with respect to the investment of the amalgamated fund with a view, among other things, to securing uniform powers of investment for the whole of the fund. 2 The Board shall have power to invest in securities in which trustees are for the time being authorised by law to invest trust funds and in such other securities and investments as the Board may, with the consent of the Minister, determine. 3 Where immediately before the amalgamation date assets of any of the existing funds are in the form of deposits with the Board (having been applied by the Board to the general purposes of the Board's undertaking) the Board may continue to hold as trustees for the amalgamated fund the whole or any part of such assets in that form until such time or times as the Board otherwise determine and, so long as any such assets are held by the Board in the form of such deposits, the Board shall credit the amalgamated fund with interest at such rate (not being less than 5 per cent. per annum) as they may from time to time determine on the assets for the time being so held. 4 If in any half year the total sum received by the amalgamated fund by way of dividends, net rent, interest and underwriting commission falls short of a sum equal to 2 per cent. of the total amount of that fund, the Board shall pay or credit to the amalgamated fund a sum equal to the difference between the said two sums. This provision shall have effect as respects the period between the amalgamation date and the 30th June 1970 as if “1 per cent.” were substituted for “2 per cent.” . 5 For the purposes of the last foregoing paragraph the amount of the amalgamated fund shall be taken as the total of the balances held in the accounts of the fund at the commencement of the half year concerned or, as respects the period between the amalgamation date and the 30th June 1970, the aggregate of the balances held in the existing funds immediately before the amalgamation date, and the expression “ net rent ” shall mean rent after deduction of all expenses incurred in connection with the collection of the said rent or the management of the properties in respect of which the rent is payable , and the expression “ half year ” shall mean any period of 6 months ending on the 30th June or the 31st December in any year . 6 The provisions of paragraph (4) of this Article shall have effect in place of such provisions applicable to any of the existing funds as require the Board to credit that fund with such sums as will amount, together with dividends and interest received, to a sum equal to interest at the rate of 4 per cent. per annum on the total capital amount of the fund concerned. 7 The Board may charge the assets of the amalgamated fund as security for money borrowed for the purposes of the fund. 8 As to all immovable property held by the amalgamated fund (whether situate in England or any other part of the United Kingdom, the Isle of Man or the Channel Islands and whether purchased alone or jointly or in common with any other person or corporation), the Board shall have and may exercise or join in exercising, except as provided in the next following paragraph, all the powers of management, or superintending the management thereof, referred to in section 102 of the Settled Land Act 1925, and also generally all the powers conferred upon a tenant for life or the trustees of a settlement under the said Act, and, by way of extension of such powers, power to carry out with moneys forming part of the amalgamated fund any improvements of any kind to land or buildings (whether referred to in the said Act or not and including the erection, demolition and reconstruction of any buildings), and may grant or join in granting leases of any kind for any term not exceeding 999 years and on such terms and conditions as may be thought desirable, and may grant or join in granting options. 9 Nothing in the last preceding paragraph of this Article shall be construed or have effect so as to enable the Board to borrow money otherwise than in accordance with section 19 of the Transport Act 1962. Management Committee 6 1 There shall be a Committee for the management and general direction of the amalgamated fund (in this Order referred to as “ the Management Committee ”) which shall be constituted and exercise its functions in accordance with the provisions of Schedule 2 to this Order, and each Sectional Committee shall exercise its functions subject to such management and general direction by the Management Committee . 2 In addition to its functions of management and general direction of the amalgamated fund the Management Committee shall (subject as hereinafter provided) have power to review and alter decision of any Sectional Committee and to deal with any other matters referred to it by a Sectional Committee. 3 The Management Committee shall not have power to review or alter the decision of any Sectional Committee on claims made on the amalgamated fund by members of, or beneficiaries under, the section in question or on questions of fact arising in connection with such members or beneficiaries or on matters of procedure affecting that section. 4 The approval of employments in respect of which there are reciprocal arrangements for the preservation of pension rights shall be a function of the Management Committee. General meetings, officers, accounts 7 1 The provisions of Schedules 3, 4 and 5 to this Order shall have effect with respect to general meetings of members of the amalgamated fund, the officers of the amalgamated fund and the accounts (including audit of accounts) of the amalgamated fund. 2 It shall not be necessary after the amalgamation date to hold separate meetings of the members of the several sections of the amalgamated fund under the provisions applicable thereto by virtue of Article 4 of this Order, but matters specifically relating to a section (including, in particular, the appointment of contributors' or members' committee-men to the Sectional Committee and the alteration of the rules or scheme of the section) may be dealt with at a General Meeting of members of the amalgamated fund. Where such matters are so dealt with, they shall be determined by the members of the section in question voting as a separate group at the General Meeting, and any specific provisions or rules applicable to that section by virtue of Article 4 of this Order and relating to voting by members in general meeting or otherwise to the taking by them of decisions on the matters aforesaid shall have effect in relation to such determination by the members of that section voting as a separate group as aforesaid, but where in any year the election of contributors' or members' committee-men to a Sectional Committee is to take place at the Annual General Meeting of the amalgamated fund, the names of the candidates nominated, together with their consents in writing to act, shall be forwarded to the Secretary of the amalgamated fund during the first ten days of May in that year. 3 It shall not be necessary after the amalgamation date to appoint separate secretaries, actuaries or auditors of the several sections of the amalgamated fund but the secretary, the actuary or actuaries and the auditors of the amalgamated fund may act in such capacities in relation to each such section and may exercise the functions of those officers under the provisions applicable to such section by virtue of Article 4 of this Order. 4 The provisions relating to the preparation and audit of the accounts and applicable to the existing funds immediately before the amalgamation date shall cease to have effect on that date. Guarantee of solvency 8 1 Those provisions, applicable to the existing funds, which relate to actuarial valuations and payments by the Board to secure the solvency of the funds, shall cease to have effect on the amalgamation date. 2 The Board shall make such payments to the amalgamated fund, in addition to any other sums which are due to the amalgamated fund, as shall be certified by the actuary of the fund to be necessary to provide from the amalgamated fund the benefits prescribed by the rules of all the sections of the fund. 3 For the purpose of determining the payments required under paragraph (2) of this Article, each section shall be considered separately and a surplus in one section shall not be offset against a deficiency in another section. 4 For the purposes of paragraph (3) of this Article the part of the LNER section of the amalgamated fund which relates to persons admitted to the London and North Eastern Railway Superannuation Fund before the 1st June 1957 and the remaining part of that section shall be regarded as separate sections of the amalgamated fund. Management expenses 9 1 The cost of the acquisition or disposal of investments of the amalgamated fund shall be borne by the fund except in so far as the Board may decide to bear such cost. 2 All other costs, charges and expenses whatsoever incurred in or in connection with the management of the amalgamated fund shall be borne by the Board. Protection against worsening of position 10 No person, other than the Board, shall be placed in a worse position by reason of the operation of this Order and the provisions of this Order shall have effect subject to this requirement. Sealed with the Official Seal of the Minister of Transport the 20th March 1970. Fred Mulley Minister of Transport SCHEDULE 1 (1) (2) Existing Fund Corresponding Section of Amalgamated Fund London and North Eastern Railway Superannuation Fund. LNER section Great Western Railway Superannuation Fund. GWR section Southern Railway Superannuation Fund. SR section London Midland and Scottish Railway Superannuation Fund. LMSR section SCHEDULE 2 THE MANAGEMENT COMMITTEE 1 The Management Committee shall consist of 16 persons, of whom 8 shall be Board's committee-men and and 8 members' committee-men. 2 The Board's committee-men shall be appointed by the Board from time to time. 3 Two members' committee-men shall be appointed from time to time by each Sectional Committee from among the members of the said Sectional Committee who have been elected by the members of that section. 4 The Chairman of the Management Committee shall be one of the Board's committee-men and shall be appointed from time to time by the Board. 5 The procedure of the Management Committee shall, subject to the provisions of this Order, be regulated from time to time by the Management Committee. 6 Six members of the Management Committee (of whom not less than two shall be Board's committee-men and not less than two members' committee-men) shall constitute a quorum and no business shall be transacted at a meeting of the Management Committee unless a quorum be present. 7 The decision of the majority of the Management Committee present at a meeting thereof shall be the decision of the Management Committee. The Chairman shall, in the case of equal division, have a second or casting vote. 8 The Management Committee may exercise its powers during and notwithstanding any casual vacancy in its body. 9 Whenever it is necessary for the Management Committee to decide a question of fact, the Committee may act upon such proof and presumption as the Committee deems satisfactory, whether the same be legally admissible as evidence or not. SCHEDULE 3 GENERAL MEETINGS OF MEMBERS 1 An Annual Meeting of members of the amalgamated fund shall be held in the month of June in every year, at such time and place as the Management Committee shall from time to time appoint, for the purpose of receiving the annual report and accounts and for the conduct of the general business of the fund. 2 Any member desiring to move a resolution at the Annual Meeting relating to the affairs or administration of the amalgamated fund shall not later than the 30th April give to the Secretary notice in writing signed by the member and setting forth the proposed resolution and a copy of such resolution shall be sent by the Secretary to every member not less than 14 days before the date appointed for the Annual Meeting. 3 An Extraordinary Meeting of members may from time to time be convened by the Management Committee but in a case where the business to be transacted at such meeting concerns a particular section of the amalgamated fund, only after the Sectional Committee concerned has had an opportunity to consider that business. An Extraordinary Meeting shall be convened on a requisition (stating the purpose for which the meeting is desired) to the Secretary signed by at least 50 members. An Extraordinary Meeting shall be held at such time and place as the Management Committee shall appoint. 4 The notice convening an Extraordinary Meeting shall specify the business to be transacted and no business shall be transacted thereat which is not so specified. 5 1 The Management Committee when convening any General Meeting shall give not less than 14 days' notice by advertisement or otherwise as the Management Committee may determine of the date, place and hour appointed for the meeting. 2 Not less than 14 days before the date appointed for an Annual Meeting, there shall be sent to every member a copy of the annual report and accounts of the amalgamated fund and of any special report made by the auditors. 3 The non-receipt by a member of a notice or of a copy of the said report and accounts shall not invalidate the proceedings at any meeting. 6 The chairman of every General Meeting shall be the chairman of the Management Committee or a Board's committee-man. 7 1 Twenty members shall form a quorum at a General Meeting and no business (except the adjournment of the meeting) shall be transacted at any such meeting unless a quorum is present when the meeting proceeds to business. 2 In the case of a General Meeting at which the business due to be transacted includes the election of the contributors' committee-men (or members' committee-men) for one or more Sectional Committees, each such election shall take place only if there are present at least twenty members entitled to vote in respect of the relevant Sectional Committee. 3 In the case of an Extraordinary Meeting at which the business to be transacted includes the amendment of the rules applicable to a particular section or the confirmation of such amendment, the said business shall only be taken in relation to that section if there are present at least twenty members who belong to that section. 4 The provisions of this paragraph have effect subject to paragraph 8 below. 8 1 If within one hour from the time appointed for the holding of a General Meeting a quorum is not present, the meeting shall stand adjourned to the same day in the next week at the same time and place, and, if at the adjourned meeting a quorum is not present within one hour from the time appointed for holding the meeting, the members then present shall form a quorum. 2 If in the case of such a General Meeting as is referred to in subparagraph (2) or such an Extraordinary Meeting as is referred to in subparagraph (3) of the last foregoing paragraph the requisite number of members of the particular section is not present, then (after transacting all business other than that for which such number is required) the meeting shall stand adjourned to the same day in the next week at the same time and place and if at the adjourned meeting the requisite number of such members is not present within one hour from the time appointed for holding the meeting, then the actual number of members of the section in question present at the meeting shall be a sufficient number for transacting the business relating to that section. 9 Every resolution moved at a General Meeting shall be decided in the first instance by a show of hands of the members present and, unless a poll be demanded by at least 30 members present, or by one half of the members present, a resolution declared by the chairman to have been carried shall be deemed to be the resolution of the meeting. 10 1 Each member present at a General Meeting shall have one vote and no person other than a member shall vote thereat: Provided that a Board's committee-man on the Management Committee or a Sectional Committee shall be entitled to be present and to have a vote (but only one vote) and otherwise to act at a General Meeting as if he were a member, and in case of an equality of votes the chairman shall have an additional or casting vote. 2 A member who is present at a General Meeting and is proxy for any other member shall in the event of a poll being demanded and taken have in addition to his own vote one vote for each member for whom he is proxy. 11 If a poll be taken, it shall be taken by open voting or, if 30 or more members or one half of the members present so desire, by secret voting. The chairman may adjourn the meeting for a reasonable time for the purposes of taking the poll and the result of the poll shall be deemed to be the decision of the meeting at which the poll was demanded and shall be binding on the members. 12 A member may appoint any other member of the section of which he is a member as his proxy for voting at a General Meeting where a poll is demanded and taken. Such an appointment shall be made by an instrument of proxy in the form hereinafter provided or to the like effect and shall be signed by the member appointing the proxy and shall be left with the Secretary or at his office at least 48 hours before the time appointed for holding the meeting therein specified and shall be available only for that meeting and any adjournment thereof. 13 The following shall be the form of an instrument of proxy: — . 14 Every such instrument of proxy shall be valid until it be either revoked by a notice in writing under the hand of the appointing member and left with the Secretary or at his office or by the attendance of the appointing member at the meeting for which the proxy was given. 15 The chairman of a General Meeting at which a quorum is present may with the consent of the majority of the members present thereat adjourn the meeting to any hour of the same or a later day. Whenever a meeting is adjourned for 10 days or more, notice of the adjourned meeting shall be given in the same manner as of an original meeting, but save as aforesaid a member shall not be entitled to any notice of an adjournment or of the business to be transacted at an adjourned meeting. No business shall be transacted at an adjourned meeting other than business which might have been transacted at the meeting for which the adjournment took place. 16 The declaration by the chairman of a General Meeting that a resolution has been carried or carried by a particular majority or lost shall be conclusive. 17 Minutes of the proceedings of every General Meeting shall be recorded by the Secretary in a book to be kept for that purpose, and the minutes shall be signed within 14 days of the meeting by the chairman of the meeting or failing him by any three members of the Management Committee present thereat, and the minutes when so recorded and signed shall in the absence of proof of error therein be conclusive evidence of the proceedings. 18 The members in General Meeting shall have no powers except such as are conferred upon them expressly or by implication by this Order. SCHEDULE 4 OFFICERS 1 1 A Secretary of the amalgamated fund shall be appointed by the Management Committee with the assent of the Board and shall continue in office as the Management Committee and the Board so determine. 2 The Secretary shall be responsible to the Management Committee or Sectional Committees as appropriate for the general administration of the amalgamated fund and for the keeping of records and accounts. 3 The Board shall also appoint such other persons as may be necessary to assist the Secretary in the performance of his duties and the salaries of the Secretary and such other persons shall be determined and paid by the Board. 2 1 The Auditors of the amalgamated fund shall be such persons as are from time to time appointed as auditors of the accounts of the Board by the Minister and, in addition, a Contributors' Auditor who shall be a member of the amalgamated fund and shall be nominated and elected at the first Annual Meeting to be held after the amalgamation date and thereafter triennially at the Annual Meeting. 2 In the event of a casual vacancy occurring in the office of Contributors' Auditor by reason of the auditor dying, resigning, ceasing to be a member of the amalgamated fund or otherwise, the vacancy shall be filled by a member of the amalgamated fund appointed by the contributors' or members' committee-men on the Management Committee at a meeting specially convened for the purpose and the person so appointed shall hold office for the remainder of the period for which his predecessor would have held office. 3 Any Contributors' Auditor appointed under this paragraph shall not be less than 21 years of age. 3 The Management Committee with the assent of the Board shall appoint an actuary or actuaries, being a Fellow or Fellows of the Institute of Actuaries or of the Faculty of Actuaries, to hold office so long as the Management Committee with the like assent shall determine, who shall make an investigation of the financial position of each section of the amalgamated fund separately as at the 31st December 1972 and thereafter at intervals of 5 years or such less interval as the Management Committee with the like assent shall determine, and shall report thereon to the Management Committee who shall furnish a copy of the report to the Board and to the Sectional Committees. For the purposes of this paragraph the part of the LNER section of the amalgamated fund which relates to persons admitted to the London and North Eastern Railway Superannuation Fund before the 1st June 1957 and the remaining part of that section shall be regarded as separate sections of the amalgamated fund. 4 The Medical Officer of the amalgamated fund shall be a medical officer or medical officers appointed by the Management Committee but if no such appointment is made any medical officer or medical officers appointed by the Board shall exercise the functions of the Medical Officer. SCHEDULE 5 ACCOUNTS AND AUDIT 1 The annual accounts of the amalgamated fund shall be prepared as at the 31st December each year. 2 The annual accounts, together with a report thereon by the Auditors, shall be presented to the Management Committee at a meeting to be held not later than 21 days before the Annual Meeting in each year. 3 The appropriate Sectional Committee may in their discretion on the written request of a member authorise the inspection by him of the records of the amalgamated fund. 4 1 The accounts shall be made up separately for each section and for the amalgamated fund as a whole. 2 For the purposes of the accounts there shall be credited to each section of the amalgamated fund, as at the amalgamation date, the book value of the assets of the existing fund to which that section corresponds. 3 There shall be debited to each such section from the amalgamation date onwards all the expenditure from the amalgamated fund which is incurred in respect of members and beneficiaries of the section concerned. 4 There shall be credited to each section from the amalgamation date onwards all the income of the amalgamated fund applicable to that section and all the income of the amalgamated fund which arises under Article 8 of this Order and which is certified by the Actuary to relate to that section. 5 All the investment income and other income which arises in respect of the assets of the amalgamated fund shall be apportioned between the sections in such a manner that each section is credited with the income which arises in respect of those assets which are treated by the Board for this purpose as being attributable to that section. In calculating income for the purpose of this subparagraph account shall be taken of the net profit or net loss resulting from the realisation of any of the investments or other assets of the amalgamated fund. 6 All other income and expenditure of the amalgamated fund shall be credited or debited to such sections as the Board shall determine. 5 The accounts for the LNER section of the amalgamated fund shall show separately the figures for the part of that section which relates to persons admitted to the London and North Eastern Railway Superannuation Fund before the 1st June 1957 and the part of that section which relates to persons admitted to that fund on or after that date and to persons admitted to the LNER section of the amalgamated fund on or after the amalgamation date, and for this purpose the provisions of paragraph 4 of this Schedule shall have effect as if those parts were separate sections of the amalgamated fund.

The Consular Relations (Merchant Shipping) (Italian Republic) Order 1970 At the Court at Buckingham Palace, the 17th day of December 1970 Present, The Queen's Most Excellent Majesty, in Council Her Majesty, by virtue and in exercise of the powers conferred on Her by sections 4, 5, 6 and 16(2) of the Consular Relations Act 1968 or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 This Order may be cited as the Consular Relations (Merchant Shipping) (Italian Republic) Order 1970 and shall come into operation on 1st January 1971. 2 1 For the purposes of Articles 3 and 4 of this Order and for the purposes of section 6 of the Consular Relations Act 1968 as applied by virtue of Article 5 of this Order a ship shall be treated as belonging to the Italian Republic if it is a ship flying the Italian flag. 2 Nothing in this Order shall apply to any ship of war. 3 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 3 Proceedings relating to the remuneration or any contract of service of the master or a member of the crew of any ship belonging to the Italian Republic shall not be entertained by any court in the United Kingdom unless a consular officer of the Italian Republic has been notified of the intention to invoke the jurisdiction of that court and has not objected within a period of two weeks from the date of such notification and a statement to that effect is included among the details on which the claim is based at the time when the proceedings are commenced. 4 Where an offence is alleged to have been committed on board any ship belonging to the Italian Republic by the master or a member of the crew, proceedings for the offence instituted otherwise than at the request or with the consent of a consular officer of the Italian Republic shall not be entertained by any court in the United Kingdom, unless — a the offence is alleged to have been committed — i by or against a person who is a citizen of the United Kingdom and Colonies, a citizen of Southern Rhodesia, a British subject by virtue of section 2, 13 or 16 of the British Nationality Act 1948 or the British Nationality Act 1965, or a British protected person within the meaning of the said Act of 1948; or ii against a person other than the master or a member of the crew; or b the offence is one involving the tranquillity or safety of a port, or the law relating to safety of life at sea, public health, oil pollution, wireless telegraphy, immigration or customs; or c the offence is one punishable (on a first conviction) with imprisonment for a term that may extend to five years or with a more severe sentence. 5 The Italian Republic is designated for the purposes of section 6 of the Consular Relations Act 1968 (which relates to detention on board ship for disciplinary offences). W. G. Agnew

The Friendly Societies (Decimal Currency) Regulations 1970 The Chief Registrar of Friendly Societies pursuant to the powers conferred upon him by sub-sections (2) to (5) of section 6 of the Decimal Currency Act 1969 and to all other powers enabling him in that behalf hereby makes the following Regulations: — 1 1 These Regulations may be cited as the Friendly Societies (Decimal Currency) Regulations 1970, and shall come into operation on 1st August 1970. 2 In these Regulations — “ friendly society ” means a friendly society, not being a collecting society, registered in any part of the United Kingdom under the Friendly Societies Act 1896 or a branch so registered under that Act of a friendly society so registered; “ collecting society ” has the meaning assigned by section 1 of the Industrial Assurance Act 1923 as amended by Schedule 6 to the Companies Act 1967; “ friendly society contract ” means a contract made by a friendly society with a member of the society in the course of its business in Great Britain, whether contained in the rules of the society or not; “ the new currency ” and “ the old currency ” have the meanings assigned by section 16(1) of the Decimal Currency Act 1969; “ approved scheme ” means a special scheme approved by the Chief Registrar of Friendly Societies in the circumstances provided for in regulation 5 of these Regulations; “ actuary ” means an actuary having such qualifications as may be prescribed by Regulations made under section 16(1) of the Friendly and Industrial and Provident Societies Act 1968. 3 The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament. 2 1 Subject to regulation 3, this regulation applies to payments payable under any friendly society contract made before 15th February 1971 that fall due on or after that date. 2 The amount payable in respect of any payment to which this regulation applies and which is payable by a friendly society shall be the amount in the new currency provided for in Schedule 1 to these Regulations. 3 The amount payable in respect of any payment to which this regulation applies and which is payable to a friendly society shall be — a if the payment is payable under a friendly society contract as one of a series of payments payable at intervals of two months or more, the amount in the new currency provided for in Schedule 1 to these Regulations, b if the payment is payable under a friendly society contract as one of a series of payments payable at intervals of less than two months but more than two weeks, the amount in the new currency provided for in Schedule 2 to these Regulations, c if the payment is payable under a friendly society contract as one of a series of payments payable at intervals of two weeks or less, the amount in the new currency provided for in Schedule 3 to these Regulations. 3 Regulation 2 shall not apply to any payment payable under a friendly society contract — a which is contained in or is by its terms subject to the rules of a friendly society and those rules provide for the amount in the new currency payable in respect of the payment, or b to which an approved scheme applies. 4 1 A friendly society may by resolution of its committee of management passed before 15th February 1971 adopt an approved scheme for the purpose of securing that under any friendly society contract made before that date to which the approved scheme applies no amount other than a new half-penny or multiple thereof will be payable in respect of any payment that falls due on or after that date. 2 Where a friendly society has so adopted an approved scheme the amount payable to or by the society in respect of a payment payable under any contract to which the scheme applies that falls due as aforesaid shall be the amount in the new currency provided for in the scheme. 3 Written notice of a resolution adopting an approved scheme shall within fourteen days of the passing thereof be sent by the friendly society to the Chief Registrar of Friendly Societies. 5 The Chief Registrar of Friendly Societies may before 15th February 1971 approve a special scheme intended to be adopted by a friendly society for the purpose mentioned in regulation 4 if — a in his opinion regulation 2 cannot be made to apply to payments under the contracts to which the special scheme applies without difficulty or inconvenience having regard to the times or method of their payment or to any other relevant matter, and b where by virtue of the scheme any payments payable to the friendly society are increased, an actuary has certified that the scheme provides where actuarially appropriate for suitable adjustments to the benefits for which those payments are payable. 6 Notwithstanding anything contained in the rules of a friendly society which has adopted an approved scheme, the committee of management of the society may by resolution passed before 15th February 1972 make amendments to the rules of the society in connection with the adoption by the society of the scheme. 7 1 A friendly society which has adopted an approved scheme shall before 15th February 1971 give to any person by whom a payment that falls due on or after that date is payable under a contract to which the scheme applies a written statement explaining the effect of that scheme. 2 The statement aforesaid may be given by hand or by sending it by post to a person at his last known address or where the society has provided the person with a book for the recording of payments under the friendly society contract to which the scheme applies by inserting it in that book. S.D. Musson Chief Registrar of Friendly Societies Date 23rd June 1970 SCHEDULE 1 AMOUNT IN THE NEW CURRENCY OF A PAYMENT REFERRED TO IN PARAGRAPHS (2) AND (3)(a) OF REGULATION 2 The amount in the new currency payable in respect of a payment referred to in paragraphs (2) and (3)(a) of regulation 2 shall be the amount corresponding to the amount in the old currency payable under the contract calculated as follows — for an amount or for so much of an amount as consists of one or more whole pounds the corresponding amount in the new currency is the same number of pounds; and for any whole two shillings or multiple thereof of an amount or remaining amount of less than one pound the corresponding amount in the new currency is ten new pence or that multiple thereof; and for an amount or remaining amount of less than two shillings shown in column 1 of the following table, the corresponding amount in the new currency is the amount (if any) in new pence shown opposite that amount in column 2 of that table and accordingly an amount or remaining amount of one penny shall be disregarded. TABLE Amount in old currency Corresponding amount in new pence 1d — 2d 1p 3d 1p 4d 2p 5d 2p 6d 3p 7d 3p 8d 3p 9d 4p 10d 4p 11d 5p 1s 0d 5p 1s 1d 5p 1s 2d 6p 1s 3d 6p 1s 4d 7p 1s 5d 7p 1s 6d 7p 1s 7d 8p 1s 8d 8p 1s 9d 9p 1s 10d 9p 1s 11d 10p SCHEDULE 2 AMOUNT IN THE NEW CURRENCY OF A PAYMENT REFERRED TO IN PARAGRAPH (3)(b) OF REGULATION 2 The amount in the new currency payable in respect of a payment referred to in paragraph (3)(b) of regulation 2 shall be the amount corresponding to the amount in the old currency payable under the contract or, if that amount would apart from the Friendly Societies (Halfpenny) Regulations 1969 be or include a half-penny, to the amount in the old currency payable under the contract apart from those Regulations, calculated as follows — for an amount or for so much of an amount as consists of one or more whole pounds the corresponding amount in the new currency is that number of pounds; and for any whole shilling or multiple thereof of an amount or remaining amount of less than one pound the corresponding amount in the new currency is five new pence or that multiple thereof; and for an amount or remaining amount of less than one shilling shown in column 1 of the following table, the corresponding amount in the new currency is the amount (if any) in new pence shown opposite that amount in column 2 of that table and accordingly an amount or remaining amount of one halfpenny shall be disregarded. TABLE Amount in old currency Corresponding amount in new pence ½d — 1d ½p 1½d ½p 2d 1p 2½d 1p 3d 1p 3½d 1½p 4d 1½p 4½d 2p 5d 2p 5½d 2½p 6d 2½p 6½d 2½p 7d 3p 7½d 3p 8d 3½p 8½d 3½p 9d 4p 9½d 4p 10d 4p 10½d 4½p 11d 4½p 11½d 5p SCHEDULE 3 AMOUNT IN THE NEW CURRENCY OF A PAYMENT REFERRED TO IN PARAGRAPH (3)(c) OF REGULATION 2 Payments payable weekly 1 The amount in the new currency payable in respect of a payment referred to in paragraph (3)(c) of regulation 2 which is payable weekly and which falls due on or after the relevant date shall be the amount corresponding to the amount in the old currency payable under the contract or, if that amount would apart from the Friendly Societies (Halfpenny) Regulations 1969 be or include a halfpenny, to the amount in the old currency payable under the contract apart from those Regulations, calculated as follows — a for any whole shilling or multiple thereof the corresponding amount in the new currency is five new pence or that multiple thereof; and b for any amount or remaining amount of less than one shilling shown in column 1 of the following table the corresponding amount in the new currency is, in relation to any one of four successive weekly payments in a series beginning with the payment first falling due on or after the relevant date, the amount (if any) in new pence shown opposite that amount under the appropriate weekly payment in columns 2 to 5 of that table and an amount or remaining amount of one penny or a halfpenny shall be disregarded in relation to the weekly payment under which no amount in new pence is so shown. TABLE Amount in old currency Corresponding amount in new pence 1 st weekly payment 2 nd weekly payment 3 rd weekly payment 4 th weekly payment ½d — ½p — ½p 1d — ½p ½p ½p 1½d ½p ½p ½p 1p 2d ½p 1p 1p 1p 2½d 1p 1p 1p 1p 3d 1p 1½p 1p 1½p 3½d 1½p 1½p 1½p 1½p 4d 1½p 1½p 1½p 2p 4½d 1½p 2p 2p 2p 5d 2p 2p 2p 2½p 5½d 2p 2½p 2p 2½p 6d 2½p 2½p 2½p 2½p 6½d 2½p 3p 2½p 3p 7d 2½p 3p 3p 3p 7½d 3p 3p 3p 3½p 8d 3p 3½p 3½p 3½p 8½d 3½p 3½p 3½p 3½p 9d 3½p 4p 3½p 4p 9½d 4p 4p 4p 4p 10d 4p 4p 4p 4½p 10½d 4p 4½p 4½p 4½p 11d 4½p 4½p 4½p 5p 11½d 4½p 5p 4½p 5p Payments payable fortnightly 2 The amount in the new currency payable in respect of a payment referred to in paragraph (3)(c) of regulation 2 which is payable fortnightly and which falls due on or after the relevant date shall be the amount corresponding to the amount in the old currency payable under the contract or, if that amount would apart from the Friendly Societies (Halfpenny) Regulations 1969 be or include a halfpenny, to the amount in the old currency payable under the contract apart from those Regulations, calculated as follows — a for any whole shilling or multiple thereof the corresponding amount in the new currency is five new pence or that multiple thereof; and b for any amount or remaining amount of less than one shilling shown in column 1 of the following table the corresponding amount in the new currency is, in relation to any one of two successive fortnightly payments in a series beginning with the payment first falling due on or after the relevant date, the amount (if any) in new pence shown opposite that amount under the appropriate fortnightly payment in columns 2 and 3 of that table and an amount or remaining amount of a halfpenny shall be disregarded in relation to the first of every two successive fortnightly payments. TABLE Amount in old currency Corresponding amount in new pence 1 st fortnightly payment 2 nd fortnightly payment ½d — ½p 1d ½p ½p 1½d ½p ½p 2d ½p 1p 2½d 1p 1p 3d 1p 1½p 3½d 1½p 1½p 4d 1½p 2p 4½d 2p 2p 5d 2p 2p 5½d 2p 2½p 6d 2½p 2½p 6½d 2½p 3p 7d 3p 3p 7½d 3p 3p 8d 3p 3½p 8½d 3½p 3½p 9d 3½p 4p 9½d 4p 4p 10d 4p 4½p 10½d 4½p 4½p 11d 4½p 4½p 11½d 4½p 5p 3 “ Relevant date ” in paragraphs 1 and 2 of this Schedule means — a 15th February 1971, or b 22nd February 1971 in relation to any payment payable to a friendly society which before 15th February 1971 has determined that 22nd February 1971 shall be the relevant date. 4 Where a friendly society has determined as mentioned in subparagraph (b) of the preceding paragraph, the amount in the new currency payable in respect of a payment referred to in paragraph (3)(c) of regulation 2 which is payable to the society and which falls due before 22nd February 1971 shall be the amount corresponding to the amount in the old currency (being in the case of an amount reduced or increased by one halfpenny by virtue of the Friendly Societies (Halfpenny) Regulations 1969 the amount so reduced or increased) payable under the contract calculated as follows — a for any whole shilling or multiple thereof the corresponding amount in the new currency is five new pence or that multiple thereof; and b for any amount or remaining amount of less than one shilling shown in column 1 of the following table the corresponding amount in the new currency is the amount in new pence shown opposite that amount in column 2 of that table. TABLE Amount in old currency Corresponding amount in new pence 1d ½p 2d 1p 3d 1p 4d 1½p 5d 2p 6d 2½p 7d 3p 8d 3½p 9d 4p 10d 4p 11d 4½p

The Foreign Fishing Boats (Stowage of Gear) Order 1970 The Minister of Agriculture, Fisheries and Food and the Secretaries of State for Scotland and the Home Department (being the Secretaries of State respectively concerned with the sea-fishing industry in Scotland and Northern Ireland) (herein referred to as “ the Ministers ”) in exercise of the powers conferred upon them by section 6(4) of the Sea Fisheries Act 1968 and of all other powers enabling them in that behalf hereby make the following Order: — Citation and Commencement 1 This Order may be cited as the Foreign Fishing Boats (Stowage of Gear) Order 1970 and shall come into operation on 10th March 1970. Interpretation 2 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. Stowage of Gear 3 Where under section 6(4) of the Sea Fisheries Act 1968 any fishing gear of a foreign fishing boat is required to be stowed while the boat is in any area within the fishery limits of the British Islands, such gear shall be stowed in accordance with the following provisions: — 1 All such fishing gear shall be carried wholly inboard; 2 All nets and trawlboards and weights shall be disconnected from their towing or hauling wires or ropes; 3 All trawlboards and weights shall be secured at deck level or carried below deck; 4 All nets which are on deck or above deck shall be securely lashed to some part of the superstructure of the fishing boat. In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 16th February 1970. Cledwyn Hughes Minister of Agriculture, Fisheries and Food Given under the seal of the Secretary of State for Scotland on 17th February 1970. William Ross Secretary of State for Scotland Given under the Hand of the Secretary of State for the Home Department on 27th February 1970. James Callaghan Secretary of State for the Home Department

The Geneva Conventions Act (Isle of Man) Order 1970 At the Court at Buckingham Palace, the 11th day of November 1970 Present, The Queen's Most Excellent Majesty in Council Her Majesty, in pursuance of section 8(2)(b) of the Geneva Conventions Act 1957, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 This Order may be cited as the Geneva Conventions Act (Isle of Man) Order 1970 and shall come into operation on 1st December 1970. 2 The provisions of the Geneva Conventions Act 1957 shall extend to the Isle of Man subject to the exceptions and modifications specified in the Schedule to this Order. 3 The Interpretation Act 1889 shall apply for the purpose of interpreting this Order as it applies for the purpose of interpreting an Act of Parliament. W.G. Agnew SCHEDULE EXCEPTIONS AND MODIFICATIONS TO BE MADE IN THE EXTENSION OF THE GENEVA CONVENTIONS ACT 1957 TO THE ISLE OF MAN 1 For the words “United Kingdom” wherever they occur there shall be substituted the words “Isle of Man” and any reference to the Geneva Conventions Act 1957 shall be construed as a reference to that Act as extended to the Isle of Man by this Order. 2 1 For section 1(3) there shall be substituted the following subsection: — 3 Proceedings for an offence under this section shall not be instituted except by or on behalf of Her Majesty's Attorney General for the Isle of Man. . 2 Section 1(5) shall be omitted. 3 For section 3(4) and (5) there shall be substituted the following subsections: — 4 Where counsel has been assigned in pursuance of subsection (3) of this section his costs shall be ascertained and paid in the prescribed manner. 5 The Lieutenant Governor may make rules for carrying this section into effect and, in particular, for prescribing the manner in which the costs of counsel are to be ascertained and paid. . 4 In section 4(1) (as substituted by the Criminal Appeal Act 1968) for the words from “criminal division” to “as the case may be” , there shall be substituted the words “the criminal jurisdiction of the Staff of Government Division of the High Court of Justice of the Isle of Man” , and for the words from “in section 30(1)(a)” to the end of the subsection there shall be substituted the words “in section 14(a) of the Criminal Code Amendment Act 1921 (which relates to the revesting and restitution of property on conviction) to the period of twenty eight days from the date of conviction” . 5 Section 4(1A) (as added by the said Act of 1968) shall be omitted. 6 1 In section 5(1) for the words “the Secretary of State or, in Northern Ireland, the Minister of Home Affairs for Northern Ireland” there shall be substituted the words “the Lieutenant Governor” . 2 In section 5(2) for the words “the Secretary of State or, in Northern Ireland, the Minister aforesaid” there shall be substituted the words “the Lieutenant Governor” . 7 1 In section 6(4) for the words “the passing of this Act” wherever they occur there shall be substituted the words “the coming into operation of this Act in the Isle of Man” . 2 For section 6(7) there shall be substituted the following subsection: 7 Proceedings under this section shall not be instituted except by or on behalf of Her Majesty's Attorney General for the Isle of Man. . 3 For section 6(8) and (9) there shall be substituted the following subsection: — 8 The Geneva Convention Act 1911 and the Geneva Convention Act 1937 shall cease to have effect in the Isle of Man and the Geneva Convention Act 1937 (Isle of Man) Order in Council 1938 shall cease to have effect. . 8 In section 7(1) for the definition of enactment there shall be substituted the following definition: — ‘ enactment ’ includes an Act of Tynwald; . 9 In section 8(2), paragraphs (a), (c), (d) and (e) shall be omitted.

Marriage (Registrar General's Licence) Act 1970 Marriages which may be solemnised by Registrar General's licence 1 1 Subject to the provisions of subsection (2) below, any marriage which may be solemnised on the authority of a certificate of a superintendent registrar may be solemnised on the authority of the Registrar General's licence elsewhere than at a registered building or the office of a superintendent registrar: Provided that any such marriage shall not be solemnised according to the rites of the Church of England or the Church in Wales. 2 The Registrar General shall not issue any licence for the solemnising of a marriage as is mentioned in subsection (1) above unless he is satisfied that one of the persons to be married is seriously ill and is not expected to recover and cannot be moved to a place at which under the provisions of the Marriage Act 1949 (hereinafter called the " principal Act") the marriage could be solemnised. Notice of marriage 2 1 Where a marriage is intended to be solemnised on the authority of the Registrar General's licence, notice shall be given in the prescribed form by either of the persons to be married to the superintendent registrar of the registration district in which it is intended that the marriage shall be solemnised, and the notice shall state by or before whom it is intended that the marriage shall be solemnised. 2 The provisions of section 27(4) of the principal Act (which relate to entries in the marriage notice book) shall apply to notices of marriage on the authority of the Registrar General's licence. 3 The provisions of section 28 of the principal Act (declaration to accompany notice of marriage) shall apply to the giving of notice under this Act with the exception of paragraph (b) of subsection (1) of that section and with the modification that in section 28(2) references to the registrar of births and deaths or of marriages and deputy registrar shall be omitted. Evidence of capacity, consent etc., to be produced 3 The person giving notice to the superintendent registrar under the provisions of the foregoing section shall produce to the superintendent registrar such evidence as the Registrar General may require to satisfy him — a that there is no lawful impediment to the marriage; b that the consent of any person whose consent to the marriage is required under section 3 of the principal Act, as amended by the Family Law Reform Act 1969, has been duly given; and c that there is sufficient reason why a licence should be granted; d that the conditions contained in section 1(2) of this Act are satisfied and that the person in respect of whom such conditions are satisfied is able to and does understand the nature and purport of the marriage ceremony : Provided that the certificate of a registered medical practitioner shall be sufficient evidence of any or all of the matters in subsection (1)(d) of this section referred to. Application to be reported to Registrar General 4 Upon receipt of any notice and evidence as mentioned in sections 2 and 3 above respectively the superintendent registrar shall inform the Registrar General and shall comply with any directions he may give for verifying the evidence given. Caveat against issue of Registrar General's licence 5 The provisions of section 29 of the principal Act (caveat against issue of certificate or licence) shall apply to the issue of a licence by the Registrar General with the modification that a caveat may be entered with either the superintendent registrar or the Registrar General and in either case it shall be for the Registrar General to examine into the matter of the caveat and to decide whether or not the licence should be granted and his decision shall be final, and with a further modification that the references to the superintendent registrar in that section shall refer to the superintendent registrar of the registration district in which the marriage is intended to be solemnised. Marriage of persons under eighteen 6 The provisions of section 3 of the principal Act (marriage of persons under 18) shall apply for the purposes of this Act to a marriage intended to be solemnised by Registrar General's licence as they apply to a marriage intended to be solemnised on the authority of a certificate of a superintendent registrar under Part III of the principal Act with the modification that if the consent of any person whose consent is required under that Act cannot be obtained by reason of absence or inaccessibility or by reason of his being under any disability, the superintendent registrar shall not be required to dispense with the necessity for the consent of that person and the Registrar General may dispense with the necessity of obtaining the consent of that person, whether or not there is any other person whose consent is also required. Issue of licence by Registrar General 7 Where the marriage is intended to be solemnised on the authority of the Registrar General and he is satisfied that sufficient grounds exist why a licence should be granted he shall issue a licence in the prescribed form unless — a any lawful impediment to the issue of the licence has been shown to his satisfaction to exist; or b the issue of the licence has been forbidden under section 30 of the principal Act. Period of validity of licence 8 1 A marriage may be solemnised on the authority of the Registrar General's licence at any time within one month from the day on which the notice of marriage was entered in the marriage notice book. 2 If the marriage is not solemnised within the said period of one month, the notice of marriage and the licence shall be void, and no person shall solemnise the marriage on the authority thereof. Place of solemnisation 9 A marriage on the authority of the Registrar General's licence shall be solemnised in the place stated in the notice of marriage. Manner of solemnisation 10 1 Any marriage to be solemnised on the authority of the Registrar General's licence shall be solemnised at the wish of the persons to be married either — a according to such form or ceremony, not being the rites or ceremonies of the Church of England or the Church in Wales, as the persons to be married shall see fit to adopt, or b by civil ceremony. 2 Except where the marriage is solemnised according to the usages of the Society of Friends or is a marriage between two persons professing the Jewish religion according to the usages of the Jews, it shall be solemnised in the presence of a registrar: Provided that where the marriage is to be by civil ceremony it shall be solemnised in the presence of the superintendent registrar as well as the registrar. 3 Except where the marriage is solemnised according to the usages of the Society of Friends or is a marriage between two persons professing the Jewish religion according to the usages of the Jews, the persons to be married shall in some part of the ceremony in the presence of two or more witnesses and the registrar and, where appropriate, the superintendent registrar, make the declaration and say to one another the words prescribed by section 44(3) of the principal Act. 4 No person who is a clergyman within the meaning of section 78 of the principal Act shall solemnise any marriage which is solemnised on the authority of the Registrar General. Civil marriage followed by religious ceremony 11 1 If the parties to a marriage solemnised on the authority of the Registrar General's licence before a superintendent registrar desire to add the religious ceremony ordained or used by the church or persuasion of which they are members and have given notice of their desire so to do a clergyman or minister of that church or persuasion upon the production of a certificate of their marriage before the superintendent registrar and upon the payment of the customary fees (if any), may, if he sees fit, read or celebrate in the presence of the parties to the marriage the marriage service of the church or persuasion to which he belongs or nominate some other minister to do so. 2 The provisions of section 46(2) and (3) of the principal Act shall apply to such a reading or celebration as they apply to the reading or celebration of a marriage service following a marriage solemnised in the office of a superintendent registrar. Proof of certain matters not necessary to validity of marriages 12 The provisions of section 48 of the principal Act (proof of certain matters not necessary to validity of marriages) shall apply with the appropriate modifications to a marriage solemnised under the authority of the Registrar General's licence as they apply to a marriage solemnised under the authority of a certificate of a superintendent registrar. Void marriages 13 The provisions of section 49 of the principal Act (void marriages) shall apply to a marriage under the authority of the Registrar General's licence: — a with the substitution in paragraph (b) for the words from " certificate for marriage " onwards of the words " Registrar General's licence " ; b with the omission of paragraph (c); c with the substitution for paragraph (d) of the words " on the authority of a licence which is void by virtue of section 8(2) of the Marriage (Registrar General's Licence) Act 1970 ". d with the substitution for paragraph (e) of the words " in any place other than the place specified in the notice of marriage and the Registrar General's licence ". e with the substitution for paragraphs (f) and (g) of the words " in the absence of a registrar or, where the marriage is by civil ceremony, of a superintendent registrar, except where the marriage is solemnised according to the usages of the Society of Friends or is a marriage between two persons professing the Jewish religion according to the usages of the Jews ". Documentary authority for marriage 14 Where a marriage is to be solemnised on the authority of the Registrar General's licence a document issued by the superintendent registrar stating that the Registrar General's licence has been granted and that authority for the marriage to be solemnised has been given shall be delivered before the marriage to the following person, that is to say — a if the marriage is to be solemnised according to the usages of the Society of Friends, the registering officer of that Society for the place where the marriage is to be solemnised; b if the marriage is to be solemnised according to the usages of persons professing the Jewish religion, the officer of the synagogue by whom the marriage is required to be registered under Part IV of the principal Act; c in any other case, the registrar in whose presence the marriage is to be solemnised. Registration of marriages 15 A marriage solemnised on the authority of the Registrar General's licence shall be registered in accordance with the provisions of the principal Act which apply to the registration of marriages solemnised in the presence of a registrar or according to the usages of the Society of Friends of or persons professing the Jewish religion. Offences 16 1 It shall be an offence knowingly and wilfully — a to solemnise a marriage by Registrar General's licence in any place other than the place specified in the licence; b to solemnise a marriage by Registrar General's licence without the presence of a registrar except in the case of a marriage according to the usages of the Society of Friends or a marriage between two persons professing the Jewish religion according to the usages of the Jews; c to solemnise a marriage by Registrar General's licence after the expiration of one month from the date of entry of the notice of marriage in the marriage notice book; d to give false information by way of evidence as required by section 3 of this Act; e to give a false certificate as provided for in section 3(1)(d) of this Act; and any person found guilty of any of the above-mentioned offences shall be liable on summary conviction to a fine not exceeding £100 or on indictment to a fine not exceeding £500 or to imprisonment not exceeding three years or to both such fine and such imprisonment. 2 A superintendent registrar who knowingly and wilfully solemnises or permits to be solemnised in his presence, or a registrar who knowingly and wilfully registers a marriage by Registrar General's licence which is void by virtue of Part III of the principal Act as amended by this Act shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100 or on indictment to a fine not exceeding £500 or to imprisonment not exceeding three years or to both such fine and such imprisonment. 3 No prosecution under this section shall be commenced after the expiration of three years from the commission of the offence. 4 The provisions of sections 75(1)(a) and 75(2)(a) of the principal Act shall not apply to a marriage solemnised on the authority of the Registrar General's licence. Fees 17 1 A fee of £15 shall be payable to the Registrar General in respect of the issue of his licence and he shall have power to remit the fee in whole or in part in any case where it appears to him that the payment of the fee would cause hardship to the parties to the intended marriage. 2 The Registrar General shall pay to the superintendent registrar a fee of £3 for the entry of the notice of marriage and a fee of £2 to a superintendent registrar and £2 to a registrar for attending a marriage by Registrar General's licence and these fees shall be retained by those officers. Regulations 18 1 The Registrar General, with the approval of the Secretary of State, may by statutory instrument make regulations prescribing anything which is required in this Act to be prescribed. 2 Any power to make regulations shall include power to vary or revoke those regulations. Saving 19 Nothing in this Act shall affect the right of the Archbishop of Canterbury or of any other person by virtue of the Ecclesiastical Licences Act of 1533 to grant special licences to marry at any convenient time or place, or affect the validity of any marriage solemnised on the authority of such a licence. Short title, construction, citation, extent and commencement 20 1 This Act may be cited as the Marriage (Registrar General's Licence) Act 1970. 2 This Act shall be construed as one with the Marriage Acts 1949 to 1960, and this Act and the Marriage Acts 1949 to 1960 may be cited together as the Marriages Acts 1949 to 1970. 3 This Act shall not extend to Scotland or Northern Ireland. 4 This Act shall come into force on 1st January 1971.

The Caribbean Development Bank (Subscription to Shares of the Capital Stock) Order 1970 Whereas it is provided in section 2(1) of the Overseas Aid Act 1968 that if Her Majesty's Government in the United Kingdom becomes bound by an international agreement for the establishment and operation of a regional development bank which provides for the making by members of the bank of an initial subscription to the capital stock of the bank, the Minister of Overseas Development may with the approval of the Treasury by order made by Statutory Instrument provide for the payment out of monies provided by Parliament of sums required by her for the purposes specified in that subsection: And whereas Her Majesty's Government in the United Kingdom has become bound by an international Agreement establishing a regional Development Bank for the purposes of contributing to the development of the member countries in the Caribbean which Agreement provides for each member of the Bank to subscribe to the shares of the capital stock of the Bank in the amounts and in the manner set forth in the Agreement: Now, therefore, the Minister of Overseas Development in exercise of the powers conferred upon her by section 2 of the Overseas Aid Act 1968 and with the approval of the Treasury, hereby makes the following Order: — 1 1 This Order may be cited as the Caribbean Development Bank (Subscription to Shares of the Capital Stock) Order 1970 and shall come into operation on 10th March 1970. 2 In this Order — “ the Bank ” means the Caribbean Development Bank established by the Agreement ; “ the Agreement ” means the Articles of Agreement establishing the Caribbean Development Bank dated 18th October 1969 ; “ the Minister ” means the Minister of Overseas Development . 3 The Interpretation Act 1889 shall apply to the interpretation of, and otherwise in relation to, this Order as it applies to the interpretation of, and otherwise in relation to, an Act of Parliament. 2 The Minister may, on behalf of Her Majesty's Government in the United Kingdom, out of monies provided by Parliament — a make payment of an initial subscription to the capital stock of the Bank of a sum equivalent to ten million United States dollars of the weight and fineness in effect on 1st September 1969 in accordance with paragraph 1 of Article 6 of the Agreement, paragraphs 1 and 2 of Article 7 thereof and Annex A thereof (which relate to the initial subscription of members, that of the United Kingdom being fixed by category B of the said Annex); b make any payments which may become payable under Article 24 of the Agreement (which relates to falls in the par or foreign exchange value of currencies of members); c make payment of sums required to redeem any non-interest-bearing non-negotiable notes or other obligations which may be issued or created by the Minister and accepted by the Bank in accordance with paragraph 5 of Article 7 of the Agreement in place of any amount due in currency from Her Majesty's Government in the United Kingdom by way of initial subscription to the Bank. 3 Any sums received by Her Majesty's said Government in pursuance of the Agreement shall be paid into the Consolidated Fund. Judith Hart Minister of Overseas Development Date 10th March 1970 We approve. Walter Harrison E.G. Perry Two of the Lords Commissioners of Her Majesty's Treasury Date 10th March 1970

The Passenger Transport (Compensation to Officers) Regulations 1970 The Minister of Transport, in exercise of the power conferred by section 1 of the Water Officers Compensation Act 1960 as that section is applied by section 17(3) of the Transport Act 1968, and of all other enabling powers, hereby makes the following regulations: — PART I PRELIMINARY Citation and commencement 1 1 These regulations may be cited as the Passenger Transport (Compensation to Officers) Regulations 1970. 2 These regulations shall come into operation on the 30th May 1970 and shall have effect from the 2nd September 1969. Interpretation 2 1 In these regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say: — “ accrued pension ”, in relation to a pensionable officer who has suffered loss of employment, means — if his last relevant pension scheme provided benefits in which he had a right to participate, the pension to which he would have become entitled in respect of his pensionable service according to the method of calculation, modified where necessary for the purpose of giving effect to these regulations, prescribed by that scheme if, at the date on which he ceased to be subject to that scheme, he had attained normal retiring age and complied with any requirement of that scheme as to a minimum period of qualifying service or contribution and completed any additional contributory payments or payments in respect of added years which he was in the course of making; and in any other case, such portion of the pension (if any) of which he had reasonable expectations as the compensating authority consider equitable, having regard to his age, the length of his employment at the date of loss and all the other circumstances of the case; “ accrued retiring allowance ”, in relation to a pensionable officer who has suffered loss of employment, means — if his last relevant pension scheme provided benefits in which he had a right to participate, any lump sum payment to which he would have become entitled in respect of his pensionable service according to the method of calculation, modified where necessary for the purpose of giving effect to these regulations, prescribed by that scheme if, at the date on which he ceases to be subject to that scheme, he had attained normal retiring age and complied with any requirement of that scheme as to a minimum period of qualifying service or contribution and completed any additional contributory payments or payments in respect of added years which he was in the course of making; and in any other case, such portion of the lump sum payment (if any) of which he had reasonable expectations as the compensating authority consider equitable, having regard to his age, the length of his employment at the date of loss and all the other circumstances of the case; “ accrued incapacity pension ” and “ accrued incapacity retiring allowance ” have the same respective meanings as “accrued pension” and “accrued retiring allowance” except that the reference to a person's attaining normal retiring age shall be construed as a reference to his becoming incapable of discharging efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body; “ the Act ” means the Transport Act 1968; “ added years ”, in relation to a person who suffers loss of employment, means — in the case of a contributory employee or local Act contributor any additional years of service reckonable by him in his employment immediately prior to the loss in question under regulation 12 of the Local Government Superannuation (Benefits) Regulations 1954 as amended , or, in Scotland, under regulation 12 of the Local Government Superannuation (Benefits) (Scotland) Regulations 1954 as amended , any corresponding provision of a local Act scheme, or those regulations or any such provision as aforesaid as applied by or under any enactment, and includes any additional years of service which, having been granted under any such provision or under any similar provision contained in any other enactment or scheme, have subsequently become and are so reckonable under or by virtue of rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948, or any other enactment; and in the case of any other person, any additional years of service, similar to those mentioned in paragraph (a) of this definition, reckonable by him under his last relevant pension scheme; “ additional contributory payments ” means — additional contributory payments of the kind referred to in section 2(3) and (4) of the Local Government Superannuation Act 1953; or any similar payments made under a local Act scheme or other pension scheme as a condition of reckoning any period of employment as service or as a period of contribution for the purposes of the scheme, or, where the scheme provides for the reckoning of non-contributing service, as contributing service for the purposes of the scheme; or any payments made for the purpose of increasing the length at which any period of service or of contribution would be reckonable for the purpose of calculating a benefit under a local Act scheme; or any payments similar to any of those mentioned in the foregoing sub-paragraphs made in pursuance of rules under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948; “ appropriate transfer order ”, in relation to a person who has suffered loss of employment or loss or diminution of emoluments, means the order under section 17(1) of the Act to which, or, as the case may be, to anything done in pursuance of which, that loss or that diminution is attributable; “ attributable loss ” means loss of employment or loss or diminution of emoluments which is attributable to the appropriate transfer order or to anything done in pursuance thereof; “ bus service ” has the same meaning as in the Act: “ compensating authority ” in relation to any person who has suffered attributable loss, means the Executive in relation to which provision is made by the appropriate transfer order for any transfer such as is mentioned in section 17(1) of the Act; “ compensation question ” means a question arising in relation to these regulations — as to a person's entitlement to compensation for loss of office or employment, or for loss or diminution of emoluments, or as to the manner of a person's employment or the comparability of his duties; “ contributory employee ”, “ contributing service ”, “ non-contributing service ”, “ local Act contributor ” and “ local Act scheme ” have the same meanings as in the Local Government Superannuation Act 1937 or, in Scotland, as in the Local Government Superannuation (Scotland) Act 1937; “ emoluments ” means all salary, wages, fees and other payments paid or made to an officer as such for his own use, and also the money value of any apartments, rations or other allowances in kind appertaining to his employment, but does not include payments for overtime, other than payments which are a usual incident of his employment, or any allowances payable to him to cover the cost of providing office accommodation or clerical or other assistance, or any travelling or subsistence allowance or other moneys to be spent, or to cover expenses incurred, by him for the purposes of his employment; and “ net emoluments ”, in relation to any employment, means the annual rate (modified where necessary in accordance with regulation 42) of the emoluments of that employment less such part of those emoluments as the officer was liable to contribute under a pension scheme, and in relation to any employment which has been lost or the emoluments of which have been diminished, the expression means the annual rate of emoluments as aforesaid immediately before the loss or diminution, as the case may be: Provided that, where fees or other variable payments were paid to an officer as part of his emoluments during any period immediately preceding the loss or diminution, the amount in respect of fees or other variable payments to be included in the annual rate of emoluments shall be the annual average of the fees or other payments paid to him during the period of 5 years immediately preceding the loss or diminution, or such other period as the compensating authority may think reasonable in the circumstances: “ enactment ” means any Act or any instrument made under an Act; “ Executive ” means a Passenger Transport Executive for the establishment of which provision has been made by an order under section 9(1) of the Act; “ ferry service ” has the same meaning as in the Act; “ local authority ” means , in England and Wales, the council of a county, county borough, metropolitan borough, London borough, county district, rural parish or borough included in a rural district, the Greater London Council, the Common Council of the City of London and the council of the Isles of Scilly, any two or more of those authorities acting jointly and any joint committee, combined authority or joint board and a police authority for a county, a borough or a combined police area; and means in Scotland, any county council, town council or district council including any joint committee or joint board of such authorities appointed under any enactment, order or scheme; “ long-term compensation ” means compensation payable in accordance with the provisions of Part IV of these regulations for loss of employment or loss or diminution of emoluments; “ material date ”, in relation to any person who suffers attributable loss, means — for the purposes of regulation 3 and regulation 5, the date on which the appropriate transfer order is made and for any other purpose of these regulations, the date appointed by the appropriate transfer order for the transfer of persons to the service of the Executive or the date on which that person suffered attributable loss whichever is the earlier; “ minimum pensionable age ” means , in relation to a pensionable officer, the earliest age at which, under his last relevant pension scheme, he could have become entitled to receive payment of a pension, other than a pension payable in consequence of his redundancy, the termination of his employment in the interests of efficiency or his incapacity to discharge efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body; “ Minister ” means the Minister of Transport; “ national service ” means service which is relevant service within the meaning of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, and includes service immediately following such service as aforesaid, being service in any of Her Majesty's naval, military or air forces pursuant to a voluntary engagement entered into with the consent of the authority or person under whom an officer held his last relevant employment; “ normal retiring age ” means , in the case of a pensionable officer to whom an age of compulsory retirement applied by virtue of any enactment to which he was subject in the employment which he has lost or the emoluments of which have been diminished or by virtue of the conditions of that employment, that age, and, in any other case, the age of 65 years if the officer is a male, or 60 years if the officer is a female; “ officer ” includes the holder of any place, situation or employment (other than membership of a Passenger Transport Authority) whether by virtue of an agreement for the rendering by him of personal services, by appointment, or otherwise, and the expression “ office ” shall be construed accordingly; “ Passenger Transport Authority ” means a Passenger Transport Authority for the establishment of which provision has been made by an order under section 9(1) of the Act; “ pensionable officer ”, in relation to a person who has suffered attributable loss means a person who immediately before suffering such loss was subject to a pension scheme; “ pension scheme ”, in relation to a pensionable officer, means any form of arrangement associated with his employment for the payment of superannuation benefits, whether subsisting by virtue of Act of Parliament, trust, contract or otherwise; and “ last relevant pension scheme ”, in relation to a pensionable officer means a pension scheme to which he was subject immediately before suffering attributable loss; “ reckonable service ”, in relation to a person, means any period of whole-time or part-time employment in any relevant employment and includes any period of war service or national service undertaken on his ceasing to hold any such employment but does not include employment of which account has been taken, or is required to be taken, in calculating the amount of any superannuation benefit to which he has become entitled; “ relevant employment ”, in relation to a person who suffers attributable loss, means employment — under the Crown or in the service of an Executive, a subsidiary thereof, or a local authority, or as an officer of a Passenger Transport Authority, or by any authority or body for the purposes of the Crown, an Executive, a subsidiary thereof or of local government in Great Britain, or in the service of a person whose business consists of, or includes, the provision of bus services or ferry services, being employment in connection with such provision, or under any officer employed as mentioned in either paragraph (a), (b) or (c) of this definition for the purposes of the functions of the employing authority or body, or preceding any of the foregoing employments, being employment which is reckonable for the purposes of his last relevant pension scheme; but, except as provided in regulations 7(1)(c) and 13(1)(c), the expression “relevant employment” does not include service in the armed forces of the Crown; “ resettlement compensation ” means compensation payable in accordance with Part III of these regulations for loss of employment; “ retirement compensation ” means compensation payable in accordance with the provisions of regulation 20, 21, 22 or 23; “ subsidiary ”, in relation to an Executive, has the same meaning as in the Transport Act 1962, and in this connection no account shall be taken of the provisions of section 51(5) of the Act; “ tribunal ” means a tribunal established under section 12 of the Industrial Training Act 1964; “ war service ” means war service within the meaning of the Local Government Staffs (War Service) Act 1939, the Teachers Superannuation (War Service) Act 1939 (or, in Scotland, the Education (Scotland) (War Service Superannuation) Act 1939), the Police and Firemen (War Service) Act 1939 or employment for war purposes within the meaning of the Superannuation Schemes (War Service) Act 1940 and includes any period of service in the First World War in the armed forces of the Crown or in the forces of the Allied or Associated Powers if such service immediately followed a period of relevant employment and was undertaken either compulsorily or with the permission of the employer in that employment. 2 a Where under any provision of these regulations an annual value is to be assigned to a capital sum or a capital value to an annual amount, the annual or capital value shall be ascertained in accordance with the tables set out in the Schedule to these regulations in so far as they provide for the particular case. b For the purpose of determining the application of the said tables the headings and the note to each table shall be treated as a part of the table. c Where the said tables do not provide for a case in which an annual value is to be assigned to a capital sum or a capital value to an annual amount, the annual or capital value shall be such as may be agreed between the compensating authority and the person to whom the capital sum or annual amount is payable. 3 Unless the context otherwise requires, references in these regulations to the provisions of any enactment shall be construed as references to those provisions as amended, re-enacted or modified by or under any subsequent enactment. 4 References in these regulations to a numbered regulation shall, unless the reference is to a regulation of specified regulations, be construed as references to the regulation bearing that number in these regulations. 5 References in any of these regulations to a numbered paragraph shall, unless the reference is to a paragraph of a specified regulation, be construed as references to the paragraph bearing that number in the first-mentioned regulation. 6 The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament. PART II ENTITLEMENT TO COMPENSATION Persons to whom the regulations apply 3 These regulations shall apply to any person who — a was employed immediately before the material date, either for the whole or for a part only of his time, as an officer of a local authority or under such an officer for the purposes of the functions of the local authority, or b would have been so employed at that time but for any national service on which he was then engaged. Grounds of entitlement to compensation 4 Subject to the provisions of these regulations, any person to whom these regulations apply and who suffers loss of employment or loss or diminution of emoluments which is attributable to an order made under section 17(1) of the Act or to anything done in pursuance of such order shall be entitled to have his case considered for the payment of compensation under these regulations, and such compensation shall be determined in accordance with these regulations. National service 5 1 Where any person to whom these regulations apply would have been employed immediately before the material date as an officer of a local authority or under such an officer for the purposes of the functions of the local authority but for any national service on which he was then engaged, then if before the expiry of 2 months after ceasing to be so engaged, or, if prevented by sickness or other reasonable cause, as soon as practicable thereafter, he gives notice to the compensating authority that he is available for employment, that person shall be entitled to have his case considered for the payment of compensation on the ground — a if he is not given or offered re-employment in his former office or in any reasonably comparable office (whether in the same or in a different service), of loss of employment; or b if he is so re-employed with diminished emoluments as compared with the emoluments which he would have enjoyed had he continued in his former employment, of diminution of emoluments. 2 The loss of employment which is the cause of a claim for compensation under paragraph (1)(a) shall be treated as having occurred on the earlier of the two following dates, that is to say, the date of the refusal of re-employment or a date one month after the date on which the person gave notice that he was available for employment; and the person shall be deemed to have been entitled to the emoluments which he would have enjoyed at such earlier date had he continued in his former employment. PART III RESETTLEMENT COMPENSATION Resettlement compensation for loss of employment 6 The compensating authority shall, subject to the provisions of these regulations, pay resettlement compensation to any person to whom these regulations apply and who satisfies the conditions set out in regulation 7. Conditions for payment of resettlement compensation 7 1 Without prejudice to any other requirement of these regulations, the conditions for the payment of resettlement compensation to any person are that — a he has suffered, not later than 10 years after the material date, loss of employment attributable to the appropriate transfer order or to anything done in pursuance of such order; b he has not at the date of the loss attained normal retiring age; c he has, for a period beginning 3 years immediately before the material date and ending on the date of the occurrence of the loss, been continuously engaged (disregarding breaks not exceeding in the aggregate 6 months) for the whole or part of his time in relevant employment; and for this purpose the expression “ relevant employment ” includes any period of national service immediately following such employment; d he has made a claim for such compensation in accordance with the provisions of Part VII of these regulations not later than 13 weeks after the loss of employment which is the cause of his claim or 13 weeks after the coming into operation of these regulations, whichever is the later; e the loss of employment which is the cause of his claim has occurred for some reason other than misconduct or incapacity to perform such duties as, immediately before the loss, he was performing or might reasonably have been required to perform; and f he has not, subject to paragraph (3), been offered any reasonably comparable employment under the Crown, in the service of a local authority, a Passenger Transport Authority, an Executive or a subsidiary thereof. 2 In ascertaining for the purposes of this regulation whether a person has been offered employment which is reasonably comparable with the employment which he has lost, no account shall be taken of the fact that the duties of the employment offered are in relation to a different service from that in connection with which his employment was held or are duties which involve a transfer of his employment from one place to another within Great Britain. 3 No account shall be taken for the purposes of this regulation of an offer of employment where the compensating authority are satisfied — a that acceptance would have involved undue hardship to the person, or b that he was prevented from accepting the offer by reason of ill-health or other circumstances beyond his control. Amount of resettlement compensation 8 1 The amount of resettlement compensation which may be paid to a person shall, for each week for which such compensation is payable, be a sum ascertained by taking two thirds of the weekly rate of the net emoluments which that person has lost and deducting therefrom, in addition to the items mentioned in regulation 33(3) and (4), such of the following items as may be applicable — a unemployment, sickness or injury benefit under any Act relating to National Insurance claimable by him in respect of such week (excluding any amount claimable by him in respect of a dependant); and b two thirds of the net emoluments received by him in respect of such week from work or employment undertaken as a result of the loss of employment. 2 For the purposes of this regulation the weekly rate of a person's net emoluments shall be deemed to be seven three hundred and sixty-fifths of those emoluments. Period for payment of resettlement compensation 9 Subject to the provisions of these regulations, resettlement compensation shall be payable to a person only in respect of the period of 13 weeks next succeeding the week in which he lost the employment in respect of which his claim has been made or, in the case of a person who has attained the age of 45 years, the said 13 weeks and one additional week for every year of his age after attaining the age of 45 years and before the date of the loss of employment, subject to a maximum addition of 13 such weeks. Additional provisions relating to resettlement compensation 10 1 Resettlement compensation shall be payable to a person at intervals equivalent to those at which the emoluments of his employment were previously paid or at such other intervals as may be agreed between the person and the compensating authority. 2 Resettlement compensation shall be terminated by the compensating authority — a if without reasonable cause the recipient fails to comply with any of the provisions of regulation 11, or b if on being requested to do so, he fails to satisfy the compensating authority that, so far as he is able, he is seeking suitable employment. Claimant for resettlement compensation to furnish particulars of employment 11 Every person claiming or in receipt of resettlement compensation shall (after as well as before the compensation begins to be paid) — a forthwith supply the compensating authority in writing with particulars of any employment which he obtains or of any change in his earnings from any such employment, and b if the compensating authority so require, so long as he is out of employment and is not receiving sickness or injury benefit, register with the Department of Employment and Productivity. PART IV LONG-TERM COMPENSATION FOR LOSS OF EMPLOYMENT OR LOSS OR DIMINUTION OF EMOLUMENTS Long-term compensation 12 The compensating authority shall, subject to the provisions of these regulations, pay long-term compensation to any person to whom these regulations apply and who satisfies the conditions set out in regulation 13. Conditions for payment of long-term compensation 13 1 Without prejudice to any other requirement of these regulations, the conditions for the payment of long-term compensation to any person are that — a he has suffered attributable loss not later than 10 years after the material date; b he has not, save as is provided in regulation 29, at the date of such loss attained normal retiring age; c he has, for a period beginning not less than 8 years immediately before the material date and ending on the date of the occurrence of the attributable loss, been continuously engaged (without a break of more than 12 months at any one time) for the whole or part of his time in relevant employment; and for this purpose the expression “ relevant employment ” includes any period of national service immediately following such employment; d he has made a claim for such compensation in accordance with the provisions of Part VII of these regulations not later than 2 years after the attributable loss which is the cause of the claim or 2 years after the coming into operation of these regulations, whichever is the later; and e if the cause of the claim for compensation is loss of employment — i the loss has occurred for some reason other than misconduct or incapacity to perform such duties as, immediately before the loss, he was performing or might reasonably have been required to perform; and ii he has not been offered any reasonably comparable employment under the Crown or in the service of a local authority, a Passenger Transport Authority, an Executive or a subsidiary thereof. 2 Paragraphs (2) and (3) of regulation 7 (which relate to offers of employment) shall apply for the purposes of this regulation as they apply for the purposes of regulation 7. 3 Claims for long-term compensation for loss of employment shall in all respects be treated as claims for such compensation for the loss of emoluments occasioned thereby and the provisions of these regulations shall apply to all such claims accordingly. Factors to be considered in determining payment of long-term compensation 14 1 For the purpose of determining the amount (subject to the limits set out in these regulations) of long-term compensation (if any) payable under these regulations to any person for loss or diminution of emoluments, the compensating authority shall have regard to such of the following factors as may be relevant, that is to say — a the conditions upon which the person held the employment which he has lost, including in particular its security of tenure, whether by law or practice; b the emoluments and other conditions, including security of tenure, whether by law or practice, of any work or employment undertaken by the person as a result of the loss of employment; c the extent to which he has sought suitable employment and the emoluments which he might have acquired by accepting other suitable employment offered to him; d all the other circumstances of his case: Provided that no account shall be taken of the fact that he entered the employment which he has lost or the emoluments of which have been diminished after the date on which any order under section 9(1) of the Act is made. 2 In ascertaining for the purposes of paragraph (1)(c) whether a person has been offered suitable employment, regulation 7(3) shall apply as it applies for the purpose of ascertaining whether employment is reasonably comparable with employment which has been lost. Amount of long-term compensation payable for loss of emoluments 15 1 Long-term compensation for loss of emoluments shall, subject to the provisions of these regulations, be payable until the normal retiring age or death of a person to whom it is payable, whichever first occurs, and shall not exceed a maximum annual sum calculated in accordance with the provisions of paragraphs (2) to (4). 2 The said maximum annual sum shall, subject as hereinafter provided, be the aggregate of the following sums, namely — a for every year of the person's reckonable service, one sixtieth of the net emoluments which he has lost; and b in the case of a person who has attained the age of 40 years at the date of the loss, a sum calculated in accordance with the provisions of paragraph (3) appropriate to his age at that date; but the said maximum annual sum shall in no case exceed two thirds of the net emoluments which the person has lost. 3 The sum referred to in paragraph (2)(b) shall be — a in the case of a person who has attained the age of 40 years but has not attained the age of 50 years at the date of the loss, the following fraction of the net emoluments which he has lost — i where his reckonable service is less than 10 years, one sixtieth for each year of such service after attaining the age of 40 years; or ii where his reckonable service amounts to 10 years but is less than 15 years, one sixtieth for each year of such service after attaining the age of 40 years and one additional sixtieth; or iii where his reckonable service amounts to 15 years but is less than 20 years, one sixtieth for each year of such service after attaining the age of 40 years and two additional sixtieths; or iv where his reckonable service amounts to 20 years or more, one sixtieth for each year of such service after attaining the age of 40 years and three additional sixtieths; but the sum so calculated shall not in any case exceed one sixth of the said net emoluments; b in the case of a person who has attained the age of 50 years but has not attained the age of 60 years at the date of the loss, one sixtieth of the said net emoluments for each year of his reckonable service after attaining the age of 40 years, up to a maximum of 15 such years; and c in the case of a person who has attained the age of 60 years at the date of the loss, one sixtieth of the said net emoluments for each year of his reckonable service after attaining the age of 45 years. 4 Where a person has become entitled (whether immediately or prospectively on attaining some greater age) to a superannuation benefit by way of annual amounts under a pension scheme associated with the employment which he has lost, the maximum annual sum referred to in paragraph (1) shall be the maximum sum calculated under paragraphs (2) and (3) as if he had not become so entitled. 5 Where long-term compensation is payable in respect of any period and resettlement compensation has also been paid in respect of that period, the long-term compensation shall be limited to the amount (if any) by which it exceeds the resettlement compensation paid as aforesaid. 6 Long-term compensation shall be payable to a person at intervals equivalent to those at which the emoluments of his employment were previously paid or at such other intervals as may be agreed between the person and the compensating authority. Long-term compensation for diminution of emoluments 16 Long-term compensation for diminution of emoluments in respect of any employment shall, subject to the provisions of these regulations, be awarded and paid in accordance with the following provisions: — a the compensation shall consist of an annual sum which shall be payable to a person at intervals equivalent to those at which the emoluments of his employment are or were previously paid or at such other intervals as may be agreed between the person and the compensating authority, and shall, subject to the provisions of these regulations, be payable until normal retiring age or death, whichever first occurs; and b the said annual sum shall not exceed the maximum annual sum which could have been awarded under regulation 15 if the person had suffered loss of employment and the loss of emoluments occasioned thereby had been equivalent to the amount of the diminution: Provided that no compensation shall be payable if the emoluments have been diminished by less than 2½ per cent. Date from which long-term compensation is to be payable 17 1 Long-term compensation shall be payable with effect from the date of the claim or from any earlier date permitted by the succeeding provisions of this regulation. 2 Where a claim for long-term compensation is duly made within 13 weeks of the occurrence of the loss or diminution which is the cause of the claim, or within 13 weeks of the coming into operation of these regulations, whichever is the later, the award shall be made retrospective to the date on which the loss or diminution occurred. 3 Where a claim for long-term compensation is made after the expiry of the period mentioned in paragraph (2), the award may, at the discretion of the compensating authority, be made retrospective to a date not earlier than 13 weeks prior to the date on which the claim was made: Provided that if the compensating authority are satisfied that the failure to make the claim within the period mentioned in paragraph (2) was due to ill-health or other circumstances beyond the claimant's control, the award may be made retrospective to a date not earlier than that on which the loss or diminution occurred. PART V RETIREMENT COMPENSATION AND PAYMENTS ON DEATH Entitlement to retirement compensation and other payments 18 1 The compensating authority shall, subject to the provisions of these regulations, pay retirement compensation to any person to whom this Part of these regulations applies, and shall make the other payments for which provision is made in regulations 26 to 30. 2 Save as is provided in regulation 29, this Part of these regulations applies to a pensionable officer who satisfies the conditions set out in regulation 13 and for the purposes of such application paragraph (3) of that regulation shall have effect as if for the reference therein to claims for long-term compensation there were substituted a reference to claims for retirement compensation. 3 Regulation 14 shall apply in relation to retirement compensation as it applies in relation to long-term compensation. Additional factors governing payment of retirement compensation 19 1 Where retirement compensation is payable under any one of regulations 20, 21, 22 and 23, such compensation shall not be payable under any other of those regulations. 2 If a person has attained the age of 40 years at the date on which he lost his employment or suffered a diminution of his emoluments, the compensating authority, in calculating the amount of the retirement compensation payable to him, shall credit him with additional years of service or an additional period of contribution on the following basis, namely — a 2 years, whether or not he has completed any years of service after attaining the age of 40 years, and b 2 years for each of the first 4 completed years of his reckonable service between the date when he attained the age of 40 years and the date of the loss or diminution, and c one year for each such year of service after the fourth, but the additional years of service or period of contribution so credited shall not exceed the shortest of the following periods, namely — i such number of years as, when added to his pensionable service, would amount to the maximum period of such service which would have been reckonable by him had he continued in his employment until attaining normal retiring age, or ii the number of years of his reckonable service, or iii 15 years; and in calculating the amount of any retirement compensation payable to him any period so added shall be aggregated with any years of service or period of contribution entailing reduction of the relevant pension or retiring allowance because of a retirement pension payable under section 30 of the National Insurance Act 1965. 3 When retirement compensation is awarded, or when an award is reviewed under regulation 35, the additional compensation payable in consequence of any years of service or period of contribution credited to a person under paragraph (2) may be reduced or withheld to such extent as the compensating authority may think reasonable having regard to the pension scheme (if any) associated with any further employment obtained by him. 4 If under his last relevant pension scheme the amount of any benefit to which a person might have become entitled could have been increased at the discretion of the authority administering the pension scheme or of any other body, the compensating authority may increase, to an extent not exceeding that to which his accrued pension, accrued retiring allowance, accrued incapacity pension or accrued incapacity retiring allowance might have been increased or supplemented, the corresponding component of any retirement compensation payable to him; and in this connection the compensating authority shall have regard to the terms of any relevant resolution of the authority or body with regard to the increase of benefits and to the provisions of any enactment protecting the interests of that person. 5 If under his last relevant pension scheme a person would have been entitled to surrender a proportion of any pension which might have become payable to him in favour of his spouse or any dependant, then, if he so desires and informs the compensating authority by notice in writing accordingly within one month after becoming entitled to retirement compensation under these regulations, he may surrender a proportion of so much of the said compensation as is payable by way of an annual sum on the like terms and conditions and in consideration of the like payments by the compensating authority as if the said annual sum were a pension to which he had become entitled under the said pension scheme. 6 In calculating for the purposes of regulation 20, 21 or 22 the amount of the annual sum which is equal to a person's accrued pension, no account shall be taken of any reduction falling to be made in that pension by reason of the provisions of any Act relating to National Insurance until the person reaches the age at which under his last relevant pension scheme the pension would have been so reduced. 7 In paragraph (2) the expression “ reckonable service ” includes any period of employment of which account has been taken or is required to be taken in calculating the amount of any superannuation benefit to which a person has become entitled under a pension scheme associated with the employment which he has lost or, as the case may be, the employment in which his emoluments were diminished. Retirement compensation for loss of emoluments payable to pensionable officer on attainment of normal retiring age 20 1 Subject to the provisions of these regulations, when a person to whom this Part of these regulations applies reaches normal retiring age, the retirement compensation payable to him for loss of emoluments shall be — a an annual sum equal to the amount of his accrued pension, and b a lump sum equal to the amount of his accrued retiring allowance (if any). 2 Where an annual sum is payable under this regulation in respect of any period and resettlement compensation is also payable in respect of that period, the said annual sum shall be limited to the amount (if any) by which it exceeds the resettlement compensation so payable as aforesaid. Retirement compensation payable to pensionable officer on his becoming incapacitated or reaching minimum pensionable age 21 1 Where a person to whom this Part of these regulations applies and who has suffered loss of employment before attaining what would have been his normal retiring age — a becomes incapacitated in circumstances in which, if he had continued in the employment which he has lost, he would have become entitled to a pension under his last relevant pension scheme; or b attains the age which, had he continued to serve in the employment which he has lost, would have been his minimum pensionable age, he shall be entitled on the happening of either event to claim, in lieu of any compensation to which he would otherwise be entitled under these regulations — i in the case mentioned in sub-paragraph (a) of this paragraph, an annual sum equal to the amount of his accrued incapacity pension and a lump sum equal to the amount of his accrued incapacity retiring allowance (if any), and ii in the case mentioned in sub-paragraph (b) of this paragraph, an annual sum equal to the amount of his accrued pension and a lump sum equal to the amount of his accrued retiring allowance (if any), subject however to the conditions specified in paragraph (5). 2 On receipt of a claim under paragraph (1) the compensating authority shall consider whether the claimant is a person to whom that paragraph applies, and within 13 weeks after the date of the receipt of the claim — a if they are satisfied that he is not such a person, they shall notify him in writing accordingly; or b if they are satisfied that he is such a person, they shall assess the amount of compensation payable to him and notify him in writing accordingly; and any such notification shall, for the purposes of these regulations, be deemed to be a notification by the authority of a decision on a claim for compensation. 3 A compensating authority may require any person who makes a claim under paragraph (1)(a) to submit himself to a medical examination by a registered medical practitioner selected by that authority and, if they do so, they shall also afford the person an opportunity of submitting a report from his own medical adviser as a result of an examination by him, and the authority shall take that report into consideration together with the report of the medical practitioner selected by them. 4 If a person wishes to receive compensation under this regulation, he shall so inform the compensating authority in writing within one month from the receipt of a notification under paragraph (2) or, where the claim has been the subject of an appeal, from the decision of the tribunal thereon, and the compensation shall be payable as from the date on which the compensating authority received the claim. 5 The calculation of compensation under this regulation shall be subject to the following conditions — a where the compensating authority, by virtue of regulation 19, have credited the person with additional years of service or an additional period of contribution, no account shall be taken of any additional years or period beyond the number of years which he could have served, had he not lost his employment, before the date on which the claim was received by the compensating authority; and b if, by reason of any provision of the relevant pension scheme for a minimum benefit, the amount of any such pension or retiring allowance is in excess of that attributable to the person's actual service, no account shall be taken of any such additional years or period except to the extent (if any) by which they exceed the number of years represented by the difference between his actual service and the period by reference to which the minimum benefit has been calculated; and c if the number of years by reference to which an accrued incapacity pension or accrued incapacity retiring allowance is to be calculated is less than any minimum number of years of qualifying service prescribed by the relevant pension scheme, the amount of such pension or retiring allowance shall, notwithstanding any minimum benefit prescribed by the pension scheme, not exceed such proportion of such minimum benefit as the number of years of pensionable service bears to the minimum number of years of qualifying service. Option to take retirement compensation prematurely 22 1 If a person to whom this Part of these regulations applies has suffered loss of employment after attaining the age of 50 years and so requests the compensating authority by notice in writing, he shall be entitled, as from the date on which the compensating authority receive such notice, to an annual sum equal to the amount of his accrued pension and a lump sum equal to the amount of his accrued retiring allowance (if any), and in that event he shall not be entitled to receive any further payment of long-term compensation after that date: Provided that — i in calculating the amount of the compensation payable to a person who has given such notice as aforesaid no account shall be taken of any additional years of service or period of contribution credited to him under regulation 19; and ii where the person has claimed long-term compensation the said notice shall be given not later than 2 years after a decision on the claim has been notified or, where the decision has been reviewed under regulation 35(3), not later than 2 years after the review, or if there has been more than one such review, after the latest. 2 Regulation 21(2) shall apply in relation to a notice given under the last foregoing paragraph as it applies to a claim made under paragraph (1) of that regulation. 3 Where an annual sum is payable under this regulation in respect of any period and resettlement compensation is also payable in respect of that period, the said annual sum shall be limited to the amount (if any) by which it exceeds the resettlement compensation so payable as aforesaid. Retirement compensation for diminution of emoluments 23 Regulations 20 and 21 shall apply to a person to whom this Part of these regulations applies and who has suffered a diminution of his emoluments, as if he had suffered loss of employment and as if the loss of emoluments occasioned thereby had been equivalent to the amount of the diminution: Provided that no compensation shall be payable — i if the emoluments have been diminished by less than 2½ per cent; or ii if the person has continued to pay superannuation contributions as if his emoluments had not been diminished. Superannuation contributions 24 1 A person entitled to retirement compensation under regulation 20, 21 or 22 shall pay to the compensating authority an amount equal to any sum which was paid to him by way of return of superannuation contributions, including any interest, after ceasing to be employed, and the compensating authority may at his request repay that amount to him at any time before he becomes entitled as aforesaid, but if that amount is not paid to the compensating authority, or is repaid by them to the person, the compensation shall be reduced by an annual amount the capital value of which is equal to the amount of the said superannuation contributions. 2 For the purposes of this regulation the expression “superannuation contributions” shall include payments made by the person in respect of added years and any additional contributory payments made by him. 3 Any sums paid to a compensating authority under this regulation in respect of returned contributions shall, except in so far as they are repaid to the officers concerned, be applied for the payment of compensation which the authority is liable to pay under this Part of these regulations. Retirement compensation of a person who obtains further pensionable employment 25 1 Where a person to whom this Part of these regulations applies, after suffering loss of employment or diminution of emoluments, enters employment in which he is subject to a pension scheme and thereafter becomes entitled to reckon for the purposes of that scheme any service or period of contribution which falls to be taken into account for the purpose of assessing the amount of any retirement compensation payable to him, his entitlement to retirement compensation shall be reviewed and no retirement compensation shall be payable in respect of such service or period unless the annual rate of the emoluments to which he was entitled immediately before such loss or diminution exceeds the annual rate on entry of the emoluments of the new employment by more than 2½ per cent. of such first mentioned emoluments, and any retirement compensation so payable to him shall, in so far as it is calculated by reference to remuneration, be calculated by reference to the difference between the said annual rates: Provided that — i if on entering the new employment a person — becomes a contributory employee or local Act contributor and becomes entitled to reckon as non-contributing service, or as service at half length for purposes of a local Act scheme, any service or period of contribution which immediately before the loss of employment or the diminution of emoluments was reckonable as contributing service or a period of contribution, one-half of that service or period shall not be subject to the provisions of this paragraph; ii this paragraph shall not operate to increase the amount of any retirement compensation payable in respect of diminution of emoluments beyond the amount which would have been payable if the person had attained normal retiring age immediately before he ceased to hold the employment in which he suffered the diminution of emoluments. 2 No retirement compensation shall be payable in the circumstances mentioned in paragraph (1) if the person has continued to pay superannuation contributions as if his emoluments had not been diminished. Compensation payable to widow or dependants of a claimant 26 1 Payments in accordance with this regulation and regulations 27 and 28 shall be made to or for the benefit of the widow, child or other dependant or to the personal representatives of a person to whom this Part of these regulations applies or, as the case may be, to trustees empowered by such a person to stand possessed of any benefit under his last relevant pension scheme. 2 If the widow, child or other dependant of that person might have become entitled but for the loss of his employment to a pension under his last relevant pension scheme, the widow, child or other dependant, as the case may be, shall be entitled to receive — a where the pension scheme provides for a prescribed proportion, an annual sum equal to the prescribed proportion of any retirement compensation by way of annual amounts payable to the person under regulation 20, 21 or 22 immediately before his death or, if he dies before becoming entitled to receive compensation under any of those regulations, the prescribed proportion of the compensation by way of annual amounts which he would have received under regulation 21 had he become entitled thereto immediately before his death, and b where the pension scheme does not provide for a prescribed proportion, such an annual sum as is provided by paragraph (3): Provided that — i where any retirement compensation has been surrendered under regulation 19(5) or compounded under regulation 36, any sum payable under sub-paragraph (a) shall be calculated as if such surrender or compounding had not taken place, and ii in calculating the sum payable under sub-paragraph (a) it shall be assumed that the retirement compensation payable, or which would have been payable, to a person under regulation 20, 21 or 22 had been such sum as would have been payable if the accrued pension or accrued incapacity pension had not been reduced by reason of the provisions of any Act relating to National Insurance. 3 The sum mentioned in paragraph (2)(b) shall be an annual sum equal to the annual amount of the pension (calculated in the manner specified in paragraph (4)) to which the widow, child or other dependant of the person in question would have become entitled if he had died immediately before the date on which he suffered the loss of employment, having then complied with any requirements of the last relevant pension scheme as to a minimum period of qualifying service or contribution and completed any additional contributory payments or payments in respect of added years which he was then in the course of making. 4 The calculation referred to in paragraph (3) shall be made on the basis of the method prescribed by the last relevant pension scheme of the person in question for the calculation of benefits for a widow, child or other dependant and in so far as the age at which he died is relevant for the purposes of the said calculation, the date on which he died shall be taken to be the actual date of his death, the provisions of paragraph (3) to the contrary notwithstanding. 5 Any annual sum payable to or for the benefit of a widow, child or other dependant under this regulation shall cease to be payable in any circumstances in which a corresponding pension under the last relevant pension scheme would have ceased to be payable; and where that scheme provides for payment of the pension to any person on behalf of a child or other dependant, any annual sum payable under this regulation to a child or other dependant shall be paid to that person on behalf of the child or dependant in the like manner and for the like period as is provided in the pension scheme. 6 Except where the compensation has been reduced under regulation 24, compensation payable under this regulation and regulation 27 shall in the aggregate be reduced by an amount the capital value whereof is equal to the amount of any superannuation contributions as defined in regulation 24(2) returned to the person in respect of whom the compensation is payable and either not paid to the compensating authority or repaid to him by the compensating authority, the compensation under each such regulation being reduced in proportion to the capital value of each amount. 7 If the person in question suffered a diminution of emoluments, then a where his last relevant pension scheme provides for a prescribed proportion, the provisions of paragraph (2)(a) shall apply with the substitution of references to diminution of emoluments for references to loss of employment, and the annual sum payable to a widow, child or other dependant of such a person shall be calculated as if he had suffered loss of employment and as if the loss of emoluments occasioned thereby had been equivalent to the amount of the diminution: Provided that no sum shall be payable under this sub-paragraph — i if the emoluments have been diminished by less than 2½ per cent; or ii if the person has continued to pay superannuation contributions as if his emoluments had not been diminished; and b where the said scheme does not provide for a prescribed proportion, the provisions of paragraph (2)(b) and of regulation 33(4)(a) shall apply with the substitution of references to diminution of emoluments for the references to loss of employment and of a reference to employment in which he has suffered such a diminution for the reference to employment which he has lost: Provided that no sum shall be payable under this sub-paragraph if the sum calculated thereunder amounts to less than 2½ per cent of such sum as would have been payable had the person in question suffered a loss of employment instead of a diminution of emoluments. 8 In this regulation “ prescribed proportion ” means the proportion which, by the provisions contained in the last relevant pension scheme of a person to whom this Part of these regulations applies, the pension payable to his widow, child or other dependant is to bear to that person's pension. Compensation where death grant would have been payable 27 1 If the widow, the personal representatives of a person to whom this Part of these regulations applies or trustees empowered by such a person to stand possessed of any benefit under his last relevant pension scheme, might have become entitled to a death grant under his last relevant pension scheme, she or they, as the case may be, shall be entitled to receive a sum calculated in accordance with the provisions of regulation 26(6) and paragraph (2) of this regulation. 2 The amount of the sum referred to in paragraph (1) shall be ascertained in accordance with the method of calculation prescribed by the last relevant pension scheme for the ascertainment of death grant as if the person had died immediately before losing his employment, subject to the following modifications — a except where the person had been in receipt of retirement compensation under regulation 22, account shall be taken of any additional years of service or period of contribution credited to him under regulation 19(2) — i in the case of a person who had been in receipt of retirement compensation under regulation 21, to the extent of the period between the loss of employment and the date of the claim made under that regulation; and ii in any other case, to the extent of the period between the loss of employment and the person's death; b if the number of years of the person's service or period of contribution is less than the minimum number of years of qualifying service or period prescribed by the pension scheme for the receipt of a death grant, the said sum shall not exceed such proportion of the death grant calculated as aforesaid as the number of years of the person's pensionable service or period of contribution bears to the minimum number of years of qualifying service or period prescribed by the pension schemes; and c there shall be deducted from such sum the amount of any retirement compensation paid to the person under regulation 20, 21 or 22, or where any part of the compensation has been surrendered under regulation 19(5), the amount which would have been so paid but for any such surrender. 3 For the purpose of calculating such death grant, an annual sum payable under either paragraph (2)(a) or paragraph (7)(a) of regulation 26 to or for the benefit of a widow, child or other dependant shall be deemed to be a pension payable to or for the benefit of the widow, child or dependant, as the case may be. 4 This regulation shall apply in the case of a person who has suffered a diminution of emoluments with the substitution of references to diminution of emoluments for references to loss of employment, and the sum payable to the said widow, personal representatives or trustees of such a person shall be calculated as if he had suffered loss of employment and as if the loss of emoluments occasioned thereby had been equivalent to the amount of the diminution: Provided that no sum shall be payable under this paragraph — i if the emoluments have been diminished by less than 2½ per cent; or ii if the person has continued to pay superannuation contributions as if his emoluments had not been diminished. Balance payable to claimant's widow or personal representatives 28 1 If no annual sum is payable to the widow, child or other dependant of any person under regulation 26(2)(a) or (7)(a) and no sum is payable under regulation 27 and the person dies before he has received in the aggregate by way of retirement compensation a sum equivalent to the amount of any contributions repaid by him under regulation 24, together with compound interest thereon calculated at the rate of 3 per cent per annum with half-yearly rests up to the date of his death as from the 1st April or 1st October following the half year in which the amount was paid, there shall be paid to his personal representatives the difference between the aggregate amount received by way of retirement compensation as aforesaid and the said equivalent sum. 2 If an annual sum becomes payable to a widow under either paragraph (2)(a) or paragraph (7)(a) of regulation 26 and on her re-marriage or death the sum ceases to be payable, and any sum payable to a child or other dependant under either of those paragraphs has ceased to be payable, and if the aggregate amount of the payments which were made as aforesaid to her husband by way of retirement compensation and to the widow, personal representatives or trustees under regulation 27 is less than a sum equivalent to the amount which would have been payable to the personal representatives under that regulation if no annual sum had been payable under either of the said paragraphs (2)(a) or (7)(a), there shall be paid to her or her personal representatives the difference between such aggregate amount and the said equivalent sum. 3 For the purposes of this regulation a person who has surrendered any part of his retirement compensation under regulation 19(5) shall be deemed to have received during any period the amount of compensation for that period which he would have received but for any such surrender. Compensation payable to non-pensionable officer on reaching retiring age 29 1 Where a person who is not a pensionable officer is receiving long-term compensation for loss of employment and attains normal retiring age, the compensating authority may, if satisfied that the person would, but for the loss, have continued in the employment he has lost for a substantial period beyond that age, continue to pay compensation to him for the remainder of his life at half its former rate. 2 Where a person who is not a pensionable officer suffers loss of employment on or after attaining normal retiring age, the compensating authority may, if satisfied that the person would in the normal course have continued in the employment he has lost for a further substantial period, pay compensation to him for the remainder of his life at half the rate to which he would have been entitled under regulation 15 had he not attained normal retiring age at the date on which he lost his employment. Persons subject to policy schemes 30 1 Regulations 20, 21, 22, 23 and 27 shall not apply to a person (in this regulation referred to as a “ policy scheme participant ”) who has been participating in a scheme associated with his employment for providing superannuation benefits by means of contracts or policies of insurance, and who, after the loss of his employment or the diminution of his emoluments, continued to participate in that scheme, or became entitled to a benefit or prospective benefit thereunder other than a return of contributions. 2 If a policy scheme participant has lost his employment, the compensating authority may, if the relevant scheme so permits, make such payments to or in respect of him, whether by way of the payment of premiums or otherwise, as are actuarially equivalent to the amounts by which his retirement compensation might have been increased under regulation 19(2) or (4) had he been a person to whom regulation 20, 21 or 22 applied. 3 If a policy scheme participant has suffered a diminution of his emoluments, the compensating authority may, if the relevant scheme so permits, make such payments to or in respect of him, whether by way of the payment of premiums or otherwise, as will secure to him the like benefits as if his emoluments had not been diminished. 4 If a policy scheme participant becomes entitled to a benefit under such a scheme as is mentioned in paragraph (1) before reaching normal retiring age, the compensating authority may reduce any long-term compensation payable to him by the amount of such benefit. Intervals for payment of compensation under Part V 31 Any compensation awarded as an annual sum under this Part of these regulations to or in respect of any person shall be payable at intervals equivalent to those at which the corresponding benefit would have been payable under the person's last relevant pension scheme or at such other intervals as may be agreed between the person entitled to receive the compensation and the compensating authority. PART VI ADJUSTMENT, REVIEW AND COMPOUNDING OF COMPENSATION Adjustment of compensation where superannuation benefit is also payable 32 1 Where any period of service of which account was taken in calculating the amount of any compensation payable under Part IV or V of these regulations is subsequently taken into account for the purpose of calculating the amount of any superannuation benefit payable to or in respect of any person in accordance with a pension scheme associated with any employment undertaken subsequent to the loss of employment or diminution of emoluments which was the subject of the claim for compensation, the compensating authority may in accordance with this regulation withhold or reduce the compensation payable in respect of any period for which such superannuation benefit is being received. 2 If the part of any superannuation benefit by way of annual amounts which is attributable to a period of service mentioned in paragraph (1) equals or exceeds the part of any compensation by way of annual amounts which is attributable to the same period, that part of the compensation may be withheld, or if such part of the superannuation benefit is less than such part of the compensation, the compensation may be reduced by an amount not exceeding such part of the superannuation benefit. 3 In the case of a death benefit payable in respect of any person, the sum payable under regulation 27 may be reduced by an amount not greater than the proportion of the death benefit which the period of service mentioned in paragraph (1) bears to the total period of service of which account was taken in the calculation of the death benefit. 4 In addition to any reduction authorised by paragraph (2) or (3), if, in the circumstances mentioned in paragraph (1), compensation by way of annual amounts is attributable in part to any provision of the relevant pension scheme for a minimum benefit, the compensation may be reduced by an amount not exceeding that part. 5 Where any additional years of service or period of contribution have been credited to a person under regulation 19(2), if the number of such years or such period is equal to or less than the period spent in the subsequent employment mentioned in paragraph (1), the compensation by way of annual amounts may be reduced (in addition to any other reduction authorised by this regulation) by an amount not exceeding that attributable to the additional years or period so credited or, if the number of such years or such period is greater than the period spent in the subsequent employment, by such proportion of that amount as the period spent in the subsequent employment bears to the number of additional years or the period so credited. 6 Where compensation has been calculated in accordance with regulation 25, the provisions of this regulation shall only apply — a in relation to such part (if any) of the superannuation benefit as is attributable to annual emoluments in excess of those to which the person was entitled on entering the new employment referred to in regulation 25, and b in relation to any non-contributing service which becomes reckonable as contributing service pursuant to section 2 of the Local Government Superannuation Act 1953. 7 Where compensation is payable in respect of diminution of emoluments, the provisions of this regulation shall apply only in relation to such part (if any) of the superannuation benefit as is attributable to annual emoluments in excess of those to which the person was entitled immediately prior to the diminution. Reduction of compensation in certain cases 33 1 If under a person's last relevant pension scheme any benefit for which the scheme provided would have been subject to reduction or suspension on his taking up other specified employment, any retirement compensation to which he is entitled for loss of employment or diminution of emoluments shall, where such employment is taken up, be reduced or suspended in the like manner and to the like extent: Provided that in calculating the amount of the reduction there shall be aggregated with the emoluments of the employment taken up the amount of any superannuation benefit by way of annual amounts payable to the person under a pension scheme associated with the employment which he has lost or, as the case may be, the employment in which the emoluments were diminished. 2 There shall be deducted from the retirement compensation payable to any person any additional contributory payments remaining unpaid at the date when he suffered loss of employment; and any such payments not recovered at the date of his death shall be deducted from any compensation payable in respect of that person under regulation 26, 27 or 28(2). 3 Where a person is entitled to compensation under these regulations and the circumstances are such that he is also entitled to — a a redundancy payment under the Redundancy Payments Act 1965 or b any similar payment in consequence of the loss of his employment under any contract or arrangement with the authority by whom he was employed (other than payments by way of a return of contributions under a pension scheme), or c any payment under or by virtue of the provisions of any enactment relating to the reinstatement in civil employment of persons who have been in the service of the Crown, the compensation which would, apart from this paragraph, become due to the person, whether by instalments or lump sum or both, shall in the aggregate be reduced by the amount of the payments referred to in this paragraph. 4 Where compensation under these regulations is payable to or in respect of any person, and that person or his widow, child or other dependant or his personal representatives or trustees such as are mentioned in regulation 27(1) is or are also entitled (whether immediately or on the person's attaining some greater age) to a superannuation benefit under a pension scheme associated with the employment which he has lost — a any instalment of such compensation which is payable in respect of any period shall be reduced by the amount of the instalment of such superannuation benefit which is payable in respect of the same period; and b any such compensation which is payable as a lump sum shall be reduced by the amount of any lump sum superannuation benefit. 5 For the purposes of paragraph (4) no account shall be taken of any sum payable in consequence of the surrender by any person of part of his superannuation benefit under any provision in that behalf in the relevant pension scheme with a view to obtaining or increasing allowances for his widow, child or other dependant; and the person shall be deemed to have received during any period the amount of superannuation benefit which he would have received but for any such surrender. 6 Where in any week a person is entitled to long-term compensation for loss or diminution of emoluments and is also entitled to unemployment, sickness or injury benefit under any Act relating to National Insurance, other than a benefit claimable by him in respect of a dependant, there shall be deducted from the long-term compensation payable for that week a sum equal to the amount by which the aggregate of such National Insurance benefit claimable in respect of that week and the weekly rate at which the long-term compensation would be payable but for this regulation exceeds two thirds of the weekly rate of the net emoluments of the employment which he has lost or in which the emoluments have been diminished: Provided that this paragraph shall not apply in relation to any such sickness or injury benefit in so far as — a an equivalent sum is deducted from the emoluments of his current employment, and b such deduction from those emoluments has not occasioned an increase in his long-term compensation. 7 In paragraph (6) the expression “ weekly rate ” means seven three hundred and sixty-fifths of the relevant annual rate. Notification of change of circumstances 34 Where — a a pensionable officer after suffering loss of employment or diminution of emoluments enters any employment referred to in regulation 25 or becomes entitled to any superannuation benefit on ceasing to hold such employment, or b a person entitled to long-term compensation enters employment the remuneration whereof is payable out of public funds, or ceases to hold such employment, or receives any increase in his remuneration in such employment, or c a person entitled to retirement compensation enters employment in which the compensation is subject to reduction or suspension under regulation 33, or ceases to hold such employment, or receives any increase in his remuneration in such employment, or d a person entitled to long-term compensation starts to receive any benefit, any increase in benefit or any further benefit under any Act relating to National Insurance, he shall forthwith inform the compensating authority in writing of that fact. Review of awards of long-term or retirement compensation 35 1 The compensating authority shall, within a period of 2 years after the date on which any decision on a claim for long-term or retirement compensation for loss of employment (other than compensation payable under regulation 22) is notified to a claimant under regulation 37 or within such longer period as is specified in the subsequent provisions of this regulation, and at intervals of not more than 6 months, review their decision or, where the claim has been the subject of an appeal, the decision of the tribunal, and these regulations shall apply in relation to any such review as they apply in relation to the initial determination of the claim; and on such review, in the light of any material change in the circumstances of the case, compensation may be awarded, or compensation previously awarded may be increased, reduced or discontinued, subject to the limits set out in these regulations. 2 The person to whom the decision relates may require the compensating authority to carry out the review mentioned in paragraph (1) at any time within the period of 2 years mentioned in that paragraph if he considers that there has been a change in the circumstances of his case which is material for the purposes of these regulations. 3 The compensating authority shall carry out a review in accordance with paragraph (1), notwithstanding the expiration of the period mentioned in that paragraph, if — a the emoluments of employment or work undertaken as a result of the loss of employment had been taken into account in determining the amount of any compensation awarded, and b such employment or work has been lost or the emoluments thereof reduced, otherwise than by reason of misconduct or incapacity to perform such duties as the person might reasonably have been required to perform, and c the compensating authority are satisfied that such loss or reduction is causing him hardship, and where any decision is so reviewed, the decision shall be subject to further review in accordance with paragraph (1) as if the review carried out under this paragraph had been the initial determination of the claim. 4 Paragraphs (1) and (2) shall apply in relation to any decision on a claim for long-term or retirement compensation in respect of diminution of emoluments as they apply in relation to any decision mentioned in the said paragraph (1): Provided that — i where the person to whom the decision relates ceases to hold the employment in which his emoluments were diminished, a review shall be held within 3 months after that date, but no further review shall be held after the expiry of that period, and ii while that person continues to hold that employment, there shall be no limit to the period within which a review may take place. 5 Notwithstanding anything contained in the foregoing provisions of this regulation, the compensating authority shall review a decision (whether of the authority or the tribunal) on a claim for long-term compensation for loss of employment or diminution of emoluments after the expiration of any period within which a review is required to be made if at any time — a the person to whom the decision relates becomes engaged in employment (hereinafter referred to as his “ current employment ”) the remuneration whereof is payable out of public funds and which he has undertaken subsequent to the loss or diminution, and b the aggregate of the net emoluments of his current employment, any superannuation benefit by way of annual amounts payable to him in respect of the employment which he has lost or the employment in which his emoluments have been diminished and the long-term compensation payable to him exceeds the net emoluments of the employment which he has lost or, as the case may be, in which the emoluments have been diminished. 6 The compensating authority shall further review any decision reviewed under paragraph (5) whenever the net emoluments of the person's current employment are increased. 7 If on any review under paragraph (5) or (6) the compensation is reduced, it shall not be reduced below the amount by which the net emoluments of the person's current employment, together with any superannuation benefit by way of annual amounts payable to him in respect of the employment which he has lost or the employment in which his emoluments have been diminished, falls short of the net emoluments of the employment which he has lost or, as the case may be, in which the emoluments have been diminished. 8 The compensating authority shall give to a person to whom a decision relates not less than 14 days' notice of any review of that decision to be carried out under this regulation unless the review is carried out at his request. 9 Nothing in this regulation shall preclude the making of any adjustments of compensation required by regulation 32 or 33. Compounding of awards 36 1 In a case where an annual sum which has been or might be awarded under these regulations does not exceed £26, the compensating authority may, at their discretion, compound their liability in respect thereof by paying a lump sum equivalent to the capital value of the annual sum and, if any lump sum payment has been or might be awarded in addition to such annual sum under regulation 20, 21, 22 or 23, the compensating authority may likewise discharge their liability in respect thereof by an immediate payment. 2 In any other case, if the person who has been awarded long-term or retirement compensation requests them to do so, the compensating authority may, after having regard to the state of health of that person and the other circumstances of the case, compound up to one quarter of their liability to make payments under the award (other than payments to a widow, child or other dependant under regulation 26) by the payment of an equivalent amount as a lump sum or, where any compensation has been awarded as a lump sum, by increasing that compensation to such equivalent amount; and in calculating for this purpose the liability of the authority to make such payments, account shall be taken of the annual value of lump sum payments of compensation. 3 The making of a composition under paragraph (2) in relation to an award of long-term or retirement compensation shall not prevent the subsequent making of a composition under paragraph (1) in relation to that award, but, subject as aforesaid, not more than one composition may be made in relation to any award. PART VII PROCEDURE AND MISCELLANEOUS Procedure on making claims 37 1 Every claim for compensation under these regulations and every request for a review of an award of long-term or retirement compensation shall be made in accordance with this regulation. 2 Every such claim and request shall be made to the compensating authority in writing, shall set out the grounds on which the claim or request is made and shall state whether any other claim for compensation has been made by the claimant under these regulations. 3 Resettlement compensation shall be claimed separately from any other form of compensation claimable under these regulations. 4 The compensating authority shall consider any such claim or request in accordance with the relevant provisions of these regulations and shall notify the person making the claim or request in writing of their decision — a in the case of a claim for resettlement compensation, not later than one month after the receipt of the claim, and b in the case of a claim for, or request for the review of an award of, compensation under Part IV or V of these regulations, not later than 13 weeks after the receipt of the claim or request, and c in any other case, as soon as possible after the decision; but the decision of a compensating authority shall not be invalidated by reason of the fact that notice of the decision is given after the expiry of the period mentioned in this paragraph. 5 Every notification of a decision by the compensating authority (whether granting or refusing compensation or reviewing an award, or otherwise affecting any compensation under these regulations) shall contain a statement — a giving reasons for the decision; b showing how any compensation has been calculated and, in particular, if the amount is less than the maximum which could have been awarded under these regulations, showing the factors taken into account in awarding that amount; and c directing the attention of the claimant to his right under regulation 44, if he is aggrieved by the decision, to institute proceedings before a tribunal and giving him the address to which the application instituting such proceedings should be sent. Claimants to furnish information 38 1 Any person claiming or receiving compensation or whose award of compensation is being reviewed shall furnish all such information as the compensating authority may at any time reasonably require; and he shall verify the same in such manner, including the production of books or of original documents in his possession or control, as may be reasonably so required. 2 Any such person shall, on receipt of reasonable notice, present himself for interview at such place as the compensating authority may reasonably require: and any person who attends for interview may, if he so desires, be represented by his adviser. Procedure on death of claimant 39 1 In the event of the death of a claimant or of a person who, if he had survived, could have been a claimant, a claim for compensation under these regulations may be continued or made, as the case may be, by his personal representatives. 2 Where any such claim is continued or made as aforesaid by personal representatives, the personal representatives shall, as respects any steps to be taken or thing to be done by them in order to continue or make the claim, be deemed for the purposes of these regulations to be the person entitled to claim, but, save as aforesaid, the person in whose right they continue or make the claim shall be deemed for the purposes of these regulations to be such person, and the relevant provisions of these regulations shall be construed accordingly: Provided that the compensating authority may in any such case extend the period within which a claim is required to be made by regulation 7 or 13. Calculation of service 40 1 For the purpose of determining the amount of any compensation payable in respect of the loss of an office to which, or of any two or more offices to which in the aggregate, a person devoted substantially the whole of his time, any previous period of part-time employment shall be treated as though it were whole-time employment for a proportionately reduced period. 2 For the purpose of making any calculations under these regulations in respect of a person's reckonable service, all periods of such service shall be aggregated and, except where reference is made to completed years of service, if the aggregated service includes a fraction of a year, that fraction shall, if it equals or exceeds 6 months, be treated as a year, and shall, in any other case be disregarded. Emoluments of part-time employments 41 In ascertaining for the purposes of these regulations whether, and how far, the remuneration of alternative employment falls short of emoluments which have been lost where these emoluments were payable in respect of two or more part-time employments, the remuneration of the alternative employment or of the aggregate of two or more such employments shall be apportioned in the proportion which the emoluments of the part-time employments bore to each other. Temporary variation of emoluments 42 In calculating for the purposes of these regulations the amount of any emoluments lost, or the amount by which any emoluments have been diminished, and in determining the net emoluments, the accrued pension or the accrued retiring allowance of any person who has suffered such a loss or diminution, no account shall be taken of any increase in the amount of the person's emoluments which is attributable to any temporary allowance made in consequence of the appropriate transfer order and otherwise than in the ordinary course of his employment. Compensation not assignable 43 Subject to any statutory provision in that behalf, any compensation to which a person becomes entitled under these regulations shall be paid by the compensating authority and shall be payable to, or in trust for, the person who is entitled to receive it, and shall not be assignable: Provided that, without prejudice to any other right of recovery, any compensation paid in error to a person may be recovered by the compensating authority from him by deduction from any compensation payable to him under these regulations. Right of appeal from decision of compensating authority 44 1 Every person who is aggrieved by any decision of the compensating authority with respect to a compensation question or by any failure on the part of the compensating authority to notify him of any such decision within the appropriate time prescribed by these regulations, may within 13 weeks of the notification to him of the decision or the expiry of the prescribed time, as the case may be, institute proceedings for the determination of the question by a tribunal in accordance with the Industrial Tribunals (Employment and Compensation) Regulations 1967 , or in Scotland, the Industrial Tribunals (Employment and Compensation) (Scotland) Regulations 1967 and these regulations; and the tribunal shall determine the question accordingly. 2 For the purpose of any such proceedings a person or persons may be appointed to sit with the tribunal as assessor or assessors. 3 The compensating authority shall give effect to the decision of the tribunal subject to any modifications that may be required in consequence of any appeal from that decision on a point of law. Given under the Official Seal of the Minister of Transport the 14th May 1970. Fred Mulley Minister of Transport SCHEDULE Regulation 2(2) TABLE I Table showing the capital value of an annual amount of £1 payable for life Age Capital value of £1 per annum payable for life Female Male £ s. d. £ s. d. Under 35 15 11 0 15 3 0 35 and under 40 15 2 0 14 12 0 40 and under 45 14 11 0 13 19 0 45 and under 50 13 18 0 13 2 0 50 13 9 0 12 11 0 51 13 5 0 12 7 0 52 13 2 0 12 3 0 53 12 18 0 11 18 0 54 12 14 0 11 14 0 55 12 10 0 11 9 0 56 12 6 0 11 5 0 57 12 2 0 11 0 0 58 11 18 0 10 15 0 59 11 13 0 10 10 0 60 11 8 0 10 5 0 61 11 4 0 10 0 0 62 10 19 0 9 14 0 63 10 14 0 9 9 0 64 10 8 0 9 3 0 65 10 3 0 8 18 0 66 9 18 0 8 12 0 67 9 12 0 8 7 0 68 9 7 0 8 1 0 69 9 1 0 7 16 0 70 8 15 0 7 10 0 NOTE: — This table is for use in connection with regulation 36(1) and (2) for the compounding of annual retirement compensation which a person is currently entitled to receive under regulation 20, 21, 22 or 23. Where the compensation is payable before age 60 (females), 65 (males) but will be reduced on the attainment of that age (in connection with National Insurance pension) the table should be used in conjunction with Table II, i.e. Table II should be used for valuing that part of the compensation which ceases to be payable at age 60 or 65 as the case may be and this table should be used for valuing the remainder. TABLE II Table showing the capital value of an amount of £1 per annum ceasing at age 60 (females), 65 (males) Age Capital Value Female Male £ s. d. £ s. d. Under 35 13 8 0 14 2 0 35 and under 40 12 5 0 13 3 0 40 and under 45 10 14 0 11 19 0 45 and under 50 8 13 0 10 8 0 50 7 3 0 9 6 0 51 6 12 0 8 18 0 52 6 0 0 8 9 0 53 5 7 0 7 19 0 54 4 13 0 7 10 0 55 3 18 0 6 19 0 56 3 3 0 6 8 0 57 2 6 0 5 17 0 58 1 9 0 5 4 0 59 10 0 4 11 0 60 — 3 17 0 61 — 3 2 0 62 — 2 6 0 63 — 1 8 0 64 — 10 0 NOTE: — This table is for use in connection with regulation 36(1) and (2) for the compounding of any part of annual retirement compensation which will cease to be payable on the attainment of age 60 (females), 65 (males). Table I should be used in relation to the remainder of such compensation, i.e. the part which is payable for life — see note on that table. TABLE III Table showing the capital value of an annual amount of £1 payable to a widow until death or remarriage Age of widow at date of widowhood Capital value of £1 per annum as at date of widowhood £ s. d. 20 6 0 0 21 6 0 0 22 6 0 0 23 6 0 0 24 6 0 0 25 6 5 0 26 6 12 0 27 6 19 0 28 7 6 0 29 7 13 0 30 8 0 0 31 8 8 0 32 8 15 0 33 9 2 0 34 9 8 0 35 9 15 0 36 10 1 0 37 10 6 0 38 10 11 0 39 10 16 0 40 11 1 0 41 11 5 0 42 11 9 0 43 11 12 0 44 11 15 0 45 11 18 0 46 12 1 0 47 12 3 0 48 12 5 0 49 12 6 0 50 12 6 0 51 12 6 0 52 12 5 0 53 12 4 0 54 12 3 0 55 12 1 0 56 11 19 0 57 11 16 0 58 11 13 0 59 11 10 0 60 11 6 0 61 11 3 0 62 10 19 0 63 10 14 0 64 10 8 0 65 10 3 0 66 9 18 0 67 9 12 0 68 9 7 0 69 9 1 0 70 8 15 0 NOTE: — This table is for use in connection with regulation 36(1) for compounding annual compensation payable to a widow under regulation 26. It should also be used, where a reduction of compensation under regulation 26(6) falls to be apportioned between the compensation payable under that regulation and under regulation 27, for ascertaining the capital value of annual compensation to a widow. TABLE IV Table showing the annual amount payable for life equivalent in value to a lump sum of £100 Age Annual sum, payable for life, equal in value to a lump sum of £100 Female Male £ s. d. £ s. d. Under 35 6 8 7 6 12 0 35 and under 40 6 12 5 6 17 0 40 and under 45 6 17 5 7 3 4 45 and under 50 7 3 11 7 12 8 50 7 8 8 7 19 4 51 7 10 11 8 1 11 52 7 12 8 8 4 7 53 7 15 0 8 8 1 54 7 17 6 8 10 11 55 8 0 0 8 14 8 56 8 2 7 8 17 9 57 8 5 3 9 1 10 58 8 8 1 9 6 0 59 8 11 8 9 10 6 60 8 15 5 9 15 1 61 8 18 7 10 0 0 62 9 2 8 10 6 2 63 9 6 11 10 11 8 64 9 12 4 10 18 7 65 9 17 0 11 4 9 66 10 2 0 11 12 7 67 10 8 4 11 19 6 68 10 13 11 12 8 5 69 11 1 0 12 16 5 70 11 8 7 13 6 8 NOTE: — This table is for use in connection with regulation 24(1) for ascertaining the annual amount by which retirement compensation under regulation 20, 21 or 22 is to be reduced where a claimant has not paid to the compensating authority an amount equal to any sum paid to him by way of superannuation contributions or that amount has been repaid to him by the compensating authority at his request. It should also be used in connection with regulation 36(2) for calculating for the purposes of that paragraph the annual value of retirement compensation awarded as a lump sum. TABLE V Table showing the annual amount payable to a widow until death or remarriage equivalent in value to a lump sum of £100 Age of widow at date of widowhood Annual amount equal in value to a lump sum of £100 £ s. d. 20 16 13 4 21 16 13 4 22 16 13 4 23 16 13 4 24 16 13 4 25 16 0 0 26 15 3 0 27 14 7 9 28 13 14 0 29 13 1 5 30 12 10 0 31 11 18 1 32 11 8 7 33 10 19 9 34 10 12 9 35 10 5 2 36 9 19 0 37 9 14 2 38 9 9 7 39 9 5 2 40 9 1 0 41 8 17 9 42 8 14 8 43 8 12 5 44 8 10 3 45 8 8 1 46 8 6 0 47 8 4 7 48 8 3 3 49 8 2 7 50 8 2 7 51 8 2 7 52 8 3 3 53 8 3 11 54 8 4 7 55 8 6 0 56 8 7 4 57 8 9 6 58 8 11 8 59 8 13 11 60 8 17 0 61 8 19 5 62 9 2 8 63 9 6 11 64 9 12 4 65 9 17 0 66 10 2 0 67 10 8 4 68 10 13 11 69 11 1 0 70 11 8 7 NOTE: — This table is for use in connection with regulation 26(6) for ascertaining the annual amount by which compensation to a widow is to be reduced in the circumstances described in that paragraph. If a reduction is required to be apportioned between compensation payable under regulations 26 and 27, the capital value of annual compensation to a widow should be ascertained by reference to Table III. TABLE VI Table showing, according to the outstanding period of long-term compensation, the capital value of each £100 of the total amount of long-term compensation compounded Outstanding number of complete years of long-term compensation Capital value of each £100 of the total amount of long-term compensation Female Male £ s. d. £ s. d. 0 98 8 0 98 4 0 1 95 4 0 94 16 0 2 92 2 0 91 10 0 3 89 4 0 88 6 0 4 86 8 0 85 8 0 5 83 16 0 82 14 0 6 81 6 0 80 2 0 7 78 18 0 77 14 0 8 76 14 0 75 8 0 9 74 12 0 73 4 0 10 72 12 0 71 4 0 11 70 12 0 69 6 0 12 68 16 0 67 10 0 13 67 0 0 65 14 0 14 65 6 0 64 2 0 15 63 14 0 62 10 0 16 62 2 0 61 0 0 17 60 12 0 59 12 0 18 59 4 0 58 4 0 19 57 16 0 56 18 0 20 56 10 0 55 12 0 21 55 4 0 54 8 0 22 54 0 0 53 4 0 23 52 16 0 52 0 0 24 51 12 0 50 18 0 25 50 10 0 49 18 0 26 49 8 0 48 18 0 27 48 8 0 47 18 0 28 47 8 0 46 18 0 29 46 8 0 45 18 0 30 45 10 0 45 0 0 NOTE: — This table is for use in connection with regulation 36(1) and (2) for compounding awards of long-term compensation under Part IV of these regulations. The total amount of the annual long-term compensation which is to be compounded must first be calculated, i.e. the amount which the person would receive on account of that compensation or the part of it which is to be compounded, if it were paid until “normal retiring age” (as defined in these regulations). For each £100 so calculated, the lump sum payment will be the amount shown in the table according to the number of complete years in the period between the date of compounding and “normal retiring age”.

The Consular Relations (Merchant Shipping) (Kingdom of Greece) Order 1970 At the Court at Buckingham Palace, the 17th day of December 1970 Present, The Queen's Most Excellent Majesty in Council Her Majesty, by virtue and in exercise of the powers conferred on Her by sections 4, 6 and 16(2) of the Consular Relations Act 1968 or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 This Order may be cited as the Consular Relations (Merchant Shipping) (Kingdom of Greece) Order 1970 and shall come into operation on 1st January 1971. 2 1 For the purposes of Article 3 of this Order and for the purposes of section 6 of the Consular Relations Act 1968 as applied by virtue of Article 4 of this Order a ship shall be treated as belonging to the Kingdom of Greece if it is registered at a port in the Kingdom of Greece. 2 Nothing in this Order shall apply to any ship of war. 3 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 3 Proceedings relating to the remuneration or any contract of service of the master or a member of the crew of any ship belonging to the Kingdom of Greece shall not be entertained by any court in the United Kingdom unless a consular officer of the Kingdom of Greece has been notified of the intention to invoke the jurisdiction of that court and has not objected within a period of two weeks from that date of such notification and a statement to that effect is included among the details on which the claim is based at the time when the proceedings are commenced. 4 The Kingdom of Greece is designated for the purposes of section 6 of the Consular Relations Act 1968 (which relates to detention on board ship for disciplinary offences). W. G. Agnew

The Children and Young Persons Act 1969 (Commencement No. 3) Order 1970 In exercise of the powers conferred on me by sections 69(4) and 73(2) and (3) of the Children and Young Persons Act 1969, I hereby make the following Order: — Citation 1 This Order may be cited as the Children and Young Persons Act 1969 (Commencement No. 3) Order 1970. Interpretation 2 1 In this Order “ the Act ” means the Children and Young Persons Act 1969. 2 The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament. Days appointed for coming into force of certain provisions of the Act 3 The provisions of the Act specified in column 1 of each of the first two Schedules to this Order (which relate to the matters specified in column 2 thereof) shall come into force on the day specified in the heading to that Schedule. Transitional provisions 4 The transitional provisions contained in Schedule 3 to this Order shall have effect in connection with the provisions brought into force by this Order. R. Maudling One of Her Majesty's Principal Secretaries of State Home Office Whitehall 7th October 1970 SCHEDULE 1 PROVISIONS COMING INTO FORCE ON 1ST JANUARY 1971 Provisions of the Act Subject matter of provisions Section 1 Care proceedings in juvenile courts. Section 2 Provisions supplementary to section 1. Section 3 Further supplementary provisions relating to section 1(2)(f). Section 5(8) and section 5(9), so far as it relates to the definition of “the appropriate local authority”. Local authority to be notified of decision to lay information against young person. Section 6 Summary trial of young persons. Section 7, except subsections (1) and (3). Alterations in treatment of young offenders etc. Section 9 Investigations by local authorities. Section 10 Further limitations on publication of particulars of children and young persons etc. Section 11 Supervision orders. Section 12 Power to include requirements in supervision orders. Section 13 Selection of supervisor. Section 14 Duty of supervisor. Section 15 Variation and discharge of supervision orders. Section 16 Provisions supplementary to section 15. Section 17 Termination of supervision. Section 18 Supplementary provisions relating to supervision orders. Section 19 Facilities for the carrying out of supervisors' directions. Section 20 Orders for committal to care of local authorities. Section 21 Variation and discharge of care orders. Section 22 Special provisions relating to interim orders. Section 23 Remand to care of local authorities etc. Section 24, except subsections (5) and (6). Powers and duties of local authorities etc. with respect to persons committed to their care. Section 25 Transfers between England or Wales and Northern Ireland. Section 26 Transfers between England or Wales and the Channel Islands or Isle of Man. Section 27 Consequential modifications of 1948 c. 43 sections 11 and 12. Section 28 Detention of child or young person in place of safety. Section 29, except subsection (4). Release or further detention of arrested child or young person. Section 30 Detention of young offenders in community homes. Section 31 Removal to borstal institutions of persons committed to care of local authorities. Section 32 Detention of absentees. Section 33, except subsection (1) so far as it relates to paragraph 6 of Schedule 1. Legal aid. Section 34 Transitional modifications of Part I for persons of specified ages. Section 46(2), so far as it relates to paragraphs 3, 4 and 8 of Schedule 3. Discontinuance of approved schools etc. on establishment of community homes. Section 56(1)(a) Extension of disqualification for keeping foster children. Section 61 Rules relating to juvenile court panels and composition of juvenile courts. Section 62, except subsection (2). Contributions in respect of children and young persons in care. Section 72(1), so far as it relates to paragraphs 1, 1A, 4, 5(2), 6 to 12 and 15 to 18 of Schedule 4 and section 72(2). Transitional provisions. Section 72(3), so far as it relates to the provisions of Schedule 5 specified in Appendix A to this Schedule. Minor and consequential amendments. Section 72(4), so far as it relates to the repeals set out in Appendix B to this Schedule. Repeals. Section 72(5), so far as it relates to sections 2(4) and 6(1)(b) of the Children Act 1958. Sections 1 to 6 and 14 of the Children Act 1958, as amended. Schedule 1, except paragraph 6. Modifications of Part IV of the Criminal Justice Act 1967. In Schedule 3, paragraphs 3, 4 and 8. Approved schools and other institutions. In Schedule 4, paragraphs 1, 1A, 4, 5(2), 6 to 12 and 15 to 24. Transitional provisions and savings. In Schedule 5, the provisions specified in Appendix A to this Schedule. Minor and consequential amendments of enactments. Schedule 6, so far as it relates to the repeals set out in Appendix B to this Schedule. Repeals. Schedule 7, so far as it relates to sections 2(4) and 6(1)(b) of the Children Act 1958. Sections 1 to 6 and 14 of the Children Act 1958, as amended. APPENDIX A TO SCHEDULE 1 AMENDMENTS TAKING EFFECT FROM 1ST JANUARY 1971 Provisions of Schedule 5 Enactments amended Paragraph 1 The Police (Property) Act 1897 Paragraphs 2, 3, 5 to 10 and 12. Sections 10, 34(2), 55(1), 56(1), 63, 86(1), 87(1) to (3), 88(1), (2)(c) and (4) and 107(1) and (2) of the Children and Young Persons Act 1933. Paragraph 13 Section 40 of the Education Act 1944. Paragraphs 16, 17, 21(2) and 22. Sections 23(1), 26(1), (3) and (4)(b), 54(4) and 59(1) of the Children Act 1948. In paragraph 20(1), the following provision: — and at the end of that subsection there shall be added the words “or sections 2(5), 16(3) or 28 of the Children and Young Persons Act 1969 and of children detained by them in pursuance of arrangements under section 29(3) of that Act” . . Section 51(1) of the Children Act 1948. Paragraph 24 Section 27 of the Criminal Justice Act 1948. Paragraphs 25 and 26. Section 7 of the Criminal Justice (Scotland) Act 1949. Paragraph 27. Section 37(7) of the Sexual Offences Act 1956. Paragraph 28. Sections 5(2)(a) and 7(4)(a) and (6) of the Affiliation Proceedings Act 1957. Paragraphs 29 and 32. Sections 2(4) and 17 of the Children Act 1958. Paragraphs 33, 34 and 36. Sections 4(3)(a), 15(3) and 57(1) of the Adoption Act 1958 Paragraphs 38 to 41. Sections 10(1)(a)(i), 50(a), 60(6) and 62(4) of the Mental Health Act 1959. Paragraphs 42 and 43. Sections 10(1)(a)(ii) and 46(b) of the Mental Health (Scotland) Act 1960. Paragraphs 44 to 46. Sections 5(1) and 6(3), 9 and 29(3)(a) of the Criminal Justice Act 1961. Paragraphs 47 to 50 and 53. Sections 3(1), 23(1)(b) and (5), 29, 30(1) and (3) to (5) and 57(3) of the Children and Young Persons Act 1963. Paragraph 54(1) and in paragraph 54(2), the following provision: — In subsection (2) of that section for the words “said Act of 1933” there shall be substituted the words “Children and Young Persons Act 1969 (other than an interim order)” and . Section 11(1)(b) and (2) of the Family Allowances Act 1965. Paragraph 56. Section 3(3) of the Criminal Justice Act 1967. Paragraphs 57 to 62, 64(2), 65(1), 67 and 68, 70 to 72, 74 and 77 to 83. Sections 44, 72, 73, 74, 75, 76(4), 94(1) and 97(1) of the Social Work (Scotland) Act 1968, and Schedules 2, 8 and 9 thereto. APPENDIX B TO SCHEDULE 1 REPEALS TAKING EFFECT FROM 1ST JANUARY 1971 Chapter Short title Extent of repeal 1933 c. 12. The Children and Young Persons Act 1933. In section 10(2) the words from “and may” onwards. Section 26(6), 29(3) and 32. In section 34(2) the words “or taken to a place of safety” . Section 35. In section 44, in subsection (1) the words from “being” to “as” , and subsection (2). In section 48(2) the words “a probationer or” and “any failure to comply with the requirements of the probation order or” and the words from “or to amend” onwards. Section 54. In section 55 subsection (2), and in subsection (4) the words “or on forfeiture of any such security as aforesaid” . Section 57. Sections 62 to 75, 76(1), 1A and 1B, 77(3) and (4), 78, 79(4), 81(2) and 82 to 85. In section 86, subsection (2), in subsection (3) the words “or ordered to be sent to an approved school” and the words from “and” , in the first place where it occurs to the end of the subsection, and subsection (4). Sections 89(1), 90 and 91. In section 102, paragraphs (a) and (b) of subsection (1), and in subsection (2) the words from “the rights” to “Act or” . In section 107(1) the definitions of “approved school order”, and “special reception centre”. Section 107(2). Section 108(2) and (3). In Schedule 4, paragraphs 4, 5, 7, 8, 9, 11, 12 and 13. 1937 c. 37. The Children and Young Persons (Scotland) Act 1937. Sections 82, 86, 87 and 89. In Schedule 2, paragraph 13. 1938 c. 40. The Children and Young Persons Act 1938. The whole Act. 1944 c. 31. The Education Act 1944. Section 40A. 1948 c. 40. The Education (Miscellaneous Provisions) Act 1948. In Schedule 1, the entries relating to section 40 of the Education Act 1944. 1948 c. 43. The Children Act 1948. Sections 5 and 6(3) and (4). In section 23, in subsection (1), the words from “(which” to “aliment)” and subsection (3). Section 25. In section 26(1), paragraph (c), and in paragraph (ii) the words “or (c)” and the words from “or” , in the second place where it occurs, onwards. In section 59, in subsection (1), the definition of “approved school order”. In Schedule 3, the entries relating to sections 70, 82, 84, 90 and 107 of the Act of 1933. 1948 c. 58. The Criminal Justice Act 1948. In section 3(5) the words from “if the” to “age” . In section 11(1) the words from the beginning to “behaviour” in the first place where it occurs. In sections 46(1) and 47(1) the words “or a supervision order” . Sections 48(4), 49(5), 71, 72 and 75. In section 80(1), the definition of “supervision order” and in the definition of “sentence” the words from “an” , in the second place where it occurs, to “school” . In Schedule 9, the entries relating to sections 54, 70, 78, 82 and 90 of the Act of 1933, in the entry relating to section 48(2) of the Act of 1933 the words “a probationer or” and “any failure to comply with the requirements of the probation order or” and the words from “or to amend” to the end of the entry, and the entry relating to the Children and Young Persons Act 1938. 1949 c. 101. The Justices of the Peace Act 1949. Section 14. 1950 c. 37. The Maintenance Orders Act 1950. In Schedule 1, in the entry relating to section 86 of the Act of 1933, the words from “or as” onwards. 1952 c. 50. The Children and Young Persons (Amendment) Act 1952. Sections 2 to 5. In the Schedule, paragraphs 2, 3, 5, 8, 9 and 11 to 16. 1952 c. 52. The Prison Act 1952. In section 49(2) the words “remand home or” , where they first occur, and the words “remand home” wherever else they occur. In section 50, the words from “and subsection” onwards. In section 53(1) the definition of “remand home”. 1952 c. 55. The Magistrates' Courts Act 1952. Sections 20, 21 and 26(2). In section 38(1), the words from “The provisions of this” onwards. 1953 c. 33. The Education (Miscellaneous Provisions) Act 1953. Section 11. 1956 c. 24. The Children and Young Persons Act 1956. The whole Act. 1957 c. 55. The Affiliation Proceedings Act 1957. In section 5(2)(d) the words from “or” onwards. In section 7(5) the words “Sub-paragraph (ii) of” . 1958 c. 55. The Local Government Act 1958. In Schedule 8, in paragraph 2, sub-paragraph (3), in sub-paragraph (4) the words “paragraph (b) of” , and sub-paragraph (5). 1958 c. 65. The Children Act 1958. In section 2, in subsection (4) the words “the Children and Young Persons Act 1933 or of” . In section 17, in the definition of “fit person order” the words “the Children and Young Persons Act 1933 or” . 1958 c. 5 (7 & 8 Eliz. 2). The Adoption Act 1958. In section 15(3) the words from “fit person by” to “care of a” and the words “fit person order or” and “as the case may be” . In section 37, in subsection (3) the words “in an approved school or” . 1959 c. 72. The Mental Health Act 1959. In section 60(6) the words from “including” onwards. Section 61. Section 70(2). In section 72(6)(a) the words from “or made” to “Act 1933” and from “or an order” onwards. In section 75(1), the words “(other than a person detained in a remand home)” and in paragraph (b) the words from “or as” to “have been remitted” , and in section 75(2) the words from “including” to “1963” . Section 79. In section 80(1), the definitions of “approved school” and “remand home”. 1961 c. 39. The Criminal Justice Act 1961. In section 5(2), paragraph (a) and the words following paragraph (b), and section 5(3). In section 6, subsections (1) and (2), and in subsection (3) the words from “or ordering” to “home” in paragraph (a), the words from “or” to “home” in paragraph (b) and the words “or remand home” and “a prison is so named and” . In section 7, in subsection (3) the words from “and where” onwards. Section 8(2). In section 9, paragraph (a). Sections 14 to 17, 22(4) and 25. In section 29(1), the words “remand home” and “special reception centre or other” and in section 29(3) the words from “special” to “1933 and” . Schedule 2. In Schedule 4 the entries relating to sections 54, 72, 78, 82, 83 and 88 of the Act of 1933 and to Schedule 4 to that Act and the entries relating to the Children and Young Persons Act 1938, section 72 and the change in the definition of “sentence” in section 80(1) of the Criminal Justice Act 1948, sections 20 and 32 of the Magistrates' Courts Act 1952 and section 79 of the Mental Health Act 1959. 1963 c. 33. The London Government Act 1963. In Schedule 17, paragraph 18(c). 1963 c. 37. The Children and Young Persons Act 1963. Sections 2 and 4 to 15. Section 22. In section 23, in subsection (1), paragraph (a) and the word “authority” , subsection (2), in subsection (3) the words “or subsection (2)” in both places and the words “takes refuge there or” , and subsections (6) to (8). Section 24. In section 25(1) the words “or taken to a place of safety” , and section 25(2). In section 29, in subsection (1) the words “continue to” and subsection (2). Section 33. Section 53(1) and (2). In section 55 the words from “section 84(5)” to “principal Act” , the word “or” immediately preceding the words “section 17” and the words from “(which relate” onwards. Sections 59 and 61. In section 65(5), the words “subsections (1) and (2) of section 10 and” , “and 53(1)” and “27” and “34” . Schedule 1. In Schedule 3, paragraphs 10, 16 to 23, 25 to 27, 33, 34, 35, 36, 44, 46, 48 and 49, and in paragraph 50 the words “special reception centre or other” , and “ `special reception centre' has the same meaning as in the Children and Young Persons Act 1933 and ” . 1963 c. 39. The Criminal Justice (Scotland) Act 1963. In Schedule 5, the entry relating to the Children Act 1948. 1965 c. 53. The Family Allowances Act 1965. In section 11(1), sub-paragraph (i) of paragraph (a) and in paragraph (c) the words from “made” to “order” . 1967 c. 80. The Criminal Justice Act 1967. In section 55, the words “or any provision of the Children and Young Persons Act 1933” and the words from “and accordingly” onwards. In section 77(1), the words “on his means” . In Part I of Schedule 3, the entries relating to sections 72(5) and 82(5) of the Act of 1933 and section 14 of the Act of 1963. 1968 c. 49. The Social Work (Scotland) Act 1968. In section 72(2), the words “of the Children and Young Persons Acts 1933 to 1963 or, as the case may be” , the word “respectively” and the words “to a supervision order within the meaning of section 5 of the Children and Young Persons Act 1963 or” . In section 73(2) the word “juvenile” . In section 74, in subsection (3) the words “in England or Wales or” and “if he thinks fit” and the words from “an approved” to “be” where it first occurs, in subsection (4) the words from “the Children” to “be of” , the words “an approved school or” in the first, second and third places where they occur, the word “of” and “in” following those words in the first and third of those places respectively and the words “section 71 of the said Act of 1933 or” and “section 90 of the said Act of 1933 or under” , and in subsection (5) the words “of the Acts of 1933 to 1963 or, as the case may be” , the words “of a local authority or, as the case may be” and the words “those Acts or” . In section 75, in subsection (1) the words “the Secretary of State or” and “approved school or” , and in subsection (3) the words “approved school or” . In section 76, in subsections (1) and (2), the word “juvenile” wherever it occurs, and in subsection (4) the words “approved school or” and “of the approved school or” . Section 77(1)(b). In Schedule 2, in paragraph 10 the words from “and” to “1933” . In Schedule 8, paragraphs 2 to 5, 21 and 35. SCHEDULE 2 PROVISIONS COMING INTO FORCE ON 1ST APRIL 1971 Provisions of the Act Subject matter of provisions Section 24(5) and (6) Duty of local authority to appoint visitor for persons committed to their care. SCHEDULE 3 TRANSITIONAL PROVISIONS 1 1 In this Schedule the following expressions have the meanings hereby respectively assigned to them, that is to say: — “ the Act of 1933 ” means the Children and Young Persons Act 1933; “ the Act of 1937 ” means the Children and Young Persons (Scotland) Act 1937; “ the Act of 1961 ” means the Criminal Justice Act 1961; and “ the Act of 1968 ” means the Social Work (Scotland) Act 1968. 2 In this Schedule, except where the context otherwise requires, any reference to an enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment. 2 Without prejudice to the operation of paragraphs 5(2) and 18 of Schedule 4 to the Act nothing in any provision of Schedule 5 or 6 thereto brought into force by this Order shall affect the operation of section 48 of the Act of 1933 or section 9 of the Act of 1961 in relation to a person subject to a probation order which continues in force by virtue of the said paragraph 5(2). 3 Without prejudice to the operation of paragraphs 15 and 18 of Schedule 4 to the Act nothing in any provision of the Act brought into force by this Order shall affect — a any order of a court for the detention of any person in a remand home, special reception centre or other place of safety in England and Wales (other than a person subject to an approved school order or detained by virtue of a warrant under section 15 of the Act of 1961) and in force immediately before 1st January 1971; or b the operation of any enactment relating to a person subject to such an order until he is brought before a court in pursuance of the order or released; and, accordingly, any such enactment shall have effect in relation to such a person, until he is brought before a court as aforesaid or released, as if this Order had not been made. 4 1 Until the date of the coming into force of section 44 of the Act of 1968 nothing in any provision of the Act brought into force by this Order shall affect the operation of any enactment relating to persons sent or transferred to an approved school in Scotland or committed to the care of a fit person under the Act of 1937 or to custody in a remand home provided under that Act and, accordingly, until that date, any such enactment shall have effect in relation to such a person as if this Order had not been made. 2 In relation to a person who is subject to an approved school or fit person order within the meaning of the Act of 1937 or an order of committal to custody in a remand home provided under that Act immediately before the date mentioned in the preceding sub-paragraph and continues to be so subject on and after that date by virtue of paragraph 4 of Schedule 7 to the Act of 1968 the preceding sub-paragraph shall have effect as if for references to that date there were substituted references to the date on which the order ceases to have effect. 5 So long as section 77(1) of the Act of 1933 (provision of remand homes) applies to a local authority by virtue of paragraph 13(1)(c) of Schedule 4 to the Act, section 78(3) of the Act of 1933 shall, notwithstanding the repeal of that section contained in Schedule 6 to the Act, continue to apply in relation to remand homes provided by that authority as if for the words “detained in custody” there were substituted the word “accommodated” . 6 Any contribution order made under section 87 of the Act of 1933 or any affiliation order made by virtue of or revived under section 26 of the Children Act 1948 and in force immediately before 1st January 1971 shall have effect from that date as if made under the said section 87 or, as the case may be, made by virtue of or revived under the said section 26, as modified by the Act. 7 Any rules made by virtue of section 14 of the Justices of the Peace Act 1949 shall have effect from 1st January 1971 as if they were made by virtue of section 61 of the Act.

The Civil Aviation (Crown Aircraft) Order 1970 At the Court at Buckingham Palace, the 25th day of February 1970 Present, The Queen's Most Excellent Majesty in Council Her Majesty, in exercise of the powers conferred on Her by section 61(1) of the Civil Aviation Act 1949, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 1 This Order may be cited as the Civil Aviation (Crown Aircraft) Order 1970 and shall come into operation on 4th March 1970. 2 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 2 Section 40 of the Civil Aviation Act 1949 shall apply to aircraft belonging to or exclusively employed in the service of Her Majesty, not being military aircraft. W.G. Agnew

The Consular Relations (Privileges and Immunities) (Kingdom of Denmark) Order 1970 At the Court at Buckingham Palace, the 17th day of December 1970 Present, The Queen's Most Excellent Majesty in Council Whereas a draft of this Order has been laid before and approved by resolution of each House of Parliament in accordance with section 14(1) of the Consular Relations Act 1968 (hereinafter referred to as “ the Act ”): Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on Her by section 3(1) of the Act or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 This Order may be cited as the Consular Relations (Privileges and Immunities) (Kingdom of Denmark) Order 1970 and shall come into operation on 1st January 1971. 2 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 3 The like exemption from dues and taxes as is accorded under Article 32 in Schedule 1 to the Act to the residence of the career head of a consular post shall be extended to the residence of a career consular officer of the Kingdom of Denmark of which the Kingdom of Denmark or any person acting on its behalf is the owner or lessee. W. G. Agnew

The Antarctic Treaty Act 1967 (Isle of Man) Order 1970 At the Court at Balmoral, the 30th day of September 1970 Present, The Queen's Most Excellent Majesty in Council Her Majesty, in exercise of the power conferred on Her by section 9 of the Antarctic Treaty Act 1967, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 This Order may be cited as the Antarctic Treaty Act 1967 (Isle of Man) Order 1970 and shall come into operation on 12th October 1970. 2 The Antarctic Treaty Act 1967 shall extend to the Isle of Man subject to the modifications specified in the Schedule to this Order. W.G. Agnew SCHEDULE MODIFICATIONS IN THE EXTENSION OF THE ANTARCTIC TREATY ACT 1967 TO THE ISLE OF MAN 1 Any reference to a provision of the Act shall be construed as a reference to that provision as it has effect in the Isle of Man. 2 Any reference to a British ship registered in the United Kingdom shall be construed as including a reference to a British ship registered in the Isle of Man. 3 After section 6(3) there shall be inserted the following subsection: — 4 An Order in Council under this section shall, if approved by resolution of Tynwald, extend to the Isle of Man. . 4 After section 7(7) there shall be inserted the following subsection: — 8 An Order in Council made under subsection (1) of this section shall extend to the Isle of Man and an Order in Council made under any of subsections (2) to (5) of this section which has not been annulled in pursuance of subsection (7) shall, if approved by resolution of Tynwald, extend to the Isle of Man. . 5 In section 8(1) for the words following “any person” to the end of the subsection there shall be substituted the words “in the Isle of Man” . 6 After section 10(4) there shall be inserted the following subsection: — 4A An Order in Council made under subsection (2) or (3) of this section which has not been annulled in pursuance of subsection (4) shall extend, if approved by resolution of Tynwald, to the Isle of Man. .

The Consular Relations (Privileges and Immunities) (Kingdom of Norway) Order 1970 At the Court at Buckingham Palace, the 17th day of December 1970 Present, The Queen's Most Excellent Majesty in Council Whereas a draft of this Order has been laid before and approved by resolution of each House of Parliament in accordance with section 14(1) of the Consular Relations Act 1968 (hereinafter referred to as “ the Act ”): Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on Her by section 3(1) of the Act or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 This Order may be cited as the Consular Relations (Privileges and Immunities) (Kingdom of Norway) Order 1970 and shall come into operation on 1st January 1971. 2 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 3 The like exemption from dues and taxes as is accorded under Article 32 in Schedule 1 to the Act to the residence of the career head of a consular post shall be extended to the residence of a career consular officer of the Kingdom of Norway of which the Kingdom of Norway or any person acting on its behalf is the owner or lessee. W. G. Agnew

Local Authorities (Goods and Services) Act 1970 Supply of goods and services by local authorities. 1 1 Subject to the provisions of this section, a local authority and any public body within the meaning of this section may enter into an agreement for all or any of the following purposes, that is to say — a the supply by the authority to the body of any goods or materials; b the provision by the authority for the body of any administrative, professional or technical services; c the use by the body of any vehicle, plant or apparatus belonging to the authority and, without prejudice to paragraph (b) above, the placing at the disposal of the body of the services of any person employed in connection with the vehicle or other property in question; d the carrying out by the authority of works of maintenance in connection with land or buildings for the maintenance of which the body is responsible; and a local authority may purchase and store any goods or materials which in their opinion they may require for the purposes of paragraph (a) of this subsection. 2 Nothing in paragraphs (a) to (c) of the preceding subsection authorises a local authority — a to construct any buildings or works; or b to be supplied with any property or provided with any service except for the purposes of functions conferred on the authority otherwise than by this Act. 3 Any agreement made in pursuance of subsection (1) of this section may contain such terms as to payment or otherwise as the parties consider appropriate. 4 In this Act — " local authority ", in relation to England and Wales, means the council of any county, county borough, county district or London borough, the Greater London Council, the Common Council of the City of London, the Council of the Isles of Scilly and any joint board, joint committee and combined authority and, in relation to Scotland, has the meaning assigned to it by section 113(1) of the Town and Country Planning (Scotland) Act 1947; " public body " means any local authority, any person who is a public body by virtue of subsection (5) of this section and, in relation to England and Wales, any parish council, council of a borough included in a rural district and representative body of a rural parish; and " works of maintenance " include minor renewals, minor improvements and minor extensions. 5 The following Ministers, that is to say — a in relation to England and Wales, the Minister of Housing and Local Government and the Secretary of State acting jointly; and b in relation to Scotland, the Secretary of State, may by order made by statutory instrument provide that any person who is specified in the order or is of a description so specified, being a person or description of persons appearing to those Ministers or the Secretary of State to be exercising functions of a public nature, shall be a public body for the purposes of this Act in its application to England and Wales or Scotland, as the case may be; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament. 6 An order under the preceding subsection may contain such provisions as the person making it considers appropriate — a for restricting the agreements which may by virtue of the order be entered into by a public body; b without prejudice to the preceding paragraph, for securing the inclusion in any agreement made by virtue of the order of terms imposing restrictions. Supplemental. 2 1 Nothing in section 1 of this Act shall be construed as derogating from any powers exercisable by any public body apart from that section. 2 The accounts of a local authority by whom agreements in pursuance of the said section 1 are entered into under which the authority are to provide any such property or service or do such work as is mentioned in subsection (1) of that section shall include a separate account in respect of the agreements; and subsections (4), (6) and (7) of section 283 of the Local Government Act 1933 and sections 199 and 200 of the Local Government (Scotland) Act 1947 (which relate to the inspection and taking of copies of the abstract of accounts of authorities) shall have effect as if any reference to an abstract of the accounts of an authority included a reference to such a separate account as aforesaid and, in relation to such a separate account, as if the words from " which shall" to " may prescribe " in subsection (1) of the said section 200 were omitted. 3 Subsections (1), (2), (4) and (5) of section 82 of the Public Health Act 1961 (which provide among other things, in relation to England and Wales, for the amendment or repeal, on the application of or after consultation with the authorities concerned, of local enactments which are inconsistent with that Act or unnecessary in consequence of it) shall have effect as if references to that Act included references to this Act and references to a local Act included references to the provisions of sections 5(3) and 72 of the London Government Act 1963 and as if, in relation to those provisions, the application mentioned in subsection (2) were an application by the Greater London Council. 4 Section 14 of the Local Government (Development and Finance) (Scotland) Act 1964 (which contains similar provisions for the amendment or repeal of local enactments in Scotland) shall have effect as if references therein to that Act included references to this Act. 5 An order under section 1(5) of this Act may be revoked or varied by a subsequent order thereunder, and the subsequent order may contain such transitional provisions as the person making it considers appropriate. Short title and extent. 3 1 This Act may be cited as the Local Authorities (Goods and Services) Act 1970. 2 This Act does not extend to Northern Ireland.

The Consular Relations (Merchant Shipping) (Kingdom of Norway) Order 1970 At the Court at Buckingham Palace, the 17th day of December 1970 Present, The Queen's Most Excellent Majesty in Council Her Majesty, by virtue and in exercise of the powers conferred on Her by sections 4, 6 and 16(2) of the Consular Relations Act 1968 or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: — 1 This Order may be cited as the Consular Relations (Merchant Shipping) (Kingdom of Norway) Order 1970 and shall come into operation on 1st January 1971. 2 1 For the purposes of Article 3 of this Order and for the purposes of section 6 of the Consular Relations Act 1968 as applied by virtue of Article 4 of this Order a ship shall be treated as belonging to the Kingdom of Norway if it is registered at a port in the Kingdom of Norway. 2 Nothing in this Order shall apply to any ship of war. 3 The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 3 Proceedings relating to the remuneration or any contract of service of the master or a member of the crew of any ship belonging to the Kingdom of Norway shall not be entertained by any court in the United Kingdom unless a consular officer of the Kingdom of Norway has been notified of the intention to invoke the jurisdiction of that court and has not objected within a period of two weeks from the date of such notification and a statement to that effect is included among the details on which the claim is based at the time when the proceedings are commenced. 4 The Kingdom of Norway is designated for the purposes of section 6 of the Consular Relations Act 1968 (which relates to detention on board ship for disciplinary offences). W. G. Agnew