text:
1
This Order may be cited as the Finance Act 1996, Section 6, (Appointed Day) Order 1996.
2
The day appointed as the day on which section 6 of, and Schedule 1 to the Finance Act 1996 shall have effect in relation to —
a
the production, on or after the date specified below, of a mixture which is leaded or unleaded petrol, and
b
the supply, on or after that specified date, of a mixture of heavy oils,
is 15th November 1996.
D J Howard
Commissioner of Customs and Excise
New King’s Beam House
22 Upper Ground
London
SE1 9PJ
28th October 1996


type: legislation

jurisdiction: UK

text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Campbeltown (Ferry Terminal) Harbour Revision Order 1996 and shall come into force on 1st March 1996.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“Council” means the Strathclyde Regional Council;
“deposited plans and sections” means the plans and sections signed on behalf of the Secretary of State and marked “Plans and sections referred to in the Campbeltown (Ferry Terminal) Harbour Revision Order 1996” of which copies have been deposited at the office of the Secretary of State for Scotland at Victoria Quay, Edinburgh EH6 6QQ and with Strathclyde Regional Council, at Strathclyde Roads, Richmond Exchange, 20 Cadogan Street, Glasgow G2 7AD and at Manse Brae, Lochgilphead, PA31 8RD;
“enactment” means any Act and any Order (including this Order) and any subordinate legislation within the meaning of the Interpretation Act 1978 ;
“harbour undertaking” means the undertaking of the Council at Campbeltown as from time to time authorised by an enactment;
“level of high water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plans;
“tidal work” means so much of any work as is on, under or over tidal waters or tidal lands below the level of high water;
“works” means the works authorised by this Order, or as the case may require any part thereof, and includes any work constructed pursuant to article 5 below.
2
All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order shall be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.
3
Map reference points specified in this Order shall be construed as references to Ordnance Survey National Grid Map reference points.
4
Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.
PART II
WORKS
Power to carry out works
3
1
Subject to the provisions of this Order, the Council may, in the parish of Campbeltown, district of Argyll and Bute in the Strathclyde region and on the foreshore and in the sea adjoining the same in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plans and sections construct, execute and maintain the works hereafter described, together with all necessary and proper works and conveniences connected with or incidental thereto, that is to say:
Work No.1
A vehicle marshalling area of predominantly rectangular shape to be constructed by reclamation of the foreshore and seabed by infilling, levelling and surfacing, varying in width from 68 metres at its western end to 24 metres at its eastern end and bounded on its south-eastern and eastern sides by rock faces and on its north-eastern side by sheet piling or reinforced concrete wall, the marshalling area commencing at a point at NR 7225020232 and extending in a north-easterly direction for a distance of 106.4 metres to a point at NR 7231520317 and there terminating.
Work No.2
An adjustable steel link bridge commencing at a point at NR 7231920313 connecting by a hinge to the eastern face of Work No.1 and extending in a generally north-easterly direction for a distance of 16 metres to a point at NR 7233720331 and there terminating, to form a link between a vessel and Work No.1 and including machinery for lifting and lowering the end adjoining the vessel, the width of the bridge being 5.5 metres.
Work No.3
Two fixed structures of solid construction to support the mechanism for lifting and lowering the adjustable end of the steel link bridge (Work No.2) and guiding the same; the centre of the northern structure being situated adjacent to the existing pier at a point at NR 7232620332, the northern structure having a width of 4 metres and a length of 4 metres, and the centre of the southern structure being situated at a point at NR 7233820321, the southern structure having a width of 4 metres and a length of 4 metres.
Work No.4
A realignment of part of the south-east face of the existing pier constructed by infilling and faced by sheet piling, commencing at a point NR 7231120322, 12.1 metres north-west from the commencement of Work No.2 and extending in a north-easterly direction for a distance of 54.9 metres to a point at NR 7235120359 and there terminating.
Work No.5
A realignment of part of the south-eastern face of the existing pier constructed by infilling and faced by sheet piling, commencing at a point at NR 7235120359, 1.1 metres south-east of the termination of Work No.4 and extending in a north-easterly direction for a distance 30 metres to a point at NR 7237320379 and there terminating.
Work No.6
An openwork extension of the existing pier consisting of a reinforced concrete deck supported on steel piles, commencing at a point at NR 7237020383, 4.1 metres north-west of the termination of Work No.5 and extending in a north-easterly direction for a distance of 25 metres to a point at NR 7238820400 and there terminating in a semicircular profile.
Work No.7
Fendering of the south-east face and eastern semicircular head of Work No.6 in open work construction commencing at a point at NR 7234520350, 19.5 metres north-east of the commencement of Work No.3 and extending in a north-easterly direction for a distance of 60 metres; thence in a generally north-westerly direction round the semicircular profile of Work No.6 for a distance of 10.5 metres to a point at NR 7238920400 and there terminating.
2
The Council may within the limits of deviation reconstruct, renew and alter temporarily or permanently the works.
Power to deviate
4
Subject to the provisions of this Order, in the construction or execution of the works the Council may deviate laterally from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation, and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 1.5 metres upwards and to any extent downwards.
Subsidiary works
5
Subject to the provisions of this Order, for the purposes of or in connection with the works authorised by article 3 above, the Council may within the limits of deviation construct, execute and maintain all such subsidiary or incidental works and conveniences as may be necessary for or in connection with those works.
Power to dredge
6
Subject to the provisions of this Order the Council may within the area marked “Limit of dredged area” on the deposited plans deepen, dredge, scour, cut and improve the bed of the sea and for that purpose may blast any rock within such area.
Obstructing works
7
Any person who intentionally obstructs any person acting under the authority of the Council in setting out the lines of the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Works deemed to be part of harbour undertaking
8
The works shall be deemed for all purposes to be part of the harbour undertaking of the Council and all byelaws, rules and regulations of the Council for the time being in force relating to the harbour undertaking shall apply to the works and may be enforced by the Council accordingly.
Tidal works not to be executed without approval of Secretary of State
9
1
A tidal work shall not be constructed, reconstructed, executed, renewed or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, reconstructed, executed, renewed or altered in contravention of this article —
a
the Secretary of State may by notice in writing require the Council at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition, and if, on the expiration of 30 days from the date when the notice is served upon the Council it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may himself remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Survey of tidal works
10
The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work or of the site upon which it is proposed to construct and execute the work and any expenditure incurred by him in such survey and examination shall be recoverable from the Council.
Lights on tidal works during construction
11
1
The Council shall at or near a tidal work during the whole time of the construction, reconstruction, execution, renewal, or alteration thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation, as the Secretary of State shall from time to time direct.
2
If the Council fails to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Permanent lights on tidal works
12
1
After the completion of a tidal work the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for preventing danger to navigation, as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Council fails to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
13
1
Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Council at its own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Council, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Council.
Provision against danger to navigation
14
1
In the case of injury to or destruction or decay of a tidal work or any part thereof the Council shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Council fails to notify the Commissioners of Northern Lighthouses as required by this article or to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Period for completion of works
15
If the works are not completed within 10 years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the Council allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the Council for constructing and maintaining the works shall cease except as to so much thereof as shall then be completed.
PART III
SAVING
Crown Rights
16
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing, nothing in this Order authorises the Council to take, use, enter upon or in any manner interfere with, any land or hereditaments (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) or any rights of whatsoever description —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally, or subject to terms and conditions.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
21st February 1996


text:
Commencement and citation
1
This Order may be cited as the A41 Trunk Road (Barnet) Red Route (No. 2) Experimental Traffic Order 1996, and shall come into force on 19th January 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
and entry in column (3), (4) of (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
5
In so far as the provisions of paragraph (1) of this article relate to a length of road which paragraph (2) of this article also relates, the provisions of paragraph (2) shall prevail.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long is in needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies:
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a schedule express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Barnet (Waiting and Loading Restrictions) Order 1978 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Barnet (Waiting and Loading Restrictions) Order 1978 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
5th January 1996


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Information) (England) Regulations 1996 and shall come into force on 4th November 1996.
2
These Regulations apply in relation to maintained schools in England.
Revocation
2
The Education (School Information) (England) Regulations 1994 , the Education (School Information) (England) (Amendment) Regulations 1994 and the Education (School Information) (England) (Amendment) Regulations 1995 are hereby revoked.
Interpretation
3
1
In these Regulations, unless the context otherwise requires —
“the 1980 Act ” means the Education Act 1980;
“the 1988 Act ” means the Education Reform Act 1988;
“admission school year” means a school year at the beginning of which pupils are to be admitted to any school;
“assess” means assess pursuant to orders made under section 4(2) of the 1988 Act , and “assessment” shall be construed accordingly;
“attainment targets” has the meaning given by section 2 of the 1988 Act;
“authority” means a local education authority and, in relation to an authority, “the offices” means the education offices;
“core subjects” means English, mathematics and science;
“ GCE `A' level examinations” and “ GCE `AS' examinations” means General Certificate of Education advanced level and advanced supplementary examinations respectively;
“ GCSE ” means General Certificate of Secondary Education;
“level” means a level on the levels of attainment set out in any document of a kind referred to in section 4(4) of the 1988 Act the provisions of which have effect, or (as the case may be) have effect as amended, by virtue of any order made under section 4(2)(a) and (b) of that Act and, unless the context otherwise requires, means such level determined in accordance with the statutory arrangements;
“local average figures” means the average figures for all schools maintained by the relevant authority (other than any special school established in a hospital), all grant-maintained schools, grant-maintained special schools (other than any established in a hospital), and all city technology colleges and city colleges for the technology of the arts, in the area of that relevant authority;
“maintained school” means:
any county or voluntary school;
any special school maintained by an authority which is not established in a hospital;
any grant-maintained school or grant-maintained special school which is not established in a hospital,
but excludes any nursery school;
“national average figures” means the average figures for all schools in England;
“national summary figures” means the summary figures in respect of National Curriculum assessments of pupils for all schools in England;
“ NC tests” in relation to pupils in the final year of the first key stage, means National Curriculum standard tasks administered to pupils pursuant to article 5 of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995 and, in relation to pupils in the final year of the second or third key stage, “NC tests” and “NC tasks” mean respectively National Curriculum tests and National Curriculum tasks administered to pupils to assess the level of attainment which they have achieved in any of the core subjects being tests and tasks laid down in provisions made by the Secretary of State under orders made under section 4(2)(c) of the 1988 Act which have been published by Her Majesty’s Stationery Office;
“non-maintained special school” means a special school which is neither maintained by an authority nor a grant-maintained special school (and which is not established in a hospital);
“previous school year” means the school year immediately preceding the reporting school year;
“publication school year” means the school year immediately preceding the admission school year;
“public examinations” means public examinations which are for the time being prescribed by regulations made under section 106 of the 1988 Act ;
“primary education” does not include such education provided at a middle school;
“relevant authority”, in relation to a county or voluntary school or a special school maintained by an authority which is not established in a hospital, means the authority by which the school is maintained and, in relation to a grant-maintained school or a grant-maintained special school which is not established in a hospital, means the authority in whose area the school is situated;
“reporting school year” means the school year immediately preceding the publication school year;
“school prospectus” means the document described in regulation 11;
“special educational needs” and “special educational provision” have the same meanings as in section 156 of the Education Act 1993;
“special school” has the meaning assigned to it by section 182(1) of the Education Act 1993;
“the statutory arrangements” means assessment arrangements specified by orders made under section 4(2)(c) of the 1988 Act;
“teacher assessment” means assessment of a pupil’s level of attainment in any of the core subjects by a teacher as specified in the statutory arrangements;
“unit” in relation to a vocational qualification, means a module or part of a course leading to that qualification which, when successfully completed, can be counted together with other modules or parts towards obtaining that qualification.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, any reference to a numbered paragraph is to the paragraph of that regulation bearing that number, any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph and any reference to a Schedule is to a Schedule to these Regulations.
3
In these Regulations any reference to a date up to which parents may express a preference for a school is a reference to the date by which, in accordance with arrangements made by the relevant local education authority under section 6(1) of the 1980 Act, a parent wishing education to be provided for his child in the exercise of the authority’s functions should express such a preference.
4
In these Regulations, unless the context otherwise requires, a reference to publication by the governing body of a school includes a reference to publication on behalf of the governing body by the relevant authority by virtue of section 8(6) of the 1980 Act.
5
In these Regulations references to the first key stage, the second key stage and the third key stage are references to the periods set out in paragraphs (a) to (c) of section 3(3) of the 1988 Act.
6
In these Regulations, unless the context otherwise requires, references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 31st August immediately preceding the commencement of the reporting school year and who were registered pupils at the school on the third Thursday in January in the reporting school year.
7
In these Regulations —
a
except where otherwise provided, where a percentage which is required to be calculated by virtue of these Regulations is not a whole number it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number;
b
where an average point score which is required to be calculated by virtue of these Regulations is not a whole number, it shall be calculated to one decimal place.
8
In these Regulations, references to examinations for which pupils at the school were entered include examinations for which they were entered otherwise than in pursuance of section 117 of the 1988 Act.
9
For the purposes of these Regulations, any examination for the GCSE for which a pupil aged 15 was entered during the previous school year or any earlier school year shall be treated as such an examination for which the pupil was entered during the reporting school year.
Qualification of duties
4
The duties imposed on governing bodies and authorities by virtue of these Regulations in respect of provision, publication or making available of information apply only to the extent that that information is available to the governing body or the authority in time for it to be reasonably practicable to provide, publish or make available the information is required to be provided, published or made available as the case may be.
PART II
PROVISION OF INFORMATION BY HEAD TEACHER
Provision of information by head teacher to governing body
5
For the purpose of enabling the governing body to comply with their obligations under these Regulations, the head teacher of every maintained school shall make available to the governing body information about the matters mentioned in Schedule 2.
PART III
INFORMATION TO BE PUBLISHED OR PROVIDED BY AUTHORITIES
General information to be published by authorities
6
1
An authority shall publish with respect to its policy and arrangements in respect of primary and secondary education (including such education provided in a middle school) in its area information in respect of each of the matters specified in Schedule 1.
2
Where changes in respect of any of those matters have been decided on by the authority but not yet implemented, the authority shall also publish information about those changes.
3
This information shall be published as provided in regulation 7.
Time and manner of publication by authorities of general information and particulars of school admission arrangements and related matters
7
1
This regulation shall apply in relation to the publication by an authority of —
a
information in respect of the matters specified in Schedule 1;
b
particulars of the arrangements mentioned in section 8(1), (3) and (4) of the 1980 Act ; and
c
particulars of the arrangements relating to voluntary aided or special agreement schools mentioned in section 8(2) and (3) of the 1980 Act where those particulars are being published by the authority on behalf of the governing body of the school pursuant to subsection (6) of that section.
2
Such information and particulars shall be published during the publication school year and, except in so far as they relate exclusively to primary education or special educational provision, they shall be published no later than six weeks before the date up to which parents may express a preference for a school in respect of the admission school year.
3
Subject to paragraphs (4) to (9), such information and particulars shall be published —
a
by copies being made available for distribution without charge to parents on request, and for reference by parents and other persons —
i
at the offices of the relevant authority, and
ii
at every school maintained by that authority, other than a nursery school or a special school;
b
by copies being distributed without charge to parents of pupils at schools maintained by the relevant authority, other than nursery schools or special schools, who, in the publication school year, are in the final year at such schools and who might transfer to other schools so maintained; and
c
by copies being made available for reference by parents and other persons at the public libraries in the area of the relevant authority.
4
So far as the information in respect of the matters specified in paragraphs 3, 4 and 5 of Schedule 1 is concerned (schools maintained by the authority), the information in respect of schools in a particular part of the relevant local education authority’s area need not —
a
be made available at offices, schools and libraries outside that part; or
b
be distributed to the parents of pupils who are at schools outside that part,
if information about how it may be obtained is available at those offices, schools and libraries or, as the case may be, is distributed to those parents.
5
It shall be a sufficient compliance with paragraph (3)(a)(ii) if so much of the information and particulars as relates to schools classified as —
a
primary schools;
b
middle schools; or
c
secondary schools,
(irrespective of the terminology used) is available only in schools of the classification in question.
6
It shall be a sufficient compliance with paragraph (3)(b) if there is published so much of the information and particulars as is relevant having regard to the schools to which pupils in the final year at that school might transfer.
7
So far as the particulars specified in Part II of Schedule 1 are concerned (special educational provision), paragraphs (3), (4), (5) and (6) shall not apply but the particulars shall be published —
a
by copies being available for distribution without charge to parents on request, and for reference by parents and other persons, at the offices of the relevant authority; and
b
by copies being available for reference by parents and other persons —
i
at every school maintained by the relevant authority, and
ii
at the public libraries in the area of that authority.
8
Without prejudice to the foregoing provisions of this regulation, such particulars of the arrangements made by the relevant authority under section 7(1) of the 1980 Act (appeals against admission decisions) and mentioned in section 8(1)(c) of that Act shall also be published by being set out in any document containing a notification to parents of a decision referred to in section 7(1) of that Act refusing their child admission to a school for which the parents have expressed a preference in accordance with arrangements made under section 6(1) of that Act.
9
Information about the matters mentioned in paragraphs 7(2) and 18 of Schedule 1 (transport arrangements and policies) shall also be published by copies being distributed without charge to institutions within the further education sector or at which a further education funding council has secured provision which (in either case) the authority consider students resident within its area may wish to attend.
10
The particulars referred to in paragraph (1)(c) shall be supplied to the authority by the governing body and shall be published without material alteration.
PART IV
INFORMATION TO BE PUBLISHED BY GOVERNING BODIES
General information to be published by governing bodies
8
1
Subject to regulation 9, the governing body of a maintained school shall publish as respects that school the information specified in Schedule 2.
2
Subject to regulation 9, this information shall be published as provided in regulation 11.
Determination of examination results particulars
9
1
The provisions of this regulation have effect for the purpose of determining the information specified in Schedule 2.
2
Subject to paragraph (6), if a pupil has been entered for two or more examinations in the same subject in the same school year, or in different school years which are treated as the same school year by virtue of regulation 3(9), only the examination in which he achieved the higher or highest grade shall be taken into account.
3
In the case of an examination leading to the award of GCSE in two subjects, a pupil shall be included only once in the number of pupils entered for the examination and taken into account only once in calculating the relevant percentages, but each grade awarded to him shall be treated as having been awarded in a separate subject.
4
In the case of any GCSE examination for which pupils aged 15 were entered, the information shall commence with the subjects listed in the first column of Schedule 4 in the order in which they are so listed.
5
For the purposes of this regulation, any GCSE examination in a subject listed in the first column of Schedule 4 is not to be treated as such unless the examination is in a syllabus referred to in the second column opposite that subject.
6
In the case of a pupil who has been entered for both GCE `A' level and GCE `AS' examinations in the same subject —
a
except in the circumstances described in sub-paragraph (b), only the GCE `A' level examination result shall be taken into account;
b
where the pupil achieves grade N or fails to achieve a grade in the GCE `A' level examination but achieves a grade between A and E inclusive in the GCE `AS' examination, only the GCE `AS' examination result shall be taken into account.
7
Subject to paragraph (6), in calculating the number of GCE `A' levels a pupil is entered for, one GCE `AS' shall be treated as the equivalent of half a GCE `A' level.
8
Subject to paragraph (6), for the purpose of determining point scores in GCE `A' level and GCE `AS' examinations, the following grades of achievement equate to the following points, namely:
GCE `A' level: grade A=10 points; grade B=8 points; grade C=6 points; grade D=4 points; and grade E=2 points;
GCE `AS': grade A=5 points; grade B=4 points; grade C=3 points; grade D=2 points; and grade E=1 point.
Performance information not relating to the reporting school year
10
1
This regulation applies where the information relating to the results of assessment, public examination results, vocational qualifications and units and school attendance referred to in paragraphs 16, 17, 18, 21, 22 and 24 of Schedule 2 for assessment undertaken, examinations held, qualifications achieved in, or attendance during the reporting school year, is not available in time for it to be reasonably practicable to publish the information in accordance with regulation 11.
2
Where this regulation applies, the governing body shall, as soon as practicable after the information in question for the reporting school year is made available to them, and in any event not later than two weeks before the earlier of the two dates referred to in paragraph (3) of regulation 11, publish that information as a supplement to the school prospectus in the manner required by that regulation for the publication of the prospectus.
Publication of school prospectuses
11
1
This regulation applies in relation to the publication by the governing body of a maintained school of information in relation to the school specified in Schedule 2.
2
In the case of any maintained school —
a
such information shall be published in a single document to be known as the school prospectus; and
b
copies shall be made available at the school for distribution without charge to parents on request and for reference by parents and other persons.
3
The school prospectus shall be published during the publication school year and, except in the case of a primary school (other than a middle school deemed to be a primary school) or of a special school, it shall be published not later than six weeks before whichever is the earlier of the following dates —
a
the date by which an application for admission to that school in respect of the admission school year should be made in accordance with the arrangements for admission to that school;
b
the date up to which parents may express a preference for a school in respect of the admission school year.
4
Where any information of the kind referred to in Schedule 2 is to be published by the relevant authority, it shall be supplied to them by the governing body and shall be published without material alteration.
5
In the case of a special school such information shall also be published by copies being made available at the offices of the relevant authority for distribution without charge to parents on request and reference by parents and other persons.
Publication of admissions arrangements
12
1
This regulation applies in relation to the publication by the governing body of an aided or special agreement school of particulars of the arrangements mentioned in section 8(2) and (3) of the 1980 Act (except where those particulars are being published by the authority on the governing body’s behalf pursuant to section 8(6) of the 1980 Act).
2
Such particulars shall be published by copies being made available at the school for distribution without charge to parents on request and for reference by parents and other persons.
3
Such particulars shall be published during the publication school year and, except in the case of a primary school (other than a middle school deemed to be a primary school) or of a special school, it shall be published not later than six weeks before whichever is the earlier of the following dates —
a
the date by which an application for admission to that school in respect of the admission school year should be made in accordance with the arrangements for admission to that school;
b
the date up to which parents may express a preference for a school in respect of the admission school year.
4
Without prejudice to the foregoing provisions of this regulation, such particulars of the arrangements mentioned in subsection (2)(b) of section 8 of the 1980 Act (appeals against admissions decisions) shall also be published by being set out in any document containing a notification to parents of a decision referred to in subsection (2) of section 7 of that Act refusing their child admission to a school for which such parents have expressed a preference in accordance with arrangements made under subsection (1) of section 6 of that Act.
PART V
INFORMATION TO BE MADE AVAILABLE BY GOVERNING BODIES
13
The governing body of a maintained school shall make available in the school prospectus the information specified in Schedule 3.
PART VI
SUPPLEMENTARY
Supplementary provisions relating to published documents
14
1
This regulation shall apply in relation to any document which contains such information or particulars as are mentioned in the preceding provisions of these Regulations and which is published in accordance with them.
2
Such a document shall state the school year to which the information or particulars contained in it relate and contain a warning that, although they were correct in relation to that year at a date specified in the document (not being earlier than six months before that of its publication), it should not be assumed that there will be no change affecting the relevant arrangements or some matter particularised —
a
before the start of, or during, the school year in question, or
b
in relation to subsequent school years.
3
If it appears requisite to the governing body or, as the case may be, an authority, that a translation of such a document in a language other than English should be available, it shall be translated into that language and the translated document shall be published in such manner as appears to the governing body or authority to be appropriate.
4
Parents shall not be charged for a copy of such a translated document if they are entitled without charge to a copy of the original document.
PART VII
TRANSITIONAL PROVISIONS
15
Where before the date that these Regulations come into force the governing body of a maintained school have already published, pursuant to regulation 8 of the Education (School Information) (England) Regulations 1994, for the publication school year ending in 1996 the information specified in Schedule 2 to those Regulations, the duties imposed under regulations 8 and 13 of these Regulations shall not apply in respect of that governing body and that school in relation to that publication school year.


text:
1
This Order may be cited as the Public Telecommunication System Designation (Torch Communications Limited) Order 1996 and shall come into force on 31st May 1996.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Ian Taylor
Parliamentary Under Secretary of State
Department of Trade and Industry
1st May 1996


text:
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) Regulations 1996 and shall come into force on 25th April 1996.
2
The Passenger and Goods Vehicles (Recording Equipment) Regulations 1991 and the Passenger and Goods Vehicles (Recording Equipment) Regulations 1994 are hereby revoked.
3
1
For the definition of “the Community Recording Equipment Regulation” in each of the provisions specified in paragraph (2) below there shall be substituted the following definition:
“the Community Recording Equipment Regulation” means Council Regulation ( EEC ) No. 3821/85 on recording equipment in road transport as it has effect in accordance with —
Commission Regulation (EEC) No. 3314/90 ;
Commission Regulation (EEC) No. 3688/92 ; and
Commission Regulation ( EC ) No. 2479/95 ;
and as read with the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 ;
.
2
The provisions referred to in paragraph (1) above are:
a
section 97(7) of the Transport Act 1968 ;
b
section 85 of the Road Traffic Act 1988 ;
c
regulation 1(3) of the Passenger and Goods Vehicles (Recording Equipment) Regulations 1979 ; and
d
regulation 3(3) of the Passenger and Goods Vehicles (Recording Equipment) (Amendment) Regulations 1984 .
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
26th March 1996


text:
Citation and commencement
1
1
This Order may be cited as the Deregulation (Bills of Exchange) Order 1996.
2
This Order shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order “the 1882 Act ” means the Bills of Exchange Act 1882.
Presentment of cheque for payment: alternative place of presentment
3
After section 74 of the 1882 Act there shall be inserted the following section —
Presentment of cheque for payment: alternative place of presentment.
74A
Where the banker on whom a cheque is drawn —
has by notice published in the London, Edinburgh and Belfast Gazettes specified an address at which cheques drawn on him may be presented, and
has not by notice so published cancelled the specification of that address,
the cheque is also presented at the proper place if it is presented there.
.
Presentment of cheque for payment: alternative means of presentment by banker
4
1
After section 74A of the 1882 Act (as inserted by Article 3 of this Order) there shall be inserted the following sections —
Presentment of cheque for payment: alternative means of presentment by banker
74B
1
A banker may present a cheque for payment to the banker on whom it is drawn by notifying him of its essential features by electronic means or otherwise, instead of by presenting the cheque itself.
2
If a cheque is presented for payment under this section, presentment need not be made at the proper place or at a reasonable hour on a business day.
3
If, before the close of business on the next business day following presentment of a cheque under this section, the banker on whom the cheque is drawn requests the banker by whom the cheque was presented to present the cheque itself —
a
the presentment under this section shall be disregarded, and
b
this section shall not apply in relation to the subsequent presentment of the cheque.
4
A request under subsection (3) above for the presentment of a cheque shall not constitute dishonour of the cheque by non-payment.
5
Where presentment of a cheque is made under this section, the banker who presented the cheque and the banker on whom it is drawn shall be subject to the same duties in relation to the collection and payment of the cheque as if the cheque itself had been presented for payment.
6
For the purposes of this section, the essential features of a cheque are —
a
the serial number of the cheque,
b
the code which identifies the banker on whom the cheque is drawn,
c
the account number of the drawer of the cheque, and
d
the amount of the cheque is entered by the drawer of the cheque.
Cheques presented for payment under section 74B: disapplication of section 52(4).
74C
Section 52(4) above —
a
so far as relating to presenting a bill for payment, shall not apply to presenting a cheque for payment under section 74B above, and
b
so far as relating to a bill which is paid, shall not apply to a cheque which is paid following presentment under that section.
2
This Article has effect in relation to cheques drawn on or after the day on which this Order comes into force.
Unindorsed cheques as evidence of payment
5
In section 3 of the Cheques Act 1957 (unindorsed cheques as evidence of payment) the existing provision shall become subsection (1) and after that subsection there shall be inserted the following subsection —
2
For the purposes of subsection (1) above, a copy of a cheque to which that subsection applies is evidence of the cheque if —
a
the copy is made by the banker in whose possession the cheque is after presentment and,
b
it is certified by him to be a true copy of the original.
.
Bowen Wells
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
27th November 1996


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 2) Regulations 1996 and shall come into force on 11th June 1996.
Voluntary Payments
2
In Table A of Part 1 of Schedule 1 to the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (modifications of provisions of the Income Support (General) Regulations 1987) after the entry relating to regulations 54 to 60 there shall be inserted the following entry —
a
in column (1) the words “Regulation 65”; and
b
in column (2) the words —
As if for the words “No part” there were substituted the words “(1) Subject to paragraph (2) below, no part”
.
As if the following paragraph were added to the regulation —
2
For the purposes of this regulation and paragraph 15 of Schedule 9 “voluntary payment” shall not include any payment made by a person whose income a Minister of the Crown or an education authority —
a
would take into account in assessing the amount of a student’s grant if an application for it were to be made;
b
has taken into account in assessing the amount of a student’s grant and which is in excess of contributions as assessed by a Minister of the Crown or an education authority.
.
.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
20th May 1996


text:
Citation and commencement
1
This Order may be cited as the Approval of Codes of Management Practice (Residential Property) Order 1996 and shall come into force on 17th March 1997.
Approval of code of practice
2
“‘Rent Only’ Residential Management Code”( ISBN 0 85406 642 X) and “‘Service Charge’ Residential Management Code”(ISBN 0 85406 643 8), which were submitted for approval on 25th October 1996 by the Royal Institution of Chartered Surveyors and are to be published by RICS Business Services Limited, are approved.
Transitional provision
3
Article 2 does not apply for the purposes of section 87(7)(a) and (b) of the Leasehold Reform, Housing and Urban Development Act 1993 (use of code in proceedings) in relation to an act or omission occurring before this Order comes into force.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
7th November 1996
William Hague
Secretary of State for Wales
11th November 1996


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Employments) (Amendment) Regulations 1996 and shall come into force on 6th April 1996.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Employments) Regulations 1993 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 23 —
a
in paragraph (2) for sub-paragraphs (g) and (h) there shall be substituted —
g
the cumulative emoluments at the date of the payment referred to in sub-paragraph (f) above and the corresponding total net tax deducted, and
h
if the employee has been employed in more than one employment during the year, the cumulative emoluments relating to the last employment, and the corresponding total net tax deducted.
;
b
in paragraphs (3) and (4) for the word “two”, wherever it occurs, there shall be substituted “three”.
4
In regulation 25 —
a
in paragraph (1) the word “the” immediately preceding the words “two copies” shall be omitted;
b
in paragraph (5) for the words “paragraphs (6) and” there shall be substituted “paragraph”;
c
paragraph (6) shall be omitted.
5
In regulation 26 —
a
in paragraph (1) for sub-paragraph (b) there shall be substituted —
b
within 14 days after retirement —
i
send to the inspector a certificate on the form provided containing the particulars specified in paragraph (2), and
ii
deliver a copy of the certificate to the employee.
;
b
in paragraph (2) for sub-paragraph (e) and the word “and” immediately preceding it there shall be substituted —
e
the emoluments of the employment since the 6th April last to the date of retirement,
f
the corresponding total net tax deducted, and
g
the amount of pension payable weekly or monthly as the case may be.
;
c
in paragraph (3) —
i
for the words “the two” there shall be substituted “two of the”;
ii
the word “and” at the end of sub-paragraph (a) shall be omitted;
iii
after sub-paragraph (b) there shall be added —
and
c
make a copy of the certificate on the form provided and deliver it to the employee within 14 days of retirement.
6
In regulations 27(1) and 30(4)(a) for the word “two” in each place where it occurs there shall be substituted “three”.
7
In regulation 34 —
a
in paragraph (1)(a) the word “the” immediately preceding the words “two copies” shall be omitted;
b
paragraph (2)(c) shall be omitted.
8
In regulation 37(2) the word “the” immediately preceding the words “two copies” shall be omitted.
9
In regulation 84 —
a
in paragraphs (1) and (2) for the words “the two” in each place where they occur there shall be substituted “two of the three”;
b
paragraph (4) shall be omitted;
c
in paragraph (7) for “paragraphs (1) or (2)” there shall be substituted “paragraph (1) or (2)”;
d
in paragraph (8) for the word “two” in each place where it occurs there shall be substituted “three”.
10
In regulation 88(5) sub-paragraph (c) and the word “and” immediately following it shall be omitted.
11
In regulation 89(2) —
a
in sub-paragraph (b) for paragraphs (vi) and (vii) there shall be substituted —
vi
if different from the amount referred to in paragraph (iv) above, the amount of taxable benefit paid in the last period of claim,
vii
if different from the amount of the tax referred to in paragraph (v) above, the amount of tax shown by the calculation to be payable or refundable on the amount of taxable benefit referred to in paragraph (vi) above, and
viii
the date of issue of the certificate;
;
b
in sub-paragraph (c) for the word “two” there shall be substituted “three”.
12
In regulation 91 —
a
in paragraph (1), in sub-paragraph (a), immediately before paragraph (i) there shall be inserted —
zi
the total taxable benefit,
;
b
in paragraph (3) the words from “, save that” to the end shall be omitted.
13
In regulation 92(1)(a) for the word “two” there shall be substituted “three”.
14
In regulation 98E(1) —
a
in sub-paragraph (a) for the word “two” there shall be substituted “three”;
b
for the words “deliver the copies” there shall be substituted “deliver two of the three copies”.
S. C. T. Matheson
G. H. Bush
Two of the Commissioners of Inland Revenue
13th March 1996


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Confiscation Orders) Order 1996 and shall come into force on 1st August 1996.
2
Part I of Schedule 4 to the Criminal Justice Act 1988 (offences in respect of which magistrates' courts may make confiscation orders) shall be amended by the addition to the offences there listed of the following offence, namely, an offence under section 114(1) of the Social Security Administration Act 1992 .
3
Accordingly, the table of offences set out in Part I of Schedule 4 to the Criminal Justice Act 1988 is amended by the addition, after the entry in respect of the Copyright, Designs and Patents Act 1988 , of the following: —
SOCIAL SECURITY ADMINISTRATION ACT 1992 (c. 5) Section 114(1) Offences relating to contributions.
.
4
The amendment made by article 2 above does not apply in relation to offences committed before the day on which this Order comes into force.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
1st July 1996