text:
1
1
This Order may be cited as the Railway Industry (Employees' Transport Vouchers) (Taxation) Order 1996 and shall come into force on 31st March 1996.
2
In this Order —
“the 1978 Act ” means the Employment Protection (Consolidation) Act 1978 ;
“the 1993 Act ” means the Railways Act 1993 ;
“conciliation officer” means an officer designated under section 211 of the Trade Union and Labour Relations (Consolidation) Act 1992 ;
“dismissal procedures agreement” has the meaning given by section 153(1) of the 1978 Act;
“railway asset” has the meaning given by section 6(2) of the 1993 Act, and any reference to the operation of such an asset shall be construed in accordance with that Act;
“railway services” has the meaning given by section 82 of the 1993 Act;
“railway undertaking” means an undertaking —
the whole or part of which was transferred or otherwise disposed of (whether or not to the person carrying on that undertaking) by the Board or a subsidiary of the Board by virtue of something done under or by virtue of, or pursuant to, the 1993 Act, or
in the course of which property, rights or liabilities transferred or otherwise disposed of (whether or not to the person carrying on that undertaking) by the Board or a subsidiary of the Board by virtue of something done under or by virtue of, or pursuant to, the 1993 Act are, or have been, used or otherwise turned to account;
“relevant complaint of dismissal”, and “relevant compromise contract”, have the meaning given by paragraph 20(3) of Schedule 13 to the 1978 Act ;
“relevant date”, in relation to a person who ceases, or ceased, to be in the employment mentioned in paragraph 27(2)(a), means the date on which that person ceases, or ceased, to be in that employment.
3
In this Order, unless provision is made to the contrary, any reference to a numbered paragraph is to the paragraph in Schedule 24 to the Finance Act 1994 (Provisions relating to the 1993 Act) which bears that number.
2
1
For the purposes of paragraph 27(2)(a), a person who ceases, or ceased, as mentioned in the said paragraph 27(2)(a) to be in the employment there mentioned shall be treated as if he had not ceased, or so ceased, to be in that employment —
a
where, within fourteen days after so ceasing (or, if shorter, the period ending at midnight on the second Monday after so ceasing), he enters or entered the employment of a person falling within sub-paragraph (i), (ii) or (iii) of paragraph 27(1)(a) who is or was the person by whom he had been employed immediately before the relevant date;
b
where, at any time after so ceasing, he enters or entered the employment of a person falling within sub-paragraph (i), (ii) or (iii) of paragraph 27(1)(a) (whether or not that person is or was the person by whom he had been employed immediately before the relevant date) pursuant to a statutory or contractual right to do so which existed on that date;
c
for any period during which, and for the time preceding any period during which, he is or was in the employment of a person engaged in the railway industry —
i
who is or was carrying on the undertaking or the part of the undertaking in which he had been employed immediately before the relevant date, and
ii
to whom the said undertaking or part had been transferred or otherwise disposed of, directly or indirectly by virtue of something done under or by virtue of, or pursuant to, the 1993 Act,
provided that, had that person been the person by whom he had been employed immediately before the relevant date, he would have been entitled, on the date he enters or entered that person’s employment, to return to that person’s employment pursuant to a statutory or contractural right to do so which existed on the relevant date;
d
where, in consequence of any action to which this sub-paragraph applies, he is or was reinstated or re-engaged in the employment of a person falling within sub-paragraph (i), (ii) or (iii) of paragraph 27(1)(a) (whether or not that person is or was the person by whom he had been employed immediately before the relevant date);
e
for any period during which, and for the time preceding any period during which, he is or was in the employment of a person who is or was engaged in the railway industry and in whose employment he was or had been reinstated or re-engaged in consequence of any action to which this sub-paragraph applies.
2
Sub-paragraphs (d) and (e) of paragraph (1) of this article apply to any action taken in relation to the dismissal of a person who, by virtue of that dismissal, ceases, or ceased, as mentioned in paragraph 27(2)(a) to be in the employment there mentioned which consists of any of the following —
a
the making by that person of a relevant complaint of dismissal,
b
the making by that person of a claim in accordance with a dismissal procedures agreement designated by an order under section 65 of the 1978 Act ,
c
the making by that person of a claim in accordance with procedures relating to dismissal established by or on behalf of the person by whom he was dismissed,
d
the taking by a conciliation officer of any action under section 64(2) of the Sex Discrimination Act 1975 , section 55(2) of the Race Relations Act 1976 , or section 134(3) of the 1978 Act,
e
the making of a relevant compromise contract.
3
1
For the purposes of paragraph 27(2)(b) and (4)(a), a person shall be treated for a period during which he is not or was not in the employment of any person engaged in the railway industry as if he were or had been in the employment of such a person —
a
where, within fourteen days after its commencement (or, if shorter, the period ending at midnight on the second Monday after its commencement), that period ends or ended in consequence of his entering the employment of a person engaged in the railway industry who is or was the person by whom he had been employed immediately before the commencement of that period;
b
where that period ends or ended in consequence of his entering the employment of a person engaged in the railway industry (whether or not that person is or was the person by whom he had been employed immediately before the commencement of that period) pursuant to a statutory or contractual right to do so which existed at the commencement of that period;
c
where, during that period, he is or was treated as if he had not ceased to be in the employment of a person falling within sub-paragraph (i), (ii) or (iii) of paragraph 27(1)(a) for the purposes of paragraph 27(2)(a) by virtue of article 2(1)(c) or (e) of this Order;
d
where that period ends or ended because, in consequence of any action to which this sub-paragraph applies, he is or was reinstated or re-engaged in the employment of a person engaged in the railway industry (whether or not that person is or was the person by whom he had been employed immediately before the commencement of that period).
2
Sub-paragraph (d) of paragraph (1) of this article applies to any action taken in relation to the dismissal of a person who, by virtue of that dismissal, ceases, or ceased, to be in the employment of a person engaged in the railway industry which consists of any of the actions referred to in sub-paragraphs (a) to (e) of paragraph (2) of article 2 of this Order.
4
For the purposes of paragraph 27(2)(c), a break in the continuity of a person’s period of employment shall be disregarded where the break occurs, or occurred, because the person ceases, or ceased, to be in the employment of a person engaged in the railway industry in circumstances where he is to be treated for the period during which he is not or was not in such employment as if he were or had been in such employment for the purposes of paragraph 27(2)(b) and (4)(a) by virtue of article 3 of this Order.
5
For the purposes of paragraph 27(4)(b), a transport voucher shall be treated as if it were, or had been, provided for a person by reason of his being in the employment of an employer engaged in the railway industry where —
a
the transport voucher is or was provided for the person during a period during which he is to be treated as if he were or had been in the employment of a person engaged in the railway industry for the purposes of paragraph 27(2)(b) and (4)(a) by virtue of article 3 of this Order, and
b
during that period any employment which he undertakes or undertook under a contract of employment or a contract for services is or was undertaken with the consent, given before the commencement of that period, of the person in whose employment he was immediately before the commencement of that period.
6
1
Any class or description of activity set out in paragraph (2) of this article is specified for the purposes of paragraph 27(6) (Activities carried on by those who are to be regarded as employers engaged in the railway industry).
2
The classes and descriptions of activity referred to in paragraph (1) of this article are —
a
the provision of any railway services,
b
the operation of any railway asset,
c
the manufacture or supply (whether by way of sale, lease or otherwise) of goods for use in the provision of any railway services or the operation of any railway asset,
d
the maintenance of goods used in the provision of any railway services or the operation of any railway asset,
e
the supply (whether by way of sale, lease or otherwise) of goods or the provision of services or facilities for any purpose connected with an activity of a class or description specified in sub-paragraph (a), (b), (c) or (d) of this paragraph,
f
the disposal (by way of sale) of any goods of a person who carries on an activity of a class or description specified in sub-paragraph (a), (b), (c), (d) or (e) of this paragraph, being goods which have been used in the carrying on of that activity but which are no longer required for that purpose,
where the activity is carried on for the purposes of the business of the Board, a subsidiary of the Board or a railway undertaking.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
4th March 1996
We consent to the making of this Order
Simon Burns
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 1996


type: legislation

jurisdiction: UK

text:
Title and commencement and extent
1
These Regulations may be cited as the Habitat (Former Set-Aside Land) (Amendment) Regulations 1996, shall come into force on 30th June 1996, and shall apply to England.
Amendment to previous Regulations
2
In regulation 7 (amount and payment of aid) of the Habitat (Former Set-Aside Land) Regulations 1994 , for“£275” there shall be substituted “£290”.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food.
6th June 1996


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Lloyd’s Underwriters (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) (Amendment No. 2) Regulations 1996 and shall come into force on 21st May 1996.
2
These Regulations have effect in relation to all payments of interest on relevant gilt-edged securities made without deduction of tax on or after 6th April 1996.
Interpretation
2
In these Regulations “the principal Regulations ” means the Lloyd’s Underwriters (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1995 , and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 5(1) —
a
for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (2A)”;
b
for the words “basic rate” there shall be substituted the words “lower rate”.
4
In regulation 5(2) for the words “Where the basic rate” there shall be substituted the words “Subject to paragraph (2A) below, where the lower rate”.
5
After regulation 5(2) there shall be inserted the following paragraph —
2A
In the case of the quarter ending on 30th June 1996, the amount of income tax for which the managing agent is to be accountable pursuant to paragraph (1) above for that quarter shall be ascertained after considering the period before 6th April 1996 separately from the period after 5th April 1996; and “income tax nominally attributable to the amount of excess gilt interest paid” in regulation 6(1) and (3) shall be construed accordingly.
6
In regulation 7(2) for the words “basic rate” there shall be substituted the words “lower rate”.
Simon Burns
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
29th April 1996


text:
Citation and Commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 2) Regulations 1996 and shall come into force on 1st July 1997 immediately after the Motor Vehicles (Approval) Regulations 1996 come into force.
Preliminary
2
The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 shall be further amended in accordance with the following provisions of the Regulations.
Amendments to regulation 2 (interpretation)
3
1
Regulation 2(1) shall be amended as follows.
2
In the definition of “the prescribed type approval requirements” for the words “these Regulations” there shall be substituted the words “regulation 4”.
4
1
Regulation 2B(1)(b) shall be amended as follows.
2
For the words “has been issued” there shall be substituted the words “is in force”.
Amendments to regulation 3 (application)
5
1
Regulation 3 shall be amended as follows.
2
In paragraph (1)(a) —
a
for the words “first used on or after” there shall be substituted the words “not first used before”; and
b
in sub-paragraph (ii), after the words “motor cycle with” there shall be inserted the words “or without”.
3
In paragraph (2) —
a
sub-paragraphs (a), (b), (e) and (j) shall be omitted;
b
at the end of sub-paragraph (k) there shall be inserted the words “and before 1st October 1991 (being the date on which that Act was repealed and the Vehicles (Excise) Act 1971 was extended to Northern Ireland by the Finance Act 1991)”.
New regulation 3A (modifications in relation to vehicles to which the Motor Vehicles (Approval) Regulations 1996 apply)
6
After regulation 3, there shall be inserted the following regulation —
Modifications in relation to which the Motor Vehicles (Approval) Regulations 1996 apply
3A
1
These Regulations shall have effect, in relation to vehicles to which Part II of the Approval Regulations apply, with the following modifications.
2
Regulation 4 shall have effect subject to regulation 3 of the Approval Regulations.
3
Regulation 6 does not apply to an application for a Minister’s approval certificate made on the basis that the vehicle complies with the relevant requirements by virtue of the Approval Regulations.
4
Regulation 8 does not apply in relation to any determination made for the purposes of such an application.
5
Regulation 9 does not apply in relation to any certificate issued on the basis that the vehicle complies with the relevant requirements by virtue of the Approval Regulations.
6
Regulation 10 does not apply in relation to any certificate in the form prescribed by the Approval Regulations.
7
Regulations 13A and 14 do not apply to any vehicle to which Part II of the Approval Regulations apply (those Regulations containing provisions corresponding to regulations 13A and 14).
8
In this regulation —
“the Approval Regulations” means the Motor Vehicles (Approval) Regulations 1996; and
“the relevant requirements”, in relation to a vehicle, means the requirements prescribed under section 54 of the 1988 Act that are applicable to it.
Amendments to regulation 4 (type approval requirements — application)
7
1
Regulation 4 shall be amended as follows —
a
in paragraph (1), for the words “Subject to paragraphs 1(A), (2), (3), (4) and (5)” there shall be substituted the words “Subject to paragraphs (1A) to (5), regulation 3A”; and
b
in paragraph (12), the words “and 63(1)” shall be omitted.
Insertion of new regulation 13A (obligatory certificates)
8
After regulation 13, there shall be inserted the following —
Obligatory certificates
13A
1
Subject to regulation 3A, this regulation applies to all vehicles subject to type approval requirements.
2
The day appointed for the purposes of section 63(1) of the Road Traffic Act 1988 in relation to all vehicles —
a
to which this Regulation applies; but
b
which are not of a class for which a day has previously been appointed for those purposes,
is 1st July 1997.
3
Without prejudice to any other Regulations having effect by virtue of section 63(1) of the Road Traffic Act 1988, all vehicles to which this Regulation applies are of a class prescribed for the purposes of that section.
4
The type approval requirements prescribed under section 63(1) of the Road Traffic Act 1988, in relation to any vehicle to which this Regulation applies, are the prescribed type approval requirements.
Substitution of regulation 14 (Licences not to be issued for vehicles unless appropriate certificates are in force
9
For regulation 14 there shall be substituted the following regulation —
14
Where application is made for a licence under the Vehicle Excise and Registration Act 1994 for a vehicle to which regulation 13A applies, the licence shall not be granted unless on the first application after the day appointed by regulations made by virtue of section 63 of the Road Traffic Act 1988 for a licence for that vehicle, there is produced evidence that there is or are one or more certificates in force for the vehicle under sections 54 to 58 of the Road Traffic Act 1988 from which it appears that the vehicle complies with the prescribed type approval requirements.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
2nd December 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sussex Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 16th February 1996.
2
In this Order —
“the Authority” means the East Sussex Health Authority;
“the Trust” means the Sussex Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 18th October 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th February 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
17th January 1996


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Blackdown Hills) Designation (Amendment) Order 1996 and shall come into force on 1st September 1996.
Amendment of the Environmentally Sensitive Areas (Blackdown Hills) Designation Order 1994
2
1
The Environmentally Sensitive Areas (Blackdown Hills) Designation Order 1994 shall be amended in accordance with the following paragraphs of this article.
2
In paragraph (1) of article 2 (interpretation) the definition of “managed woodland” shall be deleted.
3
In article 7 (rates of payment under agreement) —
a
in paragraph (1) —
i
in sub-paragraph (a), for “£12” there shall be substituted “£20”,
ii
in sub-paragraph (b), for “£25” there shall be substituted “£35”,
iii
in sub-paragraph (c), for “£40” there shall be substituted “£45”, and
iv
in sub-paragraph (d), for “£50” there shall be substituted “£70”,
b
in paragraph (3), for “£180” there shall be substituted “£150”;
c
paragraph (4), shall be deleted;
d
for paragraph (5), there shall be substituted the following —
5
Where an agreement includes the additional provisions specified in Schedule 5, the Minister shall make payments at the rate per annum of £2 for each 10 metres of stockproof hedges managed in accordance with the programme referred to in that Schedule, subject to a maximum of 200 metres of stockproof hedges so managed per hectare of eligible land per annum for the first 10 hectares of eligible land and thereafter a maximum of 100 metres of stockproof hedges so managed per hectare of eligible land per annum.
5A
For the purposes of paragraph (5) above, “eligible land” means land which —
a
comprises or falls within land subject to the provisions of the agreement concerned;
b
is not rough land;
c
is enclosed by boundaries; and
d
contains, whether within itself, or as the whole or part of the boundaries by which it is enclosed, hedges.
; and
e
for paragraph (6), there shall be substituted the following —
6
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of operations included in the plan, subject to a maximum of £15,000 for that agreement..
4
In Schedule 1 (requirements to be included in an agreement) —
a
for paragraph 1(1) there shall be substituted the following —
1
the farmer shall not use any part of it for the growing of arable crops, unless, on 31st December 1993, that part was used —
a
for the growing of arable crops; or
b
for ley grassland established after 31st December 1988;
b
for paragraph 1(5), there shall be substituted the following —
5
the farmer shall —
a
within two years of the start of the agreement agree in writing with the Minister a programme for the selection and tagging of saplings to develop into hedgerow trees; and
b
carry out that programme in accordance with the agreement.
He shall not damage or remove tagged trees;
; and
c
for paragraph 4(10), there shall be substituted the following —
10
the farmer shall —
a
within two years of the start of the agreement agree in writing with the Minister a programme to manage scrub and rushes on heathland and wetland; and
b
carry out that programme in accordance with the agreement;.
5
Schedule 4 (additional provisions in relation to managed woodland) shall be deleted.
6
In Schedule 5 (additional provisions relating to hedge management), the phrase “,including laying” shall be deleted.
7
In Schedule 6 (conservation plan operations) —
a
in paragraph 1, after the phrase “(including the provision of hedgebanks where appropriate)” there shall be added the phrase “, the laying and the coppicing of hedges”;
b
for paragraph 3, there shall be substituted the following —
3
The restoration of farm buildings using traditional materials.
; and
c
after paragraph 7, there shall be added the following paragraphs —
8
The creation and restoration of ponds.
9
Re-planting of traditional orchards and frameworking of fruit trees in traditional orchards.
10
The selection and tagging of saplings to develop into hedgerow trees.
Saving
3
1
Paragraph (3)(a), (b), (d) and (e) of article 2 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st September 1996.
2
Paragraph (2), (3)(c) and (5) of article 2 of this Order shall not apply in relation to any agreement made before the date of coming into force of this Order.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
7th August 1996
We consent,
Bowen Wells
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
12th August 1996